Milpitas City Council
June 11, 2024

June 11, 2024 Milpitas City Council Agenda Page 1

SPECIAL JOINT MEETING OF THE MILPITAS

CITY COUNCIL AND HOUSING AUTHORITY
AGENDA
TUESDAY, JUNE 11, 2024
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 5:30 PM (PUBLIC BUSINESS)
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The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.

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

Meeting shall be livestreamed - Go to:

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PUBLIC COMMENT INSTRUCTIONS
Oral public comments may only be provided live during the City Council meeting in person, unless the City Council approves remote public comment. 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 unless the City Council approves remote public comment. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_DMXz54YcQ3iIS1W0653CFQ 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.

June 11, 2024 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (5:30 PM)

PLEDGE OF ALLEGIANCE
PRESENTATIONS (5:35 PM)
● Community Heroes Awards and Reception
PUBLIC FORUM (6:15 PM)
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.

As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA
CONSENT CALENDAR (6:20 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

C1. Approve Accounts Receivable Write-offs for the Fiscal Year Ending June 30, 2024 (Staff Contact:

Luz Cofresí-Howe, Finance Director, 408-586-3111)
Recommendation: Approve the Accounts Receivable write-offs for the Fiscal Year ending June 30, 2024.

C2. Approve a Milpitas Housing Authority Agreement with Bay Area Builders, Inc. dba BAB Commercial for Property Management Services (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046)
Recommendation: Approve a Milpitas Housing Authority Agreement with Bay Area Builders, Inc. DBA BAB Commercial for property management services in an amount not to exceed $50,000 and authorize the City Manager to act as Executive Director in the execution of the agreement.

AGENDA ITEMS (6:25 PM)

3. Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff Through the Council-Approved Prioritization Process (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012)
Recommendation: (1) Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced; and (2) Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items.

PUBLIC HEARINGS (7:00 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

June 11, 2024 Milpitas City Council Agenda Page 3
continuance are subject to Council’s consent at the meeting.

4. Adopt a Resolution Approving a Site Development Permit, Conditional Use Permit, Vesting Tentative Map, Density Bonus Permit, Tree Removal Permit, and Environmental Assessment to Allow the Development of 43 Townhome Condominiums with 13 Accessory Dwelling Units and Associated Site Improvements at 1905 Tarob Court (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Recommendation: Adopt a resolution to approve Site Development Permit No. SD23-0011, Conditional Use Permit No. UP23-0007, Vesting Tentative Map No. MT23-0001, Density Bonus Permit No. DB23- 0002, Tree Removal Permit No. TR23-0015, and Environmental Assessment No. EA23-0002 to allow the development of 43 townhome condominiums with 13 accessory dwelling units and associated site improvements at 1905 Tarob Court subject to the Conditions of Approval.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (7:30 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 (7:35 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.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve Accounts Receivable Write-offs for the Fiscal Year Ending June 30, 2024 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) Category: Consent Calendar-Leadership and Support Services Meeting Date: 6/4/2024
Recommendation Approve the Accounts Receivable write-offs for the Fiscal Year ending June 30, 2024 BACKGROUND:

As part of the Finance Department routine analysis of outstanding accounts receivable and the annual publication of the City’s audited financial statements, staff reviews the City’s accounts receivable to identify payments due that have been outstanding for more than one (1) year. These outstanding payments are considered for write-off if collection efforts1 have been unsuccessful. City of Milpitas Municipal Code I-5-3.00 Write-off of Uncollectible Accounts authorizes the City Manager and the Director of Finance, jointly, “… to write off as uncollectible up to $50,000.00 in total annually (and up to $10,000.00 for any single account or claim) on all accounts or claims which the City may have against all persons when the City Manager and Director of Finance determine that the claim is:
a. Uncollectible;
b. Possibly collectible but collection would not be reasonably cost-effective taking into consideration the probable necessary cost to the City in pursuing collection and the likelihood of collection; or
c. Not a valid, enforceable claim of the City.”2
As the annual write-off amount is more than $50,000, staff seeks Council approval.

ANALYSIS:

Staff recommends the attached listings of accounts receivable accounts to City Council for write-off approval.

This report covers the period through June 2023. Attached are two accounts receivable lists: one for utility accounts (water and sewer) and the other for non-utility accounts that have remained unpaid for more than 12 months. The table below identifies accounts receivable categories, total amounts invoiced as of June 30, 2023, proposed write-off amounts and proposed write-off amount represented as of percent of total amounts invoiced. It should be noted that during this period, the City achieved an overall collection rate of 99.80%. The proposed write-off of $116,270 is approximately 0.20% of all the amounts invoiced during the same period.

Invoiced
Amount
Proposed WriteOff Amounts% of Invoiced
Amount
Utility Accounts 57,950,326 82,868 0.14%
Fire Annual Permit 931,110 13,223 1.42%
Fire False Alarm 58,200 300 0.52%
PD False Alarm 171,165 19,611 11.46%
Shopping Cart Retrieval 11,588 268 2.31%
TOTAL $ 59,122,389 116,270 0.20%
Finance staff invoices and collects payments for all utility accounts as well as miscellaneous accounts receivable (private development jobs, fire permits, business licenses, retiree medical, police false alarms, 1 City dunning activities include internal billing mailings, past due notices, phone calls, and referring outstanding balance(s) to an external collection agency, Collection Bureau of America. 2 City of Milpitas Municipal Code I-5-3.00 Write-off of Uncollectible Accounts https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH5SEAU_S3WRFUNAC

police subpoena, animal regulation violations, and Neighborhood Beautification Ordinance [NBO] Fines). For utility accounts, in accordance to Senate Bill 998 Discontinuance of Residential Water Service, a bill is due for payment in 21 days from the bill date. Finance staff then sends a reminder notice 23 days from the bill date and final notice 65 days from the bill date. A telephone call follows 73 days from the bill date. The utility account will be tagged for shut-off 80 days from the bill date. If not paid, a utility account will be shut-off 85 days from the bill date and sent to the City’s collection agency, Collection Bureau of America. If shut-off and sent to collections, a utility customer will not be able to start new utility service until their outstanding balance is paid in full, even if that balance has been written off.

For miscellaneous accounts receivable, an invoice issued is due for payment in 28 days from issuance date of the invoice. If not paid on the due date, a reminder notice will be issued by Finance staff on the 28th day and due for payment in 14 days from issuance date of the reminder notice. If not paid on the due date, a Final Notice will be issued on the 42nd day and due for payment in 7 days from issuance date of Final Notice. If not paid on the due date, the account will be sent to the City’s collection agency on the 49th day. If the account is for a developer, they will not be able to start new work in Milpitas if they have an outstanding balance.

POLICY ALTERNATIVE(S):

Alternative 1: Do not write off proposed recommendation to write off accounts receivable.

Pros: None
Cons: Will not follow Generally Accepted Accounting Principles, thus overstating City financials.

Reason for Not Recommending: The City needs to ensure to follow financial practices consistent with Generally Accepted Accounting Principles (GAAP). Following GAAP is a precursor towards an unqualified or “clean” financial audit.

FISCAL IMPACT:

Write offs of $116,270 from the outstanding accounts receivable will reduce the full-accrual fund balances of the General Fund by $33,402 and the Utility Funds by $82,868.

California Environmental Quality Act (CEQA):

Not Applicable
RECOMMENDATION:

Approve the Accounts Receivable write-offs for the fiscal year ending June 30, 2024.

Attachment(s):
(a) FY2023-2024 Utility Bills Write Off
(b) Miscellaneous Accounts Receivable Write Off

ACCOUNT # CUSTOMER NAME

FINAL BILL

DATE AMOUNT REASON
2003907 NARENDRA KISHNANI 09/28/22 115 CLOSED ACCOUNT
2006692 HELEN BRYANT 04/24/23 640 CLOSED ACCOUNT
2007585 SANGJO YI 09/05/22 25 CLOSED ACCOUNT
2010616 ALBERT GUTING 05/22/23 789 CLOSED ACCOUNT
2012142 MUSHARBASH 02/14/22 8 CLOSED ACCOUNT
2013320 CRISTINA YU 11/14/22 365 CLOSED ACCOUNT
2013409 RUBY SANTOS 05/01/23 937 CLOSED ACCOUNT
2014417 LEA GREGORY 10/03/22 543 CLOSED ACCOUNT
2014563 JOEL MARGOLIS 02/06/23 375 CLOSED ACCOUNT
2014667 LARRY NUNES 12/26/22 933 CLOSED ACCOUNT
2015643 HENRY LAO 03/20/23 201 CLOSED ACCOUNT
2017051 EDWARD OVERTON 07/18/22 345 CLOSED ACCOUNT
2017468 SHERINA CHAN 11/07/22 200 CLOSED ACCOUNT
2018218 GEARY CHOPOFF 10/10/22 899 CLOSED ACCOUNT
2019157 DONALD BROWNE 12/19/22 412 CLOSED ACCOUNT
2020300 ELVIRA ATENCIO 04/19/21 20 CLOSED ACCOUNT
2020627 JUDY DALEY 11/14/22 25 CLOSED ACCOUNT
2026476 TRINA BESLER 03/20/23 703 CLOSED ACCOUNT
2027540 JULISSA GILL 10/31/22 934 CLOSED ACCOUNT
2027542 JAMES WELLMAN 09/05/22 310 CLOSED ACCOUNT
2028725 LUZ SORIA 01/16/23 29 CLOSED ACCOUNT
2030684 JOANNA SAIZ 06/07/21 15 CLOSED ACCOUNT
2031184 JIMMY SU 08/24/20 15 CLOSED ACCOUNT
2031559 ARSENIA SERAFICA 10/03/22 1,410 CLOSED ACCOUNT
2031978 YEHONG XU 11/10/22 161 CLOSED ACCOUNT
2032010 ZENAIDA ASUNCION 11/07/22 158 CLOSED ACCOUNT
2032509 HENRY LAO 02/06/23 447 CLOSED ACCOUNT
2032802 HANG PHAN 03/27/23 395 CLOSED ACCOUNT
2035440 KATRINA ACOSTA 09/12/22 1,645 CLOSED ACCOUNT
2036354 KENNETH JOWE 09/05/22 220 CLOSED ACCOUNT
2036814 HEN LAM 07/11/22 1,102 CLOSED ACCOUNT
2037213 AMBER ROBINSON 05/29/23 306 CLOSED ACCOUNT
2038251 CONSUELO MALAPIT 07/04/22 2,021 CLOSED ACCOUNT
2038559 COLOSSEUM NEW YORK PIZZA 03/27/23 904 BANKCRUPTCY 2039379 SPRING VALLEY BIBLE CHURCH 10/12/20 10 BUSINESS CLOSED 2040497 PHUNG NGUYEN 01/10/22 501 CLOSED ACCOUNT
2041604 SHABU HOUSE 01/23/23 686 CLOSED ACCOUNT
2041627 CRAWDADDY RESTAURANT 02/13/23 2,096 BUSINESS CLOSED 2041966 JANET CORNELL 08/29/22 2,477 CLOSED ACCOUNT
2042514 BEAHM DESIGNS CORP 01/09/23 261 CLOSED ACCOUNT
2042618 LIJUAN SANG 09/19/22 470 CLOSED ACCOUNT
2042934 ADRIENNE SPENCER-TENSOS 08/08/22 355 CLOSED ACCOUNT 2043271 PHUNG NGUYEN 04/10/23 670 CLOSED ACCOUNT
2043329 THAI VU 02/06/23 555 CLOSED ACCOUNT
2043410 KAREN CHAN 10/31/22 781 CLOSED ACCOUNT
2043675 YUEYING ZHANG 09/19/22 1,231 CLOSED ACCOUNT
2044067 ANALYNNE ANSAGAY 06/05/23 1,177 CLOSED ACCOUNT
2044960 CHERYL EDORA 07/25/22 407 CLOSED ACCOUNT
2046267 ALLISON ESSEX 03/06/23 403 CLOSED ACCOUNT
2046482 TAMIKA HAMILTON 08/01/22 2,669 CLOSED ACCOUNT
2046823 VI NGUYEN 07/04/22 1,756 CLOSED ACCOUNT
2047114 MARICHELL BAUTISTA 11/09/20 15 CLOSED ACCOUNT
2048127 TUNG LUONG 11/06/23 702 CLOSED ACCOUNT
2048171 DIANE CAO 12/19/22 529 CLOSED ACCOUNT
FY 2023-2024 WRITE OFF
Utility Accounts Receivable
as of June 30, 2023

ACCOUNT # CUSTOMER NAME

FINAL BILL

DATE AMOUNT REASON
FY 2023-2024 WRITE OFF
Utility Accounts Receivable
as of June 30, 2023
2048214 JONATHAN QUIBUYEN 01/23/23 31 CLOSED ACCOUNT
2048274 TERESA LOPEZ 11/14/22 1,104 CLOSED ACCOUNT
2048294 GANESH BABU NELAMANGALA 09/12/22 470 CLOSED ACCOUNT 2048343 KAREN BAINS 06/19/23 15 CLOSED ACCOUNT
2048377 MANUEL BERBER 01/23/23 188 CLOSED ACCOUNT
2048459 ALFRED DOMINGUEZ 05/22/23 192 CLOSED ACCOUNT
2048470 LONNIE TODD NALL 08/08/22 260 CLOSED ACCOUNT
2048475 MARIBEL BONILLA 10/31/22 731 CLOSED ACCOUNT
2048496 JOSEPHINE HERRERA 10/31/22 2,144 CLOSED ACCOUNT 2048568 ANDY LEDANG 08/01/22 2,455 CLOSED ACCOUNT
2048600 MARC SANZONE 06/05/23 199 CLOSED ACCOUNT
2048727 RAYNA MATA 07/25/22 1,273 CLOSED ACCOUNT
2048788 MARLON JOHN 08/29/22 25 CLOSED ACCOUNT
2048822 SVC ASSET MANAGEMENT INC 10/31/22 4,069 BUSINESS CLOSED 2048828 RICARDO RODRIGUES JR 09/19/22 1,953 CLOSED ACCOUNT 2048892 SCOTTISH MAIDS 05/22/23 206 CLOSED ACCOUNT
2049075 GOWTHAM PAIMAGAM 11/28/22 84 CLOSED ACCOUNT
2049163 JONATHON RAZO 09/05/22 2,921 CLOSED ACCOUNT
2049200 ROSEMARIE MATSUMOTO 07/18/22 598 CLOSED ACCOUNT 2049262 EDWIN GUZMAN 12/07/20 24 CLOSED ACCOUNT
2049320 JOSE RODRIGUEZ 09/12/22 1,438 CLOSED ACCOUNT
2049346 PEDRO ZERNA GARCIA 09/12/22 289 CLOSED ACCOUNT
2049347 KRYSTAL LOPEZ 07/04/22 86 CLOSED ACCOUNT
2049438 ANDREW MARTINEZ 09/12/22 233 CLOSED ACCOUNT
2049459 ERIC BALDEMOR 07/04/22 460 CLOSED ACCOUNT
2049636 GONZALO PRUDENCIO 01/25/21 10 CLOSED ACCOUNT
2049712 KHANH NGUYEN 08/08/22 3,860 CLOSED ACCOUNT
2049713 MABUHAY GRILL LLC 01/16/23 1,293 CLOSED ACCOUNT 2049760 RICHARD ONG 07/04/22 1,955 CLOSED ACCOUNT
2049825 BRIAN VAN HOOK 03/29/21 7 CLOSED ACCOUNT
2049875 RAMIRO BAEZ 09/05/22 1,864 CLOSED ACCOUNT
2049929 ELLAINE GRION 06/05/23 307 CLOSED ACCOUNT
2049945 MICHAEL PILLOW 06/12/23 434 CLOSED ACCOUNT
2049946 DAWN ATENCIO 09/05/22 976 CLOSED ACCOUNT
2049961 IRENE PEREZ 07/18/22 2,397 CLOSED ACCOUNT
2049985 SUMMIT ASSET MANAGEMENT LLC 04/03/23 743 BUSINESS CLOSED 2050118 RAMKUMAR VENKATESAN 12/26/22 116 CLOSED ACCOUNT 2050122 NICHOLAS MALONE 08/08/22 331 CLOSED ACCOUNT
2050456 BRENDA DUKE 06/12/23 850 CLOSED ACCOUNT
2050467 KARINA PICHARDO 09/12/22 1,558 CLOSED ACCOUNT
2050667 MARISSA ESTRADA 02/06/23 711 CLOSED ACCOUNT
2050803 BAILEY WIRTH 03/13/23 281 CLOSED ACCOUNT
2050855 SHAUNTEREL TATUM 01/30/23 2,029 CLOSED ACCOUNT
2050856 REDWOOD HOLDINGS LLC 07/11/22 291 BUSINESS CLOSED 2050987 TANYA PAWLOVICH 07/11/22 133 CLOSED ACCOUNT
2051000 RAHUL KHURANA 05/22/23 21 CLOSED ACCOUNT
2051004 VERONICA MADRIZ 03/07/22 17 CLOSED ACCOUNT
2051049 NATALIE KESSINGER 05/01/23 877 CLOSED ACCOUNT
2051086 SAMANTHA DUNCUN 09/12/22 499 CLOSED ACCOUNT
2051094 SANTOSH PRAVEEN KARRI 08/22/22 170 CLOSED ACCOUNT 2051154 VICKY LAM 04/10/23 617 CLOSED ACCOUNT
2051165 MARINA URROZ 04/25/22 9 CLOSED ACCOUNT
2051418 FRANCISCO MALAPIT 05/22/23 252 CLOSED ACCOUNT
2051453 JAMES D OVERMAN 12/12/22 926 CLOSED ACCOUNT

ACCOUNT # CUSTOMER NAME

FINAL BILL

DATE AMOUNT REASON
FY 2023-2024 WRITE OFF
Utility Accounts Receivable
as of June 30, 2023
2051535 RISHBAH GUPTA 08/15/22 153 CLOSED ACCOUNT
2051670 SABRINA ALVAREZ 11/07/22 10 CLOSED ACCOUNT
2051693 ADI TUIFAGALL 06/19/23 510 CLOSED ACCOUNT
2051774 OPEN DOOR REALTY 02/13/23 403 BUSINESS CLOSED
2051884 LINH HA 01/23/23 274 CLOSED ACCOUNT
2051933 VETERANS DESIGN 06/26/23 375 BUSINESS CLOSED
2052006 ROWELL ORIENTE 06/12/23 746 CLOSED ACCOUNT
2052128 JIANPING ZHANG 04/03/23 58 CLOSED ACCOUNT
TOTAL AMOUNT $ 82,868

INVOICE # DATE CUSTOMER NAME

CUSTOMER ID

NUMBER AMOUNT DESCRIPTION
I000051683 11/04/22 RAW ASF F22-0106 307 Fire Annual Permit I000051685 11/04/22 SHANGHAI FAMILY CUISINE F22-0113 307 Fire Annual Permit I000051887 12/23/22 CTC PROPERTY, LLC F15-0327 618 Fire Annual Permit I000051865 12/23/22 CTC PROPERTY, LLC F15-0351 1,530 Fire Annual Permit I000051911 12/23/22 MAJI PALACE LLC F22-0103 912 Fire Annual Permit I000051912 12/23/22 KOKOLO DONBURI F22-0173 912 Fire Annual Permit I000051869 12/23/22 LANTANA F22-0263 3,298 Fire Annual Permit I000051873 12/23/22 ROYAL TACO F89-0192 296 Fire Annual Permit I000053018 03/10/23 CHEUNG HING RESTAURANT F22-0255 947 Fire Annual Permit I000053023 03/10/23 VIRGILS GARAGE F22-0518 641 Fire Annual Permit I000053025 03/10/23 MICHAEL'S CLEANERS F22-0526 641 Fire Annual Permit I000053026 03/10/23 SUNRUN F22-0534 641 Fire Annual Permit I000054261 05/26/23 T-MOBILE WEST, LLC SF04589A F23-0047 641 Fire Annual Permit I000051862 12/23/22 APT. COMPLEX (RAGALA PROPERTI) F20-0318 307 Fire Annual Permit I000051851 12/23/22 CONDOMINIUM COMPLEX F94-0741 1,223 Fire Annual Permit Fire Annual Permit $ 13,223
I000054268 05/26/23 ELEANOR APARTMENTS 00013532 300 Fire False Alarm Fire False Alarm $ 300
I000052100 02/03/23 ROUND TABLE PIZZA #2 00011015 25 PD False Alarm I000052099 02/03/23 ILARA APARTMENTS 00012648 300 PD False Alarm I000052138 02/03/23 NEEKA ACCOUNTANCY CORP 00012968 25 PD False Alarm I000052094 02/03/23 SURESITE CONSULTING GROUP LLC 00013163 150 PD False Alarm I000052112 02/03/23 VENTURE ENTERPRISE INNOVATION 00013354 300 PD False Alarm I000052124 02/03/23 CURRENCY EXCHANGE INTERNATIONA 00013360 25 PD False Alarm I000052162 02/10/23 AJIT SANE 00013372 25 PD False Alarm I000052168 02/10/23 MARIELLA TAM 00013377 25 PD False Alarm I000052181 02/10/23 MIRAJ GROUP 00013387 25 PD False Alarm I000052183 02/10/23 ELI RESIDENCE 00013388 25 PD False Alarm I000052184 02/10/23 RAISA WAITE 00013389 300 PD False Alarm I000052294 02/17/23 UNITED RENTALS 00013151 50 PD False Alarm I000052292 02/17/23 RIDECELL INC 00013400 50 PD False Alarm I000052304 02/17/23 CRAWDADDY408 INCORP 00013411 50 PD False Alarm I000052682 03/06/23 OFF 5TH SAKS FIFTH AVE OUTLET 00000980 50 PD False Alarm I000052683 03/06/23 MILPITAS MONTESSORI SCHOOL 00010065 25 PD False Alarm I000052698 03/06/23 HEADWAY TECHNOLOGY 00010439 25 PD False Alarm I000052706 03/06/23 NAUTICA 00010902 25 PD False Alarm
I000052741 03/06/23 ILARA APARTMENTS 00012648 2,750 PD False Alarm I000052750 03/06/23 AT & T MOBILITY 00012720 2,475 PD False Alarm I000052761 03/06/23 SUBWAY SANDWICH 00012956 300 PD False Alarm I000052762 03/06/23 SUBWAY SANDWICH 00012956 550 PD False Alarm I000052774 03/06/23 TESLA ENERY OPERATIONS INC 00013100 50 PD False Alarm I000052777 03/06/23 AREVO INC 00013113 150 PD False Alarm I000052793 03/06/23 LIBERTIS AUTO ELECTRIC 00013167 25 PD False Alarm I000052803 03/06/23 NUTRITION HOUSE RESTAURANT INC 00013206 25 PD False Alarm I000052804 03/06/23 GOLDEN STATE URGENT CARE PROVI 00013208 25 PD False Alarm I000052807 03/06/23 JACKLIN SHELL 00013236 25 PD False Alarm I000052820 03/06/23 DAVID JOHNSON 00013264 300 PD False Alarm I000052824 03/06/23 DISH DASH RESTAURANT INC 00013273 25 PD False Alarm I000052827 03/06/23 NGUYEN & MA DENTAL CORPORATION 00013313 25 PD False Alarm I000052828 03/06/23 TEAZENTEA MILPITAS, INC 00013342 150 PD False Alarm I000052829 03/06/23 VENTURE ENTERPRISE INNOVATION 00013354 275 PD False Alarm I000052831 03/06/23 RAISA WAITE 00013389 275 PD False Alarm I000052906 03/10/23 ILARA APARTMENTS 00012648 825 PD False Alarm I000052926 03/10/23 DISH DASH RESTAURANT INC 00013273 25 PD False Alarm I000052929 03/10/23 RAISA WAITE 00013389 275 PD False Alarm I000052931 03/10/23 GLOBAL VILLAGE MONTESSORI SCHO 00013392 150 PD False Alarm I000053050 03/17/23 JONES LANG LASALLE AMERICAS IN 00013048 25 PD False Alarm FY 2023-2024 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2023

INVOICE # DATE CUSTOMER NAME

CUSTOMER ID

NUMBER AMOUNT DESCRIPTION
FY 2023-2024 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2023
I000053058 03/17/23 CRST SPECIALIZED 00013188 275 PD False Alarm I000053063 03/17/23 CISCO 00013251 25 PD False Alarm
I000053065 03/17/23 MILPITAS CHARITY BINGO 00013259 550 PD False Alarm I000053082 03/24/23 UNION BANK OF CALIFORNIA 00011165 26 PD False Alarm I000053084 03/24/23 AESTHETIC DENTAL 00012296 156 PD False Alarm I000053088 03/24/23 HABITAT FOR HUMANITY SILICON V 00012533 52 PD False Alarm I000053089 03/24/23 ILARA APARTMENTS 00012648 26 PD False Alarm I000053097 03/24/23 SUBWAY SANDWICH 00012956 26 PD False Alarm I000053106 03/24/23 MILPITAS CHARITY BINGO 00013259 156 PD False Alarm I000053107 03/24/23 VENTURE ENTERPRISE INNOVATION 00013354 26 PD False Alarm I000053109 03/24/23 SUN RUN 00013397 26 PD False Alarm
I000053110 03/24/23 CRAWDADDY408 INCORP 00013411 26 PD False Alarm I000053301 04/21/23 ADIDA BENKAT 00013438 25 PD False Alarm I000053304 04/21/23 AESTHETIC DENTAL 00013441 300 PD False Alarm I000053307 04/21/23 ALFRED DOMINGUEZ 00013444 25 PD False Alarm I000053309 04/21/23 ALSAN MARKETING LLC 00013446 325 PD False Alarm I000053310 04/21/23 AMANDA BATA 00013447 25 PD False Alarm I000053314 04/21/23 AMRENDRA KUMAR 00013451 25 PD False Alarm I000053321 04/21/23 APT LI-XIANG RESTAURANT 00013456 25 PD False Alarm I000053331 04/21/23 BAO HOUSE 00013466 25 PD False Alarm I000053333 04/21/23 BARBARA RAMIREZ 00013468 25 PD False Alarm I000053344 04/21/23 BOWLERO MILPITAS 00013479 25 PD False Alarm I000053346 04/21/23 BRAMANDIA RAMADHANA 00013481 50 PD False Alarm I000053348 04/21/23 BRUWETTA FAMILIES INC 00013483 25 PD False Alarm I000053349 04/21/23 BUREAU VERITAS CONSUMER PRODUC 00013484 50 PD False Alarm I000053350 04/21/23 BUREAU VERITAS CONSUMER PRODUC 00013484 25 PD False Alarm I000053359 04/21/23 CELSIUS 00013493 25 PD False Alarm
I000053389 04/21/23 DESIGNER FRAGRANCES & COSMETIC 00013520 25 PD False Alarm I000053390 04/21/23 DIEUCHAU NGUYEN 00013521 25 PD False Alarm I000053403 04/21/23 ELIZABETH QUINTERO 00013534 25 PD False Alarm I000053405 04/21/23 ENRICO CARBONELL 00013536 25 PD False Alarm I000053406 04/21/23 ENTERPRISE RENT-A-CAR 00013537 50 PD False Alarm I000053424 04/28/23 GEOLINKS CALIFORNIA INTERNET 00013549 50 PD False Alarm I000053438 04/28/23 HARJOT KHALSA 00013563 50 PD False Alarm I000053439 04/28/23 HAUTE ROCK CREATIVE 00013564 150 PD False Alarm I000053440 04/28/23 HH THE AGAKHAN SHIA IMAMIISMAI 00013565 50 PD False Alarm I000053495 04/28/23 KEVIN MARBERRY 00013619 50 PD False Alarm I000053509 04/28/23 LETICIA FERGUSON 00013632 25 PD False Alarm I000053533 05/05/23 WHEELWORKS 00000914 150 PD False Alarm I000053540 05/05/23 MARY URISTA 00013647 150 PD False Alarm I000053550 05/05/23 MILPITAS DIALYSIS 00013656 50 PD False Alarm I000053563 05/05/23 NEAL TANICALA 00013669 50 PD False Alarm I000053566 05/05/23 NEW TUNG KEE NOODLE HOUSE #2 00013672 50 PD False Alarm I000053569 05/05/23 NGOC HOANG 00013675 25 PD False Alarm I000053574 05/05/23 NICHOLS MANUFACTURING INC 00013679 150 PD False Alarm I000053582 05/05/23 OPSARA 00013687 25 PD False Alarm
I000053585 05/05/23 PAUL LUKINS 00013690 25 PD False Alarm I000053591 05/05/23 PG CACTUS MILPITAS LLC 00013696 150 PD False Alarm I000053606 05/05/23 RAYMOND WU 00013711 25 PD False Alarm I000053607 05/05/23 READY PRESCHOOL INC 00013712 25 PD False Alarm I000053614 05/05/23 RICHARD AYALA 00013718 25 PD False Alarm I000053616 05/05/23 ROBERT KEESECKER 00013720 25 PD False Alarm I000053617 05/05/23 ROBERT REHRIG 00013721 25 PD False Alarm I000053618 05/05/23 ROCELLE MALIKSI RN DDS 00013722 50 PD False Alarm I000053633 05/05/23 SANGO COURT APARTMENTS 00013736 150 PD False Alarm I000053635 05/05/23 SAROJ SINGH 00013738 550 PD False Alarm I000053638 05/05/23 SERRA PROPERTY 00013741 50 PD False Alarm I000053652 05/05/23 SILICON VALLEY FORCE INTEGRATI 00013753 275 PD False Alarm I000053651 05/05/23 SILICON VALLEY FORCE INTEGRATI 00013753 300 PD False Alarm

INVOICE # DATE CUSTOMER NAME

CUSTOMER ID

NUMBER AMOUNT DESCRIPTION
FY 2023-2024 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2023
I000053655 05/05/23 SMART & FINAL STORES LLC 00013756 25 PD False Alarm I000053656 05/05/23 SPAREX 00013757 150 PD False Alarm
I000053670 05/05/23 SUPER MICRO COMPUTER 00013771 150 PD False Alarm I000053673 05/05/23 TEDDY LINE E2V INC 00013774 25 PD False Alarm I000053680 05/05/23 THE RICE HOUSE LLC 00013780 25 PD False Alarm I000053685 05/05/23 THREE WAY LOGISTICS INC 00013785 25 PD False Alarm I000053691 05/05/23 TOAN LUONG 00013791 25 PD False Alarm I000053700 05/05/23 VG ASSOCIATES LLC 00013800 25 PD False Alarm I000053742 05/12/23 PARIS BAGUETTE 00013132 150 PD False Alarm I000053810 05/12/23 AMANDA BATA 00013447 25 PD False Alarm I000053746 05/12/23 BESTEK MANUFACTURING INC 00013475 25 PD False Alarm I000053750 05/12/23 JSJ MILPITAS INC 00013604 25 PD False Alarm I000053753 05/12/23 LEGOLAND DISCOVERY CENTER SAN 00013630 25 PD False Alarm I000053755 05/12/23 MCCARTHY DENTAL SPA 00013650 275 PD False Alarm I000053757 05/12/23 NEW TUNG KEE NOODLE HOUSE #2 00013672 100 PD False Alarm I000053825 05/12/23 RAYMOND WU 00013711 25 PD False Alarm I000053759 05/12/23 SAROJ SINGH 00013738 275 PD False Alarm I000053760 05/12/23 SERRA PROPERTY 00013741 100 PD False Alarm I000053832 05/12/23 SUPER MICRO COMPUTER 00013771 150 PD False Alarm I000053833 05/12/23 THE BEST SANDWICHES 00013779 275 PD False Alarm I000053834 05/12/23 THE RICE HOUSE LLC 00013780 100 PD False Alarm I000053765 05/12/23 THE RICE HOUSE LLC 00013780 25 PD False Alarm I000053773 05/12/23 BARETTA FAMILY LLC 00013832 25 PD False Alarm I000053774 05/12/23 CALAYAN SKINCARE AESTHETICS 00013833 25 PD False Alarm I000053776 05/12/23 CHEUNG HING RESTAURANT 00013835 25 PD False Alarm I000053782 05/12/23 IMRAN AKTHER 00013841 25 PD False Alarm I000053787 05/12/23 MCCARTHY MEDICAL CENTER INC 00013846 25 PD False Alarm I000053795 05/12/23 SHRAVAN PANYAM 00013854 25 PD False Alarm I000053798 05/12/23 SUBRAMANYA RESIDENCE 00013857 25 PD False Alarm I000053856 05/12/23 PEARSON PROFESSIONAL CENTER 00013888 25 PD False Alarm I000053863 05/12/23 SECURESPACE SELF STORAGE MILPI 00013895 150 PD False Alarm I000053869 05/12/23 T-MOBILE WEST LLC 00013901 25 PD False Alarm I000053872 05/12/23 UNITED COMFORT SOLUTIONS 00013904 25 PD False Alarm I000053873 05/12/23 VIA DEL ORO PARTNERS LLC 00013905 25 PD False Alarm I000054201 05/19/23 ROSS STORE INC 00011096 26 PD False Alarm I000054160 05/19/23 AESTHETIC DENTAL 00012296 156 PD False Alarm I000054161 05/19/23 AESTHETIC DENTAL 00012296 286 PD False Alarm I000054157 05/19/23 200 SERRA WAY LLC 00012708 26 PD False Alarm I000054210 05/19/23 TESLA ENERY OPERATIONS INC 00013100 26 PD False Alarm I000054209 05/19/23 SURESITE CONSULTING GROUP LLC 00013163 26 PD False Alarm I000054204 05/19/23 SERVICE KING COLLISION REPAIR 00013169 156 PD False Alarm I000054091 05/19/23 EXTRA SPACE MANAGEMENT INC 00013546 26 PD False Alarm I000054188 05/19/23 MARY URISTA 00013647 26 PD False Alarm I000054103 05/19/23 MILPITAS DIALYSIS 00013656 52 PD False Alarm I000054105 05/19/23 OPSARA 00013687 26 PD False Alarm
I000054202 05/19/23 SAROJ SINGH 00013738 26 PD False Alarm I000054213 05/19/23 THE SANDWICH SPOT 00013781 26 PD False Alarm I000054111 05/19/23 THE SHERWIN WILLIAMS COMPANY 00013782 52 PD False Alarm I000054121 05/19/23 UNITED COMFORT SOLUTIONS 00013904 26 PD False Alarm I000054123 05/19/23 ALSON MARKETING LLC 00013915 26 PD False Alarm I000054133 05/19/23 HIGH CONNECTION DENSITY 00013925 26 PD False Alarm I000054136 05/19/23 LIEN NGUYEN 00013928 26 PD False Alarm I000054145 05/19/23 PRAGNESH MEHTA 00013937 26 PD False Alarm I000054155 05/19/23 TOLL WEST COAST LLC 00013947 26 PD False Alarm I000054229 05/19/23 EDWARD ONG 00013956 26 PD False Alarm I000054233 05/19/23 GOODWILL INDUST OF SC COUNTY 00013960 26 PD False Alarm I000054249 05/19/23 TASTE GOOD BEIJING CUISINE 00013976 52 PD False Alarm I000054364 06/02/23 KENTUCKY FRIED CHICKEN 00000475 26 PD False Alarm I000054372 06/02/23 CERANO APARTMENTS 00012416 26 PD False Alarm

INVOICE # DATE CUSTOMER NAME

CUSTOMER ID

NUMBER AMOUNT DESCRIPTION
FY 2023-2024 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2023
I000054374 06/02/23 ILARA APARTMENTS 00012648 26 PD False Alarm I000054382 06/02/23 SURESITE CONSULTING GROUP LLC 00013163 26 PD False Alarm I000054389 06/02/23 RIDECELL INC 00013400 26 PD False Alarm I000054393 06/02/23 JANICE BRADLEY 00013582 26 PD False Alarm I000054394 06/02/23 JSJ MILPITAS INC 00013604 26 PD False Alarm I000054413 06/02/23 T-MOBILE WEST LLC 00013901 26 PD False Alarm I000054433 06/02/23 HAUTE ROCK CREATIVE MERCH REVO 00013999 26 PD False Alarm I000054441 06/02/23 MILPITAS CHARITY BINGO INC 00014007 156 PD False Alarm I000054470 06/02/23 VENTURE ENTERPRISE INNOVATION 00014034 130 PD False Alarm PD False Alarm $ 19,611
I000051209 07/21/22 HOME DEPOT #1041 00010714 16 Shopping Cart Retrieval I000051214 07/21/22 HOME DEPOT #1041 00010714 32 Shopping Cart Retrieval I000051222 07/21/22 BEVERAGES AND MORE 00011077 80 Shopping Cart Retrieval I000051464 09/01/22 HOME DEPOT #1041 00010714 44 Shopping Cart Retrieval I000051728 11/11/22 HOME DEPOT #1041 00010714 32 Shopping Cart Retrieval I000051841 12/09/22 HOME DEPOT #1041 00010714 32 Shopping Cart Retrieval I000053123 03/31/23 HOME DEPOT #1041 00010714 32 Shopping Cart Retrieval Shopping Cart Retrieval $ 268
OVERALL TOTAL $ 33,402

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve a Milpitas Housing Authority Agreement with Bay Area Builders, Inc. dba BAB Commercial for Property Management Services (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046)
Category: Consent Calendar-Community Development
Meeting Date: 6/11/2024
Recommendation: Approve a Milpitas Housing Authority Agreement with Bay Area Builders, Inc. DBA BAB Commercial for property management services in an amount not to exceed $50,000 and authorize the City Manager to execute the agreement.

BACKGROUND:

The Milpitas Housing Authority owns commercial property commonly known as 1432-1446 S. Main Street (Parcel 1). The property contains seven commercial units and one residential apartment that has been occupied by the former property manager who completed his property management services on May 31, 2024.

The tenant mix is automotive storage/service/repair, cat boarding, private storage, a food pantry, and a residence. Two units are vacant. The agreement before the Milpitas Housing Authority Commission is a oneyear term contract, with an option to renew for a second-year term, with Bay Area Builders, Inc., doing business as BAB Commercial, to provide property management services for Parcel 1.

In 2011, when the former Milpitas Redevelopment Agency purchased Parcel 1 for purposes of building affordable housing, staff had requested the prior property owner to serve as property manager for the existing businesses and one apartment to allow for a seamless transition in ownership. The property manager also resides in the residential unit and leases one of the Parcel 1 units. A property management firm, Callahan Property Company, was retained in 2012 for two City-owned parcels adjacent to Parcel 1. In early 2023, Callahan Property Company, informed staff that it would no longer provide property management services. As the residential tenant located on Parcel 1 was also the property manager, and there was not much time to act, the Parcel 1 property manager agreed to manage the two adjacent City-owned parcels as well 1452-1466 South Main Street (Parcel 2, and 1474-1488 South Main Street (Parcel 3).

Several of the tenants have been late with rent payments on both City- and Housing- Authority owned parcels. In the fall of 2023, the property manager informed staff he could no longer manage Parcels 2 and 3 but did not provide a 30-day written notice. Staff began the search to identify local commercial property management firms interested in managing all three Parcels. Staff concluded a professional commercial property management firm is in the best interest for these key reasons: (1) experience enforcing lease terms such as collecting current and arrears rent; (2) ability to market the vacant storefronts and screen qualified applicants should the City or Housing Authority opt to lease the vacant spaces; (3) ensure tenant compliance with the use of the City and Housing parcels; and (4) brings decades of experience, industry knowledge, and resources to efficiently manage the parcels. BAB Commercial is the property manager for Parcels 2 and 3 as of June 1, 2024.

ANALYSIS:

On January 24, 2024, the Housing Authority and the City issued a request for quote (RFQ) for a professional commercial property management firm to manage the tenants on Parcels 1-3. The RFQ requested a commercial property management firm with experience in debt collection, tenant and landlord regulations, and overall knowledge and experience with commercial leases, insurance, common area maintenance, and

building codes to assist the Housing Authority. The RFQ was publicly noticed in accordance with the City Municipal Code and shared with hundreds of firms who signed up to receive opportunities to partner with the City and Housing Authority, advertised on the City’s website. Also, email notifications were sent to eight local commercial property management firms on January 24, 2024. A mandatory bid walk was held on February 5, 2024, which was essential to successfully participate in the RFQ procurement. One firm, BAB Commercial attended the bid walk. On the February 14, 2024 RFQ response deadline, the City and Housing Authority received one quote from a commercial property management firm, Bay Area Builders, Inc., doing business as BAB Commercial.

Staff is recommending BAB Commercial, a full-service commercial property management firm. Based in Santa Clara, the firm has in-house services, including facilities maintenance, engineering, construction, leasing, and accounting software to develop high-level financial reporting. BAB Commercial is familiar with Milpitas, and currently provides property management services for Milpitas Square, a retail and restaurant outdoor shopping center on Barber Lane in Milpitas, where 99 Ranch Market is the anchor tenant.

The proposed terms for property management services on Parcel 1 are as follows:

Agreement Amount: $50,000
Duration: One-year with option to renew for second year term Scope: Task 1: Flat fee of $1,520 per month ($18,240 flat fee in year 1) or greater of 4% of collected gross rent for property management and accounting fee. $380 one-time transition fee for property onboarding and setup.

Task 2: $13,140 optional task for new leases, construction and capital management, and lease renewals if authorized by the Housing Authority.

POLICY ALTERNATIVES
Alternative 1: Reject Bay Area Builders, Inc.’s bid and reissue a request for quote to solicit new bids.

Pros: The Housing Authority may determine if another firm can provide a lower quote.

Cons: The Housing Authority will delay the property management services required on Parcel 1.

Reasons for Not Recommending: As stated above, the RFQ resulted in only one bid proposal. Some property managers have declined submitting a bid stating that their fees would be half the current rent rolls. Another stated they do not have significant amount of time required to clean up the properties.

Fiscal Impact:

The fiscal impact is not to exceed $50,000 with the Housing Authority Fund.

California Environmental Quality Act:

The action does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.

RECOMMENDATION:

Approve Milpitas Housing Authority Agreement with Bay Area Builders, Inc. dba BAB Commercial in an amount not to exceed $50,000 and authorize the City Manager to act as Executive Director in the execution of the agreement.

ATTACHMENT(S):

Professional Services Agreements between the Milpitas Housing Authority and Bay Area Builders, Inc. doing business as BAB Commercial

1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE

MILPITAS HOUSING AUTHORITY AND BAY AREA

BUILDERS INC DOING BUSINESS AS BAB

COMMERCIAL
CONTRACT NO. 24-061 HA
This Agreement is made and entered into as of , (“Effective Date”) by and between the Milpitas Housing Authority (“MHA”) , a public body corporate and politic and operating under the laws of the State of California, with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 and Bay Area Builders, Inc. doing business as BAB Commercial, a California corporation with its principal place of business at 3360 De La Cruz Blvd., Santa Clara, CA 95054 (hereinafter referred to as “Agent”). MHA and Agent are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. Housing Authority is a public body corporate and politic, and is in need of property management services for the Housing Authority’s real properties, hereinafter known as “Property”, which is described as follows:
1432-1446 South Main Street (APN 083-41-001), hereinafter referred to as “Parcel 1” B. Agent is duly licensed and has the necessary qualifications to provide such services.

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Agent shall provide the City with the services described in the Scope of Services attached hereto as Exhibit A

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit B.
b. In no event shall the total amount paid for services rendered by Agent under this Agreement exceed the sum of Fifty Thousand Dollars and Zero Cents ($50,000.00).

TASK 1: Monthly property management and accounting fee: The greater of 4% of collected gross income or a flat-fee of $1,520.00. Two-year (twenty-four months) property management services total estimated at a minimum of $36,480.00. Gross income includes, but is not limited to, the collection of monthly rents, common area maintenance (CAM) estimates and reconciliations which are calculated annually, late rent penalties, etc.

2 One-time initial transition fee: $380.00 for property onboarding and set-up. The one-time transition fee will be paid 30-days after the execution of this agreement.

TASK 2: Optional leasing, capital improvements management, lease amendments fees: up to $13,140.00 for leasing storefront spaces, conducting lease amendments, and providing project management for capital improvements if requested in writing by the Housing Authority prior to work commencement. The fee schedule for specific tasks is itemized in Exhibit B.

3. Additional Work.
[Reserved]

4. Maintenance of Records.

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

5. Term.

The term of this Agreement shall be from the Date first written above for a one year term with an option to renew for a second year term at the expiration of this Agreement and month-to-month thereafter until the total agreement amount is expended and/or the agreement is amended with approved additional funds, unless earlier terminated as provided herein. The MHA reserves the right to review the Agent’s performance at the end of each year and cancel all or part of the Agreement.

Agent shall perform its services in a prompt and timely manner and shall commence performance upon the Effective Date.

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

7. Compliance with Law.
a. Agent shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Agent shall assist the MHA, as requested, in obtaining and maintaining all permits required of Agent by federal, state and local regulatory agencies.

Agent

8. Standard of Care

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

9. Assignment and Subagent
Agent shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the MHA, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Agent from employing independent associates, and subcontractors as Agent may deem appropriate to assist in the performance of services hereunder.

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

11. Insurance.

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

12. Indemnification.
a. To the fullest extent permitted by law, Agent shall defend (with counsel of MHA’s choosing), indemnify and hold the MHA, their officials, officers, employees, volunteers, and agentsfree and harmlessfrom any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Agent, its officials, officers, employees, subcontractors, Agents or agents in connection with the performance of the Agent’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Agent’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Agent, the MHA, its officials, officers, employees, agents, or volunteers.
b. If Agent’s obligation to defend, indemnify, and/or hold harmless arises out of Agent’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Agent’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Agent, and, upon Agent obtaining a final adjudication by a court of competent jurisdiction, Agent’s liability for such claim, including the cost to defend,shall not exceed the Agent’s proportionate percentage of fault.

13. California Labor Code Requirements.

4 a. Agent is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Agent agrees to fully comply with such Prevailing Wage Laws. Agent shall defend, indemnify and hold the MHA, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Agent and allsubagentsto comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Agent and all subagents performing such services must be registered with the Department of Industrial Relations. Agent shall maintain registration for the duration of the Project and require the same of any subagents, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Agent’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Agent or any subcontractor that affect Agent’s Agent performance of services, including any delay,shall be Agent’ssole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Agent caused delay and shall not be compensable by the MHA. Agent Ashall defend, indemnify and hold the MHA, itsofficials, officers, employees and agentsfree and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Agent or any subcontractor.

14. Verification of Employment Eligibility.

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

15. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.

16. Termination or Abandonment
a. MHA has the right to terminate or abandon any portion or all of the work under

5 this Agreement by giving thirty (30) calendar days written notice to Agent. In such event, MHA shall be immediately given title and possession to all accounting records, monthly and annual written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. MHA shall pay Agent the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by MHA and Agent of the portion of such task completed but not paid prior to said termination. MHA shall not be liable for any costs other than the charges or portions thereof which are specified herein. Agent shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
a. Agent may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Agent. b. The Agent understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas Housing Authority. The Agreement may terminate without penalty, liability or expense of any kind to the MHA at the end of Agreement term. The MHA has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other contracts. MHA budget decisions are subject to the discretion of the Chair and Housing Authority Commission. Agent’s assumption of risk of possible non-appropriation is a part of the consideration for the Agreement. This section controls against any and all other provisions of the Agreement.

17. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, accounting, monthly and annual reports, and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the MHA.

18. Organization
Agent shall assign Marissa Borgman as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the MHA.

19. Limitation of Agreement.

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

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

CITY:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Economic Development Director
AGENT:

Bay Area Builders, Inc. dba BAB Commercial
3360 De La Cruz Boulevard
Santa Clara, CA 95054
Attn: Marissa Borgman

6 and shall be effective upon receipt thereof.

21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the MHA and the Agent.

22. Equal Opportunity Employment.

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

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

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

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

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

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

28. MHA’s Right to Employ Other Agents
MHA reserves its right to employ other firms, including pest control, landscaping, and building and property maintenance companies n connection with this Project or other projects.

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

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

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

EXECUTING THIS AGREEMENT THAT AGENT OR ITS SUBAGENTS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. AGENT FURTHER AFFIRMS THAT IT OR ITS

SUBAGENT(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT, DECISION OR ORDER, OR,

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

AFFIRMS THAT IT OR ITS SUBAGENT(S) IS CURRENTLY SATISFYING SAID JUDGMENT,

DECISION OR ORDER THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY THE

APPLICABLE COURT/GOVERNMENT AGENCY AND THAT AGENT OR ITS SUBAGENT(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT. c. If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Agent or a subagent it employs to perform work under this Agreement has violated any applicable wage and hour law, or Agent learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Agent shall inform the MHA no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Agent or its subagent(s) shall, within thirty (30) calendar days after notifying the MHA, either (i) fully satisfy any such judgment, decision, or order and provide the MHA with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the MHA documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Agent or its subagent is subject to a payment or other alternative plan, the Agent or its subagent shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied. d. For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the MHA, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

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

9 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE MILPITAS HOUSING AUTHORITY

AND BAY AREA BUILDERS INC DOING

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

CITY OF MILPITAS
Approved By:

Ned Thomas, City Manager
Date
Approved As To Form:

Michael Mutalipassi, City Attorney
Approved:

Luz Cofresi-Howe,
Finance Director/Risk Manager

Approved As To Content:

Alex Andrade, Economic Development Director

BAY AREA BUILDERS INC, DBA BAB

COMMERCIAL
Signature
Name
Title
Date

10 EXHIBIT A
Scope of Services
Agent will provide full service property management: service contract management, property maintenance and repairs, lease abstracting, accounts payable, accounts receivable, tenant liaison, tenant financial review, rent collection, evictions, preparing monthly and annual financial reporting, annual budgeting, CAM estimate and reconciliations, capital improvement planning, tenant improvement oversight, vendor communication, collaboration with the legal as needed, property inspections, disaster prevention, ensure compliance with lease terms and local city ordinances, sub-meter readings, ownership meeting as requested, and assisting with leasing team as needed.

TASK 1: Property Management Services
Tenant Relations and Rents

1. Tenant liaison - serve as the primary point of contact for tenants regarding their lease agreements and other related inquiries, respond to tenant complaints, inquiries, and requests in a timely manner, and monitor tenant compliance with all lease terms and negotiations.

2. Collect rent, outstanding debt and submit to the Authority’s Finance Department

3. Create a repayment plan for tenants in arrears. If tenants do not pay within the Housing Authority’s agreed timeframe, advise the Housing Authority on next steps

4. Ensure that existing tenants are not subletting any or all of their leased space without written consent from the Housing Authority

5. Ensure commercial tenants are not using the premise for residential use

6. Work with existing tenants to move their personal items out of the vacant spaces and surface lot that are not part of their lease agreements

7. Work with tenants and Housing Authority to identify and remove abandoned vehicles

8. Carry out monthly inspections and more if deemed necessary around the tenant spaces and the property itself to ensure tenants comply with agreed upkeep of the property and lease agreement

9. Respond timely and courteously to problems and requests of tenants

10. Organize tenant move-in, move-out, and eviction when necessary

11. Change locks for the vacant storefronts and gate
Lease Agreements and Common Area Maintenance (CAM)

12. Provide advice on the preparation of new and amended lease agreements

13. Obtain certificate of insurance per requirements in the lease and track renewals as needed

14. Provide advice on method for tenants to pay prorata share of water and garbage for consideration to incorporate into the leases

15. Provide advice on the type of maintenance and CAM charges to upkeep the common areas for consideration into the lease agreements
Maintenance

16. Create and supervise maintenance schedules and repairs

17. If applicable, insure independent contractor license status and insurance coverage.

11 18. Prepare work orders for maintenance staff and vendors

19. Recommend alterations and improvements
Reports

20. Set up and maintain proper records, provide monthly reports to the Housing Authority by the 15th of each month, and submit detailed annual statements to the Housing Authority that cover all operations:
income statement, rent roll, monthly summery of activity, and maintenance log.

TASK 2: Optional if Requested by the Housing Authority: Leasing Vacant Spaces

1. Determine if vacant spaces can be leased by evaluating cost for building improvements and market rental rates

2. Administer tenant occupancy and provide new tenant with introductory letters as regards to maintenance request and rent collection procedures

3. Qualify and investigate a prospective tenant’s credit.

4. Other assignments listed in Exhibit B, tasks 2A through 2C. [Current Rent Roles on Following Page]

Table 1: Parcel #1 Property Information and Rent Rolls
Parcel 1
Owner Milpitas Housing Authority
Address 1432-1446 S. Main St.

Acres 1.06 acres
APN 083-41-001
Lease terms All tenants are currently month-to-month since leases have lasped City pays water, garbage, possessory interest tax
Rent Collection
Start Date 2011
Business Name Abbott Auto Vacant Cat Nest M & B Disruptive Rides Milpitas Vacant Resident Apt.

Service Boarding Plumbing Food Pantry former resident living above Business Type Auto repair cat hotel plumbing storage auto restoration food pantry locksmith the former locksmith Address 1432 S. Main St. 1434 S. Main St. 1436 S. Main St. 1438A S. Main St. 1438B S. Main St. 1440 S. Main St. 1444 S. Main St. 1446 S. Main St.

Unit Sqft 3,000 1,600 3,104 3,000
Monthly Rent $2,884 $1,324 $900 $850 $1,600; $1 (2) $750; $175(3) Deposit $5,600 $1,200 $600 $600 $1,000 $500
(1) Effective March 2015, Food Pantry rent reduced to $1 per month (2) rent reduced to $175/mo starting 4/1/23 because resident was hired as the property manager to replace former property mgr to manage parcel 2 and 3. Instead of paying him management fee, rent reduction is used.

As of December 18, 2023

12 38077.00180\29167975.12 C2

EXHIBIT B
Schedule of Charges/Payments
Agent will invoice Milpitas Housing Authority on a monthly cycle. Agent will include with each invoice a detailed monthly report Agent will inform Milpitas Housing Authority regarding any out-of-scope work being performed by Agent. Payments to Agent for property management services for Task 1 will be made on a monthly billing basis or deducted from the tenants’ gross income. The Finance Director or his/her designee will make the determination.

In no event shall the total amount paid for services rendered by Agent under this Agreement exceed the sum of Fifty Thousand Dollars and Zero Cents ($50,000.00).

Rate: TASK 1 Monthly Management & Accounting Fee:
• Greater of 4% collected Gross Income or flat-fee of $1,520.00 per month. The 4% of monthly gross rents is currently less than $1,520.00; therefore, the monthly property management fee is $1,520.00. When and if the monthly gross income collected exceeds $38,000 ($1,520 divided by 4%), the management fees will revert to 4% of gross rent. Gross income includes, but is not limited to, the collection of monthly rents, common area maintenance (CAM) estimates and reconciliations which are calculated annually, and late rent penalties. Gross income does not include any contribution for shared utilities. .

TASK 2A Optional Construction & Capital Project Management Fee: *if requested in writing by the Housing Authority
• Up to $150,000 5%
• $150,000 - $300,000 4%
• $300,000 - $450,000 3%
• $450,000 & above 2%
Leasing: TASK 2B Optional New Leases: *if requested in writing by Housing Authority • Year 1 6%
• Year 2 5%
• Year 3 5%
• Year 4 4%
• Year 5+ 3%
TASK 2C Optional Lease Renewals: *if requested in writing by Housing Authority • $1,500 flat-rate per Agreement/Amendment/Addendum
Transition: One-time transition fee of $380.00 for property onboarding and set-up.

13 38077.00180\29167975.12 C2

EXHIBIT C
Activity Schedule
[RESERVED]

14 38077.00180\29167975.12 C2

EXHIBIT D

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

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

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

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

Commercial General Liability (CGL):

Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. _X Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

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

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

15 38077.00180\29167975.12 C2
Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor or Agent, regardless of where the vehicles are kept or driven.

Professional Liability (Errors and Omissions):
_X Insurance appropriates to the Contractor or Agent’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate. (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.

Insurance appropriates to the Contractor or Agent’s profession, with limit no less than per occurrence or claim, aggregate
Workers’ Compensation Insurance:
_X Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor or Agent provides written verification it has no employees) The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Builder’s Risk (Course of Construction):

Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the Milpitas Housing Authority, an Installation Floater may be acceptable.

For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Milpitas Housing Authority’s site.

Contractor’s or Agent’s Pollution Legal Liability:

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

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

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

16 38077.00180\29167975.12 C2
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor or Agent in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.

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

Surety Bonds:

Contractor shall provide the following Surety Bonds:

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

Other Insurance Provisions:

The insurance policies are to contain, or be endorsed to contain the following provisions:
_X Additional Insured Status and Primary/Non-Contributory Language:

Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the Milpitas Housing Authority and its elected and appointed officials, officers, attorneys, agents employees and volunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy.

For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.

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

Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)
Contractor or Agent may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Milpitas Housing Authority as a loss payee as their interest may appear.
_X Notice of Cancellation, Suspension or Otherwise Voiding Policies:

Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be

17 38077.00180\29167975.12 C2
suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the Economic Development Director. _X Waiver of Subrogation:

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

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

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS
Deductibles and Self-Insured Retentions (“SIR”):

Any deductibles orself-insured retentions must be declared to and approved by Milpitas Housing Authority.

The Milpitas Housing Authority y may require the Contractor or Agent to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the Milpitas Housing Authority, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Milpitas Housing Authority, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Agent shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

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

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

Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to Milpitas Housing Authority.

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

18 38077.00180\29167975.12 C2

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

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

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

4. A copy of the claims reporting requirements must be submitted to the Milpitas Housing Authority for review.

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

Subcontractors:

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

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

Verification of Coverage:

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

Special Risks or Circumstances
Milpitas Housing Authority reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

19 38077.00180\29167975.12 C2
Failure to Comply:

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

Applicability of Coverage:

Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Agent’sinsurance shall apply separately to each insured against whomclaimismade orsuit is brought, except with respect to the limits of the insurer's liability.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff Through the Council-Approved Prioritization Process (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) Category: Leadership and Support Services
Meeting Date: 6/11/2024
Recommendation: (1) Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced; and (2) Provide additional input to staff, if any, on Group 1 items that received Council direction to advance.

BACKGROUND:

At City Council meetings, under the Announcements section, City Councilmembers may request items for the full Council to consider. These items are placed on a list for a future City Council discussion and action. On January 19, 2021, at a Special City Council meeting, Council provided direction to staff to streamline the process by presenting individual Council agenda item requests for prioritization to City Council on a quarterly basis.

On January 10, 2023, City Council approved a City Council Request Prioritization Policy which guides the prioritization process. As part of the January 10, 2023 approval, language was included in this Policy to remove items recommended by prior members of the City Council unless a current City Councilmember chose to sponsor the continuation of those items.

The last prioritization was held on February 20, 2024. Links to prior prioritization reports and minutes are included under Attachments.

ANALYSIS:

Staff is now bringing forward the next prioritization of items requested by Council between February 20, 2024 and May 21, 2024, including the status on items previously approved by Council.

As shown in Attachment 1, a total of 39 items, some which were discussed during the prior prioritization discussion, have been grouped into four categories differentiated by level of effort and status of the agenda request as outlined below:

Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources (12 items).

Group 2 – Items that have not been initiated but will require less than 4 hours of staff work (2 items).

Group 3 – Items that are currently underway and/or already included in workplan (19 items).

Group 4 – Items that have been completed, postponed indefinitely, or withdrawn (6 items).

Prioritization Process
There are a total of 15 new items since February 20, 2024. Of these 15 items, 12 items are in Group 1, 2 items are in Group 2, and 1 item is in Group 4.

Similar to the prior prioritization process, the new Group 1 agenda item requests are detailed in Attachment

2. As these requests have not yet been discussed, staff has attempted to identify alignment with Council priority areas to the extent possible. As part of Attachment 2, staff provided a summary which includes the

lead and supporting departments, estimated resources and cost to complete the work, description of work effort, any actions taken to date, clarification or direction sought from City Council, and other additional considerations including impacts on other workplan items. To the extent possible, staff sought clarification from City Councilmembers sponsoring the request; however, some items may need additional clarification from the requesting Councilmember(s). To facilitate Council prioritization, Group 1 items have been further categorized into three sub-groups: Ordinances and Policies, Projects and Programs, and Miscellaneous.

For the Group 1 items, the total annual costs are estimated as follows:

Potential Ongoing Costs Potential One Time Costs Item
Low Range High Range Low Range High Range
CC01: Revisit solicitation
ordinance TBD TBD $3,000 $10,000
CC02: Strengthening of No
Smoking ordinance TBD TBD $10,000 $10,000
CC03: Tobacco Ordinance
Review $273,000 $273,000 $23,000 $23,000
CC04: Animal Cruelty
Ordinance TBD TBD $10,000 $10,000
CC05: Arts Month:

Recommend an arts month
exhibit for commissioners to
showcase art
$5,500 $5,500 $0 $0
CC06: Veteran Banner
program
$40,000 $40,000 $0 $0
CC07: Community Advisory
Commission: Change focus to
housing
TBD TBD $0 $0
CC08: Explore increasing
stipend for planning
commission
$11,550 $11,550 $0 $0
CC09: Citywide Banner
Program $20,000 $20,000 $0 $0
CC10: Escuela Parkway
Traffic Safety Review $0 $0 $100,000 $150,000
CC11*: Review of a potential
catalytic converter ordinance TBD TBD $5,000 $5,000
CC12*: Accessory Dwelling
Unit Ordinance to Allow
Condominium Conversions
$0 $0 $12,000 $12,000
*Items C11 and C12 will not be proposed to be voted on during the prioritization discussion based on coordination with Vice Mayor Evelyn Chua, who originally referred these items.

Since Group 2 items (see Attachment 1) require less than four hours of staff time, these items can be advanced without requiring a majority vote; however, Council may wish to provide additional input or direction on this item. For Group 3 items, which are underway and/or already included in staff workplans, staff provided an update in Attachment 1. A list of Items completed, postponed indefinitely, or withdrawn, are presented as a separate attachment (Attachment 3).

Voting Process
In accordance with the adopted City Council Prioritization Policy, existing staff workload and the number of Group 1 items, staff proposes the Council prioritize no more than two items. The typical voting process for

prioritization is summarized below.

Round 1
Each member of the Council will be asked to prioritize their top two items from Group 1. Councilmembers will receive hard copies to help them review and complete the preliminary prioritization, and electronic voting will be conducted on mobile devices.

All items receiving three or more votes will move forward. If the number of items receiving three or more votes is two or greater, the prioritization process will be deemed complete. If the number of items is less than two, the remaining items will be prioritized as described in Round 2.

Round 2
If items receiving three or more votes are less than two in number, Councilmembers will be asked to prioritize the remaining items to develop a top two list. Each member of the Council will be given the number of votes equivalent to two minus the number of items prioritized for staff work at the completion of Round 1. For example, if after Round 1, the Council agreed on advancing one item, one additional item will require prioritization. Therefore, each Member of the Council will be asked to vote on one item. Any item receiving three or more votes will be added to the prioritized list. If the total number of items on the list is one or greater, the prioritization process will be deemed complete.

Additional Rounds, if needed
If the total number of prioritized items after Round 2 is less than two, all remaining items which received at least one vote will be prioritized through additional rounds of voting. Items which receive zero votes in a round will be eliminated from the subsequent round of voting.

Please note that any items that do not advance through this multi-step prioritization process will be removed from the active list and would have to be resubmitted through Announcements for the next prioritization discussion, tentatively scheduled for September or October 2024.

Group 4 Items
As discussed above, there are 6 items that have been moved to “Group 4” in this update as they are either completed or no longer prioritized as discussed further below:
• Item 34. Update the Commissioner Handbook to include an option for outgoing commissioners to make presentations to other commissions: This item is complete. The revised Handbook was adopted by City Council on March 19, 2024.
• Item 35. Workshop for retailers focusing on best practices and safety with plans for quarterly sessions:

This item is complete. On March 22, the Police Department held a community forum at the Seasons Market Place (Seafood City) in cooperation with the Santa Clara County District Attorney's Office to discuss crime trends and organized retail theft. This event cost approximately $800 to host and consumed significant Police Department resources and staff time to complete. Future events of this magnitude would require funding. Due to staffing constraints, it is recommended future forums be reduced in size and provided at the request of the business community. When staffing within the Police Department improves, the Police Department will evaluate hosting additional events on a more regular basis.
• Item 36. Explore Ordinance for Residential Home Solicitors: This item was brought forward to the City Council for consideration on April 2, 2024. The City Council determined not to proceed with the ordinance, which completed this item. This item was referred again by Councilmember Barbadillo on April 16, 2024. This line item will be shown as completed; however, the new referral made on April 16, 2024 will be tracked as a separate line item for potential prioritization. • Item 37. Satellite Consulate Office: This item is complete. Economic Development and Recreation and Community Services staff coordinated a service on April 13, 2024 for a Consular Outreach Mission at the Community Center Auditorium.
• Item 38. Discuss converting vacant lot that was a basketball court into a community garden at Vasona and Adobe: As funding for this analysis was not provided in the Fiscal Year 2024-2025 CIP process, staff has deemed this item completed for the time being. It is possible staff can review this location

again in the future for potential improvements.
• Item 39. Recognize March as National Endometriosis Month: This item was completed. March was recognized as National Endometriosis Month at the March 19, 2024 City Council meeting.

POLICY ALTERNATIVE:

Not applicable
FISCAL IMPACT:

For the Group 1 items, the annual ongoing and one-time costs are summarized in the table in the analysis section of this report. Based on Council direction, staff will consider prioritized items that require new funding as part of a future budget process.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

This item is not a Project under CEQA in accordance with CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) as it can be seen with certainty that a general discussion of funding priorities by the City Council will not have a significant effect on the environment. Further, the item is also not a Project pursuant to CEQA Guidelines Section 15378(b)(4) as it is a government fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Although the use of funding will be discussed, any project scope and potential environmental analysis would be speculative at this time, and future environmental analysis will be conducted for the potential projects prior to the City making any commitment or approval of any project.

RECOMMENDATION:

1. Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced; and

2. Provide additional input to staff, if any, on Group 1 items that received Council direction to advance.

ATTACHMENTS:

1. List of Councilmember Agenda Item Requests

2. Information on Group 1 items

3. List of Completed, Postponed Indefinitely, or Withdrawn Items

4. Links to Prior Prioritization Reports and Minutes
• March 16, 2021 Agenda and Minutes
• August 9, 2021 Agenda and Minutes
• January 11, 2022 Agenda and Minutes
• May 3, 2022 Agenda and Minutes
• September 6, 2022 Agenda and Minutes
• February 7, 2023 Agenda and Minutes
• June 20, 2023 Agenda and Minutes
• November 14, 2023 Agenda and Minutes
• February 20, 2024 Agenda and Minutes

Attachement 1
List of Councilmember Agenda Item Requests
No. Topic Requested By
Date
Requested
Requires more than 4 hours of
additional staff time Department / Office Council PriorityArea(s) Status Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources.

Ordinances and Policies
1 Revisit solicitation ordinance Barbadillo 4/16/2024 Maybe, pending clarification Attorney Public Safety See attached writeup Yes 2 Strengthening of No Smoking ordinance Chua 5/7/2024 Yes Attorney Public Safety See attached writeup Yes 3 Tobacco Ordinance Review Chua 5/7/2024 Yes Planning Public Safety See attached writeup Yes 4 Animal Cruelty Ordinance Chua 5/21/2024 Yes Attorney Public Safety See attached writeup Yes Projects and Programs
5 Arts month: wants to recommend that we have an
arts month exhibit for commissioners to showcase
art
Chua 3/5/2024 Yes Recreation &
Community Services
Community
Wellness &
Open Space
See attached writeup Yes
6 Veteran Banner program Chua 3/19/2024 Yes City Manager's Office Community Wellness &
Open Space
See attached writeup Yes
7 Community Advisory Commission: Change focus to
housing
Chua 4/2/2024 No City Manager's Office:

Housing
Neighborhoods
& Housing
See attached writeup Yes
8 Explore increasing stipend for planning commission Barbadillo 4/16/2024 Yes City Manager's Office:

City Clerk
Neighborhoods
& Housing
See attached writeup Yes
9 Citywide Banner Program Chua 5/7/2024 Yes Public Works Economic Development &
Job Growth
See attached writeup Yes
10 Escuela Parkway Traffic Safety Review Montano 5/7/2024 Yes Public Works Transportation & Transit
See attached writeup Yes
Other: These items require more than 4 hours work. However, based on a conversation with the councilmember who referred these items, they are not proposed to be voted on for the 6/11/2024 meeting. 11 Review of a potential catalytic converter ordinance Chua 2/20/2024 Yes Police Public Safety See attached writeup Yes 12 Accessory Dwelling Unit Ordinance to Allow
Condominium Conversions
Chua 3/5/2024 Yes Planning Neighborhoods
& Housing
See attached writeup Yes
Group 2 – items that have not been initiated but will require less than 4 hours of staff time 13 Feasibility Study for Night Market/Food Trucks on
Main Street
Montano 5/7/2024 No City Manager's Office:

Economic Development
Economic
Development &
Job Growth
June 2024 update: As this is aligned with the Office of Economic Development's existing workplan tasks, there is no additional staff time required to implement this analysis.
14 Letter to County regarding horseriding Chua 5/21/2024 No City Manager's Office Community Wellness &
Open Space
June 2024 update: Staff is workign on a letter to the County and expects it to be send by mid June 2024.

Group 3 - Items that are currently underway and/or already included in workplan 15 Affordable Housing Ordinance Review Montano 12/5/2023 Yes City Manager's Office:

Housing
Neighborhoods
& Housing
June 2024 Update: This project was prioritized by the Mayor and City Council in February 2024. Funding for the assessment of the ordinance was approved as part of the Adopted Fiscal Year 2024-2025 Operating Budget.
16 Explore possibility of naming the County library on
Main Street
Phan 1/23/2024 No Recreation &
Community Services
Community
Wellness &
Open Space
June 2024 Update: Staff consulted with Milpitas Library staff that provided the recent example of the Morgan Hill Library, which was renamed in 2021 to incorporate the name of a local official and advocate for library services. Staff will provide an informational report to the City Council regarding the level of work that could be involved in this re-naming for future prioritization consideration.

February 2024 Update: Staff will reach out to the County in February 2024 to determine the process for a potential name change. It is possible that this could turn into a work effort in excess of 4 hours in the future pending the results of this discussion. If it does, staff will bring this item back to council for a discussion regarding prioritization.

Additional funding likely
needed pending further staff
analysis.

Attachement 1
List of Councilmember Agenda Item Requests
17 Request that the Arts Commission explore
alternatives for future of statue in front of City Hall Phan 1/30/2024 No Recreation &
Community Services
Community
Wellness &
Open Space
June 2024 Update: Planned discussion on this topic will occur at September 2024 Arts Commision meeting.

February 2024 Update: During February or March 2024, staff will request that the Arts Commission have a discussion about potential alternatives for the statue in front of City Hall. It is possible that this could turn into a work effort in excess of 4 hours in the future pending the results of this discussion. If it does, staff will bring this item back to council for a discussion regarding prioritization.

Additional funding likely
needed pending further staff
analysis.
18 Charter City Evaluation Phan 9/5/2023 Yes City Manager's Office, City Attorney
Governenace &
Administration
June 2024 Update: Resources to analyze this policy issue are expected to be approved in the Fiscal Year 2024-2025 operating budget. Staff expects to begin work on this item in late 2024.

February 2024 Update: At the January 30, 2024 Operating budget study session consensus was received to allocate funding towards this effort as part of the Fiscal Year 2024-2025 Operating budget. Further work on this item is pending budget allocation.

Additional funding likely
needed pending further staff
analysis.
19 Main Street International Festival Lien 10/3/2023 Yes Recreation & Community Services
Community
Wellness &
Open Space
June 2024 Update: Addressing in the FY24-25 budget through existing Movie Nights series which will be held in Summer 2025.

February 2024 Update: At the January 30, 2024 operating budget study session consensus was received to continue to discuss this item as part of the re-organization of the events calendar that the Recreation & Community Services department is reviewing with the City Council.

November 2023 update: see attached writeup
20 Staff to complete analysis if, working with the
County, it would be beneficial to have a location
where residents can pickup Narcan
Chua 9/5/2023 No Fire Public Safety June 2024 update: Info Memo delivered to CMO and Council on March 19, 2024. Fire EMS Division will continue to track community data relative to OD calls and mirror County Health emergencing trends and best-practices. Additionally, Fire is updating webpage to include information on how members of the community can safely obtain Narcan from the County. Lastly, Fire will obtain Fentanyl safety and awareness brochures that will be handed out during community events along with traditional fire safety information.

February 2024 update: Fire Staff is developing a informational memo for Council that will provide an update on various programs and actions that can be implemented in the community to minimize the impacts of the Opioid Epidemic. Fire anticipates that the information will be ready to share with Council by March 2024.

November 2023 update: Staff will provide an update on this analysis to the Mayor and City Council by the end of 2023.

No. Topic Requested By
Date
Requested
Requires more than 4 hours of
additional staff time Department / Office Council PriorityArea(s) Status Additional Resources/Funding
Needed or Deferral of Council
Approved Programs

Attachement 1
List of Councilmember Agenda Item Requests
21 Recreation & Community Services Depatrment to
Review of potentially returning additional programs
for Bingo and Senior Trips
Chua 11/7/2023 No Recreation &
Community Services
Community
Wellness &
Open Space
June 2024 update: Staff addressing request through regular course of business. Currently, staff are moving forward with applying for their Bingo License, and setting up a survey for new trip ideas from the senior membership. It is estimated that trips will resume in mid Fall of 2024, and Bingo would start in early Winter.

February 2024 Update: Staff is assessing Bingo equipment and will be starting a new Bingo license application in Spring 2024. Staff is assessing alternate ways to provide trips to seniors until and potentially after the new van has been purchased.

November 2023 update:

Bingo: Senior Center Bingo participation had reduced drastically before the pandemic with an average of 20 people per session. Contributing factors could have been the normal loss of participants due to moving away, moving into care homes, and/or the opening of Milpitas Charity Bingo. Staff has heard from some seniors that the buy-in costs at Charity Bingo are too expensive. Recreation program staff is currently investigating the option of renewing the City’s Bingo License and potentially bringing back the program opportunity utilizing volunteers.

Staff will report back to the City Council once this analysis is completed.

Trips: The Senior Center has monthly meetup trips at local destinations.

There is also the “Foodie Club” which is an open club of senior center members that meet once a month at a Milpitas restaurant. The large Senior Center Bus that was previously used to transport Seniors to these destinations is has been de-commissioned as it met the end of it’s useful life. The City has funding for a new van. Once this new van is purchased, staff will resume a hybrid trip program that will both meet up with seniors who can drive and transport seniors who cannot to destinations. Given overall nationwide fleet procurement challenges, it is anticipated that the purchase of this van would take up to 9 months. 22 City Employment Job Fair at City Hall Chua 5/2/2023 No Human Resources Governenace & Administration
June 2024 update: Staff will be hosting a table at the June 14th Summer Concert Event (RCS) that will be generally educational and titled "Career with the City of Milpitas" and will also highlight existing or upcoming recruitments.

February 2024 Update: Staff is partnering with Recreation and Community Services to identify 1-2 existing community events this yearr for HR to host a "Careers with the City of Milpitas" table to share information about open opportunities and education about the mission driven work of our full service City.

November 2023 update: Staff will coordinate with an upcoming community event to staff a table to promote employement opporutnities within the City of Milpitas.

June 2023 update: Staff is evaluating synergies with existing Economic Devlopment activities and endeavors to which recruiting efforts can be incorporated and creates space for multiple events throughout the year increasing overall exposure to local talent.

No. Topic Requested By
Date
Requested
Requires more than 4 hours of
additional staff time Department / Office Council PriorityArea(s) Status Additional Resources/Funding
Needed or Deferral of Council
Approved Programs

Attachement 1
List of Councilmember Agenda Item Requests
23 Look into possibility of Senior citywide discount
from all Milpitas businesses.

Barbadillo 2/7/2023 Yes City Attorney/City
Manager's Office
Community
Wellness &
Open Space
June 2024 update: Staffing and survey resources for the policy work for this item are expected to be approved as part of the Fiscal Year 2024- 2025 Operating budget. Staff expects to return to the City Council with policy options and cost estimates by the end of 2024.

February 2024 update: At the January 30, 2024 Operating budget study session consensus was received to allocate funding towards this effort as part of the Fiscal Year 2024-2025 Operating budget. Further work on this item is pending budget allocation, however staff is in the process of meeting with a survey consultant to receive a firm cost estimate on a potential survey of businesses for this proposal.

November 2023 update: Staff have begun preliminary investigation into alternatives and staff anticipates being able to frame potential options and next steps more thoroughly by early 2024.

June 2023 update: see attached writeup
24 Look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center
Chua 9/20/2022 Yes Recreation &
Community Services
Community
Wellness &
Open Space
June 2024 update: Based on surveys of teens, it appears that the ideal course of action is to have mutliple locations avaialble for their use.

Staff have begun a "Teen Center Everywhere" campaign and have brought teen drop-ins back to the Sports Center which have been successful. Staff will continue to amplify this campaign and monitor usage rates and report back to the City Council in future updates.

February 2024 update: Staff conducted multiple survey outreach efforts resulting in lower than anticipated participation. Initial results are being reviewed and staff will follow up with the City Council on next steps.

November 2023 update: Staff is conducting a Teen Center User Survey with the teens of Milpitas ages 12 - 18. Feedback from this survey is anticipated to be completed by mid November 2023.

June 2023 update: A Teen Center Survey has been released and is currently gathering responses. It is anticipated that data on the use of the center and/or its programs relative to it's proximity to home and/or school, and the type of programming desired will provide the input needed for the resolution to this request.

No. Topic Requested By
Date
Requested
Requires more than 4 hours of
additional staff time Department / Office Council PriorityArea(s) Status Additional Resources/Funding
Needed or Deferral of Council
Approved Programs

Attachement 1
List of Councilmember Agenda Item Requests
25 Look into implementing a workshop for small
businesses on the bidding process for projects in
the city.

Chua 8/9/2022 Yes City Manager's
Office/Economic
Development/Public
Works/Engineering
Economic
Development &
Job Growth
June 2024 update: City staff from Economic Devleopment, City Manager's Office and procurement paritipcated in the Milpitas Small Business expo on April 20, 2024. As a next step, staff is expected to perform data analysis on local business' participation in the City's bidding process. This data analysis is expected to be completed in Fall 2024.

February 2024 Update: Staff will either present or have a booth to share information about the City's bidding process at the Milpitas Small Business Expo on Saturday, April 20, 2024.

November 2023 udpate: Staff presented in August to the Economic Devleopment and Trade Commission. Feedback was received regarding the need for more thorough metrics regarding current local business partipation and goals of the program.

June 2023 update: Staff was scheduled to provide a report to the Economic Development and Trade Commission on June 12, 2023 however that meeting with postoned due to lack of quorum. Staff will present to the Commission at the next avaialble date. Further analysis on options and alternatives to connect more local and local small City of Milpitas businesses to our procurement processes will continue through 2023.
26 Pickleball Pilot Project Chua 2/28/2023 Yes Recreation & Community Services
Community
Wellness &
Open Space
June 2024 update: Staff presented the status of the finalization of the Pickleball Pilot program and potential next steps for permanent court designation at the March 19, 2024. Council provided direction to close Hall Courts at 9pm, install safety fencing between existing tennis and pickleball courts, and install accoustic fencing enhancement. Staff is also assessing traffic concerns in the area. Hall Court open hours were adjusted to close at 9pm on Monday, April 29. Fencing and accoustic enhancements are expected to be completed in summer 2024. Staff will assess any improvements to pickleball sound carrying into the surrounding neighbhorhood, and court experience with the safety fencing.

February 2024 update: A new community survey was conducted from December 2023 through January 2024. A community meeting was held on February 8, 2024 to receive futher input. Staff expects to return to the City Council for a final recommendation on the use of Hall Park Courts for tennis and/or pickleball in March 2024.

November 2023: Staff is currently engaged in a communtiy outreach process to determine the potential uses of the City Council allocated $100,000 to create a permanent pickleball opportunity in Milpitas. Staff anticipates returning to the City Council with a recommendation on this prior to the end of 2023. Recently the tennis community has engaged of the tennis around this project topic, and so staff anticipates returning to City Council with a recommendation after the first of the year.

June 2023 update: The Pickleball Pilot program concludes at the end of July. Due to it's documented success, City Council has provided budget allocations of $100,000 for permanent pickleball courts. Until such time as the court system(s) are in place, pickleball will continue as operating at Hall Park Tennis Courts and Gill Park Handball courts. Additionally, staff will work to phase out Pickleball at the Browne Tennis Courts, based on feedback by City Council at the approval of the Pickleball Pilot Program.

No. Topic Requested By
Date
Requested
Requires more than 4 hours of
additional staff time Department / Office Council PriorityArea(s) Status Additional Resources/Funding
Needed or Deferral of Council
Approved Programs

Attachement 1
List of Councilmember Agenda Item Requests
27 Main Street Infrastructure Projects Montano 2/28/2023 Yes Public Works Transportation & Transit
June 2024 update: Staff was informed in May 2024 that Represenative Ro Khanna has submitted a request to the federal government for the remaining $1.9 million required to complete the first phase of the Main Street lighting project. Staff expects to hear a progress udpate on this funding request by Fall 2024.

February 2024 Update: Staff is still working on determine how to best use and access the $500,000 that was received during the 2023 Federal earmark process. Additionally, staff has listed this as a priority project for 2024 potential State and Federal earmark dollars.

November 2023 update: As part of the 2023 Federal appropriations process, $500,000 of the requested $2.1 million was received for the Main Street lighting project. Staff will work with federal and state represenatives to review options for use of this funding over the next several months (often it takes several months after the budget is passed in order for staff to be able to work with the Federal Agency repsonsible for use of funds received).

Prior update: As part of the 2023 State and Federal appropriations processes, both State Assemblymember Alex Lee and Federal Represenative Ro Khanna have requested funding for Main Street infrastructure improvements. Further information on whether these appropriation requests are apporved will be avaialble in late 2023. 28 Main Street Flooding at Library Chua 2/28/2023 Yes Public Works Environment June 2024 update: New CIP for FY24/25 has been created with $500,000 budgeted for preliminary feasability and some subsequent design work, if needed.

February 2024 update: As part of the proposed Fiscal Year 2024-2025 Budget study session on February 22, 2024, staff will be presenting options to conduct a feasibility study to inform what engineering solutions would be required and to determine order of magnitute costs.

November 2023 update: Staff is reviewing the Technical Memo regarding removal of the weir wall at the Wrigley Ford Pump Station.

Once confirmed there would be no adverse impacts to the pump station/trash rack operations, staff will schedule construction to remove the weir wall.

June 2023 update: Staff will continue to explore short-term mitigation as part of the FY 23/24 CIP program. Funds have been budgeted in FY 23/24 for the possible replacement/removal of the flap gate, should that be determined to be a viable option. Furthermore, three very small CIPs to address existing undersized pipes have been identified in the Downtown Specific Plan area which could improve flow. Those will be investigated as well in FY 23/24.

No. Topic Requested By
Date
Requested
Requires more than 4 hours of
additional staff time Department / Office Council PriorityArea(s) Status Additional Resources/Funding
Needed or Deferral of Council
Approved Programs

Attachement 1
List of Councilmember Agenda Item Requests
29 Evaluate reopening the childcare center with a nonprofit organization running the centerMontano 2/1/2022 Recreation & Community Services
Community
Wellness &
Open Space
June 2024 update: Staff is working on creating capacity in the workplan for further analysis on this item. No additional update at this time.

February 2024 update: Staff is working on creating capacity in the workplan for further analysis on this item. No additional update at this time.

November 2023 update: City staff have performed preliminary evaluations of the Sal Cracolice and Milpitas Communtiy Center Facilities. Based on these preliminary evaluations, significant challenges would likely deter the improvements required to become a licensed childcare facility. However, as a next step, staff will be reaching out to a non profit partner and/or the Santa Clara County Office of Education to receive a third party opinion on staff's preliminary evaluation.

June 2023 update: Staff are currently working on this request, identifying the improvements to the Sal Cracolice Recreation Facility that would be required for a licensed childcare provider to operate in the building.

Prior updates: No additional funds required to complete the internal review. Internal review can be done by late 2023. Approved during Spring Quarterly City Council Workplan Items Prioritization Discussionon 5/03/2022.
30 Have a picture of Albert Vogel Sr. put up in the
Senior Center & Include Maria Lemire on the Mural
in front of the Senior Center
Montano 10/19/2021 &
8/17/2021
Recreation &
Community Services
Community
Wellness &
Open Space
June 2024 update: Staff is contacting the painting subjects for pictures for the artist to use for the portrait. Staff is also working on the orientation of the new mural panels for symetry and potential additional subjects to be added. It is estimated that the mural will be finished in October 2024 at the latest.

February 2024 update: Staff is working on developing a contract with an artist for this work.

November 2023 udpate: At this time, staff is proceeding with the original city council approved names - Maria Lemery and Albert Vogel - to add to the mural. Additional names would require City Council direction.

June 2023 update: The approved CC request included to add Maria Lemery and Albert Vogel to the Mural at the Senior Center. Staff has spoken to the artist and confirmed that additional images would not fit with the existing piece. However, due to the location of the current mural, additional mural panels featuring additional people could be added to the senior center entry way. Staff received interest from Mayor Montano to add Joanne Souza to this request.

Prior updates: No additional funding needed. Need final names from City Council. . Approved to move forward at the 1/11/2022 Council meeting; Staff engaged the artist of the existing mural regarding this Council approved item.

No. Topic Requested By
Date
Requested
Requires more than 4 hours of
additional staff time Department / Office Council PriorityArea(s) Status Additional Resources/Funding
Needed or Deferral of Council
Approved Programs

Attachement 1
List of Councilmember Agenda Item Requests
31 Memorial Plaque in honor of youth skateboarder
that passed away
Montano 6/7/2022 Recreation &
Community Services
Community
Wellness &
Open Space
June 2024 update: Staff is working on the plaque wording. Install of the plaque is anticipated in early Fall 2024.

February 2024 update: Staff met with the family of the Skateboarder and is working with them on plaque language.

November 2023: Staff will reach out to the family in Fall to start the process to identify the location and plaque wording.

June 2023 update: This request was approved as part of the FY23-24 Budget. Staff will begin working with the family in Fall 2023.

Prior update: At the January 31 2023 City Council budget hearing, City Council votes to consider this item in the FY 2023-24 budget development. . Item will be brought forward as part of the next City Council additional workplan items prioritization in August/September . 32 Present Quarterly or Monthly crime statistics on the Homekey Project
Chua 6/7/2022 City Manager's Office:

Housing
Neighborhoods
& Housing
June 2024 Update: Police and Fire administrators continue attend montlhy public safety planning meetings with the County-OSH, Jamboree, ABODE Services, and the on-site security company to collaborate on the calls for service, montlhy statistics, and emerging issues/responses. Additionally, the City hosts a quarterly stakeholder meetings with these same entities as well as the CMO, Mayor/Vice Mayor, Residents, and Business Community members to provide status updates, discuss trends, and address emerging issues including the potential responses to those issues.

February 2024 Update: Staff has continued a regular bi-monthly stakeholders meeting on the Hillview project. The next stakeholder meeting is scheduled for late February 2024.

November 2023 update: In September 2023, the the City and project partners began a monthly stakeholder meeting on this topic.

Prior update: Next presentation is scheduled for June 20, 2023 City Council meeting. Quarterly reporting started in August 2022.

No. Topic Requested By
Date
Requested
Requires more than 4 hours of
additional staff time Department / Office Council PriorityArea(s) Status Additional Resources/Funding
Needed or Deferral of Council
Approved Programs

Attachement 1
List of Councilmember Agenda Item Requests
33 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars
Montano 11/16/2021 Recreation &
Community Services
Community
Wellness &
Open Space
June 2024 update: A Public Art Selection Committee has been established and has invited artists to submit design proposals. It is anticipated that the committee will review proposals in late June 2024.

Final designs will go through a public response period in mid to late summer.

February 2024 update: Required permits have been obtained by VTA.

Marketing for residents and surrounding businesses to serve on the art project stakeholder group.

November 2023 update: Staff are proceeding with this project. Next steps are finalizing the license agreement with the Valley Transportation Authority and outreach to potential artists.

June 2023 update: Staff was able to meet with and get approval from VTA in May 2023. Staff are currently completing the appropriate permits associated with this project for VTA approval. Monies for this project are available in the Public Art Fund.

Prior updates: VTA is not responsive to requests from the City to meet on this project. A discussion on other locations or projects with Council may be needed. . Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved at the 5/03/2022 meeting; discussed funding at the 5/10/2022 budget meeting and approved $100,000 of funding for only one site.

Group 4 – items that have been completed, postponed indefinitely, or withdrawn since last City Council update 34 Update the Commissioner Handbook to include an
option for outgoing commissioners to make
presentations to other commissions
Chua 1/23/2024 No City Manager's Office:

City Clerk
Governenace &
Administration
June 2024 Update: Revised Handbook adopted by City Council on March 19, 2024
February 2024 Update: an update to the Commissioner handbook will be brought to the City Council in Spring 2024 incorporating this change. 35 Workshop for retailers focusing on best practices
and safety with plans for quarterly sessions
(completed)
Chua 1/23/2024 No Police Public Safety June 2024 Update: This item is completed. On March 22nd, the police department held a community forum at the Seasons Market Place (Seafood City) in cooperation with the Santa Clara County District Attorney's Office to discuss crime trends and organized retail theft. This event cost approximately $800 to host and consumed significant police department resources and staff time to complete. Future event of this magnatude would require funding. Due to staffing constraints, it is recommended that future forums be reduced in size and provided at the request of the business community. When staffing within the police department improves, the police department will evaluate hosting additional events on a more regular basis.

February 2024 Update: Staff met with Vice Mayor Chua and Councilmember Barbadillo on February 6, 2024 to clarify the intent of this request and discuss options. Based on this discussion, staff feels that this request is in alignment with the current business outreach program within the Milpitas Police Department and can be incorporated into the existing staff workplan. The team will host this event in the next few months at the Seafood City shopping center on Landess Avenue.

No. Topic Requested By
Date
Requested
Requires more than 4 hours of
additional staff time Department / Office Council PriorityArea(s) Status Additional Resources/Funding
Needed or Deferral of Council
Approved Programs

Attachement 1
List of Councilmember Agenda Item Requests
36 Explore Ordinance for Residential Home Solicitors
(completed)
Barbadillo 10/3/2023 No Attorney Public Safety June 2024 Update: This item was brought forward to the City Council for consideration on April 2, 2024. The City Council determined to not proceed with the ordinance, which completed this item. This item was referred again by councilmember Barbadillo on April 16, 2024. This line item will be shown as completed, however the new referral that was made on April 16, 2024 will be tracked as a separate line item for potential prioritization.

February 2024 update: The City Attorney's Office has researched the issue and is preparing to bring forth a model ordinance for council's consideration in spring of 2024.
37 Satellite Consulate Office (completed) Montano 2/28/2023 Yes Economic Development Economic Development &
Job Growth
June 2024 update: Economic Development and Recreation and Community Services staff coordinated a service on April 13, 2024 for a Consular Outreach Mission at the Community Center Auditorium.

February 2024 Update: Economic Development contacted the Philippine Consulate General, San Francisco, Consulate General of India, Consulate General of Vietnam, and the Consulate General of the People’s Republic of China via email and voicemail messages in 2023.

Staff heard back from the Philippine Consulate General only. Economic Development and Recreation and Community Services staff have coordinated service on April 13, 2024 for a Consular Outreach Mission to be held at the Community Center Auditorium.

November 2023 update: The Office of Economic Development is coordinating with the Recreation & Community Services team and the Phillippine Consulate General (San Francisco) to coordinate an outreach event at the Milpitas Community Center. The current target date for this outreach is a Saturday in January 2024.

June 2023 update: see attached writeup
No. Topic Requested By
Date
Requested
Requires more than 4 hours of
additional staff time Department / Office Council PriorityArea(s) Status Additional Resources/Funding
Needed or Deferral of Council
Approved Programs

Attachement 1
List of Councilmember Agenda Item Requests
38 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and
Adobe (completed).

Montano 8/16/2022 Yes Recreation &
Community
Services/Public Works
Community
Wellness &
Open Space
June 2024 update: As funding for this analysis was not provided in the Fiscal Year 2024-2025 CIP process, staff has deemed this item completed for the time being. It is possible that staff can review this location again in the future for potential improvements.

February 2024 Update: Based on community fedback and higher priority park improvements to be funded throughout the City, staff is not recommending to fund this project in the FY 2024-2025 Proposed CIP Budget. If funding is not secured in the Fiscal Year 2024-2024 Budget process this item will be closed out until such time as funding is secured.

November 2023 update: As the survey was completed, this item is on hold pending potential future capital budget allocation.

June 2023 update: Staff conducted a survey of residents within an 800 foot radius from Adobe Ave., asking for feedback on potential recreational improvements to the area. Notification was sent via postcard to individual homes, NextDoor, Facebook, and Instagram. The survey was out for 3 weeks and 43 responses were received. Of those received, 16 identified themselves as living in the Adobe Ave/Vasona St.

Neighborhood. The majority of residents currently use Adobe Ave to walk to school (Curtner Elementary) and as a pedestrian trail for fitness.

Survey takers responded most favorably to turning the area into a parklet with some benches and greenery, followed by interest in a community garden. Residents indicated some concern over new uses of the area creating a noise and loitering issue in the neighborhood. Staff will present consolidate responses to the Mayor and City Council to receive further direction at the next priority setting meeting. 39 Recognize March as national endometriosis month Phan 3/5/2024 no City Manager's Office:

City Clerk
Community
Wellness &
Open Space
June 2024 update: This item was completed. March was recognized as National Endometriosis month at the March 19, 2024 City Council meeting.

No. Topic Requested By
Date
Requested
Requires more than 4 hours of
additional staff time Department / Office Council PriorityArea(s) Status Additional Resources/Funding
Needed or Deferral of Council
Approved Programs

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

ORDINANCES AND POLICIES
CC01
Revisit Solicitation Ordinance Councilmember Gary
Barbadillo
Lead Department/Office Supporting Department(s)/Office(s) City Attorney Police
Council Priority Areas Estimated Completion Date Estimated Cost $3,000-$10,000
Funding Needed
Public Safety TBD
Can be absorbed in current
CAO budget.

Description of Required Work Effort
The Office of the City Attorney has presented a proposed ordinance regarding solicitation on residential properties that satisfies the request made by Councilmember Barbadillo but was not adopted by the entire Council. That proposed ordinance could be brought before the Council for reconsideration if the Council desires. Councilmember Phan has also suggested that the Council consider a no solicitation ordinance related to commercial property. An ordinance for commercial property would differ fundamentally from an ordinance governing residential property. In certain circumstances, portions of commercial property are quasi-public spaces on which the California Constitution explicitly allows some form of solicitation in accordance with Pruneyard Shopping Center, et al. v. Robins. Should the Council wish for both a residential no solicitation ordinance and a commercial no solicitation ordinance, those two ordinances should be prioritized and considered by the Council separately.

Status Update as of June 2024
Staff requires further clarification on the nature of the Council’s request.

Council Clarification/Further Direction Requested
Staff requires clarification as to whether the Council is requesting a residential no solicitation ordinance, a commercial no solicitation ordinance, or both. If the Council is requesting both, staff recommends that the two ordinances be prioritized and considered separately.

Other Considerations
Enforcement of either ordinance would be undertaken by the Office of the City Attorney, not the Office of the District Attorney. Depending on the number of citations issued under these ordinances, the Office of the City Attorney may require additional resources to ensure enforcement.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

ORDINANCES AND POLICIES
CC02
Strengthening of No Smoking ordinance Vice Mayor Evelyn Chua Lead Department/Office Supporting Department(s)/Office(s) City Attorney
Council Priority Areas Estimated Completion Date Estimated Cost $10,000
Funding Needed
Public Safety TBD
Can be absorbed by the
current CAO budget
Description of Required Work Effort
The Office of the City Attorney would draft an ordinance prohibiting smoking in all publicly accessible parking lots to the extent allowable under the law.

Status Update as of June 2024
Work has not yet begun.

Council Clarification/Further Direction Requested
No further clarification is necessary.

Other Considerations
Violations of such a prohibition would be prosecuted by the Office of the City Attorney, not the Office of the District Attorney. At current staffing levels, the Office of the City Attorney can prosecute a limited number of violations without additional resources.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

ORDINANCES AND POLICIES
CC03
Tobacco Ordinance Review Vice Mayor Evelyn Chua
Lead Department/Office Supporting Department(s)/Office(s) Planning City Attorney, Police
Council Priority Areas Estimated Completion Date Estimated Cost $23,000 one time and
$273,000 ongoing
Funding Needed
Public Safety TBD
$273,000 ongoing (funding
for one-time costs is
available through a grant)
Description of Required Work Effort
The City of Milpitas had previously adopted ordinances to prohibit smoking in parks and trails in 2012 and outdoor dining areas in 2017. In June 2021, the City adopted an ordinance to prohibit smoking in multi-unit residences and many outdoor areas to reduce exposure to secondhand smoke. However, the City currently does not require a local tobacco retailer permit or minimum distances from sensitive land uses. If the City adopts an ordinance consistent with the County’s ordinance, the County has agreed to administer, implement, and enforce the City’s ordinance. However, the City would be required to conduct two youth decoy operations per year for each retailer within Milpitas.

The following tasks are required to adopt a local tobacco retail ordinance:

1. Draft a local tobacco retail ordinance;

2. If the ordinance deviates from the County’s ordinance, establish a new application process, a new permit fee, and local enforcement procedures; and

3. If the ordinance matches the County’s ordinance, execute an agreement with the County and conduct two youth decoy operations per year for each retailer through the Milpitas Police Department.

Administering, implementing, and enforcing a tobacco retail ordinance would require the following staff time:

1. One (1) Code Enforcement Officer (part-time) to review applications, maintain records, conduct compliance checks and inspections;

2. One (1) Police Officer (part-time) to conduct enforcement operations including background checks, spot checks and undercover operations at individual retail locations;

3. One (1) Recreation and Community Services staff member (part-time) to conduct mandatory retailer education and facilitate alternative penalties; and

City Council Referral
(requires more than 4 hours of staff time)

4. One (1) Planning staff member (part-time) to prepare and update application materials, respond to inquiries from business owners and the public, update online information and forms, and coordinate intake and circulation of applications.

The permit fees would not be sufficient to cover staff time for administering and enforcing the ordinance.

Status Update as of June 2024
No status at this time.

Council Clarification/Further Direction Requested

1. Whether the Council would like staff to draft a tobacco retail ordinance that establishes a local permit in addition to establishing minimum buffers.

2. If yes, whether the Council would like staff to draft an ordinance consistent with the County’s ordinance and partner with the County on enforcing the provisions or draft a different ordinance and locally enforce the provisions.

Other Considerations
None

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

ORDINANCES AND POLICIES
CC04
Animal Cruelty Ordinance Vice Mayor Evelyn Chua
Lead Department/Office Supporting Department(s)/Office(s) CAO Code Enforcement
Council Priority Areas Estimated Completion Date Estimated Cost $10,000 (for ordinance
development, not ongoing
costs)
Funding Needed
Public Safety TBD
None. Can be absorbed by
the current CAO budget.

Description of Required Work Effort
On a one-time basis, this would require the addition of an additional provision to the Humane Treatment of Animals section of the municipal code to add a section regarding the standards for the boarding and treatment of horses within Milpitas. On an ongoing basis, funding required for this additional ordinance would not be known until after implementation and would depend on the number of cases per year, as discussed further in the “other considerations” section.

Status Update as of June 2024
Has not been prioritized.

Council Clarification/Further Direction Requested
No further clarification necessary.

Other Considerations
Code Enforcement staffing is currently at capacity. If there are a number of cases and/or if there are highly complex cases, then additional resources (either ongoing or one time) would be needed to assist with enforcement. Additionally, enforcement of these cases would be on a complaint driven, rather than proactive, basis due to staffing levels.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

Projects and Programs CC05 Arts Month for Commissioners Vice Mayor Evelyn Chua Lead Department/Office Supporting Department(s)/Office(s) Recreation and Community
Services
Council Priority Areas Estimated Completion Date Estimated Cost $5,500
Funding Needed
Community Wellness & Open
Space
April 2025
$1,000
Description of Required Work Effort
An arts show featuring City Commissioner pieces has been requested by the City Council. Staff is proposing to hold the show each April, which is National Arts, Culture, and Creativity Month. Staff time to fulfill this request will be about 30 hours which includes preparing marketing and outreach materials, working with Commissioners to identify and collect said art pieces, design the show, hold a small reception, break down the show and return the art pieces to the Commissioners. The value of staff time is approximately $4,500. Additional funding would be needed for paid marketing, materials for the show, and reception costs.

Status Update as of June 2024
NA
Council Clarification/Further Direction Requested
None
Other Considerations
Should the Council not prioritize this item, Commissioners can be encouraged to apply for the Phantom Art Gallery program and have their own art show.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

Projects and Programs CC06 Veteran’s Banner Program Vice Mayor Evelyn Chua Lead Department/Office Supporting Department(s)/Office(s) City Manager’s Office Public Works
Council Priority Areas Estimated Completion Date Estimated Cost $40,000 ongoing
Funding Needed
Community Wellness & Open
Space
TBD
$40,000 ongoing
Description of Required Work Effort
This program would be for the installation of street banners with the names and/or photos of Milpitas Veterans. The likely location for this would be on Main Street.

A local example of this program is in the City of Salinas, the “Salinas Hometown Heroes Banner Program.” City staff has discussed this program with the team in Salinas in order to gain better understanding of the workload for the development of the cost estimate. Further information about this program can be found here: Salinas Hometown Heroes | banners for veterans If this item is prioritized, staff would bring a policy forward to the City Council for approval at a later time. However, as an example, a resident or former resident could submit an application to the City, along with proof of military service and a photo of the honoree. After review of this application, staff would include the honoree and photo in the next batch of banners to be installed. The above costs include funding for administering the program as well as ongoing funding for replacement/refreshing of the banners on an annual basis. Due to staffing capacity, it is possible the day-to-day administering of the program could be contracted out to a local nonprofit.

If this project moves forward, staff will coordinate the project with the City’s Veteran’s commission.

Status Update as of June 2023
none
Council Clarification/Further Direction Requested
None at this time.

Other Considerations
None.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

Projects and Programs CC07 Community Advisory Commission Focus Change to Housing
Vice Mayor Evelyn Chua
Lead Department/Office Supporting Department(s)/Office(s) Housing City Manager’s Office
Council Priority Areas Estimated Completion Date Estimated Cost To Be Determined
Funding Needed
Neighborhoods and Housing December 2024
To Be Determined
Description of Required Work Effort
On April 2, 2024, Vice Mayor Evelyn Chua requested that the City Council include the Community Advisory Commission (CAC) focus change to housing for consideration under the quarterly Prioritization List. The CAC serves as the City Council’s advisory body on matters affecting Milpitas residents, especially those relating to community improvement. Typical CAC work plan items include the Community Development Block Grant (CDBG) program, Spring Cleaning Day, National Night Out, Neighborhood Beautification Awards, and the Community Engagement & Affordable Housing and Building Safety Month event. The purpose of the CAC change is to focus the Commission on matters related to Housing and social services for the following reasons: reduce duplicative efforts with departments such as Public Works on neighborhood cleanup events and National Night Out.

Status Update as of June 2024
Vice Mayor Chua’s proposal for a new CAC work plan would be more Housing and social services focused and more aligned with the Housing Division’s Work Plan. The revised CAC Work Plan would still emphasize and enhance the CDBG program to provide more Commission time to understand CDBG, proposed applicants, and CDBG progress throughout the year. If this moves forward, staff proposes to retain Community Engagement, Affordable Housing, and Building Safety month event.

More Housing Division updates on community related and current programs results in better alignment between the Commission and actual Housing staff work. Staff expects to solicit assistance from the CAC to further promote Housing programs to their networks. Additionally, when Housing hosts events, the CAC would co-sponsor those events.

Council Clarification/Further Direction Requested
Staff would request clarification on which of the following two options the City Council prefers:

1. Option 1: The Commission name remains Community Advisory Commission for now, and there are minor shifts in agenda items such as a quarterly report to the CAC on unhoused programs

City Council Referral
(requires more than 4 hours of staff time)
and other Housing Division policy and program work. If this item is chosen, this would consist of less than 4 hours work and not need to be prioritized;

2. Option 2: Revamp the CAC to be more housing oriented. This would include a review and potentially re-vamping of the roster, changing the name of the commission and undergoing a new workplan process. This would require more than 4 hours of staff time.

Other Considerations
None

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

Projects and Programs CC08 Explore Stipend for Planning Commission
Councilmember Gary
Barbadillo
Lead Department/Office Supporting Department(s)/Office(s) Planning
Council Priority Areas Estimated Completion Date Estimated Cost $11,550
Funding Needed
Neighborhoods & Housing December 2024
$11,550
Description of Required Work Effort
Pursuant to Milpitas Municipal Code I-500-1.14, Compensation for Attending Meetings, the City of Milpitas Planning Commission receives a compensation in the amount of $25.00 for attending any regularly or specially scheduled Planning Commission meetings. A formal ordinance amending the municipal code must be adopted to increase the amount.

In 2016 and 2018, the Council considered increasing the compensation amount for the Planning Commission to $100.00 per meeting. City staff prepared an ordinance to increase the compensation, but the item was never heard by the Council. At the April 16, 2024, 2024 meeting, Councilmember Barbadillo referred this consideration to the city council prioritization process.

This work item would require the following tasks:

1. Gather comparative information on compensation and workload levels for Planning Commissions from other Santa Clara jurisdictions.

2. Present this information to the Council for direction and feedback.

3. Prepare an ordinance to increase the compensation amount. If an ordinance is introduced, Council could consider it for second reading and adoption at a future meeting and the ordinance would become effective 30 days following adoption.

As noted above, Milpitas Planning Commissioners currently receive compensation of $25 per meeting.

If the compensation were to increase $75 to a $100 rate per meeting, the annual fiscal impact to the City budget would be $11,550 for the projected 22 meetings in 2025. The fiscal impact also reflects compensation estimates at the current total number of Commission seats (7).

Status Update as of June 2024
Not started.

Council Clarification/Further Direction Requested
None.

City Council Referral
(requires more than 4 hours of staff time)
Other Considerations
None.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

Projects and Programs CC09 Citywide Banner Program Vice Mayor Evelyn Chua Lead Department/Office Supporting Department(s)/Office(s) Public Works Recreation Services, CMO
Council Priority Areas Estimated Completion Date Estimated Cost $20,000 ongoing
Funding Needed
Economic Development & Job
Growth
TBD
$20,000 ongoing
Description of Required Work Effort
Costs assume 60 banners replaced 2x yearly and ancillary expenses for possible mounting hardware.

Estimate does not assume staff would perform work on overtime.

Status Update as of June 2024
No status update at this time.

Council Clarification/Further Direction Requested
Staff would like City Council feedback on the following if this is prioritized:
1) Are there 2-3 specific streets or areas that the City Council would like prioritized for placement of banners?
2) Are there specific destinations or features of our City that the City Council would like shown on these banners?
3) How often would the City Council like these banners changed out? Current estimate is based twice per year.

Other Considerations
None at this time.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

Projects and Programs CC10 Escuela Parkway Traffic Safety Analysis Mayor Carmen Montano Lead Department/Office Supporting Department(s)/Office(s) Public Works – Engineering
Division
N/A
Council Priority Areas Estimated Completion Date Estimated Cost $100,000 to $150,000
Funding Needed
Transportation and Transit TBD
$100,000 to $150,000
Description of Required Work Effort
At the May 7, 2024, City Council meeting, Mayor Montano requested staff explore the possibility of installing an express lane for transit vehicles on Escuela Parkway between Sandalwood Lane and Washington Drive to expedite travel time for transit during the peak of traffic associated with the surrounding schools (Marshall Pomeroy Elementary, Thomas Russell Middle School, and Milpitas High School). Currently the travel lanes in the north and south direction are split by the 80’ wide City & County of San Francisco right of way (Hetch Hetchy Water Pipeline). The width of the road in both directions are approximately 20’ wide consisting of 8’ bike lane and 12’ travel lane.

The road width is not sufficient to accommodate an express lane for transit and will have to encroach into City & County of San Francisco right of way by at least 12’ in both directions for a total right of way width of 24’. The review and approval of the encroachment will to be under the jurisdiction of the San Francisco Public Utilities Commission (SFPUC). A probable cost of construction based on a highlevel analysis will range between $2.0 million to $3.5 million which excludes the cost of design, CEQA mitigation measures, traffic control constraints to accommodate the schools' operations, SFPUC requirements to protect their water pipelines, and right of way acquisition from SFPUC. The following are two options available to explore the possibility of traffic measure:
1) Staff can focus a traffic safety and flow study on the area from Sandalwood Lane to Washington Drive. This will include a geometric design analysis of whether an extra travel lane can be accommodated as well as a traffic safety analysis for other potential enhancements. The estimated cost of this study is $100,000 in one-time costs. 2) Staff can focus a traffic safety and flow study on the entire length of Escuela Parkway. The scope of work discussed above would be included as well as a study of potential improvements from Sandalwood Lane to South Milpitas Blvd. The estimated cost of this study is $150,000 in one-time costs.

Status Update as of June 2024
None

City Council Referral
(requires more than 4 hours of staff time)
Council Clarification/Further Direction Requested
If this item is prioritized, staff would like clarification on whether the City Council would like for the entire length of Escuela Parkway to be studied from a traffic safety and flow standpoint (larger dollar amount), or whether the city council would just like staff to focus on the area in front of Marshall Pomeroy Elementary, Thomas Russell Middle School, and Milpitas High School (smaller dollar amount).

Other Considerations
None

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

ORDINANCES AND POLICIES
CC11
Catalytic Converter Ordinance Vice Mayor Evelyn Chua
Lead Department/Office Supporting Department(s)/Office(s) Police City Attorney’s Office
Council Priority Areas Estimated Completion Date Estimated Cost $5,000 (ordinance drafting
only)
Funding Needed
Public Safety TBD
$5,000
Description of Required Work Effort
Conduct legal analysis and develop an ordinance to criminalize the possession of catalytic converters that are not serialized, are possessed without documentation of their origin, or other proof of ownership by imposing criminal sanctions and monetary penalties for persons in possession of catalytic converters in violation of the ordinance with the intent of decreasing catalytic converter thefts in the City of Milpitas. If legal analysis supports such an ordinance, the Police Department would need to enforce the ordinance and the City Attorney’s Office (CAO) would need to prosecute the cases in court and litigate any appeals.

Status Update as of June 2024
No status
Council Clarification/Further Direction Requested
The costs provided by staff are for the research and drafting of the ordinance only. If this Council item is prioritized, staff would like for the City Council to provide feedback on whether the Council expects this ordinance to be enforced and/or litigated. If City Council does have this expectation, additional ongoing costs will be required in the Police Department and CAO. These costs are unknown at this time but can be provided to the Mayor and City Council as part of the policy work when this item is brought forward to City Council for adoption of a future ordinance.

Other Considerations
A catalytic converter ordinance may not be relevant as catalytic converter theft drastically dropped in 2023 compared to prior years. In 2023, the Milpitas Police Department investigated 200 reported catalytic converter thefts. 61%, or 122, of those thefts occurred between January and May. Year to date for 2024, there has only been 11 reported catalytic converter thefts. This is a 91.7% reduction comparing year to date of 2024 to 2023. The City of San José implemented a similar ordinance in February of 2024 (after the sharp decline of catalytic converter thefts in the region). The San José Police Department does not have data suggesting the ordinance has had any meaningful impact on catalytic converter theft at this time.

City Council Referral
(requires more than 4 hours of staff time)
The Police Department currently does not have the capacity to proactively enforce such an ordinance and the CAO does not have the capacity to litigate more than a handful of these matters per year.

Therefore, if this ordinance were prioritized, it would serve as deterrent, and if multiple cases occur, staff can return to City Council in the future to determine if city council wishes to add funding for proactive enforcement.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

ORDINANCES AND POLICIES
CC12
Accessory Dwelling Unit Ordinance to
Allow Condominium Conversions
Vice Mayor Evelyn Chua
Lead Department/Office Supporting Department(s)/Office(s) Planning Building Safety and Public Works
Council Priority Areas Estimated Completion Date Estimated Cost $12,000
Funding Needed
Neighborhoods and Housing February 2025
None (staff time only)
Description of Required Work Effort
Assembly Bill (AB) 1033 removes the previous State law prohibition against subdividing and selling an accessory dwelling unit (ADU) as a condominium unit. Local agencies now have the option of adopting a local ordinance to allow ADUs to be sold or conveyed separately from the primary residence to a qualified buyer if certain conditions are met, including lender approval and compliance with the DavisStirling Common Interest Development Act and Subdivision Map Act. Adopting such an ordinance would involve the following tasks.

1. Research and analyze AB 1033 and local ordinances of nearby jurisdictions allowing ADU condominium conversions.

2. Hold a Council study session for direction and feedback.

3. Draft an ordinance to amend the Zoning Ordinance to eliminate sale restrictions and expressly allow condominium conversions and sale of ADUs.

4. Prepare staff reports, attachments, and presentations for Planning Commission and City Council adoption hearings.

5. Create a new application type and establish the associated application fee based on anticipated staff time required to process an application.

6. Prepare and publish a comprehensive checklist for ADU condominium conversion applications with detailed information regarding Subdivision Map Act compliance, impact on property taxes, coordination with local utilities, homeowner’s association requirements, and lender subordination.

7. Conduct community outreach to inform and educate homeowners about ADU condominium conversions.

Status Update as of June 2024
Not started.

Council Clarification/Further Direction Requested

City Council Referral
(requires more than 4 hours of staff time)

1. Whether the City Council would like City staff to include a requirement in the ordinance to give a first right of offer for a period of 45 days on publicly accessible databases to buyers indicating an intent to live in the property.

Other Considerations
None.

Attachment 3
List of Completed, Postponed or Withdrawn Items
Group 4 – items that have been completed, deferred, or withdrawn 1 Add Green Bike Lanes Tran, Montano 9/17/2019 N/A Engineering Included in CIP 2 Adopt Resolution similar to County's re:
xenophobia, discrimination
Dominguez 4/21/2020 N/A CMO, CAO Added to the consent calendar and adopted Resolution on 5/5/2020
3 Agendize a Flag Raising for India Independence
Day
Tran 6/14/2022 Recreation Item added to 6/21/2022 Consent Calendar 4 Agendize an update to the Lobbyist Ordinance
for the next meeting
Chua 3/1/2022 City Attorney Discussed at 3/15 City Council Meeting; At the 3/15/2022 Council Meeting, City Attorney was directed to bring back a proposed ordinance amendment for further discussion; Council approved the ordinance on 6/7/2022
5 Amend Accessory Dwelling Units (ADU)
ordinance to address unpermitted ADUs
Chua 1/5/2021 Yes Building Safety & Housing, Planning Safe ADU Legalization Program is launched on 3/24/2022, utilizing ARPA funding. No Ordinance amendment is
necessary.
6 Amend Ordinance to remove affordable
housing in‐lieu fee
Chua 12/15/2020 Yes Building Safety & Housing, CAO Amended Affordable Housing Ordinance adopted on 2/1/2022.
7 Below Market Rate (BMR) units ‐ process for
selecting applicants
Chua 10/19/2021 Yes Building Safety and Housing, CAO Info Memo sent to Council on 1/14/2022 and 3/17/2022. 8 BMR Homes sub‐lease option during COVID‐
19 Chua 1/19/2021 No CAO, Building &
Housing
Info Memo sent on 4/26/2021
9 Bring back a conversation in the budget meeting
to fund “walking beats” in the commercial and
high crime areas
Dominguez 4/5/2022 Police At the 4/5/2022 City Council meeting, this item was discussed and there was direction from Councilmember Dominguez to work with the City Manager to find funding sources
10 Bring back update report & discuss status of
playing fields for girls' softball in Milpitas
Dominguez 10/20/2020 N/A CMO, Recreation Discussed on 02/11/2021, amended JUA for Russell approved on 6/15/2021
11 Celebrate Mexican Independence Day
annually on September 16
Montano 6/2/2020 N/A Recreation Approved on consent 8/18/2020 12 City to highlight mental health resources on the
website
Dominguez 8/17/2021 Recreation Staff will issue an email this week (week of 7/25) 13 Community Theatre, perhaps with MUSD Nuñez, Phan 8/20/2019 N/A Recreation, CMO Discussed @ CIP Study Session on 4/14/2020; councilmembers asked outdoor amphitheater to be placed into the tail end of 5 year CIP
14 Community Workforce Agreement (PLA) Phan 2/18/2020 Yes CMO, CAO, Engineering
Council voted to remove this item from the list on 2/02/2021 per CM Phan's
request
15 Consider "Old Town" Main St. revitalization,
funding, economic dev., improve area
Montano 12/15/2020 Yes CMO, Planning, Engineering, Finance Council provided direction to move forward with revitalization efforts on May 11, 2021. Staff is working on various items related to revitalization and have provided subsequent
updates to the Council in October and to the Main Street Revitalization Subcommittee in September and November.
16 Consider adding state certification NEC for
electrical work done in the City (safety)
Dominguez 6/30/2020 N/A Building & Housing Not needed, staff is certified 17 Consider change in Commission structure,
on term limits
Tran 12/15/2020 N/A Recreation, CMO Completed on 1/19/2021

Attachment 3
List of Completed, Postponed or Withdrawn Items
18 Consider change in term limits for Mayor +
Councilmembers
Montano 6/16/2020 City Attorney, City Manager 8/4/2020: Voted 3 ‐2 to pursue; 2/02/2021 to agendize for a future meeting; 3/16/2021 voted 3‐1‐1 to move forward.

Scheduled for 3/15/2022; rescheduled for 4/05/2022;
4/05/2022 could gave direction to move forward with
Councilmember term limits and discuss the Mayoral seat at a later date; Discussed at the 5/10/2022 budget meeting and had a consensus not want to move foward with a ballot
measure for the Mayor term limit; Councilmember term limits scheduled for June 7; Scheduled for June 21 meeting
19 Consider Community Museum and Park on
Main St.

Phan 8/20/2019 N/A CMO To be considered as part of Specific Plan process 20 Consider expanding the Fee Waiver Policy
eligibility to non‐profit organizations outside of
Milpitas but the events are specific to Milpitas
residents
Chua 3/15/2022 Recreation Council approved the policy revision at the June 21 2022 City Council meeting.
21 Consider funding to implement and create a
homelessness encampment response team to
be dispatched to encampment sites to address
concerns, talked about creating a position to
provide mental health assistance, and would
like this to be brought back for discussion at the
budget meeting
Dominguez 3/15/2022 City Manager, Public Safety, Recreation, Public Works
Direction from Council to bring forward as part of FY 22‐23 budget discussion; at the May 10 Budget Study Session Council did not direct to do any further work on this item.
22 Consider naming "Milpitas Hills" Dominguez 10/20/2020 Yes Econ. Dev. Deferred indefinitely on 2/02/2021; did not receive a majority vote from 2/02/2021 council meeting
23 Consider rescinding direction given on 1355
California Circle project and allow the
project application to move forward without
being tied to a specific plan (Original request
was for item to be placed on November 2
agenda)
Chua 10/19/2021 Planning, CAO Staff is working with the developer on options to move the project forward.
24 Consider satellite consular offices (post
Covid)
Montano 6/2/2020 Yes CMO Deferred indefinitely per VM Montano's request on 2/02/2021 council meeting
25 Create an “Incentive Corner,” which will be
a sub‐page with links to different freebies,
grants, and incentives from the City and the
regions, including the Water District and
Silicon Valley Clean Energy
Chua 8/17/2021 No Information Technology, Public Works "Incentive Corner" webpage is live on the City's website.

Banner posted on 3/28/2022.
26 Designate the California Oak Tree as the City’s
official heritage tree
Montano 2/1/2022 Recreation Council approved at the 6/7/2022 meeting. 27 Discuss a "safety first" or other event in lieu
of National Night Out (per CAC)
Phan 10/20/2020 Yes Building & Housing, Police Remove from the list per CM Phan's request on 2/02/2021 council meeting
28 Discuss budget reductions in next FY with
input from residents, employees
Nuñez 10/6/2020 N/A Finance, CMO On 10/20/2020, to 11/10, 11/17 29 Discuss having 4th of July parade Nuñez 2/18/2020 N/A Recreation No longer under discussion 30 Discuss potential litigation ‐ re: govts' action
on Jamboree‐Project Homekey
Tran 10/6/2020 N/A Building & Housing, CMO, CAO Multiple Closed Sessions ‐ Oct. 2020 Group 4 – items that have been completed, deferred, or withdrawn

Attachment 3
List of Completed, Postponed or Withdrawn Items
31 Discussion in the next fiscal year, to have a
sliding scale permitting program for seniors and
low‐income residence for necessary safety
renovations
Tran 5/4/2021 Building Safety & Housing, Planning 8/09/2021 Council voted 5‐0 to move this item forward and modify the existing Milpitas Assistance Program to include seniors; MAP continues to be available for low income seniors and sufficient funding was budgeted for FY 2022‐23.
32 Discussion of campaign finance reform
and/or Open Government Ordinance
Phan 6/30/2020 N/A City Clerk, CAO Withdrawn @ 8/4/2020 CC meeting 33 Discussion of Minute Man as City's image,
when City branding comes back
Phan 8/18/2020 N/A CMO Staff and consultant presented the item on 5/4/2021, due to the late hour it was deferred to a future meeting. Council provided input that the Minute Man discussion will not be pursued further.
34 Discussion on possible tax measures Tran, Phan 4/21/2020 N/A Finance Done on 5/15/2020 35 Discussion to reduce the City’s Senior Center
facilities deposit
Montano 5/4/2021 Recreation, Finance 8/09/2021 Council voted 5‐0 to refer this item as part of the development of the FY 2022‐23 Master Fee Schedule; Council approved the item on 4/19 as part of the adoption of the Master Fee Schedule
36 Discussion/staff report on Beautify Milpitas,
graffiti
abatement, resources
Montano 6/30/2020 Yes CMO, PW City Council approved the Beautify Milpitas program on June 1, 2021
37 Donate old, obsolete, noncompliance items
from the Fire Department to Sister City
Dagupan Philippines
Chua 8/9/2021 Yes Fire, CAO, Finance Council approved the resolution for donations of personal protective equipment on March 1, 2022 and staff
implemented the program by the end of March.
38 Economic Development Corporation (EDC) Montano 12/15/2020, 01/05/2021,
01/19/2021,
01/26/2021
Yes CMO, Econ. Dev. Deferred on 4/20/2021
39 Emergency item for next agenda: extend
tenant eviction protections
Dominguez 6/16/2020 N/A Building & Housing, CAO Withdrawn, covered by other govt 40 Emergency request to cap rents on small
businesses (tenants) in Milpitas
Dominguez 10/6/2020 N/A Econ. Dev., CAO On 12/01/20. Not supported 41 Establish "ADU Mondays" Chua 1/5/2021 No Building & Housing, Planning
Launched in March 2021
42 Establish a Day Worker Program Montano 6/16/2020 Yes CMO Mayor & Vice Mayor to brainstorm in future; Council voted to remove this item from the list on 2/02/2021 per VM
Montano's request
43 Establish Milpitas coronavirus testing site Phan 4/7/2020 N/A FCMO, Fire, CAO Completed 44 Expedite process for Measure F Oversight
Committee
Chua 12/15/2020 N/A Finance Staff explained planned process, appts. were approved by Council in March 2021
45 Explore a lease for the vacant land adjacent
to the Library for City use
Tran 1/18/2022 City Manager, Economic Development, City Attorney
February 2023 update: At the January 31, 2023 City Council Budget Study Session staff was directed to drop this item from the priority list.

Prior Updates: Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved to move forward at the 5/03/2022 meeting.
46 Explore increasing the
Conferences/Meetings/Memberships allowance
for each Councilmember to $10,000
Chua 5/17/2022 City Manager On 6/07/22, City Council did not approve increasing the allowance as part of the adoption of the FY 2022‐23 Budget; however, Council provided direction to review funding need as part of the FY 2022‐23 mid‐year budget review.
47 Extend the outdoor dining options through
March of next year
Phan 9/21/2021 No Planning Planning Director to provide information on current outdoor dining extension
Group 4 – items that have been completed, deferred, or withdrawn

Attachment 3
List of Completed, Postponed or Withdrawn Items
48 Fee waiver for the Chamber of Commerce
for either the Oktoberfest or Arts and wine
Festival
Montano 3/1/2022 Yes Recreation Staff reached out to the Chamber of Commerce. The Chamber may seek a fee waiver next fiscal year.
49 Fee waiver for the Christian Worship
Center's Easter Egg Hunt event
Tran 3/1/2022 Recreation The City Council approved a fee waiver for this event on April 5, 2022.
50 Fee waiver for the Filipino American South Bay
Community to hold pop‐up resource fair at a
City Park
Dominguez 3/1/2022 Recreation Staff engaged organizers of the event; event was held on June 19; organizers did not request a fee waiver.
51 Fee waiver for the Kiwanis Annual Crab Feed
event
Tran 3/1/2022 Recreation Approved at the 3/15/2022 Council Meeting 52 Form "Beautify Milpitas" subcommittee ‐ for
a future Task Force or Commission
Chua 12/15/2020 Yes CMO, PW Council approved the Beautify Milpitas program on June 1, 2021. No subcommittee to be formed.
53 Form a Historical Commission Montano 6/2/2020 N/A Recreation, CMO Already part of PRCRC. Commission discussed on 01‐05‐ 2021, no change
54 Form a Homelessness Task Force Tran 12/15/2020 N/A CMO Approved by Council on 1/5/21 55 Guide small businesses on ADA (Americans
with Disabilities Act) requirements due to
the quick changes made to facilities during
the pandemic
Chua 8/5/2021 No Economic Development SVEDA/SV Joint Venture hosted the “SV Small Businesses & ADA Compliance” webinar on 11/3/21. Several Milpitas
business reps, & staff from Econ. Dev. & Building participated.

Staff met with reps from CA Comm. on Disability Access to discuss business education & outreach.
56 Host a Townhall at City Hall in January,
February, and March for the community to
share comments about the issue of the
unhoused
Tran 11/2/2021 Yes CMO, CAO, Police, Public Works Deferred by Mayor Tran because of public health status 57 Illegal dumping Phan 10/5/2021 Yes Public Works Info Memo sent to Council on 2/25/2022 58 Incorporate a Press Release Policy (if there is
an existing policy) in the City Council
Handbook
Tran 8/17/2021 Yes CMO, CAO The City Council Handbook was adopted at the Jan. 11, 2022 City Council meeting.
59 Increase number of commission members
from seven to nine on the Parks, Recreation
and Cultural Resources Commission
Montano 10/5/2021 Yes CMO, Recreation, City Clerk Council approved Bylaw changes at the April 19 Council meeting
60 Increase the City's rebate program to match
Valley Water's two dollars rebate increase
and look into expanding the "Lawn Buster"
program to more residents based on income
Chua 6/15/2021 Yes Public Works On October 19, 2021, the Council approved a contract amendment with the Santa Clara Valley Water District
(District) to match the District's rebate amount and to authorize the City to manage the "Lawn Buster" program with "Our City Forest" on behalf of the District. On December 14, 2021, Council approved a contract with "Our City Forest." 61 Increase the number of local businesses
doing business with the City
Chua 4/6/2021 Yes CMO, Economic Development, Finance At 8/9/2021 Council meeting, Council voted that this item may have to come back for additional discussion because there may be some legal considerations.
62 Info. on new SB 50 (housing, transit bill) Phan 1/7/2020 N/A Building & Housing Sent memo to City Council 63 Job fair with 20 local businesses to be held
soon and an additional one in the fall with
the Chamber taking a larger role and the
City providing some support
Chua 6/1/2021 Yes Economic Development
Group 4 – items that have been completed, deferred, or withdrawn

Attachment 3
List of Completed, Postponed or Withdrawn Items
64 Letter from City Council opposing AB 2181
(Berman) regarding VTA's Board Composition
Tran 6/7/2022 City Manager Per the email sent to Council on 6/17/2022, consistent with the Council approved Legislative Advocacy Policy, Mayor Tran signed a letter opposing the legislation unless amended.
65 List of city charges/costs that could be
waived for small businesses
Dominguez 6/16/2020 N/A Finance, Econ. Dev. 6/30/2020 info memo 66 Local Boy Scouts Fee Waiver for Eagle Scout
Ceremony
Tran 6/7/2022 Recreation Fee waiver was approved on September 20, 2022. 67 Look into allowing outdoor music and would like
the ordinance brought back to Council.

Montano 8/5/2021 Planning Zoning Ordinance Text Amendment adopted 08/16/2022 68 Look into how the City can be a resource for
small businesses to help guide them on what to
do in terms of ADA (Americans with Disabilities
Act) requirements due to the quick changes
made to facilities during the pandemic
Chua 8/5/2021 Economic Development SVEDA/SV Joint Venture hosted the “SV Small Businesses & ADA Compliance” webinar on 11/3/21. Several Milpitas business reps, & staff from Econ. Dev. & Building participated. Staff met with reps from CA Comm. on Disability Access to discuss business education & outreach.
69 Look into reducing rates for the seniors and
low‐income families for Sports Center
activities
Montano 2/1/2022 Yes Recreation, Finance The FY2021‐22 Adopted Fee Schedule includes discounted membership and fitness passes for Seniors; low‐income
families can apply for membership and fitness pass discounts through the Milpitas Assistance Program
70 Maintain Dagupan, P.I. as a Sister City Tran, Montano 9/17/2019 N/A CMO Approved the renewed MOU continuing the Sister City relationship on 12/17/2019
71 Mayor shall recommend a Milpitas resident
to serve on VTA Bike Committee
Dominguez 11/17/2020 N/A Engineering 12/15/20: resident Kristal Caidoy appointed to VTA BPAC 72 Memorialize those that have passed due to
COVID‐19 in Milpitas
Dominguez 3/2/2021 Yes CMO, Recreation At 8/9/2021, Council provided input that COVID‐19 had not yet passed and that the discussion about a memorial should be had at a future time.
73 Mini‐libraries in the low‐income areas of the
City
Montano 4/20/2021 Yes Planning, Recreation Discussed on 8/9/2021, staff to follow up with Vice Mayor Montano on specific vision. Staff met with the Vice Mayor. The City will continue to facilitate libraries as needed but will not take a lead role in funding or operating them.
74 No on possible ban on vaping, yes on
restricting smoking in multi‐unit bldgs
Montano 1/7/2020 Yes Planning, Recreation, CAO Ordinance for multi‐unit buildings adopted on 6/15/2021 75 Opportunity to share ideas for US census &
on City "sponsored" events
Dominguez 9/1/2020 N/A CMO 12/01: remove census topic, move events to CC retreat 2021; at 1/12 retreat Council direction to cease
76 Ordinance to ban vaping in the City Montano 12/15/2020 Planning Study session with Council held 6/21/2022. Tobacco Retail Permitting program has been drafted, but there are unresolved issues with enforcement by Santa Clara County.
77 Outreach to notify the community of the
trash voucher program
Chua 9/7/2021 No Public Works Staff provided an Information Memorandum regarding the pilot program on April 6, 2022.
78 Parade for MHS Trojans Football Tran, City Manager 1/21/2020 N/A Council Completed 1/28/2020 79 Partner with the Rotary Club of Silicon
Andhra to promote the stem cell donor
outreach with a webinar and campaign to
help increase the number of donors
Chua 8/17/2021 Recreation Staff will include the stem cell donor information in regularly scheduled wellness event
Group 4 – items that have been completed, deferred, or withdrawn

Attachment 3
List of Completed, Postponed or Withdrawn Items
80 Performance Evaluation (Contract) of City
Attorney
Tran 1/5/2021 N/A Council, CAO Multiple Council closed session discussions held. Council voted to move to a full time in‐house City Attorney on 6/21,
additional direction on next steps to be provided to staff in August.
81 PG&E power outage plan presentation to
Council
Tran 1/19/2021 No CMO Presented to Council on 3/16/2021 82 Plan to put utility fines into a fund to help
small businesses in the City
Montano 12/15/2020 N/A Finance Directed staff on 2/02/2021 to approve policy recommendations temporarily suspending penalties for
delinquent fire permit fees, and delay or waive business lic. tax collections but no direction to create a separate fund. On 2/16/2021 Council approved waiving business license penalty between Jan 1 ‐ May 31, 2021. Also, the utility late fee and water shut off have been suspended consistent with State Emergency Order (through Sept 31, 2021). Also, Council
allocated ARPA funds to assist small businesses.
83 Policy for Proclamations and
Commendations
Nuñez, Phan 8/20/2019 N/A CMO Withdrawn 6/2/2020
84 Policy for Social Media Nuñez, Phan 8/20/2019 N/A CMO, CAO Withdrawn 6/2/2020; policy already approved by Council 85 Pollination protection Dominguez 1/5/2021 Yes CMO Deferred on 2/02/2021; did not receive a majority vote on 2/02/2021 council meeting
86 Postponement (not waiver) of penalties
related to City business fees
Tran 1/5/2021 N/A Finance On 2/16/2021 Council approved waiving penalties until May

31. The suspension of penalties is now no longer in effect. 87 Prepare a report on ghost guns; engage in
legislative advocacy regarding ghost guns;
and incentivize ghost gun buybacks at the
May buyback event.

Dominguez
Tran
4/5/2022 Police An Information Memorandum was distributed on August 12, 2022.
88 Prepare Vision Zero Action Plan Tran 6/7/2022 Engineering, Police February 2023 update: At the January 31, 2023 City Council budget hearing, the City Council supported staff's
recommendation to drop this item from the priority list due to the expense of the study as well as the fact that many traffic safety initiatives and projects are already underway in the City of Milpitas.
89 Proclaim Saturday, March 19, 2022 as Chez
the Ice Cream Man Appreciation Day
Tran 3/1/2022 No City Clerk Proclaimed at the 3/15/2022 Council Meeting 90 Proclamation and support for face coverings Montano 4/7/2020 N/A CMO, CAO 4/21/2020. CC directed City Manager to issue regs 91 Propose building height limits in area east of
Milpitas Blvd.

Tran 12/15/2020 Yes Planning City Council adopted Zoning Ordinance amendment to limit bldg heights in commercial areas adjacent to low‐density residential area, including east of Milpitas Blvd. on
10/04/2022.
92 Provide Commissioners appreciation gifts Chua 10/19/2021 Yes CMO, Finance Staff placed the order of fleece jackets the week of March 14th. Depending on the stock, the appreciation gifts will be distributed during the first two weeks in April 2022.
93 Read "Code of Conduct" aloud prior to each
City Council meeting
Montano 6/2/2020 N/A CAO Approved 8/18/2020. City Attorney began this practice 9/01/20
Group 4 – items that have been completed, deferred, or withdrawn

Attachment 3
List of Completed, Postponed or Withdrawn Items
94 Reduce the City’s Senior Center facilities
deposit for the Auditorium/Community
Room
Montano 5/4/2021 Yes Recreation, Finance Council approved the reduction of the facilities deposit as part of the adoption of the FY 2022‐23 Master Fee Schedule
Resolution. Will be brought forward on 4/19 as part of Master Fee Schedule discussion.
95 Reduce the park rental fees for the Samuel
Ayer High School reunion
Montano 2/1/2022 No Recreation Approved at 3/15/2022 Council meeting. Info Memo on City Council Policy on Fee Waivers & Reductions was sent out on 3/8/2022
96 Rename Augustine Park to include
"Sunnyhills"
Tran, Montano 9/17/2019 N/A Recreation Approved on 2/4/2020 97 Rename portion of Dixon Landing Rd., as
Barack Obama Boulevard
Nuñez, Phan 8/20/2019 N/A Planning, CMO Deferred indefinitely 98 Report from staff on 2nd federal stimulus
package ‐ action plan on funds
Chua 12/15/2020 N/A CMO, Finance Info Memo sent to Council on 12/23/2020 99 Report on parking in The Pines Nuñez 1/7/2020 N/A Engineering 2/18/2020 100 Report on speed cameras like Fremont
(radar displays) ‐ no enforcement
Phan 1/7/2020 N/A Police 1/28/2020, 3/24/2020, 4/14/2020 101 Request for Dumpster Days Tran 1/7/2020 N/A PW Program initiated in Spring 2021 102 Requested a meeting for the subcommittee
for the Old Town Main Street be scheduled
next month
Montano 1/18/2022 No CMO The Subcommittee meeting was hed on April 12 at 4:30pm. 103 Requested an agenda item on November 2
Council meeting allowing the Council to rescind
direction given to 1355 California Circle and
include direction to allow the project
application to move forward without being tied
to a specific plan
Chua 10/19/2021 Planning At the 1/18/2022 council meeting, Council voted 4‐1 to rescind the direction and direct staff and the application to explore option one in the presentation to amend the General Plan and remove Council policy for the preparation of a Specific Plan
104 Requested discussion and for staff to look at
creating a pilot project to accommodate
pickleball at Peter Gill Park and would like a
feasibility study with a goal of making these
courts multi‐purpose
Chua 11/16/2021
1/18/2022
Yes CMO, Recreation, Engineering, Public Works City Council approved the pilot on 3/15/2022 105 Requested staff work with the Vice Mayor and
Mayor to explore and discuss building height
limits near the hillside by January 2022
Tran 9/21/2021 Planning Second reading of draft Zoning Ordinance scheduled for 08/16/2022
106 Requested that staff study the placement of
a City sign for the Milpitas Police
Department and explore the cost of a new
sign
Dominguez 1/18/2022 Public Works, Police Lighted signage for the Police Department and Public Works and IT was installed and completed the week of January 24th 2023. Landscaping was completed in the Summer of 2022.

This item is completed.
107 Requested that the City have mini‐libraries
in the low‐income areas of the City.

Montano 4/20/2021 Planning 8/09/2021 Council voted 3‐1‐1 to move this item forward, staff to follow up with Vice Mayor Montano on specific vision.

Staff met with the Vice Mayor. The City will continue to facilitate libraries as needed but will not take a lead role in funding or operating them.

Group 4 – items that have been completed, deferred, or withdrawn

Attachment 3
List of Completed, Postponed or Withdrawn Items
108 Requested the City Attorney’s office explore
encampment ordinances form the City of
Oakland, Los Angeles, or other regional
cities and would like a discussion on the
existing policies to be brought back before
the July recess.

Tran 2/15/2022 City Attorney 4/19/2022 direct the City Attorney to make the recommended changes to the Municipal Code to remove and prohibit
property in public; the City Attorney will bring forward an ordinance in September 2022.
109 Requested the City create a youth
scholarship fund for under privileged kids to
play sports
Montano 5/17/2022 Recreation As part of the adoption of the FY 2022‐23 Budget, the City Council allocated $20,000 for this program. Staff will bring forward a policy framework for this program for Council approval in September 2022.
110 Requested the City extend the outdoor
dining options through March of next year
Phan 9/21/2021 Planning Emergency Outdoor Dining program extended. Draft zoning ordinane with standards for permanent outdoor dining
prepared and now under review. Planning expects bring
forward draft ordinance for PC and Council consideration before the end of 2022.
111 Require implicit bias training for City
Council, Commissioners & staff
Dominguez 6/16/2020 N/A Human Resources This item has been completed. The training was held on January 7, 2022 (for City Council) and various dates for staff.

Training information was also sent to all Commissioners. 112 Resolution in support of elimination of
discrimination v. women
Dominguez 1/7/2020 N/A CMO, CAO 5/19/2020 Reso. Adopted 8/04/2020 Ord. adopted Group 4 – items that have been completed, deferred, or withdrawn

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving a Site Development Permit, Conditional Use Permit, Vesting Tentative Map, Density Bonus Permit, Tree Removal Permit, and Environmental Assessment to Allow the Development of 43 Townhome Condominiums with 13 Accessory Dwelling Units and Associated Site Improvements at 1905 Tarob Court (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Category: Public Hearings-Community Development
Meeting Date: 6/11/2024
Recommendation: Adopt a resolution to approve Site Development Permit No. SD23-0011, Conditional Use Permit No. UP23-0007, Vesting Tentative Map No. MT23-0001, Density Bonus Permit No. DB23-0002, Tree Removal Permit No. TR23-0015, and Environmental Assessment No. EA23-0002 to allow the development of 43 townhome condominiums with 13 accessory dwelling units and associated site improvements at 1905 Tarob Court subject to the Conditions of Approval.

BACKGROUND:

The City of Milpitas received an application from Toll Brothers (applicant) requesting a Site Development Permit, Conditional Use Permit, Vesting Tentative Map, Density Bonus Permit, Tree Removal Permit, and Environmental Assessment to allow the development of a 43-unit townhome condominium subdivision, comprised of eight multifamily buildings up to 39 feet in height, 104 parking spaces, and associated site improvements on a 2.3-acre site located at 1905 Tarob Court (Project) in the Tango District of the Milpitas Metro Specific Plan (formerly Trade Zone/Montague Subdistrict of the Transit Area Specific Plan – TASP area). The application was submitted in accordance with California Senate Bill 330 (SB 330), also known as the Housing Crisis Act of 2019.

Since the applicant qualifies for SB 330 status and submitted a pre-application before the adoption of the Milpitas Metro Specific Plan, the Project will be reviewed against the TASP area development standards as required by state law under Government Code section 65589.5(o).

The proposed Project consists of 6 two-bedroom, 11 three-bedroom, and 26 four-bedroom townhome condominium units. All 43 townhome units will have an attached two-car garage. 8 of the four-bedroom units will also have a ground-floor, attached accessory dwelling unit (ADU). All ADUs will be studio units. Six (6) of the townhome condominiums (1 two-bedroom, 1 three-bedroom, and 3 four-bedroom, and 1 four-bedroom with an ADU townhomes) will be reserved for moderate-income households (below 80 percent Average Median Income).

Additionally, the project must pay a Housing in-lieu fee for 0.45 units to fully comply with the City's Affordable Housing Ordinance.

Since the applicant proposes to restrict the sale of more than 10 percent of the townhome units to moderateincome households, the Project qualifies for one concession and multiple waivers under the State Density Bonus Law.

The proposed Project requires five entitlement approvals, as follows:

1. Site Development Permit No. SD23-0011: To allow the development of eight multi-family buildings, up to three stories in height, with 43 townhouse condominiums and 13 accessory dwelling units on the 2.3-acre site; and

2 2. Conditional Use Permit No. UP23-0007: To allow the subdivision of the residential units into condominiums; and

3. Vesting Tentative Map No. MT23-0001: To establish 43 residential condominium spaces, related common areas, and associated easements; and

4. Density Bonus Permit No. DB23-0002: To ensure the Project is compliant with State Density Bonus law and regulations; and

5. Tree Removal Permit No. TR23-0015: To remove 21 ordinance-sized trees and replace them with up to 107 new trees.

Although not an entitlement, Environmental Assessment No. EA23-0002 was prepared to establish CEQA compliance.

California Senate Bill 330 (SB 330) is a statewide bill intended to accelerate housing production in California. It became effective on January 1, 2020; Senate Bill 8 (SB 8) extended SB 330 through January 1, 2030. Under SB 330, eligible projects receive enhanced streamlining and vesting opportunities by filing a preliminary application, which:
• Freezes the ability of local governments to downzone, adopt new development standards, or change land use in residential and mixed-use areas if the change results in less-intensive uses; • Allows developers to request approval of housing developments that exceed density and design controls of the underlying zoning if the existing zoning conflicts with the General Plan or a Specific Plan; and • Expedites the permitting process for all housing development and limits the list of application materials that cities can review.

Through the Housing Accountability Act, the state requires a local jurisdiction to approve housing consistent with applicable, objective land use standards. Under the State Density Bonus Law, the state also requires a local jurisdiction to approve waivers and concessions for projects that meet certain affordability requirements.

Consistent with state law, planning staff has determined the proposed Project is consistent with applicable, objective development standards provided under SB 330 and meets the requirements for waivers and incentives/concessions under the State Density Bonus Law. A local government agency can deny an eligible housing project only if there is strong evidence that denial is the only way to avoid an adverse impact on public health and safety.

On May 22, 2024, the City of Milpitas Planning Commission voted unanimously (7-0) that the Project is consistent with the policies, standards, and processes outlined in the State Density Bonus Law, the City of Milpitas 2040 General Plan, the Transit Area Specific Plan (TASP), the Zoning Ordinance, and other provisions of the Milpitas Municipal Code (MMC), and recommended that the City Council conduct a the public hearing, consider the exemptions in accordance with CEQA and adopt Resolution No. 23-021, approving the proposed Project, subject to certain conditions of approval. The balance of this report provides specific details regarding the proposed Project.

ANALYSIS:

This section will evaluate elements of the proposed Project for conformance with the Milpitas 2040 General Plan, the 2008 Transit Area Specific Plan, the Zoning Ordinance, and other provisions of the Milpitas Municipal Code, Senate Bill 330, and State Density Bonus Law.

Milpitas 2040 General Plan Conformance

3 The General Plan designation for the Project site is Milpitas Metro Specific Plan (MMSP), which was adopted on February 7, 2023. Since the applicant submitted a pre-application and invoked SB 330 on February 3, 2023, the TASP development standards apply for this project. The MMSP and TASP standards intend to facilitate higher intensity, mixed-use neighborhood development near the Milpitas Transit Center to encourage walking, biking, and alternative modes of transportation for residents and employees in the immediate area.

The Project is in conformance with the applicable policies and standards in the City's General Plan, as outlined in Table 1:

Table 1: General Plan Consistency
Policy Conformance
Policy LU 1-4: Continue to provide for a
variety of housing types and densities that
meet the needs of individuals and families
and offer residents of all income levels, age
groups, and special needs sufficient housing
opportunities and choices for locating in
Milpitas.

Consistent. The Project provides townhome condominiums
and accessory dwelling units. This variety of housing types will meet the needs of individuals, families, and residents of all demographics and income levels. The Project includes 6 affordable and 37 market-rate townhome condominiums,
consistent with the policy to provide housing types for all income levels.

Policy LU 1-8: Maintain equitable land use
patterns to ensure that all residents in
neighborhoods have access to community
amenities and transportation choices, and
have safe places to walk and bike.

Consistent. The Project is located directly east of the future Augustus Rathbone Park extension. Furthermore, the
Project’s off-site improvement plan includes connecting Tarob Court with Sango Court, which will provide Tango
District residents an additional connection to Montague Expressway. These improvements will ensure all residents in the Tango District area have greater access to community amenities and transportation choices.

Policy LU 5-3: Ensure new development is
consistent with specific height limits
established within the City's Zoning
Ordinance as applied through the zoning
district for all properties within the City.

Consistent. The Project meets the height standards by
proposing three-story buildings, up to 39 feet in height, in a zoning district that allows building heights up to 75-feet. The Project's height is consistent with the recently entitled townhome project at 2001 Tarob Court, which will have
buildings up to 50 feet in height, and 675 Trade Zone Blvd, with 37-foot-tall residences.

Transit Area Specific Plan Conformance
The TASP land use designation for the Project is High-Density, Transit-Oriented Residential. This designation provides for medium-density residential uses within the Trade Zone/Montague Subdistrict. As demonstrated in Table 2, the Project is consistent with the applicable TASP land use policies.

4 Table 2: TASP Consistency
Policy Conformance
Policy 3.4: Provide a variety of housing types for
different types of households, different income
levels, different age groups, and different lifestyles.

Consistent. The Project provides townhome
condominiums and accessory dwelling units. This
variety of housing types will meet the needs of
individuals, families, and residents of all demographics and income levels. The Project includes 6 affordable, 5 ADA-accessible, and 32 standard townhome
condominiums, consistent with the policy to provide
housing types for all age and income levels, including
households with special needs.

Policy 3.2: Affordable housing units should be
provided with new housing developments.

Determine affordable unit requirements on a
project-by project basis, considering the size of
the project, the location of the site, and the mix of
affordable units in the Midtown Area. Allow
housing developments of 12 units or less to pay a
fee in lieu of providing affordable units.

Consistent. The Project conforms to the City’s
Affordable Housing Ordinance by designating six out of
the 43 townhome units, or 15 percent of the base
number of units, for moderate-income level individuals
or households. The additional .45 unit required will be made whole by paying a fee in lieu of providing
affordable units.

Policy 3.3: Affordable housing should be
integrated into all residential projects.

Consistent. The Project includes 6 affordable
townhome condominiums integrated into the design.

The townhomes differ in type (1 two-bedroom, 1 threebedroom, and 4 four-bedroom units) to provide variety.

These specific units will be restricted to moderateincome individuals or households for purchase.

Furthermore, the Project includes 13 ADUs, which are
considered "affordable by design" meaning they are
small and efficiently designed yet include adequate
amenities to serve as a dwelling unit for an individual or small household.

Zoning Conformance
The project site is zoned R3 Multiple-Family High Density Residential with a Transit-Oriented Development (TOD) Overlay. As demonstrated in Tables 3 and 4, the project is consistent with most of the applicable development standards for the R3 Multiple-Family High Density Residential Zoning District and TASP area.

Where the project is not in compliance with objective standards, the applicant may deviate the standards by invoking State Density Bonus Law.

5 Table 3: Summary of TASP R3-TOD Development Standards Development
Standard
(R3-TOD)
Required Proposed Conformance
Density 21-40 du/ac 25.5 du/ac; 56 units total Yes
Front yard
Setback
(from Tarob
Court)
8 foot-15 foot (max.) from
back of sidewalk 12 feet Yes
Front yard
Setback
(from Sango
Court)
8 foot-15 foot (max.) from
back of sidewalk 8 feet Yes
Side Yard
Setback
15 foot (min.), 20 foot over
three stories when abutting
residential
15 feet Yes
Rear Yard
Setback
15 foot (min.), 20 foot over
three stories when abutting
residential
15 feet Yes
Height Up to 75 feet 39-feet Yes
Landscaping
A minimum of twenty-five
percent (25%) of the total lot
area shall be landscaped or
recreational open space.
25% x 2.2 = 0.55 acres /
23,958 sq. ft. required

0.63 acres / 27,632 sq. ft. Yes
Private Open
Space
An average of 200 sq. ft. of
usable open space shall be
provided for each dwelling
unit.
200 sq. ft. x 43 units = 8,600
sq. ft.

Balconies and porches may
be no less than 60 sq. ft. and
patios no less than 100 sq.
ft.
5,690 sq. ft. (private open
space) + 27,632 sq. ft.
(on-site open space) =
33,322 sq. ft.

Private balconies range
from 60 sq. ft to 174 sq. ft.

Yes
In addition, projects located in the TASP/MMSP area must comply with the additional development and design standards outlined in Table 4:

6 Table 4: Additional Development Standards Applicable in the TASP/MMSP Standard Proposed Conformance
Projections into
Required Yards
Porches, stairs, balconies, bay
windows, and awnings may
project up to six feet into required
setbacks.

Porches, stairs,
balconies, bay
windows and
awnings project
less than six feet
into required
setbacks
Yes
Building Orientation
and Entrances
Building must face the street, and
primary building entrances must
be oriented toward the street.

Buildings are
either facing the
external streets,
internal streets,
future Augustus
Rathbone Park, or
internal paseos
Yes, with approval of
a Density Bonus
Waiver
Vehicle Parking
Studios (ADUs) – 13 spaces
Two / Three Br. Units – 27
spaces
Four Br. Units – 68 spaces
Guest Parking – 19 spaces
Total – 127 spaces
86 garage spaces
18 surface spaces
Total – 104
spaces
Yes,
with approval of a
Density Bonus Permit
Bicycle Parking
On-street guest racks equivalent
to five percent (5%) of the
parking requirement.

Six (6) bicycle parking spaces
Six (6) bicycle
parking spaces Yes
Parking Location Parking must be located so that it
is not visible from the street.
43 private garage
entrances face the
interior drive aisle
Yes
Parking Garages
attached to individual
units
Garages may not occupy more
than 50% of Ground Level
Frontage facing street.

No parking garage
is facing the street
frontage.

Yes
Parking Access and
Curb Cuts
Maximum two curb cuts per lot
per street frontage
Two curb cuts
along Tarob Court
(one curb cut at
the Tarob/Sango
connection
Yes

7 Standard Proposed Conformance
Park Acreage
Requirements

0.04 acres (after payment of
TASP/MMSP fee) must be
provided

0.29 acres Yes
State Density Bonus Law
To encourage affordable housing production, the State Density Bonus Law (Gov. Code § 65915 et seq.) allows developers to receive a density bonus and other incentives, such as concessions, waivers, and parking reductions when affordable housing is incorporated within a project. The Density Bonus is a state mandate, and any Project that meets the state law requirements is entitled to receive the associated incentives.

The applicant may request waivers and concessions under the State Density Bonus Law because the Project reserves more than 10 percent of total units as affordable units for moderate-income households. The Project includes six affordable units, which satisfies State Density Bonus Law and the City’s Affordable Housing Ordinance requirement. Since the applicant meets State Density Bonus Law, the City must grant any waivers and concessions the applicant requests for a qualifying project under the State Density Bonus Law. Since the vast majority of the project is designed to meet City standards, the applicant has chosen not to apply for any concessions. The applicant has only asked for a waiver for the building orientation, as discussed further in the report.

Table 5 outlines the waiver requested for the proposed Project.

Table 5: State Density Bonus – Concessions, Waivers, and Incentives Type of
Modification Standard Applicant Request Justification Discretion Waiver Building
Orientation
and
Entrances
29 buildings
facing either
internal
courtyard,
shared
courtyard, or
future Augustus
Rathbone Park
TASP requires
building
entrances face
streets
In order to provide

25.5 du/acre and
parking garage
access, the
developer had to
design a proposal
that required
certain building
entrances to face
internal courtyards
instead of streets.

This waiver is allowed under
State Density Bonus Law
and must be granted by the
City.

State Density Bonus Waiver
TASP Table 5-1 (Development Standards) states “Buildings must face the street; and primary building entrances must be oriented toward the street.” The Project proposes eight primary buildings. Six primary buildings have entrances that do not face a public or private street. Building 1 has entrances facing an internal courtyard.

Buildings 3, 4, and 5 have entrances facing the future Augustus Rathbone Park, Building 6 has entrances facing a joint internal courtyard with the Geomax I project, and Building 7 has entrances facing an internal courtyard, as shown on Figure 1.

8 Figure 1 – Building Layout
Since most primary buildings do not face street frontages, the applicant has requested a waiver for the objective standards, as permitted by State Density Bonus Law. Staff supports the waiver because facing primary entrances to streets may limit the number of residential units allowed on the site. Furthermore, a waiver must be granted because the Project includes enough affordable units to qualify for State Density Bonus.

State Density Bonus Parking Concession
An applicant who qualifies for a density bonus (under State Density Bonus Law) may propose reduced parking standards. Projects located in the TASP area typically require 1.6 to 2.0 vehicle parking spaces for each twoand three-bedroom unit. Studios generally require 1.0 vehicle parking spaces per unit. The project must also provide an additional 20 percent of the required parking as vehicle parking spaces for guests. However, under State Density Bonus Law and upon a developer's request, the City must allow a reduction in vehicle parking, as shown in Table 6.

Table 6: Maximum Parking Requirements (under State Density Bonus Law) Type of Unit (or Guest Parking) Number of Vehicle Parking Spaces Zero to One Bedroom 1.0 spaces
Two-Bedroom and Three-Bedroom 1.5 spaces
Four-Bedroom 2.5 spaces
Guest Parking Zero spaces
The applicant has requested reduced parking standards, as demonstrated in Table 7.

9 Table 7: Parking Analysis (under State Density Bonus Law) Land Use Unit
Count Rate
Maximum
Spaces
Required
Spaces
Provided Notes
Two-bedroom and
Three-bedroom 17 1.5 / unit 26 34
Four- bedroom 26 2.5 / unit 65 52
Studio (ADU) 13 1 / unit 13 0
Guest Parking N/A 0 18
Included as part of the total
number of parking spaces
required under the State
Density Bonus Law
Total 104 104
In summary, each townhome includes a two-car, side by side, attached garage. In addition, 18 surface parking spaces will be provided for guests along the internal street network, making a total of 104 vehicle spaces. The proposed number of parking spaces is equivalent to the total number of parking spaces contemplated under the State Density Bonus Law. The applicant is additionally entitled to one concession under the State Density Bonus law and requests to apply it to cure any irregularity in the total number of spaces required.

Subdivision Ordinance
The City of Milpitas Public Works Department has reviewed the Project's form, content, and dedications of the proposed tract map and deemed it consistent with MMC Section XI-1-4 (Tentative Maps) provisions, as outlined in the findings within Resolution No. 23-021. Tentative Maps require the Planning Commission to recommend final approval by the City Council.

Architectural Design
The Project's design concept includes three-story buildings consistent with existing and planned residential development patterns within the Tango area. The contemporary design includes the following design accents and materials:
• Roof: Composition Shingle (Gray)
• Exterior: Vertical Fiber Cement Siding and Stucco
• Accents: Coronado Stone and Metal Railings
• Lighting: Wall Sconce (Black)
• Entry Door: Modern Front Entry Door
• Garage Door: Cloplay Bridgeport Steel Garage Door
The Project conforms with the majority of TASP design guidelines, which require well-articulated exterior walls with consistent style and materials, muted colors for primary building walls with richer accent colors, and integrated parking. Furthermore, the Project has a harmonious architectural style to the Parkside development located across the street on Tarob Court. A rendering of the Project is shown in Figure 2 and proposed colors and materials are shown in Figure 3.

10 Figure 2 – Proposed Project Facing Augustus Rathbone Park Figure 3 – Colors and Materials Board
Tree Removal and Landscaping Requirements
The landscaping plan within the Project demonstrates 36 existing trees to be removed. 21 of those trees are ordinance-sized and considered “protected” per MMC Section X-2.7.01-1. The applicant proposes to plant up to 107 new trees on site to mitigate the 36 trees being removed. By proposing to plant over 57 new trees, the applicant is maintaining conformance with MMC Section 7 – Tree Protection and Heritage Tree Program.

Additional proposed landscaping includes various shrubs, grasses, and vines (New Zealand Flax, Manzanita, Reed Grass, and Creeping Fig) planted along the internal paseos and front yards, as demonstrated in Figure 4.

11 Figure 4– Landscape Plan
Parkland and Open Space Requirements
The TASP requires all new developments to provide 3.5 acres of parkland for every 1,000 persons or payment of park in-lieu fees, as allowed by MMC Section XI-1-9 (Improvements: Dedication of Land or Payment of Fee or Both, for Recreational Purposes). The Parkland Fee is based upon the estimated number of persons expected to reside in the development (per U.S. Census definitions) and the estimated value of parkland in the City of Milpitas (currently $2,787,840 per acre).

The City estimates 2.49 people will occupy each unit. The Project proposes 43 units, resulting in an estimated population of 107 new residents. Based on this population estimate, the applicant must provide 0.37 acres of parkland, equivalent to approximately $1,044,729.

All projects in the TASP area are required to pay a Transit Area Development Impact Fee (TADIF). A portion of that fee pays for parkland. The park portion of the TASP fee for this project is valued at $927,269, equivalent to

0.33 acres of parkland. This amount will be applied to the Project's parkland requirement, leaving a delta of 0.04 acres to be satisfied.

To satisfy the 0.04 acre delta, the applicant has incorporated 0.29 acres as private recreation space on-site, as permitted by MMC Section XI-1-9. For example, each townhome has private patios and balconies totaling 5,690 square feet. In addition, the Project includes an additional 12,844 square feet of on-site residential open space, which include grassy areas and internal paseos. The parkland requirement is met by designing these elements into the Project, as demonstrated in Table 8 below.

12 Table 8: Parkland Requirements Analysis
Toll Brothers Townhomes Proposed 43
Toll Brothers Townhomes Population Estimate
(2.49 persons/unit per Census) 107 persons
TASP Parkland Requirement 3.5 acres/1,000 people or equivalent fees-in-lieu
Total Parkland Acreage or In-Lieu Fee Required 0.37 acres / $1,044,729 Amount Satisfied Through TASP Fees (Acreage/Dollars) 0.33 acres / $927,269 Remaining Parkland Acreage or In-Lieu Fee Required 0.04 acres / $117,459 Private Recreation/Open Space Included in the Project 0.29 acres Balance of Parkland Acreage or In-Lieu Feed Due 0.00 acres / $0 Accessory Dwelling Units
The Project includes 13 attached ADUs located on the ground floor of 12 four-bedroom townhome condominiums. Each integrated ADU is a studio unit with a living/sleeping area, bathroom, kitchenette, and separate front door entrance, as demonstrated in the two options in Figure 7 below.

Figure 7 – Townhome/ADU Floor Plan
Although the proposed ADUs are considered residential units (for density purposes), their integral design limits the City’s ability to charge development fees (such as TADIF or Park-In Lieu Fees).

Per Government Code Section 65852.2. (f)(3)(A), A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. The proposed ADUs range in size between 282 and 362 square feet in size, thus qualifying for the impact fee exception under State law.

13 Affordable Housing Ordinance
According to MMC Section XII-1-3.00 (Affordable Housing), the applicant must reserve fifteen percent (15%) of the total number of dwelling units within the development as affordable units. For this project, the applicant must provide 6.45 affordable units. The applicant proposes to meet the City’s affordable housing requirement by reserving 6 units on-site for moderate-income households, which includes 1 two-bedroom, 1 three-bedroom units, 3 four-bedroom units, and 1 four-bedroom unit with an ADU. The project has been conditioned to execute an agreement imposing appropriate ownership controls on the affordable units. The applicant will also pay an in-lieu fee for the 0.45 unit required. The applicant has also demonstrated where such units will be cited on the property, as demonstrated in Figure 8 with the red dots.

Figure 8 – Affordable Units
Traffic and Access
Vehicular access to the project site will be provided two driveways with direct ingress/egress from either Tarob Court or the newly expanded Sango Court. An internal private street grid will provide access to the 43 private residential garages. In addition, 18 guest parking spaces will be provided along Court A and Street A, including an ADA-compliant spaces and two electric vehicle parking spaces. The EV parking spaces will provide full charging facilities.

14 Grading
The proposed Project would result in the demolition of all existing structures, paving, and landscaping on the subject site. Subsurface excavations for the foundations and utilities would likely occur to a depth of eight feet.

It is anticipated a total of 1,000 cubic yards of soil would be cut, and 9,000 cubic yards would be used for fill to pad the site and increase the finish grade heights to meet flood zone requirements. A total of approximately 2,000 tons of construction debris are anticipated to be removed from the project site during demolition of the existing buildings.

Utilities
The project site is in an urban area and is currently served by existing utilities, including water, sanitary sewer, storm drainage, electricity, and telecommunications infrastructure. All public utilities will be provided to the Project site.

Climate Action Plan
The City of Milpitas Climate Action Plan (CAP) was adopted in 2022 and included Greenhouse Gas (GHG) reduction goals, policies, and actions for new and existing development projects. The Project would follow these goals and policies by locating future residents near public transportation, jobs, restaurants, and services and incorporate green building measures in compliance with CAL Green standard building measures for residential buildings and Title 24 requirements to reduce energy usage.

POLICY ALTERNATIVE(S):

Alternative 1: Deny the applicant’s request for a Site Development Permit, Conditional Use Permit, Vesting Tentative Map, Density Bonus Permit, Tree Removal Permit, and Environmental Assessment.

Pros: Denial of the Project would allow the site to remain legal non-conforming industrial uses, with the possibility a higher density residential project would be submitted. A higher density project would generate more impact fees to pay for needed infrastructure.

Cons: Denial of the Project would deprive the City of 43new residential units, 6 of which are reserved for below market rate households. The Project would further support affordable housing needs within the region, including the City’s Regional Housing Needs Allocation (RHNA). Denial of the project would also be contrary to the goals and objectives of State and local density bonus laws.

Reason for Not Recommending: The proposed Project is consistent with the City’s General Plan, Transit Area Specific Plan (Metro Plan), and zoning, all of which support the development of affordable housing within proximity to transit. The Project includes 6 townhomes reserved for moderate-income households in addition to 13 attached accessory dwelling units, which are designed with affordability in mind, increasing the number of affordable units in the City of Milpitas and providing more options of housing for its residents. The Project complies with the affordability provisions of the State Density Bonus Law and qualifies for the waivers and parking reductions requested by the applicant. The project complements nearby residential projects.

FISCAL IMPACT:

The Project is subject to the following impact fees:

TASP Impact Fee
The TASP impact fee is currently set at $50,056/unit for residential uses for the Fiscal Year 2023-2024, but the exact TASP fee will not be calculated until the building permit is ready for issuance. Based on the development of 43 residential units, the estimated TASP impact fee for this Project is approximately $2,152,408 ($50,056/unit x 43 units). This fee is automatically adjusted each fiscal year in conjunction with the City's annual budget process. The applicant must pay the fee before the building permit issuance.

15 Parkland Impact Fee
A portion of the TASP impact fee includes a portion of the parkland in-lieu fee. Therefore, by paying the TASP impact fee and developing at least 0.04 acres of public and private open space, the applicant will meet the parkland fee requirement without paying additional parkland fees. As previously stated, the applicant has proposed to develop 0.29 acres of private open space. Therefore, no additional park-in lieu fee will be required.

Public Art Fee
The Project will comply with the City's Public Art Requirements for Private Development, as set forth in Milpitas Municipal Code Section XI-10-14. This fee is currently set at one-half of one percent of building development costs. The proposed Project will pay the fee based on the construction valuation at the building permit issuance.

Affordable Housing Fee
The project will comply with the City’s Affordable Housing, as set forth in Milpitas Municipal Code Section XII-1-

3.00. The applicant will be providing 6.45 affordable units, but dedicating 6 units on-site for moderate-income households, which includes 1 two-bedroom, 1 three-bedroom units, 3 four-bedroom units, and 1 four-bedroom unit with an ADU. The applicant will be required to pay an in-lieu fee for the remaining 0.45 unit, which is calculated at building permit issuance.

The City Council may make specific findings that there is (1) an essential nexus between these fees and the Project, and (2) that the fees are roughly proportional to the Project’s impact on the City’s land use interest.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The City prepared an environmental assessment in accordance with the requirements of the California Environmental Quality Act (CEQA), as amended, and state and local guidelines implementing CEQA. The proposed Project is exempt from further environmental reveiw pursuant to CEQA Guidelines Section 15183.3(b) (Residential Infill). Exhibit 2 of Attachment A of the Resolution for the proposed Project is a memorandum demonstrating compliance with CEQA Guidelines Section 15183.3(b). As a separate and independent basis, the Project is also exempt from further CEQA review pursuant to CEQA Guidelines Section 15182 (Projects Consistent with a Specific Plan). The proposed Project is generally consistent with the Milpitas Transit Area Specific Plan.

RECOMMENDATION:

Adopt a resolution to approve Site Development Permit No. SD23-0011, Conditional Use Permit No. UP23-0007, Vesting Tentative Map No. MT23-0001, Density Bonus Permit No. DB23-0002, Tree Removal Permit No. TR23- 0015, and Environmental Assessment No. EA23-0002 to allow the development of 43 townhome condominiums with 13 accessory dwelling units and associated site improvements at 1905 Tarob Court subject to the Conditions of Approval.

ATTACHMENT(S):

Attachment A: City Council Resolution (with COA’s and CEQA exemption memorandum) Attachment B: Planning Commission Staff report dated May 22, 2024 Attachment C: Project Plans

Attachment 1
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING SITE DEVELOPMENT PERMIT NO. SD23-0011, CONDITIONAL USE PERMIT NO. UP23-0007, VESTING TENTATIVE MAP NO. MT23-0001, DENSITY BONUS PERMIT NO. DB23-0003, TREE REMOVAL PERMIT NO. TR23-0015, AND ENVIRONMENTAL ASSESSMENT NO.

EA23-0002 TO ALLOW DEMOLITION OF ONE INDUSTRIAL BUILDING, REMOVAL AND REPLACEMENT OF 21 ORDINANCE-SIZE TREES, AND DEVELOPMENT OF A MULTIFAMILY RESIDENTIAL PROJECT CONSISTING OF EIGHT RESIDENTIAL BUILDINGS, UP TO 39-FEET (THREE STORIES) IN HEIGHT, WITH 104 VEHICLE PARKING SPACES, AND ASSOCIATED SITE IMPROVEMENTS ON A 2.3-ACRE SITE LOCATED WITHIN THE TRANSIT AREA SPECIFIC PLAN / MILPITAS METRO SPECIFIC PLAN AREA AT 1905 TAROB COURT (APN 086-36-041) AND MAKING FINDINGS OF CEQA EXEMPTION WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.) (collectively, “CEQA”), the City of Milpitas is the lead agency for the proposed project described below; and
WHEREAS, on June 3, 2008, the City Council of the City of Milpitas certified an Environmental Impact Report (State Clearinghouse No. 2006032091) prepared to analyze the environmental impacts associated with the proposed Transit Area Specific Plan, and subsequently adopted the Transit Area Specific Plan (TASP); and
WHEREAS, the Transit Area Specific Plan encompasses some 437 acres and envisions the development of 7,109 dwelling units, 287,075 square feet of retail space, and 993,843 square feet of office space and industrial, and includes development standards, goals and policies guiding development within the Plan area. Due to the physical characteristics of the area, including major streets, railroads and creeks, the Transit Area Specific Plan also established sub-districts with specific goals and policies to accommodate those unique characteristics; and
WHEREAS, on February 3, 2023, Nick Kosla of Toll Brothers (Applicant) submitted a complete pre-application and paid the required pre-application fee for a multi-family residential development that includes 43 townhomes and 13 accessory dwelling units at 1905 Tarob Court, pursuant to California Senate Bill 330 (SB 330) to the City of Milpitas; and
WHEREAS, on February 7, 2023, the City Council of the City of Milpitas certified the Milpitas Metro Specific Plan Final Subsequent Environmental Impact Report (SEIR) and adopted the Milpitas Metro Specific Plan (Metro) which replaced the existing Transit Area Specific Plan and implemented key elements and strategies of the 2040 Milpitas General Plan such as expanding the Plan area from 437 to 510 acres, provided capacity for up to 7,000 additional new housing units through 2040, providing capacity of up to three million square feet of new commercial employment space, 300,000 square feet of new retail space, and 700 new hotel rooms, as well as establish an Innovation District Plan area for job creation and enhanced City revenues, and opportunities for mixed-use development on the 99-acre Great Mall site; and WHEREAS, since the Applicant submitted a complete pre-application prior to adoption of the Metro Specific Plan, the Project has the benefit to comply with the development standards associated with the TASP Specific Plan, which was in force at the time of the pre-application submittal, and WHEREAS, on July 25, 2023, Toll Brothers submitted a formal application to the City of Milpitas for the entitlements necessary to allow the development of a multi-family residential development project

Attachment 1
contemplated within the aforementioned pre-application. The project is a 56-unit townhome condominium subdivision, comprised of eight multi-family buildings up to 39 feet in height, 104 parking spaces, and associated site improvements on a 2.3-acre site located at 1905 Tarob Court in the Trade Zone/Montague Subdistrict of the Transit Area Specific Plan (TASP) area (Project). The Project requires approvals of the following entitlements:
a. Site Development Permit No. SD23-0011: To allow the development of eight multifamily buildings, up to three stories in height, with up to 43 townhouse condominiums and 13 accessory dwelling units on the 2.3-acre site; and b. Conditional Use Permit No. UP23-0007: To allow the subdivision of the residential townhome units (not including the accessory dwelling units) into condominiums; and c. Vesting Tentative Map No. MT23-0001: To establish 43 residential condominium spaces, related common areas, and associated easements; and
d. Density Bonus Permit No. DB23-0002: To ensure the Project is compliant with State Density Bonus law and regulations; and
e. Tree Removal Permit No. TR23-0015: To remove 21 ordinance-sized trees and replace them with 107 new trees.

WHEREAS, the Planning Department completed Environmental Assessment No. EA22-0003 for the Project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this Project is covered under CEQA Guidelines Section 15183.3(b) (Residential Infill) as discussed within a memorandum (the “Memorandum,” a true and correct copy of which is attached hereto and incorporated herein as Exhibit 2 to Exhibit A); and WHEREAS, the Project site is located within the TASP area and is therefore further exempt from environmental review pursuant to CEQA Guidelines Section 15182 (Residential Projects Pursuant to a Specific Plan); and
WHEREAS, the Planning Department recommends the Planning Commission determine this Project is found to be consistent with the goals, policies, and regulations of the California Density Bonus Law (Government Code Section 65915 et seq.), Milpitas General Plan 2040, Transit Area Specific Plan (Milpitas Metro Specific Plan) and Milpitas Zoning Ordinance, specifically Milpitas Municipal Code Section XI-10-54.15 (Density Bonus for Affordable Housing Developments), which permits waivers and concessions to development standards, as analyzed and documented in the staff report; and WHEREAS, the Planning Commission is an advisory body to the City Council pursuant to Milpitas Municipal Code Section XI-10-64.03 (Consideration of Concurrent Applications), where, as here, due to the application for a Tentative Map pursuant to Milpitas Municipal Code Section XI-1-4.03 and a density bonus pursuant to Milpitas Municipal Code Section XI-10-54.15, the City Council is the highest review authority for the Project and, accordingly, all review by other bodies with approval authority over the application shall be in the form of a recommendation to the City Council; and WHEREAS, the Planning Commission has reviewed the draft “Resolution of the City Council of the City of Milpitas Approving Site Development Permit No. SD23-0011, Conditional Use Permit No.

UP23-0007, Vesting Tentative Map No. MT23-0001, Density Bonus Permit No. DB23-0003, Tree

Attachment 1
Removal Permit No. TR23-0015 and Environmental Assessment No. EA23-0002 for 1905 Tarob Court,” attached hereto and incorporated herein as Exhibit A; and WHEREAS, the Planning Commission hereby finds and determines that the Project is exempt from further CEQA review pursuant to CEQA Guidelines Section 15183.3(b) (Residential Infill); and, as separate and independent basis, the Project is exempt from further CEQA review pursuant to CEQA Guidelines Section 15182 (Projects Pursuant to a Specific Plan); and WHEREAS, the Planning Commission makes and accepts as its own the findings set forth in Exhibit A attached hereto; and
WHEREAS, on May 22, 2024, the Planning Commission held a duly noticed public hearing, during which meeting the Planning Commission considered the CEQA exemption findings as well as Site Development Permit No. SD23-0011, Conditional Use Permit No. UP23-0007, Vesting Tentative Map No.

MT23-0001, Density Bonus Permit No. DB23-0002, Tree Removal Permit No. TR23-0015 and Environmental Assessment No. EA23-0002 for 1905 Tarob Court, heard a presentation from staff, and had the opportunity to hear from members of the public and closed the public hearing on the item; and WHEREAS, by adoption of Resolution No. 23-021, the Planning Commission recommended that the City Council approve Site Development Permit No. SD23-0011, Conditional Use Permit No. UP23- 0007, Vesting Tentative Map No. MT23-0001, Density Bonus Permit No. DB23-0007, Tree Removal Permit No. TR23-0015 and Environmental Assessment No. EA23-0002 for 1905 Tarob Court; and WHEREAS, the documents and other materials which constitute the record of proceedings upon which the City Council bases the recommendation and the findings contained within this Resolution are available and may be reviewed at Milpitas City Hall, located at 455 E. Calaveras Boulevard, Milpitas, California 95035; and
WHEREAS, on June 11, 2024, the City Council held a duly-noticed public hearing, during which meeting the City Council considered the CEQA exemption findings as well as Site Development Permit No. SD23-0011, Conditional Use Permit No. UP23-0007, Vesting Tentative Map No. MT23-0001, Density Bonus Permit No. DB23-0007, Tree Removal Permit No. TR23-0015 and Environmental Assessment No.

EA23-0002 for 1905 Tarob Court, heard a presentation from staff, and had the opportunity hear from members of the public; and
WHEREAS, the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence before it as a whole; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1. Recitals
The City Council has considered the full record before it, which includes, but is not limited to, such things as all published staff reports, oral and written testimony by staff, the Planning Commission, City Council and the public, and all other relevant materials and evidence submitted or provided to it.

Furthermore, the recitals set forth above are found to be true and correct and incorporated herein by reference.

Attachment 1
SECTION 2. California Environmental Quality Act Findings The proposed Project is exempt from further environmental review pursuant to CEQA Guidelines Section 15183.3(b) (Residential Infill) in that the project is located in an urban area that has either been previously developed or that adjoins existing qualified urban uses on at least 75 percent of the site’s perimeter; satisfies the performance standards provided in CEQA Guidelines Appendix M; and is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy. Furthermore, there is no reasonable possibility the project will have a significant effect on the existing environment due to unusual circumstances, no substantial changes with respect to residential infill in the immediate area have occurred since community-level environmental review was certified (June 3, 2008), and no new information has become available regarding any residential infill project has become known, and could not have been known at the time that community-level environmental review was certified and adopted. As a separate and independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15182 (Projects Pursuant to a Specific Plan).

SECTION 3. Development Fees
The project is subject to the Transit Area Specific Plan Development Impact Fee (TADIF), Parkland Impact Fee, Public Art Fee, and a fee in-lieu of creating affordable housing. The City Council finds and determines, based upon the full record before it, including studies, analysis, and approvals supporting the adoption of these fees that there is an essential nexus between these fees and the Project and these fees are roughly proportional to the Project’s impact on the City’s land use and other interests.

The purpose of the TADIF fees, as adopted on March 4, 2014, by Resolution No. 8344 of the Milpitas City Council, is to finance basic public infrastructure facilities, as identified in the Basic Infrastructure Program, as amended, that are needed to provide essential public services and assure public safety for new development within the Transit Area Specific Plan (TASP) area. The Project will be supported by the basic infrastructure facilities financed by the TADIF. The Council finds that an essential nexus exists between the basic public infrastructure facilities financed by the TADIF and the Project, which those facilities will support.

In adopting the TADIF, the City relied on a nexus study to ensure that each project within the TASP area would pay only its fair share of the basic public infrastructure facilities. The nexus study relied on the uses and densities of the parcels within the plan area in calculating the TADIF fee to be applied. The Project has the same use as contemplated in the nexus study. As such, the TADIF fees owed by the project will be roughly proportional to the basic public infrastructure facilities that the project will require. The Council finds that TADIF fee is roughly proportional to the Project’s impact on the City’s land use interest.

The purposed of the Parkland Impact Fee, as adopted on June 15, 1976, by Ordinance No. 18.17 and amended thereafter, is to finance open space for park or recreational purposes as a condition of approval of a subdivision map as contemplated by the Subdivision Map Act. The City has adopted a General Plan containing a Recreation Element with definite principles and standards for the park and recreational facilities to serve the residents of the city and through this obligation requires dedication of land, payment of a fee, or both to proportionately contribute to this plan and provide park and recreational facilities to serve future residents of such subdivision. The Project will be supported by the infrastructure financed by the Parkland Impact Fee. The Council finds that an essential nexus exists between the basic public infrastructure facilities financed by the fee and the Project, which those facilities will support.

In adopting and updating over time the Parkland Impact Fee, the City relied upon studies to ensure that each project would pay only its fair share of the basic public infrastructure facilities. The City found

Attachment 1
and determined through this study that the public interest, convenience, health, welfare and safety require that eighteen and one-half (18-½) acres of property, for each one-thousand (1,000) persons residing within this City, be devoted to park and recreational purposes. This fee is made proportionate to the population of each project and the consequent increase in infrastructure for this additional residential need. The land and fees received are used only for the purpose of providing park and recreational facilities to serve the subdivision for which received and the location of the land and amount of fees bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. The Council finds that Parkland Impact Fee is roughly proportional to the Project’s impact on the City’s land use interest.

The purpose of the Public Art Fee, as adopted on May 19, 2015, by Ordinance No. 38.821, promote the aesthetics and arts in the City of Milpitas by requiring the inclusion of a public artwork component in new private development projects in Milpitas. Developers may either include publicly accessible works of art of placement in the development itself or contribute a Public Art Program In-Lieu Contribution as a condition of project approval. This obligation therefore should foremost provide a direct public infrastructure improvement in the Project itself and only require contribution at the applicant’s decision not to install improvements within the Project. The Council finds that an essential nexus exists between the basic public infrastructure facilities financed by the fee and the Project, which those facilities will support.

In adopting the Public Art Fee, the City relied upon studies to ensure that each project would pay only its fair share of the basic public infrastructure facilities. The City found and determined through this study that the public interest, convenience, health, welfare and safety require that private residential building developments of 20 or more new dwelling units shall devote an amount not less than one-half of one percent of Building Development Costs for acquisition and installation of Publicly Accessible Art on the development site. This obligation therefore proportionally requires the developer to contribute proportionately in the first instance to the aesthetics and arts for the Project itself. The Council finds that the Public Art Fee is roughly proportional to the Project’s impact on the City’s land use interest.

The purpose of fees paid in lieu of the creation of affordable units that the applicant would otherwise be required to construct pursuant to Chapter 1 – Affordable Housing Ordinance of Title XII – Housing within the Milpitas Municipal Code are for requirements to construct fractional units of less than

0.5 units as set forth in Milpitas Municipal Code Section XII-1-3.00 – 15 Percent Affordability Requirement.

In adopting an in-lieu fee for affordable housing, the City found and determined affordable housing investment enhances the public welfare and assures that further housing development contributes to the attainment of the City’s housing goals by increasing the production of residential units affordable by households of very low, low and moderate income. Furthermore, the affordable housing fee will assure that the limited remaining developable land in the City’s planning area is utilized in a manner consistent with the City’s housing policies and needs. This obligation is determined and calculated based on the gross square footage constructed for each new residential use, taking into account any fee credits that would be applicable based on existing building area. While accessory dwelling units are not counted towards either calculating or meeting the 15% on-site affordable housing requirement pursuant to Milpitas Municipal Code Section XII-1-3.00, any payment of in-lieu fees must be based on the total gross square footage of all dwelling units developed as part of the project, including any accessory dwelling units.. The Council finds that the Public Art Fee is roughly proportional to the Project’s impact on the City’s land use interest.

SECTION 4. Vesting Tentative Map Findings (Section XI-1-20.01) The City Council makes the following findings based on the evidence in the administrative record in support of Vesting Tentative Map No. MT23-0001 as referenced as “Vesting Tentative Map Geomax II”, dated December 21, 2023, on file with the Planning Department:

Attachment 1

1. The tentative subdivision map is consistent with the General Plan.

The General Plan designation for the project site references Milpitas Metro Specific Plan (METRO), but since the applicant submitted a complete pre-application pursuant to Senate Bill (SB 330) before the METRO was officially adopted by the City Council, the TASP development standards currently apply. Both the METRO and TASP standards intend to facilitate the development of higher intensity, mixed-use neighborhoods near the Milpitas Transit Center and encourage walking, biking, and alternative modes of transportation.

The TASP designates this project site as Multiple Family – High Density Transit-Oriented Development (R3-TOD). The intent of this designation is to provide high-density housing at a density range of 21-40 dwelling units/acre. As this project proposes 25.5 dwelling units/acre, it is consistent with both the intended General Plan land use and the relevant density requirement. In addition, the Housing Element does not identify the project site for yielding affordable housing units. Therefore, there is no net loss of affordable housing opportunities.

Lastly, the Project is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 1 below:

Table 1: General Plan Consistency
Policy Conformance
Policy LU 1-4: Continue to provide for a variety
of housing types and densities that meet the needs
of individuals and families and offer residents of
all income levels, age groups, and special needs
sufficient housing opportunities and choices for
locating in Milpitas.

Consistent. The Project provides townhome
condominiums and accessory dwelling units. This
variety of housing types will meet the needs of
individuals, families, and residents of all
demographics and income levels. The Project
includes six affordable and 37 market-rate
townhome condominiums, consistent with the
policy to provide housing types for all income
levels. Additionally, an in-lieu fee into the
affordable housing fund for the remaining 0.45
units required.

Policy LU 1-8: Maintain equitable land use
patterns to ensure that all residents in
neighborhoods have access to community
amenities and transportation choices, and have
safe places to walk and bike.

Consistent. The Project is located directly east of
the future Augustus Rathbone Park extension.

Furthermore, the Project’s off-site improvement
plan includes connecting Tarob Court with Sango
Court, which will provide Tango District residents
an additional connection to Montague Expressway.

These improvements will ensure all residents in the
Tango District area have greater access to
community amenities and transportation choices.

Attachment 1
Policy Conformance
Policy LU 5-3: Ensure new development is
consistent with specific height limits established
within the City's Zoning Ordinance as applied
through the zoning district for all properties
within the City.

Consistent. The Project meets the height standards
by proposing three-story buildings, up to 39 feet in
height, in a zoning district that allows building
heights up to 50-feet. The Project's height is
consistent with the recently entitled townhome
project at 2001 Tarob Court, which will have
buildings up to 50 feet in height, and 675
Tradezone Blvd., with 37-foot tall residences.

2. None of the conditions identified in California Government Code Section 66474 exist, to wit:

A. The proposed map is not consistent with applicable general and specific plans as specified in Government Code Section 65451.

As outlined above, the Project includes the development of 43 residential condominium units with 13 ADUs, at a density of 25.5 dwelling units/acre. The Milpitas General Plan and Milpitas Metro Specific Plan/Transit Area Specific Plan land use designation applicable to the site (Milpitas Metro Specific Plan (MMSP), and High Density, Transit-Oriented Residential (HDTOR)) allows residential development at 21 to 40 dwelling units/acre. The map is therefore consistent with the General Plan and Milpitas Metro Specific Plan/Transit Area Specific Plan designations.

B. The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

The Project proposes 25.5 dwelling units per acre, consistent with the 21-40 dwelling units per acre allowed by the general plan and corresponding specific plans. Additionally, the Project is consistent with the policies associated with the MMSP/TASP, as identified in Tables 3 and 5 above, except for front building orientations facing streets and the amount of vehicle parking standards. Both standards can be waived because the Project qualifies for Density Bonus Law waivers and concessions.

C. The site is not physically suitable for the type of development.

The site is surrounded by high density, transit-oriented residential development and future park / open space lands under the City’s General Plan and zoned for this type of development under the Milpitas Metro Specific Plan/Transit Area Specific Plan. In addition, this site is suitable for the higher density development based on the location, physical attributes, and existing and proposed infrastructure improvements.

D. That the site is not physically suitable for the proposed density of development.

The project site is within the MMSP/TASP specific plan designation of Multiple Family, High Density Transit-Oriented Development (R3-TOD), permitting residential development at 21 to 40 dwelling units/acre. The site is physically suitable for the proposed density because the site

Attachment 1
has (or will have) adequate utilities, sufficient open space, and adequate residential living facilities.

E. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The Project, including the subdivision and its associated improvements, is in an urbanized area and was previously developed as an industrial building without wildlife habitat. Therefore, it will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

F. The design of the subdivision or type of improvements is likely to cause serious public health problems.

The Project, including the subdivision and its associated improvements, have been designed in a manner that will not cause serious public health problems. The Project has been reviewed and conditioned by Building, Fire, Land Development, and Utility Departments. As a result, it has been determined that the development can be adequately serviced to preserve public health and wellness.

G. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

Upon review of the subdivision map, it has been determined that the design of the subdivision or the type of improvements will not conflict with any access easements acquired by the public at large, for access through or use of, property within the proposed subdivision. The subdivision involves the vacation of a utility easement, which is no longer needed.

SECTION 5. Site Development Permit Findings (Milpitas Municipal Code Section XI-10-

57.03(F))
The City Council makes the following findings based on the evidence in the public record in support of Site Development Permit No. SD23-0011, as referenced as “Toll Bros Tarob – Geomax II”, dated December 21, 2023, on file with the Planning Department:
a. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.

The Project’s site design is consistent with the MMSP/TASP development standards for the Trade Zone/Montague Sub-district. The Project consists of 43 condominium units, 13 attached Accessory Dwelling Units and associated site amenities on a 2.3-acre site. The building’s contemporary architectural design visually relates to and is compatible with the adjacent townhome projects along Tarob Court. Colors are earth tone shades of tans and grays with black metal railings. In addition, future residents will access garages via private streets, similar to nearby residential developments. b. The Project is consistent with the Milpitas Zoning Ordinance.

The proposed Project is consistent with the Milpitas Zoning Ordinance, as demonstrated in Table 2, below. The proposed multi-family residential building is permitted in the R3-TOD MultiplePage 99 of 199 Attachment 1
Family, High Density Residential Zoning District with a Transit Oriented Development Overlay.

The project design conforms to the site and development standards of the R3-TOD zone.

The Project also conforms to MMC Section XI-10-54.015 (Density Bonus for Affordable Housing Developments) and XI-10-57.05 (Density Bonus Permits). Where exceptions from the R3-TOD standards are needed, the applicant has requested waivers and parking exceptions under the State Density Bonus Law (Gov. Code § 65915 et seq.). The requested waivers and parking exception will support the development of affordable housing on a site where it would not otherwise be possible through a strict application of the specified standard.

Table 2: Summary of TASP R3-TOD Development Standards
Development
Standard (R3-
TOD)
Required Proposed Conformance
Density 21-40 du/ac 25.5 du/ac; 56 units total Yes
Front yard
Setback (from
Tarob Court)
8 foot-15 foot (max.) from back
of sidewalk 12 feet Yes
Front yard
Setback (from
Sango Court)
8 foot-15 foot (max.) from back
of sidewalk 8 feet Yes
Side Yard
Setback
15 foot (min.), 20 foot over
three stories when abutting
residential
15 feet Yes
Rear Yard
Setback
15 foot (min.), 20 foot over
three stories when abutting
residential
15 feet Yes
Height 75 feet 39-feet Yes
Landscaping
A minimum of twenty-five
percent (25%) of the total lot
area shall be landscaped or
recreational open space.
25% x 2.2 = 0.55 acres /
23,958 sq. ft. required

0.63 acres / 27,632 sq. ft. Yes
Private Open
Space
An average of 200 sq. ft. of
usable open space shall be
provided for each dwelling unit.
200 sq. ft. x 43 units = 8,600 sq.
ft.
5,690 sq. ft. (private open
space) + 27,632 sq. ft. (onsite open space) = 33,322 sq. ft.

Yes

Attachment 1
Development
Standard (R3-
TOD)
Required Proposed Conformance
Balconies and porches may be
no less than 60 sq. ft. and patios
no less than 100 sq. ft.

Private balconies range from
60 sq. ft to 174 sq. ft.
c. The Project is consistent with the Milpitas General Plan.

The proposed Project is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 1 above. Furthermore, as the Project is an eligible housing project under the State Density Bonus Law, Government Code Section 65915(p)(5), the Project is entitled to waivers and reduced parking requirements. The requested waivers and parking exception will support the development of affordable housing units on a site where it would not otherwise be possible through a strict application of the specified standard.
d. The Project is consistent with the Transit Area Specific Plan The proposed Project is consistent with the applicable policies and design guidelines of the TASP/METRO, as demonstrated in Tables 1 and 2, above, and 3, below. The Project is eligible for State Density Bonus Law provisions per Government Code Section 65915(p)(5), and therefore entitled to design waivers and reduced parking requirements. The requested waiver and parking exception will support affordable housing unit development on a site where it would not otherwise be possible through a strict application of those specified standards.

Table 3: Additional Development Standards Applicable in the TASP/METRO Standard Proposed Conformance
Projections into
Required
Yards
Porches, stairs, balconies, bay
windows, and awnings may project
up to six feet into required setbacks.

Porches, stairs,
balconies, bay
windows and
awnings project
less than six feet
into required
setbacks
Yes
Building
Orientation
and Entrances
Building must face the street, and
primary building entrances must be
oriented toward the street.

Buildings are either
facing the external
streets, internal
streets, future
Augustus Rathbone
Park, or internal
paseos
Yes, with approval
of a Density Bonus
Waiver

Attachment 1
Standard Proposed Conformance
Vehicle
Parking
Two / Three Br. Units – 27 spaces
Four Br. Units – 68 spaces
Guest Parking – 19 spaces
Total – 114 spaces
(86 covered, 28 uncovered)
86 garage spaces
18 guest spaces
104 total
(86 covered, 18
uncovered)
Yes,
with approval of a
Density Bonus
waiver
Bicycle Parking
On-street guest racks equivalent to
five percent (5%) of the parking
requirement.

Six (6) bicycle parking spaces
Six (6) bicycle
parking spaces Yes
Parking
Location
Parking must be located so that it is
not visible from the street.
43 private garage
entrances face the
interior drive aisle
Yes
Parking
Garages
attached to
individual units
Garages may not occupy more than
50% of Ground Level Frontage facing
street.

No parking garage
is facing the street
frontage.

Yes
Parking Access
and Curb Cuts
Maximum two curb cuts per lot per
street frontage
Two curb cuts
along Tarob Court
(one curb cut at the
Tarob/Sango
connection
Yes
Park Acreage
Requirements

0.04 acres (after payment of
TASP/METRO fee) must be provided 0.29 acres Yes
SECTION 6. Conditional Use Permit Findings (Milpitas Municipal Code Section XI-10-

57.04(F))
The City Council makes the following findings based on the evidence in the public record in support of Conditional Use Permit No. UP23-0007, as referenced as “Toll Bros Tarob – Geomax II”, dated December 21, 2023, on file with the Planning Department:

Attachment 1
a. The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity nor to the public health, safety and general welfare.

The Project will not be detrimental or injurious to property or improvements in the vicinity or public health, safety, or general welfare. The Project is consistent with other multi-family residential projects within the immediate area and has been conditioned to preserve the health and wellness of future residents. In addition, the condominium project creates housing opportunities and increases the diversity of housing types in the City of Milpitas by utilizing accessory dwelling unit provisions. b. The Project is consistent with the Milpitas Zoning Ordinance.

The proposed Project is consistent with the Milpitas Zoning Ordinance, as demonstrated in Table

2. The proposed multi-family residential building is permitted in the R3-TOD Multiple-Family, High Density Residential Zoning District with a Transit Oriented Development Overlay. The project design conforms to the site and development standards of the R3-TOD zone. Therefore, a conditional use permit is required to allow the subdivision of the proposed townhome units.

The Project also conforms to MMC Section XI-10-54.015 (Density Bonus for Affordable Housing Developments) and XI-10-57.05 (Density Bonus Permits). Where exceptions from the R3-TOD standards are in conflict, the applicant has requested a waiver and parking exceptions pursuant to State Density Bonus Law (Gov. Code § 65915 et seq.). The requested waiver and parking exception will support the development of affordable housing on a site where it would not otherwise be possible through a strict application of the specified standard. c. The Project is consistent with the Milpitas General Plan.

The proposed Project is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 1, above.
d. The Project is consistent with the Transit Area Specific Plan.

The proposed Project is consistent with the applicable policies and design guidelines of the TASP/METRO, as demonstrated in Tables 1, 2, and 3, above. The Project is eligible for State Density Bonus Law provisions per Government Code Section 65915(p)(5), and therefore entitled to design waivers and reduced parking requirements. The requested waiver and parking exception will support affordable housing unit development on a site where it would not otherwise be possible through a strict application of those specified standards.

SECTION 7. Density Bonus Permit (Milpitas Municipal Code Section XI-10-54.15(D)) The City Council makes the following findings based on the evidence in the public record in support of Density Bonus Permit No. DB23-0002, as referenced as “Toll Bros Tarob – Geomax II”, dated December 21, 2023, on file with the Planning Department:

1. The maximum allowable base density specified in the General Plan, including any other permitted increases to density.

The proposed Project includes 43 townhome condominiums and 13 accessory dwelling units, equaling to 25.5 dwelling units per acre and within the General Plan density allowed in the immediate area.

Attachment 1

2. All affordable units shall be reasonably dispersed throughout the project, shall contain on average the same number of bedrooms as the non-affordable units in the project, and shall be comparable with the non-affordable units in terms of appearance, materials and finished quality. The Planning Commission may recommend to the City Council and/or Redevelopment Agency modifying the requirements as to unit size or type, if it is found that such a modification would better serve the affordable housing need of Milpitas.

The applicant has allocated 6 of the townhome condominiums (1 two-bedroom, 1 three-bedroom, and 4 four-bedroom townhomes) to be reserved for moderate-income households (below 80 percent Average Median Income) to fully comply with the City's Affordable Housing Ordinance. The approximate locations for the 6 units will be adequately dispersed per the City of Milpitas Housing Department. The proposed affordable units will be developed with the same specifications as the standard, market-rate units. Additionally, the 0.45 unit will be paid by in-lieu Affordable Housing fee, calculated at time of Building Permit Issuance.

3. Prior to final building inspection and occupancy for a project containing affordable units, the applicant shall execute and record at the Santa Clara County Recorder's Office the City's Agreement Imposing Restrictions on Real Property, which Agreement shall explain the affordability requirements. The agreement shall be approved by the Milpitas City Attorney prior to recordation.

The Project has been conditioned to provide an agreement to the City of Milpitas explaining the affordability requirements, processes and procedures, to the satisfaction of the Milpitas City Attorney prior to the release of any Certificate of Occupancy.

4. Retaining Affordability. A developer shall agree to, and the City shall insure continued affordability of, all lower- or very low-income density bonus units for thirty (30) years or a longer period of time, if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

Prior to final building inspection and occupancy for the Project containing affordable units, the applicant shall execute and record at the Santa Clara County Recorder’s Office the City’s Agreement Imposing Restrictions on Real Property (Agreement). The Agreement shall explain the affordability requirements, including continued affordability for moderate-income households if the unit were to ever be sold, for a period of 30 years. The agreement shall be approved by the Milpitas City Attorney for content and form prior to recordation.

5. Affordable Rents. Those units targeted for lower-income households, as defined in Section 50079.5 of the Health and Safety Code shall be affordable at a rent that does not exceed thirty (30%) of sixty (60%) percent of the Santa Clara County median income. Those units targeted for very lowincome households, as defined in Section 50105 of the Health and Safety Code, shall be affordable at a rent that does not exceed thirty (30%) of fifty (50%) percent of County median income.

The standard is not applicable to the Project, as the Project is creating townhome condominiums for sale, rather than for rent. Affordability provisions will be assessed on the sale of the individual townhome condominium.

Attachment 1

6. Relation to Statute. Density bonus requirements not specified in these regulations shall be governed by the State Density Bonus Law, Government Code section 65915, et seq.

The developer has identified and requested waivers and parking exceptions as permitted within the State Density Bonus Law, Government Code Section 65915, et seq.

Density Bonus Concessions, Incentives and Waivers
In accordance with California Government Code Section 65915 and MMC Section X-10-54.15, the City must grant the requested incentives/concessions unless the City can make either of the following findings in writing and based on substantial evidence:
a. The concession is not required in order to provide for affordable housing costs as defined in State Health and Safety Section 50052.2 or for rents for the affordable units pursuant to Section XI-10-54.15(D)(5), Standards, of Chapter 10 (Zoning) of the Milpitas Municipal Code.
b. The concession would have a specific adverse impact as defined in State Government Code Section 65589.5(d) (2) upon the public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

If findings cannot be made, then the proposed concessions/incentives and waivers must be granted, based on the requirements of the City’s Municipal Code and California Government Code Sections 65915 – 65918.

The City does not have substantial evidence to demonstrate that the concessions/incentives and waivers described in Table 4 would fail to result in actual and identifiable cost savings, and/or that these savings are unnecessary to provide the level of affordability proposed. Moreover, the City has no substantial evidence that any of the requested concessions, incentives or waivers would result in any specific, adverse impacts to public health, safety, the physical environment, or historical resources. Accordingly, the City Council hereby approves such requested concessions/incentives and waivers.

Attachment 1
Table 4: State Density Bonus – Concessions, Waivers, and Incentives Type of
Modification Standard Applicant Request Justification Discretion Waiver(s) Building
Orientation and
Entrances
29 buildings facing
either internal
courtyard, shared
courtyard, or future
Augustus Rathbone
Park
TASP requires
building entrances
face streets
In order to provide

25.5 du/acre and
parking garage
access, the developer
had to design a
proposal that required
certain building
entrances to face
internal courtyards
instead of streets.

This waiver is
allowed under State
Density Bonus Law
and must be
granted by the City.

SECTION 8. Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held incorrect, invalid, illegal, or unenforceable, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses be declared incorrect, invalid, illegal, or unenforceable.

SECTION 9. City Council Approval
The City Council hereby approves Site Development Permit No. SD23-0011, Conditional Use Permit No. UP23-0007, Vesting Tentative Map No. MT23-0001, Density Bonus Permit No. DB23-0007, Tree Removal Permit No. TR23-0015 and Environmental Assessment No. EA23-0002 for 1905 Tarob Court (subject to the Conditions of Approval attached hereto and incorporated herein as Exhibit “1”), based on the above findings.

PASSED AND ADOPTED this _____ day of___________ 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
___________________________
Suzanne Guzzetta, City Clerk
APPROVED:

Carmen Montano, Mayor

Attachment 1
APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney

Attachment 1
EXHIBIT ‘1’

CONDITIONS OF APPROVAL

GEOMAX II RESIDENTIAL DEVELOPMENT
SITE DEVELOPMENT PERMIT NO. SD23-0011
CONDITIONAL USE PERMIT NO. UP23-0011
VESTING TENTATIVE MAP NO. MT23-0001
DENSITY BONUS PERMIT NO. DB23-0002
TREE REMOVAL PERMIT NO. TR23-0015
ENVIRONMENTAL ASSESSMENT NO. EA23-0002
The City of Milpitas Planning Commission and City Council approve Site Development Permit No. SD23- 0011, Conditional Use Permit No. UP23-0011, Vesting Tentative Map No. MT23-0001, Density Bonus Permit No. DB23-0002, and Tree Removal Permit No. TR23-0015 in accordance with Section X-2-4.02, XI-1-20.01, XI-10-54.15, XI-10-57.03, XI-10-57.04, and XI-10-57.05 of the Milpitas Municipal Code, subject to and conditioned upon all applicable State and local laws and regulations and the Conditions of Approval outlined below. This Site Development Permit, Conditional Use Permit, Vesting Tentative Map, Density Bonus Permit, and Tree Removal Permit entitlement is to allow the removal and replacement of 21 ordinance-sized trees and development of a multi-family residential project with 43 townhomes and 13 accessory dwelling units. The residential development will consist of eight multi-family residential buildings up to 39 feet in height (three stories), with 104 vehicle parking spaces and associated site improvements (Project) on a 2.3-acre site located in the High-Density Residential (R3-TOD) Zoning District with a Transit Oriented Development Overlay at 1905 Tarob Court (APN: 086-36-041). These approvals are subject to all other necessary reviews, approvals, studies, and inspections necessary for such development including for the issuance building permits or occupancy.

GENERAL CONDITIONS

1. General Compliance: The Permittee and owner, including all successors in interest (collectively "Permittee") shall comply with each and every condition set forth in this Permit, known as “Toll Bros Tarob – Geomax II”, and “Vesting Tentative Map Geomax II”, both dated December 21, 2023, on file with the Planning Department. SITE DEVELOPMENT PERMIT SD23-0011, CONDITIONAL USE PERMIT UP23-0011 VESTING TENTATIVE MAP MT23-0001, DENSITY BONUS PERMIT NO. DB23-0002, TREE REMOVAL PERMIT NO. TR23-0015 and ENVIRONMENTAL ASSESSMENT EA23-0002 (collectively "Permit") shall have no force or effect and no building permit shall be issued unless and until all things required by the belowenumerated precedent conditions have been performed or caused to be performed. The Permittee shall develop the site in accordance with the approved Attachments and as modified by these Conditions of Approval.

2. Effective Date: Unless there is a timely appeal filed in accordance with the Milpitas Zoning Code, the date of approval of this Permit is the date on which the City Council approved this Permit.

3. Acceptance of Permit: Should Permittee fail to file a timely appeal within twelve (12) calendar days of the date of approval of this Permit, inaction by Permittee shall be deemed to constitute each of the following:
a. Acceptance of this Permit by Permittee; and
b. Agreement by the Permittee to be bound by, comply with, and to do all things required of or by Permittee pursuant to all of the terms, obligations, and conditions of this Permit.

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4. Permit Expiration: Pursuant to Section XI-10-64-06 of the Milpitas Municipal Code, this Permit shall become null and void if the activity permitted by this Permit is not commenced within two (2) years from the date of approval, or for a project submitted with a tentative map, within the time limits of the approved tentative map. Pursuant to Section XI-10-64.06(B) of the Milpitas Municipal Code, an activity permitted by this Permit shall be deemed to have commenced when the Project:
a. Completes a foundation associated with the Project; or b. Dedicates any land or easement as required from the zoning action; or c. Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner.

5. Time Extension: Pursuant to Section XI-10-64.07 of the Milpitas Municipal Code, unless otherwise provided by State law, Permittee shall have the right to request a one-time extension of the Permit if the request is made in writing to the Planning Division prior to the expiration date of the approval. (P)

6. Project Job Account: If Permittee's project job account is at any time delinquent or below the required deposit amount, City will not continue to review or process the application until Permittee's project job account is paid in full and the required deposit has been made. Additionally, prior to the issuance of any building permit or occupancy permit as applicable, Permittee shall pay in full the Project account balance and establish a remaining balance of at least twenty-five percent (25%) of the required initial deposit. (P/E)

7. Notice: Pursuant to California Government Code Section 66020, any protest filed in court relating to the imposition of fees, dedication, reservations, or other exactions to be imposed on the development project shall be filed within ninety (90) days after the date of the adoption of this Resolution. This provision serves as notice from the local agency to the Permittee that the ninety (90) day period in which the Permittee may file a protest has begun under California Government Code Section 66020(d)(1).

8. Cost and Approval: Permittee shall fully complete and satisfy each and every condition set forth in this Resolution and any other condition applicable to the Project to the sole satisfaction of the City.

Additionally, Permittee shall be solely responsible and liable for the cost to satisfy each and every condition. (ALL)

9. Conditions: Each and every condition set forth in this Exhibit shall apply to the Project and continue to apply to the Project so long as the Project is operating under the permits and approvals in this Resolution. (ALL)

10. Compliance with Laws: The construction, use, and all related activity authorized under this Permit shall comply with all applicable local, state and federal laws, rules, regulations, guidelines, requirements and policies. (CAO/P/E/B)

11. Indemnification: To the fullest extent permitted by law, Permittee shall indemnify, defend with counsel of the City's choosing, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to (i) City's approval of the project, including, but not limited to, the approval of the discretionary permits, the approval of

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any waivers, exemptions, alternatives, modifications, or amendments to the City’s General Plan or Municipal Code, maps under the Subdivision Map Act, and/or the City's related determinations or actions under the California Environmental Quality Act, and (ii) Permittee's construction, operation, use or related activity under this Permit. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Permittee, City and/or the parties initiating or bringing such proceeding. Permittee shall indemnify the City for all of City's costs, attorneys' fees and damages, which City incurs in enforcing the indemnification provisions set forth in this condition. Permittee shall pay to the City upon demand or, as applicable, to counsel of City's choosing, any amount owed pursuant to the indemnification requirements prescribed in this condition. The above indemnification is intended to be as broad as permitted by applicable law.

To the extent the above indemnification is limited by Government Code Section 66474.9, any limitations shall only apply to Vesting Tentative Map No. MT23-0001, and the balance of the Permit shall be unaffected by Government Code Section 66474.9.

12. Certificate of Insurance: Permittee shall provide certificate of insurance and name City as an additional insured in its insurance policies for the Project.

13. Revocation, Suspension, Modification: This Permit may be suspended, revoked or modified in accordance with Section XI-10-63.06 of the Milpitas Municipal Code.

14. Severability: If any term, provision, or condition of this Permit is held to be illegal or unenforceable by the Court, such term, provision or condition shall be severed and shall be inoperative, and the remainder of this Permit shall remain operative, binding and fully enforceable.

15. Response to Conditions of Approval: Permittee shall provide a written response to comments upon submittal for building permit application. The responses should clearly indicate how each condition of approval has been addressed in the plans and shall note the appropriate plan sheet. (P)

16. Compliance with Fire Department and California Fire Code: The project shall comply with the requirements of the Milpitas Fire Department and the California Fire Code, as adopted by the City.

Changes to the site plan and/or buildings requires review and re-approval by the Fire Department. (F)

17. Compliance with Building Department and California Building Code: The project shall comply with the requirements of the Milpitas Building Department and the California Building Code, as adopted by the City. Changes to the site plan and/or buildings requires review and re-approval by the Building Department. (B)

18. Development in Conformance with Approved Plans: Permittee shall develop the approved Project in conformance with the architectural plans dated December 21, 2023, tentative map plans dated April 17, 2024, and plans approved by the City Council on , in accordance with these Conditions of Approval. Any deviation from the approved site plan, elevations, materials, colors, landscape plan or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review, and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is significant, the owner or designee shall be required to apply for review and obtain approval of the Planning Commission or City Council, as applicable, in accordance with the Milpitas Zoning Code. (P)

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PLANNING CONDITIONS

19. Landscape: All approved landscaping shall be permanently maintained and replaced with substantially similar plant material as necessary to provide a permanent, attractive and effective appearance.

20. Parking: Parking shall be provided as depicted on the Site Plan approved by the City Council and shall consist of the following:
a. RESIDENT: A total of 86 vehicle spaces within unit parking garages for each townhome condominium.
b. GUEST: A total of 18 surface vehicle spaces are to be provided on site.

21. Bicycle Racks: A total of six short-term bicycle parking spaces shall be installed on the site.

22. Trees: The project will remove up to 21 ordinance-sized trees and replace with approximately 107 trees, in conformance with the plans approved by City Council on June 11, 2024.

23. Public Art Requirement: Permittee shall comply with the City’s Public Art Requirements for Private Development, as set forth in Milpitas Municipal Code Section XI-10-14. Fee shall be no less than onehalf of one percent of building development costs and shall be payable at time of building permit issuance.

24. Accessory Dwelling Units: In conformity with Milpitas Municipal Code Section XI-10-13.08, prior to the issuance of building permits for the construction of any accessory dwelling unit (“ADU”) or junior accessory dwelling unit (“JADU”), Permittee shall record in the Santa Clara County Recorder’s Office a deed restriction, in a form approved by the Milpitas City Attorney, and file a copy with the Milpitas Planning Department. The deed restriction shall run with the land and bind all future owners, heirs, and assigns. The ADU or JADU are not permitted to be subdivided as a condominium from the attached townhome condominium.

25. Density Bonus: Permittee shall provide up to 56 residential units, six of which will be offered at moderate-income levels. The Project may have the following waivers:
a. Waiver #1: Allow certain building entrances to not face a street. b. Parking concession: Project will provide a total of 104 parking spaces as permitted by State Density Bonus Law. (P)

PLANNING & BUILDING PROJECT-RELATED TASP MITIGATION MEASURES &

REQUIRED PROJECT DESIGN FEATURES
Biological Resources (TASP Policy 5.26)

26. Nesting Birds: To mitigate impacts on non-listed special-status nesting raptors and other nesting birds, a qualified biologist will survey the site for nesting raptors and other nesting birds within 14 days prior to any ground disturbing activity or vegetation removal. Results of the surveys will be forwarded to the U.S. Fish and Wildlife Services (USFWS) and CDFG (as appropriate) and, on a case-by-case basis, avoidance procedures adopted. These can include construction buffer areas (several hundred feet in the

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case of raptors) or seasonal avoidance. However, if construction activities occur only during the nonbreeding season between August 31 and February 1, no surveys will be required. (P)

27. Environmental Site Assessment (ESA). Permittee shall provide and prepare a Phase 1 ESA, and a Phase II ESA if necessary, prior to the issuance of any demolition or building permits. (P) Noise (TASP Policy 5.10))

28. Noise Insulation: Prior to issuance of any building permit, Permittee shall demonstrate that the Project will meet the required 45 dBA maximum interior noise standard.

Air Quality (TASP Policy 5.16)

29. Dust Control Emissions: During the construction of the Project, Permittee shall comply with all of the following:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas and unpaved roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand or other loose material off the site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day or more often if determined necessary by City Engineer or designee. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 MPH. e. All roadways, driveways and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five (5) minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. (B)

30. ROG Emissions: Prior to issuance of any building permit, Permittee shall develop, submit and obtain approval from the City of a plan to reduce ROG emissions by 17 percent or greater during the architectural coating phase of the construction. Acceptable measures to achieve this goal include, but are not limited to, architectural coating containing 125 grams per liter of VOC or less, the use of prefabricated building materials, or a combination of both. The plan shall be implemented as approved by the City. (P)

HOUSING CONDITIONS

31. Affordable Housing Requirement: Permittee shall comply with the City’s Affordable Housing Ordinance, as set forth in Milpitas Municipal Code Section XI-1-3.00. The City Council has granted the following deviation from the City’s AHO (H):
a. Permittee shall reserve six townhome condominium units for moderate income households, with the option of also reserving for low or very-low income households, consisting of:

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i. One, two-bedroom townhome unit
ii. One, three-bedroom townhome units
iii. Three, four-bedroom townhome units
iv. One, four-bedroom townhome units with ADU

32. Affordable Housing Agreement: Prior to final building inspection and occupancy for a project containing affordable units, the applicant shall execute and record at the Santa Clara County Recorder’s Office the City’s Agreement Imposing Restrictions on Real Property, which Agreement shall explain the affordability requirements. The agreement shall be approved by the Milpitas City Attorney prior to recordation. (H)

33. Retaining Affordability. Developer shall agree to, and the City shall insure continued affordability of, all lower- or very low-income density bonus units for fifty (50) years or a longer period of time, if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. (H)

ENGINEERING CONDITIONS

PRIOR TO CONSTRUCTION PLAN SUBMITTALS
The following conditions shall be met prior to any detailed construction plan check submittals (Building or Engineering, except demolition and rough grade plans), unless otherwise approved by the Director of Engineering/City Engineer. City reserves the right to reject any plan check submittal if any of the following conditions are not met. (E)

33. Modifications: The Site Development Plan dated December 21, 2023 is subject to change during the plan check stage based upon City’s previous comments and conditions stated herein.

34. Solid Waste and Recycling Handling Plan: Permittee shall submit final Solid Waste and Recycling Handling Plan based upon City’s previous comments for City’s review and approval by the Engineering Department Solid Waste Program. The subject Plan shall show calculations of waste generation volumes and how materials will be transferred from the waste generation areas to the trash enclosure/external collection point; demonstrate how recycling, food waste, and yard trimmings shall have a separately maintained process from garbage handling; address other requirements such as waste generation and compactor sizing, chute shut-off and property management responsibility for bin management and litter control; outreach and education to tenants/occupants, and procure sufficient service frequency based upon waste generation calculation volumes.

35. Stormwater Control Plan: Permittee shall submit City approved final Stormwater Control Plan (SWCP) that complies with the latest Municipal Regional Stormwater NPDES Permit (MRP3.0), including Low Impact Development (LID) Section C3.c.i.(2)(b) measures for harvesting and reuse, infiltration, or evapo-transpiration, for City’s review and approval by the Engineering Department.

36. Photometric Analysis: Permittee shall submit streetlight photometric analysis for City’s review and approval by the Engineering Department along Tarob and Sango Court that meet the Illuminating Engineering Society of North America (IESNA), RP8, for roadway and sidewalk lighting standards and City standard design guidelines.

37. Recycle Water Cross-Connection Specialist: In order to comply with the California Code of Regulations Title 17 and 22, and for timely plan approval by the California State Water Resources

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Control Board/Division of Drinking Water as well as by the South Bay Water Recycling, Permittee must hire a certified cross-connection specialist for their consultation as to irrigation water system design and construction phasing. The name and contact information of the certified cross-connection specialist shall be provided on all landscape submittal plans.

38. Submittal Requirements: Permittee to ensure that all plan check submittals are in accordance with City’s submittal check list for each permit type, including but not limited to, payment of permit fees and/or fee deposit at the time of the submittal.

39. Project Job Account/Fee Deposit: Permittee shall open a new PJ account as a deposit to cover the costs for Engineering Department’s services for review and inspection of the project. The amount shall be determined based on the approved City fee schedule at the time of application submittal.

40. Coordination with other Projects: Permittee shall coordinate designs with 675 Trade Zone, 355 Sango Court, 1980 and 1841 Tarob Court (VOC Project) in advance prior to any plan submittal.

PRIOR TO FINAL MAP APPROVAL/RECORDATION
The following conditions shall be addressed during the final map plan check process and shall be met prior to any final approval/recordation (except demolition permit and rough grade permit), unless otherwise approved by the Director of Engineering/City Engineer. (E)

41. Dedication on the Final Map: Permittee shall provide all necessary right of way and easement dedications to the City for construction of 50% of the future Sango Court to Tarob Court street extension along the northern project frontage per TASP standards and guidelines.

42. Abandonment/Quitclaim Easements: Permittee shall abandon/quit claim existing easements that are in conflict with or unnecessary for the project.

43. Partial Street Vacation: This project is subject to and contingent upon partial vacation on Tarob Court.

44. Easements on the Final Map: Permittee shall depict all existing easements to remain based upon current preliminary title report and depict new easements on the final map.

45. Public Easement Dedication: Permittee shall dedicate to the City and record a grant of easement with approved plat and legal description conveying title to the following public easements:
• Street and right of way dedication along an alignment acceptable to the City and in compliance with TASP standards for the future Sango Court to Tarob Court street extension; and • 10’ wide public service utility easement behind the street and right of way dedication along the entire property frontage. Project entry and monument signs, bioretention areas, and walls shall not be located within the public service utility easement.

46. Concurrent Off-site Plan Reviews: Permittee shall submit separate off-site improvement plans for City’s review and approval by the Engineering Department.

47. Street Name Approval: Permittee shall obtain approval from the City Council for all new street names based upon recommendation from the City Council Ad Hoc Naming Subcommittee and City guidelines.