JOINT MEETING OF THE MILPITAS CITY
COUNCIL, HOUSING AUTHORITY, AND PUBLIC
FINANCING AUTHORITY
June 6, 2023 Milpitas City Council Agenda Page 1
AG E N D A
TUESDAY, JUNE 6, 2023
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:
Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.
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_0P4sbYV5QVmYZzkMbBGUjQ 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 June 6, 2023 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 PM)
ADJOURN TO CLOSED SESSION
(a) 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, MidCon), IAFF, MPOA 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
INVOCATION (Vice Mayor Chua)
PRESENTATIONS (7:05 PM)
Parks and Recreation Month (Proclamation)
Telugu Pride Day (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 June 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for June 2023.
C2. Approve City Council City Council Meeting Minutes of May 9, 16, and 23, 2023 (Staff Contact:
Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Special Meeting minutes of May 9 and 23, 2023 and Regular Meeting minutes of May 16, 2023.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.
2 June 6, 2023 Milpitas City Council Agenda Page 3
C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Review the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.
C5. Accept the Report for Key 2022 Approved State Laws Impacting Municipal Operations and an Update on 2023 State and Federal Earmark Requests (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012)
Recommendation: Accept the report for Key 2022 Approved State Laws impacting municipal operations and the 2023 State and Federal Legislative Earmark requests.
C6. American Rescue Plan Act (ARPA) Workforce Development Program Funding (Staff Contact:
Alex Andrade, Economic Development Director, 408-586-3046; and Margaret Tamisiea, Senior Special Projects Associate, 408-586-3047)
Recommendation: Approve American Rescue Plan Act (ARPA) Workforce Development grant for Milpitas Unified School District’s Adult Education Career Training Center to support workforce development programming and education services in the amount of $30,000.00.
C7. Adopt a Resolution Granting Acceptance of Delano Manongs Park Sports Field (Formerly known as McCandless Park Sports Field), Project No. 5102, Authorizing the City Engineer to File a Notice of Completion, and Authorize the City to Issue a Notice of Final Acceptance after the One-Year Warranty (Staff Contact: Michael Silveira, Capital Improvement Program Manager, 408- 586-3303)
Recommendation: Adopt a resolution granting acceptance of Delano Manongs Park Sports Field (formerly known as McCandless Park Sports Field), Project No. 5102, authorizing the City Engineer to file a Notice of Completion, and authorizing the City Engineer to issue a Notice of Final Acceptance after the one-year warranty.
C8. Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to Joseph J Albanese, Inc for Street Resurfacing 2023 Project No. 4283, 4303, 4304; and Approve Budget Change Form (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012) Recommendation: Adopt a resolution to approve project plans & specifications; award the construction contract to the lowest responsible, and responsive bidder, Joseph J. Albanese Inc, in the amount of $2,899,299.75 for the Street Resurfacing Project No. 4283, 4303, 4304; Authorize the City Manager to execute the construction contract with Joseph J. Albanese Inc; Authorize the Engineering Director/City Engineer to negotiate and execute Contract Change Order(s) in an aggregate amount not to exceed $434,894.96 for the project; and Approve the Budget Change Form to appropriate funding for CP 4303 and CP 4304.
C9. Adopt Resolutions of the Milpitas City Council and Milpitas Public Financing Authority Board Authorizing Investment of Monies in the Local Agency Investment Fund and Updating Officers’ Information (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Recommendation: Adopt resolutions of the Milpitas City Council and Milpitas Public Financing Authority Board authorizing investment of monies in the Local Agency Investment Fund and updating officers’ information.
3 June 6, 2023 Milpitas City Council Agenda Page 4
C10. Approve and Authorize the City Manager to Execute the Purchase Order with Code 3 Technology for Police Mobile Computer Replacement (Staff Contact: Daniel Nam, Information Technology Director, 408-586-2712)
Recommendation: Approve and authorize the City Manager to execute the purchase order with Code 3 Technology for 32 Getac ruggedized laptop computers for a total amount not-to-exceed $199,991.45.
C11. Receive an Update on the Emergency Repairs to the HVAC System and Equipment at City Hall and at the Public Works/Information Technology/Police Department Buildings and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Recommendation: (1) Receive an update on the emergency repairs to the HVAC system and equipment at City Hall and at the Public Works/Information Technology/Police Department Buildings; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.
C12. Approve Parks and Recreation and Community Services Programs Donation for a Memorial Bench in Honor of Mikhaila Saso (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Recommendation: Approve the Parks and Recreation Donation for a Memorial Bench for Mikhaila Saso.
C13. Consider Two Fee Waiver Requests from the Samuel Ayer High School Alumni Association and the Filipino Chamber of Commerce (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Recommendation: (1) Approve a Fee Waiver of $1,500.00 for the Samuel Ayer High School Annual Reunion at Murphy Park on September 16, 2023; and (2) Approve a Fee Waiver of $1,485.00 for the Filipino Chamber of Commerce Business Seminar at the Milpitas Community Center on June 24, 2023.
C14. Adopt a Resolution Approving the Application for $301,516.00 Land and Water Conservation Fund Grant from the State Department of Parks and Recreation and Designating the Acting City Manager or Designee as the Authorized Agent on the Grant Agreement with the State of California (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408- 586-3409)
Recommendation: Adopt a resolution approving the submittal of an application for Land and Water Conservation Grant Funds from the State Department of Parks and Recreation and designating the Acting City Manager or Designee as the Authorized Agent on the Grant Agreement with the State of California.
PUBLIC HEARINGS (7:30 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
15. Open the Public Hearing and Adopt Resolutions to Approve the Fiscal Year 2023-24 Operating Budget for the City of Milpitas and the Milpitas Housing Authority, Approve the Fiscal Year 2023-24 Gann Appropriations Limit, Authorize Various Financial Actions, Fiscal Policies and Budget Guidelines, Amend the Classification Plan for Alignment with the FY 2023-24 Budget, the Minimum Wage Increase, and Salary Schedules Consistent with Previous Council Action (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; and Lauren Lai, Finance Director, 408-586-3111)
4 June 6, 2023 Milpitas City Council Agenda Page 5
Recommendation: (1) Open the public hearing and move to close the hearing following any speakers; and (2) Adopt the following resolutions: (a) Joint Resolution of the City Council and Milpitas Housing Authority to approve the Fiscal Year 2023-24 Operating Budget the City of Milpitas and the Milpitas Housing Authority, approve the Appropriations Limit, Fiscal Policies and Budget Guidelines and authorizing various financial actions by the City Manager, including Approving and Authorizing the Execution of Various Contracts and Payments over $100,000; (b) Amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions; (c) Amending Resolution No. 1626, the Classification Plan, to adjust the hourly rate ranges for classifications due to a minimum wage increase pursuant to Ordinance No. 292; (d) Amending Resolution No. 1626, the Classification Plan of Unrepresented Management Employees and Authorizing Fringe Benefit; (e) Amending Resolution No. 1626, the Classification Plan, to adjust the Salary Schedules for various classifications to align with the current memorandums of understandings (MOUs); and (f) Amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions for Human Resources Manager.
16. Conduct a Public Hearing and Adopt a Resolution Approving a General Plan Amendment (GP23- 0002) to Change the Land Use Designations for 168 Parcels on South Main Street, Generally Located South of Great Mall Parkway and North of Montague Expressway, for Consistency with the Boundaries of the Metro Specific Plan and the Proposed Boundaries of the Draft Gateway- Main Street Specific Plan; and Introduce an Ordinance Amending the Milpitas Zoning Map (ZA23-0001) in Accordance with the Provisions of Section 3.03 of Chapter 10 of Title XI (Zoning) of the Milpitas Municipal Code to Change the Zoning Classification of Certain Parcels (APNs:
083-40-044 and 083-40-045) for Consistency with the New General Plan Land Use Designations (Staff Contact: Ned Thomas, Planning Director, 408-586-3273; and Holly Pearson, Senior Special Projects Associate, 408-609-0072)
Recommendation: (1) Conduct a public hearing and receive public comments; (2) Determine that potential environmental impacts associated with the proposed General Plan Map and Zoning Map changes have been previously analyzed under the Environmental Impact Report (EIR) for the Milpitas 2040 General Plan certified on March 9, 2021 (per Resolution 9047) and the Subsequent EIR for the Milpitas Metro Specific Plan certified on February 7, 2023 (per Resolution 9217), and find that since the proposed General Plan Map and Zoning Map changes are consistent with the General Plan and Metro Specific Plan, no further environmental analysis is required; (3) Determine that these actions are exempt from environmental review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15183 (Projects Consistent with a General Plan, Community Plan, or Zoning); (4) Adopt a resolution approving General Plan Amendment GP23-0002; (5) City Attorney shall read aloud title of the Ordinance; and (6) Move to waive the first reading beyond the title and introduce an Ordinance amending the Zoning Map of the City of Milpitas in accordance with the provisions of Section
3.03 of Chapter 10 of Title XI (Zoning Ordinance) of the Milpitas Municipal Code to change the zoning classification of two parcels (APNs: 083-40-044 and 083-40-045) for consistency with the new General Plan land use designations.
LEADERSHIP AND SUPPORT SERVICES (9:30 PM)
17. Adopt a Resolution to Appoint Ashwini Kantak as Acting City Manager Effective Upon Adoption and Continuing Until a Permanent Appointment is Made (Staff Contact: Nick Raisch, Human Resources Director, 408-586-3086)
Recommendation: Adopt a resolution to appoint Ashwini Kantak as Acting City Manager effective upon adoption and continuing until a permanent appointment is made and approve acting pay (10%) commensurate with established practices.
5 June 6, 2023 Milpitas City Council Agenda Page 6
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (9:40 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.
ADJOURNMENT (9:45 PM)
KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.
Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)
APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.
Contact the City Clerk’s Office at 408-586-3001 for more information.
If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
6 Milpitas City Council Calendar
June 2023
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
2 3
12:00 PM- Pride Flag
Raising Ceremony,
Cesar Chavez Plaza
4 5
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
6 6:00 PM-Closed Session
7:00 PM-City Council
7 5:30 PM-Veterans Commission (CM)
7:00 PM-Community Advisory
Commission (EC)
8 5:30 PM-Cities Assoc of SCC
Legislative Action Committee (CM)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
9 10
11 12
4:30 PM-Economic Development and
Trade Commission (CM)
13 4:00 PM- Milpitas HOPE
14 4:00 PM-City Council Transportation
Subcommittee (CM/EC)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
7:00 PM-Planning Commission
15 3:00 PM-VTA Safety, Security, and
Transit Planning and Operations
Committee (CM) (San Jose)
5:30 PM-Measure F Oversight
Committee
16 17
11:00 AM-3:00 PM-
Milpitas Cultural Arts
Grant Juneteenth,
Sunnyhills Albert
Augustine
18 19
7:00 PM-Science, Technology, and
Innovation Commission (GB)
20 6:00 PM-Closed Session
7:00 PM-City Council
21 4:00 PM-City Council Finance
Subcommittee (CM/EC)
6:00 PM-Energy and Environmental
Sustainability Commission (EC)
22 5:30 PM-State of the City Address
(CM) Milpitas Council Chamber
23 24
25 26
27 1:30 PM-Senior Advisory Commission
(CM)
28 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (CM)
7:00 PM-Planning Commission
29 30
July 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
United States Conference of Mayors, Columbus OH (CM)
United States Conference of Mayors, Columbus OH
(CM)
7 Item # C1.
SPECIAL MEETING OF THE
MILPITAS CITY COUNCIL
May 9, 2023 Milpitas City Council Minutes Page 1
M I NU TE S
TUESDAY, MAY 9, 2023
The City Council of the City of Milpitas convened in a Special Meeting of the Milpitas City Council on May 9, 2023, in the Barbara Lee Senior Center, 40 N. Milpitas Blvd, Room 140/141, Milpitas, CA, and via teleconference/ Zoom webinar.
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the meeting to order at 5:35 pm. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Vice Mayor Chua, Councilmembers Barbadillo, Lien and Phan.
ABSENT: None.
Councilmember Garry Barbadillo participated remotely from 24326 35th Pl S, Kent, WA 98032 pursuant to California Government Code Section 54953.
PLEDGE OF ALLEGIANCE
Mayor Montano led the pledge of allegiance.
PUBLIC FORUM
There were the following public speakers:
1. Rosamira Placencia
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.
READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Montano read the City Council Code of Conduct.
APPROVAL OF AGENDA
Motion: to approve the May 9, 2023 Special Meeting Agenda.
Motion/Second: Councilmember Lien / Vice Mayor Chua
Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None.
AGENDA ITEMS
Receive Presentation on the FY 2023-24 Proposed City of Milpitas Operating Budget and Provide Feedback (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) 8 Item # C2.
May 9, 2023 Milpitas City Council Minutes Page 2
Acting City Manager Kantak provided opening remarks. Finance Director Lai presented the report.
Mayor Montano paused to take public forum.
Acting City Manager Kantak continued presenting the report.
Planning Director Thomas presented on the proposed consolidation of Planning, Building Safety, and Code Enforcement into a Community Development Department and, joined by Building Official Bill Tott, responded to questions from City Council. Vice Mayor Chua noted she did not want to defund the Building Inspector position and suggested that the position could be used to improve the quality of service. Upon inquiry by Mayor Montano, Acting City Manager Kantak responded that the position was vacant, and that, based on existing workload standards, the position was recommended to be defunded.
Economic Development Andrade presented on the proposed consolidation of Economic Development and Housing and responded to questions from City Council. Mayor Montano remarked that Economic Development should be a stand-alone department. Councilmember Phan voiced support for the consolidation. Vice Mayor Chua stressed the importance of Economic Development and Housing being two distinct departments.
Councilmember Lien supported the consolidation and remarked that the consolidation can be revisited if the Council finds it ineffective. Councilmember Barbadillo stated he hadn’t decided on a position for this consolidation. He asked for a presentation on the feasibilities of all the departments being proposed as justification.
Public Works Director Di Renzo presented on the Proposed Consolidation of Public Works and Engineering.
Vice Mayor Chua proposed creating additional Maintenance Worker positions to provide a path for advancement and to reduce issues. Mayor Montano suggested adding an Administrative Analyst in the Streets, Parks, Landscapes, and Trees division to support administrative functions. Public Works Director Di Renzo noted that he was reviewing administrative support for the department.
Finance Director Lai continued the presentation. Staff responded to questions from the City Council.
Community Services and Sustainable CSA
There were no questions.
Public Safety CSA
Police Chief Hernandez, Fire Chief Schoonover, and Acting City Manager Kantak responded to questions from the City Council. Councilmember Barbadillo asked for a breakdown of positions by similar jurisdiction. Vice Mayor Chua asked for either monthly or quarterly performance measurements to be transmitted to the City Council.
Community Development CSA
Planning Director Thomas responded to questions from the City Council. Mayor Montano voiced support for the Community Development consolidation to go forward. Vice Mayor Chua asked for what deliverables are expected to be delivered by adding an Administrative Analyst as the permit navigator. Councilmember Phan also supported the Community Development consolidation.
Leadership CSA
Acting City Manager Kantak, Information Technology Director Nam, and Finance Director Lai responded to questions from the City Council. Vice Mayor Chua voiced a need for City Council support in the City Manager’s Office. Assistant City Manager Kantak responded that the recommended Office Specialist position would be available to provide support. Vice Mayor Chua suggested defunding two IT Analysts to use towards other items 9 Item # C2.
May 9, 2023 Milpitas City Council Minutes Page 3
the Council had brought up that evening to ensure the funds don’t go unused. Finance Director Lai responded that unused funds from unfilled positions are handled in accordance with Council Policy for surplus funds.
Human Resources Director Raisch also detailed how funds are being used to conduct IT Analyst staff recruitments. Councilmember Phan asked if this is something that can be accomplished by being contracted out.
Deputy City Manager Cano presented on current and upcoming priority setting projects.
Assistant City Manager Kantak provided closing comments and asked for feedback from the City Council.
Mayor Montano asked to increase the City Council travel allowance from $5,000.00 to $10,000.00 per Councilmember and asked to see a Social Services position in the Recreation and Community Services Department.
Councilmember Phan questioned the City Attorney request for a summer law clerk and noted the City needs to work towards cost savings.
Vice Mayor Chua suggested moving the social services function under the Recreation Supervisor (Senior Center) and reclassing the position to be a manager. Acting City Manager Kantak responded that social services are proposed to be moved under the Senior Center Supervisor, but without reclassifying the position.
Recreation and Community Services Director Lorentzen noted that the majority of the social services work completed is administrative, and the area is restructuring to build in better efficiencies and address capacity.
Vice Mayor Chua expressed appreciation for ensuring that vision is aligned with the City Council.
Councilmember Lien asked to add three different events for the Chinese and the Vietnamese community – Lunar New Year, Black April, and Autumn Festival celebrations. Acting City Manager Kantak confirmed that the City hosts existing Lunar New Year and Autumn Festival celebrations, so this request was adding the Black April celebration.
Vice Mayor Chua questioned the reclassification of the Employee Relations Officer to Human Resources Manager. Human Resources Director Raisch responded that this was only a title change to incorporate a greater range of responsibilities assigned to the position.
Councilmember Phan asked if Planning needs additional staffing and suggested an assistant planning position might be able to address long-term and shifted duties and continuing the conversation towards re-funding the previously de-funded positions.
Mayor Montano suggested bringing back the discussion for the City Attorney office remodel.
Acting City Manager Kantak provided final comments, noted that staff would return with notes and feedback on allocations and that there may be a need to conduct an additional meeting prior to the June 6, 2023 public hearing.
PUBLIC FORUM
There were the following public speakers:
1. Voltaire Montemayor
ANNOUNCEMENTS
There were no announcements.
10 Item # C2.
May 9, 2023 Milpitas City Council Minutes Page 4
ADJOURNMENT
Mayor Montano adjourned the meeting at 9:42 PM.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
11 Item # C2.
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
May 16, 2023 Milpitas City Council Minutes Page 1
M I NU TE S
TUESDAY, MAY 16, 2023
The City Council of the City of Milpitas convened in a Regular Meeting of the Milpitas City Council on May 16, 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 (6:01p), Lien and Phan (6:06p).
ABSENT: None.
City Attorney Mutalipassi announced the closed session items.
The City Council adjourned to Closed Session at 6:02 PM.
ADJOURN TO CLOSED SESSION
(a) 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, MidCon), IAFF, MPOA (b) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City as Defendant
Hanhong Chen, et al. v. City of Milpitas, et al., Santa Clara Superior Court case number 22CV393670 (c) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957
Position: City Attorney
The City Council reconvened in open session at 7:32 PM
CLOSED SESSION ANNOUNCEMENT:
City Attorney Mutalipassi announced there was nothing to report out for Items (a) and (b), and that Item (c) would be heard at the conclusion of the meeting.
PLEDGE OF ALLEGIANCE
Mayor Montano led the Pledge of Allegiance.
12 Item # C2.
May 16, 2023 Milpitas City Council Minutes Page 2
PRESENTATIONS
Mayor Montano presented proclamations in recognition of Asian American and Pacific Islander Heritage Month and Public Works Week. She then presented certificates commending Earth Day and Library and Education Advisory Commission Essay Winners and Milpitas High School students, Sydney Moon and Sukhad Mutakar.
INVOCATION
Mayor Montano presented the invocation.
PUBLIC FORUM
There were the following public speakers:
1. Voltaire Montemayor
2. Carl Guardino
3. Gabriel Moran
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.
APPROVAL OF AGENDA
Motion: to approve the May 16, 2023 Regular Meeting Agenda.
Motion/Second: Vice Mayor Chua / Councilmember Lien
Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None
CONSENT CALENDAR
Motion: to approve the Consent Calendar
Motion/Second: Chua / Barbadillo
Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None
There were no public speakers.
C1. Receive City Council Calendar of Meetings for May and June 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for May and June 2023.
13 Item # C2.
May 16, 2023 Milpitas City Council Minutes Page 3
C2. Approve City Council City Council Meeting Minutes of April 25 and May 2, 2023 (Staff Contact:
Suzanne Guzzetta, City Clerk, 408-586-3001)
Approve City Council Special Meeting minutes of April 25, 2023 and Regular Meeting minutes of May 2, 2023.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.
C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Reviewed the list of items that have been requested by City Councilmembers and provided direction to staff as necessary.
C5. Consider the Recommendation from Mayor Montano for Appointments to City Commissions and Declare an Unscheduled Vacancy (Contact: Mayor Montano, 408-586-3024) (1) Received the recommendation from Mayor Montano and approved appointments to City Commissions; and (2) Declared an unscheduled vacancy on the Senior Advisory Commission and directed the City Clerk to post the notice of unscheduled vacancy.
C6. Authorize and Approve Out-of-State Travel to Columbus, OH, for Mayor Carmen Montano to Attend the United States Conference of Mayors to be Held on June 2 – 5, 2023, for a Combined Total Estimated Amount of $3,500.00 (Staff Contact: Ashwini Kantak, Acting City Manager, 408- 586-3053)
Authorized and approved out-of-state travel to Columbus, OH, for Mayor Carmen Montano to attend the United States Conference of Mayors to be held on June 2 – 5, 2023, for a combined total estimated amount of $3,500.00.
C7. Adopt a Resolution Granting Acceptance of Fire Station No. 2 Replacement, Project No. 3447, Authorizing the City Engineer to file a Notice of Completion, and Authorizing the City to Issue a Notice of Final Acceptance after the One-Year Warranty (Staff Contact: Michael Silveira, Capital Improvement Program Manager, 408-586-3303)
Adopted Resolution No. 9238 granting acceptance of Fire Station No. 2 Replacement, Project No. 3447, authorizing the City Engineer to file a Notice of Completion, and authorizing the City Engineer to issue a Notice of Final Acceptance after the one-year warranty.
C8. Adopt a Resolution Designating Project No. 4305 Street Resurfacing 2023-2024 to be Funded by SB-1 The Road Repair and Accountability Act of 2017 (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012)
Adopted Resolution No. 9239 designating Project No. 4305 Street Resurfacing 2023-2024 to be funded by SB-1 the Road Repair and Accountability Act of 2017.
C9. Adopt a Resolution Approving the Annual Engineer’s Report, Adopt a Resolution Declaring the City Council’s Intention to Levy and Collect Assessments, and Provide Notice of Public Hearing to be held on June 20, 2023 for Landscaping and Lighting Maintenance Assessment District No. 95-1 (LLMD 95-1 McCarthy Ranch) (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408- 586-3316)
14 Item # C2.
May 16, 2023 Milpitas City Council Minutes Page 4
Adopted Resolution No. 9240 approving the Annual Engineer’s Report, Adopted Resolution No. 9241 declaring the City Council’s intention to levy and collect assessments, and provided notice of public hearing to be held on June 20, 2023, for LLMD 95-1 McCarthy Ranch.
C10. Adopt a Resolution Approving the Annual Engineer’s Report, Adopt a Resolution Declaring the City Council’s Intention to Levy and Collect Assessments, and Provide Notice of the Public Hearing to be held on June 20, 2023, for Landscaping and Lighting Maintenance Assessment District No. 98-1 (LLMD 98-1 Sinclair Horizon) (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Adopted Resolution No. 9242 approving the Annual Engineer’s Report, Adopted Resolution No. 9243 declaring the City Council’s intention to levy and collect assessments, and provided notice of the Public Hearing to be held on June 20, 2023, for LLMD 98-1 Sinclair Horizon.
C11. Adopt a Resolution Granting Acceptance of Delano Manongs Park (Formerly Known as McCandless Park), Project No. 2005, 5102, 7076, Authorizing the City Engineer to File a Notice of Completion, and Authorizing the City to Issue a Notice of Final Acceptance after the One-Year Warranty (Staff Contact: Michael Silveira, Capital Improvement Program Manager, 408-586-3303) Adopted Resolution No. 9244 granting acceptance of Delano Manongs Park (formerly known as McCandless Park), Project No. 2005, 5102, 7076, authorizing the City Engineer to file a Notice of Completion, and authorizing the City Engineer to issue a Notice of Final Acceptance after the one-year warranty.
C12. FY 2022-23 3rd Quarter Financial Status Report for the Quarter Ended March 31, 2023 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Reviewed the FY 2022-23 Quarterly Financial Status Report for the quarter ended March 31, 2023.
C13. Adopt a Resolution Approving a Site Development Permit and Amending the Previously Approved Design Standards of an Existing Planned Unit Development (PUD No. 68, Countryside Estates) to Allow Development of a New One-Story Single-Family Residence on a Vacant 1.653- Acre Lot Located in the R1-H Single-Family Residential Zoning District and Hillside Combining District at 1311 Countryside Court (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Considered the exemption in accordance with CEQA and Adopted Resolution No. 9245 approving Site Development Permit No. SD21-0010 and PUD Amendment Permit No. PA21-0003, subject to the attached Conditions of Approval.
C14. Adopt a Resolution to Terminate the Water Shortage Level 2 Drought Emergency (Staff Contact:
Christian Di Renzo, Public Works Director, 408-586-2602; and Elaine Marshall, Deputy Public Works Director, 408-586-2603)
Adopted Resolution No. 9246 terminating the City’s Level 2 Water Shortage Emergency.
C15. Receive an Update on the Emergency Repairs to the HVAC System and Equipment at City Hall and at the Public Works/Information Technology/Police Department Buildings and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
(1) Received an update on the emergency repairs to the HVAC system and equipment at City Hall and at the Public Works/Information Technology/Police Department Buildings; and (2) Determined by a four-fifths vote that the condition continues to constitute an emergency. 15 Item # C2.
May 16, 2023 Milpitas City Council Minutes Page 5
C16. Approve Parks and Recreation and Community Services Programs Donation for a Memorial Bench in Honor of Dale Flunoy (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Approved the Parks and Recreation Donation for a Memorial Bench for Dale Flunoy.
C17. Approve Amendment No.1 to the Memorandum of Understanding with the MUSD for Expansion of After the Bell for the Extended Learning Opportunities Program (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Authorized the Acting City Manager to approve Amendment No.1 to the Memorandum of Understanding with the MUSD for expansion of After the Bell for the Extended Learning Opportunities Program.
C18. Consider One Fee Waiver Request and One Donation Request from Show Up and Love and Contemporary Asian Theatre Scene (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
(1) Approved a Fee Waiver of $700.00 for the Show Up & Love 1st Annual Fundraiser Cook off for Love at the Barbara Lee Senior Center Community Room on Sunday, July 16, 2023; and (2) Approved a donation of $500.00 to the Contemporary Asian Theatre Scene to help pay for the cost of renting one theatre from Century Theatres on Tuesday, May 30, 2023.
C19. Adopt a Resolution to Supersede Resolution 9145 to update City Event Celebration Flags and/or other Commemorative Flags at Cesar Chavez Plaza (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409)
Adopted Resolution No. 9247 to supersede Resolution No. 9145 updating City Event Celebration Flags and/or other Commemorative Flags at Cesar Chavez Plaza.
PUBLIC HEARINGS
20. Hear Administrative Appeal of Hearing Officer’s Decision Upholding the Police Chief’s Denial of a Massage Establishment Permit (Staff Contact: Michael Mutalipassi, City Attorney, 408-586- 3041, Christopher Creech, Assistant City Attorney, 408-586-3049) City Attorney Mutalipassi introduced the item and described the hearing procedure.
Mayor Montano opened the administrative hearing
There were the following speakers from the public.
1. Voltaire Montemayor
Attorney Johnny Nguyen for the Appellant and Assistant City Attorney Creech presented evidence to the City Council. With their reserved time of five minutes and fifty-seven seconds, Attorney Johnny Nguyen for the Appellant questioned staff and witnesses.
The attorneys for both sides provided closing remarks.
Council discussion ensued and attorneys for both the Appellant and City responded to questions from the City Council.
Councilmember Lien suggested imposing new conditions to the permit as a probation period that if the business owners violate the terms at any time in that one year period, the permit would be revoked. 16 Item # C2.
May 16, 2023 Milpitas City Council Minutes Page 6
Councilmember Phan advocated for the City to change the administrative appeal process, voicing discomfort with the City Council acting as court. He spoke in support of adding additional conditions to the permit that would require approval of the police department.
Councilmembers Barbadillo and Vice Mayor Chua questioned both the City and Appellant representatives.
Mayor Montano voiced support for upholding the previous decision.
Vice Mayor Chua noted that the one-year period to reapply provides a second chance and supported upholding the previous decision.
After discussion, motion: to uphold the previous decision. Mayor Montano seconded the motion.
Motion/Second: Vice Mayor Chua / Mayor Montano
Motion carried by the following:
AYES: Councilmembers Barbadillo, Vice Mayor Chua, and Mayor Montano NOES: Councilmembers Lien and Phan.
The City Council based upon the documentary and testimonial evidence presented, and the weight and credibility assigned thereto, by a vote of three to two voted to uphold the decision of the hearing officer affirming the decision of the Chief of Police to deny and revoke the massage establishment permit pursuant to Title III, Chapter 6 of the Milpitas Municipal Code.
COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE
21. Receive Presentation from Staff on Exploratory Storm Drain System Funding Options (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Public Works Director Di Renzo introduced the item. SEI Consulting Group Consultants Edric Kwan and Jerry Bradshaw presented the report and responded to questions from the City Council.
There were the following public speakers:
1. Voltaire Montemayor
PW Director Di Renzo responded to questions from the City Council.
There was no action taken.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Vice Mayor Chua reported on and presented pictures of the Milpitas High School Crochet Club event on May 12, 2023 visiting the Barbara Lee Senior Center.
Mayor Montano reported that the Friends of the Library had a celebration for volunteers.
ADJOURN TO CLOSED SESSION
The City Council adjourned to closed session at 10:19 PM and reconvened in open session at 11:18 PM.
Mayor Montano stated there was nothing to report.
17 Item # C2.
May 16, 2023 Milpitas City Council Minutes Page 7
ADJOURNMENT
Mayor Montano adjourned the meeting at 11:18 PM
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
18 Item # C2.
SPECIAL MEETING OF THE
MILPITAS CITY COUNCIL
May 23, 2023 Milpitas City Council Summary Page 1
M I NU TE S
TUESDAY, MAY 23, 2023
The City Council of the City of Milpitas convened in a Special Meeting of the Milpitas City Council on May 23, 2023, in the City Hall Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/ Zoom webinar.
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the meeting to order at 5:35 p.m. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Vice Mayor Chua, Councilmembers Barbadillo, Lien and Phan.
ABSENT: None.
PLEDGE OF ALLEGIANCE
Vice Mayor Chua led the pledge of allegiance.
PUBLIC FORUM
There were the following public speakers:
1. Voltaire Montemayor
ANNOUNCEMENT OF CONFLICT OF INTEREST
City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest.
READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Montano read the City Council Code of Conduct.
APPROVAL OF AGENDA
Motion: to approve the May 23, 2023 Special Meeting Agenda.
Motion/Second: Vice Mayor Chua / Councilmember Barbadillo Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None.
AGENDA ITEMS
Receive Supplemental Presentation on the FY 2023-24 Proposed City of Milpitas Operating Budget and Provide Feedback (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; Lauren Lai, Finance Director, 408-586-3111)
Acting City Manager Kantak provided opening remarks. Deputy City Manager Cano and Finance Director Lai presented the report.
19 Item # C2.
May 23, 2023 Milpitas City Council Minutes Page 2
Staff responded to questions from the City Council.
After asking questions of staff, Mayor Montano emphasized the importance of funding additional Public Works staff and suggested not moving forward with the Management Analyst position in the City Manager’s Office.
Acting City Manager Kantak noted that the position would not be funded by the General Fund.
Vice Mayor Chua voiced concerns about not funding the Building Inspector position and reclassifying a Customer Service position to Finance Manager.
Councilmember Barbadillo emphasized the importance of the budget being sustainable.
Councilmember Phan questioned the proposal to move Housing under the auspices of the Deputy City Manager and suggested that Housing would be better served moved under the Planning Department. He proposed reviewing City executive positions.
Vice Mayor Chua noted that City Management would soon change and recommended maintaining the current organizational structure. Acting City Manager Kantak responded that maintaining the current organizational structure would leave two director positions vacant and lose the savings from consolidations. She noted that if the City moves forward with a status quo budget, the current proposals will need to be taken into consideration and emphasized the need to have an adopted budget by the end of the fiscal year.
Councilmember Phan voiced support for the consolidation of Housing and Economic Development. He re- emphasized that now would be a good opportunity to reorganize the executive levels.
Mayor Montano thanked staff and reiterated her opposition to the consolidation of Housing and Economic Development. She voiced support for holding off on making organizational changes until there is a new City Manager.
Councilmember Lien noted that staff worked hard to propose a budget with savings, and supported moving forward with the budget as proposed including the consolidation of Housing and Economic Development.
Vice Mayor Chua enumerated the positions to include in a status quo budget including two Maintenance Worker IIs, upgrading a Maintenance Worker from II to III, adding one Fleet Maintenance Worker, Instrument Control Technician, Environmental Inspector, a Public Works Inspector, a Cross Connection Specialist, and one Parks and Recreation Supervisor. She suggested no changes to Information Technology but asked for a quarterly status report, agreed with the Human Resources proposal, recommended status quo for Planning and Building Safety, continue with the current status of Housing and Economic Development, in the City Manager’s office and not including the Management Analyst position.
Councilmember Phan suggested that the City Attorney’s Office remodel is a CIP discussion.
Acting City Manager Kantak asked for consensus from the City Council on the status quo recommendation.
Vice Mayor Chua and Mayor Montano both voiced support for the status quo recommendation.
Finance Director Lai reported on the numbers related to maintaining the status quo and funding additional positions.
Councilmember Phan suggested additional areas to not fund in the executive budget including the office space renovation for the City Attorney’s Office.
Councilmember Barbadillo suggested reaching a compromise and searching for additional sources to fund the proposed positions. He noted that without an alternative proposal, he would agree with the Mayor and Vice Mayor’s proposal for a status quo budget.
20 Item # C2.
May 23, 2023 Milpitas City Council Minutes Page 3
Mayor Montano stressed the importance of increasing revenues and creating revenue generators for the City.
Finance Director Lai summarized the direction from City Council:
- Maintain a status quo budget with no department consolidation. - Add three Maintenance Worker positions.
- Keep the vacant Building Inspector position.
- Direction to staff to come back with a budget to be adopted with various ways of balancing the recommended service level including cutting costs or looking at revenue opportunities. - Support to de-fund the two vacant director positions.
Councilmember Phan noted that he did not hear support for not funding the City Attorney office renovation.
Vice Mayor Chua suggested there may be alternative renovation plans for the City Attorney’s office.
Councilmember Barbadillo recommended looking at the organizational structure of the City Manager’s office.
Acting City Manager Kantak provided closing comments.
ANNOUNCEMENTS
Vice Mayor Chua asked Acting City Manager Kantak to draft a letter to County Supervisor Otto Lee to request assistance in addressing the challenges at 1000 Hillview Drive. There was consensus to move the item forward.
ADJOURN TO CLOSED SESSION
City Attorney Mutalipassi announced the closed session item.
There were the following public speakers:
1. Voltaire Montemayor
The City Council adjourned to Closed Session at 8:29 PM. (a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957
Position: City Attorney
The City Council reconvened in open session at 9:02 PM
CLOSED SESSION ANNOUNCEMENT:
Mayor Montano reported on the City Attorney’s performance evaluation and stated that it was determined that overall his performance meets expectations.
21 Item # C2.
May 23, 2023 Milpitas City Council Minutes Page 4
ADJOURNMENT
Mayor Montano adjourned the meeting at 9:02 pm.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
22 Item # C2.
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 6/2/2023
June 20, 2023 – Regular Meeting
CLOSED SESSION
Labor Relations
INVOCATION (Vice Mayor Chua)
PRESENTATION
CONSENT CALENDAR
1. Receive City Council calendar for June, July and August 2023 (City Clerk)
2. Approve City Council Meeting minutes of June 6, 2023 (City Clerk)
3. Preview list of items for August 8, 2023 (City Clerk)
4. Code Enforcement Special Assessment (City Attorney)
5. Commission Handbook and Bylaws (City Clerk / Recreation)
6. Adopt a Resolution Granting Acceptance of Public Improvements and Approve a Reduction of the Faithful Performance Bond for the Stratford School Addition and Remodel Commercial Project and Grant Authorization to the City Engineer to Release the Performance Bond after the One-year warranty period; (Engineering)
7. Approve and Authorize the City Manager to Execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Parktown Plaza Pak LLC for the Park Town Plaza Modification Project at 1400 S. Park Victoria Dr. (Engineering)
8. Authorize the City Manager to Execute the Fee Reimbursement Agreement for Transit Area Specific Public Facilities and Public Improvements at the 355 Sango Court Project by Sango Court L.P. (Engineering)
9. Approve Accounts Receivable Write-offs for the Fiscal Year Ending June 30, 2023 (Finance)
10. Sole Source Procurement of Crossing Guard Services (Police)
11. Report on Emergency HVAC Repairs (Public Works)
PUBLIC HEARING
12. Levy Assessment for LLMD 95-1 (Engineering)
13. Levy Assessment for LLMD 98-1 (Engineering)
LEADERSHIP
14. City Council Handbook Discussion
15. Council Agenda Item Request Prioritization Process (City Manager)
16. 1000 Hillview Court Report
REPORTS
23 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 Draft a letter to County Supervisor Otto Lee to
request assistance in addressing the challenges at
1000 Hillview Drive Chua 5/23/2023 Completed: Letter sent on 5/26/2023 2 Human Resources Director to conduct a job fair
specific to the job openings at City Hall Chua 5/2/2023 This item will be discussed at the next
quarterly prioritization in June 2023
3 Have City-owned parcels 2 and 3 on Main Street
apprasied Montano 4/18/2023
This item will be discussed at the next
quarterly prioritization in June 2023
4 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
5 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
6 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
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
7 City Manager to look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center Chua 9/20/2022
Discussed at February 2023 Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move forward during
Prioritization Discussion on 2/7/23.
8 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.
Survey is underway.
9 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
10 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022 Quarterly reports to City Council are ongoing.
OPEN ITEMS
ACTIVE ITEMS
NOTE: Deferred and Completed Items are not listed24
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
11 Establish a SPAR fund modelled after the City of
Mountain View - sets asides moneys for
opportunities to buy real estate Montano 6/7/2022
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. A SPAR fund is
part of the Proposed Fiscal Year 2023-2024
Operationg Budget.
12 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
13 Funding to hire a consultant for the Sunnyhills
Historical Designation on a state level Tran 6/7/2022
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.
14 Explore the policy for locking mechanisms on
shopping carts for large commercial businesses Tran 4/19/2022 MMC V‐13‐140 Mandatory Plan to Prevent
Cart Removal includes requirement for
physical measures to prevent cart removal
however V‐13‐120 provides an exemption for
cart owner that agrees to enter into a contract
with a City‐designated retrieval service. Staff
suggestion to Council is to review this
exemption and repeal it which would require
all cart owners to have physical measures to
prevent cart removal. Business outreach was
conducted to grocery store operators in Q2 of
2022 to inquire about shopping cart removal
and theft. Grocery stores contacted were
Ocean Supermarket, Seafood City
Supermarket, Chung Chou City, Milpitas
Grocery Outlet, and 99 Ranch Market.
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022
NOTE: Deferred and Completed Items are not listed25
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
15 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking
areas Chua 4/5/2022
CAO conducting legal review of policies
requring businesses to hire security/install
cameras; Discussed at Spring Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move forward during
Summer Quarterly City Council Workplan
Items Prioritization Discussion on 9/06/2022
16 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.
17 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
18 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 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.
19 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.
20 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
NOTE: Deferred and Completed Items are not listed26
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
21 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
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
22 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
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.
23 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
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.
24 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.
25 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.
26 Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan 2/16/2021
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.
NOTE: Deferred and Completed Items are not listed27
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
27 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.
28 Consider Community Museum and Park on Main St. Phan 8/20/2019 to Rules Subcommittee 8/23/2019. Moved to
Specific Plan Community Conversation
events.
NOTE: Deferred and Completed Items are not listed28
Item # C4.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Accept the Report for Key 2022 Approved State Laws Impacting Municipal Operations and an Update on 2023 State and Federal Earmark Requests (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 6/6/2023
Recommendation: Accept the report for Key 2022 Approved State Laws impacting municipal operations and the 2023 State and Federal Legislative Earmark requests.
BACKGROUND:
On May 18, 2021, the City Council approved the Legislative Advocacy Policy Guiding Principles. The Policy establishes clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government and provides guidance for City officials who serve on regional, state, and national boards, committees, and commissions when they are asked to review public policy matters and issues.
On September 6, 2022, the Mayor and City Council directed staff to issue a request for proposals for Federal and State legislative advocacy services. In January 2023, the City contracted with Kiley & Associates for these services, the primary areas of focus for this contract include:
Tracking pending legislation and issues that could be impactful or important to the City; Advocating or opposing legislation that significantly impacts the City; and Engaging with State and Federal agencies to expedite reimbursement for expenditures, clarify administrative rulings, advocate for funding requests, etc..
Kiley & Associates specializes in advocacy at the Federal level, and they have partnered with the firm of Gonsalves & Sons to provide the City with specific advocacy and expertise at the State level.
During calendar year 2022, the City took formal positions on eighteen bills that were heard at the State level.
The status of each of these bills along with the potential impact is included in the analysis section of this agenda report.
On April 10, 2023 (Attachment 1), an informational memorandum was published that summarized the status of one time funding or “earmark” requests that the City has made to State and Federal representatives in calendar year 2023. An update on the status of these requests is included in the analysis section of this agenda report.
ANALYSIS:
Legislation and issues of interest are brought to the City’s attention through several means: League of California Cities, National League of Cities, Cities Association of Santa Clara County, Councilmembers, legislators, City staff, community members, the City’s legislative advocacy consultant, and professional or governmental organizations. Per the Council Policy, all legislation or issues of interest are referred to the City Manager’s Office.
According to the 2022 League of California Cities Legislative Report, lawmakers introduced over 2,100 bills, and Cal Cities tracked and engaged on 1,430 bills representing about two-thirds (61%) of all bills introduced.
Of the 2,145 bills introduced, both chambers of the legislature approved 1,148 bills and the Governor signed 997 bills, or 86%, into law. However, only a fraction of these new laws directly affect municipal operations. 29 Item # C5.
2022 Legislative Advocacy Summary:
Consistent with the Legislative Advocacy Policy Guiding Principles, the City submitted 18 legislative advocacy letters supporting or opposing legislation. A summary of the outcomes of these bills is provided in the below table. Of the 10 bills that the City supported, 7 were chaptered and 3 were either “dead or vetoed”. Of the 8 bills that the City opposed, 6 were chaptered and 2 are “dead or vetoed”. Ultimately 9 of the 18 bills were consistent with the preferred direction of the City.
Position Chaptered Dead or Vetoed Total
Support 7 3 10
Opposed 6 2 8
Total 13 5 18
Attachment 2 highlights key legislation grouped by City Service Areas (CSA), for bills upon which the City took official positions in 2022, or were referred to the City as impactful bills through our legislative consultants or other methods. Potential impacts to City operations and any courses of action that have been, or will need to be, taken is also summarized in the attachment.
State and Federal Earmark Funding requests
As indicated in the April 10, 2023 informational memorandum (Attachment 1), the City received $5.5 million in earmark funding in 2022 as follows:
1. Carbon Neutral Homes Incentive Program ($3 million from Representative Ro Khanna’s office);
2. Homelessness Prevention and Unhoused Services ($1.5 million from Assemblymember Alex Lee’s office);
3. Bike Lanes Facility Enhancement Project ($1 million from Assemblymember Alex Lee’s office)
Staff submitted additional funding requests in 2023 for various projects. The table below provides a description of each project or program along with a current status of the funding requests. Staff expected to hear on the final status of these funding requests by Fall 2023.
Project or
Program
Description Status
Main Street
Lighting
project
A key shovel ready priority project in this area for the City to continue spurring economic development is the Main Street lighting project. This project consists of design and construction of street lights and signal improvements along Main Street from Carlo to Great Mall Parkway and is estimated at $7.8 million. The project will be built in three phases. Design is completed for the first phase (Carlo to Corning) and the construction is estimated at $2.4 million. The City requested support for the construction funding ($2.4 million) for this first phase of the project.
Representative Ro Khanna has
submitted a request for Federal
funding for this project and
Assemblymember Alex Lee has
submitted a State request for
funding for this project.
Milpitas
SMART
In alignment with the City of Milpitas’s adopted Climate Action Plan (Milpitas-CAP-Final-Addm.pdf), this program is an app-based local transit service that provides convenient, affordable and on-demand connection for residents, visitors and businesses in Milpitas. Further information can be found here: https://www.milpitas.gov/smart.
No funding requests were
submitted by State or Federal
representatives for this project
Milpitas
Urban
Search and
Rescue
In 2000, the Milpitas Fire Department acquired a heavy rescue apparatus (USAR-86). The primary mission of a heavy rescue apparatus is to provide the Fire Department with a multifunction apparatus that has the ability to carry and rapidly deploy, the thousands of pounds of heavy rescue equipment required to manage the myriad of Special Operations and Technical Rescue Incidents that an urban “all hazards” fire department can be expected to respond to. The current equipment is at the end of its useful life. The City has allocated nearly $400,000 for this equipment. The City requested support for all or a portion of the remaining funding ($1.2 million) necessary to purchase the new equipment.
Senator Alex Padilla has
submitted a Federal funding
request for this project
Milpitas
Public
In alignment with the City of Milpitas’ adopted Climate Action Plan, the Public Safety Microgrid Project installs a combined solar-microgrid-battery system at the facility that houses the City’s Police Station, 911 Call Center, Both Senators Dianne Feinstein
and Alex Padilla has submitted a
30 Item # C5.
Safety
Microgrid
Public Works and Information Technology Departments. This will ensure that these facilities can function during power shutdowns/outages and reduce Green House Gas emissions on a daily basis. The City requested support for all or a portion of the $3.1 million necessary for implementation of this project.
Federal funding request for this
project
Cardoza
Park Softball
Fields
The Milpitas North Valley Police Athletic League Softball League, formerly known as Milpitas North Valley Bobby Sox, has offered inclusive softball activities for 400 Milpitas youth annually for 24 years focusing on giving young girls in our community the confidence and leadership skills to succeed in life, while also being active and healthy using the fundamentals of athletics. For most of the program’s life, it was held at the Russell Middle School Bobby Sox fields, owned by the Milpitas Unified School District (MUSD). In 2021, MUSD started to renovate the Russell Middle School fields for multi-use play with a track, soccer field, and small softball field. To support the continuation of softball league activities, the City temporarily transitioned the PAL Softball Program to Dixon Landing Park Sports fields.
Aside from the youth players and their families, thousands of interleague players and spectators stretching from San Lorenzo to the Central Valley, visit Milpitas for team play, scrimmages, and tournaments.
No funding requests were
submitted by State or Federal
representatives for this project
FISCAL IMPACT:
Any fiscal impact will be identified when the implementation of a particular legislation requires Council approval or funding.
California Environmental Quality Act (CEQA):
By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.
RECOMMENDATION:
Accept the Report for Key 2021 Approved State Laws Impacting Municipal Operations
Attachment(s):
Attachment 1 – April 10, 2023 Info Memo
Attachment 2 – 2022 Legislative Bill Summary
31 Item # C5.
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
Office of the City Manager
DAT
E: April 10 , 2023
TO
: Mayor and Council
T
HROUGH: Ashwini Kantak, Acting City Manager
F
ROM: Matt Cano, Deputy City Manager
S
UBJECT: 2023 Federal and State Funding Requests
This Information Memorandum provides the Mayor and City Council with a summary of requests that staff has made to the City of Milpitas’ Federal and State elected representatives for one-time project funding as part of the current Federal and State budget process.
B
ackground
A
s part of the Federal and State Government’s annual budget processes, the City of Milpitas’ elected Federal and State representatives often initiate a request for “Community Projects.” This process allows cities such as Milpitas to request one-time funding for projects and/or programs outside of the normal grant-seeking process. Last year, the City of Milpitas received funding through this process for the following projects and programs:
• C
arbon Neutral Homes Incentive Program ($3 million from Representative Ro Khanna’s Office) • Homelessness Prevention and Unhoused Services ($1.5M from Assemblymember Alex Lee) • Bike Lanes Facility Enhancement Project ($1 million from Assemblymember Alex Lee) I
n February and March 2023, Senator Alex Padilla, Senator Dianne Feinstein, and Representative Ro Khanna issued a request for projects. Each of the federally elected officials provided the City of Milpitas with a different due date for submittals, ranging from March 3rd (Padilla) to March 17th (Khanna). At the State level, it is still unclear as to whether there will be a “call for projects” this year given the State budget deficit. However, as described further below, staff and our consultants have provided a project priority list to Senator Aisha Wahab and Assemblymember Alex Lee’s offices in case State funding does become available.
A
nalysis
S
taff was provided with a very tight turnaround time to submit requests. Given this tight timeline, staff reviewed and consulted the following resources in order to determine the projects that could have the best opportunity to receive funding:
- R
eview of the City Council Adopted 2023-2027 Capital Improvement program to identify City Council approved projects with insufficient funding, with a focus on construction projects that are “
shovel ready;”
- Review of prior City Council priority workplan items and direction; - Review of underfunded projects or programs which the City has invested in that are in need of additional funding;
- Consultation with the City of Milpitas’ Federal and State legislative advocacy consultants; Attachment 1 - April 10, 2023 Info Memo
32 Item # C5.
2023 Federal and State Funding Requests Page 2 of 3
April 10, 2023
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 - Phone calls with staff members of elected officials;
- Review of the guidelines sent by the elected officials regarding projects eligible to receive funding.
After a careful review of the potential projects and programs combined with feedback from the staff members of elected officials and the City’s legislative advocacy consultants, staff has submitted the following projects to our elected officials for consideration.
1. Main Street Lighting Project: The Milpitas Gateway-Main Street Specific Plan will shape the continued transformation of an auto-oriented area to a vibrant, mixed-use, and more pedestrian- oriented community that includes housing, retail, entertainment, commercial and park spaces, and a safe and attractive pedestrian and bicycle network. Further planning information can be found here: https://www.milpitasmainstreet.org. A key shovel ready priority project in this area for the City to continue spurring economic development is the Main Street lighting project. This project consists of design and construction of streetlights and signal improvements along Main Street from Carlo to Great Mall Parkway and is estimated at $7.8 million. The project will be built in three phases. Design is completed for the first phase (Carlo to Corning) and the construction is estimated at $2.4 million. The City requested support for the construction funding ($2.4 million) for this first phase of the project.
2. Milpitas SMART: In alignment with the City of Milpitas’s adopted Climate Action Plan (Milpitas- CAP-Final-Addm.pdf), this program is an app-bas ed local transit service that provides convenient, affordable and on-demand connections to the Great Mall, City Hall, Milpitas Transit Center and VTA light rail stops. Further information can be found here: https://www.milpitas.gov/smart.
Current funding allows operations through calendar year 2023. Additional funding of up to $1.6 million would enable an extension of this program and allow time to develop a sustainable funding model for this ongoing program.
3. Milpitas Urban Search & Rescue: In 2000, the Milpitas Fire Department acquired a heavy rescue apparatus (USAR-86). The primary mission of a heavy rescue apparatus is to provide the Fire Department with a multifunction apparatus that has the ability to carry and rapidly deploy, the thousands of pounds of heavy rescue equipment required to manage the myriad of Special Operations and Technical Rescue Incidents that an urban “all hazards” fire department can be expected to respond to. The current equipment is at the end of its useful life. The City has allocated nearly $400,000 for this equipment. The City requested support for all or a portion of the remaining funding ($1.2 million) necessary to purchase the new equipment.
4. Milpitas Public Safety Microgrid: In alignment with the City of Milpitas’ adopted Climate Action Plan, the Public Safety Microgrid Project installs a combined solar-microgrid-battery system at the facility that houses the City’s Police Station, 911 Call Center, Public Works, and Information Technology Departments. This will ensure that these facilities can function during power shutdowns/outages and reduce Green House Gas emissions on a daily basis. The City requested support for all or a portion of the $3.1 million necessary for implementation of this project.
5. Cardoza Park Softball Fields: The Milpitas North Valley Police Athletic League Softball League, formerly known as Milpitas North Valley Bobby Sox, has offered inclusive softball activities for 400 Milpitas youth annually for 24 years focusing on giving young girls in our community the confidence and leadership skills to succeed in life, while also being active and healthy using the fundamentals of athletics. For most of the program’s life, it was held at the Russell Middle School Bobby Sox fields, owned by the Milpitas Unified School District (MUSD). In 2021, MUSD started to renovate the Russell Middle School fields for multi-use play with a track, soccer field, and small 33 Item # C5.
2023 Federal and State Funding Requests Page 3 of 3
April 10, 2023
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 softball field. To support the continuation of softball league activities, the City temporarily transitioned the PAL Softball Program to Dixon Landing Park Sports fields. Aside from the youth players and their families, thousands of interleague players and spectators stretching from San Lorenzo to the Central Valley, visit Milpitas for team play, scrimmages, and tournaments.
In December 2021, the City Council approved the City’s Parks Master Plan, which provides for four softball fields to ensure a permanent home for Milpitas softball activities. As part of the FY 2023-2027 Capital Improvement Program, the City Council has allocated $800,000 towards project design.
Remaining costs are estimated at $7 million. The City requested support for all or a portion of the estimated remaining cost.
Based upon consultation with the staff members of some of the elected officials as well as the City of Milpitas’ Federal and State advocacy consultants, not all projects were submitted to every elected official.
The below table provides a summary of which projects or programs were submitted to each elected official for consideration of funding:
Project or
Program
United States
Senator
Dianne
Feinstein
United States
Senator Alex
Padilla
United States
Representative Ro
Khanna
State Senator Aisha
Wahab and State
Assemblymember
Alex Lee
Main Street
Lighting project
X X
Milpitas SMART X X
Milpitas Urban
Search and
Rescue
X X X X
Milpitas Public
Safety Microgrid
X X X X
Cardoza Park
Softball Fields
X
Next Steps
The timeline for decisions on these funding allocations is unknown at this time. Staff will keep the Mayor and City Council informed of any significant progress.
34 Item # C5.
Attachment 2
2022 Legislation Summary
Number Title Description City 2022
Position Bill Status City Policy Area City Direct Services Impact and Action Plan 1 SB 1127 (Atkins):
Workers'
Compensation:
Liability
Presumptions.
Would fundamentally alter longstanding rules and timeframes for determining eligibility for workers’ compensation claims and would increase systemic friction and litigation. This measure would also impose massive new penalties on employers.
Oppose Chaptered 5. Protect and
Increase Local
Funding, No
Unfunded
Mandates
The largest direct impact to the City is the increase in compensated wage replacement for cancer related
workers compensation claims from 104 weeks to 240
weeks. This increase is for Fire and Police personnel
only. The City contracts with a third party
administrator (TPA) for processing and analysis of
workers compensation claims. The City's TPA
tracked, monitored, and has implemented this new
guidance in their administration of the City's
Worker's Compensation Plan.
2 AB 2449: Open
meetings: local
agencies:
teleconferences
Current law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act generally requires posting an agenda at least 72 hours before a regular meeting that contains a brief general description of each item of business to be transacted or discussed at the meeting, and prohibits any action or discussion from being undertaken on any item not appearing on the posted agenda. This bill would revise and recast those teleconferencing provisions and, until January 1, 2026, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements that each teleconference location be identified in the notice and agenda and that each teleconference location be accessible to the public if at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the local agency’s jurisdiction. none Chaptered Not relevant as no
position was taken
The City has already implemented plans to comply
with the requirements of AB 2449. The City Clerk
tracks Councilmember requests to participate
pursuant to these provisions, and, with the City
Attorney, reports results to the City Council.
3 SB 1100: Open
meetings: orderly
conduct.
Current law authorizes the members of the legislative body conducting the meeting to order the meeting room cleared and continue in session, as prescribed, if a group or groups have willfully interrupted the orderly conduct of a meeting and order cannot be restored by the removal of individuals who are willfully interrupting the meeting. This bill would authorize the presiding member of the legislative body conducting a meeting or their designee to remove, or cause the removal of, an individual for disrupting the meeting. The bill, except as provided, would require removal to be preceded by a warning to the individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to cease their behavior may result in their removal. The bill would authorize the presiding member or their designee to then remove the individual if the individual does not promptly cease their disruptive behavior. The bill would define “disrupting” for this purpose. none Chaptered Not relevant as no
position was taken
Language should be incorporated into the agenda
template, and the Council Handbook if needed,
providing notice that disruptive attendees may be
removed from the meeting. The presiding officer
should be familiar with provisions of this chapter or
they may designate someone to act on their behalf.
The act is silent on who may be designated leaving it
open for the presiding officer to designate existing
staff that may already be in attendance at the
meeting.
Leadership and Strategic Support
35 Item # C5.
Attachment 2
2022 Legislation Summary
Number Title Description City 2022
Position Bill Status City Policy Area City Direct Services Impact and Action Plan 4 AB 2181: Santa Clara
Valley Transportation
Authority
Would, on or after July 1, 2023, revise the membership of the board of directors to instead consist of two representatives of the county who are community members and appointed by the president of the board of supervisors with board of supervisors approval, five representatives of the other cities in the county, including at least two community members and two council members or mayors of those cities, elected through a ranked choice voting process by the city council of those cities, as specified
Oppose Dead 1. Protect Local
Control
Not applicable as bill was not approved
5 Campaign
contributions: agency
officers.
The Political Reform Act of 1974 prohibits an officer of an agency from accepting, soliciting, or directing a contribution of more than $250 from any party, participant, or a party or participant’s agent, while a proceeding involving a license, permit, or other entitlement for use is pending before the agency and for 3 months following the date a final decision is rendered in the proceeding, if the officer knows or has reasons to know that the participant has financial interest, as defined. The act also prohibits a party, participant, or participant’s agent from making a contribution of more than $250 to an officer of the agency during the proceeding and 3 months following the date a final decision is rendered. The act defines “agency” for these purposes to mean any state or local government agency, except certain entities, including local government agencies whose members are directly elected by the voters. This bill would remove the exception for local government agencies, thereby subjecting them to the prohibition described above. The bill would extend the prohibition on contributions from 3 to 12 months following the date a final decision is rendered in the proceeding. The bill would permit an officer who does not willfully and knowingly accept, solicit, or direct a prohibited contribution to cure the violation by returning it. The bill would require the party to a proceeding to disclose whether the party or the party’s agent has made a contribution of more than $250 in the 12 months before the proceeding.
none Chaptered Not relevant as no
position was taken
There is existing procedure to enforce SB 1439 in City
Council meetings requiring the Mayor and
Councilmembers to self report any contributions that
would subject them to the provisions of this act in
open session.
6 AB 1985: Organic
Waste: Recovered
Organic Waste
Product Procurement
Targets: List of
Available Products.
Would assist local governments implementing the state's organic waste diversion targets by: 1) phasing in over two years the SB 1383 procurement requirements, 2) adding clarity to what projects and products count towards the procurement requirements, and 3) allow local jurisdictions to use organic waste processed out of state for the purposes of meeting procurement targets.
Support Chaptered 8. Promote
Livability and
Environmental
Stewardship
Funding has been allocated into the Proposed Fiscal
Year 2023-2024 Budget to provide technical
consulting support for procurement strategy
devleopment
7 AB 2440: Responsible
Battery Recycling Act
of 2022.
Would require producers of batteries and battery-embedded products to establish a stewardship program for the collection, transportation, recycling, and the safe and proper management of batteries or battery-embedded products in California.
Support Chaptered 8. Promote
Livability and
Environmental
Stewardship
Staff will monitor the development of the stewadship
program and, when available, will include
information on collection locations on City website.
8 AB 2208: Fluorescent
Lamps: Sale and
Distribution:
Prohibition.
Would prohibit, on or after January 1, 2024, a screw or bayonet base type compact fluorescent lamp, as defined, and, on and after January 1, 2025, a pin-base type compact fluorescent lamp or a linear fluorescent lamp, as defined, from being offered for final sale, sold at final sale, or distributed in this state as a new manufactured product with certain medically necessary lamps exempted.
Support Chaptered 8. Promote
Livability and
Environmental
Stewardship
No impact on City. All City Facility lighting has been
converted to LED.
Commuity Services and Sustainable Infrastructure
36 Item # C5.
Attachment 2
2022 Legislation Summary
Number Title Description City 2022
Position Bill Status City Policy Area City Direct Services Impact and Action Plan 9 SB 1046: Solid Waste:
Pre-Checkout Bags.
Would prohibit, on or after January 1, 2025, a store, as defined, by providing a precheckout bag to a customer if the bag is not either a compostable bag or a recycled paper bag.
Support Chaptered 8. Promote
Livability and
Environmental
Stewardship
Staff will coordnate with countywide messaging and
education as these new requirements take effect Jan
1, 2025.
10 SB 1215: Electronic
Waste Recycling Act
of 2003: Covered
Battery-Embedded
Products.
(1) Would expand the definition of “covered electronic device” to include a “covered battery-embedded product,” as defined, thereby expanding the scope of the act to include all covered battery-embedded products, as provided. (2) Would require a consumer, on or after January 1, 2026, to pay a covered battery-embedded waste recycling fee.
Support Chaptered 8. Promote
Livability and
Environmental
Stewardship
No impact on City. Will be implemented on a
statewide level by CalRecycle and Department of
Toxic Substances Control.
11 SB 54: Solid waste:
reporting, packaging,
and plastic food
service ware
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act requires disposal facility operators to submit information to the department on the disposal tonnages that are disposed of at the disposal facility, and requires solid waste handlers and transfer station operators to provide information to disposal facility operators for purposes of that requirement. The act requires recycling and composting operations and facilities to submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities or specified entities. This bill would provide that these reporting requirements do not apply to materials that are used by facilities defined as end users pursuant to the regulations adopted by the department or that are otherwise exempt pursuant to those regulations.
none Chaptered Not relevant as no
position was taken
No impact on City. Will be implemented on a
statewide level by CalRecycle.
12 SB 619: Organic
waste: reduction
regulations: local
jurisdiction
compliance
Current law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to achieve, among other things, a reduction in the statewide emissions of methane by 40%. Current law requires the methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics. Current law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve those targets for reducing organic waste in landfills, and authorizes those regulations to require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction, to authorize local jurisdictions to impose penalties on generators for noncompliance, and to include penalties to be imposed by the department for noncompliance. This bill would authorize a local jurisdiction facing continuing violations that commence during the 2022 calendar year of those regulations to submit to the department no later than March 1, 2022, a notification of intent to comply, as prescribed.
none Chaptered Not relevant as no
position was taken
The City did not submit a Notice of Intent to Comply
[with SB 1383] to CalRecycle per the March 1, 2022
deadline. The City is complying with almost all SB
1383 requirements and making good faith efforts on
the procurement requirements. There was no benefit
to submitting the Notice of Intent to Comply.
37 Item # C5.
Attachment 2
2022 Legislation Summary
Number Title Description City 2022
Position Bill Status City Policy Area City Direct Services Impact and Action Plan 13 AB 2784: Solid Waste:
Thermoform Plastic
Containers:
Postconsumer
Thermoform Recycled
Plastic.
(1) Would require, effective January 1, 2025, that the total thermoform plastic containers sold or imported by a producer on average, contain specified amounts of postconsumer thermoform recycled plastic per year and no less than 20% to 30% postconsumer recycled plastic per year on and after July 1, 2030, based on certain conditions. (2) Would also exempt from these requirements, as specified, thermoform plastic containers used to package dairy products under certain conditions.
Support Vetoed 8. Promote
Livability and
Environmental
Stewardship
Not applicable as bill was not approved
14 SB 1256: Waste
Management:
Disposable Propane
Cylinders.
Would, on or after January 1, 2028, prohibit the sale or offer of disposable propane cylinders.
Support Vetoed 8. Promote
Livability and
Environmental
Stewardship
Not applicable as bill was not approved
15 SB 1087: Vehicles:
Catalytic Converters.
Would limit who can legally sell and purchase a detached catalytic converter and would make a violation of this law an infraction punishable with a fine between $1,000 to $5,000.
Support Chaptered 2. Support Efforts
to Keep Milpitas
Safe
Impact to staff is unclear. Who will be responsible for enforcement is unclear. Theoretically the law will
reduce catalytic converter thefts by requiring more
accountability for auto shops
16 AB 1740: Catalytic
Converters
Would require a core recycler to include additional information in the written record, including the year, make, and model of the vehicle from which the catalytic converter was removed and a copy of the title of the vehicle from which the catalytic converter was removed.
Support Chaptered 2. Support Efforts
to Keep Milpitas
Safe
Impact to staff is unclear. Who will be responsible for enforcement is unclear. Theoretically the law will
reduce catalytic converter thefts by requiring more
accountability.
17 AB 1613: Theft:
jurisdiction.
Would establish the jurisdiction of a criminal action brought by the Attorney General for theft, organized retail theft, or receipt of stolen property as including the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense. The bill would also, if multiple offenses of theft or other specified crimes all involving the same defendant or defendants and the same merchandise, or the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, establish that any of those jurisdictions is a proper jurisdiction for all of the offenses. The bill would extend jurisdiction to all associated offenses connected together in their commission to the underlying theft offenses.
none Chaptered Not relevant as no
position was taken
No significant imact to City services. Allows for more
criminal culpability and accountability related to ORT
18 SB 100: Law
Enforcement
Agencies: Radio
Communications.
Would require law enforcement agencies to, by no later than January 1, 2024, ensure public access to the radio communications of that agency.
Oppose Dead 2. Support Efforts
to Keep Milpitas
Safe
Not applicable as bill was not approved
19 AB 2407: Vehicle
Tampering: Theft of
Catalytic Converters
(1) Would require a core recycler to report the information collected to the chief of police or the sheriff, as prescribed, and to request to receive theft alert notifications regarding the theft of catalytic converters from a specified theft alert system. (2) Would require a core recycler to obtain the thumbprint of a seller of a catalytic converter and to preserve the thumbprint for a period of two years, except as specified.
Support Dead 2. Support Efforts
to Keep Milpitas
Safe
Not applicable as bill was not approved
Public Safety
Community Development
38 Item # C5.
Attachment 2
2022 Legislation Summary
Number Title Description City 2022
Position Bill Status City Policy Area City Direct Services Impact and Action Plan 20 AB 916: Accessory
Dwelling Units.
(1) Would require cities to increase the height maximum of ADUs from 16 to 18 feet on all parcels and to 25 feet for multifamily or single-family parcel located within a half mile of transit. (2) Would add a provision which sets a minimum height requirement of 25 feet for ADUs that are attached to a primary single-family residence.
Oppose Chaptered 1. Protect Local
Control
The City Council adopted an Urgency Ordinance on
December 6, 2022, to ensure consistency between
the City's ADU regulations and State ADU law.
21 AB 2011: Affordable
Housing and High
Road Jobs Act of
2022.
Would require nearly all cities to ministerially approve, without condition or discretion, certain affordable and mixed-use housing developments in areas of a city where office, retail, or parking are principally allowed regardless of any inconsistency with a local government’s general plan, specific plan, zoning ordinance, or regulation.
Oppose Chaptered 1. Protect Local
Control
The City has not received any applications for new
development under AB2011. A comprehensive
Zoning Ordinance update is currently underway and
will address requirements of new legislation.
22 AB 2097: Residential
and Commercial
Development: Parking
Requirements.
Would prohibit a local government from imposing or enforcing a minimum automobile parking requirement on specified residential, commercial, or other developments, if the development is located on a parcel within one-half mile of public transit.
Oppose Chaptered 1. Protect Local
Control
The City has not received any applications for new
development under AB2097. A comprehensive
Zoning Update is currently underway and will address
requirements of new legislation.
23 SB 6: Local Planning:
Housing Commercial
Zones.
Would create a new process allowing residential development on certain commercial and industrial sites, including allowing qualifying projects to use the streamlined application procedures of Senate Bill 35 (Wiener, 2017).
Oppose Chaptered 1. Protect Local
Control
The City has not received any applications for new
development under SB6. The City would use the
same process used for SB35 projects.
24 SB 897: Accessory
Dwelling Units.
Would require cities to allow ADUs to be constructed with a height of up to 25 feet, within one half mile of a major transit stop or high-quality bus corridor and permit constructed ADUs that are in violation of state building standards and in violation of local zoning requirements.
Oppose Chaptered 1. Protect Local
Control
The City Council adopted an Urgency Ordinance on
December 6, 2022, to ensure consistency between
the City's ADU regulations and State ADU law.
25 AB 2221: Accessory
dwelling units.
Current law requires a local ordinance to require an accessory dwelling unit to be either attached to, or located within, the proposed or existing primary dwelling, as specified, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. This bill would specify that an accessory dwelling unit that is detached from the proposed or existing primary dwelling may include a detached garage.
none Chaptered Not relevant as no
position was taken
The City Council adopted an Urgency Ordinance on
December 6, 2022, to ensure consistency between
the City's ADU regulations and State ADU law.
26 SB 1186: Medicinal
Cannabis Patients’
Right of Access Act
Would enact the Medicinal Cannabis Patients’ Right of Access Act, which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill, on and after January 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law.
none Chaptered Not relevant as no
position was taken
Ord. 298 (adopted by Council on 1/5/2019) states
that to the fullest extent allowed by State law, the
ban on commercial cannabis uses also prohibits the
operation of a cannabis delivery service to customers
in the City of Milpitas, including those deliveries
originating from a physical location outside of the
City. AB 1186 will likely force the City to allow for
cannabis delivery companies outside the City limits to
delivery to Milpitas customers. Staff will review the
municipal code and return to the City Council at a
later date with any potential changes to the
Municipal Code resulting from AB 1186.
39 Item # C5.
Attachment 2
2022 Legislation Summary
Number Title Description City 2022
Position Bill Status City Policy Area City Direct Services Impact and Action Plan 27 SB 1338: Community
Assistance, Recovery,
and Empowerment
(CARE) Court Program
Would, contingent upon the State Department of Health Care Services developing an allocation to provide financial assistance to counties, enact the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. The bill would require the Counties of Glenn, Orange, Riverside, San Diego, Stanislaus, and Tuolumne and the City and County of San Francisco to implement the program commencing October 1, 2023, and the remaining counties to commence no later than December 1, 2024. The bill would require the Judicial Council to develop a mandatory form for use in filing a CARE process petition and would specify the process by which the petition is filed and reviewed, including requiring the petition to be signed under penalty of perjury, and to contain specified information, including the facts that support the petitioner’s assertion that the respondent meets the CARE criteria.
none Chaptered Not relevant as no
position was taken
While this has no direct service level impact on the
City, it could be helpful in managing the City's
unhoused population by providing another tool to
assist residents in need of care.
40 Item # C5.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: American Rescue Plan Act (ARPA) Workforce Development Program Funding (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046; and Margaret Tamisiea, Senior Special Projects Associate, 408-586-3047) Category: Consent Calendar-Community Development
Meeting Date: 6/6/2022
Recommendation: Approve American Rescue Plan Act (ARPA) Workforce Development grant for Milpitas Unified School District’s Adult Education Career Training Center to support workforce development programming and education services in the amount of $30,000.00.
BACKGROUND:
The COVID-19 pandemic and resulting economic recession have dramatically reshaped Milpitas’ economy and workforce. Business closures and associated layoffs caused by the COVID-19 pandemic forced the City of Milpitas to take a more proactive role to rebuild and develop a vibrant local economy.
The City Council expressed a desire to assist the Milpitas community with a workforce development initiative to be funded through the American Rescue Plan Act (ARPA), as part of the Economic Vitality Investment Framework with the goals of rebuilding the local economy and helping residents return to the workforce or improve skillsets to move into career ladder employment opportunities. In addition, the City Council agreed to explore funding to support pathways for careers. The City Council approved the ARPA Economic Vitality Investment Framework and directed staff to return to City Council with program details for consideration with an appropriation amount of $300,000 to be deployed for workforce development initiatives and programs over two years, and in two tranches of $150,000 each. The first tranche of funding included:
$40,000 for Milpitas Youth Force, a community service program for low-income youth which consisted of salaries and wrap-around services.
$50,000 for Evergreen Valley College to implement the Cloud Practitioner Program for cloud computing initiatives.
$40,000 for First 5 Santa Clara County to support an early education teacher apprenticeship program. $20,000 divided between Rising Sun Center for Opportunity and Build It Green, both community- based organizations to implement a green building certification training program and climate careers externships.
The Evergreen Valley College Cloud Practitioner Program did not proceed due to key college staff changes, and thus only $100,000 was utilized from the initial funding tranche. On February 21, 2023, the City Council approved $70,000 for Milpitas Youth Force for summer 2023 based on the success of the summer 2022 program. Of the remaining $130,000 for workforce development programs, staff recommends granting $30,000 to the Milpitas Unified School District (MUSD) Adult School for their Career Training Center.
ANALYSIS:
Based on City Council direction, staff has identified suitable programs to achieve the City Council’s objectives to facilitate workforce development recovery through ARPA grants to beneficiaries that are working to address the negative economic impacts from COVID-19. Staff has identified a beneficiary that is providing workforce programs and career pathways to assist Milpitas residents that have been negatively impacted by COVID-1. 41 Item # C6.
Milpitas Unified School District Adult Education
Milpitas Adult Education has been serving the community since 1954 as a public school for adults. Currently, Milpitas Adult Education is the only adult school serving the Milpitas community. The school’s curriculum is aligned with state-mandated standards for adult schools.
The Adult Education School provides instructional programs and services at the Career Training Center for those reentering the workforce. The center serves as a pathway to provide ongoing learning opportunities for adults and focuses on educational courses that will lead to sustainable future employment. The Career Training Center is expected to be a part of MUSD’s Innovation Campus and programming will commence in August 2023.
The Career Training Center will offer 4-week workshops, training sessions, and open labs that include:
1. Resume Writing
2. Financial Literacy
3. Open Computer Lab (typing lab/typing test/Servsafe testing)
4. Microsoft Word and Google Documents Training
5. Business Fundamentals Workshop
6. Career Focused Workshops
7. Transition Specialist Services (30 min appointment slots)
The program focuses on:
1. Connecting students and community members with resource access to receive job placement assistance and job development workshops.
2. Providing links to adult education teachers to deliver upskilling, retooling, and career and job search.
3. Placement services and resources to enable students (who are Milpitas residents) to reach their individual potential and employment goals.
Milpitas Adult Education’s Career Training Center has aligned its curriculum with current occupations and job skills identified in the NOVAWorks presentation to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Advisory Committee on Employment by Occupation, which took place on February 27, 2023. The following are occupations identified and addressed at the Career Training Center:
1. Computer Occupations
2. Retail Sales Workers
3. Food and Beverages Serving Workers
4. Information and Record Clerks
5. Secretaries and Administrative Assistants
6. Preschool, Elementary, Middle, Secondary and Special Education Paraprofessionals
7. Other Office and Administrative Support Workers
8. Cooks and other food preparation and serving related workers
The approximate number of people receiving services is projected at 180 people per 4-week session. This translates to a total of 720 people for a 16-week period (not considering duplicate enrollment and assuming that all services are attended at full capacity and attendance).
These ARPA workforce development programs complement the Office of Economic Development’s Workforce Development and Education Strategy under the May 5, 2020, adopted Economic Development Strategy, which outlines broader trends, opportunities, and concerns around the future of the local workforce, with an emphasis on building skills and opportunities for Milpitas residents.
Staff recommends investing $30,000 of the ARPA funds to support the Career Training Center. The center’s programs will serve underrepresented Milpitas residents. For additional information, see Attachment A.
42 Item # C6.
Staff will return to the City Council over the next few months with recommendations for allocating the remaining $100,000 of the ARPA Workforce Development funding.
FISCAL IMPACT:
The ARPA Workforce Development programs are fully funded under the City Council’s ARPA Economic Vitality Investment Framework. The City Council approved the ARPA Economic Vitality Investment Framework and allocated a total of $300,000 for workforce development programs. The first tranche of funding has been dispersed. The second tranche will be dispersed in 2023. The staff recommendation for this Agenda Report is to grant a total of $30,000 to the Milpitas Unified School District (MUSD) Adult School for their Career Training Center.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action being considered has no potential for causing a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
RECOMMENDATION:
Approve American Rescue Plan Act (ARPA) Workforce Development grant for Milpitas Unified School District’s Adult Education Career Training Center to support workforce development programming and education services in the amount of $30,000.
Attachment:
A. Milpitas Unified School District’s Adult Education Career Training Center Proposal
43 Item # C6.
MUSD Milpitas Adult Education City of Milpitas Workforce Development ARPA Proposal 1 Attachment A
MILPITAS UNIFIED SCHOOL DISTRICT
Adult Education Programs
I Introduction
Milpitas Adult Education has been serving the community since it was established in 1954 as a public school for adults. Currently, Milpitas Adult Education is the only adult school serving the city of Milpitas as part of the city’s unified school district. As such, our curriculum is aligned to state-mandated standards for adult schools.
We are also proud to be a Western Association of Schools and Colleges accredited school.
The COVID-19 health crisis has impacted our community with uncertainty and unemployment. Since 1982, with the closure of the Ford Motor Company plant, Milpitas Adult Education has responded to the needs of displaced workers by providing upskilling services.
We propose to continue expanding these services through a permanent Career Training Center which will reside and operate on the premises of Milpitas Adult Education. We are currently offering many of these services in a shared space. We are excited to bring this to the Milpitas Innovation Campus in August of 2023.
The City of Milpitas ARPA funds directed to authorize five Investment Areas including diverse programs to directly help the residents and businesses. The Office of Economic Development and Workforce Development is focused on various programming categories that include at-risk youth, youth and adult, green/sustainable jobs, childcare workforce and to partner with the unhoused population on community beautification.
II The Proposal
Career Training Center
This center is designed to deliver instructional and resource services as an equitable and flexible response for those reentering the workforce. Milpitas Adult Education views this extraordinary opportunity as a pathway to endless learning opportunities and a priority on connecting education to sustainable future employment.
The program will provide instructional services and resources, including
1. 4-week sessions will have a variety of workshops/training sessions or open labs:
a. Resume Writing
b. Financial Literacy
c. Open computer lab (typing lab/typing test/Servsafe testing) d. Microsoft Word/Google Docs Training
e. Business Fundamentals Workshop
f. Career Focused Workshops
g. Transition Specialist services (30 min appointment slots)
44 Item # C6.
MUSD Milpitas Adult Education City of Milpitas Workforce Development ARPA Proposal 2 Assuming full capacity, the total approximate number of people receiving services is projected at 180 people per 4-week session. This translates to a total of 720 people per 16-week period (not taking into account duplicate enrollment and assuming that all services are attended at full capacity and attendance).
2. Connect students and community members with resource access to receive job placement assistance and job development workshops; and
3. Provide links to adult education teachers to deliver upskilling, retooling and career and job search
4. Placement services and ensure that City of Milpitas resources enable students to reach their individual potential and employment goals.
The program will be an outreach linkage to the community of underserved and underrepresented Milpitas residents, including the immigrant population, attending schools in our region.
Milpitas Adult Education’s proposed Career Training Center will serve the above stated target population and has aligned its curriculum with current occupations and job skills identified in the NOVAWorks presentation to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Advisory Committee on Employment by Occupation. The following are occupations identified and addressed in our proposed Career Training Center:
1. Computer Occupations
2. Retail Sales Workers
3. Food and Beverages Serving Workers
4. Information and Record Clerks
5. Secretaries and Administrative Assistants
6. Preschool, Elementary, Middle, Secondary and Special Education Paraprofessionals
7. Other Office and Administrative Support Workers
8. Cooks and other food preparation and serving related workers
The Career Training Center will provide Job-ready skills a. Computer skills (keyboarding, basic desktop navigation) b. Preparation for typing certification for employment
c. Microsoft tools and Google tools for the workplace
d. Communication skills (email and verbal)
e. Resume-writing and cover letter preparation workshops; resume review, interview preparation f. Job search skills; career interest planning
g. Business Fundamentals including workplace math, reading, and writing skills h. Financial literacy
i. Parenting
j. Bi-annual workshops in Small Business skills
k. Bi-annual workshops in Personal Management and life skills for success.
See the Career Training Center offering here.
45 Item # C6.
MUSD Milpitas Adult Education City of Milpitas Workforce Development ARPA Proposal 3 About the Services
These services will be provided at a dedicated center on MAE premises, equipped with state-of-the-art instructional technology.
A sample schedule can be viewed here: MAE Career Training Center Sample Calendar 2023
Measurable Project Outcomes
The measurable outcome goals for each learner will be determined by their own skills and personalized plan.
The monthly IPL (individual personalized plan) can be assessed in any of the following multiple measures:
1) Individual academic and career goal setting
2) Retention and persistence rate/students
3) Telling the story and displaying selected work recognizing student achievement/goals 4) Presentations for outside sources like cc., apprenticeships, guest speakers, motivational speakers. 5) Participation in Reentry job training
6) Students transitioning to dually enrolled programs in community colleges 7) Number of students obtaining job interviews
8) Job placements.
9) Job Fair in October of 2023
MAE’s history of successful Job Fair September 2021 and October 2022.
Marketing the Career Training Center
MAE has an active presence in the Milpitas community. Our marketing program includes social media via Facebook, Milpitas Chat, Instagram, the SBCAE (South Bay Consortium for Adult Education) as well as leaning on community CBOs to share information.
The measurable outcome goals for each learner will be determined by their own skills and personalized plan.
The monthly IPL (individual personalized plan) can be assessed in any of the following multiple measures:
10) Individual academic and career goal setting
11) Retention and persistence rate/students
12) Telling the story and displaying selected work recognizing student achievement/goals 13) Presentations for outside sources like cc., apprenticeships, guest speakers, motivational speakers. 14) Participation in Reentry job training
15) Students transitioning to dually enrolled programs in community colleges 16) Number of students obtaining job interviews
17) Job placements.
Looking ahead and plans for future services:
In the future, MAE envisions the Career Training Center as the single location that encompasses education, 46 Item # C6.
MUSD Milpitas Adult Education City of Milpitas Workforce Development ARPA Proposal 4 hands on computer lab experiences and a childcare center facility. Milpitas residents have identified childcare as one of their major barriers. Having a childcare center on site will allow job seekers to have the peace of mind that their children are in a safe location while they learn.
Budget Proposal for 1 school year (10 months)
Career Center Facilitator $11,000.00
Clerical Support Staff $ 5,000.00
Desktop Computers plus hardware for installation; loaded With MSOffice Software (5 units)
Typing software such as Mavis Beacon, Typesy $ 5,900.00
Career Training Center – supplies including $ 5,000.00 certification paper, resume paper, copy paper,
printer/copy machine, toner cartridges, pens/pencils,
file folders, labels, headphones, dry erase markers
Workshop training materials $ 3,000.00
TOTAL $30,000.00
Milpitas Adult Education’s in-kind contributions for the Career Training Center Include: Volunteers from our Adult Ed classes
Volunteers for onboarding applicants
Adult Ed volunteers to translate in other languages
Adult Ed facility use
Custodial support covered from Adult Ed budget
One-time $25.00 application program participation (waived) CalWORKs funds for eligible students
47 Item # C6.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Granting Acceptance of Delano Manongs Park Sports Field (Formerly known as McCandless Park Sports Field), Project No. 5102, Authorizing the City Engineer to File a Notice of Completion, and Authorize the City to Issue a Notice of Final Acceptance after the One-Year Warranty (Staff Contact: Michael Silveira, Capital Improvement Program Manager, 408-586-3303) Category: Consent Calendar-Community Development
Meeting Date: 6/6/2023
Recommendation: Adopt a resolution granting acceptance of Delano Manongs Park Sports Field (formerly known as McCandless Park Sports Field), Project No. 5102 authorizing the City Engineer to file a Notice of Completion, and authorizing the City Engineer to issue a Notice of Final Acceptance after the one-year warranty.
Background:
On June 7, 2022, the City Council awarded a construction contract to Marina Landscape Inc. for the Delano Manongs Park Sports Field (formerly known as McCandless Park Sports Field), Project No. 5102 (“Project”) in the amount of $594,000.00. The Project is part of the new 4-acre City park on McCandless Drive adjacent to the Mabel Mattos Elementary School. It provides for the construction of a sports field jointly used by the City and Milpitas Unified School District. On April 18, 2023, the City Council approved the name of “Delano Manongs” for the park as recommended by the Ad Hoc City Council Naming Subcommittee.
The Park is planned to be constructed in three phases where, on May 16, 2023, City Council accepted the improvements of the first phase including play areas, community garden, butterfly garden, picnic areas, small dog play area, pathways, restrooms and maintenance facilities, irrigation and landscaping, and potable water well and park utility infrastructure. The second phase is the construction of joint use sports field including the installation of natural grass, sports field lightings, chain link fences, storm drain improvements, and landscaping and irrigation which is now complete. Phase 3 will construct the large dog play area after installation of the potable water well above ground facilities. The anticipated start date for construction of phase 3 2024.
Analysis:
The Project, Phase 2 of the Park, was completed within budget, however experienced several schedule delays primarily as a result of COVID-19 and construction supply chain impacts. Phase 1 of the park opened in May 2023 and Phase 2 of the park is scheduled to open in early June 2023. Staff recommends that City Council adopt a Resolution (Attachment 1) granting acceptance of the Project and authorizing the City Engineer to file a Notice of Completion in accordance with the provisions of Section 9204 of the Civil Code. Staff also recommends the City Council authorize the City Engineer to issue a notice of final acceptance after the one- year warranty period without further City Council action, provided that all warranty work is completed to the satisfaction of the City Engineer.
Policy Alternative:
Alternative: Do not adopt Resolution and deny Project acceptance, deny filling a notice of completion and not begin the one-year warranty.
Pros: None
48 Item # C7.
Cons: A denial would result in the City being unable to commence the one-year warranty, release the retention to the Contractor and release any funds remaining back into the Project budget.
Reason not Recommended: Denial would result in the City being unable to close out the Project and release any funds remaining back into the Project budget.
Fiscal Impact:
No additional funding is requested for Phase 2 of the park as the project is now complete. Public Works Department budget for maintenance and operations of this project will be considered during the annual budget development.
California Environmental Quality Act:
In accordance with California Environmental Quality Act Guidelines Section 15164, an Addendum to the June 3, 2008 Transit Area Specific Plan Environmental Impact Report to address minor changes and additions was created and adopted by the City Council on February 4, 2020.
Recommendations:
Adopt a resolution granting acceptance of Delano Manongs Park Sports Field (formerly known as McCandless Park Sports Field), Project No. 5102 authorizing the City Engineer to file a Notice of Completion, and authorizing the City Engineer to issue a Notice of Final Acceptance after the one-year warranty.
Attachments:
Attachment 1: Resolution
49 Item # C7.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS GRANTING
ACCEPTANCE OF DELANO MANONGS PARK SPORTS FIELD (FORMERLY KNOWN AS MCCANDLESS PARK SPORTS FIELD), PROJECT NO. 5102
WHEREAS, the City of Milpitas has heretofore entered into a contract with Marina Landscape Inc, for Delano Manongs Park Sports Field (formerly known as McCandless Park Sports Field), Project No. 5102, in the amount of $ 594,000.00 (“Project”), and the City Engineer of the City of Milpitas has recommended acceptance of said improvement as completed in accordance with plans, specifications and approved change orders and correction lists, and in accordance with the final inspection of said City Engineer.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the pub lic, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City of Milpitas does hereby accept said improvement as completed on this 6th day of June, 202 3, and does hereby authorize and direct the City Engineer of the City of Milpitas to file a Notice of Completion in accordance with the provisions of Section 9204 of the Civil Code of the State of California, and does hereby authorize and direct the City Engineer to file a Certificate of Completion in accordance with the provisions of Section 4005 of the Government Code of the State of California, if said work was by day’s labor or force account.
3. The City Council authorizes the City Engineer to issue the Notice of Final Acceptance after the one -year warranty period without further City Council action, provided all required warranty repairs are completed to the satisfaction of the City Engineer; and nothing herein contained shall in any way be deemed to be a waiver, release or relinquishment by City of any obligations imposed upon the contractor or its surety, or sureties, by law or by the above -referenced improvement contract, save and except those obligations specifically mentioned herein.
PASSED AND ADOPTED this _________ day of ________, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
50 Item # C7.
2 Resolution No. ____
ATTEST: APPROVED:
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
Michael Mutalipassi, City Attorney
51 Item # C7.
3 Resolution No. ____
Recording Requested by and
When Recorded Mail to:
City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035
Attention: City Clerk
Record without fee under
Section 6103 - Government Code
State of California
CITY OF MILPITAS
NOTICE OF COMPLETION
(Civil Code Section 9204)
NOTICE IS HEREBY GIVEN:
1. On or about June 7, 2022, the City Council of the City of Milpitas, a municipal corporation of the State of California, whose address is City Hall, 455 East Calaveras Boulevard, Milpitas, California, 95035 (as owner) entered into a contract for work of: Delano Manongs Park Sports Field (formerly known as McCandless Park Sports Field), Project No. 5102.
2. A description of the site of which the City is co -owner for said work of improvement is: 1650 McCandless Drive in the City of Milpitas, Santa Clara County, California, more particu larly described on the plans.
3. The name and address of the direct contractor is: Marina Landscape Inc, 3707 W. Garden Grove Blvd, Orange, CA 92868.
4. A general statement of the kind of work done or materials furnished to the City is as follows: The Project provides for installation of natural grass, sports field lightings, chain link fences, storm drain improvements, and landscaping and irrigation.
5. Said work of improvement was accepted by the Milpitas City Council as complete on ________, 2023.
************************************************************************************* I, the undersigned, declare that I am the City Engineer of the City of Milpitas and am authorized to execute the foregoing Notice of Completion and this Verification thereof. I have read the foregoing Notice of Completion. I declare under penalty of perjury that the foregoing Notice of Completion is true and correct. Executed on ________, 2023 at Milpitas, California.
__________________________________
Matt Cano, Deputy City Manager/Interim City
Engineer, City of Milpitas
_____________________________________________________________________________________ NOTE: RECORD WITHIN 15 DAYS OF ACCEPTANCE WITH COUNTY RECORDER OF
SANTA CLARA COUNTY
52 Item # C7.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to Joseph J Albanese, Inc for Street Resurfacing 2023 Project No. 4283, 4303, 4304; and Approve Budget Change Form (Staff Contact:
Matt Cano, Deputy City Manager 408-586-3012)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 6/6/2023
Recommendation: Adopt a resolution to approve project plans & specifications; award the construction contract to the lowest responsible, and responsive bidder, Joseph J.
Albanese Inc, in the amount of $2,899,299.75 for the Street Resurfacing Project No. 4283, 4303, 4304; Authorize the City Manager to execute the construction contract with Joseph J. Albanese Inc; Authorize the Engineering Director/City Engineer to negotiate and execute Contract Change Order(s) in an aggregate amount not to exceed $434,894.96 for the project; and Approve the Budget Change Form to appropriate funding for CP 4303 and CP 4304.
BACKGROUND:
Project No. 4283, 4303, 4304, Street Resurfacing Project 2023 is in the City Council approved 2023-2027 Capital Improvement Program. The Project provides for the design and construction of localized repair of asphalt concrete pavement, resurface asphalt concrete pavement, install Americans with Disabilities Act (ADA) compliant curb ramps, repair damaged concrete sidewalk, driveways, or curb & gutter, install class II bike lanes, and reinstall pavement delineation.
Project No’s. 4283, 4303, 4304 provided funding for the design of the 2024 Street Resurfacing Project, and the Plans and Specifications for construction are complete and now ready for City Council approval. The following streets are included in the Street Resurfacing 2023 Project and will receive pavement and concrete repairs during the Spring/Summer 2023 construction season:
N Park Victoria Drive from Bolton Drive to Jacklin Road, Kennedy Drive from N. Park Victoria Drive to Fanyon Street, Mt Shasta Avenue from Dempsey Road to S Park Victoria Drive the entire lengths of:
o Bolton Drive, Churchill Drive, Wellington Drive, Stratford Drive, Devon Place, Sussex Place, Kirkwall Place, Stirling Drive, London Drive, Hastings Drive, Inverness Drive, Berkshire Place, Baron Place, Wessex Place, Canterbury Place, Cardiff Place, Ann Place, Princess Place, Hampton Court, Carson Way, El Camion Higuera, Zamora Court, Nicklaus Avenue, Berg Court, Ranklin Drive, Creed Street, Selwyn Drive, Shirley Drive, and Edsel Drive
The Engineer’s Construction Estimate for the project was approximately $3,138,226.88, and the Project Plan title sheet (Attachment 1) is included in the Council’s agenda packet. The complete full-size set of plans and specifications are available for review in the office of the City Engineer.
ANALYSIS:
The City has a Pavement Condition Index (PCI) rating of 70, “Good Condition”. The project streets are selected based on the recommendations from the Metropolitan Transportation Commission (MTC) Pavement Management Program to maintain and improve the overall city pavement condition. The project was advertised on May 5, 2023 and May 12, 2023 in the Milpitas Post and on digital construction trade publications. Bid opening was on May 23, 2023 and 5 sealed bid proposals were received. The basis for awarding contract is on the Total Base Bid. 53
Item # C8.
The lowest responsible and responsive bidder based on Total Base Bid is Joseph J. Albanese, Inc, in the amount of $2,899,299.75.
No bid protests were filed with the City in regard to this project.
The City Engineer’s Estimate for the Project was approximately $3,138,226.88 and the following is a tabulation of bidders and bids received. The bid result tabulation is included as (Attachment 3).
Bidder Base Bid
Joseph J. Albanese, Inc $2,899,299.75
DeSilva Gates Construction $2,966,966.00
Radius Earthwork Inc $3,187,700.00
Roadway Construction $3,287,287.00
O’Grady Paving Inc $3,667,847.00
Total Bid pricing received varies between 7% under and 17% over the Engineer’s Estimate. The range of variation in bid pricing from the Engineer’s Estimate is likely due to the current construction market where contractors are hungry for work due to recovery from the pandemic.
The Contractor, Joseph J. Albanese, Inc, is deemed the lowest responsible and responsive bidder. Staff recommends City Council adopt a Resolution (Attachment 2) to award a construction contract for a total contract amount of $2,899,299.75.
Staff recommends a construction contingency amount of $434,894.96 (15%) of the awarded contract amount.
The construction contingency will allow for a timely completion of the Project, while addressing the need to respond swiftly to construction conditions and approve necessary change orders in order to limit potential claims or risks to the City. Staff also recommends authorizing the Engineering Director/City Engineer to negotiate and execute any contract change orders in an aggregate amount not to exceed $434,894.96. The change order authority will not exceed this amount, and the Project would not require additional appropriation.
Budget Change
California State Bill 1 Road Maintenance and Rehabilitation Account (SB1 RMRA) Funding SB1 RMRA was signed into law in April 2017 to address statewide transportation infrastructure maintenance funding shortfalls. The distribution of SB1 RMRA funds to local jurisdictions for road maintenance is based on a population formula. The City received an increase in the allocated amount for California State Bill 1 Road Maintenance and Rehabilitation Account (SB1 RMRA) funds, and staff requests budget appropriation of these funds for projects.
The currently adopted fiscal year 2021-2022 SB1 funding for CP4303 is $1,567,170. The actual SB1 funding received for fiscal year 2021-2022 was $1,557,259.63 with interest accrued of $17,634.53. There was also interest accrued in fiscal year 2019-2020 in the amount of $29,551.96 that was not appropriated but could be used for projects. Staff is requesting a budget appropriation of $37,276.12 in SB1 funding of CP4303 to account for the ($9,910.37) difference in projected allocation compared to the actual allocation received, and the $47,186.49 interest accrued to CP 4303 to capture all available funding for project expenditures. The current SB1 funding estimate for fiscal year 2022-2023 is $1,778,739 while the adopted budget is $1,444,414.
Staff is requesting a budget appropriation of $334,325 to CP4304 to capture all eligible expenditures that may be used towards these funds.
The approval of a Budget Change (Attachment 4) amending the budgets for Project No.’s 4303 and 4304 to match the SB1 allocations received is recommended. The alignment of Project budgets showing the actual grant funding received is required for use of the funding and in order to qualify all Project expenditures for reimbursement.
54 Item # C8.
The following is a summary of the requested Budget Appropriations for the Project:
Project No. 4303
Current Adopted
Budget
Proposed Budget
Increase/(Decrease)
Proposed Budget Total
SB1 RMRA $1,567,170 $37,276.12 $1,604,446.12
Measure B $1,877,344 - $1,877,344
Vehicle Registration
Fee
$764,432 - $764,432
Gas Tax $91,054 - $91,054
Total $4,300,000 $37,276.12 $4,337,276.12
Project No. 4304
Current Adopted
Budget
Proposed Budget
Increase/(Decrease)
Proposed Budget Total
SB1 RMRA $1,444,414 $334,325 $1,778,739
Measure B $1,677,560 - $1,677,560
Vehicle Registration
Fee
$500,000 - $500,000
Gas Tax $378,026 - $378,026
Total $4,000,000 $334,325 $4,334,325
POLICY ALTERNATIVE(S):
Alternative 1:
Deny approval of project plans and specifications, award of the construction contract, of the requested budget change
Pros: None.
Cons: A denial would cause delay in awarding this Project and in completing the needed annual repairs and rehabilitation of the City’s roadways.
Reason for Not Recommending: A delay in the award this construction contract will delay project completion, prolong construction activities into rainy season and may potentially results in higher total construction cost, and loss of grant funding.
FISCAL IMPACT:
Adequate funds are available in the budgets for Project No.’s 4283, 4303, and 4304 to construct this project, and no additional funding is required. The approval of a Budget Change (Attachment 4) amending the budgets for Project No.’s 4303 and 4304 to match the SB1 allocations received is recommended. The alignment of Project budgets showing the actual grant funding received is required for use of the funding and in order to qualify all Project expenditures for reimbursement.
Available funding for the Project upon approval of attached budget change and resolution:
Project No. 4283 $236,724
Project No. 4303 $1,478,051.88
Project No. 4304 $ 3,919,325.00
Total Balance Available $5,634,100.88
Summary of Estimated Construction Cost:
Joseph J. Albanese, Inc $2,899,299.75
20% Contingency $434,894.96
Total $3,334,194.71
California Environmental Quality Act (CEQA):
The project is exempt under Section 15301 (Existing Facilities) of the CEQA guidelines. A Notice of Exemption (NOE) was filed with the County of Santa Clara on January 31,2023. 55 Item # C8.
RECOMMENDATION:
Adopt a resolution to:
1. Approve Project Plans and Specifications;
2. Award the Construction Contract to the Lowest Responsible, and Responsive Bidder, Joseph J.
Albanese Inc, in the amount of $2,899,299.75 for the Street Resurfacing 2023 Project, Project No. 4283, 4303, and 4304
3. Authorize the City Manager to Execute the Construction Contract with Joseph J. Albanese Inc.
4. Authorize the Engineering Director/City Engineer to Negotiate and Execute Contract Change Order(s) in an Aggregate Amount Not to Exceed $434,894.96 for the project.
5. Approve the Budget Change Form to Appropriate Funding for CP 4303 and 4304.
Attachment(s):
Attachment 1 – Project Plan Title Sheet
Attachment 2 – Resolution
Attachment 3 – Bid Tabulation
Attachment 4 – Budget Change Form
Attachment 5 – Construction Change Order Policy
56 Item # C8.
Revisions
STREET RESURFACING 2023
PROJECT NO. 4283, 4303, 4304
Record Drawings
4304
CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I
INCORPORATED
ITAS
LMI P
1-12-2023
1 .WORK ON DEMPSEY WAY AND DEMPSEY ROAD IS NOT PART OF THE PROJECT *DENOTES MODIFICATION ON PLANSHEET
*
*
*
*
*
*
*
*
57 Item # C8.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING THE
PROJECT PLANS AND SPECIFICATIONS, AWARDING THE CONSTRUCTION CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, JOSEPH J. ALBANESE, INC, IN THE AMOUNT OF $2,899,299.75 FOR THE STREET RESURFACING PROJECT 2023, CITY PROJECT NO. 4283, 4303 & 4304; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT WITH JOSEPH J. ALBANESE, INC;
AUTHORIZING THE ENGINEERING DIRECTOR/CITY ENGINEER TO NEGOTIATE AND
EXECUTE CONTRACT CHANGE ORDER(S) IN AN AGGREGATE AMOUNT NOT TO EXCEED $434,894.96 FOR THE PROJECT; AND APPROVE THE BUDGET CHANGE FORM TO APPROPRIATE FUNDING FOR CP 4303 AND 4304
WHEREAS, Street Resurfacing Project 2023, City Project No. 4283, 4303, 4304 (collectively referred to herein as the “Project”) , which will include localized repair of asphalt concrete pavement, resurface asphalt concrete pavement, install ADA compliant curb ramps, repair damaged concrete sidewalk, repair curb & gutter, install new class II bike lanes, and reinstall pavement delineation,:
N Park Victoria Drive from Bolton Drive to Jacklin Road, Kennedy Drive from N. Park Victoria Drive to Fanyon Street, and Mt Shasta Avenue from Dempsey Road to S Park Victoria Drive
the entirety of: Bolton Drive, Churchill Drive, Wellington Drive, Stratford Drive, Devon Place, Sussex Place, Kirkwall Place, Stirling Drive, London Drive, Hastings Drive, Inverness Drive, Berkshire Place, Baron Place, Wessex Place, Canterbury Place, Cardiff Place, Ann Place, Princess Place, Hampton Court, Carson Way, El Camion Higuera, Zamora Court, Nicklaus Avenue, Berg Court, Ranklin Drive, Creed Street, Selwyn Drive, Shirley Drive, and Edsel Drive
WHEREAS, the Engineer’s Estimate for the base bid Project work is $3,138,226.88; and
WHEREAS, on May 23, 2023, 5 sealed bid proposals were received. The bid pricing ranged from $2,899,299.75 to $3,667,847.00. The lowest responsible bidder submitting a responsive bid is Joseph J.
Albanese, Inc, in the amount of $2,899,299.75; and
WHEREAS, no bid protest was filed with the City within five (5) days of the bid opening as set forth in the Project specifications; and
WHEREAS, sufficient funds to award the Project are available in the Project budget; and
WHEREAS, staff recommends the City Council approve the project plans and specifications; and
WHEREAS, staff recommends the City Council award a construction contract to Joseph J.
Albanese, Inc, the lowest responsible and responsive bidder for the Project, and authorize the City Manager to execute a contract in the amount of $2,899,299.75 for the Street Resurfacing Project 2023, Project No. 4283, 4303 & 4304; and
WHEREAS, staff recommends the City Council authorize the Director of Engineering/City Engineer to negotiate and execute change order(s) in an amount not to exceed $434,894.96, fifteen percent (15%) of the total contract value , due to the Project’s tight completion schedule and staff’s capability to respond swiftly to unanticipated construction conditions to limit potential claims or risk to the City; and 58 Item # C8.
2 Resolution No. ____
WHEREAS, staff recommends the City Council approve the budget change form to appropriate funding for CP 4303 and 4304.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council hereby approves the projects plans and specifications.
3. The City Council hereby awards the construction contract to and authorizes the City Manager to execute the contract and related docume nts with the lowest responsible and responsive bidder, Joseph J. Albanese, Inc , in the amount of 2,899,299.75 for the Street Resurfacing Project 2023, City Project No. 4283, 4303 & 4304.
4. The City Manager is hereby authorized to execute the construction contract with Joseph J.
Albanese, Inc for the Project.
5. The Director of Engineering/City Engineer is hereby authorized to negotiate and execute contract change order(s) in an aggregate amount not to exceed $434,894.96 for the Project.
6. The City Council hereby approves the budget change form to appropriate funding for CP 4303 & 4304.
PASSED AND ADOPTED this ____ day of June, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_____________________________
Michael Mutalipassi, City Attorney
59 Item # C8.
Lowest Apparrent
TOTALS
ITEM NO ITEM DESCRIPTION UNIT TOTAL
QUANTITY Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization (10% Maximum) LS 1 235,000.00$ 235,000.00$ 290,000.00$ 290,000.00$ 177,716.64$ 177,716.64$ 328,000.00$ 328,000.00$ 250,000.00$ 250,000.00$ 2 Neighborhood Notification LS 1 25,000.00$ 25,000.00$ 10,000.00$ 10,000.00$ 12,000.00$ 12,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 3 Traffic Control LS 1 275,000.00$ 275,000.00$ 330,365.00$ 330,365.00$ 135,000.00$ 135,000.00$ 256,905.00$ 256,905.00$ 350,000.00$ 350,000.00$ 4 Monument Referencing (incl. Pre-Construction and Post Construction) LS 1 105,000.00$ 105,000.00$ 80,000.00$ 80,000.00$ 105,000.00$ 105,000.00$ 15,000.00$ 15,000.00$ 30,000.00$ 30,000.00$ 5 Water Pollution Control Program (WPCP) LS 1 15,000.00$ 15,000.00$ 20,000.00$ 20,000.00$ 12,000.00$ 12,000.00$ 5,000.00$ 5,000.00$ 10,000.00$ 10,000.00$ 6 Hot Mix Asphalt TON 2,145 131.00$ 280,995.00$ 180.00$ 386,100.00$ 159.00$ 341,055.00$ 170.00$ 364,650.00$ 350.00$ 750,750.00$ 7 Hot Mix Asphalt (Speed Hump) SF 804 11.00$ 8,844.00$ 10.00$ 8,040.00$ 22.89$ 18,403.56$ 20.00$ 16,080.00$ 20.00$ 16,080.00$ 8 Microsurfacing SY 98,300 3.75$ 368,625.00$ 3.60$ 353,880.00$ 4.00$ 393,200.00$ 4.00$ 393,200.00$ 4.60$ 452,180.00$ 9 Base Repair (3" Thick) (Includes 10% Contingency) SF 47,796 4.50$ 215,082.00$ 4.50$ 215,082.00$ 7.20$ 344,131.20$ 8.00$ 382,368.00$ 7.00$ 334,572.00$ 10 Recompact Aggregate Base SF 93,600 0.25$ 23,400.00$ 0.20$ 18,720.00$ 0.40$ 37,440.00$ 0.30$ 28,080.00$ 0.25$ 23,400.00$ 11 Asphalt Concrete Grinding (2") SY 3,500 5.55$ 19,425.00$ 7.00$ 24,500.00$ 7.30$ 25,550.00$ 11.00$ 38,500.00$ 10.00$ 35,000.00$ 12 Asphalt Concrete Grinding (2.5") SY 5,800 7.00$ 40,600.00$ 8.00$ 46,400.00$ 8.50$ 49,300.00$ 13.00$ 75,400.00$ 12.00$ 69,600.00$ 13 Asphalt Concrete Grinding (3") SY 4,600 8.00$ 36,800.00$ 9.00$ 41,400.00$ 9.95$ 45,770.00$ 15.00$ 69,000.00$ 15.00$ 69,000.00$ 14 Install Curb Ramp (Case A, C, CH, and Custom) EA 83 7,600.00$ 630,800.00$ 6,500.00$ 539,500.00$ 7,418.00$ 615,694.00$ 8,000.00$ 664,000.00$ 7,500.00$ 622,500.00$ 15 Curb & Gutter Removal and Replacement (Beyond Ramp Limits) LF 304 105.00$ 31,920.00$ 95.00$ 28,880.00$ 109.25$ 33,212.00$ 120.00$ 36,480.00$ 100.00$ 30,400.00$ 16 Sidewalk Removal and Replacement SF 1,367 24.00$ 32,808.00$ 22.00$ 30,074.00$ 29.00$ 39,643.00$ 25.00$ 34,175.00$ 25.00$ 34,175.00$ 17 Driveway Removal and Replacement SF 1,399 33.00$ 46,167.00$ 30.00$ 41,970.00$ 39.00$ 54,561.00$ 33.00$ 46,167.00$ 35.00$ 48,965.00$ 18 Park Strip Removal and Replacement SF 2,487 24.00$ 59,688.00$ 22.00$ 54,714.00$ 26.50$ 65,905.50$ 25.00$ 62,175.00$ 25.00$ 62,175.00$ 19 Adjust Valve Cover to Grade EA 53 1,000.00$ 53,000.00$ 1,200.00$ 63,600.00$ 800.00$ 42,400.00$ 1,000.00$ 53,000.00$ 1,000.00$ 53,000.00$ 20 Adjust Manhole to Grade EA 30 1,450.00$ 43,500.00$ 1,500.00$ 45,000.00$ 1,350.00$ 40,500.00$ 1,200.00$ 36,000.00$ 1,200.00$ 36,000.00$ 21 Utility Cover Replacement EA 14 325.00$ 4,550.00$ 300.00$ 4,200.00$ 350.00$ 4,900.00$ 1,000.00$ 14,000.00$ 1,000.00$ 14,000.00$ 22 Manhole Pavement Repair EA 8 1,450.00$ 11,600.00$ 1,800.00$ 14,400.00$ 650.00$ 5,200.00$ 1,500.00$ 12,000.00$ 1,500.00$ 12,000.00$ 23 Traffic Line (Detail 1) LF 1,322 2.50$ 3,305.00$ 2.00$ 2,644.00$ 4.40$ 5,816.80$ 3.00$ 3,966.00$ 3.00$ 3,966.00$ 24 Traffic Line (Detail 8) LF 302 2.50$ 755.00$ 2.00$ 604.00$ 4.40$ 1,328.80$ 3.00$ 906.00$ 3.00$ 906.00$ 25 Traffic Line (Detail 21) LF 7,453 4.50$ 33,538.50$ 4.00$ 29,812.00$ 7.70$ 57,388.10$ 5.00$ 37,265.00$ 5.00$ 37,265.00$ 26 Not Used LF - -$ -$ -$ -$ -$ -$ -$ -$ -$ 27 Traffic Line (Detail 38A) LF 405 4.00$ 1,620.00$ 3.00$ 1,215.00$ 4.40$ 1,782.00$ 3.00$ 1,215.00$ 4.00$ 1,620.00$ 28 Traffic Line (Detail 39) LF 14,766 2.75$ 40,606.50$ 3.00$ 44,298.00$ 4.40$ 64,970.40$ 3.00$ 44,298.00$ 3.00$ 44,298.00$ 29 Traffic Line (Detail 39A) LF 3,323 2.75$ 9,138.25$ 3.00$ 9,969.00$ 4.40$ 14,621.20$ 3.00$ 9,969.00$ 3.00$ 9,969.00$ 30 Pavement Marking (White) SF 7,892 11.00$ 86,812.00$ 10.00$ 78,920.00$ 18.70$ 147,580.40$ 11.00$ 86,812.00$ 11.00$ 86,812.00$ 31 Pavement Marking (Yellow) SF 1,527 11.00$ 16,797.00$ 10.00$ 15,270.00$ 18.70$ 28,554.90$ 11.00$ 16,797.00$ 11.00$ 16,797.00$ 32 Pavement Marking (Green) SF 6,788 15.00$ 101,820.00$ 14.00$ 95,032.00$ 29.70$ 201,603.60$ 15.00$ 101,820.00$ 16.00$ 108,608.00$ 33 Paint Curb LF 1,597 6.50$ 10,380.50$ 6.00$ 9,582.00$ 7.70$ 12,296.90$ 7.00$ 11,179.00$ 7.00$ 11,179.00$ 34 Blue Reflective Raised Pavement Marker EA 57 39.00$ 2,223.00$ 35.00$ 1,995.00$ 50.00$ 2,850.00$ 40.00$ 2,280.00$ 40.00$ 2,280.00$ 35 Roadside Sign and Post EA 26 575.00$ 14,950.00$ 550.00$ 14,300.00$ 1,200.00$ 31,200.00$ 600.00$ 15,600.00$ 600.00$ 15,600.00$ 36 Roadside Sign EA 5 330.00$ 1,650.00$ 300.00$ 1,500.00$ 825.00$ 4,125.00$ 400.00$ 2,000.00$ 350.00$ 1,750.00$ 37 Portable Changeable Message Signs EA 6 2,150.00$ 12,900.00$ 2,500.00$ 15,000.00$ 2,500.00$ 15,000.00$ 3,000.00$ 18,000.00$ 3,000.00$ 18,000.00$ Cunha Survey
Pavement Engineering
Total Traffic Control
ABSL Construction
Graham Contractors Graham
Jalos Construction Precision Eng Rosas
Sierra Traffic Marking Chrisp Chrisp
Northwest Paving Graham Contractors Graham
Radius Earthwork Roadway Construction O'Grady Paving Inc 2,966,966.00$ 3,187,700.00$ 3,287,287.00$ 3,667,847.00$ DeSilva Gates Construction
CITY OF MILPITAS STREET RESURFACING 2023
CITY PROJECT NO. 4283 & 4303 & 4304
Bid Results from 05/23/2023 Bid Opening @ 2:00pm
BID ITEMS Joseph J Albanese
Total Base Bid 2,899,299.75$
Pavement Coatings Co
Chrisp
Rosas
Pavement Coatings Co
Crack Seal
Compaction Testing
Traffic Control
Surveying
Subcontractors
Roadside Sign
Microsurfacing
Minor Concrete
Striping
Milling/Grinding
Chrisp
Chrisp
Bond Blacktop
Spencon Construction
60 Item # C8.
City of Milpitas, California
BUDGET CHANGE FORM
From (Credit) To (Debit)
Type of Change
Account
Amount
Account
Amount
Check one:
Budget
Appropriation
Budget Transfer
225-2909
311-951-4303-15-3849
225-2909
311-951-4304-15-3849
$37,276
$37,276
$334,325
$334,325
225-3939
311-951-4303-1-4800
225-3939
311-951-4304-1-4800
$37,276
$37,276
$334,325
$334,325
Recommendation: Adopt a Resolution to Approve Project Plans & Specifications; Award the Construction Contract to the Lowest Responsible, and Responsive Bidder, Joseph J. Albanese Inc, in the amount of $2,899,299.75 for the Street Resurfacing Project No. 4283, 4303, 4304; Authorize the City Manager to Execute the Construction Contract with Joseph J. Albanese Inc; Authorize the Engineering Director/City Engineer to Negotiate and Execute Contract Change Order(s) in an Aggregate Amount Not to Exceed $434,894.96 for the Project; and Approve the Budget Change Form to Appropriate Funding for CP 4303 and CP 4304
BACKGROUND:
Project No. 4283, 4303, 4304, Street Resurfacing Project 2023 is in the City Council approved 2023-2027 Capital Improvement Program. The Project provides for the design and construction of localized repair of asphalt concrete pavement, resurface asphalt concrete pavement, install Americans with Disabilities Act (ADA) compliant curb ramps, repair damaged concrete sidewalk, driveways, or curb & gutter, install class II bike lanes, and reinstall pavement delineation.
Project No’s. 4283, 4303, 4304 provided funding for the design of the 2024 Street Resurfacing Project, and the Plans and Specifications for construction are complete and now ready for City Council approval. The following streets are included in the Street Resurfacing 2023 Project and will receive pavement and concrete repai rs during the Spring/Summer 2023 construction season:
N Park Victoria Drive from Bolton Drive to Jacklin Road, Kennedy Drive from N. Park Victoria Drive to Fanyon Street, Mt Shasta Avenue from Dempsey Road to S Park Victoria Drive the entire lengths of:
o Bolton Drive, Churchill Drive, Wellington Drive, Stratford Drive, Devon Place, Sussex Place, Kirkwall Place, Stirling Drive, London Drive, Hastings Drive, Inverness Drive, Berkshire Place, Baron Place, Wessex Place, Canterbury Place, Cardiff Place, Ann Place, Princess Place, Hampton Court, Carson Way, El Camion Higuera, Zamora Court, Nicklaus Avenue, Berg Court, Ranklin Drive, Creed Street, Selwyn Drive, Shirley Drive, and Edsel Drive
The Engineer’s Construction Estimate for the project was approximately $3,138,226.88, and the Project Plan title sheet (Attachment 1) is included in the Council’s agenda packet. The complete full-size set of plans and specifications are available for review in the office of the City Engineer.
ANALYSIS:
The City has a Pavement Condition Index (PCI) rating of 70, “Good Condition”. The project streets are selected based on the recommendations from the Metropolitan Transportation Commission (MTC) Pavement Management Program to maintain and improve the overall city pavement condition. The project was advertised on May 5, 2023 and May 12, 2023 in the Milpitas Post and on digital construction trade publications. Bid opening was on May 23, 2023 and 5 sealed bid proposals were received. The basis for awarding contract is on the Total Base Bid.
61 Item # C8.
The lowest responsible and responsive bidder based on Total Base Bid is Joseph J. Albanese, Inc, in the amount of $2,899,299.75.
No bid protests were filed with the City in regard to this project.
The City Engineer’s Estimate for the Project was approximately $3,138,226.88 and the following is a tabulation of bidders and bids received. The bid result tabulation is included as (Attachment 3).
Bidder Base Bid
Joseph J. Albanese, Inc $2,899,299.75
DeSilva Gates Construction $2,966,966.00
Radius Earthwork Inc $3,187,700.00
Roadway Construction $3,287,287.00
O’Grady Paving Inc $3,667,847.00
Total Bid pricing received varies between 7% under and 17% over the Engineer’s Estimate. The range of variation in bid pricing from the Engineer’s Estimate is likely due to the current construction market where contractors are hungry for work due to recovery from the pandemic.
The Contractor, Joseph J. Albanese, Inc, is deemed the lowest responsible and responsive bidder. Staff recommends City Council adopt a Resolution (Attachment 2) to award a construction contract for a total contract amount of $2,899,299.75.
Staff recommends a construction contingency amount of $434,894.96 (15%) of the awarded contract amount. The construction contingency will allow for a timely completion of the Project, while addressing the need to respond swiftly to construction conditions and approve necessary change orders in order to limit potential claims or risks to the City. Staff also recommends authorizing the Engineering Director/City Engineer to negotiate and execute any contract change orders in an aggregate amount not to exceed $434,894.96. The change order authority will not exceed this amount, and the Project would not require additional appropriation.
Budget Change
California State Bill 1 Road Maintenance and Rehabilitation Account (SB1 RMRA) Funding SB1 RMRA was signed into law in April 2017 to address statewide transportation infrastructure maintenance funding shortfalls. The distribution of SB1 RMRA funds to local jurisdictions for road maintenance is based on a population formula. The City received an increase in the allocated amount for California State Bill 1 Road Maintenance and Rehabilitation Account (SB1 RMRA) funds, and staff requests budget appropriation of these funds for projects.
The currently adopted fiscal year 2021-2022 SB1 funding for CP4303 is $1,567,170. The actual SB1 funding received for fiscal year 2021-2022 was $1,557,259.63 with interest accrued of $17,634.53. There was also interest accrued in fiscal year 2019-2020 in the amount of $29,551.96 that was not appropriated but could be used for pro jects. Staff is requesting a budget appropriation of $37,276.12 in SB1 funding of CP4303 to account for the ($9,910.37) difference in projected allocation compared to the actual allocation received, and the $47,186.49 interest accrued to CP 4303 to capture all available funding for project expenditures. The current SB1 funding estimate for fiscal year 2022 -2023 is $1,778,739 while the adopted budget is $1,444,414. Staff is requesting a budget appropriation of $334,325 to CP4304 to capture all eligible expenditures that may be used towards these funds.
The approval of a Budget Change (Attachment 4) amending the budgets for Project No.’s 4303 and 4304 to match the SB1 allocations received is recommended. The alignment of Project budgets showing the actual grant funding received is required for use of the funding and in order to qualify all Project expenditures for reimbursement.
62 Item # C8.
The following is a summary of the requested Budget Appropriations for the Project:
Project No. 4303
Current Adopted
Budget
Proposed Budget
Increase/(Decrease)
Proposed Budget Total
SB1 RMRA $1,567,170 $37,276.12 $1,604,446.12
Measure B $1,877,344 - $1,877,344
Vehicle Registration
Fee
$764,432 - $764,432
Gas Tax $91,054 - $91,054
Total $4,300,000 $37,276.12 $4,337,276.12
Project No. 4304
Current Adopted
Budget
Proposed Budget
Increase/(Decrease)
Proposed Budget Total
SB1 RMRA $1,444,414 $334,325 $1,778,739
Measure B $1,677,560 - $1,677,560
Vehicle Registration
Fee
$500,000 - $500,000
Gas Tax $378,026 - $378,026
Total $4,000,000 $334,325 $4,334,325
POLICY ALTERNATIVE(S):
Alternative 1:
Deny approval of project plans and specifications, award of the construction contract, of the requested budget change Pros: None.
Cons: A denial would cause delay in awarding this Project and in completing the needed annual repairs and rehabilitation of the City’s roadways.
Reason for Not Recommending: A delay in the award this construction contract will delay project completion, prolong construction activities into rainy season and may potentially results in higher total construction cost, and loss of gran t funding.
FISCAL IMPACT:
Adequate funds are available in the budgets for Project No.’s 4283, 4303, and 4304 to construct this project, and no additional funding is required. The approval of a Budget Change (Attachment 4) amending the budgets for Project No.’s 4303 and 4304 to match the SB1 allocations received is recommended. The alignment of Project budgets showing the actual grant funding received is required for use of the funding and in order to qualify all Project e xpenditures for reimbursement.
Available funding for the Project upon approval of attached budget change and resolution:
Project No. 4283 $236,724
Project No. 4303 $1,478,051.88
Project No. 4304 $ 3,919,325.00
Total Balance Available $5,634,100.88
Summary of Estimated Construction Cost:
Joseph J. Albanese, Inc $2,899,299.75
20% Contingency $434,894.96
Total $3,334,194.71
California Environmental Quality Act (CEQA):
The project is exempt under Section 15301 (Existing Facilities) of the CEQA guidelines. A Notice of Exemption (NOE) was filed with the County of Santa Clara on January 31,2023.
63 Item # C8.
RECOMMENDATION:
Adopt a resolution to:
1. Approve Project Plans and Specifications;
2. Award the Construction Contract to the Lowest Responsible, and Responsive Bidder, Joseph J.
Albanese Inc, in the amount of $2,899,299.75 for the Street Resurfacing 2023 Project, Project No.’s 4283, 4303, and 4304
3. Authorize the City Manager to Execute the Construction Contract with Joseph J. Albanese Inc.
4. Authorize the Engineering Director/City Engineer to Negotiate and Execute Contract Change Order(s) in an Aggregate Amount Not to Exceed $434,894.96 for the project.
5. Approve the Budget Change Form to Appropriate Funding for CP 4303 and 4304.
Attachment(s):
Attachment 1 – Project Plan Title Sheet
Attachment 2 – Resolution
Attachment 3 – Bid Tabulation
Attachment 4 – Budget Change Form
Attachment 5 – Construction Change Order Policy
Check if City Council Approval required. Meeting: June 6, 2023
Requested by: Department Head: Matt Cano Date: June 6, 2023 Reviewed by: Finance Director: Lauren Lai Date: June 6, 2023 Approved by: Acting City Manager: Ashwini Kantak Date: June 6, 2023
Date approved by City Council, if required: Confirmed by:
FI/24786/V Form 30-222 (Rev. 1/92)
64 Item # C8.
ATTACHMENT 5
Construction Change Order Policy for Street Resurfacing Project 2023, CP 4283, 4303, and 4304
2007 City Council Approved Construction Change Order Policy
Construction Award Individual Administrative Cumulative Award Amount Change Order Authority Change Order Authority Under $50,000 $5,000 $7,500
Over $50,000 10% of Award or $25,000 15% of Award or $100,000 whichever is smaller whichever is smaller
Street Resurfacing Project Street Resurfacing Project 2023, CP 4283, 4303, and 4304
Contract Award Individual Administrative Cumulative
Amount_______ Change Order Authority Change Order Authority
$2,899,299.75 N/A $434,894.96 (15%)
65 Item # C8.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt Resolutions of the Milpitas City Council and Milpitas Public Financing Authority Board Authorizing Investment of Monies in the Local Agency Investment Fund and Updating Officers’ Information (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 6/6/2023
Recommendation: Adopt two Resolutions of the Milpitas City Council and Milpitas Public Financing Authority Board authorizing investment of monies in the Local Agency Investment Fund and updating officers’ information.
Background:
The City of Milpitas and the Milpitas Public Financing Authority (PFA) have been participating in the State’s Local Agency Investment Fund (LAIF) since 1977. LAIF offers local agencies such as our City the opportunity to participate in a major portfolio administered by the State Treasurer's Office for short-term investments.
LAIF requires that the City Council adopt a resolution that authorizes City designated individuals to have access to the City’s and PFA’s LAIF accounts. On April 6, 2021, the signature authority resolution was last updated to include Steven G. McHarris, City Manager and Walter C. Rossmann, Deputy City Manager, and Lauren Lai, Director of Finance.
Analysis:
Periodically it is necessary to update the signatories with LAIF. This occurs when there is either a change of staffing or a change of members of the Council. The Mayor and Vice Mayor were granted signature authority, which is used rarely and only if needed, on April 6, 2021 with Council adoption of City Resolution Number. 9051 and PFA Resolution Number 27. Additionally, the City Manager/Authority Director, Assistant City Manager/Assistant Authority Director, Deputy City Manager/Deputy Authority Director, and Finance Director/Treasurer were granted signature authority per the same resolutions.
For the recommended resolutions, the Assistant City Manager and Finance Director’s previous authorizations are included for re-authorization. The new authorization includes the change of Mayor/Chair, Vice Mayor/Vice Chair, City Manager/Authority Director (vacant) and Deputy City Manager/Assistant Authority Director, in accordance with LAIF instructions as well as signature authority.
By updating the resolutions and completing the LAIF authorization form all prior authorizations on file with LAIF for transfer of funds will be replaced and superseded.
Policy Alternative:
Alternative: Do not adopt two resolutions updating the list of authorized individuals having access to the City and the Public Finance Authority’s LAIF accounts.
Pros: None
Cons: The City will not be current with authorizations for appointed and elected officials.
66 Item # C9.
Reasons not recommended: Not updating City and the Public Finance Authority’s account authorizations will be inconsistent with LAIF requirements.
Fiscal Impact:
There is no fiscal impact to change authorized persons.
Recommendation:
Adopt the following two resolutions:
Resolution of the City Council of the City of Milpitas Authorizing Investment of Monies in the Local Agency Investment Fund; and
Resolution of the Board of Directors of the Milpitas Public Finance Authority Authorizing Investment of Monies in the Local Agency Investment Fund.
Attachments:
City Council Resolution
Public Financing Authority Resolution
67 Item # C9.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AUTHORIZING
INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND
WHEREAS, Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the City Council does hereby find that the deposit and withdrawal of money in t he Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein is in the best interests of the City of Milpitas.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council does hereby authorize the deposit and withdrawal of City of Milpitas monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code as stated herein, and verification by the State Treasurer’s Office of all banking information provided in that regard.
2. The following City of Milpitas officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund:
Carmen Montano, Mayor ______________________________________ Evelyn Chua, Vice Mayor ______________________________________ City Manager ______________________________________
Ashwini Kantak, Assistant City Manager ______________________________________ Matt Cano, Deputy City Manager ______________________________________ Lauren Lai, Director of Finance ______________________________________
PASSED AND ADOPTED this ____ day of _____________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
____________________________________ _________________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
___________________________________
Michael Mutalipassi, City Attorney
68 Item # C9.
RESOLUTION NO. PFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MILPITAS PUBLIC FINANCING AUTHORITY
AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND
WHEREAS, Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the Board of Directors of the Milpitas Public Financing Authority (“Authority”) does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein is in the best interests of the Authority.
NOW, THEREFORE, the Board of Directors of the Milpitas Public Financing Authority hereby finds, determines, and resolves as follows:
1. The Board of Directors does hereby authorize the deposit and withdrawal of Authority monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code as stated herein, and verification by the State Treasurer’s Office of all banking information provided in that regard.
2. The following Authority officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund:
Carmen Montano, Chair ______________________________________ Evelyn Chua, Vice Chair ______________________________________ Authority Director ______________________________________ Ashwini Kantak, Assistant Authority Director ______________________________________ Matt Cano, Deputy Authority Director ______________________________________ Lauren Lai, Treasurer ______________________________________
PASSED AND ADOPTED this day of, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________________ ____________________________________ Suzanne Guzzetta, Authority Secretary Carmen Montano, Chair
APPROVED AS TO FORM:
_______________________________________
Michael Mutalipassi, Authority Counsel 69
Item # C9.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to Execute the Purchase Order with Code 3 Technology for Police Mobile Computer Replacement (Staff Contact: Daniel Nam, Information Technology Director, 408-586-2712)
Category: Consent Calendar-Public Safety
Meeting Date: 6/6/2023
Recommendation: Approve and authorize the City Manager to execute the purchase order with Code 3 Technology for 32 Getac ruggedized laptop computers for a total amount not-to-exceed $199,991.45.
BACKGROUND:
The City’s police patrol vehicles are equipped with advanced technology systems that provide police officers essential functionalities including maintaining continuous communication with the 9-1-1 dispatch center and interacting with various law enforcement systems and databases. This capability is made possible with ruggedized computers and secure wireless connectivity. Select patrol vehicles are also equipped with specialized systems such as automated license plate readers (ALPR), Thermal Imaging Cameras, and Unmanned Aircraft System (UAS) which are also accessed via the same rugged computers.
The last upgrade project was completed in January 2017. The current mobile computers and accompanying wireless equipment have now reached the end of life and the degraded performance of the existing computers does not meet the increasing demand for additional digital services and systems. The deteriorating hardware is also contributing to reliability and performance issues which could hinder officer productivity, increase response times, and require significant IT resources to perform continuous repair and troubleshooting.
The manufacturer of the current equipment has been acquired by another company and the IT department staff have observed degrading quality of service and replacement parts are no longer available.
Upgrading the mobile computer system will ensure that police officers will be equipped with reliable and efficient tools to carry out their duties effectively and demonstrates the City’s commitment to their safety and efficiency.
ANALYSIS:
IT Department and the Police Department have conducted extensive research and evaluations of rugged computers from industry-leading manufacturers against City’s key requirements.
Enhanced Functionality: Provide enhanced mobility and versatility by replacing the current non- removable computers with removable laptop computers with a docking station.
Durability: Specially designed computers that can withstand harsh environments, including extreme temperatures, humidity, vibrations, and continuous operation.
Performance: Next generation computer processors that meet the demands of multitasking, offer faster processing speeds and greater storage capacity. Performant systems that offer higher compatibility and level of integration with a new generation of public safety products available in the market.
Next Generation Wireless: Next generation wireless components that provide high-speed internet connectivity.
70 Item # C10.
Data Security: Computers capable of running advanced security tools that provide robust protection and secure connectivity for data-sharing.
Product Support: Industry-leading manufacturer with a history of producing and delivering rugged and reliable products and robust support to other public safety clients.
Through a series of evaluations, staff have determined that K120 model tablet computer from manufacturer Getac would best accomplish the objectives of this project. K120 meets all requirements of the Police Department and the technical specifications and functionalities have been validated by the IT Department. The manufacturer Getac produces several rugged computer products used by various government entities across the country, including the US Air Force, police, and fire departments.
Per Milpitas Municipal Code Section I-2-3.05d (“Cooperative Procurement”), the Purchasing Agent may purchase supplies and services without complying with the quotation or bidding requirements of this Chapter, if such purchases are based on an agreement or entered into by any public agency or cooperative purchasing program utilizing public agency procurements as the basis for contracts offered, regardless of whether the City is a named party to the agreement or an actual participant in such a program, provided that:
i. The underlying purchase was made using competitive negotiation or procurement procedures, and may include a nationally bid cooperative contract; and ii. The public agency is a "public agency" as defined in Government Code secti on 6500.
On February 19, 2020, Region 4 Education Services Center (Region 4 ESC) partnered with OMNIA Partners issued on behalf of itself, other government agencies, non-profits, and all members of TCPN, Request for Proposal (RFP) #20-08 for Cyber Security Solutions and Associated Products & Services. As a result of that solicitation, Region 4 ESC awarded to Synnex Corporation contract No. R200803 entitled “Cyber Security Solutions and Associated Products & Services” which includes Getac Hardware. Region 4 Education Services Center (Region 4 ECS), a division of the Texas State Department of Education, meets the definition of a public agency as defined by Government Code section 6500. OMNIA has contract No. R200803 available through its cooperative purchasing organization to all of its public agency members.
Code 3 Technology is an authorized reseller of Synnex Corporation. Code 3 Technology issued a quote referencing Omnia Partners Purchasing Cooperative contract No. R200803 which included the MSRP, discount and net pricing. The total quote was $199,991.45. Cooperative contracts that exceed $100,000 require City Council approval. Thus, staff is recommending executing purchase order with Code 3 Technology through the Omnia Partners Purchasing Cooperative.
POLICY ALTERNATIVE(S):
Alternative 1: Do not approve the procurement of Getac Ruggedized Laptop Computers.
Pros: City will not incur $199,991.45 in costs.
Cons: IT department will not be able to modernize the Police patrol vehicles.
Reason for Not Recommending: City will not be able to equip police officers with a modern and reliable technology system that is critical for providing effective police service. Outdated technology in the police vehicle could result in slow processing speed, security vulnerabilities, incompatibility with other systems, increased maintenance cost and reduced efficiency due to equipment failures.
FISCAL IMPACT:
The total purchase amount is $199,991.45. The project will be funded by the Capital Improvement Program, CIP 3497 “Public Safety MDT” which has a balance of $354,087 as of June 6, 2023. Funding for CIP 3497 comes from the General Government CIP Fund.
71 Item # C10.
California Environmental Quality Act (CEQA):
By the definition provided in the CEQA Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA as this action has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
RECOMMENDATION:
Approve and authorize the City Manager to execute the purchase order with Code 3 Technology for 32 Getac Ruggedized Laptop Computers for a total not-to-exceed amount of $199,991.45.
Attachment(s):
1. Sole Source - Omnia Partners Purchasing Cooperative
2. Code 3 Quote and PO with Terms & Conditions
72 Item # C10.
P U R C H A S I N G D I V I S I O N
455 East Calaveras Boulevard, Milpitas, California 95035-5411 www.ci.milpitas.ca.gov
Date: 04/20/2023
From: Steve Pietrobono, Buyer
Project: Code 3 Technology- MDC- Getac K120
NOTE TO FILE: This is a cooperative purchase through the Omnia Partners Purchasing Cooperative.
The City of Milpitas Municipal Code Section I -2-3.08 (“Cooperative Procurement”) specifically authorizes the Purchasing Agent to make such purchases based on an agreement or cooperative purchasing program entered into by a public agency, as defined by Government Code Section 6500, regardless of whether the City is a named party to the agreement or an actua l participant in such a program, provided that the underlying purchase was made using competitive negotiation or bidding procedures at least as restrictive as the City’s, and that the supplies or general services purchased must be the same and be offered at the same price as the supplies and general services subject to the agreement or program.
The Cooperative Purchasing Network (TCPN) was a cooperative purchasing organization. On July 28, 2015, TCPN was acquired by National Intergovernmental Purchasing Alliance (National IPA), another cooperative purchasing organization. On August 16, 2017 the founders of National IPA formed OMNIA Partners, a cooperative purchasing organization and supply chain optimization company dedicated to government as a parent compa ny to National IPA. OMNIA acquired US Communities in 2018 and on January 1, 2019 National IPA and US Communities began operation under the OMNIA name. Each contract in the OMNIA Partners combined cooperative contract portfolio has been competitively solici ted by a lead public agency. Neither OMNIA Partners nor any of the aforementioned cooperatives conduct solicitations; rather, they partner with various public agencies in soliciting cooperative contracts. All contracts previously solicited, issued and awarded by lead public agencies remain in full force and effect in accordance with their respective contract terms and conditions. The City of Milpitas is a member of OMNIA Partners cooperative purchasing organization by virtue of its membership with National IPA, effective September 26, 2012, and is assigned participation number 1036843.
On February 19, 2020 , Region 4 Education Services Center (Region 4 ESC) partnered with OMNIA Partners issued on behalf of itself, other government agencies, non-profits, and all members of TCPN, Request for Proposal (RFP) # 20-08 for Cyber Security Solutions and Associated Products & Services. As a result of that solicitation, Region 4 ESC awarded to Synnex Corporation contract No. R200803 entitled “Cyber Security Solutions and Associated Products & Services” which includes Getac Hardware. Region 4 Education Services Center (Region 4 ECS), a division of the Texas State Department of Education, meets the definition of a public agency as defined by Government Code section 65 00. OMNIA has contract No. R200803 available through its cooperative purchasing organization to all of its public agency members.
C I T Y O F M I L P I T A S
73 Item # C10.
Code 3 Technology is an authorized reseller of Synnex Corporation. Code 3 Technology issued a quote referencing contract No . R200803 which included the MSRP, discount and net pricing. The total quote was $199,991.45.
Cooperative contracts up to $100,000 fall within the authority of the City Manager and do not require City Council approval or resolution, per the City Attorney. Cooperative contracts that exceed $100,000 require City Council approval.
74 Item # C10.
PROPOSAL
Date: 5/16/2023
QUOTE: 22-357
Gabriel Garcia
Milpitas Police Department
1275 N. Milpitas Blvd
Milpitas, CA 95035
408-586-2712
Customer ID: MPDCA002
Salesperson Project Payment Terms Contract#
Clay Jeppsen MDCs – Getac K120s Net 30 OMNIA Partners #R200803 Part# Description Qty MSRP OMNIA Unit Price
KP8774VAAQXX
Getac K120G2-R, i7-1165G7, W/Win Hello Webcam, Win11
Pro x64,32GB RAM, 256GB PCIe SSD, Sunlight Readable, Full HD LCD Touchscreen, Hd Tip stylus, Rear Cam, Red Backlit KBD, Wifi+Bluetooth+5G Sub-6 (EM9190) w/ int GPS/Glonass+ Antenna Passthru, 3yr Bumper-2-Bumper Warranty
32 $5355 $5141 $3869
GE-SVTBNFX5Y Bumper-to-Bumper + Extended Warranty - Tablet (Year 4 & 5) 32 $599 $575 $465 OHG160108203 Gamber-Johnson K120 Vehicle Dock w/ Triple pass-through w/ Screen Stiffener 32 $1751 $1681 $789
7160-0454 Universal Wall Mount/Adapter 32 $78 $74 $42
GAD2X8 Getac 120W 11-16V, 22-32V DC Vehicle adapter, 3yr war 32 $110 $105 $99 590GBL000196 TG3 83 Key, Red Backlit, Touchpad, USB, Coiled Cord, 5yr war 32 $268 $257 $234 590GBL001019 Panorama 3-in-1 5G Sharkfin for dock w/ 16’ SMAx3 for all Getac Docks – Black 32 $384 $368 $252
Subtotal $184,000.00
Sales Tax $15,863.45
Recycle $128.00
Shipping $0.00
Total $199,991.45
Thanks for your business!
Quote Expires 6/30/2023
Code 3 Technology/ 9855 E Southern Ave #50882 Mesa AZ 85209/ 480-888-6401/ [email protected] 75 Item # C10.
38077.00180\29085216.4 C2
CITY OF MILPITAS - PURCHASE ORDER (EQUIPMENT AND MATERIALS)
PURCHASE ORDER TERMS AND CONDITIONS FOR EQUIPMENT AND MATERIALS
1. Acceptance. This purchase order for equipment and materials issued by the City of Milpitas (“CITY”) to the Vendor designated in the purchase order must be promptly accepted and acceptance is expressly limited to the terms of this order.
Any additions or different terms in the Vendor's forms are hereby deemed to be material alterations and notice of
objection to them and rejection of them is hereby given.
Vendor's shipment of goods in response to this order shall be considered acceptance by the Vendor.
2. Entire Agreement. Unless Vendor and CITY have entered into a separate written contract covering the purchase of the goods described herein, the entire contract between the parties consists of this order and the Vendor's acceptance as above stipulated, and said contract shall not be changed or added to except in writing signed by authorized
representatives of each party.
3. Price. The price invoiced for the goods on this purchase order shall be no higher than the price stated on the front of this purchase order unless prior notification is received from Vendor prior to shipment and the change is accepted by
CITY. If the Vendor's established price for any item upon the date of delivery shall be lower than the price shown on this purchase order, CITY shall have t he benefit of such lower price. Vendor shall deliver to CITY all invoices within 30 days of shipping or service delivery.
4. Payment. Payments will be made net 30 days unless
otherwise specified as per agreements regarding discount terms. The period of computation will commence on the date of receipt of a correctly completed invoice. Payment may be withheld, in whole or in part, due to deficiencies in Vendor’s performance. Payment of an invoice by CITY shall be
without prejudice to any and all claims CITY may have
against Vendor in connection with such goods. Invoices are paid on a weekly basis and such practice may result in minor deviations from payment terms otherwise cited herein.
5. Time of the Essence. Time is of the essence on this order.
If delivery is not made in the quantity or quantities and at the time or times specified, CITY shall have the right, at its option, to cancel the entire order or that part of same not so delivered. If CITY accepts delayed delivery the time of payment shall be extended accordingly.
6. Delivery and Acceptance. Vendor expressly warrants that any article, material or work is free and clear of all liens and encumbrances whatsoever, and that Vendor has good and
marketable title to same. Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. destination. No charge will be allowed for packing, crating, freight, express or other carrier's charges, or cartage, unless specifically agreed to by CITY. Title to equipment and materials
purchased hereunder shall pass to Vendor at the designated F.O.B. point, subject to Vendor’s right to inspect and reject or revoke acceptance.
7. Warranty. Vendor warrants for a period of 12 months following start of use or 18 months from receipt, whichever occurs first, t hat the goods described herein will be free of defects in workmanship, design, materials, and title, and notwithstanding anything herein to the contrary, will conform to all applicable proposals, specifications, instructions, drawings, data, descriptions, and samples, and will be of good and merchantable quality and fit and sufficient for the purpose intended. Vendor shall obtain and provide to CITY Material Safety Data Sheets (MSDS) for each product that contains hazardous substances as defined by CalOSHA. ..
8. Rejection of Goods. CITY shall have the right, at its option, to reject or revoke acceptance of any goods which do not conform to these warranties or to the specifications. In case of such rejection or revocation of acceptance,
transportation of the rejected goods, both to and from CITY, shall be at the expense of Vendor, said rejected goods are not to be replaced except upon specific instruction from CITY, and CITY shall have the right at its option to cancel the remainder, if any, of the order, by notice to Vendor at the time notice is given of rejection or revocation of acceptance.
Vendor shall be liable to CITY for all damages proximately caused by breach of any of the foregoing warranties,
including incidental damages but excluding special or
consequential damages.
9. Returns. CITY reserves the right to return for full credit any excess over quantity called for in any order or orders.
Vendor to bear the cost of transportation both ways.
10. Force Majeure. Vendor shall not be held responsible for failure or delay in shipping nor CITY for failure or delay in accepting goods described herein if such failure or delay is due to act of God, war, federal or state legislation or any regulations or orders, fire, accident, or other causes, either similar or dissimilar to the foregoing, beyond their control. In the event of any such excused interference with shipments, CITY shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in these terms and conditions.
11. Additional Fees. Unless otherwise required by law or provided herein, Vendor assumes exclusive liability for, and shall pay before delinquency, all sales, use, excise and other taxes, charges or contributions of any kind now or hereafter imposed on or with respect to, or measured by the article sold or material or work furnished hereunder on the wages,
salaries or other remunerations paid to persons employed in connection with performance of this order.
12. No Waiver. No exercise by CITY of its rights hereunder shall constitute a waiver of any rights it may have for breach of contract. CITY's waiver of or failure to enforce its rights on account of Vendor's failure or delay in performing any
obligation of Vendor hereunder, or on account of Vendor's breach of contract in any respect, shall not constitute a waiver of any subsequent failure, delay or breach.
13. Compliance with Law. Vendor shall comply with all
applicable laws and regulations of the federal, state and local government. CITY shall assist Vendor, as requested, in obtaining and maintaining all permits required of Vendor by Federal, State and local regulatory agencies. Vendor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her Work. Vendor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq.
(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other
requirements on certain "public works" and "maintenance" projects. If the Work is 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 $1,000 or more, Vendor agrees to fully
comply with such Prevailing Wage Laws. Vendor shall
defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from a ny claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Any stop orders issued by the Department of Industrial
76 Item # C10.
38077.00180\29085216.4 C2
CITY OF MILPITAS - PURCHASE ORDER (EQUIPMENT AND MATERIALS)
Relations against Vendor or any subcontractor that affect Vendor’s performance of services, including any delay, shall be Vendor’s sole responsibility and Vendor shall indemnify CITY from liability arising out of the same. It shall be mandatory upon the Vendor and all subcontractors to comply with all California L abor Code provisions, which include but are not limited to prevailing wages (Labor Code 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 (L abor Code
Sections 1813 and 1815), contractor registration (Labor Code Sections 1725.5 and 1771.1) and debarment of
contractors and subcontractors (Labor Code Sections
1777.1). The requirement to submit certified payroll records directly to the Labor Comm issioner under Labor Code
section 1771.4 and to be registered with the Department of Industrial Relations 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 1771.4, 1725.5 and 1771.1.
14. Insurance. Vendor sh all take out and maintain: A.
Commercial General Liability Insurance, of at least
$1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01 ; B. Automobile
Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired
vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent
Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); C. Workers’
Compensation in compliance with applicable statutory
requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and D. Pollution Liability
Insurance of at least $1,000,000 per occurrence and
$2,000,000 aggregate shall be provided by those Vendors transporting hazardous materials. Insurance carriers shall be licensed to do business in California and maintain an agent for process within the state. Such insurance carrier shall have not less than an "A:VII" rati ng according to the latest Best Key Rating unless otherwise approved by CITY.
VENDOR SHALL ENSURE THAT THIRD PARTY
SHIPPERS CONTRACTED BY VENDOR HAVE
ADEQUATE INSURANCE COVERAGE. If attached, Vendor
shall refer to Exhibit “A” – Insurance Requirements, fo r further insurance requirements applicable to Vendor.
15. Indemnification. The Vendor shall indemnify and hold harmless CITY, its officials, officers, agents and employees from and against any and all claims, liabilities, expenses or damages, including attorneys’ fees, for injury or death of any person, or damage to property, or interference with use of property, or patent infringement or fees for use of patented items, or any claim of the Vendor or sub -contractors for wages or benefits which arise in connection with the sale , delivery and/or installation of equipment or materials, except to the extent caused or resulting from the negligence or willful misconduct of CITY. The foregoing indemnity
includes, but is not limited to, the cost of prosecuting or defending such action with legal counsel acceptable to CITY and CITY’s attorneys’ fees incurred in such an action.
16. Substitutions, Changes and Cancellation. No
substitutions are acceptable unless expressly accepted in writing by CITY. CITY may make changes in the general
scope of this order by giving written notice to Vendor. If any such change affects the cost of or time to deliver or perform under this order, an adjustment in price, delivery or both will be made as CITY determines to be equitable. Vendor may request changes; however, no such change shall be effective unless accepted in writing by CITY. CITY may cancel this order in whole or in part at any time before acceptance of the equipment and materials due to Vendor’s breach or fo r
CITY’s convenience.
17. Laws, Venue, and Attorneys' Fees. This purchase order 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 purchase order , the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including re asonable attorney's fees, as determined by the court.
18. Contract Terms. Nothing herein shall be construed to give any rights or benefits to anyone other than CITY and the Vendor. The unenforceability, invalidity or illegality of any provision(s) of this purchase order shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed t o the parties to the addresses set forth in the purchase order. Vendor shall not assign, sublet, or transfer this purchase order, or any rights under or interest in this purchase order, without the written consent of CITY, which may be withheld for any r eason. Vendor is retained as an independent contractor and is not an
employee of CITY. No employee or agent of Vendor shall become an employee of CITY. This is an integrated
agreement/purchase order representing the entire
understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. This Contract may not be modified or altered except in writing signed by both parties hereto.
19. Damage to City Facilities. Damage to CITY or public facilities or private property caused by the Vendor or by its subcontractors during delivery or installation shall be repaired and/or replaced in kind at no cost to the CITY.
20. Site Safety and Cleanup. The delivery and installation site shall be kept clean and free of hazards at all times during delivery and installation. After and installation is completed at the site, as applicable, Vendor shall clean the surrounding area to the condition prior to delivery and installation.
21. Installation. If the Vendor is responsible for providing installation services, finished installation work and/or equipment shall be subject to final inspection and
acceptance or rejection by the CITY.
22. Wage Theft Prevention. Vendor, and any subcontractor it employs to complete work under this purchase order, 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. By
entering into this purchase order, Vendor 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 the date of this purchase order that Vendor or its subcontractor(s) has violated any applicable wage and hour laws. Vendor further affirms that it or its
subcontractor(s) has either fully satisfied each judgment, decision or order, or, if any judgment, decision or order has not been fully satisfied, Vendor affirms that it or its subcontractor(s) is currently satisfying said judgment, decision or order through a payment or alternative plan approved by the applicable court/government agency and
that Vendor or its subcontractor(s) are in compliance with 77 Item # C10.
38077.00180\29085216.4 C2
CITY OF MILPITAS - PURCHASE ORDER (EQUIPMENT AND MATERIALS)
said plan as of the date of this purchase order. If at any time during the term of this purchase order, a court or
investigatory government agency issues a final judgme nt, decision or order finding that Vendor or a subcontractor it employs to perform work under this purchase order has
violated any applicable wage and hour law, or Vendor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Vendor shall inform the CITY no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Vendor or its subcontractor(s) shall, within th irty (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 Vendor or its subcontractor is subject to a payment or other alternative plan, the Vendor or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the purchase order
demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied. For purposes of this provision, a “final j udgment, 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. Failure to comply with any part of this provision constitutes a material breach of this purchase order. Such breach may serve as a basis for immediate termination of this purchase order and/or any other remedies available under this purchase order and/or law. Notice provided to the CITY shall be addressed to:
Attention: Finance Director, 455 E. Calaveras Blvd., Milpitas, CA 95035. The notice provisions of this paragraph are
separate from any other notice provisions in this purchase order and, accordingly, only notice provided to the above address satisfies the notice requirements in this provision.
*OPTIONAL TERMS: Check box if applicable
Custom Design: If the goods are produced by Vendor
in accordance with designs, drawings or blueprints
provided by CITY, Vendor shall return same to CITY
upon completion or cancellation of this order. Any
materials, equipment, tools, artwork, designs or other
property furnished by or specifically paid for by CITY
shall be CITY’s property.
78 Item # C10.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive an Update on the Emergency Repairs to the HVAC System and Equipment at City Hall and at the Public Works/Information Technology/Police Department Buildings and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Category: Consent Calendar-Community Services and Sustainable Infrastructure
Meeting Date: 6/6/2023
Recommendation: (1) Receive an update on the emergency repairs to the HVAC system and equipment at City Hall and at the Public Works/Information Technology/Police Department Buildings; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.
Background:
Pursuant to Public Contract Code section 22050 and the attached Council Resolution No. 9134, the Director of Public Works, in the case of emergency, may authorize a repair of a public facility and procure the work without giving notice for bids. An emergency is defined as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Additionally, State law requires the Public Works Director, as the City official with delegated authority to take emergency action, to report any emergency authorization and the reason(s) for the authorization to the City Council not later th an seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action. Further, the Public Works Director is required to report why the emergency would not permit a delay resulting from a competitive solicitation for bids and the City Council is required to review the emergency action at every regularly scheduled meeting thereafter until the emergency repair is completed. The City Council shall continue to review the emergency action at every regularly scheduled meeting thereafter until the action is terminated. At each review, the City Council shall determine, by a four-fifths vote, whether there is a need to continue the action.
Consistent with applicable State law and Council Res olution, on April 27, 2023, the Public Works Director declared an emergency and authorized the City to contract with its existing HVAC maintenance contractor, Environmental Systems Inc. (ESI), for the emergency repairs to the HVAC system at City Hall and t he Public Works, Information Technology and Police Department buildings. The Information Memorandum issued on that date outlined the various equipment issues and provided a cost estimate of $ 899,300.
Analysis:
City Hall: Repairs to the HVAC system at City Hall have begun. The contractor is currently assessing the Variable Air Volume (VAV) boxes throughout the building to finalize a material order. Parts for the repairs to the air handlers, backflow and boiler pumps have been ordered and are expected to arrive in 4-6 weeks (~July). The new boiler has also been ordered with an expected delivery of 3 -4 months (~September). The design of the replacement of air condition units #1 and #2 will begin in July 2023.
Public Works/Information Technology/Police Department Building: The contractor has also begun repairs on the HVAC system at this facility. The boiler , chiller pumps and backflows have been ordered with an expected delivery of 2-3 months (~August). VAV boxes are also being assessed for material needs and repair plans to minimize impact to building operations. Staff will continue to provide updates for future City Council meetings.
79 Item # C11.
Fiscal Impact:
Funding for these repairs is available in the City’s Capital Improvement Program (CIP) budget and has been fully encumbered CIP Project 3499 - HVAC Systems Repairs fund ed $620,000 for the upgrades to the B uilding Management System (BMS) and Variable Air Flow (VAV) boxes at both buildings. The remaining repairs were funded by CIP Project 3406 – City Building Improvements in the amount of $279,300.
California Environmental Quality Act:
The emergency repair work is exempt from CEQA, per CEQA Guidelines Section 15301, Existing Facilities and 15302, Replacement or Reconstruction.
Recommendations:
1. Receive an update on the emergency repairs to the HVAC system and equipment for City Hall and the Public Works, Information Technology and Police Department buildings.
2. Determine by a four-fifths vote that the condition continues to constitute an emergency.
Attachment:
None
80 Item # C11.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve Parks and Recreation and Community Services Programs Donation for a Memorial Bench in Honor of Mikhaila Saso (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 6/6/2023
Recommendation: Approve the Parks and Recreation Donation for a Memorial Bench for Mikhaila Saso.
BACKGROUND:
Milpitas City Council adopted revisions to the Donation for City Park and Recreation and Community Services Programs City Council Policy (Policy) on October 4, 2022. The policy establishes the guidelines, criteria, and processes for donations for City parks and Recreation and Community Services Department programs, including memorials to City-owned parks and recreation areas throughout the City of Milpitas. This Policy is consistent with the Council approved Budget Guidelines to provide process and procedure on the acceptance of financial donations.
On May 1, 2023, the Parks, Recreation and Cultural Resources Commission (PRCRC) voted to recommend City Council approval of the Parks and Recreation Donation Application submitted by Monica Scully and Donna Kato for the installation of a Memorial Bench at Cardoza Park for Mikhaila Saso, a Milpitas resident who passed away in 2015 at 20 years old.
ANALYSIS:
The Policy outlines ways for businesses, community groups, or individuals to donate through:
1) Monetary Donations
2) Memorial Donations
3) Anonymous Donations
4) Non-Financial Donations
Donations that require ongoing maintenance and/or future replacement costs are first reviewed by the PRCRC for review and recommendation to the Milpitas City Council for final consideration.
PRCRC reviewed the submitted donation application at their May 1, 2023 meeting. As described in the application, Mikhaila Saso was a Milpitas resident and passed away in 2015 at the age of 20 years old. She was a participant in the Milpitas Tidal Waves Swim Team program at the Milpitas Sports Center. She also tutored young students from the community in Math. Parents of those she tutored expressed appreciation to Ms. Saso’s parents as to the patience she had with their children.
As outlined in the Policy “Memorial Donations” sections 2.6.3.1 and 2.6.3.4 respectively:
- Memorial Donations allow for individuals to contribute funds “in memory of” a family member who has passed away or retired and moved out of the area.
- Donation in memory of an individual must be appropriate and relevant to the Milpitas community, (i.e., past resident, business-person or other person having contributed to the good of the Milpitas community).
The PRCRC voted in favor of recommending the City Council’s final approval of the memorial bench donation.
81 Item # C12.
POLICY ALTERNATIVE(S):
Alternative 1: Not approve the donation of a Memorial Bench in Honor of Mikhaila Saso Pros: City Staff will not have to work on the Memorial Bench Donation and will continue to work on currently assigned tasks.
Cons: The proposed memorial donation meets the Policy requirements.
Reason for Not Recommending: The proposed memorial donation meets the City Council Donation for City Parks and Recreation and Community Services Programs
FISCAL IMPACT:
Per the Donations to Parks and Recreation Programs Policy the Mikhaila Saso’s family accepts all financial responsibility for the donation, which includes the bench and plaque procurement and installation. Ongoing maintenance costs and future replacement costs will be incorporated into a future Public Works operating budget.
California Environmental Quality Act (CEQA):
By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.
RECOMMENDATION:
Approve the Parks and Recreation Donation Application for a Memorial Bench for Mikhaila Saso.
Attachment(s):
1. Donation for City Parks and Recreation and Community Services Programs Policy
2. Parks, Recreation and Cultural Resources Financial Donation Form – Mikhaila Saso
3. PRCRC Draft Minutes - May 1, 2023
82 Item # C12.
CITY OF MILPITAS
Revision Date
Original 03/19/2013
Revised 10/4/2022
CITY COUNCIL POLICY
1. PURPOSE
1.1. This Policy establishes the guidelines, criteria, and processes for donations for City parks and Recreation and Community Services Department programs.
1.2. This Policy is consistent with the Council approved Budget Guidelines which state in part that the City Manager is authorized to accept grants or donations up to and including $100,000, increase department revenues and appropriations accordingly, and execute related agreements as long as no matching funds are required, and departments do not require additional funding for ongoing maintenance costs or future replacement costs
2. POLICY
2.1. The City shall have the sole authority and the City Council shall have the final authority to approve donations except for monetary donations up to and including $100,000 that do not require any matching funds, additional funding for ongoing maintenance costs or future replacement costs.
2.2. The City reserves the right to recognize donors, or, for memorial gifts, the named individual, in any other manner the City so chooses. No outside donor shall have the right to apply, control, or dictate the City’s manner of recognition.
2.3. In the event the City chooses to recognize a donor, or for memorial gifts, the named individual, the manner of recognition shall be construed as the City’s own speech under the government speech doctrine and no open forum shall be created by the City’s exercise of its sole decision to recognize a donor or named individual at a certain location or in a certain manner.
2.4. Final review and action to accept or decline a donation, and recognition of the donor for accepted donations on behalf of the City of Milpitas is determined by the Milpitas City Council except for monetary donations up to and including $100,000 that do not require any matching funds, additional funding for ongoing maintenance costs or future replacement costs. For these monetary donations, the final review and action rests with the City Manager.
2.5. The Parks, Recreation and Cultural Resources Commission (PRCRC) shall evaluate appropriate donations to City Parks or Recreation and Community Services programs and shall make recommendations to the City Council.
2.6. Financial Donations
2.6.1. Donors may earmark monies for the purchase of specific materials, supplies, equipment, furnishings, and other items to the extent practical.
Policy No:
Click or tap here to enter
text.
DONATIONS FOR CITY PARKS AND
RECREATION AND COMMUNITY
SERVICES PROGRAMS
Effective Date:
10/4/2022
Revision No:
1 Policy Administrator:
Recreation and Community Services
Next Review Due:
As needed
Related Policies and
Procedures:
Incorporates and
replaces Original
Approved by:
Click or tap here to enter text.
Council meeting date, agenda item #, and
vote
Date Approved:
10/4/2022
83 Item # C12.
CITY OF MILPITAS
Revision Date
Original 03/19/2013
DONATION FOR CITY PARKS AND RECREATION AND COMMUNITY SERVICES PROGRAMS/ POLICY #
2.6.2. City staff will apply the funds as requested by the donor. Should additional or alternate uses for the funds be identified, staff will consult with the donor and receive written permission to apply funds differently.
2.6.3. Memorial Donations
2.6.3.1 Memorial Donations allow for individuals to contribute funds “in memory of” a family member who has passed away or retired and moved out of the area.
2.6.3.2 Memorial donations may not be contributed in memory of pets, or livestock.
2.6.3.3 I ndividuals may name the City of Milpitas or Recreation and Community Services as a beneficiary in their wills, trusts, or other estate planning document. The will might stipulate that the funds (or interest from part of an estate) be used to purchase particular items or materials in certain service areas or support certain programs.
2.6.3.4 Donation in memory of an individual must be appropriate and relevant to the Milpitas community, (i.e., past resident, business-person or other person having contributed to the good of the Milpitas community).
2.6.4. Anonymous Donations
2.6.4.1 Donations with the request to remain anonymous will not be acknowledged in any donor listings.
2.6.5. Non-financial Donations
2.6.5.1 In the event a donor desires to give materials, personal property, real property, fixtures and other things, non-monetary in nature, to the City, the proposed gift shall be presented to the Director of Recreation and Community Services in writing.
2.6.5.2 All such non-monetary donations shall be subject to the City Manager or designee’s determination of probable value and viability for acceptance and placement.
2.6.5.3 If determined by staff to be a viable donation, the Parks, Recreation and Cultural Resources Commission shall make a recommendation to the City Council for a final decision, except for monetary donations up to and including $100,000, in which the final review and action rests with the City Manager.
3. PROCEDURE
3.1. Accepting Monetary Donation Requests
3.1.1. All inquiries about monetary donations shall be directed to the Recreation and Community Services Director.
3.1.2. If deemed a viable donation, potential donors shall be provided a copy of the Parks, Recreation and Cultural Resources Donation Form.
3.1.3. Upon receipt of this completed form by the Director, the proposed donation shall be placed on the next appropriate PRCRC agenda.
3.1.4. For monetary donations up to and including $100,000 that do not require any matching funds, additional funding for ongoing maintenance costs or future replacement costs, staff will provide an informational item to the PRCRC for information purposes only. The donation will be accepted administratively. The 84 Item # C12.
CITY OF MILPITAS
Revision Date
Original 03/19/2013
DONATION FOR CITY PARKS AND RECREATION AND COMMUNITY SERVICES PROGRAMS/ POLICY #
Director of Finance will report quarterly the acceptance of any grants and donations as part of the quarterly financial status report.
3.1.5. For any monetary donation, that requires any matching funds, additional funding for ongoing maintenance costs, future replacement costs, or any monetary donation over $100,000, the PRCRC shall review the proposed donations and provide a recommendation for either accepting or declining the donation to the Milpitas City Council.
3.2. Accepting Non-financial Donation Requests
3.2.1. All inquiries about non-financial donations shall be directed to the Recreation and Community Services Director.
3.2.2. Recreation and Community Services Director will coordinate the review of any non-financial donations with other City Departments affected by the donation, including but not limited to the Office of the City Attorney, Finance and Public Works.
3.2.3. If deemed a viable donation, potential donors shall be provided a copy of the Parks, Recreation and Cultural Resources Donation Form.
3.2.4. Upon receipt of this completed form by the Director, the proposed donation shall be accepted by the City Manager or their designee if there are no ongoing maintenance or future replacement costs. Otherwise, the donation shall come to the PRCRC for approval with an estimated value of up to and including $25,000 and to the PRCRC for recommendation for City Council approval with an estimated value greater than $25,000.
3.2.5. The PRCRC shall receive a quarterly report on received non-financial donations received for up to and including $25,000 at a regularly scheduled meeting.
85 Item # C12.
86 Item # C12.
CITY OF MILPITAS
Parks, Recreation & Cultural Resources Commission
May 1, 2023 Parks, Recreation & Cultural Resources Commission Minutes Page 1
MEETING MINUTES
7:02 PM
Monday, May 1, 2023
MILPITAS CITY HALL 455 E. CALAVERAS BLVD.
COMMITTEE CONFERENCE ROOM
MILPITAS, CA 95035
CALL TO ORDER Davis (Acting Chair) called the meeting to order at 7:02 PM.
ROLL CALL PRESENT: Commissioners Davis, Felix, Gomez, Montemayor, Nguyen, Thomas
ABSENT: Commissioners Ehardt, Illescas, Jackson, Strauss
City Liaison: Councilmember Lien
City Staff: Joshua Clevenger - Recreation Supervisor
Amanda Ingua - Public Services Assistant
PLEDGE of ALLEGIANCE Davis led the pledge of allegiance.
ALTERNATE SEATING None
APPROVAL OF AGENDA Motion/Second Thomas/Montemayor
Motion carried by a vote of AYES: All NOES: 0
APPROVAL OF MINUTES Motion/Second Montemayor/Davis
Motion carried by a vote of AYES: All NOES: 0
PUBLIC FORUM Monica was present on behalf of Donna Kato and the Mikhaila Rose Saso Memorial Bench Donation Request. Monica briefly talked about the background of Mikhaila’s history with the Milpitas Community and the importance of the bench being placed at Cardoza Park near Mikhaila’s childhood home.
ANNOUNCEMENTS None
BUSINESS ITEMS a. Mikhaila Rose Saso Memorial Bench Donation Request – Recreation and Community Services Department Staff
Commission discussed the memorial bench donation request and made recommendation for acceptance for City Council consideration.
Motion/Second Davis/Montemayor
Motion carried by a vote of AYES: All NOES: 0
b. Work Plan FY23-24 Review – Recreation and Community Services Department Staff
87 Item # C12.
May 1, 2023 Parks, Recreation & Cultural Resources Commission Minutes Page 2
The Parks, Recreation and Cultural Resources discussed the Fiscal Year 2023- 24 Work Plan identify goals, projects and ongoing tasks that the Commission plans to continue to work on and accomplish in the coming year.
Staff will return to the August meeting for final plan acceptance
STAFF LIAISON REPORT
Staff provided updates on Recreation and Community Services programs, services and upcoming events.
LIAISON REPORT
Councilmember Lien provided a brief update on the Budget 23-24 and the May 9, 2023 meeting of the adoption of the budget.
FUTURE AGENDA ITEMS Overview on Special Events
Sister Cities Discussion
FY2023-24 Work Plan Discussion
ADJOURNMENT Davis adjourned the meeting at 7:58 PM.
88 Item # C12.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider Two Fee Waiver Requests from the Samuel Ayer High School Alumni Association and the Filipino Chamber of Commerce (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 6/6/2023
Recommendation:
(1) Approve a Fee Waiver of $1,500.00 for the Samuel Ayer High School Annual Reunion at Murphy Park on September 16, 2023; and
(2) Approve a Fee Waiver of $1,485.00 for the Filipino Chamber of Commerce Business Seminar at the Milpitas Community Center on June 24, 2023
BACKGROUND:
On May 12, 2023, staff received a Donation and Fee Waiver/Reduction Policy request from the Samuel Ayer High School Alumni Association for their 23rd Annual All Class Reunion Picnic on Saturday, September 16, 2023, at Murphy Park. The request is for a $1,500 fee waiver for the park Open Space fees.
On May 26, 2023, staff received a Donation and Fee Waiver/Reduction Policy request from the Filipino Chamber of Commerce (FCC) for their Business Seminar at the Milpitas Community Center Auditorium on June 24, 2023. The request is for $1,485 fee waiver for the auditorium rental fees.
ANALYSIS:
Two Donation and Fee Waiver/Reduction Policy request applications were received by the Recreation and Community Services Department. Applications included two (2) requests for fee waiver.
Fee Waiver Requests
Samuel Ayer High School Alumni Association submitted the required applications and documentation for the 23rd Annual All Class Reunion Picnic:
- Indoor Space Rental Application for Milpitas Community Center Auditorium - City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter
Samuel Ayer High School Alumni Association is requesting that City Council waive eligible fees for the Open Space fee for Murphy Park in the amount of $1,500. Fees ineligible for waiver include the rental application fee of $30 and refundable security/damage deposit of $1,000. Refundable security/damage deposits are refunded within 30 days of the rental.
The Filipino Chamber of Commerce submitted the required applications and documentation for a Business Seminar:
- Indoor Space Rental Application for Milpitas Community Center Auditorium - City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter
The FCC is requesting that City Council waive eligible fees for the auditorium hourly rental fees in the amount of $1,485. Fees ineligible for waiver include the rental application fee of $30 and refundable security/damage deposit of $500. Refundable security/damage deposits are refunded within 30 days of the rental. 89 Item # C13.
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, Samuel Ayer High School Alumni Association and the FCC 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 $17,707. If these requests are approved by the City Council, The $1,485 fee waiver request from Filipino Chamber of Commerce will be paid from FY 2022-23 Unallocated Community Promotion budget, $16,222 would remain in that line item. The $1,500 fee waiver request from Samuel Ayer High School will be paid from FY 2023-24 Community Promotion Budget, which is currently in the City Council approval process.
RECOMMENDATION:
1) Approve a Fee Waiver of $1,500 for the Samuel Ayer High School Annual Reunion at Murphy Park on September 16, 2023
2) Approve a Fee Waiver of $1,485 for the Filipino Chamber of Commerce Business Seminar at the Milpitas Community Center on June 24, 2023
Attachment(s):
1. Samuel Ayer High School Alumni Association Application
2. Samuel Ayer High School Internal Revenue Service (IRS) non-profit letter
3. Filipino Chamber of Commerce Application and
4. Filipino Chamber of Commerce Internal Revenue Service (IRS) non-profit letter
5. City Council Donation and Fee Waiver/Reduction Policy 90 Item # C13.
91 Item # C13.
Policy will result in the organization being denied
for funding and/or fee waiver in the future.
Draw your signature into the box below.
92 Item # C13.
Letter 947 (Rev. 2-2020)
Catalog Number 35152P
Department of the Treasury Internal Revenue ServiceTax Exempt and Government EntitiesP.O. Box 2508Cincinnati, OH45201 SAMUEL AYER HIGH SCHOOL ALUMNI ASSOCIATIONC/O JACOB P ABEYTIA1975 OLD CALAVERAS RDMILPITAS, CA95035 Date:
04/19/2023
Employer ID number:
92-2333602
Person to contact:
Name: Customer Service
ID number: 31954
Telephone: 877-829-5500
Accounting period ending:
December 31
Public charity status:
509(a)(2)
Form 990 / 990-EZ / 990-N required:
Yes
Effective date of exemption:
December 9, 2022
Contribution deductibility:
Yes
Addendum applies:
No
DLN:
26053503003983
DearApplicant:
We're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code (IRC) Section 501(c)(3). Donors can deduct contributions they make to you under IRC Section 170. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records.
Organizations exempt under IRC Section 501(c)(3) are further classified as either public charities or private foundations. We determined you're a public charity under the IRC Section listed at the top of this letter.
If we indicated at the top of this letter that you're required to file Form 990/990-EZ/990-N, our records show you're required to file an annual information return (Form 990 or Form 990-EZ) or electronic notice (Form 990-N, the e-Postcard). If you don't file a required return or notice for three consecutive years, your exempt status will be automatically revoked.
If we indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of this letter.
For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities.
Enter "4221-PC" in the search bar to view Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements.
Sincerely,
Stephen A. Martin
Director, Exempt Organizations
Rulings and Agreements
93 Item # C13.
94 Item # C13.
95 Item # C13.
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96 Item # C13.
City Council Fee Waiver/Donations
Fiscal Year 2022-23
Organization Name Event Type Fee Waiver/Donation City Council Approval Date Event Date Amount Awarded Boy Scouts Troop 92 Eagle Scout Honor Ceremony Fee Waiver 8/9/2022 8/13/2022 -$546.00 Christian Worship Center Easter Egg Hunt Fee Waiver 4/4/2023 4/8/2023 -$1,500.00 FAREPA ADU Workshop Fee Waiver 4/4/2023 5/13/2023 -$830.00 Kiwanis Crab Feed Fee Waiver 1/17/2023 2/3/2023 -$900.00 Korean Language and Culture Foundation Korean Alphabet Celebration Donation 9/20/2022 10/2/2022 -$500.00 MUSD Aerotech Club Rocketeering Event Donation 4/4/2023 5/20/2023 -$500.00 Sunnyhills Neighborhood Association Halloween Event Fee Waiver 9/20/2022 10/29/2022 -$1,317.00 Show Up & Love Annual Fundraiser Fee Waiver 5/16/2023 7/16/2023 -$700.00 Contemporary Asian Theatre Scene Special Screening Donation 5/16/2023 5/30/2023 -$500.00 Samuel Ayer High School Alumni AssociationAnnual Reunion Picnic Fee Waiver 6/6/2023 9/16/2023 -$1,500.00 Filipino Chamber of Commerce Business Seminar Fee Waiver 6/6/2023 6/24/2023 -$1,485.00 Total Awarded: -$10,278.00
Starting Balance $25,000.00
Remaining Balance $14,722.00
97 Item # C13.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving the Application for $301,516.00 Land and Water Conservation Fund Grant from the State Department of Parks and Recreation and Designating the Acting City Manager or Designee as the Authorized Agent on the Grant Agreement with the State of California (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 6/6/2023
Recommendation: Adopt a resolution approving the submittal of an application for Land and Water Conservation Grant Funds from the State Department of Parks and Recreation and designating the Acting City Manager or Designee as the Authorized Agent on the Grant Agreement with the State of California.
BACKGROUND:
The California Department of Parks and Recreation Office of Grants and Local Services (OGAL) strives to address California’s diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service. The Land and Water Conservation Fund (LWCF) was established by Congress in 1964 to fulfill a bipartisan commitment to safeguard natural areas, water resources and cultural heritage, and to provide recreation opportunities to all Americans. The fund helps strengthen communities, preserve history and protect the national endowment of lands and waters. On August 4, 2020, the Great American Outdoors Act (GAOA) was signed into law, authorizing $900 million annually in permanent funding for LWCF.
LWCF grants provide funding for the acquisition or development of land to create new outdoor recreation opportunities for the health and wellness of Californians.
ANALYSIS:
Per the OGAL LWCF (Program), eligible projects must be direct project costs for recreational purposes, either park acquisition or development, and can only have only have one location. Grantees must use the grant funds for the development of outdoor recreation features, supplementing planned project expenditures. The Program has a match requirement of a minimum of 50% of the total project cost. Projects serving disadvantaged communities including persons with disabilities are weighted more favorably in the grant approval process.
Considering the Program project eligibility and matching requirement, staff the only project staff felt would be competitive in this program is the completion of Delano Manongs Park Dog Park. Staff submitted a grant application on May 31st, prior to the June 1st deadline. Completion of the Delano Manongs Park Dog Park, will allow for the completion of all recreation features at the park.
Per the OGAL LWCF Program process, a Resolution approving the filing of the application packet is required.
The Resolution captures key points including but not limited to the approval of the application, certifies that the grantee has the funds to complete the applied for project, and identifies the staff designated as the authorized agent to execute grant agreements with the State of California Parks and Recreation Department.
POLICY ALTERNATIVE(S):
98 Item # C14.
Alternative 1: Do not Adopt a Resolution Approving the Application for $301,516 Land and Water Conservation Fund Grant from the State Department of Parks and Recreation and Designating the Deputy City Manager as the Authorized Agent on the Grant Agreement with the State of California
Pros: Staff will be able to work on already identified projects and work responsibilities.
Cons: Potential grant monies that could offsets to general government CIP funds allocated to the Delano Manongs Park will be received, delaying other Milpitas parks from receiving needed improvements.
Reason for Not Recommending: Potential grant monies that could offsets to other CIP funds allocated to the Delano Manongs Park would be received, delaying other CIP projects from receiving needed improvements.
FISCAL IMPACT:
There is no fiscal impact with the adoption of the Resolution. Should the grant be awarded to the City, staff will bring back to the City council a report to request acceptance of the grant and the necessary budget appropriation. Sufficient funding for this project is included as part of Project 5102 in the Adopted Capital Improvement Program.
California Environmental Quality Act (CEQA):
The City Council’s action in adopting this Resolution is exempt from environmental review pursuant to CEQA Guideline 15378(b)(4) as a governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Instead, if funding is provided, staff will look at the financial allocation and return to the City Council with a specific project or projects along with any required CEQA analysis prior to any discretionary action being taken.
RECOMMENDATION:
Adopt a Resolution Approving the Submittal of an Application for Land and Water Conservation Grant Funds from the State Department of Parks and Recreation and Designating the Acting City Manager or Designee as the Authorized Agent on the Grant Agreement with the State of California
Attachment(s):
1. Resolution
99 Item # C14.
Resolution No. (XXXXX)
RESOLUTION OF THE MILPITAS CITY COUNCIL APPROVING THE APPLICATION
FOR THE LAND AND WATER CONSERVATION FUND DELANO MANONGS DOG
PARK PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and
WHEREAS, the applicant certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State; and
NOW, THEREFORE, BE IT RESOLVED that the Milpitas City Council hereby:
1. Approves the filing of an application for Land and Water Conservation Fund assistance for the proposed; Delano Manongs Dog Park
2. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and
3. Agrees to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”
4. Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed; and
5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
6. Appoints the Acting City Manager or designee as agent of the applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project.
Approved and Adopted on the 6th day of June, 2023.
100
Item # C14.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by (Clerk) following a roll call vote:
(APPLICANT’S Governing Body)
Ayes ________
Noes ________
Absent _______
101
Item # C14.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Open the Public Hearing and Adopt Resolutions to Approve the Fiscal Year 2023- 24 Operating Budget for the City of Milpitas and the Milpitas Housing Authority, Approve the Fiscal Year 2023-24 Gann Appropriations Limit, Authorize Various Financial Actions, Fiscal Policies and Budget Guidelines, Amend the Classification Plan for Alignment with the FY 2023-24 Budget, the Minimum Wage Increase, and Salary Schedules Consistent with Previous Council Action (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; and Lauren Lai, Finance Director, 408- 586-3111)
Category: Public Hearings-Leadership and Support Services Meeting Date: 6/6/2023
Recommendation:
(1) Open the public hearing and move to close the hearing following any speakers; (2) Adopt the following Resolutions:
(a) Joint Resolution of the City Council and Milpitas Housing Authority to approve the Fiscal Year 2023-24 Operating Budget the City of Milpitas and the Milpitas Housing Authority, approve the Appropriations Limit, Fiscal Policies and Budget Guidelines and authorizing various financial actions by the City Manager, including Approving and Authorizing the Execution of Various Contracts and Payments over $100,000;
(b) Amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions;
(c) Amending Resolution No. 1626, the Classification Plan, to adjust the hourly rate ranges for classifications due to a minimum wage increase pursuant to Ordinance No. 292;
(d) Amending Resolution No. 1626, the Classification Plan of Unrepresented Management Employees and Authorizing Fringe Benefit;
(e) Amending Resolution No. 1626, the Classification Plan, to adjust the Salary Schedules for various classifications to align with the current memorandums of understandings (MOUs); and
(f) Amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions for Human Resources Manager.
Background:
This agenda report is supplemental to the FY2023-24 Proposed Operating Budget (Proposed Budget) and City Manager transmittal letter. It also incorporates the City Council May 9 and May 23 budget study sessions (May 9 and May 23 Agenda Report) and supplemental material, wherein staff presented the Proposed Budget and the General Fund 10-Year forecast, recommended changes to the fiscal policies and budget guidelines and received various Council feedback. A public hearing notice was published related to the adoption of the FY 2023-24 budget and the Gann Appropriations Limit. This proposed budget was developed with the leadership and engagement of the City Council, City management, staff and community.
Analysis:
This staff reports transmits the FY 2023-24 Proposed Budget documents, Council requested changes to the Proposed Budget from May 9 and 23rd, additional relevant information and modifications, and various resolutions related to budget adoption. This section will be summarized under four sections: (1) May 9 and 23rd Budget Study Session Direction and (2) Additional Changes Incorporated into Proposed Budget. 102
Item # 15.
May 9th and May 23rd Budget Study Sessions Direction Incorporated into the Proposed Budget:
Keep the organizational structure as-is and do not consolidate various departments in FY 2023-24:
Do not reclassify CIP Manager to Engineering Division Manager ($17,000 General Fund) Do not reclassify Transportation & Traffic Manager to Engineering Division Manager ($25,000 General Fund)
Do not add City Engineer ($322,317 General Fund)
Fund Director of Engineering for 6 months ($184,388 General Fund) Fund one (1) Fleet Maintenance Worker III ($211,000 General Fund) Fund two (2) Maintenance Worker IIs ($300,000 General Fund) Fund Building Safety & Housing Director for 6 months ($181,409 General Fund) Do not defund vacant Building Inspector ($194,705 General Fund) Do not reclassify Principal Planner to Planning Official ($75,172: $11,275 General Fund, $63,897 Other Funds)
Do not reclassify Economic Development Director to Economic Development & Housing Director ($32,500 Other Funds)
Do not reclassify Housing Authority Administrator to Housing Division Manager ($37,524: $3,566 General Fund, $33,958 Other Funds)
Other Council Direction:
Increase travel allowance for Mayor, Vice Mayor and Councilmembers ($25,000 General Fund) Delete TASP Management Analyst ($219,511 Other Funds) Fund City Black April Event ($5,000 General Fund)
Delete Library Contribution ($100,000 General Fund)
Additional Changes Incorporated into the Proposed Budget:
State Contribution (Assemblymember Lee) $150,000 – intergovernmental revenues and program appropriation for unhoused mobile shower & laundry 3-year services Adopted CIP Budget - HRIS/ERP (reduce transfer $50,000 from Water Fund and reduce project by $50,000)
Adopted CIP Budget - HRIS/ERP (reduce transfer $50,000 from Sewer Fund and reduce project by $50,000)
Adopted CIP Budget - Pickleball Project $100,000 appropriation ARPA Unallocated Funds of $298,400 used to offset General Fund for additional Maintenance Workers and Fleet Maintenance Worker
Transfer-In – General Government (partially use funds previously proposed for CIP CAO Office Renovation) $323,944
Reduce TASP Impact Fees $11,723,824
(Increase)/Decrease in CIP Reserves or Fund Balances of $11,273,958 in Other Funds
103
Item # 15.
FY 2023-24 Citywide Budget Summary (All Funds)
Incorporating the above changes, the FY 2023-24 Proposed Budget across all funds is $231.7 million and staffing of 452 funded permanent full-time equivalents (FTE).
Table 1 – FY 2023-24 Citywide Budget Summary (All Funds) Citywide Revenues (including Other Financing Sources)
Funds
FY 2023-24
Proposed Budget
General Fund $129.4
Other & CIP Funds $102.3
Total ($ million) $231.7
Citywide Expenditures
Funds
FY 2023-24
Proposed Budget
General Fund $129.4
Other & CIP Funds $102.3
Total ($ million) $231.7
As shown in Table 2 below, the FY 2023-24 Budget proposes 452 FTEs.
Table 2 – FY 2022-23 Funded Position Summary by Department
Departments
FY 2023-24
Adopted
Budget
Proposed
Changes
FY 2023-24
Proposed
Budget
City Council 5.0 5.0
City Attorney 3.0 3.0
City Clerk 2.5 0.5 3.0
City Manager 5.5 0.5 6.0
Office of Economic Development & Housing 3.0 1.0 4.0
Building Safety & Housing 31.0 (1.0) 30.0
Engineering 25.0 1.0 26.0
Finance 29.5 (0.5) 29.0
Fire 82.0 82.0
Human Resources 7.0 7.0
Information Technology 13.0 1.0 14.0
Planning 9.0 9.0
Police 127.0 1.0 128.0
Public Works 81.0 7.0 88.0
Recreation & Community Services 17.0 1.0 18.0
Total 440.5 11.5 452.0
104
Item # 15.
Table 3 – Revised Ten-Year General Fund Forecast
Based upon Council direction of May 9th and 23rd and the inclusion of the addendum above, the revised Ten- Year General Fund Forecast is presented in Table 3 below:
Citywide Organizational Charts
In accordance with May 23rd direction, the Citywide organizational charts are updated to continue the current organizational structure. Attachments to this agenda report includes all organizational charts including revised organizational charts for: citywide, city manager’s office, building safety & housing, engineering, planning, and public works.
FY 2023-24 General Fund Budget – Use of One Time Resources The Proposed Fiscal Year 2023-24 General Fund budget of $129.4 million is balanced with the use of one-time resources including ARPA funding ($298,400), General Government CIP ($323,944 of proposed CIP CAO Renovations) and library contribution savings ($100,000) and funding only 6 months of both the Engineering Director ($184,388) and Building Safety & Housing Director positions ($181,409).
Budget and Other Resolutions
The FY 2023-24 Budget and related recommendations are approved by various resolutions as discussed below.
Budget Adoption Joint Resolution
With the adoption of the attached Joint Resolution of the City Council and Milpitas Housing Authority, the City Council approves the FY 2023-24 Operating Budget for the City of Milpitas and the Milpitas Housing Authority as amended in this staff report per previous Council direction. Further, through the joint resolution, the Council also approves the Gann Appropriations Limit, fiscal policies and authorizes various financial actions, including the authority to award certain contracts with amounts above $100,000, the City Manager may take during FY 2023-24. The staff report for the May 9, 2023 budget study session details the fiscal policy and budget guideline and City Manager authority recommendations.
An attachment to the joint budget resolution identifies a list of contracts with an estimated not-to-exceed amount above the City Manager’s contract approval authority of $100,000 as well as annual payments in excess of $100,000 for insurance and utilities. Funding for these contracts has been incorporated into the proposed budget and/or the approved five year CIP. As part of the adoption of this budget, staff is seeking authority to award these contracts and make certain payments. The list includes annual routine contracts (e.g.:
PLAN JPA insurance premiums), contracts with specific funding items related to this budget (e.g.: Valley Water wholesale water purchase), and contracts related to capital improvement projects.
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Item # 15.
The Gann Appropriations Limit – Article XIIIB of the California State Constitution, more commonly referred to as the Gann Initiative or Gann Appropriations Limit, was approved by California voters in November 1979 and placed limits on the amount of proceeds of taxes that state and local governmental agencies can receive and spend each year. If an agency receives more revenue than the Appropriations Limit, the excess revenue must be returned to the taxpayers through a tax reduction or refund within the next two years. Alternatively, the agency can increase its Appropriations Limit through voters’ approval.
Based on the attached analysis, using the population and per capita personal income change factors provided by the State of California, the City’s Appropriations Limit for FY2023-24 has been computed to be $135,124,537. Appropriations subject to the limitation in FY2023-24 budget total $95,123,436 which is $40,001,101 less than the computed limit. The City has not exceeded its annual Appropriations Limit in any single fiscal year since this requirement was approved by the voters in 1979.
Personnel Related Resolutions
Based on the FY 2023-24 Proposed Budget as amended in this agenda report based on Council direction, staff is bringing forward several personnel related resolutions to amend the classification plan for all employees as it relates to authorized positions, changes to hourly rate ranges for certain classifications due to an increase in the City’s minimum wage, and salary schedule amendments based on previous Council direction consistent with MOUs for the various bargaining groups.
Authorized positions – This resolution aligns the number of positions on the Authorized Position List and amends specific budgeted positions consistent with the FY 2023-24 Proposed Budget by adding 11.5 net additional budgeted FTEs.
Minimum Wage Adjustments – This resolution adjusts the hourly rate ranges upwards for various classifications with the bottom of the hourly range set at the new minimum wage and compacted supervisory positions effective July 1, 2023. Consistent with the City Council approved ordinance, the minimum wage is scheduled to increase by $0.80 from $16.40 to $17.20 by July 1, 2023 based on the February 2023 annual CPI increase for the San Francisco, Oakland, San Jose Metropolitan Statistical Area.
Salary Schedules for Council Approved Wage Increases – This resolution is required per the California Code of Regulations § 570.5. Per State law, the City is required to bring all pay schedules before the governing board for review and approval. The updated salary schedules reflect a contractual 2% wage increase effective July 2, 2023 for employees represented by the Mid-Management and Confidential Unit (MidCON) and Unrepresented Miscellaneous and Unrepresented Management employees and 2.5% for Milpitas Police Officers Association (MPOA) and Unrepresented Police employees. The International Association of Firefighters (IAFF) contractual 2% wage increase and related Unrepresented Fire employees will be updated effective at the beginning of January 2024.
Fiscal Impact:
The FY 2023-24 Budget for City of Milpitas and the Milpitas Housing Authority, upon adoption, for all funds including debt service, will be $231.7 million.
Recommendations:
1) Open the public hearing and move to close the hearing following any speakers. 2) Adopt the following Resolutions:
a. Joint Resolution of the City Council and Milpitas Housing Authority to approve the Fiscal Year 2023-24 Operating Budget the City of Milpitas and the Milpitas Housing Authority, approve the Appropriations Limit, Fiscal Policies and Budget Guidelines and authorizing various financial actions by the City Manager, including Approving and Authorizing the Execution of Various Contracts and Payments over $100,000.
b. Amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions.
c. Amending Resolution No. 1626, the Classification Plan, to adjust the hourly rate ranges for classifications due to a minimum wage increase pursuant to Ordinance No. 292. 106
Item # 15.
d. Amending Resolution No. 1626, the Classification Plan of Unrepresented Management Employees and Authorizing Fringe Benefits
e. Amending Resolution No. 1626, the Classification Plan, to adjust the Salary Schedules for various classifications to align with the current memorandums of understandings (MOUs). f. Amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions for Human Resources Manager.
Attachments:
1. Addendum Summary
2. Revised Organizational Charts
3. Joint Resolution of the City Council and Milpitas Housing Authority to approve the Fiscal Year 2023-24 Operating Budget the City of Milpitas and the Milpitas Housing Authority, approve the Appropriations Limit, Fiscal Policies and Budget Guidelines and authorizing various financial actions by the City Manager, including Approving and Authorizing the Execution of Various Contracts and Payments over $100,000.
4. Joint Resolution Exhibit 1 FY23-24 Gann Limit
5. Amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions.
6. Amending Resolution No. 1626, the Classification Plan, to adjust the hourly rate ranges for classifications due to a minimum wage increase pursuant to Ordinance No. 292.
7. Amending Resolution No. 1626, the Classification Plan of Unrepresented Management Employees and Authorizing Fringe Benefits
8. Amending Resolution No. 1626, the Classification Plan, to adjust the Salary Schedules for various classifications to align with the current memorandums of understandings (MOUs).
9. Amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions for Human Resources Manager.
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Item # 15.
FY23-24 Proposed Budget Addendum ATTACHMENT 1
No. Appropriation Items General Fund Other Funds Total FTE Change 1 Do not re-classify CIP Manager to Engineering Division Manager $ (17,000) $ (17,000) 2 Do not re-classify Transportation and Traffic Manager $ (25,000) $ (25,000) 3 Do not add City Engineer $ (322,317) $ (322,317) (1) 4 Fund Director of Engineering for 6 months $ 184,388 $ 184,388 1 5 Fund (1) Fleet Maintenance Worker III $ 211,000 $ 211,000 1 6 Fund (2) Maintenance Workers $ 300,000 $ 300,000 2 7 Fund Building Safety and Housing Director for 6 months $ 181,409 $ 181,409 1 8 Fund a Building Inspector $ 194,705 $ 194,705 1 9 Do not re-classify Principal Planner to Planning Official $ (11,275) $ (63,897) $ (75,172) 10 Do not reclassify Economic Development Director to Economic Development & Housing Director $ - $ (32,500) $ (32,500) 11 Do not reclassify Housing Authority Administrator to Housing Division Manager $ (3,566) $ (33,958) $ (37,524) 12 Increase travel allowance for each Council member by $5,000 $ 25,000 $ 25,000 13 Delete TASP Management Analyst $ (219,511) $ (219,511) (1) 14 Fund Black April event $ 5,000 $ 5,000 15 Library Contribution Savings $ (100,000) $ (100,000) 16 State Contribution (Assemblymember Lee) - General Govenment $ 150,000 $ 150,000 17a Adopted CIP - HRIS/ERP (water funding ) reduce transfer $ (50,000) $ (50,000) 17b Adopted CIP - HRIS/ERP (water funding ) - reduce project $ (50,000) $ (50,000) 18a Adopted CIP - HRIS/ERP (sewer funding) reduce transfer $ (50,000) $ (50,000) 18b Adopted CIP - HRIS/ERP (sewer funding) reduce project $ (50,000) $ (50,000) 19 Adopted CIP - Pickleball $ 100,000 $ 100,000 20 ARPA Unallocated Funds - offset Gen Fund for additional Maintenance Workers and Fleet Maintenance Worker $ (298,400) $ (298,400) Total Addendum 473,944$ (449,866)$ 24,078$ 4 Proposed Budget FY23-24128,932,671$ 102,786,531$ 231,719,202$ Addendum Budget FY23-24129,406,615$ 102,336,665$ 231,743,280$ No. Revenue Items General Fund Other Funds Total
1 Transfer - In General Government CIP (partially use funds previously proposed for CIP - CAO Office Renovation) $ 323,944 $ 323,944 2 TASP Impact Fees $ (11,723,824) $ (11,723,824) 3 State Funded Intergovernmental Revenues (Assemblymember Lee) - unhoused services (mobile laundry & shower, 3-year contract) $ 150,000 $ 150,000 4 (Increase)/Decrease in CIP Reserves or Fund Balance $ 11,273,958 $ 11,273,958 $ -
Total Addendum 473,944$ (449,866)$ 24,078$ Proposed Budget FY23-24128,932,671$ 102,786,531$ 231,719,202$ Addendum Budget FY23-24129,406,615$ 102,336,665$ 231,743,280$ Change in Full-Time Equivalent (FTE) #
Proposed net added FTE 7.5
Addendum net add 4
Addendum Proposed, net added FTE 11.5
Proposed FTE FUNDED 448
Addendum FUNDED 4
Addednum Proposed, FTE FUNDED 452
Proposed FTE ALL PERMANENT 454.75
Addendum ALL PERMANENT 4
Addednum Proposed, FTE PERMANENT 459
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Item # 15.
I I Deputy City Manager Economic Development
Matt Cano Director --
(1) Alex Andrade
(1)
Economic Development
� Coordinator
(1)
Economic Development
� Specialist
(1)
Economic Development
� Specialist
(0.3)
� Admin Analyst II
(1)
New FY23-24
Move
Reclass
Defunded FY 23-24
Defunded FY 21-22 -----------------------1· Temp
Acting City Manager
Ashwin, Kantak
(1)
I Assistant City Manager
Ashwini Kantak
(1)
I Public Information Officer
Charmaine Angelo
(1)
I
Student Intern
(0.5)
---
I I City Clerk Senior Executive Assistant
Suzanne Guzzetta Rachelle Currie
(1) (1)
I - Deputy City Clerk Office Specialist
(1) (1)
Office Assistant - (0.5)
Office Assistant -
(0.5)
Permanent FTE (13)
Temporary FTE (0.8)
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RESOLUTION NO. ____
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AND THE
HOUSING AUTHORITY COMMISSION OF THE CITY OF MILPITAS APPROVING THE FY 2023-24 OPERATING BUDGET FOR THE CITY OF MILPITAS AND THE MILPITAS HOUSING AUTHORITY, THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-24,
FISCAL POLICIES, AND BUDGET GUIDELINES, AND AUTHORIZING VARIOUS
FINANCIAL ACTIONS BY THE CITY MANAGER, INCLUDING APPROVING AND
AUTHORIZING THE EXECUTION OF VARIOUS CONTRACTS AND PAYMENTS OVER $100,000
WHEREAS, the City Manager has submitted a FY 2023-24 Proposed Budget and Financial Plan; and
WHEREAS, on June 6, 2023, a public hearing on the Proposed Budget and Financial Plan was opened where all interested persons were heard; and
WHEREAS, the City Council and Milpitas Housing Authority Commission (“Authority”) reviewed the City Manager’s FY 2023-24 Proposed Budget and Financial Plan; and WHEREAS, the first year, or FY 2023-24, of the CIP is a part of the 2023-24 Proposed Budget and Financial Plan; and
WHEREAS, Article XIIIB, Section 1, of the Constitution of the State of California requires that total annual appropriations subject to limitation of the City of Milpitas shall not exceed the appropriations limit of the City for the prior year adjusted for changes in the cost of living and population except as otherwise provided, also referred to as the Gann Appropriations Limit; and WHEREAS, this Article became effective July 1, 1980, as amended, which requires the City to establish its appropriations limit by resolution each year at a regularly scheduled meeting or a noticed special meeting, commencing after the beginning of each fiscal year; and WHEREAS, the appropriations base for 1978-79 had been determined and since adjusted by the changes in population, cost of living, and transfers of financial responsibility, establishing an appropriations limit for fiscal year 2023-24 of $$135,124,537; and WHEREAS, the calculations for the appropriations limit are included as part of the budget document materials being considered and approved by the City Council as part of this Resolution; and WHEREAS, documentation used in determining the appropriations limit has been made available to the public for a period of not less than fifteen (15) days prior to City Council consideration of this Resolution; and
WHEREAS, the budget document contains fiscal policies that the City Council has reviewed and approved and which are updated from time to time, as follows: General Financial Goals, Operating Budget Policies, Revenue and Expenditure Policies, Utility Rates and Fees, Capital Budget Policies, Debt Policies, Reserve Policies, Investment Policies, and Accounting/Auditing and Financial Rep orting Policies; and
WHEREAS, the budget document contains budget guidelines that the City Council has reviewed and approved and which are updated from time to time, as follows: Basis of Budgeting; Budget Calendar requirements; form and content of the City Manager's Proposed Budget; adoption of the Budget by June 30th; the City Manager’s budget authority; requirement that budget amendments be approved by the City Council; budget transfers and modification procedures; automatic adjustments and re -appropriations; budget monitoring and reporting; and reserve requirements for all funds. 122
Item # 15.
Resolution No. ___ 2
NOW, THEREFORE, the City Council of the City of Milpitas and the Milpitas Housing Authority Commission hereby find, determine, and resolve as follows:
1. The City Council and A uthority have considered the full record before them, 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 them. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The annual Budget and Financial Plan, as attached in the City Council meeting packet, inclusive of capital improvement appropriations, for the City of Milpitas for fiscal year 2023-24 is hereby affirmed and adopted totaling $231,743,280 for all appropriated funds.
3. The amounts shown as “Appropriations” and estimated fund balances are hereby approved for the various purposes designated in the 2023-2024 Adopted Budget.
4. The budgets for all departments for the period July 1, 202 3 through June 30, 202 4, inclusive, contained in this 2023-24 Adopted Budget, are approved as the operating budget for those departments for fiscal 2023-24.
5. The appropriations limit for fiscal year 2023-2024 shall be $ $135,124,537 as shown in Exhibit 1.
6. Pursuant to Government Code Section 7910, no judicial action or proceeding to attack, review, set aside, void, or annual the action of the City Council in establishing the appropriations limit for fiscal year 2023-2024 shall be brought unless such action or proceeding shall have been commenced within forty-five (45) days of the date of adoption of this Resolution.
7. Any unused non-salary and benefits-related appropriations at the end of fiscal 20 22-2023 may be re-appropriated for continued use in fiscal year 2023-24 subject to the approval of the City Manager. Furthermore, any outstanding contract and/or purchase order obligations (or encumbrances) remaining at the end of FY 2022-2023 are subject to carry-over into FY 2023-24.
8. Subject to any grant restrictions, unspent appropriations that are authorized and funded by grant revenues from prior fiscal year will automatically be carried over to current year’s budgets.
Unspent City funded grant appropriations from prior fiscal year will automatically be carried over to the current year’s budgets.
9. As part of year -end closing of the budget, previously appropriated capital project funds will be automatically carried forward to the next fiscal year for the same capital project until the project is closed out.
10. No office, department, or agency shall expend any amount or incur any liability or enter into any contract, which by its terms involves expenditures of money for any purpose in excess of the amounts appropriated for the particular departments, and funds set forth herein.
11. The City Manager may authorize, when in his or her judgment such action is consistent with the purposes and intent of the 2023-2024 Adopted Budget as approved, budget revisi ons subject to the following conditions:
Prior Council Approval Not Required. Prior approval of the City Council is not required under the following circumstances:
i. When revisions involve transfers from the Unanticipated Expenditure Reserve less than or e qual to the aggregate amount adopted within the budget in any one fiscal year ($1,260,000 in FY 2023-24), provided that the Council is notified in writing of the revision, giving the reason, the amount of the revision and the year -to-date total amount of revisions as part of the quarterly financial reports.
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Item # 15.
Resolution No. ___ 3
ii. When revisions involve transfers from the appropriated leave cash-out account less than or equal to the aggregate amount adopted within the budget in any one fiscal year ($650,000 in FY 2023-24) to the various departments for cash -outs when employees leave City service.
iii. When revisions involve transfers, or reallocations, within any one fund among the various departments or projects, provided that the amount of transfer in any single instance does not exceed $100,000.
iv. When revisions involve reasonable deviation from the budgeted personnel allocation schedule, provided that at no time the number of permanent funded positions authorized by the City Council is exceeded.
v. When revisions involve hiring full -time employees in overstrength positions for no more than one year as long as appropriations are not exceeded to ensure adequate staffing levels for sworn positions, facilitate training of new employees by the outgoing incumbent or respond to urgent staffing needs.
vi. When revisions involve adding/deleting positions or moving positions between departments to respond to organizational needs, as long as the number of permanent funded positions and the approved personnel cost appropriations remain the same. vii. When re visions involve allocating, redistributing and/or appropriating monies between department and non-department divisions so as to reflect budgetary savings in one or more departments.
viii. For Police goods and services to be purchased from Asset Seizure funds, the City Manager or his/her designee, has the authority to purchase such goods or services if the expenditures of such goods and services do not exceed the amount designated from Asset Seizure funds as approved by the City Council during the Budget hearing. ix. To use judgment to modify citywide administrative financial policies and procedures from time to time that are consistent with municipal government best practices unless those policies would otherwise be in conflict with the budget provisions incorporated in this Resolution or the City’s Municipal Code.
x. Exhibit 2 lists contracts and payments that are specifically identified in the budget document and materials enclosed herein. None of these contracts require a formal, public bidding process. The list of contracts and payments is hereby approved and the City Manager is authorized to execute and enter into these contracts and make these payments during fiscal year 2023-24 up to the amounts listed by contract or payment in Exhibit 2.
12. Prior Council Approval Req uired. Prior approval of the City Council is required for revisions to the 2023-2024 Final Budget as adopted if any of the following are involved:
i. An increase in overall appropriation level within any one Fund. ii. The transfers or reallocation of appropriations greater than $100,000 between different Funds, except not for reallocations between subfunds within one Fund. iii. Changes providing for increases or decreases in funded permanent personnel counts in the adopted Budget.
iv. Contract change orders which would cause the aggregate contract amount to exceed $100,000 and/or exceed prior approved appropriation levels for the subject contract. 124
Item # 15.
Resolution No. ___ 4
v. Transfers from Unanticipated Expenditure Reserve, which would cause the aggregate amount of $1,270,000 during fiscal year 2023-24, to be exceeded. vi. Result in changes not consistent with the purpose and intent of the Budget as adopted.
vii. Require an appropriation action from any unassigned fund balances or reserves.
13. Information establishing the current budget situation and steps to be taken to present balanced City Budgets have been presented during the public hearing on this meeting June6, 2023, and in prior budget presentations.
14. The approval of the 2023-24 Adopted Budget, including the authority to enter into any contract, make payments, or undertake other actions, does not commit the City to any action that may have significant effect on the environment. This is because the actions are financial or administrative and do not directly impact the environment or the environmental impacts of any action would be speculative to analyze at this time. As a result, there is no potential impact on the environment from this action per Section 15061(b) (3) of the California Environmental Quality Act (“CEQA”) Guidelines and this action does not constitute a project under CEQA per CEQA Guidelines Section 15378(b)(4). Although the budget does authorize certain types of contracts to be entered into, none are anticipated to have any environmental impact at the time of entering into the contract, and if ultimately leading to a project that could impact the environment, the impacts of that action will be analyzed once the project is designed and the analysis is no longer speculative.
PASSED AND ADOPTED this ______ day of _________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
____________________________ ______________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
____________________________
Michael Mutalipassi, City Attorney
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Item # 15.
Gann Appropriations Limit Analysis
Article XIIIB of the California State Constitution, more commonly referred to as the Gann Initiative or Gann Appropriations Limit, was approved by California voters in November 1979 and placed limits on the amount of proceeds of taxes that state and local governmental agencies can receive and spend each year. If an agency receives more revenue than the Appropriations Limit, the excess revenue must be returned to the taxpayers through a tax reduction or refund within the next two years. Alternatively, the agency can increase its Appropriations Limit through voters’ approval.
Each year’s limit is based on the amount of tax proceeds that were authorized to be spent in Fiscal Year 1978-79 in each agency, modified for changes in inflation and population in each subsequent year. The City Council must adopt, by resolution, an Appropriations Limit for the following year. Using the population and per capita personal income change factors provided by the State of California, the City’s Appropriations Limit for FY2023-24 has been computed to be $135,124,537. Appropriations subject to the limitation in FY2023-24 budget total $95,123,436 that is $40,001,101 less than the computed limit.
The following chart shows the annual Appropriations Limit and the tax proceeds received since Fiscal Year 2014-15. The amounts for Tax Proceeds have been restated to exclude Franchise Fees, which were inadvertently included in the past, which is inconsistent with the law. The City has not exceeded its annual Appropriations Limit in any single fiscal year. The City has been under 80% of the limitation and should not be impacted by the Appropriations Limit.
Fiscal Years
In Millions
City of Milpitas Annual Appropriations Limit
14-1515-1616-1717-1818-1919-2020-2121-22 '22-2323-24
0 50
100
150
Limit Tax Proceeds
*In prior years, Franchise Fees were inadvertently included in the calculation of the tax proceeds, which is inconsistent with the law. This chart has been corrected to show only tax proceeds subject to the limit.
Financial Information
City of Milpitas 1
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Item # 15.
Approval of FY 2023-2024 Budget Contracts/Payments over $100,000
1. FY 2023-24 Operating Budget
Department Name Contractor Name
(If known) or Type
of Contract
Description of Contract/Payment Estimated
Amount
Funds
City Attorney Meyers Nave, a
Professional
Corporation
Contracted outside Legal Services $150,000 General Fund
Building Safety &
Housing Dept.
WeHOPE (Dignity
on Wheels) - PSA
Mobile Shower & Laundry Services for
Unhoused Individuals (3 years)
$150,000 Assemblymember
Alex Lee's State
Funding
Finance PLAN JPA Liability/Cyber Insurance $2,859,393 General Fund Water Fund Sewer
Fund Housing
Authority Fund
Equipment Fund
Finance PLAN JPA Attorney Fees for Claims/Lawsuits $391,500 General Fund Water Fund
Sewer Fund
Finance PG&E Utility - Electric $2,415,702 General Fund Sewer Fund Water
Fund
Finance Chandler Investment Portfolio Management $162,000 General Fund Finance Integrys Utility - Gas $226,300 General Fund
Human Resource Brown & Brown Excess Insurance $388,136 General Fund Human Resource Sedgwick Third Party Administrator for Worker’s Compensation
$142,044 General Fund
Information
Technology
(Finance)
Cayenta Cayenta Software Maintenance $288,806 General Fund Information
Technology
CDW-G Microsoft Office 365 Licensing $167,000 General Fund Information
Technology
Central Square Tritech Police - VisiCAD / Software
Maintenance
$167,890 General Fund
Police
County of Santa
Clara
Crime Lab Major Case Evidence
Examination $172,117 General Fund
Police
Silicon Valley
Regional
Interoperability
Authority
Silicon Valley Regional
Communications Systems (SVRCS) -
Annual Operations and Maintenance
for digital radio system $129,715 General Fund
Police
County of Santa
Clara Cal-ID $141,676 General Fund
Police
Axon Enterprise,
Inc.
Police Body Worn Cameras / Tasers /
Cloud Storage $183,235 General Fund
Public Works SFPUC
FY 2023-2024 Wholesale Water
Purchase $15,246,004 Water Fund
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Item # 15.
Public Works City of San Jose FY 2023-2024 WPCP - O&M $7,568,416 Sewer Fund Public Works Valley Water
FY 2023-2024 Wholesale Water
Purchase $6,081,965 Water Fund
Public Works City of San Jose
FY 2023-2024 Recycled Water
Purchase $2,267,974 Water Fund
Public Works Brightview Park maintenance services
$1,325,827.13
General Fund /
CFD
Public Works Vehicle Purchases
Purchase of new and replacement
equipment and vehicles for aging
Public Works fleet. $836,956
General Fund
Water Fund
Sewer Fund
Equipment Fund
Public Works
Merrimac
Petroleum Inc. FY 2023-2024 Diesel & Unleaded Fuel $575,620 Equipment
Replacement
Fund
Public Works
West Coast
Arborist Tree maintenance services $480,000
General Fund /
CFD
Public Works Nova Janitorial services $388,133 General Fund Public Works
Enterprise FM
Trust FY 2023-2024 Fleet Lease Agreement $168,000 General Fund Public Works City of Sunnyvale
Santa Clara Valley Urban Runoff
Pollution Prevention Program $153,892 General Fund
Public Works Brightview Facilities landscape maintenance $116,260 General Fund Public Works BAWSCA
Bay Area Water Supply and
Conservation Agency (BAWSCA)
membership $168,714 Water Fund
Public Works Our City Forest
Our City Forest Lawn Conversion
Program $120,000
Water Capital
Surcharge / CIP
7126 Water
Conservation
Program
Public Works Tucker Encampment Clean-Up $100,000 General Fund Recreation
County of Santa
Clara "SNP" Senior Nutrition Program $103,066 GT1007-162-4226
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Item # 15.
2. FY 2023-24 Capital Improvement Program (CIP) Budget
Department
Name
CIP Project No. &
Name
Description of Contract Estimated
Amount
Funds
Community
Improvements
CIP 3403 - Fire
Station
Improvements
Replacement of overhead door operators at
the apparatus bays of Fire Stations 1, 3, and
4. $500,000
General Gov. CIP
Fund
Community
Improvements
CIP 3406 - City
Building
Improvements
Replacement of storefront door and
installation of door badging system at the
Community Center; and replacement of the
automated gate operators, lockers and high
security storage cabinets in the evidence
room, and reconfiguration of the report
writing room at the Police Department. $730,000
General Gov. CIP
Fund
Community
Improvements
CIP 3422 - Roof
Repairs
Design of roof replacement at the
Community Center building and the
replacement of the metal roof at the City
Library. $350,000
General Gov. CIP
Fund
Community
Improvements
CIP for Median
Conversion
Project
Construction services for first conversion
phase for median conversion project. $300,000
General Gov. CIP
Fund
Community
Improvements
CIP 3438 - Annual
Tree
Replacement
Program
Ongoing replacement of City-owned trees
that have been removed since last major
planting cycle. $100,000
General Gov. CIP
Fund
Community
Improvement
CIP 3506 -
Watershed
Analysis
New Design/Professional Services
Agreement to obtain a consultant to furnish
a watershed analysis based on FEMA CRS
requirements. This would help maintain the
City’s Federal Emergency Management
Agency (FEMA) Community Rating System
(CRS) Class 7 Rating. $150,000
General Gov. CIP
Fund
Community
Improvement
CIP 3465 - Fire
Station No. 1
Modular Building
New Design/Professional Services
Agreement to obtain a consultant to
provide design services for the replacement
of modular building and improvements at
Fire Station No.1. $250,000
General Gov. CIP
Fund
Park
Improvement
CIP 2005 Lower
Penitencia Creek
Pedestrian Bridge
New Design/Professional Services
Agreement with Biggs Cardosa and
Associates to provide design services for a
new pedestrian bridge at Delano Manongs
Park. $200,000
TASP Impact Fees
Developer Fees
Park
Improvement
CIP 3424 -
Citywide Park
Rehabilitation
Repairing various trails and asphalt
pathways; replacing site furnishing at
various parks, fence repairs at Sports
Center Complex, Dixon Landing Park, and
Peter Gill Memorial Park; and on-call
service contract for playground repairs. $600,000 Park Fund 129
Item # 15.
Park
Improvement
CIP 3491 Cardoza
Park Softball
Fields
Improvement
New Design/Professional Services
Agreement to obtain a consultant to
provide design services including
community outreach and environmental
review for new softball fields at Cardoza
Park. $500,000
General Gov. CIP
Fund, Park
Improvement Fund
Park
Improvement
CIP 3505 - Sports
Center Football
Bleacher
Replacement
New Design/Professional Services
Agreement to obtain a consultant to
provide design services for the replacement
of home field football bleachers including
ADA path of travel improvements at the
Sports Center Complex. $150,000 Park Fund
Park
Improvement
CIP 5108 - Sports
Fields Turf
Rehabilitation
Program
Rehabilitation of the infields and warming
tracks at Dixon Landing and Peter Gill
Memorial Parks and soccer fields at Murphy
Park. $300,000 Park Fund
Park
Improvement
CIP 5113 - Minor
Sports Courts
Rehabilitation
Program
Resurfacing and restriping of tennis courts
at Dixon Landing, Browne, and Pinewood
Parks. $155,000 Park Fund
Sewer
Improvement
CIP 6137 - Forca
Main "A" Project
Sanitary Sewer
Cathodic
Protection
Improvements
Design/Professional Service Agreement to
obtain a consultant to provide an
assessment of the sewer force main "A"
from Milpitas Main Sewer Lift Station to
San Jose/Santa Clara Regional Waste Water
Facility. $1,500,000
Sewer Infrastructure
Fund, Sewer Fund
Street
Improvement
CIP 2016 S.
Milpitas Blvd.
Vehicle Bridge at
Penitencia
New Design/Professional Services
Agreement with Cornerstone Structural
Engineering group, Inc. to provide design
services for a new vehicle bridge over
Penitencia Creek including the roadway
between Sango Ct. and Tarob Ct. $700,000 TASP Impact Fees Street
Improvement
CIP 2016 S.
Milpitas Blvd.
Vehicle Bridge at
Penitencia
New Design/Professional Services
Agreement with Artik to provide design
services for artwork on the new vehicle
bridge over Penitencia Creek. $400,000 TASP Impact Fees Street
Improvement
CIP 2016 S.
Milpitas Blvd.
Vehicle Bridge at
Penitencia & CIP
2018 Montague
Ped. Overcrossing
at Penitencia
Amendment to the Professional Service
Agreement between the City and David J.
Powers & Associates for additional
environmental review and permitting, and
update the Initial Study and Mitigated
Negative Declaration. The aggregate
contract amount exceeds $100,000. $150,000 TASP Impact Fees Street
Improvement
CIP 3426 - Annual
Sidewalk, Curb,
and Gutter Repair
Construction contracts for repair and
replacement of sidewalk, curb, and gutters. $890,000 Gas Tax Fund 130
Item # 15.
Street
Improvement
CIP 3440 - Annual
Street Light,
Signal, and
Signage
Ongoing replacement of street signs,
streetlights, traffic signal cameras, cabinets,
and battery backup system upgrades. $825,000 Gas Tax Fund Street
Improvement
CIP 3449 - Street
Landscape
Irrigation Repair
Repairs of irrigation controllers, pipelines,
and valves. $320,000
General Gov. CIP
Fund
Street
Improvement
CIP 4267 -
Soundwall and
Barrier Repair
and Renovation
Program
Improvements to various Citywide
soundwall and barriers per condition
assessment of City-owned soundwalls and
barriers. $210,000
Street Improvement
Fund
Street
Improvement
CIP 4295 - Street
Pavement
Restriping
Program
Construction contract for repair and
thermal striping in high traffic areas and
button marker replacement. $200,000 Gas Tax Fund
Street
Improvement
CIP 4299 Bicycle
Improvement
Project
New Design/Professional Services
Agreement to obtain a consultant to
provide design services for bike lane
enhancements, such as green bike lane,
enhanced bike signage, and/or separate
bike facility.
$200,000
Grant
Water
Improvement
CIP 7076 - Well
Upgrade Project
New Design/Professional Services
Agreement with West Yost to provide
design services for new potable water well
facilities at Delano Manongs Park. $2,000,000
Water Capital
Surcharge
Storm Drain &
Water
Improvement
CIP 7118 -
Dempsey Water
Line Project
New Design/Professional Services
Agreement to obtain a consultant to
provide design services for the replacement
of the water main on Dempsey Road. $900,000
Water Capital
Surcharge
Water
Improvement
CIP 7133 Minor
Water Projects
Installation of the suction piping for booster
pump at Gibraltar Reservoir, replacement
of check valves at Yosemite and Ames at S.
Milpitas; construction of Sunnyhills Turnout
Rehab project; design of California Circle
and Fire Station 1 Pressure Reducing
Station upgrades; security gate upgrades at
Ayer Reservoir; pavement repairs and
painting of the building at
Tularcitos/Country Club Reservoir; and
building and concrete improvements at
Minnis Reservoir. $2,106,000
Water Capital
Surcharge
Water
Improvement
CIP 3709 -
Dempsey Storm
Drain Line Project
New Design/Professional Services
Agreement to obtain a consultant to
provide design services for storm drain
improvements on Dempsey Road. $500,000 Storm Drain Fund 131
Item # 15.
Sewer
Improvement
CIP 6118 SJ - SC
Regional Waste
Water Facility
City of Milpitas cost share amount with City
of San Jose for rehab improvements to RWF $9,770,000
Sewer Infrastructure
Fund, Sewer
Treatment Fund
Sewer
Improvement
CIP 6124 - Sewer
Pump Station
Rehabilitation
Program
Installation of the hold structure for the
grinders and replacement of variable
frequency drives at the Main Lift Station. $575,000
Sewer Infrastructure
Fund
Storm
Improvement
CIP 3714 - Flap
Gate
Replacement
Design and installation of flap gates at Hall
Park Lagoon and Penitencia Creek and to
retain construction management services to
manage the installation. $400,000 Storm Drain Fund
Storm
Improvement
CIP 3715- Storm
Drain System
Rehabilitation
Improvement of the wet well and
installation of liner in the concrete ditch
behind Friendly Village Mobile Home Park
to prevent flooding and to hire a consultant
to manage the permitting and construction
of the project. $1,558,000
Storm Drain Fund
General Fund
Public Safety
CIP 3459 - ALPRs
and Security
Cameras ALPR cameras-Flock Safety $156,000
General
Government CIP
Fund, Grants/
Reimb./Developer
Fees
Public Safety
CIP 3423 - Police
Records
Management
System
Police Records Management
System-Mark43 $162,476
General Fund,
General
Government CIP
Fund
Community
Improvement
CIP 3503 -
Landmark Policy -
Historic Resource
Master Plan
Update and
Marker Program
Consultant for Update to Historic & Cultural
Resources Plan $150,000
General Government
CIP Fund
132
Item # 15.
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING RESOLUTION NO. 1626, THE CLASSIFICATION PLAN, TO AUTHORIZE ADDITIONAL POSITIONS, AND AMEND
BUDGETED ALLOCATED POSITIONS
WHEREAS, the City of Milpitas has a Classification Plan adopted as Resolution No. 1626 on December 17, 1968, which has been amended from time to time, and which is in accordance with the Personnel Rules and Regulations of the City of Milpitas (Resolution No. 792 as amended); and
WHEREAS, amendments to the Classification Plan are necessary to account for changes within the organization, transfer of duties, new job responsibilities, and adjustments to salary ranges; WHEREAS, pursuant to the Personnel Rules and Reg ulations Section 2.04, the City Manager/Personnel Officer has the authority to add, delete, or revise classifications approved by Council so long as these changes do not involve a change to the overall compensation range, and as such the City Manager authorized defunding one Digital Media Specialist and adding one Information Technology Analyst in FY 2022-23;
WHEREAS, the annual budget process necessitates changes in position authorizations that result from modifications made to the Classification Plan.
NOW THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff repo rt, 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. Resolution No. 1626, as amended, is hereby further amended effective July 1, 2023 as set forth below. If any of the below-mentioned groups or classifications receive a cost-of-living adjustment separate from the adoption of the 2023-24 budget, that same percentage amount and effective date will be applied accordingly pursuant to the applicable bargaining unit agreement(s) for the below -listed classification salary ranges by further Resolution.
A. AUTHORIZE THE FOLLOWING POSITIONS:
Add One (1) Office Specialist – City Manager’s Office
Add One (1) Administrative Analyst I/II – Office of Economic Development Add One (1) FTE Police Lieutenant – Police Department (2-year limited term) Add One (1) FTE Cross Connection Specialist – Public Works Department Add One (1) FTE Environmental Inspector - Public Works Department Add One (1) FTE Public Works Inspector – Engineering Department Add One (1) FTE Equipment Maintenance Worker I/II – Public Works Department Add One (1) FTE Fleet Maintenance Worker III- Public Works Department Add One (1) FTE SCADA and Instrumentation Control Technician – Public Works Department Add One (1) FTE Recreation Services Supervisor - Recreation and Community Services Department Add Two (2) FTE Maintenance Workers I/II - Public Works Department Add One (1) FTE Maintenance Worker III – Public Works Department
B. RECLASSIFY THE FOLLOWING BUDGETED ALLOCATED POSITIONS:
Reclassify One (1) FTE Customer Service Supervisor to Finance Manager – Finance Department Reclassify One (1) FTE Public Works Manager to Public Works Manager – Utilities – Public Works Department
133
Item # 15.
C. RETITLE THE FOLLOWING BUDGETED ALLOCATED POSITIONS:
Retitle Community Services Engagement & Inclusion Administrator to Assistant Director Recreation and Community Services
D. DELETE/DEFUND THE FOLLOWING BUDGETED ALLOCATION POSITIONS:
Defund One (1) FTE Maintenance Worker I/II (add/delete - linked to Maintenance Worker III above)
PASSED AND ADOPTED this ______ day of _________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
__________________________ ______________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
___________________________
Michael Mutalipassi, City Attorney
134
Item # 15.
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING RESOLUTION NO. 1626, THE CLASSIFICATION PLAN, TO ADJUST HOURLY RATE RANGES FOR CLASSIFICATIONS DUE TO A MINIMUM WAGE INCREASE PURSUANT TO ORDINANCE NO. 292 WHEREAS, the City of Milpitas has a Classification Plan adopted as Resolution No. 1626 on December 17, 1968, which has been amended from time to time, and which is in accordance with the Personnel Rules and Regulations of the City of Milpitas (Resolution No. 792 as amended); and
WHEREAS, salary increases granted to temporary classifications pursuant to changes in Resolution No. 6598, the Resolution providing compensation for unrepresented part -time temporary employees, have been incorporated into Resolution No. 1626, the Classification Plan.
WHEREAS, amendments to the Classification Plan are necessary to account for changes within the organization, transfer of duties, new job responsibilities, and adjustments to salary ranges; and WHEREAS, the City of Milpitas local minimum wage ordinance, Ordinance No. 292, established the minimum wage hourly rate effective July 1, 2022 as $16.40 per hour; and WHEREAS, the City of Milpitas updated its minimum wage ordinance effective July 1, 2022; and WHEREAS, the City must update its hourly rate for certain classifications currently below the $1 7.20 hourly rate in conformance with Ordinance No. 292.
NOW THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it.
Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The table below contains hourly wage adjustments for classifications that are currently below the minimum wage of $17.20 per hour and a ll other hourly range classi fications that required adjustments in order to address compaction.
3. Resolution No. 1626, as amended, is hereby further amended to adjust the hourly rate ranges for the below listed classifications effective July 1, 2023, as follows:
From To
Title Current Step A Current Top Step New Step A New Top Step Adult Crossing Guard $16.40 $19.57 $17.20 $20.52
Adult Crossing Guard Supervisor $17.71 $22.93 $19.24 $24.05 Assistant Pool Manager $17.45 $24.44 $22.16 $27.70 Lifeguard $16.40 $22.85 $17.20 $22.88
Pool Manager $18.74 $26.23 $23.22 $28.15
Recreation Administrative Assistant $16.40 $22.85 $17.20 $23.96 Recreation Attendant $16.40 $22.85 $17.20 $23.96
Recreation Leader $16.40 $22.85 $17.20 $23.96
Staff Assistant $16.40 $25.38 $17.20 $26.62
Student Intern $16.40 $25.38 $17.20 $26.62
4. These adjusted hourly rate ranges will be included in the All Job Classifications/Salary Table attached to the June 6, 2023 Resolution of the City Council of the City of Milpitas amending Resolution No. 1626, the Classification 135
Item # 15.
Plan, to Adjust the Salary Schedules for all MidCon, MPOA, Miscellaneous Unrepresented, and P olice Unrepresented Classifications.
PASSED AND ADOPTED this ______ day of _________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
__________________________ ______________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
___________________________
Michael Mutalipassi, City Attorney
136
Item # 15.
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING THE
CLASSIFICATION PLAN OF UNREPRESENTED MANGEMENT EMPLOYEES AND AUTHORIZING
FRINGE BENEFITS
WHEREAS, the City of Milpitas Unrepresented Management Employees are not organized or represented for the purposes of meeting and conferring with the City in the areas of salary, benefits, and working conditions; and WHEREAS, on December 17, 1968, the City of Milpitas established a Classification Plan adopted as Resolution No. 1626, which has been amended from time to time and which is in accordance with the Personnel Rules and Regulations of the City of Milpitas (Resolution No. 792, as amended); and WHEREAS, amendments to the Classification Plan are necessary to account for changes within the organization, including transfer of duties, new job responsibilities, and adjustments to salary ranges; and WHEREAS, on July 7, 1981, the City Council of the City of Milpitas adopted Resolution No. 3558 to authorize compensation and fringe benefits for all exempt employees and City Council; and WHEREAS, on May 17, 2022, the City Council amended the fringe benefits for Unrepresented Management Employees; and
WHEREAS, from time to time, the City Council amends Unrepresented Management Employee titles, which are now reflected in the attached Exhibit A; and
WHEREAS, since City Council approved the 401a Plan, such information is administratively clarified in the attached Exhibit A.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it.
Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council adjust the salary ranges for Unrepresented Management Employees, as set out in the All Job Classifications / Salary Table attached to the June 6, 2023 Resolution of the Milpitas City Council amending Resolution No. 1626, the Classification Plan, to Adjust the Salary Schedules for all MidCon, MPOA, Miscellaneous Unrepresented and Police Unrepresented Classifications.
3. The City Council hereby authorizes the revised fringe benefits listed in Exhibit A, attached hereto, for Unrepresented Management Employees.
PASSED AND ADOPTED this ______ day of _________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
137
Item # 15.
ATTEST: APPROVED:
__________________________ ______________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
___________________________
Michael Mutalipassi, City Attorney
138
Item # 15.
BENEFITS DESCRIPTION ELIGIBLE
MERIT INCREASES Employees are eligible for merit-based salary increases annually, provided they are not at the maximum of their compensation range. The City manager will have the authority to recommend the amount of the merit increase.
All
HEALTH PLANS The City provides CalPERS medical coverage. City paid premium is capped at the Kaiser rates for each level of coverage. Only active employees who have eligible dependents enrolled in the plan are eligible for City-paid premium above the single plan rate.
All
HEALTH PLAN WAIVER Employees who are covered as an eligible dependent under another health insurance plan may waive health converge and receive a total of $250 per month in lieu of medical plan coverage with appropriate documentation. (no change since 1999) All
LIFE INSURANCE $50,000 for full-time employees All
City provides a plan similar to State Disability Insurance Miscellaneous Police: Covered under the MPOA Trust Fund Police Captains Only Fire: None (See Family Leave provision) Fire
After the first 60 days, coverage at 60% of base salary up to $1,500 per month. Additional buy-up options are available.
Miscellaneous
Coverage for Police is provided through California Law Enforcement Association (CLEA). Police Coverage for Fire is provided through California Association of Professional Firefighters (CAPFF).
Fire
DENTAL--Misc and Fire City provides a self-funded Delta Dental plan with graduated benefits based on years of service, including preventative, routine, major, and orthodontia.
Miscellaneous and Fire
DENTAL--Police City provides Delta Dental coverage. Police VISION City provides a vision plan for eye examination, lenses and frames. All TRUST FUND $50 per month contribution into the MPOA Trust Fund for spousal/dependent coverage and Short Term Disability coverage
Police Captains Only
DEFERRED COMPENSATION--SECTION 457
PLAN
City provides $900 per year toward deferred compensation (no change since 1999), with contributions being pro-rated per pay period (approximately $34.62 per pay period).
Employees are eligible to voluntarily participate in the plan.
Unrepresented Management
Staff
DEFERRED COMPENSATION--SECTION 457
PLAN
Employees are eligible to voluntarily participate in the plan. Unrepresented Executive Staff
401a The City provides a 401a plan with a 1% employee contribution upon initial enrollment, increasing by 0.25% each subsequent July 1, up to a maximum of 5% employee contribution. Enrolled participants shall have the value of vacation accruals over 260 hours put into their 401a effective the pay period including June 1 of each year. Upon seperation enrolled participants shall have one-half of vacation pay put into the plan. City contributes $900 per year into the 401a plan, with contributions being pro-rated per pay period (approximately $34.62 per pay period).
Unrepresented Executive
Staff
FLEXIBLE SPENDING PLAN City offers employees who wish to participate a pre-tax deduction for an IRS Section 125 plan for medical expenses, premiums; child or elder care expenses; or traffic and vanpooling.
All
SHORT TERM DISABILITY
LONG TERM DISABILITY
MISCELLANEOUS EXEMPT CLASSIFICATIONS:
UNREPRESENTED EXECUTIVE STAFF - Assistant City Manager, Deputy City Manager, City Clerk, Building and Housing Director, Economic Development Director, Engineering Director “City Engineer”, Director of Finance, Human Resources Director, Information Technology Director, Planning Director, Public Works Director, and Recreation and Community Services Director UNREPRESENTED MANAGEMENT STAFF - Assistant City Attorney*, Assistant City Engineer*, Assistant Finance Director*, Assistant Director Recreation and Community Services*, Building Official*, CIP Manager, Deputy City Attorney, Deputy Information Technology Director*, Deputy Public Works Director*, Human Resources Manager*, Finance Manager, Housing Authority Administrator, Planning Manager*, Plan Review Manager, Police Support Services Manager, Public Information Officer*, Public Works Manager, Public Works Manager - Utilities, and Transportation and Traffic Manager
POLICE EXEMPT CLASSIFICATIONS:
UNREPRESENTED EXECUTIVE STAFF - Police Chief UNREPRESENTED MANAGEMENT STAFF - Assistant Police Chief* and Police Captain FIRE EXEMPT CLASSIFICATIONS:
UNREPRESENTED EXECUTIVE STAFF - Fire Chief UNREPRESENTED MANAGEMENT STAFF - Deputy Fire Chief*, Chief Fire Enforcement Officer, and Assistant Fire Marshal
*2nd in charge
EXHIBIT A
UNREPRESENTED MANAGEMENT
BENEFITS PACKAGE
Effective July 1, 2023
Version date 7/1/2023
139
Item # 15.
BENEFITS DESCRIPTION ELIGIBLE
City offered plan: 5 visits per incident per calendar year for Unrepresented Miscellaneous & Fire employees.
Miscellaneous & Fire
City offered plan: 15 visits per calendar year for Unrepresented Police employees. Police VACATION LEAVE ACCRUALS 40 hour employees: Years of Service Yearly Accruals 1-4 16 Days
5-9 21 Days
10-14 26 Days
15-19 31 Days
20 + 36 Days
Maximum number of hours that can be carried over is 260 hours for 40 -hour employees.
Accruals in excess of maximum will be cashed out at the end of the pay period including June 1.
Unrepresented Management
& Fire
Maximum number of hours that can be carried over is 260 hours. Accruals in excess of the maximum will be cashed out effective the end of the pay period including June 1. The value of accruals in excess of the maximum will be deposited into the 401a plan effective the end of the pay period including June 1.
Unrepresented Executive
Staff
336 hours for Police Management employees. Hours over maximum will be cashed out at the end of the pay period including June 1.
Police
City Manager may authorize approval to carry over vacation hours in excess of the maximum.
Unrepresented Management
VACATION CASH-OUT PER IRS CONSTRUCTIVE
RECEIPT
Unrepresented Employees may elect to cash out up to 80 hours of accrued vacation hours each calendar year.
Unrepresented Management
& Fire
VACATION CASH-OUT PER IRS CONSTRUCTIVE
RECEIPT
Unrepresented Executive Employees may elect to cash out any hours above 260 or up to 80 hours of accrued vacation hours each calendar year, whichever is greater.
Unrepresented Executive
Staff
VACATION ACCRUAL Accrual tier will be based on total years of public service. All VACATION USE No minimum waiting period for use of accrued vacation. All MANAGEMENT INCENTIVE PAID (MIP) LEAVE Eligible employees will accrue 5 hours of Management Incentive Paid Leave (MIP) for each full pay period worked. Maximum carryover is 260 hours. Hours cannot be cashed out during employment, or at separation.
Executive Staff & 2nd in
charge
MANAGEMENT LEAVE Eligible employees will receive 40 hours of Management Leave added to their Floating Holiday Bank on the pay period following December 31. Employees appointed mid-year will receive pro-rated amount based on date of hire/promotion. Hours can be taken in any increment. There is no annual carryover and hours cannot be cashed out during employment, or at separation. An additional 40 hours of Management Leave can be earned with Department Head recommendation and City Manager approval upon annual evaluation for past performance.
Unrepresented Staff Only
(Staff that receive MIP are
not eligible for Management
Leave)
SICK LEAVE ACCRUALS 12 work days per year. 8 hours = 1 work day All Employees hired prior to July 18, 1999, with 5 years of service, separating in "good standing" as determined by the City Manager may elect to cash in sick leave using this formula: 2.5% x Yrs. of Service x highest hourly rate x sick leave hours accrued.
Miscellaneous
Employees hired after January 1, 1995, with 5 years of service, separating in "good standing" as determined by the City Manager may use this formula:
After 4th year: .25%/year x hourly rate x accrued sick leave After 9th year: .50%/year x hourly rate x accrued sick leave After 14th year: .75%/year x hourly rate x accrued sick leave After 19th year: 1.0%/year x hourly rate x accrued sick leave Employees hired after July 18, 1999, with 5 years of service, separating in "good standing" as determined by the City Manager may use this formula: After 4th year: .25%/year x hourly rate x accrued sick leave After 9th year: .50%/year x hourly rate x accrued sick leave After 14th year: .75%/year x hourly rate x accrued sick leave After 19th year: 1.0%/year x hourly rate x accrued sick leave All
EMPLOYEE ASSISTANCE PROGRAM (EAP)
SICK LEAVE PAY-OFF--Separating Employees
(Not Retiring)
Fire
Police
VACATION CARRYOVER RATE
Version date 7/1/2023
140
Item # 15.
BENEFITS DESCRIPTION ELIGIBLE
In January, an employee with 5 years of service may elect sick leave cash-out in accordance with the terms in Sick Leave Pay-Off above.
Fire
For employees hired on or before 7/17/99, each November, an employee with 5 or more years of service may elect to cash out accrued sick leave. Payout shall be in accordance with appropriate pay out formulas. The maximum annual amount shall not exceed 50% of employees sick leave balance. Employees eligible for this benefit shall at all times maintain a sick leave balance of at least 240 hours .
Miscellaneous & Police
HOLIDAYS The City observes 12 holidays:
January 1 (New Years), Third Monday in January (Dr. Martin Luther King's Birthday), Third Monday in February (Washington's Birthday), March 31, Cesar Chavez Day, Last Monday in May (Memorial Day), July 4, First Monday in September (Labor Day), November 11 (Veterans Day), Thanksgiving Day, Day After Thanksgiving, Christmas Eve, Christmas Day.
All
FLOATING HOLIDAY Each calendar year 8 hours of floating holiday to be used by December 31 of each year otherwise it will be lost.
All
FITNESS PROGRAM Offers employees free access to City-sponsored sports and fitness programs. All TUITION & TRAINING City provides reimbursement for education up to $3,000 per year. Work related training costs including transportation and lodging expenses.
All
MILEAGE REIMBURSEMENT Use of personal vehicle for City business will be reimbursed at the IRS established rate.
Not eligible for Mileage Reimbursement if receiving a car allowance.
All
CAR ALLOWANCE $550 per month Unrepresented Executive
Staff
2.7% at 55 Retirement Plan including the final year compensation amendment for those employed before 10/9/2011. (Employee pays 8% contribution rate).
Miscellaneous
Tier 2 (Classic): 2% at 60 Retirement Plan including the final three-year compensation average for those Classic employees hired on or after 10/9/2011. (Employee pays 7% contribution rate).
Miscellaneous
Tier 3 (PEPRA): 2% at 62 Retirement Plan including the final three-year average compensation for employees hired on or after 01/01/2013. (Employee contribution rate as stated in CalPERS actuarial report).
Miscellaneous
3.0% at 50 Plan, The 1959 Survivors Benefit in full force and effect. (Fire pays 12%; Police pays 9%).
Police & Fire
Tier 2 (Classic): 3.0% at 55 Plan, Effective 4/8/2012. Including three-year compensation average; The 1959 Survivors Benefit in full force and effect. (Police pays 9%; Fire pays 12%).
Police & Fire
Tier 3 (PEPRA): 2.7% at 57 Plan, Effective 1/1/2013. Including three-year compensation average; The 1959 Survivors Benefit in full force and effect. (Employee contribution rate as stated in CalPERS actuarial report).
Police & Fire
Military Service Buy-back (GC 21024) All
PERS Credit for Unused Sick Leave (GC 20965) All
Death Benefit (GC 21620) All
Prior Service Credit ( GC20055) All
1959 Survivor's Benefit (GC21573) All
EYEGLASS REIMBURSEMENT Reimbursement up to $175 per fiscal year for eyeglasses and $200 for bifocals when prescribed by a physician for use at a video display terminal provided the glasses are not covered by health or vision plan first.
All
SAFETY EQUIPMENT The City shall furnish appropriate safety equipment, the employee shall maintain in good order, and is the City's property.
Fire
$1,000 per year for 40 hour employees plus one pair of safety shoes every 2 years. Fire $1,350 per year for 40 hour employees. Police
Up to 80 hours of sick leave to care for a family member including: mother, father, spouse, registered domestic partner, brother, sister, son/daughter, grandparents, or domestic partner, whether the immediate family member is of the employee's or spouse's family, including step or adopted relatives. It also includes concurrent use of sick leave accruals for self or other accruals for eligible family members under FMLA or CRFA.
All
Fire personnel may use 14 days of accrued sick leave (without medical note) for birth or adoption of a child.
Fire
CALPERS RETIREMENT
PERS ENHANCEMENTS
UNIFORM ALLOWANCE
FAMILY LEAVE
SICK LEAVE CASH OUT
PER IRS CONSTRUCTIVE RECEIPT
Version date 7/1/2023
141
Item # 15.
BENEFITS DESCRIPTION ELIGIBLE
Fire Unrep may use available sick leave for family medical purposes including same members as above. The use of family leave shall be limited to 80 hours per calendar year.
Family medical purposes shall mean illness, accident, medical appointments or other related occurrences. Fire Unrep may take up to four months unpaid family or medical leave within a 24 month period, unless they qualifiy for FMLA/CFRA and this benefit is greater, for the following:
Birth, adoption, or serious illness of a child; self, parent, spouse, or registered domestic partner of an employee.
City will provide benefit coverage for up to 4 months and employee may elect to continue benefits at his/her own expense for up to an additional 18 months.
Available leave balances must be exhausted first prior to leave without pay.
COMPASSIONATE LEAVE City provides up to 40 hours of paid leave in the event of the death of an eligible family member (same family members as in Family Leave).
All
MILITARY LEAVE Paid military leave is provided for active and temporary duty in accordance with City policy and provisions of the State and Federal Laws.
All
JURY LEAVE City provides paid time upon jury summons if called to duty. All LEAVE OF ABSENCE An unpaid personal leave of absence is available upon approval of the City Manager. All FMLA/CFRA Employees may take up to 12 weeks paid/unpaid family or medical leave under Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA) within a 12 month period for the following: birth or adoption; serious illness of a child, self, parent or spouse; or baby bonding. Employee must exhaust available leave balances to qualify for leave without pay. Benefits will be covered during FMLA/CFRA leave.
All
First 80 hours of lost work time is covered at 100% pay; next 240 hours at 80% pay. All Sworn Police and Fire employees are eligible for up to one year paid workers' compensation leave per labor code 4850.
Sworn Police and Fire
MEDICARE Both City and employee contribute, if hired after March 31, 1986. All SEVERANCE PAY If employee is terminated for reasons other than "for cause" employee would be eligible for up to 16 weeks of salary plus benefits, depending on date of hire. For additional details, see Muni Code section VI-3-4.00 - Severance Payments for Specified At-Will Positions.
All
RETIREMENT BENEFITS
ELIGIBILITY CRITERIA Eligibility for retiree benefits is predicated upon retirement from CalPERS Retirement System.
All
Upon retirement, disability retirement, or death, for those employees who were hired on or before 7/17/99, and who had at least 5 years of service, the City shall pay retiree or estate for unused accrued sick leave using this formula: 2.5% x years of service x highest hourly rate x sick leave hours.
Miscellaneous and Police
Upon retirement, disability retirement, or death, for those employees who were hired on or before 1/1/95, and who had at least 5 years of service, the City shall pay retiree or estate for unused accrued sick leave using this formula: 2.5% x years of service x highest hourly rate x sick leave hours.
Fire
Employees hired after January 1, 1995, with 5 years of service, separating in "good standing" as determined by the City Manager may use this formula:
After 4th year: .25%/year x hourly rate x accrued sick leave After 9th year: .50%/year x hourly rate x accrued sick leave After 14th year: .75%/year x hourly rate x accrued sick leave After 19th year: 1.0%/year x hourly rate x accrued sick leave Employees hired after July 18, 1999, with 5 years of service, separating in "good standing" as determined by the City Manager may use this formula:
After 4th year: .25%/year x hourly rate x accrued sick leave After 9th year: .50%/year x hourly rate x accrued sick leave After 14th year: .75%/year x hourly rate x accrued sick leave After 19th year: 1.0%/year x hourly rate x accrued sick leave SICK LEAVE CREDIT Upon retiring with PERS, all employees shall be eligible for the PERS Credit for Unused Sick Leave provision (20965). Employees hired prior to July 17, 1999 may choose a cash out or Credit for Unused Sick Leave.
All
RETIREMENT MEDICAL COVERAGE See Unrepresented Employee Benefit Handbook All Fire
Fire
Police
SICK LEAVE CASH-OUT
FAMILY LEAVE (continued)
WORKERS COMPENSATION
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BENEFITS DESCRIPTION ELIGIBLE
DISABILITY RETIREMENT For Medical Coverage: employees on disability retirement who had at least 5 years of full- time or equivalent service with the City and retired after June 30, 2003, the City agrees to contribute up to "the retiree cap amount" or until the retiree is re-employed.
Police
Benefits may be continued at the retiree's expense 50% of City's Premium. Miscellaneous and Fire Benefits may be continued at the retiree's expense. Police RETIREE VISION Benefits may be continued at the retiree's expense. All 1% of payroll plus benefits contributed to a specific fund to assist in paying for spousal/dependent medical premiums for each of the following groups: Miscellaneous Unrep, Police Unrep and Fire Unrep. If fund is depleted, reimbursement will end for FY.
See Dependent Benefits Grid
SAFETY EQUIPMENT Upon retirement, the city shall give a command officer his/her service weapon and holsters without charge if either (1) the Milpitas Police Chief endorses an identification certificate approving the officer carrying a concealed and loaded firearm or (2) a hearing board determines that, under Penal Code section 12027.1, at the time the officer retired from the Milpitas Police Department, the employee had a right to a certificate permitting the carrying of a concealed and loaded firearm.
Police
All
RETIREE DENTAL
RETIREE SPOUSAL/ DEPENDENT MEDICAL PLAN
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Item # 15.
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING THE
CLASSIFICATION PLAN TO ADJUST SALARY RANGES FOR SELECT CLASSIFICATIONS AND
AMENDING THE SALARY SCHEDULES FOR VARIOUS CLASSIFICATIONS TO ALIGN WITH THE CURRENT MEMORANDUMS OF UNDERSTANDING (MOUs)
WHEREAS, the City of Milpitas has a Classification Plan adopted as Resolution No. 1626 on December 17, 1968, which has been amended from time to time, and which is in accordance with the Personnel Rules and Regulations o f the City of Milpitas (Resolution No. 792 as amended); and
WHEREAS, amendments to the Classification Plan are necessary to account for changes within the organization, transfer of duties, new job responsibilities, and adjustments to salary ranges; WHEREAS, the annual budget process necessitates changes in position authorizations that result from modifications made to the Classification Plan.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it.
Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The Council hereby approves the new salary ranges for the following classifications:
Title Annual Salary Range:
Cross Connection Specialist $92,290.83 - $113,308.92
Plan Review Manager $147,972.58 - $192,452.19
Public Works Manager – Utilities $126,766.05 - $177,472.24 SCADA and Instrumentation Control Technician $94,077.21 - $115,502.14 Senior SCADA Technician $103,484.94 - $127,052.35
3. Resolution No. 1626, as amended, is hereby further amended effective July 2, 2023, as follows:
The City Council hereby adopts the salary schedule attached hereto as Exhibit A (“All Job Classifications/Salary Table Effective July 2, 2023”), which includes updated salary ranges for the following classifications:
a. New salary ranges for classifications summarized in the preceding section of this resolution.
b. All classifications represented by Mid-Management and Confidential Unit (MidCon) and Milpitas Police Officers Association (MPOA) in accordance with the following Memorandums of Understanding (MOUs):
International Association of Firefighters MOU dated July 1, 2018– June 30, 2022, extended by side letter through June 30, 2024
Milpitas Police Officers Association dated January 1, 2017 – December 31, 2021, extended by side letter through December 31, 2023.
Mid-Management and Confidential Unit MOU dated July 1, 2019– June 30, 2023, extended by side letter through June 30, 2025
c. All classifications included in the Unrepresented Miscellaneous group and the Unrepresented Police group, in accordance with the following:
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Item # 15.
Unrepresented Miscellaneous Management Employees Salary increase of two percent (2%) to align with Mid-Management and Confidential Unit (MidCon) per this Council resolution Unrepresented Police Employees Salary increase of two and half percent (2.5%) which is tied to MPOA per Council action on March 3, 2020.
PASSED AND ADOPTED this ______ day of _________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
__________________________ ______________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
___________________________
Michael Mutalipassi, City Attorney
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Item # 15.