March 19, 2024 Milpitas City Council Agenda Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
AGENDA
TUESDAY, MARCH 19, 2024
CITY COUNCIL CHAMBER, 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 only be provided live during the City Council meeting in person. 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. Members of the public may submit written comments by email to [email protected].
The meeting will be streamed via Zoom for viewing purposes only. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_GtDEnzRQRGqL2d8orFBOXA NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.
MILPITAS CITY COUNCIL CODE OF CONDUCT
• Be respectful and courteous (words, tone, and body language). • Model civility.
• Avoid surprises.
• Praise publicly and criticize privately.
• Focus on the issue, not the person.
• Refrain from using electronic devices while on the Council dais. • Disclose conflicts of interest and affiliations related to agenda items. • Separate governing from campaigning.
• The Council speaks with one voice after making policy on issues. • Respect the line between policy and administration.
• Council will hold one another accountable to comply with this Code of Conduct.
March 19, 2024 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: Rick Bolanos, LCW
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 (Councilmember Barbadillo)
PRESENTATIONS (7:05 PM)
● National Endometriosis Month (Proclamation)
PUBLIC FORUM (7:10 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 (7:15 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.
C1. Receive City Council Calendar of Meetings for March and April 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for March and April 2024.
C2. Approve City Council City Council Meeting Minutes of March 5, 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Meeting minutes of March 5, 2024.
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.
March 19, 2024 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. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Recommendation: Receive Mayor Montano's recommendation and confirm appointments to City Commissions.
C6. Approve the Proposed Edits to the Commissioner Handbook (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve the proposed edits to the Commissioner Handbook.
C7. Designation of Community Development Block Grant Program Certifying Officer for the National Environmental Policy Act (Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046; and Robert Musallam, Housing Division Manager, 408-586-3275) Recommendation: Adopt a resolution designating the City Manager as the “Certifying Officer” as defined in 24 CFR Part 58 for the Housing Division of the City of Milpitas for purposes of compliance with the National Environmental Policy Act under the Community Development Block Grant Program.
C8. Receive the 2023 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and Authorize the Submittal of Both Reports to California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR) (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046; and Robert Musallam, Housing and Neighborhood Services Administrator, 408-586-3275) Recommendation: Receive the 2023 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and authorize the submittal of both reports to California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR).
C9. Receive the 2023 General Plan Annual Progress Report and Authorize Submittal of the Report to the Governor’s Office of Planning and Research (Staff Contact: Jay Lee, Planning Director, 408-586-3077; and Lillian VanHua, Principal Planner, 408-586-3073) Recommendation: Receive the 2023 General Plan Annual Progress Report and authorize the submittal of the report to the Governor’s Office of Planning and Research (OPR).
C10. Approve and Authorize the City Manager to Execute a Five-Year Professional Services Agreement with Precision K9 for Canine Acquisition and Training (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406)
Recommendation: Approve and authorize the City Manager to execute a five-year professional services agreement with Precision K9 for canine acquisition and training in a total not-to-exceed amount of $195,000.00 over the five-year term.
C11. Receive an Update on Storm Drain System Emergency Repairs and Improvements at Evans Road and Piedmont Creek and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
March 19, 2024 Milpitas City Council Agenda Page 4
Recommendation: (1) Receive an update on the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.
C12. Approve and Authorize the City Manager to Execute a Design Services Agreement with Callander Associates Landscape Architecture, Inc., for Metro Tango Subdistrict Park, Project No. 2023 (Staff Contact: Michael Silveira, Public Works - Engineering Division Manager, 408- 586-3303)
Recommendation: Approve and authorize the City Manager to execute a Design Services Agreement with Callander Associates Landscape Architecture, Inc (CALA) in the amount of $420,237.00 for Metro Tango Subdistrict Park, Project No. 2023.
C13. Approve and Authorize the City Manager to Execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Milpitas Pacific Associates, L.P., for the Affordable Housing Project at 308 Sango Ct. (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Arthur Valderrama, Principal Civil Engineer, 408-586- 3355)
Recommendation: Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Milpitas Pacific Associates, L.P., for the affordable housing project at 308 Sango Ct.
C14. 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) Recommendation: Adopt a resolution to supersede Resolution No. 9145 updating City Event Celebration Flags and/or other Commemorative Flags at Cesar Chavez Plaza.
PUBLIC HEARINGS (7:20 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
15. Conduct a Public Hearing on the Request for a Bingo License for St. John the Baptist Catholic Church to Hold a Regular Bingo Game on Church Grounds (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Conduct a public hearing and consider approval of a Bingo License for St. John the Baptist Catholic Church to hold a regular bingo game on church grounds.
COMMUNITY DEVELOPMENT (7:45 PM)
16. Receive Presentation from Staff and Applicant and Provide Direction Regarding Conceptual Plans for Proposed Mixed-Use Development at 1851 McCarthy Boulevard (Staff Contact: Jay Lee, Planning Director, 408-586-3077, Michael Fossati, Senior Planner, 408-586-3274) Recommendation: (1) Receive presentations from staff and the applicant; (2) Receive public comment; and (3) Provide feedback on the Preliminary Review Application for redeveloping 1851 McCarthy Blvd.
COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE (8:45 PM)
March 19, 2024 Milpitas City Council Agenda Page 5
17. Consider Approval of a Permanent Pickleball Site and Provide Feeback on Future Programming Plan (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586- 3409)
Recommendation: (1) Approve conversion of two of the four Hall Park Tennis Courts to pickleball and direct staff to include proposed adjustments to CIP 5116 project budget as part of the annual CIP cycle; and (2) Provide feedback on future pickleball opportunities in Milpitas.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (9:30 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.
ADJOURNMENT (9:35 PM)
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.
Milpitas City Council Calendar
March 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 8:30 AM-Joint Venture
Silicon Valley: 2024
State of the Valley
Forum (CM, EC, HL)
2 3 4
5:00 PM-Monthly Mayor’s Meeting
with the Community Members
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
5 6:00 PM-Closed Session
7:00 PM-City Council
6 1:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
7:00 PM-Community Advisory
Commission (EC)
7 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
8 9
10 11
4:30 PM-Economic Development and
Trade Commission (CM)
12 13
7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
14 4:00 PM-SVRIA Board of Directors
(GB)
5:30 PM-CASCC Legislative Action
Committee (CM)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC JPA
Board of Directors (CM)
15 16
11:00 AM-2:00 PM- Holi
Festival (Cardoza Park(
17 18
7:00 PM-Science, Technology, and
Innovation Commission (GB)
7:00 PM-Library and Education
Commission (EC) (Milpitas Public
Library)
19 6:00 PM-Closed Session
7:00 PM-City Council
20 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
21 10:00 AM-VTA Congestion
Management Program & Planning
Committee (CM)
3:00 PM-CASCC Recycling & Waste
Reduction Commission (CM)
4:00 PM-VTA Policy Advisory
Committee (EC)
6:30 PM-Bay Area Water Supply
Conserv Agency (CM) (Oak Room -
San Mateo Main Library)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(HL)
22 23
10:00 AM-1:00 PM- Big
Bunny Scramble (Civic
Center Plaza)
24 25
7:00 PM-Arts Commission (EC)
26 27
4:00 PM-City/School Collaborative
Subcommittee (CM/EC) – (MUSD)
7:00 PM-Planning Commission
28 29 30
31 February 2024
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
April 2024
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
National League of Cities Conference – Washington, D.C. (HL) National League
of Cities
Conference –
Washington, D.C.
(HL)
WELL Conference – San Jose, CA (CM)
Milpitas City Council Calendar
April 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 Cesar Chavez Day
City Hall Closed
2 6:00 PM-Closed Session
7:00 PM-City Council
3 1:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
5:30 PM-Veterans Commission (CM)
7:00 PM-Community Advisory
Commission (EC)
4 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
5 6
7 8
4:30 PM-Economic Development and
Trade Commission (CM)
9 10
12:00 PM-Santa Clara Valley Water
District - Water Commission (CM)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
7:00 PM-Planning Commission
11 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
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)
12 13
14 15
7:00 PM-Science, Technology, and
Innovation Commission (GB)
16 5:00 PM-Closed Session
7:00 PM-City Council
17 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
18 10:00 AM-VTA Congestion
Management Program & Planning
Committee (CM)
10:30 AM-South Bay Odor
Stakeholders Group Meeting (CM)
3:00 PM-Cities Assoc of SCC
Recycling and Waste Reduction
Commission (CM)
19 9:00 AM-VTA Board of
Directors Workshop (CM)
20 10:00 AM-12:00 PM-
Earth Day (Calle Oriente
Mini Park)
21 22
6:00 PM- Milpitas Zoning Advisory
Group Meeting #4
23 1:30 PM-Senior Advisory Commission
(CM)
24 7:00 PM-Planning Commission
25 12:00 PM-SCC Library JPA Board of
Directors Meeting (CM)
6:00-8:00 PM- Commissioners’
Recognition Celebration (Community
Center Auditorium)
26 27
28 29 30
March 2024
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 2024
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
March 5, 2024 Milpitas City Council Minutes Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
MINUTES
TUESDAY, MARCH 5, 2024
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA The City Council of the City of Milpitas convened on the regular City Council meeting day in a Joint Meeting of the Milpitas City Council, Housing Authority, and Successor Agency on March 5, 2024, in the City 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 Regular City Council meeting to order at 7:03 PM. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
ABSENT: None
PLEDGE OF ALLEGIANCE
Mayor Montano led the pledge of allegiance.
INVOCATION
Councilmember Phan presented the invocation.
PRESENTATIONS
Mayor Montano, joined by the City Council, presented a proclamation in recognition of Youth Art Month. Sofia Fojas from Santa Clara County Office of Education accepted the proclamation and offered remarks.
Mayor Montano presented a proclamation in recognition of National Women's Heritage Month. In recognition of their service to the community and Women's History Month, she also presented certificates to MariCris Benitez, Karina Dominguez, Maria Elena Acevedo Enriquez, Mila Garcia, Juliette Gomez, Marsha Grilli, Allyson McDonald, Jinky Peralta, Ha Phan, and Nancy Weinstein.
PUBLIC FORUM
There were the following public speakers:
1. Wayne Lee
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
Vice Mayor Chua read the City Council Code of Conduct.
March 5, 2024 Milpitas City Council Minutes Page 2
APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.
Motion/Second: Vice Mayor Chua/Councilmember Barbadillo Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
CONSENT CALENDAR
There were the following public speakers:
1. Charles Schletzbaum
After discussion, motion: to approve the consent calendar Motion/Second: Vice Mayor Chua/Councilmember Lien
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
1. Receive City Council Calendar of Meetings for March 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for March 2024.
2. Approve City Council City Council Meeting Minutes of February 20 and 22, 2024 (Staff Contact:
Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved City Council Meeting minutes of February 20 and 22, 2024.
3. 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.
4. 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.
5. Adopt Ordinance 298.1, An Ordinance of The City Council of the City of Milpitas Amending the Milpitas Municipal Code Title XI (“Zoning, Planning and Annexation”), Chapter 10 (“Zoning”), Section 13 (“Special Uses”), Subsection 13.15 (“Cannabis Uses”) to Prohibit and Regulate Cannabis Uses, Establishments, and Operations to the Fullest Extent Allowed by State Law (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) Waived the second reading and adopted Ordinance 298.1, which would amend Subsection XI-10-
13.15 of the Milpitas Municipal Code consistently with Senate Bill 1186 by regulating the delivery of medicinal cannabis and cannabis products and otherwise preserve the City’s prohibition against commercial cannabis to the fullest extent allowed after this change in State law.
March 5, 2024 Milpitas City Council Minutes Page 3
6. Adopt a Resolution Approving Memorandum of Understanding between the City of Milpitas and Milpitas Employees Association (MEA) Covering the Period of July 1, 2023 through June 30, 2025 (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086) Adopted Resolution No. 9303 approving Memorandum of Understanding between the City of Milpitas and Milpitas Employees Association (MEA) covering the period of July 1, 2023 through June 30, 2025.
7. Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch) (Staff Contact: Roberto Alonzo, Public Works Division Manager - Engineering, 408-586-3316) Adopted Resolution No. 9304 initiating proceedings for the annual levy and collection of assessments and ordering the preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch).
8. Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon) (Staff Contact: Roberto Alonzo, Public Works Division Manager - Engineering, 408-586-3316) Adopted Resolution No. 9305 initiating proceedings for the annual levy and collection of assessments and ordering the preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon).
9. Award IFB 24-056 and Authorize the City Manager to Execute the Purchase Order with Econolite Control Products, Inc. in the amount of $100,017.01 for the Purchase of Traffic Detection Controllers, Cabinets, and Battery Backup Systems (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Awarded IFB 24-056 and authorized the City Manager to execute the purchase order with Econolite Control Products, Inc. in the amount of $100,017.01 for the purchase of traffic detection controllers, cabinets, and battery backup systems.
10. Receive an Update on Storm Drain System Emergency Repairs and Improvements at Evans Road and Piedmont Creek 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 storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek; and (2) Determined by a four-fifths vote that the condition continues to constitute an emergency.
11. Adopt a Resolution to Approve Project Plans & Specifications; Reject a Bid Protest from Galaxy Construction Services, Inc., and Award Construction Contract to A&B Mechanical Inc, for Alviso Adobe House HVAC System, Project No. 5055 (Staff Contact: Michael Silveira, Public Works Division Manager - Engineering, 408-586-3303)
Adopted Resolution No. 9306 to approve project plans & specifications; rejected a bid protest from Galaxy Construction Services, Inc.; awarded the construction contract to the lowest responsible bidder submitting a responsive bid, A&B Mechanical, Inc., in the amount of $127,900.00; authorized the City Manager to execute the construction contract with A&B Mechanical, Inc.; and authorized the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $25,600.00 for Alviso Adobe House HVAC System, Project No. 5055.
March 5, 2024 Milpitas City Council Minutes Page 4
PUBLIC HEARINGS
12. 2024 Weed Abatement Public Hearing and Resolution Adoption to Abate the Weeds (Staff Contact: Arthur Belton, Deputy Fire Chief/Fire Marshal, 408-586-3384) Deputy Fire Chief/Fire Marshal Belton presented the report.
Mayor Montano opened the public hearing.
There were the following public speakers:
1. Property owner of 1459 Canton Drive
Mayor Montano closed the public hearing.
Santa Clara County Weed Abatement Manager Mo Kumre and Deputy Fire Chief/Fire Marshal Belton were available to respond to questions from the City Council.
Councilmember Barbadillo questioned the process by which properties can be removed from the program. Santa Clara County Weed Abatement Manager Mo Kumre explained that to be removed from the program, the property owner needs to demonstrate three consecutive years of compliance or that the City Council can make a finding of extenuating circumstances. After questioning the property owner on the circumstances, Councilmember Barbadillo made a motion: to make a finding of extenuating circumstances for the property at 1459 Canton Drive with the condition that the property owner work with staff to address the violation. Councilmember Phan seconded the motion.
City Attorney clarified that the motion should be to move the item as recommended by staff while removing 1459 Canton Avenue from the list due to extenuating circumstances. Councilmembers Barbadillo and Phan accepted the amendment to the motion.
After discussion, motion: to adopt Resolution No. 9307 directing the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program to abate the nuisance, keep an account of the cost, and embody such account in a report and assessment list to the City Council in accordance with the Milpitas Municipal Code, removing 1459 Canton Avenue from the list due to extenuating circumstances.
Motion/Second: Councilmember Barbadillo/Councilmember Phan Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Vice Mayor Chua made the following requests:
1. City Manager and City Attorney to explore implementing AB 1033 for allowing ADUs to have separate title from main house.
2. Consider a Commissioner Arts Month exhibit in April for showcasing talents of commissioners Both items received unanimous consensus to move forward. Vice Mayor Chua also presented art from a recent art contest at the Stratford School.
Councilmember Phan thanked the Milpitas Fire Department for their service and requested to recognize March as National Endometriosis Month. There was unanimous consensus in support.
March 5, 2024 Milpitas City Council Minutes Page 5
Councilmember Lien spoke in recognition of the women at City Hall and the services they provide.
ADJOURNMENT
Mayor Montano adjourned the meeting at 7:47 PM.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 3/15/2024
April 2, 2024 – Regular Meeting
CLOSED SESSION
•Labor Relations
•Joint Closed Session - RWF
INVOCATION (Mayor Montano)
PRESENTATION
- Black April (Proclamation)
- Fair Housing Month (Proclamation)
CONSENT CALENDAR
1. Receive City Council calendar for April 2024 (City Clerk)
2. Approve City Council Meeting minutes of March 19, 2024 (City Clerk)
3. Preview list of items for April 16, 2024 (City Clerk)
4. Councilmember Request List (City Clerk)
5. Commercial Property Management Services for 1432-1488 Main Street (Parcels 1-3) (Economic Development)
6. 500 Vista Springs Court New Hillside Home (Planning)
7. Storm Drain System Emergency Repairs and Improvements (Public Works)
8. 2023 Street Resurfacing (Public Works / Engineering)
9. 2024 Street Resurfacing Project (Public Works / Engineering)
10. 1992 Tarob Court Revised O&M Agreement (Public Works / Engineering)
11. CIP 3501 ARPA Parks Contract Award (Public Works / Engineering)
PUBLIC HEARINGS
12. Street Vacation: 1752 Houret Ct (City Ventures) (Public Works / Engineering)
LEADERSHIP AND SUPPORT SERVICES
13. Solicitation Ordinance (City Attorney)
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Explore options for revisions to ADU ordinance Chua 3/5/2024 An update will be included in the next City
Council prioritization discussion
2 Explore an Arts Month Event where commissioners
can exhibit their Art Chua 3/5/2024
An update will be included in the next City
Council prioritization discussion
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
3 Recognize and issue a proclamation declaring
March as National Endometriosis Month. Phan 3/5/2024
The proclamation appears on the March 19,
2024 City Council agenda.
4 Request that the Arts Commission explore
alternatives for future of statue in front of City Hall Phan 1/30/2024 An update was included in the February 20th
Council prioritization reprt.
5 Update the Commissioner Handbook to include an
option for outgoing commissioners to make
presentations to other commissions Chua 1/23/2024
An update was included in the February 20th
Council prioritization reprt.
6 Workshop for retailers focusing on best practices
and safety with plans for quarterly sessions Chua 1/23/2024 An update was included in the February 20th
Council prioritization reprt.
7 Explore possibility of naming the County library on
Main Street Phan 1/23/2024
An update was included in the February 20th
Council prioritization reprt.
8 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
This item was approved to move forward as
part of the February 20th Council
prioritization
9 Bring back Bingo and the Tour at the Senior Center Chua 11/7/2023 An update was included in the February 20th
Council prioritization reprt.
10 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
An update was included in the February 20th
Council prioritization reprt.
11 Consider a possible ordinance or policy regarding
solicitations at home Barbadillo 10/3/2023
An update was included in the February 20th
Council prioritization reprt.
12 Main Street International Festival Lien 10/3/2023
An update was included in the February 20th
Council prioritization reprt.
13 analysis in partnership with the County to determine if it would be beneficial to have a location where Chua 9/5/2023 An update was included in the February 20th
Council prioritization reprt.
14 Explore taking steps towards becoming a Charter
City Phan 9/5/2023
An update was included in the February 20th
Council prioritization reprt.
15 Human Resources Director to conduct a job fair
specific to the job openings at City Hall Chua 5/2/2023 An update was included in the February 20th
Council prioritization reprt.
16 Pickleball Pilot Project Chua 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
17 Main Street Infrastructure Projects Montano 2/28/2023 An update was included in the February 20th
Council prioritization reprt.
18 Main Street Flooding at Library Chua 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
19 Satellite Consulate Office Montano 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
20 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update was included in the February 20th
Council prioritization reprt.
21 standalone teen center or updating information to
indicate the Senior Center also functions as a Teen Chua 9/20/2022 An update was included in the February 20th
Council prioritization reprt.
22 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and
Adobe Montano 8/16/2022
An update was included in the February 20th
Council prioritization reprt.
23 City Manager look into implementing a workshop for
small businesses on the bidding process for
projects in the city Chua 8/9/2022
An update was included in the February 20th
Council prioritization reprt.
OPEN ITEMS
ACTIVE ITEMS
NOTE: Deferred and Completed Items are not listed
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
ACTIVE ITEMS
24 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update was included in the February 20th
Council prioritization reprt.
25 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
An update was included in the February 20th
Council prioritization reprt.
26 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 An update was included in the February 20th
Council prioritization reprt.
27 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
An update was included in the February 20th
Council prioritization reprt.
28 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
An update was included in the February 20th
Council prioritization reprt.
29 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
An update was included in the February 20th
Council prioritization reprt.
30 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 listed
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 3/19/2024
Recommendation: Receive Mayor Montano's recommendations and confirm appointments to City Commissions.
Background:
The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members appointed by the Mayor and confirmed by the City Council. The Commissions advise the Milpitas elected officials on a variety of community interest and policy areas. Commissioner appointments and removals are governed by various sections of the California Government Code, Milpitas Municipal Code, and the adopted Milpitas Commissioner Handbook and By-Laws.
Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are then presented to the Mayor for consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor, subject to City Council approval, assumes the responsibility for appointments to boards, commissions, and committees unless otherwise specifically provided for by statute.
Current Commissioners may seek to be reappointed upon the expiration of their current term, but reappointment to a new term is not automatic. Those Commissioners seeking reappointment must contact the City Clerk and the Mayor to convey their request. Re-appointment must be recommended by the Mayor and confirmed by the City Council.
Analysis:
Appointments and removals are as follows:
Senior Advisory Commission:
1. Appoint Barbara Jo Navarro to a full voting seat with an unexpired term ending December 2024.
The City Clerk's office has reviewed and confirmed all recommended Commissioner appointments.
Fiscal Impact:
There is no fiscal impact associated with this item.
CEQA:
The action is continuing administrative or maintenance activity and is not a project pursuant to Cal. Code Regs., tit. 14, § 15378.
Recommendation:
Receive Mayor Montano's recommendations and confirm appointments to City Commissions.
Attachments:
None.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve the Proposed Edits to the Commissioner Handbook (Staff Contact:
Suzanne Guzzetta, City Clerk, 408-586-3001)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 3/19/2024
Recommendation: Approve the proposed edits to the Commissioner Handbook.
Background:
On April 16, 2019, Milpitas City Council approved standardized Commission Bylaws and associated addendums for City Commissions. The standardized Commission Bylaws detail a Commission’s operations and afford consistency across the various bodies, allowing for efficiencies in commission management and support. Commission Bylaw addendums capture each individual Commission’s advisory area, meeting date, time, and location, and any special requirements or recommended areas of interest.
Revisions and associated updates to the Commissioner Handbook, Commission Bylaws and Bylaws Addendums have been approved by City Council at various times since the Commissioner Handbook was first adopted by City Council on August 21, 2018.
Analysis:
This staff report recommends revisions to the Commissioner Handbook as outlined below.
Reappointments
Language revised to clarify the reappointment process.
Resignations
The requirement for the City Council to accept resignations has been eliminated to expedite the posting of commission vacancies. Instead, resignations will now be reported to the City Council as part of the Bi-weekly City Manager’s report.
Outgoing Commissioner Presentations
At the City Council meeting on January 23, 2024, Vice Mayor Chua proposed an update to the Commissioner Handbook to include an option allowing outgoing commissioners to deliver presentations to other City Commissions.
California Environmental Quality Act:
The City Council’s action in making changes to the Commissioner Handbook and Bylaws is exempt from environmental review pursuant to CEQA Guideline 15378(b)(5) as an organizational or administrative activity of the City that will not result in any direct or indirect physical changes in the environment.
Fiscal Impact:
None.
Recommendation:
Approve the proposed edits to the Commissioner Handbook.
Attachments:
(a) Revised Commissioner Handbook - Redline
(b) Revised Commissioner Handbook - Clean
CITY OF MILPITAS
COMMISSIONERS HANDBOOK
20243
Adopted by Milpitas City Council on:
August 21, 2018
Revisions Approved by Milpitas City Council on:
January 19, 2021
April 5, 2022
August 19, 2022
June 20, 2023
Milpitas Commissioner Handbook 2 2023
Welcome to City of Milpitas
Service as a Volunteer Commissioner
455 EAST CALAVERAS BOULEVARD, MILPITAS, CALIFORNIA 95035-5479 PHONE: 408-586-3050, FAX: 408-586-3056, www.milpitas.gov Welcome and congratulations on joining the City of Milpitas team as a City Commissioner or Alternate! I am delighted that you are joining us as your appointment is important to your Commission’s role in advising the Milpitas City Council on topics and initiatives important to the Milpitas community.
Included in this Commissioner Handbook is information on areas such as participating in a public meeting, attendance, and the role of Commissioners, the staff and council liaisons. I am hopeful that you will use this handbook as a guide to help you at your meetings and as you work with your Commission on your annual Work Plan and advisory areas.
I look forward to all the great work you will do on your Commission and on behalf of the Milpitas City Council, thank you for your service to the Milpitas community! Sincerely,
Carmen Montano
Mayor
CI T Y O F MI L P I T A S
OF F I C E O F MA Y O R CA R M E N MO N T A N O
Milpitas Commissioner Handbook 3 2023
INDEX
I. Introduction and Overview 4
II. Commission Roles 5
III. Joining and Leaving a Commission 6
IV. Commission Participation 7
V. Celebration and Fundraising 9
VI. Ethics and Expected Standards of Performance 10
VII. California’s Ralph M. Brown Act 11
VIII. City of Milpitas Open Government Ordinance 12
IX. Parliamentary Procedure at Meetings 13
X. Resources and Conflict of Interest Guidelines 14
XI. Appendices 15
Milpitas Commissioner Handbook 4 2023
Introduction and Overview
CITY OVERVIEW
City of Milpitas is a California municipality of approximately 84,000 residents, and was incorporated as a General Law City in January of 1954. Elected City Officers are the Mayor (term of 2 years) and four elected City Councilmembers (terms of 4 years each). Those leaders are elected by Milpitas voters on the ballot in November elections held each even year.
City Council is the body responsible for making all major policy decisions and direction for the City of Milpitas, including adoption of the City’s annual budget. The City Council votes at regular City Council meetings on all expenditures, major land use plans, infrastructure projects and facility and program activities. The Council relies on input from many sources, including the 12 Advisory Commissions and Measure F Oversight Committee, along with other Task Forces, Ad Hoc Committees and residents at large.
CURRENT CITY COMMISSIONS AND COMMITTEES
As of the publication of this manual, the following are 12 City of Milpitas Commissions and 1 Committee for which residents may volunteer to serve by Mayoral appointment:
Arts Commission
Community Advisory Commission
Economic Development and Trade Commission
Energy and Environmental Sustainability Commission
Library and Education Advisory Commission
Parks, Recreation and Cultural Resources Commission
Planning Commission
Public Safety and Emergency Preparedness Commission
Senior Advisory Commission
Science, Technology and Innovation Commission
Veterans Commission
Youth Advisory Commission
Measure F Oversight Committee
All Commissions will consist of seven (7) appointed Commissioners, except the Parks, Recreation and Cultural Resources Commission which will consist of nine (9) appointed Commissioners. All Commissions, except the Planning Commission, will also have 2 appointed Alternate Members, and all Commissions, except the Planning Commission and Youth Advisory Commission, may have one (1) Milpitas resident enrolled in grades 9-12, as a non-voting member. The Arts Commission may have two (2) Milpitas residents enrolled in grades 9-12, one from each Milpitas area public high school, as non-voting members.
Milpitas Commissioner Handbook 5 2023
AD HOC TASK FORCES
From time to time, as needs arise, the Milpitas City Council may choose to appoint residents to serve on ad hoc advisory bodies. Examples include the HOPE (Suicide Prevention) Task Force, and the CEDAW Task Force. Each body to which members are appointed by the City Council shall report back to the Council at appropriate intervals and upon conclusion of the task assigned by the Council. Members’ service concludes once a final report is provided to City Council, or as City Council directs.
Commission Roles
Commissioners serve as voluntary members from the community advising the City Council on policies related to the purpose of their Commission. They are expected to attend all meetings, actively participate and deliberate, and vote on any matters that are requested for recommendation to the City Council.
Alternate Members serve only in the absence of a voting member. When a voting Commissioner is absent from a Commission meeting, alternates will be seated at the table or dais to participate in a voting role at the start of the meeting. If a regular voting Commissioner arrives subsequently, that person shall not participate as a voting member and the Alternate Commissioner will continue to serve as a voting member. Otherwise, Alternate members do not deliberate or vote when all regular members are present at the Commission meeting.
Once per year, Commissioners will vote to elect a Chair and Vice Chair of the Commission. The Chair is responsible for leading the regular meetings of the Commission. The Chair shall call the meeting to order, state items to be discussed on the agenda, permit all members the opportunity to be heard, allow for comments from the public, call for a vote when required and work directly with the staff liaison to ensure a successful meeting. The Vice Chair shall serve the role of Chair in the absence of the Chair. No Commissioner shall serve more than three consecutive years as the Chair or Vice Chair of any Milpitas Commission.
A City staff liaison to your Commission is available to provide staff support and work closely with the Chair to develop the meeting agendas and any information gathered for benefit of the Commissioners. Staff shall assist in guiding the work of the Commission, provide agendas and take meeting minutes. The City Manager shall assign appropriate staff liaison(s) to each Commission.
Volunteer City Commissioners do not direct or delegate work tasks to staff or Council liaisons. Commission annual work plan activities and assignments are to be completed by Commissioners.
Milpitas Commissioner Handbook 6 2023
Each Commission, except for the Planning Commission, will be assigned a City Council Liaison. City Council liaisons are non-voting participants, acting in a capacity reflecting the majority opinion of the City Council, which is defined by current or past official City Council action via City Council vote or consensus. The City Council liaison will endeavor to attend all Commission meetings of those bodies to which they are assigned.
The City Attorney may be available to provide legal advice when asked by the staff liaison regarding the Brown Act, parliamentary procedure, or on topics related to the Commission’s business. Except for the Planning Commission, the City Attorney will not attend Commission meetings on a regular basis.
The Milpitas Mayor and City Council together serve as the ultimate deliberative body regarding all business and policy matters for the City of Milpitas. Significant work by Commissions shall result in recommendations to the City Council, which will then vote to approve any City policy or expenditure.
Joining and Leaving a Commission
Requirement to serve: to be appointed to most Commissions, you must be a current Milpitas resident over the age of eighteen (18). Specific requirements for select Commissions are reflected in the approved Bylaws Addendums. For example, members of the Economic Development and Trade Commission are not required to be residents, however, they shall represent various segments of the business community.
The City Council may appoint one (1) Milpitas resident enrolled in grades 9-12, as a non-voting member, to a Commission (except the Planning and Youth Advisory Commission). For the Arts Commission, the City Council may appoint two (2) Milpitas residents enrolled in grades 9-12, one from each Milpitas area public high school, as non-voting members.
APPLICATION & APPOINTMENT
To apply for service on any City of Milpitas Commission, residents or interested persons must complete a Commission Application and submit the form to the City Clerk. The form may be submitted online, in person, by US postal mail or by e-mail.
The form is available from the City Clerk’s office or on the City website. If requested, applicants may be asked to complete a supplemental questionnaire.
Copies of applications are provided to the Mayor for their consideration. Per Government Code, the Mayor of a General Law city holds the power of appointment, upon confirmation by the City Council. The City Council must vote to affirm all appointments to Commissions by the Mayor.
Milpitas Commissioner Handbook 7 2023
Applicants may express interest in serving on more than one Commission. However, residents may only serve on one Commission at a time, except by special exception of the City Council. City employees may not be appointed to Commissions.
RE-APPOINTMENT
Appointed Commissioners may seek to be re-appointed upon the expiration of their current term. Re-appointment to a new term is not automatic, but rather must be recommended by the Mayor and confirmed by the City Council. Prior to the end of their term, the City Clerk’s Office will contact Commissioners eligible for re- appointment to confirm they seek to be re-appointed. To be considered for re- appointment, commissioners should submit their request in writing to the City Clerk prior to the expiration of their term. The City Clerk will transmit those requests to the Mayor.
RESIGNATION
If a Commissioners is no longer available or able to serve, or that no longer meet the requirements to serve, they must submit a their resignation in writing by sending a written communication to the City Clerk and the Mayor pursuant to City Council Resolution No. 7702. The written resignation must then be accepted by City Council via action on consent calendar at a regular meeting. The City Council will be notified of resignations in the bi-weekly City Manager’s Report to the City Council.
By state lawCalifornia Government Code §54974 requires that , a Notice of Unscheduled Vacancy must then be posted for at least ten working days by the City Clerk to invite new applicants for the vacant Commission seat.
TERMS OF SERVICE
The term for each Commission seat is a period of three years and the term of service is tied to the Commission seat, not the commissioner. When a new Commissioner is appointed to fill a vacancy, they are appointed to fill the remainder of the term assigned to that Commission seat. Alternate Commissioner terms will be tied to the individual appointed for the duration of their service as an alternate.
Commission Participation
BYLAWS AND ORIENTATION BY STAFF
All City of Milpitas Commissions have written By-Laws by which Commissioners and staff abide, which are written by the City Attorney. By-laws may be viewed on the City’s website and are provided to all Commissioners from their staff liaison.
A template for the basic edition of all Commission by-laws is included with this handbook, in the appendix.
Links to all Commission’s By-laws can be found online on each Commission page:
Milpitas Commissioner Handbook 8 2023
http://www.milpitas.gov/318/Commissions
The staff liaison shall provide onboarding to newly appointed Commissioners.
Extensive training is provided in particular to the Planning Commission, commensurate with those duties related to land use decision making – serving as a quasi-judicial body - per the Milpitas Municipal Code. It is the commissioner’s responsibility to ensure staff has up-to-date contact information allowing communication via email for distribution of agendas or other important information.
A nameplate is created for each new Commissioner. Business cards up to 50 each annually may be printed by staff, in house, on City standard format for Commissioners for City business purposes only. City of Milpitas business cards with City logo may not be printed privately or by an outside party.
ANNUAL WORKPLAN
Each Commission shall discuss and prepare its annual work plan, which shall be submitted and approved by City Council. The work plan is a list of the anticipated topics, assignments and goals that Commissioners will focus on over a 12 months’ period. In turn, the Council may request an annual report listing accomplishments of each Commission based on the work plan. Annual Reports will be submitted to the City Council.
ANNUAL BUDGET
City Council shall allocate $1,000 annually for each Commission. Funds are to be used towards City Council approved Work Plan tasks and projects, and administrative costs related to the Commission. Those Commissions that determine a need for additional funding shall return to City Council with a stated request for more funds and the purpose for those. City Council shall approve or deny any request for such expenditures.
REQUIRED ATTENDANCE
All appointed Commissioners (and Committee or other ad hoc body members) are expected to attend all regular meetings. Meetings are scheduled at specified times each month or at regular intervals. Attendance and participation in the business of the Commission is necessary for the success of the Commission in achieving its annual work plan goals. When a Commissioner is unable to attend a meeting, it is courteous to notify the City staff liaison and Commission Chair of expected absence.
Attendance is tracked by staff and the City Clerk shall report to the City Council quarterly. If any Commissioner is absent from three or more meetings in a year, that information will be reported to the City Council and can be grounds for removal. This policy allows for another resident to be appointed to the Commission.
POLICY FOR REMOVAL
Milpitas Commissioner Handbook 9 2023
Commissioners serve at the pleasure of the Mayor and City Council. Commissioners or alternates may be removed for reasons including, but not limited to, the following:
1. Failure to Adhere to Attendance Requirements
2. Harassment of Staff
3. Racist/Sexist Remarks Towards the Public or Other Commissioners
4. Misrepresentation
5. Failure to Meet the Requirements to Serve on a Commission
6. Failure to Adhere to the Ethical Standards Expected of a Commissioner.
PARTICIPATION
When attending Commission meetings, all voting members have the opportunity and right to participate and be heard. The Chair of the Commission holds the responsibility for decorum at the meetings, and shall permit each Commissioner to offer comments and make motions on matters on the meeting agenda.
Additionally, certain Commissions expect participation outside of regularly scheduled meetings. For example, Planning Commissioners may attend the annual Planners Institute offered by the League of California Cities. Several Commissions participate in various joint events throughout the year and other participation in Commission events may be required, as identified in the adopted annual work plan.
CELEBRATION
The Mayor and City Council appreciate the service of each and every Commissioner.
As a way to express their appreciation, once each year in the spring, the City Council hosts an event to honor current Commissioners for their service. The Mayor and City Council will allocate funding for the recognition event during the annual budget process.
FUNDRAISING
Certain Commission work plans call for fundraising efforts. Those funds may then be utilized for events, contributions to non-profits, or for other City services. Money raised on behalf of the City of Milpitas will be held by the City as part of and in accordance with best practices of the city’s Finance Department. Disbursement of those funds will require City Council approval. City staff will work with Commissions to ensure proper accounting procedures and practices are followed to reflect compliance with City and state regulations.
OUTGOING COMMISSIONER PRESENTATIONS
Outgoing commissioners are encouraged to consider sharing their knowledge on lessons learned as a City of Milpitas Commissioner by preparing and making a 15- minute presenting to anoother City Commission with overlapping subject matters.
Milpitas Commissioner Handbook 10 2023
Milpitas Commissioner Handbook 11 2023
Ethics and Expected Standards of Performance
City Commissioners are representatives of the City while serving in their role as volunteer Commissioners, both while in attendance at meetings and while present at City functions as a Commissioner. All Commissioners and Alternate Members shall behave ethically at all times in compliance with the City of Milpitas Anti- Discrimination, Harassment, and Retaliation Policy and Standard Operating Procedure 16-1 “Code of Conduct for Public Officials” (see Appendix B and C). The code requires dedicated service, equal treatment, under-standing of potential for and avoiding conflicts of interest, and refraining from participating in political activity while representing the Commission.
Here are links to ethics training courses available:
Fair Political Practices Commission:
http://www.fppc.ca.gov/learn/public-officials-and-employees-rules-/ethics- training.html
Institute for Local Government:
http://www.ca-ilg.org/ethics-education-ab-1234-training
Milpitas Commissioner Handbook 12 2023
California’s Ralph M. Brown Act
The Brown Act or Open Meetings law is found in the California Government Code section 54950 et seq. The Brown Act was enacted in 1953 to promote transparency and guarantee the public’s right to attend and participate in all meetings of local legislative bodies. Those bodies include temporary or permanent commissions, committees, boards or other bodies of a local agency, acting as either a decision- making body (such as Planning Commission) or advisory body (all others). Most importantly, according to this law, all meetings must be properly noticed for participants and for the public. City staff must ensure this occurs for all Commissions.
Notably, a majority of the members of any Commission may not discuss or deliberate on any business within the subject matter jurisdiction of the Commission except at a noticed meeting, and this includes in person interactions as well as serial or indirect communications.
Agendas for all meetings must be posted in advance of the meeting at the location of the meeting site and freely accessible to members of the public. In addition, agendas and minutes must also be posted to the City of Milpitas website. For meetings conducted at Milpitas City Hall, those agendas are posted on the outside noticing board for this purpose at the northwest entry to the building.
Regular Meeting agendas must be posted at least 72 hours before the meeting.
Regular meeting dates and times are established in the bylaws or bylaws addendums of those bodies.
Special Meetings are any meeting scheduled outside of the regularly established meeting date and time. The agenda for a special meeting must be posted at least 24 hours in advance.
Meetings that are improperly noticed will be cancelled. “Serial” meetings, where one Commissioner contacts another, who then contacts another Commissioner by phone, e-mail or in person, to discuss commission business and develop a majority consensus are explicitly prohibited by the Brown Act. All business of the Commission must be detailed on an agenda, posted in advance, and discussed at a duly noticed, public meeting held in an accessible location. Therefore, care must be taken to ensure that if a quorum (half of the members + 1) is gathered at a public or private place, no public business may be discussed. For this purpose, e-mail communications between Commissioners should be avoided including the use of “Reply All” to any staff notices sent via e-mail to the entire Commission. When corresponding with Commissioners, staff should ensure that communications with all Commissioners are conducted via BCC.
Milpitas Commissioner Handbook 13 2023
City of Milpitas Open Government Ordinance
In 2005, Milpitas City Council adopted the Open Government Ordinance and amended it in 2009. This is the local version of the City’s “Sunshine Law” and ensures that all public business of the city government is conducted in public. It enhances Brown Act requirements. This law is available to read and review in the City’s published Milpitas Municipal Code online, as Title I Chapter 310 found here:
https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIA D_CH310OPGOOR .
Milpitas Commissioner Handbook 14 2023
Parliamentary Procedure at Meetings
Meetings shall operate using standard parliamentary procedures following an approved meeting agenda. Most entities follow Robert’s Rules of Order (or, in the alternative, Rosenberg’s Rules of Order). Procedures generally include:
1. Establish and post a written agenda.
2. Agenda includes a Call to Order, Roll Call, note start and ending times.
3. Action by Motions made, seconded, discussed and voted upon.
4. Adjourn the meeting to conclude or continue the meeting.
One Commissioner can make a motion to approve an action, another member shall second the motion aloud, and then the Commission Chair shall call for a vote. Staff will record the number of votes in favor, the number opposed and any abstaining.
The Chair will announce the result of the vote. Voting is most frequently done by voice, aloud, and may also be done by roll call or by a show of hands.
Motions are not needed to open and close a public hearing, or to adjourn (end) the meeting. Some training resources are listed on the next page of this handbook.
The City Clerk can provide to each Commissioner one copy of the copyrighted booklet “The a-b-c’s of Parliamentary Procedure” published by Channing Bete.
Milpitas Commissioner Handbook 15 2023
Resources Available for Commissioners
City of Milpitas web page for Commissions:
http://www.milpitas.gov/318/Commissions
League of California Cities http://www.cacities.org
(Ethics, Brown Act and other training available online) Fair Political Practices Commission http://www.fppc.ca.gov (Training available on YouTube regarding Forms)
Parliamentary Procedure video http://www.youtube.com/watch?v=FfnBGolKmbM Roberts Rules of Order http://robertsrulesmadesimple.com/ http://www.rulesonline.com/
Rosenberg’s Rules of Order
https://www.cacities.org/UploadedFiles/LeagueInternet/77/77d4ee2b-c0bc-4ec2- 881b-42ccdbbe73c9.pdf
Conflict of Interest Guidelines
State of California Fair Political Practices Commission (“FPPC”) regulates reporting of potential conflicts of interest, according to the Political Reform Act. It mandates the filing of annual forms, known as Form 700/Statement of Economic Interests in accordance with the City’s adopted Conflict of Interest Code. City Council, specified City staff, and certain City Commissioners must file Form 700 with the City Clerk each year. Its purpose is to reveal any potential conflicts of interest, relative to any financial interests held solely within the City of Milpitas. Forms must be filed initially when first appointed (Assuming Office), annually by April 1 each year, and then once more when departing the Commission upon resignation or conclusion of the term (Leaving Office).
More information and Form 700 is online at www.fppc.ca.gov . Contact the Milpitas City Clerk with any questions.
Commissions required to file Form 700:
Arts Commission
Community Advisory Commission
Economic Development & Trade Commission
Energy & Environmental Sustainability Commission
Parks, Recreation and Cultural Resources Commission
Planning Commission
Science, Technology & Innovation Commission
Milpitas Commissioner Handbook 16 2023
APPENDICES
A. Standardized Commission By-Laws
B. Anti-Discrimination, Harassment, and Retaliation Policy C. Standard Operating Procedure 16-1 “Code of Conduct for Public Officials” D. FPPC Form 700 Statement of Economic Interests
E. City Council Resolution No. 7702 – notification upon resignation
Milpitas Commissioner Handbook 17 2023
APPENDIX A
Standardized Commission Bylaws
CITY OF MILPITAS
COMMISSION BY-LAWS
Section 1. Purpose
A Commission serves as an active advisory group to the City Council on a variety of topics as directed by the City Council. These Commission By-Laws are applicable to all Commissions except for the Planning Commission, which is governed by the Municipal Code, Chapter 500. In addition to these By-Laws, each Commission shall have an addendum that is specific to the Commission and includes information about the Commission scope, member eligibility, and meeting frequency.
Section 2. Membership
A Commission is composed of seven (7) members and two (2) alternates appointed by the Mayor and approved by the City Council. All members and alternates shall be Milpitas residents, 18 years or older, unless otherwise noted in the Commission Bylaws Addendum. In addition to the seven (7) members and two (2) alternates, one (1) Milpitas resident enrolled in grades 9-12 may also be appointed as non-voting member by the Mayor and confirmed by the City Council for all Commissions except for the Youth Advisory Commission. The City Council may appoint a Council liaison to serve on the Commission in a non-voting capacity.
Section 3. Term of Office & Removal
The term of office is three years, or until the seat is filled, for every Commission and is tied to specific seats, not actual Commission members or alternates. A Commission member or alternate is appointed for the term of the seat, which can be less than three years, based on the time of appointment. A Commission member can re-apply at the end of each term.
Members and alternates are expected to attend all meetings. When any member or alternate has three or more absences in a 12-month period, the City Clerk’s Office shall forward this information to the City Council for review and possible removal of the member or alternate from the Commission. Any member or alternate of the Commission may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting, with or without cause.
Members and alternates may apply for reappointment by submitting a letter or e-mail of interest to the Mayor with a copy to the City Clerk prior to the expiration of their term of office. Any member or alternate of the Commission who wishes to resign MUST submit a letter of resignation or email to the Mayor with a copy to the City Clerk. Resignations will be confirmed by the City Council at a regularly scheduled Council meeting.
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Section 4. Vacancies
Vacancies will be filled for the unexpired portion of the term by the Mayor with the approval of the City Council.
Section 5. Officers
A Chair and Vice Chair will be selected annually at the first meeting of the calendar year from the appointed members for a term of one year. The Chair will call for meetings and preside over all sessions. In the absence of the Chair and Vice Chair, the member with longest continuous service on the Commission will preside.
Section 6. Meetings
Commissions shall hold regular meetings at a predetermined day, week, time and location. All meetings shall be open to the public. Should a scheduled meeting occur on a holiday, said meeting will be deferred to the same day of the following week or to a date agreed upon by a majority of the Commission. Special meetings may be called by majority vote, the Chair, Staff Liaison, or the City Council. No meetings will be held in the month of July. Notice of any special meeting shall be given as required by law. Except as otherwise provided by these Bylaws, the Commission shall follow the latest edition of Robert’s Rules of Order for the orderly conduct of meetings.
Section 7. Quorum
A quorum is a majority of the total voting seats on the Commission. Any FOUR (4) voting members, including alternates, shall constitute a quorum for the transaction of business. Alternates count towards quorum even when not seated until after the start of a meeting.
Section 8. Voting and Seating of Alternates
Voting authority is extended to the SEVEN (7) regular members. An alternate member shall vote only if seated in the absence of a regular member. In the event that a regular member is absent, alternate members shall be seated in order of their alternate position. If a member arrives after an alternate has been seated, the alternate shall remain as the voting member until the end of the meeting.
Section 9. Duties of Commission to be Advisory Only
It is intended that the Commission shall be an advisory body to the City Council.
Section 10. Subcommittees
Other committees within the Commission will be subcommittees of the Commission. The Commission may appoint such subcommittees, with at least one Commission member on the subcommittee, but not more than three members so as not to constitute a quorum.
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Section 11. Assistance of Staff
The City Manager of the City of Milpitas shall provide the Commission with such information and staff assistance as the Commission may from time to time request subject to the limitations imposed by the City Council. The staff member designated by the City Manager shall attend meetings of the Commission, meetings of the Commission subcommittee as necessary, and submit such reports as said Commission may request and as deemed necessary or desirable, subject to limitations imposed by the City Council. The role of the Staff Liaison on a Commission is defined and should be referred to in the City of Milpitas Commissioner Handbook.
Section 12. Amendments
These Bylaws are subject to change through amendments approved by the City Council.
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APPENDIX B
Anti-Discrimination, Harassment, and Retaliation Policy Available at: http://www.milpitas.gov/DocumentCenter/View/123
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APPENDIX C
CITY OF MILPITAS, CALIFORNIA
STANDARD OPERATING PROCEDURE 16-1
Effective: 03-02-1970
Revised: 03-17-1976
06-02-2004
SUBJECT: CODE OF CONDUCT FOR PUBLIC OFFICIALS
The proper operation of democratic government requires that public officials and employees be independent, impartial, and responsible to the people. The purpose of this Code of Conduct is to establish ethical standards of conduct for all such persons and to direct disclosure by such public officials and employees of private, financial or other interests in matters affecting the City. This Code is distinct from the Milpitas Code of Ethics, which applies solely to elected and appointed officials, campaign candidates, city management, and senior staff.
The municipal officials and employees of the City of Milpitas, whether elected or appointed, are "public officials and employees" within the meaning and intent of this Code.
1. Responsibilities of public office.
a. Public officials and employees are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach.
b. Public officials and employees are bound to uphold the Constitution of the United States and the Constitution of the State of California and to carry out impartially the laws of the nation, state, and municipality.
2. Dedicated Service.
Public officials and employees should not exceed their authority or breach law or ask others to do so and they should work in full cooperation with other public officials and employees unless prohibited from doing so by law or by officially recognized confidentiality of their work.
3. Fair and Equal Treatment.
a. Unilateral Communications. No public official or employee should encourage, make, or accept any application or communication from any
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party made out of the presence and without the knowledge of other parties in a matter under consideration when such application or communication is designed to influence an official decision or the conduct of the official or other officials, employees, or agencies in order to obtain favored treatment or special consideration to advance the personal or private interests of himself/herself or others.
Any written unilateral communication received by a public official or employee in matters where all interested parties should have equal opportunity for a hearing should be made part of the record by the recipient. Any oral unilateral communication received under such condition should be written down in substance by the recipient and also made a part of the record.
b. Use of Public Property. No public official or employee shall request, use, or permit the use of city-owned vehicles, equipment, materials, or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such official or employee in the conduct of official business.
4. Conflict of Interest.
a. No public official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial interest or other personal interest, direct or indirect, which is incompatible with the proper discharge of his/her official duties in the public interest or would tend to impair his/her independence of judgment or action in the performance of said official duties. Personal, as distinguished from financial interests, includes an interest arising from blood or marriage relationships, personal friendships, fraternal relationships or close business or political associations.
b. Specific conflicts of interests are enumerated below for the guidance of officials. This list is merely illustrative and not exclusive:
(1) Incompatible Employment. No public official or employee shall engage in or accept private employment or render services from private interests when such employment or services is
incompatible with the proper discharge of his/her official duties or would tend to impair his/her independence of judgment or action in the performance of said official duties. In the event a public official or employee should possess a financial or personal interest in any business or transaction, any presumption of conflict of interest in his/her public duties shall be removed by disclosure of
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the nature and extent of such investment to the proper authority for the records of said authority.
(2) Disclosure of Confidential Information. No public official or employee shall, without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the City. Nor shall they use such information to advance the financial or other private interests of themselves over others. (3) Gifts and Favors. No public official or employee shall accept any gift at any time, whether in the form of a service, loan, thing, or promise, from any person, firm or corporation, which to his/her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any such official or employee accept a gift, favor or thing of value that may tend to influence him/her in the discharge of his/her duties, or grant in the discharge of said duties any improper favor, service, or thing of value. The following exceptions may be permitted with the approval of the City Manager:
(a) A gift of candy or other perishable food items to the City or department, which is to be kept in the office area and
shared by all employees;
(b) A gift justified by a personal relationship, which exists outside the realm of City business.
In situations where a public official or employee receives a gift, which is extremely embarrassing to return, the City Manager's Office has draft copies of letters, which might be enclosed to return the gift to the party who sent it. Anonymous gifts should be given to the City Manager's Office for disposal to a local charity if it has no useful purpose to the City.
(4) Representing Private Interests Before City Agencies or Courts. No public official or employee whose salary is paid in whole or in part by the City shall appear in behalf of private interests before any agency of the City; nor shall they represent private interests in any action or proceeding against the interest of the City or in any litigation to which the City is a party.
(5) Contracts with the City. The public has a right to assume that City employees are given no special advantages by virtue of their employment. Whether or not any special advantage exists, an
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employee's private involvement in any item bought or sold by the City is subject to criticism and misunderstanding and should be avoided. In accordance with Section 1090 of the Government Code, City officers and employees are prohibited from bidding on or buying any items offered for sale by the City. This prohibition includes:
(a) The auction and sale of bicycles, personal property, and other items confiscated or held for safekeeping by the City; and
(b) The use of intermediaries to purchase such items for a City of Milpitas employee.
No public official or employee shall become a vendor selling any item to the City. Further, said officials and employees shall not participate in City purchases to buy anything for themselves, friends or relatives. Nor shall City purchases be used to secure personal price advantages.
Public officials and employees are cautioned from accepting "discounts" or other advantages offered by vendors to "City Employees." While these may be legitimate business promotions from ethical businesses, employees should first ensure that they are not compromising themselves or placing the City in a potentially embarrassing position through a conflict with their official duties.
(6) Disclosure of Interest in Legislation. Any public official or employee who appears before the City Council and has a financial or private interest in any pending City legislation should disclose such interest on the record of the City Council and thereafter abstain from participating in discussions with or giving an opinion to the Council. (7) City officials or employees who discover lost or stolen property should immediately turn it in to the Police Department. If the property is discovered while on duty, the official or employee is not entitled to receive unclaimed property in accordance with the Civil Code. However, except for peace officers, unclaimed property discovered when off duty may be claimed in accordance with the law.
5. Political Activity.
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In accordance with Title VI, Chapter 101, Section 18, of the City Ordinance Code, no public official or employee shall during hours of work or when dressed in a uniform required in any department of the City or when wearing any City insignia required or permitted in any department of the City or while identifying themselves as an officer or employee of the City of Milpitas, participate in any City, District, County, State, Federal, or other political activity or participate in any nomination, campaign or election.
This does not prevent any officer or employee from:
a. Becoming or continuing to be a member of a political club or organization; b. Attending political meetings;
c. Enjoying entire freedom from all interference in voting; d. Speaking or accepting election or appointment to public office while on leave of absence;
e. Seeking signatures for any initiative or referendum petition directly affecting rates of pay, hours of work, retirement, civil service or other working conditions provided such activity is not carried on during hours of work;
f. Distributing badges, pamphlets, dodgers, or hand bills or other participation in any campaign in connection with such petition if the activity is not carried on during hours of work or when dressed in the uniform required in any department of the City.
A violation of any provisions of this Code may constitute a cause for suspension, removal from office or employment or other disciplinary action.
The Council amended this SOP and renamed it to Code of Conduct for Public Officials by Resolution No. 7414 effective June 1, 2004.
16-1/SOP/6-04
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APPENDIX D
FPPC Form 700 Statement of Economic Interests
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APPENDIX E
CITY OF MILPITAS
COMMISSIONERS HANDBOOK
2024
Adopted by Milpitas City Council on:
August 21, 2018
Revisions Approved by Milpitas City Council on:
January 19, 2021
April 5, 2022
August 19, 2022
June 20, 2023
Milpitas Commissioner Handbook 2 2023
Welcome to City of Milpitas
Service as a Volunteer Commissioner
455 EAST CALAVERAS BOULEVARD, MILPITAS, CALIFORNIA 95035-5479 PHONE: 408-586-3050, FAX: 408-586-3056, www.milpitas.gov Welcome and congratulations on joining the City of Milpitas team as a City Commissioner or Alternate! I am delighted that you are joining us as your appointment is important to your Commission’s role in advising the Milpitas City Council on topics and initiatives important to the Milpitas community.
Included in this Commissioner Handbook is information on areas such as participating in a public meeting, attendance, and the role of Commissioners, the staff and council liaisons. I am hopeful that you will use this handbook as a guide to help you at your meetings and as you work with your Commission on your annual Work Plan and advisory areas.
I look forward to all the great work you will do on your Commission and on behalf of the Milpitas City Council, thank you for your service to the Milpitas community! Sincerely,
Carmen Montano
Mayor
CI T Y O F MI L P I T A S
OF F I C E O F MA Y O R CA R M E N MO N T A N O
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INDEX
I. Introduction and Overview 4
II. Commission Roles 5
III. Joining and Leaving a Commission 6
IV. Commission Participation 7
V. Celebration and Fundraising 9
VI. Ethics and Expected Standards of Performance 10
VII. California’s Ralph M. Brown Act 11
VIII. City of Milpitas Open Government Ordinance 12
IX. Parliamentary Procedure at Meetings 13
X. Resources and Conflict of Interest Guidelines 14
XI. Appendices 15
Milpitas Commissioner Handbook 4 2023
Introduction and Overview
CITY OVERVIEW
City of Milpitas is a California municipality of approximately 84,000 residents, and was incorporated as a General Law City in January of 1954. Elected City Officers are the Mayor (term of 2 years) and four elected City Councilmembers (terms of 4 years each). Those leaders are elected by Milpitas voters on the ballot in November elections held each even year.
City Council is the body responsible for making all major policy decisions and direction for the City of Milpitas, including adoption of the City’s annual budget. The City Council votes at regular City Council meetings on all expenditures, major land use plans, infrastructure projects and facility and program activities. The Council relies on input from many sources, including the 12 Advisory Commissions and Measure F Oversight Committee, along with other Task Forces, Ad Hoc Committees and residents at large.
CURRENT CITY COMMISSIONS AND COMMITTEES
As of the publication of this manual, the following are 12 City of Milpitas Commissions and 1 Committee for which residents may volunteer to serve by Mayoral appointment:
Arts Commission
Community Advisory Commission
Economic Development and Trade Commission
Energy and Environmental Sustainability Commission
Library and Education Advisory Commission
Parks, Recreation and Cultural Resources Commission
Planning Commission
Public Safety and Emergency Preparedness Commission
Senior Advisory Commission
Science, Technology and Innovation Commission
Veterans Commission
Youth Advisory Commission
Measure F Oversight Committee
All Commissions will consist of seven (7) appointed Commissioners, except the Parks, Recreation and Cultural Resources Commission which will consist of nine (9) appointed Commissioners. All Commissions, except the Planning Commission, will also have 2 appointed Alternate Members, and all Commissions, except the Planning Commission and Youth Advisory Commission, may have one (1) Milpitas resident enrolled in grades 9-12, as a non-voting member. The Arts Commission may have two (2) Milpitas residents enrolled in grades 9-12, one from each Milpitas area public high school, as non-voting members.
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AD HOC TASK FORCES
From time to time, as needs arise, the Milpitas City Council may choose to appoint residents to serve on ad hoc advisory bodies. Examples include the HOPE (Suicide Prevention) Task Force, and the CEDAW Task Force. Each body to which members are appointed by the City Council shall report back to the Council at appropriate intervals and upon conclusion of the task assigned by the Council. Members’ service concludes once a final report is provided to City Council, or as City Council directs.
Commission Roles
Commissioners serve as voluntary members from the community advising the City Council on policies related to the purpose of their Commission. They are expected to attend all meetings, actively participate and deliberate, and vote on any matters that are requested for recommendation to the City Council.
Alternate Members serve only in the absence of a voting member. When a voting Commissioner is absent from a Commission meeting, alternates will be seated at the table or dais to participate in a voting role at the start of the meeting. If a regular voting Commissioner arrives subsequently, that person shall not participate as a voting member and the Alternate Commissioner will continue to serve as a voting member. Otherwise, Alternate members do not deliberate or vote when all regular members are present at the Commission meeting.
Once per year, Commissioners will vote to elect a Chair and Vice Chair of the Commission. The Chair is responsible for leading the regular meetings of the Commission. The Chair shall call the meeting to order, state items to be discussed on the agenda, permit all members the opportunity to be heard, allow for comments from the public, call for a vote when required and work directly with the staff liaison to ensure a successful meeting. The Vice Chair shall serve the role of Chair in the absence of the Chair. No Commissioner shall serve more than three consecutive years as the Chair or Vice Chair of any Milpitas Commission.
A City staff liaison to your Commission is available to provide staff support and work closely with the Chair to develop the meeting agendas and any information gathered for benefit of the Commissioners. Staff shall assist in guiding the work of the Commission, provide agendas and take meeting minutes. The City Manager shall assign appropriate staff liaison(s) to each Commission.
Volunteer City Commissioners do not direct or delegate work tasks to staff or Council liaisons. Commission annual work plan activities and assignments are to be completed by Commissioners.
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Each Commission, except for the Planning Commission, will be assigned a City Council Liaison. City Council liaisons are non-voting participants, acting in a capacity reflecting the majority opinion of the City Council, which is defined by current or past official City Council action via City Council vote or consensus. The City Council liaison will endeavor to attend all Commission meetings of those bodies to which they are assigned.
The City Attorney may be available to provide legal advice when asked by the staff liaison regarding the Brown Act, parliamentary procedure, or on topics related to the Commission’s business. Except for the Planning Commission, the City Attorney will not attend Commission meetings on a regular basis.
The Milpitas Mayor and City Council together serve as the ultimate deliberative body regarding all business and policy matters for the City of Milpitas. Significant work by Commissions shall result in recommendations to the City Council, which will then vote to approve any City policy or expenditure.
Joining and Leaving a Commission
Requirement to serve: to be appointed to most Commissions, you must be a current Milpitas resident over the age of eighteen (18). Specific requirements for select Commissions are reflected in the approved Bylaws Addendums. For example, members of the Economic Development and Trade Commission are not required to be residents, however, they shall represent various segments of the business community.
The City Council may appoint one (1) Milpitas resident enrolled in grades 9-12, as a non-voting member, to a Commission (except the Planning and Youth Advisory Commission). For the Arts Commission, the City Council may appoint two (2) Milpitas residents enrolled in grades 9-12, one from each Milpitas area public high school, as non-voting members.
APPLICATION & APPOINTMENT
To apply for service on any City of Milpitas Commission, residents or interested persons must complete a Commission Application and submit the form to the City Clerk. The form may be submitted online, in person, by US postal mail or by e-mail.
The form is available from the City Clerk’s office or on the City website. If requested, applicants may be asked to complete a supplemental questionnaire.
Copies of applications are provided to the Mayor for their consideration. Per Government Code, the Mayor of a General Law city holds the power of appointment, upon confirmation by the City Council. The City Council must vote to affirm all appointments to Commissions by the Mayor.
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Applicants may express interest in serving on more than one Commission. However, residents may only serve on one Commission at a time, except by special exception of the City Council. City employees may not be appointed to Commissions.
RE-APPOINTMENT
Commissioners may seek to be re-appointed upon expiration of their current term.
Re-appointment to a new term is not automatic, but rather must be recommended by the Mayor and confirmed by the City Council. To be considered for re- appointment, commissioners should submit their request in writing to the City Clerk prior to the expiration of their term. The City Clerk will transmit those requests to the Mayor.
RESIGNATION
Commissioners no longer available to serve, or that no longer meet the requirements to serve, must submit their resignation in writing by sending a written communication to the City Clerk and the Mayor pursuant to City Council Resolution No. 7702. The City Council will be notified of resignations in the bi-weekly City Manager’s Report to the City Council.
California Government Code §54974 requires that a Notice of Unscheduled Vacancy then be posted for at least ten working days to invite new applicants for the vacant Commission seat.
TERMS OF SERVICE
The term for each Commission seat is a period of three years and the term of service is tied to the Commission seat, not the commissioner. When a new Commissioner is appointed to fill a vacancy, they are appointed to fill the remainder of the term assigned to that Commission seat. Alternate Commissioner terms will be tied to the individual appointed for the duration of their service as an alternate.
Commission Participation
BYLAWS AND ORIENTATION BY STAFF
All City of Milpitas Commissions have written By-Laws by which Commissioners and staff abide, which are written by the City Attorney. By-laws may be viewed on the City’s website and are provided to all Commissioners from their staff liaison.
A template for the basic edition of all Commission by-laws is included with this handbook, in the appendix.
Links to all Commission’s By-laws can be found online on each Commission page:
http://www.milpitas.gov/318/Commissions
Milpitas Commissioner Handbook 8 2023
The staff liaison shall provide onboarding to newly appointed Commissioners.
Extensive training is provided in particular to the Planning Commission, commensurate with those duties related to land use decision making – serving as a quasi-judicial body - per the Milpitas Municipal Code. It is the commissioner’s responsibility to ensure staff has up-to-date contact information allowing communication via email for distribution of agendas or other important information.
A nameplate is created for each new Commissioner. Business cards up to 50 each annually may be printed by staff, in house, on City standard format for Commissioners for City business purposes only. City of Milpitas business cards with City logo may not be printed privately or by an outside party.
ANNUAL WORKPLAN
Each Commission shall discuss and prepare its annual work plan, which shall be submitted and approved by City Council. The work plan is a list of the anticipated topics, assignments and goals that Commissioners will focus on over a 12 months’ period. In turn, the Council may request an annual report listing accomplishments of each Commission based on the work plan. Annual Reports will be submitted to the City Council.
ANNUAL BUDGET
City Council shall allocate $1,000 annually for each Commission. Funds are to be used towards City Council approved Work Plan tasks and projects, and administrative costs related to the Commission. Those Commissions that determine a need for additional funding shall return to City Council with a stated request for more funds and the purpose for those. City Council shall approve or deny any request for such expenditures.
REQUIRED ATTENDANCE
All appointed Commissioners (and Committee or other ad hoc body members) are expected to attend all regular meetings. Meetings are scheduled at specified times each month or at regular intervals. Attendance and participation in the business of the Commission is necessary for the success of the Commission in achieving its annual work plan goals. When a Commissioner is unable to attend a meeting, it is courteous to notify the City staff liaison and Commission Chair of expected absence.
Attendance is tracked by staff and the City Clerk shall report to the City Council quarterly. If any Commissioner is absent from three or more meetings in a year, that information will be reported to the City Council and can be grounds for removal. This policy allows for another resident to be appointed to the Commission.
POLICY FOR REMOVAL
Milpitas Commissioner Handbook 9 2023
Commissioners serve at the pleasure of the Mayor and City Council. Commissioners or alternates may be removed for reasons including, but not limited to, the following:
1. Failure to Adhere to Attendance Requirements
2. Harassment of Staff
3. Racist/Sexist Remarks Towards the Public or Other Commissioners
4. Misrepresentation
5. Failure to Meet the Requirements to Serve on a Commission
6. Failure to Adhere to the Ethical Standards Expected of a Commissioner.
PARTICIPATION
When attending Commission meetings, all voting members have the opportunity and right to participate and be heard. The Chair of the Commission holds the responsibility for decorum at the meetings and shall permit each Commissioner to offer comments and make motions on matters on the meeting agenda.
Additionally, certain Commissions expect participation outside of regularly scheduled meetings. For example, Planning Commissioners may attend the annual Planners Institute offered by the League of California Cities. Several Commissions participate in various joint events throughout the year and other participation in Commission events may be required, as identified in the adopted annual work plan.
CELEBRATION
The Mayor and City Council appreciate the service of each and every Commissioner.
As a way to express their appreciation, once each year in the spring, the City Council hosts an event to honor current Commissioners for their service. The Mayor and City Council will allocate funding for the recognition event during the annual budget process.
FUNDRAISING
Certain Commission work plans call for fundraising efforts. Those funds may then be utilized for events, contributions to non-profits, or for other City services. Money raised on behalf of the City of Milpitas will be held by the City as part of and in accordance with best practices of the city’s Finance Department. Disbursement of those funds will require City Council approval. City staff will work with Commissions to ensure proper accounting procedures and practices are followed to reflect compliance with City and state regulations.
OUTGOING COMMISSIONER PRESENTATIONS
Outgoing commissioners are encouraged to consider sharing their knowledge on lessons learned as a City of Milpitas Commissioner by preparing and making a 15- minute presenting to another City Commission with overlapping subject matter.
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Milpitas Commissioner Handbook 11 2023
Ethics and Expected Standards of Performance
City Commissioners are representatives of the City while serving in their role as volunteer Commissioners, both while in attendance at meetings and while present at City functions as a Commissioner. All Commissioners and Alternate Members shall behave ethically at all times in compliance with the City of Milpitas Anti- Discrimination, Harassment, and Retaliation Policy and Standard Operating Procedure 16-1 “Code of Conduct for Public Officials” (see Appendix B and C). The code requires dedicated service, equal treatment, under-standing of potential for and avoiding conflicts of interest, and refraining from participating in political activity while representing the Commission.
Here are links to ethics training courses available:
Fair Political Practices Commission:
http://www.fppc.ca.gov/learn/public-officials-and-employees-rules-/ethics- training.html
Institute for Local Government:
http://www.ca-ilg.org/ethics-education-ab-1234-training
Milpitas Commissioner Handbook 12 2023
California’s Ralph M. Brown Act
The Brown Act or Open Meetings law is found in the California Government Code section 54950 et seq. The Brown Act was enacted in 1953 to promote transparency and guarantee the public’s right to attend and participate in all meetings of local legislative bodies. Those bodies include temporary or permanent commissions, committees, boards or other bodies of a local agency, acting as either a decision- making body (such as Planning Commission) or advisory body (all others). Most importantly, according to this law, all meetings must be properly noticed for participants and for the public. City staff must ensure this occurs for all Commissions.
Notably, a majority of the members of any Commission may not discuss or deliberate on any business within the subject matter jurisdiction of the Commission except at a noticed meeting, and this includes in person interactions as well as serial or indirect communications.
Agendas for all meetings must be posted in advance of the meeting at the location of the meeting site and freely accessible to members of the public. In addition, agendas and minutes must also be posted to the City of Milpitas website. For meetings conducted at Milpitas City Hall, those agendas are posted on the outside noticing board for this purpose at the northwest entry to the building.
Regular Meeting agendas must be posted at least 72 hours before the meeting.
Regular meeting dates and times are established in the bylaws or bylaws addendums of those bodies.
Special Meetings are any meeting scheduled outside of the regularly established meeting date and time. The agenda for a special meeting must be posted at least 24 hours in advance.
Meetings that are improperly noticed will be cancelled. “Serial” meetings, where one Commissioner contacts another, who then contacts another Commissioner by phone, e-mail or in person, to discuss commission business and develop a majority consensus are explicitly prohibited by the Brown Act. All business of the Commission must be detailed on an agenda, posted in advance, and discussed at a duly noticed, public meeting held in an accessible location. Therefore, care must be taken to ensure that if a quorum (half of the members + 1) is gathered at a public or private place, no public business may be discussed. For this purpose, e-mail communications between Commissioners should be avoided including the use of “Reply All” to any staff notices sent via e-mail to the entire Commission. When corresponding with Commissioners, staff should ensure that communications with all Commissioners are conducted via BCC.
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City of Milpitas Open Government Ordinance
In 2005, Milpitas City Council adopted the Open Government Ordinance and amended it in 2009. This is the local version of the City’s “Sunshine Law” and ensures that all public business of the city government is conducted in public. It enhances Brown Act requirements. This law is available to read and review in the City’s published Milpitas Municipal Code online, as Title I Chapter 310 found here:
https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIA D_CH310OPGOOR .
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Parliamentary Procedure at Meetings
Meetings shall operate using standard parliamentary procedures following an approved meeting agenda. Most entities follow Robert’s Rules of Order (or, in the alternative, Rosenberg’s Rules of Order). Procedures generally include:
1. Establish and post a written agenda.
2. Agenda includes a Call to Order, Roll Call, note start and ending times.
3. Action by Motions made, seconded, discussed and voted upon.
4. Adjourn the meeting to conclude or continue the meeting.
One Commissioner can make a motion to approve an action, another member shall second the motion aloud, and then the Commission Chair shall call for a vote. Staff will record the number of votes in favor, the number opposed and any abstaining.
The Chair will announce the result of the vote. Voting is most frequently done by voice, aloud, and may also be done by roll call or by a show of hands.
Motions are not needed to open and close a public hearing, or to adjourn (end) the meeting. Some training resources are listed on the next page of this handbook.
The City Clerk can provide to each Commissioner one copy of the copyrighted booklet “The a-b-c’s of Parliamentary Procedure” published by Channing Bete.
Milpitas Commissioner Handbook 15 2023
Resources Available for Commissioners
City of Milpitas web page for Commissions:
http://www.milpitas.gov/318/Commissions
League of California Cities http://www.cacities.org
(Ethics, Brown Act and other training available online) Fair Political Practices Commission http://www.fppc.ca.gov (Training available on YouTube regarding Forms)
Parliamentary Procedure video http://www.youtube.com/watch?v=FfnBGolKmbM Roberts Rules of Order http://robertsrulesmadesimple.com/ http://www.rulesonline.com/
Rosenberg’s Rules of Order
https://www.cacities.org/UploadedFiles/LeagueInternet/77/77d4ee2b-c0bc-4ec2- 881b-42ccdbbe73c9.pdf
Conflict of Interest Guidelines
State of California Fair Political Practices Commission (“FPPC”) regulates reporting of potential conflicts of interest, according to the Political Reform Act. It mandates the filing of annual forms, known as Form 700/Statement of Economic Interests in accordance with the City’s adopted Conflict of Interest Code. City Council, specified City staff, and certain City Commissioners must file Form 700 with the City Clerk each year. Its purpose is to reveal any potential conflicts of interest, relative to any financial interests held solely within the City of Milpitas. Forms must be filed initially when first appointed (Assuming Office), annually by April 1 each year, and then once more when departing the Commission upon resignation or conclusion of the term (Leaving Office).
More information and Form 700 is online at www.fppc.ca.gov . Contact the Milpitas City Clerk with any questions.
Commissions required to file Form 700:
Arts Commission
Community Advisory Commission
Economic Development & Trade Commission
Energy & Environmental Sustainability Commission
Parks, Recreation and Cultural Resources Commission
Planning Commission
Science, Technology & Innovation Commission
Milpitas Commissioner Handbook 16 2023
APPENDICES
A. Standardized Commission By-Laws
B. Anti-Discrimination, Harassment, and Retaliation Policy C. Standard Operating Procedure 16-1 “Code of Conduct for Public Officials” D. FPPC Form 700 Statement of Economic Interests
E. City Council Resolution No. 7702 – notification upon resignation
Milpitas Commissioner Handbook 17 2023
APPENDIX A
Standardized Commission Bylaws
CITY OF MILPITAS
COMMISSION BY-LAWS
Section 1. Purpose
A Commission serves as an active advisory group to the City Council on a variety of topics as directed by the City Council. These Commission By-Laws are applicable to all Commissions except for the Planning Commission, which is governed by the Municipal Code, Chapter 500. In addition to these By-Laws, each Commission shall have an addendum that is specific to the Commission and includes information about the Commission scope, member eligibility, and meeting frequency.
Section 2. Membership
A Commission is composed of seven (7) members and two (2) alternates appointed by the Mayor and approved by the City Council. All members and alternates shall be Milpitas residents, 18 years or older, unless otherwise noted in the Commission Bylaws Addendum. In addition to the seven (7) members and two (2) alternates, one (1) Milpitas resident enrolled in grades 9-12 may also be appointed as non-voting member by the Mayor and confirmed by the City Council for all Commissions except for the Youth Advisory Commission. The City Council may appoint a Council liaison to serve on the Commission in a non-voting capacity.
Section 3. Term of Office & Removal
The term of office is three years, or until the seat is filled, for every Commission and is tied to specific seats, not actual Commission members or alternates. A Commission member or alternate is appointed for the term of the seat, which can be less than three years, based on the time of appointment. A Commission member can re-apply at the end of each term.
Members and alternates are expected to attend all meetings. When any member or alternate has three or more absences in a 12-month period, the City Clerk’s Office shall forward this information to the City Council for review and possible removal of the member or alternate from the Commission. Any member or alternate of the Commission may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting, with or without cause.
Members and alternates may apply for reappointment by submitting a letter or e-mail of interest to the Mayor with a copy to the City Clerk prior to the expiration of their term of office. Any member or alternate of the Commission who wishes to resign MUST submit a letter of resignation or email to the Mayor with a copy to the City Clerk. Resignations will be confirmed by the City Council at a regularly scheduled Council meeting.
Milpitas Commissioner Handbook 18 2023
Section 4. Vacancies
Vacancies will be filled for the unexpired portion of the term by the Mayor with the approval of the City Council.
Section 5. Officers
A Chair and Vice Chair will be selected annually at the first meeting of the calendar year from the appointed members for a term of one year. The Chair will call for meetings and preside over all sessions. In the absence of the Chair and Vice Chair, the member with longest continuous service on the Commission will preside.
Section 6. Meetings
Commissions shall hold regular meetings at a predetermined day, week, time and location. All meetings shall be open to the public. Should a scheduled meeting occur on a holiday, said meeting will be deferred to the same day of the following week or to a date agreed upon by a majority of the Commission. Special meetings may be called by majority vote, the Chair, Staff Liaison, or the City Council. No meetings will be held in the month of July. Notice of any special meeting shall be given as required by law. Except as otherwise provided by these Bylaws, the Commission shall follow the latest edition of Robert’s Rules of Order for the orderly conduct of meetings.
Section 7. Quorum
A quorum is a majority of the total voting seats on the Commission. Any FOUR (4) voting members, including alternates, shall constitute a quorum for the transaction of business. Alternates count towards quorum even when not seated until after the start of a meeting.
Section 8. Voting and Seating of Alternates
Voting authority is extended to the SEVEN (7) regular members. An alternate member shall vote only if seated in the absence of a regular member. In the event that a regular member is absent, alternate members shall be seated in order of their alternate position. If a member arrives after an alternate has been seated, the alternate shall remain as the voting member until the end of the meeting.
Section 9. Duties of Commission to be Advisory Only
It is intended that the Commission shall be an advisory body to the City Council.
Section 10. Subcommittees
Other committees within the Commission will be subcommittees of the Commission. The Commission may appoint such subcommittees, with at least one Commission member on the subcommittee, but not more than three members so as not to constitute a quorum.
Milpitas Commissioner Handbook 19 2023
Section 11. Assistance of Staff
The City Manager of the City of Milpitas shall provide the Commission with such information and staff assistance as the Commission may from time to time request subject to the limitations imposed by the City Council. The staff member designated by the City Manager shall attend meetings of the Commission, meetings of the Commission subcommittee as necessary, and submit such reports as said Commission may request and as deemed necessary or desirable, subject to limitations imposed by the City Council. The role of the Staff Liaison on a Commission is defined and should be referred to in the City of Milpitas Commissioner Handbook.
Section 12. Amendments
These Bylaws are subject to change through amendments approved by the City Council.
Milpitas Commissioner Handbook 20 2023
APPENDIX B
Anti-Discrimination, Harassment, and Retaliation Policy Available at: http://www.milpitas.gov/DocumentCenter/View/123
Milpitas Commissioner Handbook 21 2023
APPENDIX C
CITY OF MILPITAS, CALIFORNIA
STANDARD OPERATING PROCEDURE 16-1
Effective: 03-02-1970
Revised: 03-17-1976
06-02-2004
SUBJECT: CODE OF CONDUCT FOR PUBLIC OFFICIALS
The proper operation of democratic government requires that public officials and employees be independent, impartial, and responsible to the people. The purpose of this Code of Conduct is to establish ethical standards of conduct for all such persons and to direct disclosure by such public officials and employees of private, financial or other interests in matters affecting the City. This Code is distinct from the Milpitas Code of Ethics, which applies solely to elected and appointed officials, campaign candidates, city management, and senior staff.
The municipal officials and employees of the City of Milpitas, whether elected or appointed, are "public officials and employees" within the meaning and intent of this Code.
1. Responsibilities of public office.
a. Public officials and employees are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach.
b. Public officials and employees are bound to uphold the Constitution of the United States and the Constitution of the State of California and to carry out impartially the laws of the nation, state, and municipality.
2. Dedicated Service.
Public officials and employees should not exceed their authority or breach law or ask others to do so and they should work in full cooperation with other public officials and employees unless prohibited from doing so by law or by officially recognized confidentiality of their work.
3. Fair and Equal Treatment.
a. Unilateral Communications. No public official or employee should encourage, make, or accept any application or communication from any
Milpitas Commissioner Handbook 22 2023
party made out of the presence and without the knowledge of other parties in a matter under consideration when such application or communication is designed to influence an official decision or the conduct of the official or other officials, employees, or agencies in order to obtain favored treatment or special consideration to advance the personal or private interests of himself/herself or others.
Any written unilateral communication received by a public official or employee in matters where all interested parties should have equal opportunity for a hearing should be made part of the record by the recipient. Any oral unilateral communication received under such condition should be written down in substance by the recipient and also made a part of the record.
b. Use of Public Property. No public official or employee shall request, use, or permit the use of city-owned vehicles, equipment, materials, or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such official or employee in the conduct of official business.
4. Conflict of Interest.
a. No public official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial interest or other personal interest, direct or indirect, which is incompatible with the proper discharge of his/her official duties in the public interest or would tend to impair his/her independence of judgment or action in the performance of said official duties. Personal, as distinguished from financial interests, includes an interest arising from blood or marriage relationships, personal friendships, fraternal relationships or close business or political associations.
b. Specific conflicts of interests are enumerated below for the guidance of officials. This list is merely illustrative and not exclusive:
(1) Incompatible Employment. No public official or employee shall engage in or accept private employment or render services from private interests when such employment or services is
incompatible with the proper discharge of his/her official duties or would tend to impair his/her independence of judgment or action in the performance of said official duties. In the event a public official or employee should possess a financial or personal interest in any business or transaction, any presumption of conflict of interest in his/her public duties shall be removed by disclosure of
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the nature and extent of such investment to the proper authority for the records of said authority.
(2) Disclosure of Confidential Information. No public official or employee shall, without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the City. Nor shall they use such information to advance the financial or other private interests of themselves over others. (3) Gifts and Favors. No public official or employee shall accept any gift at any time, whether in the form of a service, loan, thing, or promise, from any person, firm or corporation, which to his/her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any such official or employee accept a gift, favor or thing of value that may tend to influence him/her in the discharge of his/her duties, or grant in the discharge of said duties any improper favor, service, or thing of value. The following exceptions may be permitted with the approval of the City Manager:
(a) A gift of candy or other perishable food items to the City or department, which is to be kept in the office area and
shared by all employees;
(b) A gift justified by a personal relationship, which exists outside the realm of City business.
In situations where a public official or employee receives a gift, which is extremely embarrassing to return, the City Manager's Office has draft copies of letters, which might be enclosed to return the gift to the party who sent it. Anonymous gifts should be given to the City Manager's Office for disposal to a local charity if it has no useful purpose to the City.
(4) Representing Private Interests Before City Agencies or Courts. No public official or employee whose salary is paid in whole or in part by the City shall appear in behalf of private interests before any agency of the City; nor shall they represent private interests in any action or proceeding against the interest of the City or in any litigation to which the City is a party.
(5) Contracts with the City. The public has a right to assume that City employees are given no special advantages by virtue of their employment. Whether or not any special advantage exists, an
Milpitas Commissioner Handbook 24 2023
employee's private involvement in any item bought or sold by the City is subject to criticism and misunderstanding and should be avoided. In accordance with Section 1090 of the Government Code, City officers and employees are prohibited from bidding on or buying any items offered for sale by the City. This prohibition includes:
(a) The auction and sale of bicycles, personal property, and other items confiscated or held for safekeeping by the City; and
(b) The use of intermediaries to purchase such items for a City of Milpitas employee.
No public official or employee shall become a vendor selling any item to the City. Further, said officials and employees shall not participate in City purchases to buy anything for themselves, friends or relatives. Nor shall City purchases be used to secure personal price advantages.
Public officials and employees are cautioned from accepting "discounts" or other advantages offered by vendors to "City Employees." While these may be legitimate business promotions from ethical businesses, employees should first ensure that they are not compromising themselves or placing the City in a potentially embarrassing position through a conflict with their official duties.
(6) Disclosure of Interest in Legislation. Any public official or employee who appears before the City Council and has a financial or private interest in any pending City legislation should disclose such interest on the record of the City Council and thereafter abstain from participating in discussions with or giving an opinion to the Council. (7) City officials or employees who discover lost or stolen property should immediately turn it in to the Police Department. If the property is discovered while on duty, the official or employee is not entitled to receive unclaimed property in accordance with the Civil Code. However, except for peace officers, unclaimed property discovered when off duty may be claimed in accordance with the law.
5. Political Activity.
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In accordance with Title VI, Chapter 101, Section 18, of the City Ordinance Code, no public official or employee shall during hours of work or when dressed in a uniform required in any department of the City or when wearing any City insignia required or permitted in any department of the City or while identifying themselves as an officer or employee of the City of Milpitas, participate in any City, District, County, State, Federal, or other political activity or participate in any nomination, campaign or election.
This does not prevent any officer or employee from:
a. Becoming or continuing to be a member of a political club or organization; b. Attending political meetings;
c. Enjoying entire freedom from all interference in voting; d. Speaking or accepting election or appointment to public office while on leave of absence;
e. Seeking signatures for any initiative or referendum petition directly affecting rates of pay, hours of work, retirement, civil service or other working conditions provided such activity is not carried on during hours of work;
f. Distributing badges, pamphlets, dodgers, or hand bills or other participation in any campaign in connection with such petition if the activity is not carried on during hours of work or when dressed in the uniform required in any department of the City.
A violation of any provisions of this Code may constitute a cause for suspension, removal from office or employment or other disciplinary action.
The Council amended this SOP and renamed it to Code of Conduct for Public Officials by Resolution No. 7414 effective June 1, 2004.
16-1/SOP/6-04
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APPENDIX D
FPPC Form 700 Statement of Economic Interests
Milpitas Commissioner Handbook 27 2023
APPENDIX E
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Designation of Community Development Block Grant Program Certifying Officer for the National Environmental Policy Act (Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046; and Robert Musallam, Housing Division Manager, 408-586-3275)
Category: Consent Calendar-Community Development
Meeting Date: 3/19/2024
Recommendation: Adopt a resolution designating the City Manager as the “Certifying Officer” as defined in 24 CFR Part 58 for the Housing Division of the City of Milpitas for purposes of compliance with the National Environmental Policy Act under the Community Development Block Grant Program.
BACKGROUND:
The U.S. Department of Housing and Urban Development (HUD) provides the City of Milpitas with an annual entitlement grant through the Community Development Block Grant (CDBG) program to provide resources to the most vulnerable low- and moderate-income Milpitas communities.
Grantees who receive CDBG funds are considered responsible entities and must complete an environmental review of all HUD-assisted projects prior to obligating CDBG funds. The purpose of the environmental review process is to analyze the effect a proposed project will have on the people and the natural environment within a designated project area and the effect the material and social environment may have on a project. The HUD rules and regulations that govern the environmental review process can be found in 24 CFR Part 58.
ANALYSIS:
To comply with program guidelines, HUD requires recipients of these federal funds to assume responsibility for conducting environmental reviews for projects and programs per the National Environmental Policy Act (NEPA). In assuming HUD’s responsibilities under NEPA, HUD requires each jurisdiction to designate an individual to carry out the responsibilities of “certifying officer” as defined in 24 CFR Part 58.
The City Manager serves as the chief executive official and has the authority to assume legal responsibility for certifying that all environmental requirements have been followed. This function may not be assumed by administering agencies or consultants. The Certifying Officer will evaluate all CDBG projects initially reviewed by the Housing Division for any environmental impacts. In addition, the Certifying Officer is responsible for the final environmental review sign-off on behalf of the City of Milpitas.
FISCAL IMPACT:
At this time, there is no fiscal impact associated with this item to designate a Certifying Officer for the National Environmental Policy Act.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The actions being considered have no potential to cause a significant effect on the environment and are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3).
Further, this action does not meet the definition of a project under CEQA Guideline 15378 as it is a government fiscal activity that does not commit to any project that would result in a potentially significant impact on the environment.
RECOMMENDATION:
Adopt a resolution designating the City Manager as the “Certifying Officer” as defined in 24 CFR Part 58 for the Housing Division of the City of Milpitas for purposes of compliance with the National Environmental Policy Act under the Community Development Block Grant Program.
Attachment(s):
(a) NEPA Certifying Officer Resolution
(b) Delegation of NEPA Certifying Officer Letter
RESOLUTION NO. ________
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN
DOCUMENTATION REQUIRED FOR ENVIRONMENTAL REVIEWS
ASSOCIATED WITH PROJECTS FUNDED BY COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS
WHEREAS, the United States Department of Housing and Urban Development and the United States Environmental Protection Agency impose upon the City of Milpitas an obligation to comply with certain signatory and reporting requirements for environmental reviews associated with projects funded by Community Development Block Grant Funds; and
WHEREAS, in order to fulfill its obligations under 24 CFR Part 58, the City as a “Responsible Entity” must designate a “Certifying Officer” to certify compliance with the National Environmental Policy Act and other relevant federal laws; and
WHEREAS, in order to administer federal Community Development Block Grant Funds, the City must certify to HUD that the City Manager, or his/her designee in his/her official capacity, consents to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision making, and action and that these responsibilities have been satisfied; and
WHEREAS, the legal effect of the certification is that upon its approval, the City of Milpitas may use the Community Development Block Grant funds, and HUD will have satisfied its responsibilities under the National Environmental Policy Act of 1969 and other environmental responsibilities listed in 24 CFR Parts 50 and 58; and
NOW, THEREFORE, BE IT RESOLVED that for any potential CDBG-funded project where the project is: 1) exempt by definition pursuant to 24 CFR § 58.34, 2) categorically excluded and not subject to 24 CFR Part 58, or 3) categorically excluded and subject to review with 24 CFR §58.5 but no compliance/consultation with regulatory authorities is required, the City designates the City Manager of Milpitas as the Certifying Officer. As the Certifying Officer, City Manager may do all acts necessary to approve the submission of the environmental review documents to the federal government and certify compliance in accordance with this resolution; and
BE IT FURTHER RESOLVED that for any potential CDBG-funded project where either: 1) the project is categorically excluded and subject to review with 24 CFR § 58.5 and compliance/consultation is required or 2) the project requires an environmental assessment and/or environmental impact statement, the City designates the City Manager, the City Manager may do all acts necessary to approve the submission of the environmental review documents to the federal government and certify compliance in accordance with this resolution; and BE IT FURTHER RESOLVED that for any project where an environmental review was submitted to the federal government prior to March 19, 2024, and where any potentially CDBG- funded project was: 1) exempt by definition pursuant to 24 CFR § 58.34, 2) categorically excluded and not subject to 24 CFR § 58.5, or 3) categorically excluded and subject to review with 24 CFR §58.5 but no compliance/consultation with regulatory authorities was required, the City ratifies all actions, signatory approvals, and certifications by employees of the City that were necessary to complete those environmental reviews submitted to the federal government. The City designates any such employee as
2 Resolution No. XXXX
a Certifying Officer for the City of Milpitas for the projects acted upon and certified by the employee prior to March 19, 2024.
PASSED AND ADOPTED this _____ day of ____ 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Suzanne Guzzetta, City Clerk Carmen Montano, City of Milpitas Mayor APPROVED AS TO FORM:
Michael Mutalipassi, City Attorney
Date
Sent Via Email and Mail
Alice Walkup
Director, Community Planning & Development Division
US Department of Housing and Urban Development
One Sansome Street, 12th Floor
San Francisco, CA 94104
SUBJECT: Delegation of Certifying Officer in accordance with 24 C.F.R. 58 Dear Ms. Walkup,
The City of Milpitas Housing Division is a recipient of funds from the U.S. Department of Housing and Urban Development. These funds are subject to environmental review, decision-making, and action responsibilities under the National Environmental Policy Act (NEPA) and 24 C.F.R. Part 58, “Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities”.
As Mayor of the City of Milpitas, I hereby delegate to the City Manager the authority to carry out the responsibilities of certifying officer as provided in 24 C.F.R. Part 58, its related Federal authorities listed in Sections 58.5 and 58.6, as well as Section 102 of NEPA and its related provisions in 40 CFR parts 1500 through 1508.
Further, as the delegated certifying officer, the City Manager is also authorized to and accepts on behalf of the City of Milpitas the jurisdiction of the federal courts for the enforcement of all these responsibilities.
The effective date of this delegation is immediate and shall run until revoked by me or by the end of my term in office. The authority delegated is not subject to sub-delegation.
Signature of Mayor
Carmen Montano
Mayor
City of Milpitas
Signed on this __ day of Month, Year
Ned P. Thomas
2 City Manager
(408)586-3059
[email protected]
Cc: Office of Environment and Energy
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive the 2023 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and Authorize the Submittal of Both Reports to California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR) (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046; and Robert Musallam, Housing and Neighborhood Services Administrator, 408-586-3275)
Category: Consent Calendar-Community Development
Meeting Date: 3/19/2024
Recommendation: Receive the 2023 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and authorize the submittal of both reports to California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR).
BACKGROUND:
Government Code Section 65400 mandates that all cities and counties provide by April 1 of each year an Annual Progress Report of the Housing Element to the legislative body, the California Department of Housing and Community Development (HCD), and the Governor’s Office of Planning and Research (OPR) on the status of the City’s Housing Element and housing permit activity. More specifically, the State requests a report describing the community’s progress in meeting its Regional Housing Needs Allocation (RHNA) goals to maintain, improve, and develop housing through permitting and housing related programs. The City’s Housing Element was certified by the State when it demonstrated that adequate sites have been identified to accommodate the City’s RHNA housing growth, whereas the Annual Progress Report tracks the actual progress of permitting and constructing new housing. The reporting timeframe covers the RHNA cycle of 2013-2031.
In March 2015, a new State reporting requirement was established, which mandates that jurisdictions also submit a Housing Successor Agency Annual Report with the Annual Progress Report. The Housing Successor Agency Report details activities the Milpitas Housing Authority has undertaken over the 2022- 2023 fiscal year relating to the Low and Moderate-Income Housing Asset Fund (LMIHAF). The format of the report is prepared in accordance with the forms adopted by HCD. Both reports are attached for reference.
ANALYSIS:
The information that follows provides a summary of the City’s housing production for calendar year 2023. The attachments include the full report to the HDC and OPR. The entire progress report is available as attachment
1. Some of the tables in attachment 1 have been left blank because they do not apply.
Housing Element Annual Progress Report
Following recent changes in state law, this report tracks the entire development process from application through certificate of occupancy. The following table provides an overview which is followed by a breakdown for each of these development milestones. Some projects are recorded in several categories. For instance, applications for certain projects were submitted and entitled in 2023, and other projects were issued building permits and/or certificates of occupancy in 2023.
Housing Progress in 2023
Type Housing Units
Applications 236
Entitlements 405
Building Permits 64
Occupancy 161
Housing Applications
Attachment 1, Table A lists the housing development applications submitted to the Planning Department. In 2023, the City received applications to develop a total of 236 units. The below table summarizes this data. For full details, see Attachment 1, Table A.
Housing Applications Submitted in 2023
Unit Type Extremely Low /
Very Low
Low Moderate Above
Moderate
Total Units
Multifamily 0 94 22 2 118
ADU 25 23 8 2 58
Single Family 0 0 7 53 60
Two to Four Unit 0 0 0 0 0
Total 25 117 37 57 236
Housing Entitlements, Building Permits, and Occupancy
Attachment 1, Table A2 lists the projects that have completed the entitlement process, have been issued building permits, or have passed the final inspection conducted by the Building Safety and Housing Department. A few units in Table A were also entitled by the City in 2023 so they also appear on the Completed Entitlement section of Table A2.
In 2023, the City issued planning entitlements for 405 units. Fifty-eight (58) of the units are non-deed restricted additional dwelling units (ADUs). Of note, the City entitled thirty-one (31) below market rate housing units deed restricted at low-income and sixty-five (65) below market rate housing units deed restricted at moderate- income. The below table summarizes entitlement data. For full details, see Attachment 1, Table A2.
Housing Entitlements Approved in 2023
Unit Type Extremely Low /
Very Low
Low Moderate Above
Moderate
Total Units
Multifamily 0 31 44 0 75
ADU 27 26 3 2 58
Single Family 0 0 21 251 272
Two to Four Unit 0 0 0 0 0
Total 27 57 68 253 405
Building permits are what the State uses to measure progress toward the City’s RHNA goals. In 2023, the City issued building permits for a total of 64 units. The below table summarizes building permit data. For full details, see Attachment 1, Table A2.
Housing Building Permits Issued in 2023
Unit Type Extremely Low /
Very Low
Low Moderate Above
Moderate
Total Units
Multifamily 0 0 0 0 0
ADU 13 4 15 0 32
Single Family 0 0 0 32 32
Two to Four Unit 0 0 0 0 0
Total 13 4 15 32 64
In 2023, the City conducted final inspection and issued occupancy for 161 housing units, 102 of which are for 355 Sango Court. For full details, see Attachment 1, Table A2.
Housing Occupancy Issued in 2023
Unit Type Extremely Low /
Very Low
Low Moderate Above
Moderate
Total Units
Multifamily 93 8 0 1 102
ADU 6 2 13 6 27
Single Family 0 0 0 32 32
Two to Four Unit 0 0 0 0 0
Total 99 10 13 39 161
Overall Progress on RHNA Goals
While this report tracks all steps in the development cycle, RHNA production goals are measured by building permits issued. For the 2023-2031 RHNA cycle, the total housing production goal for the City of Milpitas is 6,713 housing units. Historically, the City has far exceeded its goal for above moderate-income housing units.
However, with projects subject to the Affordable Housing Ordinance now beginning to apply for building permits, the City will begin to see more units added to the low and moderate categories of this report. In 2023, the City issued building permits for 32 above moderate-income units, 15 moderate-income, 4 low-income, and 13 extremely/very low-income units.
The remaining RHNA goal is to permit 6,642 affordable units. This is summarized in the table below. For details on the City’s yearly progress since 2023, see Attachment 1, Table B.
Milpitas RHNA by Income Level
Extremely Low /
Very Low
Low Moderate Above
Moderate
Total Units
RHNA Goals for 2023-2031 1,685 970 1,131 2,927 6,713
Building Permits 2023-2031 27 11 25 108 171
Remaining Balance of RHNA 1,658 959 1,106 2,819 6,542
Most jurisdictions throughout California have challenges meeting their RHNA goals, including those in the Bay Area. As housing production is a regional issue that transcends city boundaries and barriers, shared housing strategies can benefit all communities in the area. Toward this end, Housing and Planning staff regularly attend regional meetings and will continue to exchange best practices and lessons learned.
Housing Programs
The annual submittal also reports on the City’s progress on implementing housing related policies and programs. The following highlights programs where the City made progress in 2023:
•The City anticipates the construction of over 300 new affordable units in the next few years. These will be built as stand-alone affordable housing and mixed-income housing in compliance with the City's Affordable Housing Ordinance.
•The City Council has approved the Milpitas Metro Specific Plan (formerly known as the Transit Area Specific Plan) and staff is making progress on the Gateway/Main St. Specific Plan (formerly known as the Midtown Specific Plan) with new design guidelines, densities, and land use designations. The City is also preparing Objective Design Standards for residential and mixed-use developments to establish clear and implementable design criteria which will help ensure that new projects are attractive and meet the intent of the City’s General Plan Update.
•The City is implementing Housing Opportunity Zones and utilizing incentive-based zoning in its specific plan updates to provide incentives (permit streamlining, CEQA streamlining, objective design standards, and financial incentives) for affordable developers and mixed-income housing. •The City prepared a Development Handbook and Accessory Dwelling Unit (ADU) Toolkit to clarify the City’s development review process and ADU regulations. The City is also implementing an ADU
Incentive Program and Safe ADU Legalization Program to encourage residents to obtain ADU permits to ensure that new ADUs, and existing but unpermitted ADUs, meet building codes and health and safety standards. These efforts are expected to improve customer service, reduce permit processing times, and streamline ADU production.
•The City Council authorized $950,000 in American Rescue Plan Act funding to be directed towards the City’s Rent and Mortgage Relief Program. The rent relief program launched in December 2022. The program also provides mortgage relief which launched on March 6, 2023. The rent relief funding program provides assistance to Milpitas residents and families that have emergency housing needs such as rent, deposit relief, emergency hardship, eviction prevention, domestic violence relocation, child homelessness relief, and Section 8 Good Faith Deposit assistance. The mortgage relief funding provides mortgage assistance to homeowners struggling to stay current on their primary residence mortgage.
•In fiscal year 2022-23, the City awarded Project Sentinel CDBG funds for Fair Housing assistance and for COVID-19 related rent relief/reduction services through negotiations with tenants, property owners, mortgage holders, and mediators. Project Sentinel also hosted one educational workshop on fair housing laws and the local eviction moratorium.
•The City Council authorized $1,017,554 in Permanent Local Housing Allocation funds to a Workforce Housing Rental Assistance Program (WHRAP) and a continuation of the City’s homeless outreach program. WHRAP will provide up to 50 families at or below 30% of the median income with a rental subsidy for 24 months.
Housing Successor Agency Annual Report
The Housing Successor Annual Report (Attachment 2) addresses the requirements of California Health and Safety Code Section 34176.1(f) regarding the Low- and Moderate-Income Housing Asset Fund (LMIHAF). This report outlines the financial and housing covenant details of the Milpitas Housing Authority (Housing Successor) for 2022-23 (Fiscal Year). The purpose of this report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part
1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law).
This report includes discussion on the deposits, ending balance, and expenditures from the LMIHAF, as well as a description of the Housing Successor’s assets. The report also discusses the Housing Successor’s current projects, acquisitions of any real property since February 1, 2012, or any outstanding obligations.
Finally, as required by law, three separate tests are discussed – the income test, senior housing test, and excess surplus test. The results of these tests are discussed in Attachment 2.
POLICY ALTERNATIVE(S):
Alternative: Do not accept or authorize the submittal of the Housing Element Annual Progress Report and Housing Successor Agency Annual Report to HCD and OPR.
Pros: None.
Cons: If the City does not submit the reports to HCD and OPR, the City would not be in compliance with Government Code Section 65400.
Reason not recommended: Per Government Code Section 65400, failure to submit the reports will result in a court order or judgment compelling compliance.
FISCAL IMPACT:
Receiving and submitting the Housing Element Annual Progress Report and Housing Successor Agency Annual Report to HCD and OPR will result in no fiscal impact to the City.
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:
Receive the 2023 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and authorize the submittal of both reports to California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR).
Attachment(s):
(a) Housing Element Annual Progress Report
(b) Housing Successor Agency Annual Report
Please Start Here
General Information
Jurisidiction Name Milpitas
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
Reporting Calendar Year 2023
Contact Information
First Name Robert
Last Name Musallam
Title Housing Division Manager Click here to download APR Instructions Email [email protected]
Phone 4085863275
Mailing Address
Street Address 455 E Calaveras Blvd Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d.City Milpitas
Zipcode 95035
v_2_15_24
Annual Progress Report January 2020
Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information.
The other file will be list of the problematic cells, along with a description of the nature of the error.
Submittal Instructions
Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.
Please save your file as Jurisdictionname2023 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2023 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:
1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].
2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.
Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.
Link to the online system: https://apr.hcd.ca.gov/APR/login.do Toggles formatting that turns cells green/yellow/red based on data validation rules.
Jurisdiction Milpitas
Reporting Year 2023 (Jan. 1 - Dec. 31)
Housing Element Planning Period 6th Cycle 01/31/2023 - 01/31/2031 Building Permits Issued by Affordability Summary
Income Level Current Year
Very Low
Deed Restricted 0
Non-Deed
Restricted 13
Low
Deed Restricted 0
Non-Deed
Restricted 4
Moderate
Deed Restricted 0
Non-Deed
Restricted 15
Above Moderate 32
Total Units 64
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Units by Structure Type Entitled Permitted Completed
Single-family Attached 266 31 30
Single-family Detached 6 0 0
2 to 4 units per structure 0 0 0
5+ units per structure 75 0 102
Accessory Dwelling Unit 58 32 27
Mobile/Manufactured Home 0 0 0
Total 405 63 159
Infill Housing Developments and Infill Units Permitted # of Projects Units Indicated as Infill 0 0
Not Indicated as Infill 0 0
Housing Applications Summary
Total Housing Applications Submitted: 61
Number of Proposed Units in All Applications Received: 236 Total Housing Units Approved: 56
Total Housing Units Disapproved: 0
Use of SB 35 Streamlining Provisions - Applications
Number of SB 35 Streamlining Applications 0
Number of SB 35 Streamlining Applications Approved 0
Units Constructed - SB 35 Streamlining Permits
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 35 (2017) 0 0
Ministerial and Discretionary Applications
# of
Applications Units
Ministerial 31 30
Discretionary 29 196
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 2 Number of Units in Applications Submitted Requesting a Density Bonus 162 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count Programs Implemented 24
Sites Rezoned to Accommodate the RHNA 0
Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Table A
Housing Development Applications Submitted
Project Identifier Unit Types
Date
Application
Submitted
Proposed Units - Affordability by Household Incomes
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Density Bonus Law
Applications
1 2 3 4 5 6 7 8 9 10
Prior APN+ Current APN Street Address Project Name+
Local Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted
pursuant to.
Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 25 109 8 30 6 58 236 56 0 2616075 1491 Arizona
Av
(N) ATTACHED
ADU AT REAR (592
S.F.)
P-ADU23-0001
ADU R
1/4/2023
1 1 1 0 NONE No
2205051 850 Berryessa
St
SU RESIDENCE:
detached ADU P-ADU23-0002 ADU R
1/19/2023
1 1 1 0 NONE No
8808083 296 Carnegie
Dr
DETACHED ADU
866 SQFT P-ADU23-0003 ADU R
3/28/2023
1 1 1 0 NONE No
8817015 2216 Pedro Av ATTACHED ADU P-ADU23-0004 ADU R 2/23/2023 1 1 1 0 NONE No 8815066 1816 Ellwell Dr 330sf Addition ADU P-ADU23-0005 ADU R 3/2/2023 1 1 1 0 NONE No 2612016 125 Coelho St ATTACHED 1 BR
ADU P-ADU23-0006 ADU R
3/22/2023
1 1 1 0 NONE No
2906003
876 Evans Rd
2 CAR GARAGE
CONVERT INTO 2
BR 2 BATH
DETACHED ADU
P-ADU23-0007
ADU R
3/27/2023
1 1 1 0 NONE No
8839031 2387 Mattos Dr Construction of new
999 SF ADU P-ADU23-0008 ADU R
4/27/2023
1 1 1 0 NONE No
2608099 425 Taylor Dr P-ADU23-0009 ADU R 4/28/2023 1 1 1 0 NONE No 2921010 1505 Ellis Av JADU - GARAGE
CONVERSION P-ADU23-0010 ADU R
5/4/2023
1 1 1 0 NONE No
2601062 413 Gross St ADU for 417 Gross
St P-ADU23-0011 ADU R
5/15/2023
1 1 1 0 NONE No
2616039 1443 Pashote
Ct
DETACHED ADU:
Construct (n) 450 sf
detached ADU
P-ADU23-0012
ADU R
5/19/2023
1 1 1 0 NONE No
2242148 356 Aspenridge
Dr
DETACHED ADU
800 S.F. P-ADU23-0013 ADU R
5/23/2023
1 1 1 NONE No
2208026 182 Orion Ct VU RESIDENCE:
523sf JADU P-ADU23-0014 ADU R
4/27/2023
1 1 1 0 NONE No
2208026
182 Orion Ct
VU RESIDENCE:
Detached 1000sf
ADU
P-ADU23-0015
ADU R
5/31/2023
1 1 1 0 NONE No
2227025 63 Smithwood
St 370 sf JADU P-ADU23-0016 ADU R
6/12/2023
1 1 1 0 NONE No
2805044 868 Del Rio Ct 481 sqft JADU P-ADU23-0017 ADU R 6/13/2023 1 1 1 0 NONE No 2616052 132 Vargas Ct JADU P-ADU23-0018 ADU R 7/17/2023 1 1 1 0 NONE No 8813015 1807 Yosemite
Dr
NEW DETACHED
ADU (744 SF) P-ADU23-0019 ADU R
7/18/2023
1 1 1 0 NONE No
2607054 1851 Vegas Av JADU P-ADU23-0020 ADU R 7/19/2023 1 1 1 0 NONE No 8827022 1635 Yosemite
Dr
800 SF Detached
ADU P-ADU23-0021 ADU R
8/1/2023
1 1 1 0 NONE No
8813086 428 Stulman Dr JADU Garage
Conversion P-ADU23-0022 ADU R
8/7/2023
1 1 1 0 NONE No
8809055 130 Carnegie
Dr
870 sqft detached
ADU P-ADU23-0023 ADU R
8/18/2023
1 1 1 0 NONE No
8809017 190 Carnegie
Dr
522 sqft Attached
ADU P-ADU23-0024 ADU R
8/21/2023
1 1 1 0 NONE No
8805013 263 Carnegie
Dr
760 sqft Detached
ADU P-ADU23-0025 ADU R
8/21/2023
1 1 1 0 NONE No
8814024 232 S Temple
Dr
Garage conversion
into JADU P-ADU23-0026 ADU R
8/21/2023
1 1 1 0 NONE No
2802018 887 Valencia Dr 360sf detached ADU P-ADU23-0027 ADU R 9/22/2023
1 1 1 0 NONE No
2619020 576 Kevenaire
Dr
JADU Garage
Conversion P-ADU23-0028 ADU R
9/25/2023
1 1 1 0 NONE No
2612087 52 Homme Wy JADU - Converted
Garage (440 SF) P-ADU23-0029 ADU R
9/25/2023
1 1 1 0 NONE No
2616065 136 Washington
Dr
New detached ADU
(see AC23-0019) P-ADU23-0030 ADU R
12/14/2023
1 1 1 0 NONE No
2906009
640 Evans Rd SB 9 Urban Lot Split P-MS23-0155
SFD O
7/19/2023
0 0 0 SB 9 (2021) -
Residential Lot
Split
No
8623013
1300 S Main St
AMG - 118
AFFORDABLE
UNITS
P-SD22-0015
5+ R
1/25/2023
94 22 2 118 NONE Yes
4230022
490 Vista Ridge
Dr
NEW 2-STORY
HILLSIDE SFR
WITH ATTACHED
ADU
P-SD23-0003
SFD O
2/14/2023
2 2 2 NONE No
2907011 1327 TERRA
VISTA CT
NEW SFH & ADU
LOT 3 HILLSIDE P-SD23-0004 SFD O
2/24/2023
2 2 NONE No
Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy Streamlining Infill Housing with Financial Assistance and/or Deed Restrictions
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Demolished/Destroyed Units Density Bonus Notes
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 Prior APN+ Current APN Street Address Project Name+
Local Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Entitlement
Date Approved
# of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-
Income
Deed
Restricted
Low-
Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?
Please select the
streamlining
provision the
project was
APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed
Units
Demolished/D
estroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 27 31 26 65 3 253 405 0 13 0 4 0 15 32 64 98 1 9 1 2 9 41 161 0 0 2907014
1311
COUNTRYSIDE
CT
LOT6 NEW SINGLE
FAMILY HOME P-SD21-0010 SFD O 1 5/16/2023
1 0 0
4230029 531 Vista Ridge
Dr
NEW HILLSIDE
SINGLE FAMILY
RESIDENCE
P-SD22-0001 SFD O 1 3/7/2023
1 0 0
2238007 1355 California Cl Pulte Homes
Residential ProjectL
SDP
P-SD22-0003 5+ O 31 44 11/14/2023 75 0 0
2238007 1355 California Cl Pulte Homes
Residential ProjectL
SDP
P-SD22-0003 SFA O 131 11/14/2023 131 0 0
8636045 675 TRADE
ZONE BL
TOLL BROTHERS SB
330 P-SD22-0006 ADU O 4 3 3 2 3/29/2023 12 0 0
8636045 675 TRADE
ZONE BL
TOLL BROTHERS SB
330 P-SD22-0006 SFA O 12 66 3/29/2023 78 0 0
8625027 612 S MAIN ST SB 330 57 UNIT
TOWNHOME
PROJECT
P-SD22-0007 SFA O 9 48 4/6/2023 57 0 0
2221032 193 Silvera St NADIMPALLI
RESIDENCE P-SD22-0009 SFD O 1 1/26/2023 1 0 0
2204009 698 Berryessa St
698 BERRYESSA -
NEW TWO-STORY
RESIDENCE
P-SD23-0002 SFD O 1 9/7/2023
1 0 0
4230022 490 Vista Ridge
Dr
NEW 2-STORY
HILLSIDE SFR WITH
ATTACHED ADU
P-SD23-0003 SFD O 1 12/5/2023
1 0 0
2205054 874 Berryessa St
Demo whole house,
raise base above flood
level, build new
P-SD23-0010 SFD O 1 12/21/2023
1 0 0
8614100 1291 Stardust Wy
560SF DETACHED
ACCESSORY
STRUCTURE
P-ADU21-0015 ADU O 1 4/2/2023
1 0 1 4/7/2023 1
8802027 555 S PARK
VICTORIA DR
2 ADUS 555
Apartments P-ADU22-0029 ADU O 2 11/29/2023 2 0 0
2616075 1491 Arizona Av (N) ATTACHED ADU
AT REAR (592 S.F.) P-ADU23-0001 ADU O 1 2/17/2023 1 1 5/16/2023 1 0 2205051 850 Berryessa St SU RESIDENCE:
detached ADU P-ADU23-0002 ADU O 1 1/27/2023 1 0 0
8808083 296 Carnegie Dr DETACHED ADU 866
SQFT P-ADU23-0003 ADU O 1 3/28/2023 1 1 5/15/2023 1 0
8815066 1816 Ellwell Dr 330sf Addition ADU P-ADU23-0005 ADU O 1 3/2/2023 1 1 10/3/2023 1 0 2612016 125 Coelho St ATTACHED 1 BR ADU P-ADU23-0006 ADU O 1 3/22/2023 1 1 7/26/2023 1 0 2906003 876 Evans Rd
2 CAR GARAGE
CONVERT INTO 2 BR
2 BATH DETACHED
ADU
P-ADU23-0007 ADU O 1 3/27/2023
1 1 8/14/2023 1 0
8839031 2387 Mattos Dr Construction of new 999
SF ADU P-ADU23-0008 ADU O 1 4/27/2023 1 0 0
2921010 1505 Ellis Av JADU - GARAGE
CONVERSION P-ADU23-0010 ADU O 1 5/4/2023 1 1 5/17/2023 1 1 10/3/2023 1 2616039 1443 Pashote Ct
DETACHED ADU:
Construct (n) 450 sf
detached ADU
P-ADU23-0012 ADU O 1 5/19/2023
1 0 0
2242148 356 Aspenridge
Dr
DETACHED ADU 800
S.F. P-ADU23-0013 ADU O 1 5/23/2023 1 1 6/22/2023 1 0
2208026 182 Orion Ct VU RESIDENCE: 523sf
JADU P-ADU23-0014 ADU O 1 5/31/2023 1 1 11/14/2023 1 0
2227025 63 Smithwood St 370 sf JADU P-ADU23-0016 ADU O 1 6/12/2023 1 0 0 2805044 868 Del Rio Ct 481 sqft JADU P-ADU23-0017 ADU O 1 6/13/2023 1 1 12/13/2023 1 0 2616052 132 Vargas Ct JADU P-ADU23-0018 ADU O 1 7/17/2023 1 1 8/24/2023 1 1 9/12/2023 1 8813015 1807 Yosemite Dr NEW DETACHED ADU
(744 SF) P-ADU23-0019 ADU O 1 7/18/2023 1 1 7/27/2023 1 1 12/4/2023 1 8827022 1635 Yosemite Dr 800 SF Detached ADU P-ADU23-0021 ADU O 1 8/1/2023 1 0 0 8813086 428 Stulman Dr JADU Garage
Conversion P-ADU23-0022 ADU O 1 8/31/2023 1 1 8/24/2023 1 1 10/30/2023 1 8809055 134 Carnegie Dr 870 sqft detached ADU P-ADU23-0023 ADU O 1 8/18/2023 1 1 12/13/2023 1 0 8809017 190 Carnegie Dr 522 sqft Attached ADU P-ADU23-0024 ADU O 1 10/2/2023 1 0 0 8805013 263 Carnegie Dr 760 sqft Detached ADU P-ADU23-0025 ADU O 1 10/10/2023 1 0 0 2802018 887 Valencia Dr 360sf detached ADU P-ADU23-0027 ADU O 1 9/22/2023 1 0 0 2619020 576 Kevenaire Dr JADU Garage
Conversion P-ADU23-0028 ADU O 1 9/25/2023 1 0 0
2612087 52 Homme Wy JADU - Converted
Garage (440 SF) P-ADU23-0029 ADU O 1 9/25/2023 1 0 0
2616065 136 Washington
Dr
New detached ADU
(see AC23-0019) P-ADU23-0030 ADU O 1 12/14/2023 1 1 12/13/2023 1 0 2604041 155 Tiny St Garage conversion and
157 sf addition P-MS21-0058 ADU O 1 5/18/2023 1 0 0
8812029 445 S Temple Dr
BUI RESIDENCE:
Construction of 800 sf of
a detached accessor
P-MS21-0148 ADU O 1 4/2/2023
1 0 1 11/7/2023 1
4230012 523 Vista Ridge
Dr
NEW DETACHED 1199
SQFT ADU IN
HILLSIDE
P-MS21-0235 ADU O 1 3/1/2023
1 0 0
2612034 205 Valmy St ADU
RECONFIGURATION P-MS22-0249 ADU O 1 1/27/2023 1 0 0
8815129 1747 Armand Dr 605SF ATTACHED
ADU P-MS23-0020 ADU O 1 1/31/2023 1 1 8/21/2023 1 0
2211019 862 Lexington St
Kosuri first & second
story addition with 800sf
ADU
P-MS23-0051 ADU O 1 6/5/2023
1 0 0
2920033 1617 Carl Av Detached ADU 1000sf P-MS23-0061 ADU O 1 4/13/2023 1 0 0 8813102 476 Bixby Dr SFR addition with ADU P-MS23-0100 ADU O 1 5/22/2023 1 1 11/2/2023 1 0 8614014 1101 Starlite Dr 476sf ADU and 131sf
front yard ext P-MS23-0105 ADU O 1 5/25/2023 1 0 0
2906038 898 Calaveras
Ridge Dr
MINOR ALTERATIONS
INTERIOR LAYOUT
MAIN RESIDENCE &
ADU
P-MS23-0134 ADU O 1 6/19/2023
1 0 0
2601062 413 Gross St 563 SF Attached ADU
and 253 SF patio cover P-MS23-0138 ADU O 1 10/18/2023 1 1 11/21/2023 1 0 8812044 470 Holly Wy Detached 925 sf, 2
bedroom ADU P-MS23-0153 ADU O 1 8/2/2023 1 0 0
2620027 836 Horcajo St
Attached ADU +
bedroom and bathroom
addition
P-MS23-0172 ADU O 1 8/18/2023
1 0 0
2609071 1552 Diel Dr
607 SF ADU on Second
Floor and main SFR
improvements
P-MS23-0216 ADU O 1 10/3/2023
1 0 0
2943033 683 Santos Ct 810 sqft attached ADU P-MS23-0219 ADU O 1 10/4/2023 1 0 0 8837002 1015 S PARK
VICTORIA DR
2 Detached 850sf ADU
for duplex P-MS23-0276 ADU O 2 11/29/2023 2 0 0
2943034 679 Santos Ct Attached ADU P-MS23-0293 ADU O 1 12/13/2023 1 0 0 2942043 1571 Kennedy Dr Addition to facilitate
JADU P-MS23-0301 ADU O 1 12/27/2023 1 0 0
2219043 449 Marylinn Dr 449 Marylinn Dr B-BP22-0372 ADU O 0 1 1/12/2023 1 1 4/3/2023 1 2233072 1144 Hermina St 1144 Hermina St B-BP20-0254 ADU O 0 1 1/3/2023 1 0 2607052 166 Dixon Rd 166 Dixon Rd B-BP22-0311 ADU O 0 1 4/4/2023 1 1 12/22/2023 1 2608099 425 Taylor Dr 425 Taylor Dr B-BP23-0546 ADU O 0 1 2/1/23 1 0 2611027 389 Washington Dr 389 Washington Dr B-BP22-0294 ADU O 0 1 7/25/23 1 0 2814059 429 Donahe Dr 429 Donahe Dr B-BP22-0570 ADU O 0 1 1/31/23 1 0 2920008 1580 Carl Av 1580 Carl Av B-BP22-0609 ADU O 0 1 12/8/23 1 0 8621034 1584 Fallen Leaf Dr 1584 Fallen Leaf Dr B-BP23-0325 ADU O 0 1 12/7/23 1 0 8802027 555 S Park Victoria Dr 309A555 S Park Victoria Dr 309A B-BP22-0390 ADU O 0 1 8/24/23 1 0 8802027 543 S Park Victoria Dr 621543 S Park Victoria Dr 621 B-BP22-0391 ADU O 0 1 8/24/23 1 0 8807028 1476 Freeland Dr 1476 Freeland Dr B-BP22-0291 ADU O 0 1 3/20/23 1 0 8810033 1545 Jupiter Wy 1545 Jupiter Wy B-BP22-0378 ADU O 0 1 1/9/23 1 1 6/13/2023 1 8812031 465 S Temple Dr 465 S Temple Dr B-BP22-0393 ADU O 0 1 1/9/23 1 0 8814024 232 S Temple Dr 232 S Temple Dr B-BP23-0305 ADU O 0 1 8/10/23 1 0 8846027 2039 Blue Ridge Dr 2039 Blue Ridge Dr B-BP22-0572 ADU O 0 1 1/17/23 1 1 8/8/2023 1 2206024 761 Vasona St 761 Vasona St B-BP22-0028 ADU O 0 0 1 7/21/23 1 2233082 326 San Andreas Ct Unit A326 San Andreas Ct Unit A B-BP21-0658 ADU O 0 0 1 5/19/23 1 2604026 272 Tiny St 272 Tiny St B-BP21-0588 ADU O 0 0 1 11/7/23 1 2608037 551 Greathouse Dr 551 Greathouse Dr B-BP21-0294 ADU O 0 0 1 10/31/23 1 2619027 660 Kevenaire Dr 660 Kevenaire Dr B-BP21-0119 ADU O 0 0 1 3/14/23 1 2813009 657 Hamilton Av 657 Hamilton Av B-BP21-0098 ADU O 0 0 1 6/14/23 1 2912053 345 Park Hill Dr 345 Park Hill Dr B-BP21-0490 ADU O 0 0 1 6/21/23 1 2948024 2249 Churchill Dr 2249 Churchill Dr B-BP21-0564 ADU O 0 0 1 11/15/23 1 2952018 1209 Country Club Dr 1209 Country Club Dr B-BP20-0208 ADU O 0 0 1 5/16/23 1 8802027 543 S Park Victoria Dr 903543 S Park Victoria Dr 903 B-BP22-0369 ADU O 0 0 1 2/8/23 1 8802027 543 S Park Victoria Dr 901543 S Park Victoria Dr 901 B-BP22-0368 ADU O 0 0 1 2/8/23 1 8802027 543 S Park Victoria Dr 621543 S Park Victoria Dr 621 B-BP22-0391 ADU O 0 0 1 8/25/23 1 8802027 555 S Park Victoria Dr 309A555 S Park Victoria Dr 309A B-BP22-0390 ADU O 0 0 1 8/25/23 1 8803026 1135 Shirley Dr 5 1135 Shirley Dr 5 B-BP21-0211 ADU O 0 0 1 9/15/23 1 8806020 1363 Zion Ct 1363 Zion Ct B-BP21-0100 ADU O 0 0 1 11/29/23 1 8814106 2059 WYLIE DR 2059 WYLIE DR B-BP21-0060 ADU O 0 0 1 9/26/23 1 8823090 1613 Rocky Mountain Av1613 Rocky Mountain Av B-BP20-0287 ADU O 0 0 1 9/13/23 1 4230008 489 Vista Ridge Dr 489 Vista Ridge Dr B-BP22-0479 SFR O 0 1 4/19/2023 1 0 2935023 1639 Calera Creek Heights Dr1639 Calera Creek Heights Dr B-BP17-0243 SFR O 0 0 1 4/6/2023 1 4230009 517 Vista Ridge Dr 517 Vista Ridge Dr B-BP21-0260 SFR O 0 0 1 5/4/2023 1 8636034 2047 Tarob Ct 2047 Tarob Ct B-MU23-0002 SFA O 0 1 12/12/23 1 0 8636034 2049 Tarob Ct 2049 Tarob Ct B-MU23-0003 SFA O 0 1 12/12/23 1 0 8636034 2051 Tarob Ct 2051 Tarob Ct B-MU23-0004 SFA O 0 1 12/12/23 1 0 8636034 2053 Tarob Ct 2053 Tarob Ct B-MU23-0005 SFA O 0 1 12/12/23 1 0 8636034 2055 Tarob Ct 2055 Tarob Ct B-MU23-0006 SFA O 0 1 12/12/23 1 0 8636034 2057 Tarob Ct 2057 Tarob Ct B-MU23-0007 SFA O 0 1 12/12/23 1 0 8636034 2059 Tarob Ct 2059 Tarob Ct B-MU23-0008 SFA O 0 1 12/12/23 1 0 8636034 2061 Tarob Ct 2061 Tarob Ct B-MU23-0009 SFA O 0 1 12/12/23 1 0 8636034 2063 Tarob Ct 2063 Tarob Ct B-MU23-0010 SFA O 0 1 12/12/23 1 0 8636034 2065 Tarob Ct 2065 Tarob Ct B-MU23-0011 SFA O 0 1 12/12/23 1 0 8636034 2067 Tarob Ct 2067 Tarob Ct B-MU23-0012 SFA O 0 1 12/12/23 1 0 8636034 2069 Tarob Ct 2069 Tarob Ct B-MU23-0013 SFA O 0 1 12/12/23 1 0 8636034 2071 Tarob Ct 2071 Tarob Ct B-MU23-0014 SFA O 0 1 12/12/23 1 0 8636034 2073 Tarob Ct 2073 Tarob Ct B-MU23-0015 SFA O 0 1 12/12/23 1 0 8636034 2075 Tarob Ct 2075 Tarob Ct B-MU23-0016 SFA O 0 1 12/12/23 1 0 8636034 359 Lundy Pl 359 Lundy Pl B-MU23-0017 SFA O 0 1 12/14/23 1 0 8636034 361 Lundy Pl 361 Lundy Pl B-MU23-0018 SFA O 0 1 12/14/23 1 0 8636034 363 Lundy Pl 363 Lundy Pl B-MU23-0019 SFA O 0 1 12/14/23 1 0 8636034 365 Lundy Pl 365 Lundy Pl B-MU23-0020 SFA O 0 1 12/14/23 1 0 8636034 367 Lundy Pl 367 Lundy Pl B-MU23-0021 SFA O 0 1 12/14/23 1 0 8636034 369 Lundy Pl 369 Lundy Pl B-MU23-0022 SFA O 0 1 12/14/23 1 0 8636034 371 Lundy Pl 371 Lundy Pl B-MU23-0023 SFA O 0 1 12/14/23 1 0 8636034 373 Lundy Pl 373 Lundy Pl B-MU23-0024 SFA O 0 1 12/14/23 1 0 8636034 375 Lundy Pl 375 Lundy Pl B-MU23-0025 SFA O 0 1 12/14/23 1 0 8636034 377 Lundy Pl 377 Lundy Pl B-MU23-0026 SFA O 0 1 12/14/23 1 0 8636034 379 Lundy Pl 379 Lundy Pl B-MU23-0027 SFA O 0 1 12/14/23 1 0 8636034 381 Lundy Pl 381 Lundy Pl B-MU23-0028 SFA O 0 1 12/14/23 1 0 8636034 383 Lundy Pl 383 Lundy Pl B-MU23-0029 SFA O 0 1 12/14/23 1 0 8636034 385 Lundy Pl 385 Lundy Pl B-MU23-0030 SFA O 0 1 12/14/23 1 0 8636034 387 Lundy Pl 387 Lundy Pl B-MU23-0031 SFA O 0 1 12/14/23 1 0 8636034 389 Lundy Pl 389 Lundy Pl B-MU23-0032 SFA O 0 1 12/14/23 1 0 8636013 355 Sango Ct 355 Sango Ct B-BP19-0751 5+ R 0 0 93 8 1 10/26/2023 102 8636038 1831 JOSHUA TREE CL1831 JOSHUA TREE CL B-MU21-0050 SFA O 0 0 1 1/23/23 1 8636038 1833 JOSHUA TREE CL1833 JOSHUA TREE CL B-MU21-0051 SFA O 0 0 1 1/23/23 1 8636038 1835 JOSHUA TREE CL1835 JOSHUA TREE CL B-MU21-0052 SFA O 0 0 1 1/23/23 1 8636038 1837 JOSHUA TREE CL1837 JOSHUA TREE CL B-MU21-0053 SFA O 0 0 1 1/23/23 1 8636038 1839 JOSHUA TREE CL1839 JOSHUA TREE CL B-MU21-0054 SFA O 0 0 1 1/24/23 1 8636038 1823 JOSHUA TREE CL1823 JOSHUA TREE CL B-MU21-0059 SFA O 0 0 1 2/22/23 1 8636038 1825 JOSHUA TREE CL1825 JOSHUA TREE CL B-MU21-0060 SFA O 0 0 1 2/22/23 1 8636038 1821 JOSHUA TREE CL1821 JOSHUA TREE CL B-MU21-0058 SFA O 0 0 1 2/22/23 1 8636038 1817 JOSHUA TREE CL1817 JOSHUA TREE CL B-MU21-0056 SFA O 0 0 1 2/22/23 1 8636038 1815 JOSHUA TREE CL1815 JOSHUA TREE CL B-MU21-0055 SFA O 0 0 1 2/22/23 1 8636038 1819 JOSHUA TREE CL1819 JOSHUA TREE CL B-MU21-0057 SFA O 0 0 1 2/22/23 1 8636038 1816 JOSHUA TREE CL1816 JOSHUA TREE CL B-MU21-0061 SFA O 0 0 1 3/28/23 1 8636038 1832 JOSHUA TREE CL1832 JOSHUA TREE CL B-MU21-0068 SFA O 0 0 1 3/28/23 1 8636038 1830 JOSHUA TREE CL1830 JOSHUA TREE CL B-MU21-0067 SFA O 0 0 1 3/28/23 1 8636038 1828 JOSHUA TREE CL1828 JOSHUA TREE CL B-MU21-0066 SFA O 0 0 1 3/28/23 1 8636038 1826 JOSHUA TREE CL1826 JOSHUA TREE CL B-MU21-0065 SFA O 0 0 1 3/28/23 1 8636038 1822 JOSHUA TREE CL1822 JOSHUA TREE CL B-MU21-0064 SFA O 0 0 1 3/28/23 1 8636038 1818 JOSHUA TREE CL1818 JOSHUA TREE CL B-MU21-0062 SFA O 0 0 1 3/28/23 1 8636038 1820 JOSHUA TREE CL1820 JOSHUA TREE CL B-MU21-0063 SFA O 0 0 1 3/28/23 1 8636038 1801 JOSHUA TREE CL1801 JOSHUA TREE CL B-MU21-0070 SFA O 0 0 1 5/19/23 1 8636038 1803 JOSHUA TREE CL1803 JOSHUA TREE CL B-MU21-0071 SFA O 0 0 1 5/19/23 1 8636038 1805 JOSHUA TREE CL1805 JOSHUA TREE CL B-MU21-0072 SFA O 0 0 1 5/19/23 1 8636038 1807 JOSHUA TREE CL1807 JOSHUA TREE CL B-MU21-0073 SFA O 0 0 1 5/19/23 1 8636038 1809 JOSHUA TREE CL1809 JOSHUA TREE CL B-MU21-0074 SFA O 0 0 1 5/19/23 1
8636038 1799 JOSHUA TREE CL1799 JOSHUA TREE CL B-MU21-0069 SFA O 0 0 1 5/19/23 1 8636038 585 LUNDY PL 585 LUNDY PL B-MU21-0079 SFA O 0 0 1 8/14/23 1 8636038 587 LUNDY PL 587 LUNDY PL B-MU21-0080 SFA O 0 0 1 8/14/23 1 8636038 581 LUNDY PL 581 LUNDY PL B-MU21-0077 SFA O 0 0 1 8/14/23 1 8636038 579 LUNDY PL 579 LUNDY PL B-MU21-0076 SFA O 0 0 1 8/14/23 1 8636038 577 LUNDY PL 577 LUNDY PL B-MU21-0075 SFA O 0 0 1 8/14/23 1 0 0 0
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Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
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Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
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Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
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Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Please contact HCD if your data is different than the material supplied here Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
1 Projection Period 2 3 4
Income Level RHNA Allocation by
Income Level
Projection Period -
06/30/2022-
01/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Very Low
Deed Restricted 1,685 7 - - - - - - - - - 27 1,658
Non-Deed Restricted 7 13 - - - - - - - -
Low
Deed Restricted 970 - - - - - - - - - - 11 959
Non-Deed Restricted 7 4 - - - - - - - -
Moderate
Deed Restricted 1,131 - - - - - - - - - - 25 1,106
Non-Deed Restricted 15 10 - - - - - - - -
Above Moderate 2,927 76 32 - - - - - - - - 108 2,819
Total RHNA 6,713
Total Units 112 59 - - - - - - - - 171 6,542
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). 5 6 7
Extremely low-Income
Need 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date
Total Units
Remaining
Extremely Low-Income Units* 843 - - - - - - - - - - 843 *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1).
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
VLI Deed Restricted
VLI Non Deed Restricted
Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Table C
Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Project Identifier Date of Rezone RHNA Shortfall by Household Income Category Rezone Type Sites Description 1 2 3 4 5 6 7 8 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate- Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
Summary Row: Start Data Entry Below
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Jurisdiction Milpitas
Reporting Year 2023 (Jan. 1 - Dec. 31)
Table D
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation
Program 1: Adequate Sites
for RHNA and Monitoring of
No Net Loss
To ensure that the City complies with SB
166 (No Net Loss), the City will monitor the
consumption of residential and mixed-use
acreage to ensure an adequate inventory is
available to meet the City's RHNA
obligations. To ensure sufficient residential
capacity is maintained to accommodate the
RHNA, the City will develop and implement
a formal ongoing (project-by-project)
evaluation procedure pursuant to
Government Code Section 65863. Should
an approval of development result in a
reduction in capacity below the residential
capacity needed to accommodate the
remaining need for lower and moderate
income households, the City will identify
and if necessary, rezone sufficient sites to
accommodate the
shortfall and ensure “no net loss” in
capacity to accommodate the RHNA.
(1) By the end of 2024
Rezone 105 acres to meet
RHNA shortfall
(2) By the end of 2023,
amend the Zoning Code to
provide by-right approval of
housing proposed on sites
previously identified in the
5th Cycle.
(3) By the end of 2023,
implement a formal
evaluation procedure to
monitor the development of
pipeline projects, vacant,
and nonvacant sites
(4) By the end of 2025, re-
engage property owners and
developers who
exhibited interest in
redeveloping their
properties.
(5) By the end of 2027, if
City-owned sites are not
permitted as assumed in
the sites inventory, the City
will identify sites and make
zoning available
to an equivalent number of
units and affordability,
including appropriate
densities
The City has begun to rezone 105 acres to meet the RHNA shortfall through the NCMU and TC Zoning update, with an estimated completion of June 2024.
Program 2: Replacement
Housing
Development on non-vacant sites with
existing residential units is subject to a
replacement requirement. Specifically, AB
1397 requires the replacement of units
affordable to the same or lower income
level as a condition of any development on
a nonvacant site. Replacement
requirements per AB 1397 are consistent
with those outlined in the State Density
Bonus Law
By the end of 2023, adopt
City regulations to address
the replacement
requirements. As part of
these regulations consider
requiring the first right-of-
refusal and relocation
assistance for displaced
tenants.
The City is comprehensively updating its Zoning Ordinance, which will address replacement of existing housing requirements. The estimated completion date of the update is 2025.
Program 3: Lot
Consolidation
The City will continue to facilitate the
consolidation of small lots for residential
and mixed-use development. The City will
develop tools to encourage lot
consolidation. Depending on the tools
developed, these will be incorporated into
the Zoning Ordinance and Building Code
update (Program 21).
(1) By the end of 2024,
develop tools to facilitate and
incentivize lot consolidation,
which may include:
- Additional density bonus
- Flexible development
standards (such as
setbacks, parking)
- Streamlined ministerial or
administrative processing
unless application is in
conjunction with other
actions that require
discretionary reviews
(2) Beginning in 2025,
promote lot consolidation
incentives to developers via
City website.
The City is comprehensively updating its Zoning Ordinance, which will offer incentives for developments to consolidate lots. The estimated completion date of the update is 2025.
Program 4: Accessory
Dwelling Units (ADUs)
ADUs represent a potential source of
affordable housing in the city, and the City
will continue to encourage ADU
construction and legalization through the
following: ADU Construction, ADU
legalization and ADU Financing.
(1) Build and approve 176
ADUs/JADUs over the next
eight years. Legalize 8 to 10
ADUs/JADUs over the next
year.
(2) Beginning in 2024 and
annually thereafter, pursue
funding available from the
State to continue and
expand incentives for
facilitating the production of
ADUs, particularly for lower-
income households and
persons with disabilities and
their caregivers.
(3) By the end of 2024, pre-
approve building permit
plans of prototype ADU units
and evaluate prefab ADUs to
simplify and streamline the
permitting process for
homeowners.
The City built 53 ADUs in 2023 and continues to build and approve more.
Program 5: Neighborhood
Preservation and Code
Enforcement
The City will continue to enhance
neighborhood conditions by enforcing its
existing codes through its
Code Enforcement Program. As needed,
the City will assist any households
displaced by code enforcement activities to
relocate to
other suitable housing, affordable to the
displaced households, through the
Replacement/Relocation
Program
Ongoing In 2023, the City continued implementing its Code Enforcement and supporting any households displaced.
Program 6: Housing
Rehabilitation
The City will continue to utilize the services of
Rebuilding Together Silicon Valley (or other
qualified nonprofit organizations) to provide
safety, accessibility, and mobility repairs to
mobile and single‐family
homes owned by very low‐ and low‐income
households, including allowing seniors to “age
in place”.
(1) By 2031, assist 250
households with the goal to
ensure that at least 1/3 of
grants and/or loans funds
work includes accessibility
modifications for the Housing
Rehabilitation Program.
(2) By 2031, assist 600
additional households by
2031 through MAP
(3) Beginning in 2023 and
annually thereafter, seek
grants/funds to expand the
scope of residential
rehabilitation assistance.
(1) In 2023, Rebuilding Together Silicon Valley provided 27 households in Milpitas with safety, accessibility, and mobility repairs to homes owned by very low and low income households.
(2) In 2023, the City assisted 406 households through MAP (3) In 2023, the City worked on updating the housing rehabilitation program guidelines which would create an additional revenue source for the City to provide rehabiltation assistance
Program 7: Tenant
Assistance and Fair Housing
Services
The City will continue to utilize the services of
Project Sentinel (or other qualified nonprofits)
to provide
fair housing outreach and assistance,
landlord‐tenant mediation services, mortgage
default counseling,
and referrals to other support services to
Milpitas residents, landlords, and housing
professionals. The City will also continue to
promote rental assistance with the objective to
assist 300 Milpitas residents, landlords, and
housing professionals over the next eight years.
Ongoing From January 2023 - December 2023, the City provided rent relief to 97 households.
Program 8: Fair Housing
Enforcement, Outreach, and
Education
The City will continue to promote proactive
fair housing enforcement, outreach, and
education to reduce the prevalence of
housing discrimination by creating
awareness that certain common practices
violate fair housing laws and by deterring
violations by showing that wrongdoing has
consequences.
(1) By the end of 2023,
update the City website to
provide a range of fair
housing resources, including
Project Sentinel, State
Department of Fair
Employment and Housing
(DFEH), HUD Fair Housing
and Equal
Opportunity (FHEO) Office,
and the State Tenant
Protection Act of 2019,
including maximum rent
increases and just cause
evictions.Update website
annually to provide relevant
and updated information and
resources
(2) By the end of 2023, work
with Project Sentinel (and
other qualified
nonprofits) to expand
methods of information
dissemination, including
print, website, and other
social media outlets.
(3) By the end of 2025,
increase funding level for fair
housing services.
In FY2023, the City awarded Project Sentinel a total of $59,104 for Fair Housing assistance.In 2023, the City updated its website to provide up to date housing resources and will continue to do so. The City will continue to work with nonprofits to expand methods of information dissemination.
Program 9: Anti -
Displacement
City will work to supplement the California
Tenant Protection Act to support the
thousands of low-income families in the city
against the rising housing costs that pose a
significant risk to those families.
(1) By the end of 2031, the
city will provide rent relief
and mortgage protection
funds to at least 250
households
(2) By the end of 2025, the
City will complete a targeted
survey to assess the need
and impact of the City’s
rental assistance program.
(3) By the end of 2026, the
City will supplement the
California Tenant Protection
Act of
2019 by evaluating and
enacting certain anti-
displacement measures
From January 2023 - December 2023, the City provided rent relief to 97 households.
Program 10: Place-Based
Strategies for Neighborhood
Improvements
When updating its Capital Improvement
Program and associated budget, the City
will allocate resources to rehabilitate and/or
replace infrastructure in older or under
resourced neighborhoods whose
infrastructure is approaching obsolescence.
The City will develop incentives to
encourage the inclusion of project- or
neighborhood-serving amenities for housing
projects of at least 50 units.
By the end of 2031, the City
will complete at least one
transportation project and
five capital improvement
projects in the North Park
Victoria and South Park
Victoria neighborhoods.
Street Resurfacing Project 2023 will provide pavement rehabilitation and ADA curb ramp upgrades on Dempsey Road from S. Park Victoria to Yosemite Drive.Project design is completed, and construction has been rescheduled until the Water Line replacement Project is completed FY2025-26.
The Milpitas Bike Lane Facilities Enhancements project goal is to improve bicyclist safety, reduce traffic stress for bicycle users, and promote bicycle use by eliminating bicycle facility gaps and upgrading existing bicycle facilities in the City. Design of the project is anticipated in Spring 2024 with construction in Summer 2025.
The Innovation Campus project by MUSD is currently under construction. Construction of Phase 2 is expected Summer 2025.
Dempsey Road Resurfacing project is scheduled for FY2025-26.
Dempsey Road Water Line project design is underway and anticipated to be completed by the end of 2024. Construction is anticipated to start in early 2025.
Cardoza Park Softball Field Improvements Community Outreach, Environmental Review, and Preliminary Design are underway and anticipated to be completed by end of 2025. Final Design and Construction to be determined Fire Station No. 2 Replacement & Alviso Adobe Media and Exhibits were completed in November 2022.
ARPA parks improvement Phase 1 was completed in January 2024. Phase 2 will start construction in 2024.
South Park Victoria - Yosemite Drive Neighborhood
Selwyn Park improvements were completed in phase 1 of ARPA Park rehab Foothill Park improvements will be done in phase 2 of ARPA Park rehab Murphy Park improvements will be done in phase 2 of ARPA Park rehab Robert E. Brown improvements will be done in phase 2 of ARPA Park rehab Sinnott Park improvements will be done in phase 2 of the ARPA Park rehab Program 11: Preservation of
At-Risk Housing
The City will continue to work to
preserve at-risk housing, including but not
limited to Sunnyhills.
By the end of 2026, evaluate
and identify more permanent
funding
options for the Sunnyhills
apartments to ensure long-
term housing
stability and affordability
In March 2018, the City and the owner reached an agreement to renew the HUD contract for an additional five years, with the City reimbursing the owner for $250,000 per year for 5 years, for improvements and repairs completed on the property. In 2023, HUD approved extending the contract for another 5 years.
Program 12: Short-Term
Rentals
The City will continue to monitor and
enforce the Short-Term Rental Ordinance
which went into effect in March of 2022.
The ordinance limits the housing unit types
that can be rented as STRs, including
singlefamily units and individual units in a
multi-family building for less than 31
consecutive nights.
Beginning in 2023, expand
monitoring and enforcement
efforts on STRs to minimize
impacts on the availability of
permanent housing.
The City continues to monitor and enforce non-complies with the STR ordinance.
Program 13: Mobile Home
Rent Control
The City will continue to maintain and
enforce its Mobile Park Home Rent Control
Ordinance which regulates rental rates and
the rights and responsibilities of tenants
and property owners for the three mobile
home parks in Milpitas. The City will
continue to utilize the services of Project
Sentinel (or a similar organization) to
administer the rent mediation process.
Ongoing
The City will continue the implementation of the Rent Control Ordinance to preserve the affordability of the three mobile home park spaces.In FY2023, the City awarded Project Sentinel a total of $59,104 for Fair Housing.
Program 14: Rent Review
Ordinance
The City will continue to utilize the services
of Project Sentinel (or similar organization)
to administer the Review Ordinance and
program that was established in 2019.
Conduct at least 6 outreach
events per year regarding
the Rent Review Ordinance
in targeted neighborhoods.
No activity to report in 2023.
Program 15: Housing
Opportunity Zones
The City will implement a Housing
Opportunity Zones (HOZ) program to utilize
incentive-based zoning in multi-family and
mixed-use zoning districts.
By end of 2023, adopt the
HOZ to incentivize affordable
housing beyond the
requirements of the City’s
Affordable Housing
Ordinance.
The City aims to adopt the HOZ/HODs by May 2024.
Program 16: Affordable
Housing Development
The City will facilitate the development of
affordable housing, including for extremely-
low- and lowerincome households, and
those with special needs.
(1) By the end of 2023,
provide copies of the
Housing Element and sites
inventory to water and sewer
authorities to prioritize utility
service to developments to
help meet the housing need
for lower-income
households.
(2) By the end of 2023,
establish policies and
procedures for City-owned
utilities to prioritize lower-
income households.
(3) By the end of 2024,
develop incentives to
facilitate the development of
large rental units (with three
or more bedrooms), and
rental units for extremely low-
income households and
persons with disabilities.
(4) By the end of 2024,
update the City’s Density
Bonus Ordinance to
conform with recent State
amendments, as needed,
and clarify application of
waivers and concessions.
(5) By the end of 2025,
evaluate an affordable
housing bond or EIFD to
increase local revenue for
affordable housing,
prioritizing the creation of
units with three or more
bedrooms and for
units for special needs
populations.
This is in progress and ongoing.
Program 17: Affordable
Housing Ordinance
The City will continue to facilitate the
production of affordable housing through
the Affordable Housing Ordinance
(1) By end of 2031, facilitate
the development of 2,600
affordable units through the
AHO and other affordable
housing activities
(2) By end of 2025, amend
the AHO to define the
percentage of required very
low, low, and moderate
income units, and to
incentivize the production of
affordable units beyond the
minimum requirement
The City did not issue any deed restricted building permits in 2023.
Program 18: Non-Residential
Affordable Housing Impact
Fee
The City will continue to ensure non-
residential development contributes to
affordable housing production through the
City’s non-residential affordable housing
impact fee
Ongoing, the City will
continue to annually review
and updated as needed the
non-residential affordable
housing impact fee to reflect
the cost of development.
The City has updated the impact fees for 2023.
Program 19: Below Market
Rate (BMR) Housing
Program
The City will continue to implement its
Below Market Rate (BMR) Program, which
is designed to assist low- and moderate-
income households in becoming
homeowners.
Ongoing, the City will
facilitate 20 low and
moderate income
households to become first-
time homeowners consisting
of either financial assistance
or completion of training
program.
In 2023, the City hired Housekeys to administer its BMR homeownership portfolio.
Program 20: Specific Plans
The City will continue to use specific plans
(Metro Specific Plan and Gateway-Main
Street Specific Plan) to define policy
direction and development standards to
provide greater certainty in the review and
approval of residential and mixed-use
projects.
By the end of 2024, adopt
and implement the Gateway-
Main Street Specific Plan to
increase opportunities for
diverse residential and
mixeduse development with
zoning incentives for lot
consolidation since small
parcels are a recognized
development constraint.
The Gateway-Main Street is on target for adoption in Summer 2024.
Program 21: Zoning
Ordinance and Building
Code Amendments
The City will amend its Zoning Ordinance to
comply with the latest state laws and
reduce regulatory barriers to residential
development, including the following
actions:
Amend the Zoning
Ordinance according to the
following schedule
(1) By early 2023,
complete Tiny Homes study.
Establish housing program
based on study
recommendations, including
identifying potential sites and
funding sources
(2) By the end of 2024,
complete the outlined Zoning
Ordinance revisions on
pages 84 -85 of the Housing
Element
Final Report on Tiny Homes study will be available early 2024. The City is comprehensively updating its Zoning Ordinance, which will to implement this program.
The estimated completion date of the update is 2025.
Program 22: Supportive
Housing with Disabilities
he City will work with the Santa Clara
County Office of Supportive Housing
(OSH), through its administration of
Measure A funds, and the Santa Clara
County Housing Authority (SCCHA),
through its ability to invest project-based
vouchers (PBV) in developments, to
increase the availability of permanent
supportive housing.
(1) By the end of 2023, meet
with OSH, SCCHA, and the
San Andreas Regional
Center (SARC) to explore
avenues for collaboration.
(2) By the end of 2024,
identify and implement
possible zoning incentives
for projects that provide
supportive housing or
dedicated housing units for
persons with disabilities.
(3)By the end of 2025,
identify the use of CDBG
funds for predevelopment
costs for permanent
supportive housing
developments as a priority in
the Annual Action Plan.
(4) By the end of 2025,
analyze suitability of sites
identified in the Sites
Inventory for permanent
supportive housing
development and conduct
community engagement
about those sites.
(5) By the end of 2026,
commit available City
resources to permanent
supportive housing
developments in partnership
with OSH and/or SCCHA.
No activity to report in 2023.
Program 23: Large Units for
Families with Children in
Multifamily Housing
The City will explore opportunities to
support large families with children who
face disproportionately high rates of
housing cost burden and overcrowding
through implementation of this program
(1) By the end of 2024,
identify and implement
possible zoning incentives,
such as expedited
processing or density
bonuses, for multifamily
developments that include
units with three or more
bedrooms. Study the
feasibility of zoning
requirements for units with
three or more bedrooms.
(2) By the end of 2024,
implement zoning incentives
for the development of units
with three or more
bedrooms.
The City is comprehensively updating its Zoning Ordinance, which will to implement this program. The estimated completion date of the update is 2025.
Program 24: Missing Middle
Housing
The City will facilitate smaller-scale multi-
unit and workforce housing to encourage
and promote a mix of dwelling types and
sizes in lower-density, high-resource
residential neighborhoods. Commonly
referred to as “missing middle housing,”
these building types, such as duplexes,
fourplexes, and courtyard buildings, support
diverse housing opportunities. Smaller
homes cost less to rent or purchase, and
these neighborhoods provide services and
amenities within walking distance.
(1) By the end of 2023,
integrate SB 9 Toolkit
trainings in the ADU Monday
program.
(2) By the end of 2024,
identify and implement
possible zoning ordinance
changes to further promote a
mix of dwelling unit types
and
sizes, particularly in high
resource neighborhoods;
consider flexible zoning
standards for missing middle
housing projects with small
units, such as pertaining to
density, setbacks, building
height, parking, and open
space. (3) By the end of
2024, update and promote
opportunities to create
duplexes and urban lot splits
with the City’s SB 9 Toolkit.
(4) By the end of 2024,
participate in State financing
programs for middle income
workforce housing
developments that meet the
City’s adopted Goals and
Performance Measures for
these projects.
(5) By the end of 2025,
evaluate providing incentives
for constructing
missing middle housing
projects, such as reducing
affordable housing, permit
processing, development
impact, and utility fees, and
expediting the review and
approval of these projects.
The City has created an SB 9 webpage that summarize the City's ordinance addressing urban lot splits and two-unit projects. The City is comprehensively updating its Zoning Ordinance, which will to implement this program. The estimated completion date of the update is 2025. The City will expand our SB 9 resources in 2024.
General Comments
Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation
formulas
Planning Period 6th Cycle 01/31/2023 - 01/31/2031 (CCR Title 25 §6202) Table E
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Project Identifier Units Constructed as Part of Agreement Description of Commercial Development Bonus
Commercial Development Bonus
Date Approved
1 2 3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Annual Progress Report January 2020
Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Table F
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.
The description should adequately document how
each unit complies with subsection (c) of Government
Code Section 65583.1+.
For detailed reporting requirements, see the chcklist
here:
Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
https://www.hcd.ca.gov/community-
development/docs/adequate-sites-checklist.pdf
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Annual Progress Report January 2020
Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b).
Project Identifier
1 Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Summary Row: Start Data Entry Below
Note: "+" indicates
an optional field
Cells in grey contain auto-calculation formulas
Unit Types Affordability by Household Incomes After Conversion 2 3 4
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
0 0 0 0
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b).
Units credited toward Moderate
Income RHNA
5 Moderate- Income
Deed Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Total Moderate Income Units
Converted from Above
Moderate
Date Converted
0 0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b).
Cells in grey contain auto-calculation formulas
Affordability by Household Incomes After Conversion
4
Notes
6 Notes
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b).
Jurisdiction Milpitas NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
Note: "+" indicates an optional field
Reporting Period 2023 (Jan. 1 - Dec. 31)
Cells in grey contain auto-calculation
formulas
Planning Period 6th Cycle 01/31/2023 - 01/31/2031ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
1 2 3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
Summary Row: Start Data Entry Below
Jurisdiction Milpitas NOTE: This table must contain an invenory of ALL surplus/excess lands the reporting jurisdiction owns
Reporting Period 2023
(Jan. 1 - Dec.
31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
For Santa Clara County jurisdictions, please format the APN's as follows:999-99-999 Table H
Locally Owned Surplus Sites
Parcel Identifier
1 2 3 4
APN Street Address/Intersection Existing Use Number of
Units
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Designation Size Notes
5 6 7
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table must contain an invenory of ALL
surplus/excess lands the reporting jurisdiction owns
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
For Santa Clara County jurisdictions, please format the APN's as follows:999-99-999 Table H
Locally Owned Surplus Sites
Summary Row: Start Data Entry Below
Jurisdiction Milpitas
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Project Type Date Units (Beds/Student Capacity) Approved 1 2 3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
Moderate-
Income
Summary Row: Start Data Entry Below
Annual Progress Report January 2020
Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese).
Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials.
Notes
ANNUAL ELEMENT PROGRESS REPORT
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese).
Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese).
Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
Jurisdiction Milpitas
Reporting Year 2023 (Jan. 1 - Dec. 31)
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
Total Award Amount $ 300,000.00
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Prepare scope $0.00 $0.00
Issue RFP & secure contract with
consultant $0.00 $0.00
Project management and
coordination $28,620.00 $24,423.75
Best practices, land use policies
and regulations research, and
existing conditions
$45,450.00 $45,450.00
Design studies of opportunity areas $87,540.00 $86,853.75 Project-level CEQA analysis $0.00 $0.00
Administrative Draft HOZ $28,800.00 $0.00
Community engagement
(stakeholder meetings, community
meetings, online survey, and study
sessions)
$58,830.00 $13,193.75
Public Draft HOZ $15,480.00 $0.00
Final HOZ $7,260.00 $0.00
Public hearings for adoption $21,120.00 $0.00
Direct expenses $6,900.00 $5,291.60
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Completed Entitlement Issued by Affordability Summary
Income Level
Very Low Deed Restricted
Non-Deed Restricted
Low Deed Restricted
Non-Deed Restricted
Moderate Deed Restricted
Non-Deed Restricted
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low Deed Restricted
Non-Deed Restricted
Low Deed Restricted
Non-Deed Restricted
Moderate Deed Restricted
Non-Deed Restricted
Above Moderate
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low Deed Restricted
Non-Deed Restricted
Low Deed Restricted
Non-Deed Restricted
Moderate Deed Restricted
Non-Deed Restricted
Above Moderate
Total Units
Total award amount is auto-populated based on amounts entered in rows 15-26.
Task Status
Completed
Completed
In Progress
Completed
In Progress
Other (Please Specify in Notes)
In Progress
In Progress
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Other (Please Specify in Notes)
In Progress
Current Year
0 27
31 26
65 3
253
405
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 300,000.00
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Completed Entitlement Issued by Affordability Summary
Current Year
0 13
0 4
0 15
32 64
Current Year
98 1
9 1
2 9
41 161
Building Permits Issued by Affordability Summary
Certificate of Occupancy Issued by Affordability Summary
Other
Funding Notes
Not started
Not started
Not started
Not started
Not started
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
HOUSING SUCCESSOR ANNUAL REPORT
April 1, 2024
LOW AND MODERATE INCOME HOUSING ASSET FUND
FOR FISCAL YEAR 2022-23
PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f)
FOR THE
MILPITAS HOUSING AUTHORITY
HOUSING SUCCESSOR ANNUAL REPORT TABLE OF CONTENTS
INTRODUCTION .............................................................................................................................1 I. AMOUNT DEPOSITED INTO LMIHAF .......................................................................................1 II. ENDING BALANCE OF LMIHAF...............................................................................................1 III. DESCRIPTION OF EXPENDITURES FROM LMIHAF .............................................................2 TABLE 1: DESCRIPTION OF LMIHAF EXPENDITURES
IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR ...........................2 TABLE 2: STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR V. DESCRIPTION OF TRANSFERS..............................................................................................2 VI. PROJECT DESCRIPTIONS .....................................................................................................2 VII. STATUS OF COMPLIANCE WITH SECTION 33334.16.........................................................3 TABLE 3: SECTION 33334.16 COMPLIANCE
VIII. DESCRIPTION OF OUTSTANDING OBLIGATIONS UNDER SECTION 33413...................4 IX. EXTREMELY-LOW INCOME TEST ..........................................................................................4 X. SENIOR HOUSING TEST..........................................................................................................5 TABLE 4: SENIOR HOUSING TEST
XI. EXCESS SURPLUS TEST .......................................................................................................5 XII. DESCRIPTION OF OUTSTANDING OBLIGATIONS UNDER SECTION 34176.1(D)(13). ....6
2023 Housing Successor Annual Report
April 1, 2024
MILPITAS HOUSING AUTHORITY
INTRODUCTION
This Housing Successor Annual Report (“Report”) addresses the requirements of California Health and Safety Code Section 34176.1(f) regarding the Low and Moderate Income Housing Asset Fund (“LMIHAF”). This Report outlines the financial and housing covenant details of the Milpitas Housing Authority (“Housing Successor”) for 2022-23 (the “Fiscal Year”). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (“Dissolution Law”).
This report includes discussion on the deposits to, ending balance of, and expenditures from the LMIHAF. A description of the Housing Successor’s assets, and any transfers of assets to other housing successor agencies are addressed as well. The report also discusses the Housing Successor’s current projects, acquisitions of any real property since February 1, 2012, or any outstanding obligations. Finally, as required by law, three separate tests are discussed – the income test, senior housing test, and excess surplus test.
The following Report is based upon information prepared by Housing Successor staff and conforms with Sections 1 through 13, of Section 34176.1(f) of the Dissolution Law.
In addition this Report and the former redevelopment agency’s pre-dissolution Implementation Plans are to be made available to the public on the City’s website. (http://www.ci.milpitas.ca.gov)
I. AMOUNT DEPOSITED INTO LMIHAF
This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (“ROPS”) must be distinguished from the other amounts deposited.
Revenues (amount deposit to the LMIHAF):
Loan repayments $75,139 Rental/lease income $81,496 Equity share of sales of homes $87,064
Interest income $755,924 Total: $999,623 A total of $999,623 was deposited into the LMIHAF during the Fiscal Year. Of the total funds deposited into the LMIHAF, a total of $0 was held for items listed on the ROPS.
II. ENDING BALANCE OF LMIHAF
This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.
2023 Housing Successor Annual Report
April 1, 2024
MILPITAS HOUSING AUTHORITY
At the close of the Fiscal Year, the ending balance in the LMIHAF was $40,076,469, of which $0 is held for items listed on the ROPS.
III. DESCRIPTION OF EXPENDITURES FROM LMIHAF
This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized. There was a total of $549,926 expended from the LMIHAF, divided into the following categories:
TABLE 1: DESCRIPTION OF LMIHAF EXPENDITURES
Description of Expenditures Total Expenditures
Maintenance, Monitoring and Administration Expenditures $455,406 Homeless Prevention and Rapid Rehousing Services Expenditures $84,520 Housing Development Expenditures (Total of Next Three Lines) $10,000 Expenditures on Low Income Units $10,000
Expenditures on Very Low Income Units $0
Expenditures on Extremely Low Income Units $0
Total LMIHAF Expenditures in Fiscal Year $549,926
IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts.
TABLE 2: STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR Asset Type Statutory Value of Assets
Loans Receivable $35,523,352
Land held for resale $1,800,000
Total Value of Real Property and Loans Receivable $37,323,352 V. DESCRIPTION OF TRANSFERS
This section describes transfers, if any, to another housing successor agency made in previous fiscal year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing.
The Housing Successor did not make any LMIHAF transfers to other housing successor(s) under Section 34176.1(c)(2) during the Fiscal Year.
VI. PROJECT DESCRIPTIONS
This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.
The Housing Successor does not receive or hold property tax revenue pursuant to the ROPS during the Fiscal Year.
2023 Housing Successor Annual Report
April 1, 2024
MILPITAS HOUSING AUTHORITY
VII. STATUS OF COMPLIANCE WITH SECTION 33334.16
This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012.
For interests in real property acquired on or after February 1, 2012, provide a status update on the project.
With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time period described in Section 33334.16 shall be deemed to have commenced on the date that the Department of Finance approved the property as a housing asset in the LMIHAF (August 31, 2012); thus, as to real property acquired by the former redevelopment agency now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date of the DOF approved such property as a housing asset.
The following provides a status update on the real property or properties housing asset(s) that were acquired prior to February 1, 2012 and compliance with five-year period:
TABLE 3: SECTION 33334.16 COMPLIANCE
Address of Property Date of
Acquisition
Deadline to
Initiate
Development
Activity
Status of Housing
Successor Activity
1504, 1556, 1620 S. Main St.
(APN 086-22-
027,028,033,034,041,042)
11/1/2009 8/31/2022 APN 086-22-033,034,041,042
sold to Milpitas Phase I, LP on
April 11, 2018 for the Senior
Lifestyles Development with
48 extremely-low income units
in phase I and 2 combined.
1432-1446 S. Main St.
(APN 083-41-001)
2/28/2011 8/31/2022 The Housing Authority has
determined that it will be
unable to initiate development
of the site for affordable
housing prior to the deadline
to initiate development
activity. The Housing
Authority is preparing to
market the property for sale
pursuant to Section 33334.16,
with the proceeds of sale to
be deposited in the LMIHAF to
be used for the development
of affordable housing
elsewhere in the City.
254 Parc Place Dr.
(APN 086-54-052)
1/27/2011 8/31/2022 Sold to a low-income
homebuyer in January 2023.
2023 Housing Successor Annual Report
April 1, 2024
MILPITAS HOUSING AUTHORITY
600 S. Abel St. #208
(APN 086-61-177)
5/24/2011 8/31/2022 Sold to a moderate-income
homebuyer in December
2022.
Health and Safety Code Section 33334.16 required former redevelopment agencies to initiate activities, such as zone changes or disposition and development agreements within five years of acquiring a property.
The following provides a status update on the project(s) for property or properties that have been acquired by the Housing Successor using LMIHAF on or after February 1, 2012.
The Housing Successor did not acquire property on or after February 1, 2012.
VIII. DESCRIPTION OF OUTSTANDING OBLIGATIONS UNDER SECTION 33413.
This section describes the outstanding inclusionary housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor’s progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor plans to meet unmet obligations, if any.
The housing successor does not have any obligations to fulfill under Section 33413.
IX. EXTREMELY-LOW INCOME TEST
Section 34176.1(a)(3)(A) requires that the Housing Successor must require at least 30% of the LMIHAF (excluding funds used for maintenance, monitoring and administrative expenses, and homeless prevention/rapid rehousing services) to be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely-Low Income (ELI) requirement in any five-year report, then the Housing Successor must ensure that at least 50% of the funds expended from the LMIHAF in each subsequent fiscal year be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely-Low Income requirement.
In fiscal year 2019/2020 the City satisfied the Extremely-Low Income test by expending
86.14% of the LMIHAF over the previous five fiscal years. The City is not required to perform this test in fiscal year 2022/2023. The next five-year Extremely Low-Income test will be required in the Annual Report for fiscal year 2024/2025.
2023 Housing Successor Annual Report
April 1, 2024
MILPITAS HOUSING AUTHORITY
X. SENIOR HOUSING TEST
This section provides the percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former Redevelopment Agency, and the City within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and the City within the same time period. For this Report the ten-year period reviewed is January 1, 2014 to January 1, 2024.
If the percentage of assisted senior rental housing is more than 50 percent of the total of all assisted rental housing, no additional senior rental housing can be assisted until the percentage falls to 50 percent or less.
TABLE 4: SENIOR HOUSING TEST
Unit Category # of Units
Assisted Senior Rental Units 48
Total Assisted Rental Units 216
Senior Housing Test (%) 22.2%
XI. EXCESS SURPLUS TEST
Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years, whichever is greater. The housing successor is required to encumber the excess surplus amount or transfer that amount to another jurisdiction as provided in Health and Safety Code Section 34176.1(c)(2) within three fiscal years. If not, the excess surplus amount must be transferred to HCD to use pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program.
2023 Housing Successor Annual Report
April 1, 2024
MILPITAS HOUSING AUTHORITY
The following provides the Excess Surplus test for the 2022/2023 fiscal year:
Test for fiscal year ending
June 30, 2023
Opening fund balance of prior
year $39,701,911
Less: Unavailable Funds:
Loans Receivable ($35,523,352)
Land Held for Resale ($1,800,000)
Unencumbered Fund Balance $2,378,559
Limitation (greater of $1,000,000 or four years deposits).
Aggregate amount deposited for the last four years:
2021-2022 $508,420
2020-2021 $712,551
2019-2020 $857,421
2018-2019 $1,019,065
Total Amount Deposited $3,097,457
Excess Surplus None
This analysis indicates there is no excess surplus as of 6/30/2023.
XII. DESCRIPTION OF OUTSTANDING OBLIGATIONS UNDER SECTION 34176.1(D)(13).
This section provides an inventory of homeownership units assisted by the former Redevelopment agency or the Housing Successor that are subject to covenants or restrictions of to an adopted program that protects the former Redevelopment Agency’s investment of moneys from the Low- and Moderate-Income Housing Fund pursuant to subdivision (f) of Section 33334.3.
This inventory shall include all the following information:
(A) Number of those units:
The number of homeownership units assisted by the former Redevelopment agency is 189.
(B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses:
There are no losses of inventory to report from February 1, 2012 to FY 2022/2023.
2023 Housing Successor Annual Report
April 1, 2024
MILPITAS HOUSING AUTHORITY
(C) Any funds returned to the Housing Successor as part of an adopted program that protects the former Redevelopment agency’s investment of moneys from the Low- and Moderate-Income Housing Fund:
No funds were returned to the Housing Successor.
(D) Whether the Housing Successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity:
The Housing Successor does not contract with any outside entity.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive the 2023 General Plan Annual Progress Report and Authorize Submittal of the Report to the Governor’s Office of Planning and Research (Staff Contact: Jay Lee, Planning Director, 408-586-3077; and Lillian VanHua, Principal Planner, 408-586-3073)
Category: Consent Calendar-Community Development
Meeting Date: 3/19/2024
Recommendation: Receive the 2023 General Plan Annual Progress Report and authorize the submittal of the report to the Governor’s Office of Planning and Research (OPR).
BACKGROUND:
California Government Code Section 65400 mandates that all cities and counties submit an annual report on the status and progress on implementation of their General Plan, including the Housing Element, to their legislative bodies, the Governor’s Office of Planning and Research (OPR), and the Housing and Community Development (HCD) by April 1 of each year. The intent of this statute is to ensure that the General Plan directs land use decisions and remains an effective guide for the long-term physical development of a community. It also provides local jurisdictions a tool to assess its effectiveness in implementing its General Plan.
Staff requests that the City Council receive the 2023 General Plan Annual Progress Report (Attachment A) and authorize the submittal of the report to OPR.
ANALYSIS:
The following information provides a brief summary of the 2040 General Plan and the City’s General Plan implementation highlights for calendar year 2023.
2040 General Plan
City Council adopted the 2040 General Plan on February 23, 2021. The 2040 General Plan, which establishes a new planning horizon of 2040, provides updated goals, policies, and implementation actions and addresses new planning issues such as air quality and energy, community design, and economic and fiscal sustainability.
Future development projects consistent with the General Plan Update will be eligible for California Environmental Quality Act (CEQA) streamlining through the Programmatic Environmental Impact Report (EIR).
The General Plan Update also includes a detailed implementation plan, which provides the responsible department, priority, and timing for all implementation actions. The City will review implementation of the General Plan on an annual basis, amend the General Plan as necessary, and update the City’s Zoning Ordinance and planning documents to ensure consistency with the General Plan.
The 2023 General Plan Annual Progress Report (APR) highlights the City’s progress toward implementation of the 2040 General Plan.
General Plan Implementation Highlights
The 2023 General Plan APR (Attachment A) provides the General Plan implementation highlights by element.
The City’s key efforts to implement the goals and policies of the General Plan include but are not limited to comprehensive master plan updates and capital improvement projects.
The City completed, initiated, or continued updates to the following policies and comprehensive master plans:
•Milpitas Metro Specific Plan (formerly the Transit Area Specific Plan) – Adopted February 2023 •2023-2031 Housing Element – Adopted January 2023, certified by HCD May 2023 •Community Health and Wellness Element Update – In progress
•Comprehensive Zoning Ordinance Update – In progress
•Gateway/Main St. Specific Plan (formerly the Midtown Specific Plan) – In progress •Housing Opportunity Districts – In progress
•Retail Tobacco Licensing Program – In progress
The City also designed or constructed capital improvements to transportation infrastructure, public utility systems, and public facilities. Refer to the 2023 General Plan APR (Attachment A) for a detailed description of each implementation activity.
Policy Alternative:
Alternative 1: Do not authorize the submittal of the General Plan APR to OPR.
Pros: None.
Cons: The City would not be in compliance with Government Code Section 65400, which mandates all cities to submit an annual report on the status and progress on implementation of their General Plan to OPR each year.
Reasons not recommended: The General Plan APR assists OPR in identifying statewide trends in land use decision-making and informs modifications to OPR’s General Plan Guidelines. Failure to submit the General Plan APR to OPR would limit OPR’s ability to consider local planning and development activities in refining statewide planning goals and policies.
FISCAL IMPACT:
Preparation of the General Plan Annual Progress Report and submittal of the report to HCD will result in no fiscal impact to the City.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action being considered is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
RECOMMENDATION:
Receive the 2023 General Plan Annual Progress Report and authorize submittal of the report to the Governor’s Office of Planning and Research (OPR).
ATTACHMENT(S):
2023 General Plan Annual Progress Report
455 E. Calaveras Blvd., Milpitas, CA 95035
www.ci.milpitas.ca.gov
Superior Customer Service Open Communication Integrity and Accountability Trust and Respect Recognition and Celebration
MEMORANDUM
Planning Department
DATE:April 1, 2024
TO:Governor’s Office of Planning and Research
THROUGH:Ned Thomas, City Manager
FROM:Lillian VanHua, Principal Planner
SUBJECT:2023 General Plan Annual Progress Report
Background
The City of Milpitas completed a comprehensive update of its General Plan, which was adopted by the Milpitas City Council on February 23, 2021. The General Plan Update, which establishes a new planning horizon of 2040, provides updated goals, policies, and implementation actions and addresses new planning issues such as air quality and energy, community design, and economic and fiscal sustainability.
Future development projects consistent with the General Plan Update will be eligible for CEQA streamlining through the Programmatic EIR. The General Plan Update also includes a detailed implementation plan, which provides the responsible department, priority, and timing for all implementation actions. The City will review implementation of the General Plan on an annual basis, amend the General Plan as necessary, and update the City’s Zoning Ordinance and planning documents to ensure consistency with the General Plan.
Government Code Section 65400 mandates that all cities and counties submit an annual report on the status of the General Plan and progress in its implementation to their legislative bodies, the Governor’s Office of Planning and Research (OPR), and the Housing and Community Development (HCD) by April 1 of each year.
The intent of this statute is to ensure that the General Plan directs land use decisions and remains an effective guide for the long-term physical development of a community. It also provides local jurisdictions a tool to assess their effectiveness in implementing the Plan’s long-term vision.
This report highlights the City’s progress toward implementation of the 2040 General Plan. On March 19, 2024, staff shared this report to City Council, which authorized the submittal of the report to HCD.
Implementation Highlights by General Plan Element
Below is the City’s annual progress toward implementation of the previous General Plan by element.
Land Use Element
•Metro Specific Plan: The City adopted the Milpitas Metro Specific Plan, which is a comprehensive update of the Transit Area Specific Plan (TASP), on February 7, 2023. The TASP was renamed the “Milpitas Metro Specific Plan” (Metro Plan) to reflect new boundaries and focused attention on strategic redevelopment sites, circulation, and access. The Metro Plan area is concentrated around the new Milpitas Transit Center, which includes Bay Area Rapid Transit (BART) and Santa Clara Valley Transportation Agency (VTA) Light Rail and bus stations. The area has enjoyed significant residential development in the recovery from the Great Recession of 2008. Of the 7,109 potential dwelling units approved in the original 2008 Plan, over 6,900 units have been entitled, constructed, occupied, or are currently within the entitlement process. However, only a small amount of the proposed commercial space is entitled or under construction to date, and there are nearly 170 acres within the area that have not been redeveloped. The Metro Plan leverages these development opportunities to reinforce the
MEMORANDUM
455 E. Calaveras Blvd., Milpitas, CA 95035
www.ci.milpitas.ca.gov
Superior Customer Service Open Communication Integrity and Accountability Trust and Respect Recognition and Celebration Planning Department
2008 TASP’s vision for a high-density urban neighborhood with a mix of land uses around the Transit Center. The Metro Plan also enhances pedestrian and bicycle access throughout the MMSP area to complement these high-density mixed-use neighborhoods. Policy LU 2-1 and Action LU-2a •Gateway/Main Street Specific Plan: The City is currently updating the Midtown Specific Plan, which was adopted by the City Council in March 2002 and amended in November 2010. The Midtown Specific Plan will be renamed the “Milpitas Gateway/Main St. Specific Plan” (Gateway Plan) to reflect new boundaries and a new strategic focus on key redevelopment areas. The Gateway Plan area, which contains the original commercial and industrial core of the City, has undergone significant changes related to its growing role as a housing and employment center. Development activity over the past several years has included approval or construction of 1,200 multi-family residential units, reinvestment and upgrades to the Great Mall, and extension of VTA’s Tasman East Light Rail Transit (LRT) line.
However, several vacant and underutilized sites remain within the Gateway Plan area and there is significant potential for development and redevelopment. The Gateway Plan will provide policies and guidelines and identify improvements to streetscapes, infrastructure, and public open spaces to facilitate this area’s transition into an attractive and economically vital district with a compatible mixture of residential, retail, office, and service-oriented commercial uses served by a viable multi-model transportation network. The draft plan will be published for public review this spring, with an anticipated final adoption in the fall. Policy LU 2-1 and Action LU-2a •Comprehensive Zoning Ordinance Update: The City’s Zoning Ordinance is one of the primary implementation tools for the Land Use Element goals and policies. A Zoning Map, consistent with the General Plan Land Use Map, is also part of the Zoning Ordinance. Together, the Zoning Ordinance and Zoning Map are used to identify the specific types of use, intensity, and development standards applicable to given parcels or areas of land. However, the current Zoning Ordinance was originally adopted in 1955 and last updated in 2008. Therefore, the City initiated the Comprehensive Zoning Ordinance Update in early 2023 to modernize the Zoning Ordinance, ensure consistency with the recently adopted 2040 General Plan, and implement land use changes from the City’s specific plan updates. Phase 1 focuses on creating new zoning districts, including the new Business Park Research and Development (BPRD) and Metro Specific Plan zones. Hearings for Phase 1 are expected in April and June 2024. Policies LU 5-1, 5-2, 5-3, 5-4, 5-5, 5-6, and 5-7 and Actions LU-1d, LU-5a, LU-5b, and LU-5c
Circulation Element
•Trail, Pedestrian, and Bicycle Master Plan: The City adopted the Trail, Pedestrian, and Bicycle Master Plan, which is an update of the Trails and Bikeway Master Plans, on May 17, 2022. The Trails and Bikeway Master Plans were originally adopted by City Council in June 1997 and June 2009 respectively. The Trail, Pedestrian, and Bicycle Master Plan identifies gaps in the trail, pedestrian, and bicycle networks and provides recommendations to expand existing networks, increase safety and accessibility for all users, support economic development, and enhance the quality of life for area residents. The Trail, Pedestrian, and Bicycle Master Plan also evaluates bicycle/scooter share programs, identifies priorities, and recommends improvements. Policies CIR 2-1, 4-1, 4-2, 4-3, 4-4, 4- 5, 4-6, 4-7, 4-8, 4-9, and 4-10 and Actions CIR-4a, CIR-4b, CIR-4c, CIR-4g, CIR-4h, and CIR-4i •Development Review and Traffic Impact Fees: As part of its development review process, the City requires private development projects to implement traffic mitigation measures to address potential impacts and deficiencies created by the project and identified in the transportation impact analysis.
Required mitigation measures include improvements to transportation infrastructure and transportation
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Superior Customer Service Open Communication Integrity and Accountability Trust and Respect Recognition and Celebration Planning Department
demand management (TDM) programs. Additionally, the City collects both citywide and area-specific traffic impact fees to fund and construct transportation improvements. Furthermore, the VTA serves as the Congestion Management Agency for Santa Clara County and maintains the County’s Congestion Management Program (CMP), which includes several intersections within Milpitas. Although traffic congestion is no longer considered a potentially significant impact under the California Environmental Quality Act (CEQA) in accordance with Senate Bill (S.B.) 743, the City will continue to utilize level-of- service (LOS) analysis to address local traffic congestion while transitioning to vehicle miles traveled (VMT) as the new metric for assessing transportation impacts under CEQA. Policies CIR 1-9, 1-10, and 1-11 and Actions CIR-1l, CIR-1m, CIR-1n, CIR-1o, CIR-4k, CIR-4l, and CIR-7b •Citywide VMT Policy: The City adopted a citywide VMT policy to implement Senate Bill 743 and establish the methodology for analyzing transportation impacts under CEQA. The policy facilitates the buildout of the General Plan and supports new development in suitable areas near transit and mixed- use neighborhoods. City staff continues to implement the new policy through the development review process. Over time, the policy will help the City move away from auto-dependency and prioritize multimodal improvements to create a balanced and accessible transportation network that meets the needs of all users. Policies CIR 1-2 and 1-8 and Action CIR-1c •Capital Improvement Program (CIP): Consistent with the Circulation Element goals and policies, the City also made significant investment in transportation infrastructure and safety improvements through its CIP, which is updated every year. The significant transportation-related projects are discussed below.
oEnhanced Crosswalk Striping & Beacons: This project provides high visibility crosswalk striping and pedestrian actuated flashing beacons to facilitate safer pedestrian crossings at high vehicle and pedestrian volume intersections along school and bike routes and in residential areas. 16 beacons were installed at various locations throughout the City in 2021 and a Citywide Traffic Safety Assessment to identify future locations was completed in 2023. oTraffic Studies and Safety Improvements: The City Council adopted the Citywide Traffic Safety Plan in January 2024. This project provides citywide traffic studies, safety and minor traffic improvements as described in the Citywide Traffic Safety Plan and from community service requests. This ongoing project includes traffic signal, pedestrian, and roadway improvements.
Pedestrian improvements consist of bulb-outs, fencing, guardrails, intersection and crosswalk striping, and flashing beacons. Roadway improvements include advanced stop bars, green bike and buffer lanes, high-friction pavement treatments, lighting, radar feedback signs, retroreflective signage, rumble strips, and striping and marking. oStreet Resurfacing Program: This annual program provides for roadway pavement repair, rehabilitation, and/or reconstruction. The program includes replacement and upgrade of curb, gutter, driveway, and sidewalk. The program also includes implementation of bike facilities as described in the City’s Trail, Pedestrian, and Bicycle Master Plan. oADA Curb Ramp Transition Program: This annual program involves citywide replacement or upgrade of existing curb ramps to current standard Americans with Disabilities Act (ADA) compliant ramps. The program also includes construction of segments of new sidewalk to close gaps and allow the City to be eligible for future Federal transportation aid funds. oS. Milpitas Blvd. Vehicle Bridge at Penitencia Creek: Design of the project and the associated CEQA analysis is complete and construction is anticipated to start between 2025 and 2027. The project will provide a vehicular bridge over Penitencia Creek at the end of the new S. Milpitas
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Blvd. Extension. The vehicular bridge is part of the TASP circulation infrastructure improvement to provide safe and convenient pedestrian connectivity within the TASP area. oMontague Pedestrian Overcrossings: These projects will provide a pedestrian overcrossing over Montague Expressway at Piper Drive and the east levee of Penitencia Creek. The overcrossing at Piper Drive is complete. The design and associated CEQA analysis for the overcrossing at the east levee is complete and construction is anticipated to start between 2025 and 2027.
These projects are part of the TASP circulation infrastructure improvements to provide safe and convenient pedestrian connectivity within the TASP area.
Policies CIR 1-8, 2-1, and 2-2 and Actions CIR-7c
Community Design
•Residential and Mixed-Use Objective Design Standards: On November 1, 2022, the City adopted the Milpitas Residential and Mixed-Use Objective Design Standards (MODS), which provides clear and implementable design criteria for all new residential and mixed-use developments throughout the City.
The Objective Design Standards streamlines housing approvals, complies with recent State legislation requiring objective and quantifiable design guidelines, and ensures that new residential development protects and improves the character of existing neighborhoods. City staff continues to implement the MODS through the development review process. Policies CD 1-1, 1-2, 1-6, 2-1, 2-2, 2-4, 2-5, 2-7, 3-3, 3-5, 3-8, 3-9, 3-10. 5-1, 5-2, 5-3, 5-4, 5-5, and 5-8 and Actions CD-2b, CD-2c, CD-2d, CD-5a, and CD-5b
•Hillside Ordinance: The City’s Hillside Ordinance established the Hillside Combining District (Municipal Code Section XI-10-45.09), which promotes and encourages the orderly development of the hillside area of the City. The Hillside Ordinance provides regulations to ensure that development is in keeping with the natural character of the hillside, minimize grading of and alterations to hillsides, and address constraints associated with hillside development including geologic issues, slopes, access, and visibility. New developments in the Hillside Combining District are subject to these regulations and require review by the Planning Commission and approval by the City Council for compliance with the Hillside Site and Architectural Guidelines. Policies CD 7-1, 7-2, 7-3, 7-4, 7-5, and 7-6 and Action CD- 7a
•Development Review: As part of the development review process, City staff reviews new development projects to ensure that new developments include excellent project design, high-quality architecture, public improvements to reinforce a sense of place, and preserve and enhance the community character. The City also requires private development projects to either install public art component that meets the requirements of Municipal Code Section XI-10-14 and is approved by the Arts Commission or pay an in-lieu fee to fund public art improvements throughout Milpitas. Policies CD 1-1, 1-2, 1-6, 2-1, 2-2, 2-4, 2-5, 2-7, 3-3, 3-5, 3-8, 3-9, 3-10. 5-1, 5-2, 5-3, 5-4, 5-5, and 5-8 and Actions CD-2b, CD-2c, CD-2d, CD-5a, and CD-5b
Economic Development
•Economic Development Strategy: In May 2020, the City adopted a new Economic Development Strategy (EDS) that will guide the City’s efforts over the next five years to grow the local economy and foster local economic health, diversity, and vibrancy. The City completed an Innovation District Action Plan, which provides specific actions to implement policies in the EDS related to the creation of an Innovation District. City staff also included tasks in the Gateway/Main St. Specific Plan scope of work to
MEMORANDUM
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Superior Customer Service Open Communication Integrity and Accountability Trust and Respect Recognition and Celebration Planning Department
implement several EDS policies including a retail audit of the zoning code, retail strategies memo, property-based business improvement district, strategic property acquisition revenue fund, and economic/scenario feasibility testing. Policies ED 1-1, 3-2, 3-3, and 4-2 and Actions ED-1c, ED-1d, ED-1j, ED-2a, ED-2c, ED-3c, ED-3f, ED-3h, and ED3i
•Build Business by Symbium: In June 2022, the City implemented Build Business by Symbium, which is a geographic information system (GIS) software program that allows the public to quickly and accurately determine where each type of business is allowed in Milpitas, if a business is allowed at a specific location, and what types of permits are required. Build Business improves customer service, staff efficiency, and streamlines the permitting process to facilitate business retention, relocation, and attraction. Policies ED 1-5 and Actions ED-1l and ED-1m Conservation & Sustainability Element
•Climate Action Plan (CAP) Update: In compliance with Assembly Bill (A.B.) 32 and S.B. 375, on August 9, 2022, the City adopted an update to its CAP with new programs to meet the State’s new mid- and long-term statewide emissions targets (40 percent reduction below 1990 levels by 2030 and 80 percent reduction below 1990 levels by 2050). The CAP is designed to streamline environmental review of future development projects in the City, consistent with CEQA Guidelines Section 15183.5(b). The CAP identifies an overall strategy, baseline emissions and forecasts, reduction measures, and implementation strategies to achieve the State-recommended greenhouse gas (GHG) emissions reduction targets. Policies CON 1-3, 1-6, 1-7, 1-8, 1-10, 1-11, 1-13, and 7-13 and Actions CON-1a, CON-1g, and CON-1h
•Cultural & Historic Preservation: The City continues to carry out its Cultural Resources Preservation Program as outlined in Chapter 4, Title XI of the Milpitas Municipal Code to identify and protect existing cultural and historic resources. City staff reviews requests to alter or demolish an existing cultural or historic resource for compliance with local, state, and federal historic preservation standards and forwards applications to the Parks, Recreation and Cultural Resources Commission for a decision on whether the request meets the intent of the Cultural Resources Preservation Program. Additionally, projects subject to CEQA are analyzed for archaeological and paleontological impacts and mitigation measures are required as necessary. Policies CON 4-1, 4-2, 4-3, 4-4, and 5-1 and Actions CON-4a and CON-4b
•Energy Use: On January 17, 2023, the City adopted the 2022 California Energy Code and the 2022 California Green Building Standards Code pertaining to the all-electric requirement for newly constructed buildings, and electric vehicle (EV) chagrining for new residential and non-residential construction. These local amendments, referred to as reach codes, exceed the requirements in the 2022 state codes. As part of its development review process, the City requires new buildings to comply with these requirements and offers expedited building permit processing for residential projects achieving Build It Green’s GreenPoint Rated standard and for commercial and industrial projects achieving the Leadership in Energy and Environmental Design (LEED) Silver rating. Furthermore, in 2017, the City joined Silicon Valley Clean Energy (SVCE), which is a community-owned agency serving Santa Clara County communities by acquiring and offering clean, carbon-free electricity. Policy CON 1- 1, 1-2, and 1-3 and Actions CON-1e and CON-1f
Utilities & Community Services
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•Public Facilities and Utilities: The City maintains its public facilities and utilities to ensure that vital public services are available to its citizens. As part of its development review process, the City confirms that the development will be adequately served by public facilities and utilities by requiring public improvements when necessary and collecting development impact fees to defray all or a portion of the cost of public facilities and improvements necessary to serve the new development. A detailed discussion of the various public facilities and utilities is provided below. Several relevant topics including fire safety, parks and recreation, and stormwater are discussed in the implementation highlights for other General Plan elements, which provide more detailed policies regarding these topics. oWater Services: The City’s Urban Water Management Plan (UWMP) provides a framework for long term water planning to ensure adequate water supplies through the year 2040 and establishes a water use target that aids in meeting the State’s goal of reducing water use by 20 percent by 2020. On August 9, 2022, the City adopted an update to its Water Master Plan, which will guide the City’s decisions on water infrastructure investments over the next 20 years and incorporate the water needs associated with the TASP and Midtown Specific Plan updates.
Following a Water Supply Augmentation Feasibility Report completed in 2015, the City has concentrated its CIP efforts in utilizing groundwater wells, expanding the existing recycled water supply delivery and treatment infrastructure, and continued conservation efforts. oWastewater: On August 9, 2022, the City adopted an update to its Sewer Master Plan, which includes a summary of the City’s wastewater collection system, flow projections, an analysis of the system’s capacity, and a summary of the capacity improvements that are needed. The update also incorporates the sewer needs associated with the TASP and Midtown Specific Plan updates. The City’s Sewer System Management Plan (SSMP) provides a plan to properly operate and maintain the sanitary sewer collection system. The SSMP aims to prevent sewer outflow, provide adequate capacity to convey peak flows. The City experiences very few sewer system overflows and the required system improvements have been incorporated into the CIP. oPolice Protection: The City contains one police station with a Communications Center that coordinates information from 9-1-1 callers to responders in the field. The City is currently meeting its goal for response times to emergency calls of 3 minute or less. The adequacy of police services is also evaluated for any projects subject to CEQA. oSchools: Mabel Mattos Elementary School opened its doors to K-4 students with the start of the new school year in August 2018. With the completion of Phases II and III in 2021 and 2022 respectively, the school now serves grades K-6 and accommodates up to approximately 700 students.
Policies UCS 1-1, 1-4, 2-1, 2-3, 2-5, 2-6, 2-7, 3-1, 3-2, 8-1, and 8-15 and Actions UCS-1a, UCS-2a, UCS-c, and UCS-3a
•Stormwater & Drainage: The City participates in the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). The SCVURPPP and member agencies implement programs aimed at reducing pollutants in stormwater runoff and protecting water quality of the San Francisco Bay and Santa Clara Valley creeks and rivers. The City also requires post-construction stormwater controls on development projects as part of its obligations under Provision C.3 of the Bay Area Municipal Regional Stormwater Permit (MRP). Furthermore, the City’s Storm Drain Master Plan identifies the capital improvements needed to maintain recommended levels of protection against stormwater runoff, which have been incorporated into the CIP. Policies UCS-4-1, 4-2, 4-3, 4-4, 4-5, 4-6, and 4-14 and Actions UCS-4a, UCS-4b, UCS-4c, UCS-4e, and UCS-4f
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•Urban Growth Boundary: The City passed Measure I in November 2016 to continue the City’s urban growth boundary established by Measure Z in 1998, which was set to expire in 2018. The urban growth boundary, which limits development in Milpitas to the valley floor and the base of the foothills by prohibiting the City from providing services to new land use developments in the hillside area, will now continue through December 31, 2038. The City’s Urban Service Area boundary established by the Santa Clara County Local Agency Formation Commission (LAFCO) is coterminous with the City’s urban growth boundary. Policy UCS 1-6
Safety Element
•Development Review Process: One of the ways the City strives to minimize risk from geologic, fire, and flood hazards is through its development review process as discussed below. oSeismic and Geologic Hazards: The City requires development projects in hillsides or fault zones to submit a geotechnical report, reviews the findings of the report, and conditions projects to adhere to the report’s recommendations. Projects subject to CEQA are also analyzed for potential geotechnical impacts and mitigation measures are required as necessary. oFire Hazards: The Milpitas Fire Department reviews and inspects projects during the development review process to ensure that all new developments comply with the Uniform Fire Code and other local fire safety regulations.
oFlood Management: The City coordinates with the Santa Clara Valley Water District while reviewing development projects to ensure that buildings and structures are located, designed, and constructed in a manner that minimizes flood risks and complies with the City’s floodplain management regulations, which provide standards for any construction or other development within any area of special flood hazard.
Policies SA 1-1, 1-2, 1-4, 1-5, 1-6, 1-7, 1-8, 2-3, 2-4, and 2-5 and Actions SA-1a, SA-1b, SA-1d, SA- 1e, SA-2a, and SA-2c
•Fire Safety: The Fire Department operates four fire stations within its service area. The average response time in 2023 was 4 minutes, 40 seconds, which is slightly over the City’s response goal of 4 minutes. The City maintains its fire stations through regularly scheduled minor improvements. The Fire Department also performs routine fire inspections of existing buildings, structures, and properties in the City with the exception of single and multi-family dwellings in which the owner of the property resides.
Policy SA 4-9 and Actions SA-3d, SA-3e, SA-4b, and SA-4c •Emergency Preparedness: The Milpitas Fire Department Office of Emergency Services (OES) coordinates the City’s preparedness efforts to mitigate against, plan for, respond to, and recover from natural disasters. The OES maintains the City’s Emergency Operations Plan (EOP), which provides a blueprint for emergency management within the City and requires the development of departmental Standard Operating Procedures (SOPs). The City also partnered with Santa Clara County and other local jurisdictions to prepare the Santa Clara Operational Area Hazard Mitigation Plan, which is an updated multi-jurisdictional hazard mitigation plan that assesses local hazard risks and recommends a tailored and coordinated mitigation strategy to improve the resiliency of the County. The OES actively implements the recommendations of these emergency plans by keeping the Emergency Operation Center in a state of readiness and training citizens in basic disaster response through the Community Emergency Response Team (CERT). Policies SA 3-4 and 3-5 and Actions SA-3a and SA-3b Noise Element
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•Development Review Process and Enforcement: As part of its development review process, the City conditions development projects to comply with the City’s noise regulations the Milpitas Municipal Code and noise compatibility standards in the Noise Element of the General Plan. Additionally, projects subject to CEQA are required to analyze potential noise impacts resulting from the project and mitigation measures are required to mitigate any significant noise impacts. The City’s Neighborhood Services Division and the Milpitas Police Department jointly enforce the City’s noise regulations, project conditions of approval, and CEQA mitigation measures to ensure compliance throughout the City.
Policies N 1-2, 1-4, 1-5, 1-6, and N 1-8 and Actions N-1a, N-1b, N-1c, and N-1d •Specific Plan Updates: As part of specific plan updates and associated zoning amendments, the City is analyzing and considering the noise compatibility of existing and new land uses as it updates the zoning for these plan areas. The new land use plans will incorporate appropriate buffers and transitions between incompatible land uses to minimize noise impacts. Policies N 1-1 and N 1-7 Parks, Recreation, & Open Space Element
•Parks & Recreation Master Plan Update: The City updated the Parks and Recreation Master Plan, which was originally adopted in 2008, to include City recreational facilities and parks in the TASP and Midtown areas. The update includes an existing conditions assessment of all parks and recreation facilities, public engagement and outreach, a strategic plan to provide high-quality accessible parks and recreation facilities, and a programming and growth assessment. The City continues to implement the Parks and Recreation Master Plan through the development review process and updating its Capital Improvement Program. Policies PROS 1-1, 1-2, and 1-3 and Action PROS-1c •Park Dedication or In-Lieu Fee: As part of its development review process, the City requires private development projects to either dedicate land or pay a park in-lieu fee (based on project square footage) to fund improvements to parks and recreation facilities to meet the additional demand for such facilities resulting from new developments and achieve the goals and policies of the Recreation Master Plan.
Policies PROS 1-4 and 1-5 and Action PROS-1b
•Parks & Recreation Facilities Improvements: Consistent with the Open Space & Environmental Conservation Element goals and policies, the City also made significant investment in parks and recreation facilities through its CIP. The significant projects are discussed below. oCitywide Park Rehabilitation: The City assessed and rehabilitated citywide park playgrounds needing minor improvements. Minor improvements were completed for Tom Evatt Park and along Coyote Creek in 2023.
oMinor Sports Courts Rehabilitation: The program provides for the rehabilitation of several sports courts annually. Minor improvements were completed for Dixon Landing and Sports Center Complex, Cerano Park, and Selwyn Park in 2023.
oSports Fields Turf Rehabilitation Program: The program is ongoing and provides for turf rehabilitation at City sports fields. Work includes re-sodding, re-seeding, irrigation repairs, and other minor rehabilitations.
oPark Renovations: The City completed the design for the renovation of one neighborhood park (Sandalwood Park) and will begin construction in 2025. Improvements include a new picnic and playground area, ADA access and path improvements, a new restroom, and upgraded irrigation and landscaping.
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oNew Parks: The City constructed one new park (Trade Zone/Montague Park – North) and construction of another new park (Delano Manongs Park) is underway. Phase 1 and Phase 2 (Park Core and Sports Field) of Delano Manongs Park was completed in 2023. The construction of Phase 3 (large dog play area) is anticipated to begin in 2025. These new parks will add approximately 9.5 acres of new parkland.
Policies PROS 1-8 and 1-9 and Action PROS-1a
Community Health & Wellness
•Smoke-Free Ordinance: The City adopted a Smoke-Free Ordinance to expand the smoke-free areas within Milpitas and protect Milpitas’ most vulnerable populations. The Ordinance prohibits smoking in outdoor dining areas, parks and trails, multi-unit housing and associated common areas, near entryways to buildings where smoking is prohibited, service areas, and at public events. City staff continues to enforce the Ordinance and provide resources such as no-smoking signage to encourage compliance. Policy CHW 7-2
•Retail Tobacco Licensing Program: The City is currently developing a Retail Tobacco Licensing Program to require licenses for tobacco retailers in Milpitas. The program will allow the City to enforce local regulations and ensure that retailers are not selling tobacco products to the youth. New retailers will also be required to locate a minimum distance from existing retailers and sensitive land uses such as schools and parks to minimize the undue concentration of retailers and protect the youth. Policy CHW 7-3 and Action CHW-7b
•Environmental Justice Element: The City is currently reviewing the Community Health and Wellness Element Update in conformance with Senate Bill (SB) 1000 to incorporate environmental justice policies. The Update includes additional background information on healthy communities, environmental justice, and where those topics intersect with the other General Plan elements. Policy CHW1-1 and CHW1-4, and Action CHW-1b
Housing Element
•Annual Progress Report (APR): On March 19, 2024, staff presented the 2023 APR for the Housing Element and 2023 Housing Successor Agency Annual Report to City Council, which authorized the submittal of both reports to HCD.
•2023-2031 Housing Element: On January 24, 2023, the City adopted the Housing Element Update for the sixth housing element cycle (2023-2031) to accommodate the City’s Regional Housing Needs Allocation (RHNA) adopted by the Association of Bay Area Governments (ABAG). On May 17, 2023, the Department of Housing and Community Development (HCD) found the adopted housing element in substantial compliance with the State Housing Element Law. •Housing Opportunity Districts (HOD) Overlay: The City is implementing a HOD Overlay District to provide zoning and financial incentives for affordable housing development in key opportunity areas throughout Milpitas. The goal of the HOZ Overlay District is to facilitate affordable and supportive housing for all and help address the ongoing housing crisis through innovative and effective incentive- based zoning.
Conclusion
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Superior Customer Service Open Communication Integrity and Accountability Trust and Respect Recognition and Celebration Planning Department
This report documents the City’s recent progress in implementing the General Plan. The information contained herein will be forwarded in the form of a letter to OPR to serve as the City of Milpitas’s General Plan Progress Report for 2023.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to Execute a Five-Year Professional Services Agreement with Precision K9 for Canine Acquisition and Training (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406) Category: Consent Calendar-Public Safety
Meeting Date: 3/19/2024
Recommendation: Approve and authorize the City Manager to execute a five-year professional services agreement with Precision K9 for canine acquisition and training in a total not-to- exceed amount of $195,000.00 over the five-year term.
BACKGROUND:
The Milpitas Police Department implemented a canine program in 1954 and operates one of the longest running, uninterrupted canine programs in the State of California. The department’s canines and handlers require ongoing maintenance training to operate safely, maintain a high level of proficiency, and comply with legal mandates under the California POST Law Enforcement K-9 Guidelines certification. In 2019, the department was in need of identifying a new vendor for canine services; therefore, the City publicly posted an invitation for bid, to which two vendors responded and Precision K9 was selected.
On May 7, 2019, the City Council approved a five-year professional services agreement with Precision K9 for monthly maintenance training, multiple basic specialty training courses, AKC Canine Good Citizen Training, and optional additional maintenance training. Precision K9 has the technical expertise and specialized skillset the department requires to continue to operate the established K9 program. Over the five-year contract term (2019 to 2024), Precision K9 has established a positive working relationship with the department’s canine teams and has continued to effectively develop the canine program while adhering to California POST requirements.
The five-year professional services agreement with Precision K9 the City entered in 2019 expires this calendar year; therefore, a new agreement is needed for continuance of services.
ANALYSIS:
The Police Department requests to enter into a new five-year agreement for continuance of canine acquisition and training services. The total cost of the proposed agreement is $195,000.00 over five years, with recurring and one-time costs as follows:
Year 1 Year 2 Year 3 Year 4 Year 5 Total
Recurring: Maintenance training
($1,600/month) $19,200 $19,200 $19,200 $19,200 $19,200 $96,000 One-time: Acquisition of up to three
new canines (up to $15,000/ea) $45,000
One-time: Basic training and AKC
Canine Good Citizen program for up
to three new canines ($18,000/ea)
$54,000
Total: $19,200 $19,200 $19,200 $19,200 $19,200 $195,000
Section I-2-3.13-1 of the Milpitas Municipal Code states Consultants are required for professional or technical expertise and for matters requiring specialized abilities or a high degree of skill. Their numbers (in relation to a particular skill or expertise required) are comparatively limited. Where consultants are involved, the bidding process is not likely to result in a lower price to the City or eliminate unnecessary expense or delay.
However, the request for proposals (RFP) process established in Section I-2-3.09, the request for qualifications (RFQa) process established in Section I-2-3.10, or a similar process based on evaluating consultant qualifications, is better suited.
Section I-2-3.13-2 of the Milpitas Municipal Code authorizes the requesting department to engage a consultant (including, but not limited to, material testing services and construction inspection services) without the necessity of competitive procurement or notice thereof: (b) with City Council approval if the consultant’s total fee for materials and services under the contract by which the consultant is engaged exceeds $100,000.00.
POLICY ALTERNATIVE(S):
Alternative 1: Do not approve and authorize the City Manager to Execute the Professional Services Agreement with Precision K9.
Pros: The City would not incur the cost of these services over the year-year term of the agreement.
Cons: The Police Department’s canine unit would not continue maintenance training and therefore would be unable to comply with legal mandates under the California Peace Officers Standards and Training (POST) Law Enforcement K-9 Guidelines. Additionally, the department would not be able to acquire new canines over the next 5 years, in anticipation of the regular attrition of current canines, thus the department’s canine unit would no longer be able to operate.
Reason for Not Recommending: The Police Department typically operates with four police canine teams, which require ongoing maintenance training to reduce liability and operate safely and proficiently. In addition, the department anticipates the need for new canines due to the regular attrition of current canines. The elimination or reduction of canine acquisition and training services will decrease the Police Department’s ability to proactively respond to and investigate crime and other incidents where canines are a vital tool, thus will reduce public safety.
FISCAL IMPACT:
The total not-to-exceed amount for the five-year contract term is $195,000.00, subject to annual appropriations.
The recurring annual cost of $96,000 total ($19,200 annually) is funded from the Police Department’s general operating budget. The one-time amount of up to $99,000 for the acquisition and training of new canines will be incorporated into grant spending plans as applicable and/or into future operating budget development for funding, if/as needed.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is continuing administrative or maintenance activity and is not a project pursuant to Cal. Code Regs., tit. 14, § 15378.
RECOMMENDATION:
Approve and authorize the City Manager to execute a five-year professional services agreement with Precision K9 for canine acquisition and training in a total not-to-exceed amount of $195,000.00 over the five-year term.
ATTACHMENT(S):
(a) Precision K9 Professional Services Agreement