Cities Index.
Agenda packet

Milpitas City Council
October 15, 2024

Document
Agenda packet
Meeting
October 15, 2024
Body
Milpitas City Council
Pages
163
Original file
5.1 MB
Text extracted from the city's file for reading and search. Open the original on milpitasca.api.civicclerk.com. That file is the official record.

Neighborhood Support Staff has analyzed all Council approved criteria except for amount of neighborhood support for the program. This remaining criteria takes into account resident input and requires at least 50% of homes in the neighborhood showing interest and support for street sweeping , and is similar to the street sweeping signage process in the City of San Jose and the City of Alameda. In San Jose, Councilmembers. While there is not a formal petition, San Jose staff keeps a list of locations that are requested or that staff recommends. Once funding becomes available, staff reviews all of the locations and submits a list of areas to City Council Office staff who reaches out to the community. Council staff then provides recommended areas based on community feedback, and staff compiles a final list for installation. In Alameda, requests to install a resident, business, or property owner. Due to the neighborhood impact of the signage, Alameda requires a petition that is signed by at least 50% of the dwelling units on the requested block. Staff analysis does not begin unless the petition is signed by at least 50%. In order to determine whether a street/neighborhood prioritizes street sweeping or unrestricted parking, staff could conduct outreach in the yellow potential expansion areas to gauge support for No Parking During Street Sweeping signage. The outreach could include sending postcards and doorhangers explaining the Parking Enforced Street Sweeping program with a return survey postcard to express interest and support. Staff would tally the responses to determine if the 50% support criteria is met. Staff would also reach out to neighborhood leaders in the area. The initial timing of this outreach is expected to take approximately four months and is outlined below. Proposed Outreach Activities and Timeline Months 1 & 2 Design Outreach Postcards/Doorhangers with return survey Translate Outreach Update Street Sweeping Pilot Website Month 3 Postcards/Doorhanger Printing and Distribution Contact Neighborhood Leaders in Potential Expansion Areas Month 4 10 Days for Responses Analyze Responses An additional round of outreach could be conducted if initial response is low. Cost and Resource Analysis CIP #3455 was approved for $400,000, with an additional $300,000 of CIP funds added in 2022. As of the end of 2022 (12/31/22), Street Sweeping Pilot costs are approximately $146,000, with a remaining available budget of $554,000 to continue the pilot areas and to expand to additional areas. Expanding the Street Sweeping Pilot would require both one-time funding and on-going funding: One-time costs for expansion outreach Outreach and Education to potential areas to gauge community support One-time costs Staff evaluation and administration of new areas; Fabrication and installation of new No Parking Signage; Outreach and Education to Expanded Areas On-going costs Community Service Officers for ongoing parking enforcement; MSI Street Sweeping costs using back-up street sweeper 129

Page 154 of 163 ends

Estimated CostsOne Time Costs Based on the evaluation conducted by staff, if the community supported expanded the Pilot to all the additional areas meeting the parking criteria, total estimated costs for new signage is $116,000. Up to an additional $30,000 would be needed for staff administration and outreach and education for the expanded areas. Total estimated one-time costs, not to exceed $146,000, is available in CIP 3455. . *Total curb miles includes both meets criteria and borderline areas **Estimated sign costs includes materials, fabrication, installation, and labor. Figure 3: Estimated Financial Costs of Potential Expansion Areas Ongoing Costs for Operations Since the Pilot area is small compared to the size of the entire City, MSI has to use an additional sweeper to work in the pilot areas, at the current estimated costs of$21,000 per year. If the pilot program is expanded to the additional yellow areas, the estimated ongoing costs would be an additional $11,000 per year. Ongoing Costs for Parking Enforcement Resources Needed Under the initial Pilot, the Community Service Officers (CSO) in the Police Department conducted parking enforcement and costs are absorbed by the Police Department. However, the work load and on-going costs for parking enforcement cannot continue to be covered by the Police Department as the CSOs have other public safety priorities and work. In order to provide parking enforcement for an expanded Parking Prohibited Street Sweeping Program, the City would need to determine how to provide that additional service. Potential alternatives, some of which could require a meet and confer process, include: Contracting out street sweeping parking enforcement to supplement current CSO enforcement activities; Creating a part-time classification for a Parking Enforcement/Compliance Officer; Adding a full-time CSO position that would be assigned to street sweeping parking enforcement as well as other duties 130

Page 155 of 163 ends

Several other cities contract for parking enforcement services including Union City and the City of San Mateo. Both of these cities have either contracted for street sweeping enforcement services in the recent past or are currently using contract services to supplement their parking enforcement. Based on a review of the existing contracts, the costs for the street sweeping parking enforcement services is estimated to be $55 an hour. reas represent a much more limited scope compared to the other cities. In contrast, abesides street sweeping violations for residential parking, the contractor also enforces street sweeping for commercial areas, general parking concerns, the residential parking permit program, and the downtown commercial district. The limited scope of street sweeping enforcement areas in Milpitas may not be attractive to potential street sweeping service providers. If all yellow areas were added to the parking enforced street sweeping program, annual estimated contracted parking enforcement could cost up to $20,000 or more. There would be additional costs for Police to manage the parking enforcement contract. Total on-going costs, if the program was expanded to all yellow areas, for parking enforcement and ongoing MSI costs for street sweeping is estimated at $61,000 annually. Next Steps Direction from the City Council is needed to continue to program development, specifically in the following areas: Accept this staff report on the Street Sweeping Pilot project; Direct staff to survey residents in the identified yellow areas to gauge if there is support for Parking Prohibited Street Sweeping. Neighborhood support is the remaining criteria to determine if an area should be included in the program. There may not be more that 50% resident support in all the potential areas for the program as some residents may prioritize parking convenience over street sweeping effectiveness. Refining the potential areas for expansion will inform the level of on-going resources needed for parking enforcement and street sweeping. Once expansion areas are confirmed, staff will be able to better estimate on-going costs for parking enforcement, either through contract services or City staff models and bring that information to City Council for consideration as part of a future budget process. POLICY ALTERNATIVE(S): Alternative 1: Keep the Street Sweeping Pilot areas as-is without expanding into additional areas. Pros: Will maintain cleaner streets in the Pilot areas but not require new resources or compete with other public safety priority. Cons: Limits parking prohibit street sweeping to just a small portion of the City. Reason for Not Recommending: City Council had previously directed staff to look at expansion opportunities. Alternative 2: Pros: Will potentially expand the project into more neighborhoods which provides cleaner streets in more areas and also increases operational street sweeping efficiencies.Click or tap here to enter text. Cons: These areas are less impacted by parking and should be effectively serve by the existing street sweeping program. Residents may not perceive the amount of parked cars on these streets obstructs street sweeping. Reason for Not Recommending: thresholds for expanding the program. FISCAL IMPACT: CIP #3455 was originally approved for of the Fiscal Year 2019-2020 Capital Improvement Program budget, in the amount of $400,000. Council also approved an additional $300,000 of CIP funds from Fiscal Year 2022-2023, at the May 3, 2022 City Council meeting. As of the end of 2022 (12/31/22), approximately $146,000 has 131

Page 156 of 163 ends

been expended, leaving a balance of $554,000 to be used for future street sweeping pilot expansion costs. This funding could support the existing area for up to 10 years. If the area were expanded to all yellow areas, the funding would cover about 5 years of service. Following the exhaustion of this funding, General Fund dollars of between $61,000 and $100,000 and would be needed annually to cover the ongoing funding needs. California Environmental Quality Act (CEQA): The project is categorically exempt under Section 15301 of the California Environmental Quality Act guidelines for maintenance of existing facilities. RECOMMENDATION: Receive a presentation on the Options for Expanding the Pilot Street Sweeping Program and recommendation to perform additional survey work and return to the Mayor and City Council to discuss next steps following completion of the surveys. Attachment(s): 1. February 16, 2021 Street Sweeping Pilot Project Information Memorandum 2. October 14, 2021 Street Sweeping Pilot 6-Month Update 3. June 14, 2022 Street Sweeping Pilot AR 132

Page 157 of 163 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving the FY 2024-25 Development and Storm Impact Fee Schedule for the Transit Area Specific Plan (TASP) Impact Fee, the Calaveras Boulevard Widening Traffic Impact Fee, and the Storm Drain Fee (Staff Contact:

Luz Cofresí-Howe, Finance Director, 408-586-3111)
Category: Leadership and Support Services
Meeting Date: 10/15/2024
Recommendation: Adopt a resolution approving the FY 2024-25 Development and Storm Impact Fee Schedule for the Transit Area Specific Plan (TASP) Impact Fee, the Calaveras Boulevard Widening Traffic Impact Fee, and the Storm Drain Fee.

BACKGROUND:

Consistent with the State of California Mitigation Fee Act (Government Code §§66000 et seq.), and City of Milpitas (City) Municipal Code, the City is authorized to impose, collect, and expend mitigation fees to offset the impacts of development within the City. Pursuant to these granted authorities, the City Council established, adopted, and imposed a Transit Area Specific Plan (TASP) Impact Fee, a Calaveras Boulevard Traffic Impact Fee, and a Storm Drain Fee (collectively, the “Fees”).

ANALYSIS:

Per City of Milpitas Municipal Code Chapter 4 – Fees for New Development, Section VIII-4-2.02 - Fee Adjustment by the City, the City reserves the right to update and adjust each development impact fee from time to time in accordance with the Mitigation Fee Act, with those adjustments in the amount of the estimated construction costs of providing the specified public facilities based upon adjustments in accordance with the inflation index. As such, staff recommends the Fees be increased by the most recent annual change available at the time of review for the Engineering News Record Construction Cost Index (CCI) for San Francisco. That respective CCI change is 3.59%, as demonstrated below.

Escalation Factor Year to Year
Construction Cost
Index Variance # Variance %
Engineering News
Record
December 2022 14,977.94
City Cost Index December 2023 15,515.00 537.06 3.59%
San Francisco
The discrete adjustments for each of the Fees are exhibited in Attachment A - FY 2024-25 Development Impact Fee Schedule.

POLICY ALTERNATIVES:

As the Fees adjustments proposed are consistent with the State of California Mitigation Fee Act (Government Code §§66000 et seq.) and City of Milpitas Municipal Code regarding development impact fees and the manner of adjusting those fees, no policy alternatives are recommended.

FISCAL IMPACT:

As collection of these Fees relies entirely on development activity, which varies and is outside of City control, staff cannot accurately predict any additional revenues or related expenditures resulting from the proposed Fees increase. Consequently, no fiscal impact has been anticipated.

Page 158 of 163 ends

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The Fees authorized by this resolution are not a project under California Environmental Quality Act (CEQA) and are therefore statutorily exempt from environmental review pursuant to CEQA Guidelines Section 15378 (b)(4).

RECOMMENDATION:

Adopt a resolution approving the FY 2024-25 Development and Storm Impact Fee Schedule for the Transit Area Specific Plan (TASP) Impact Fee, the Calaveras Boulevard Widening Traffic Impact Fee, and the Storm Drain Fee.

ATTACHMENTS:
(a) FY 2024-25 Development and Storm Impact Fee Schedule (b) Resolution

Page 159 of 163 ends

FY 23/24 Fee FY 24/25 Fee Unit Annual Inflation Note
1 Residential 50,056.00$ 51,850.84$ per unit Y 2 Commercial 32.75$ 33.92$ per square foot Y 3 Office 56.28$ 58.30$ per square foot Y 4 Hotel -$ -$ per room Y 5 Other Uses To Be Determined To Be Determined
a
FY 23/24 Fee FY 24/25 Fee Unit Annual Inflation Note
1 Residential 5 or More Units 278.00$ 287.97$ per unit Y 2 Retail Development of 1,000 or more Square Feet 1,184.00$ 1,226.45$ per square foot Y 3 Office Development of 1,000 or more Square Feet 588.00$ 609.08$ per square foot Y 4 Other Uses To Be Determined To Be Determined
Parcel Size FY 23/24 Fee FY 24/25 Fee Unit Annual Inflation Note 1 Single-Family Medium Density Equal or Smaller than 8,710 square feet 1,100.00$ 1,139.44$ per parcel Y 2 Single-Family Low Density Between 8,711 and 43,560 square feet 1,916.00$ 1,984.70$ per parcel Y 3 Single-Family Between 1 acre and 4 acres 3,594.00$ 3,722.87$ per parcel Y 4 Single-Family Between 4 acres and 9 acres 4,792.00$ 4,963.83$ per parcel Y 5 Single-Family Greater than 9 acres 6,469.00$ 6,700.96$ per parcel Y 6 Multiple Family 16,771.00$ 17,372.35$ per acre Y 7 Commercial, Industrial, Institutional, or Mixed-Use Sites 21,562.00$ 22,335.14$ per acre Y 8 Schools with Athletic Fields 7,187.00$ 7,444.70$ per acre Y 9 Parks 4,792.00$ 4,963.83$ per park Y Escalation Factor Year to Year
Construction
Cost Index Variance # Variance %
Engineering News Record Dec-22 14,977.94
City Cost Index Dec-23 15,515.00 537.06 3.59% San Francisco
December to December
PUB20241004
FY 2024-25 Development and Storm Impact Fee Schedule
Attachment A
Activity Description
Activity Description
Activity Description
TRANSIT AREA SPECIFIC PLAN (TASP) DEVELOPMENT IMPACT FEEa

STORM DRAIN IMPACT FEE

CALAVERAS BOULEVARD WIDENING TRAFFIC IMPACT FEE
Fee applies Citywide except TASP Fees for Calaveras Boulevard Widening

Page 160 of 163 ends

RESOLUTION NO. _______

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

THE DEVELOPMENT AND STORM IMPACT FEE SCHEDULE FOR THE TRANSIT

AREA SPECIFIC PLAN (TASP) IMPACT FEE, THE CALAVERAS BOULEVARD

WIDENING TRAFFIC IMPACT FEE, AND THE STORM DRAIN FEE FOR FISCAL YEAR 2024-25
WHEREAS, the Mitigation Fee Act, Government Code Section 66000 et seq., authorizes the City of Milpitas (“City”) to impose, collect, and expend mitigation fees to offset the impacts of development within the City; and
WHEREAS, pursuant to its authority under the Mitigation Fee Act (Government Code §§ 66000 et seq.) the City Council established, adopted, and imposed a Calaveras Boulevard Traffic Impact Fee, a Transit Area Specific Plan (“TASP”) Impact Fee and a Storm Drain Fee (collectively, the “Fees”); and WHEREAS, per City of Milpitas Municipal Code Chapter 4 – Fees for New Development, Section VIII-4-2.02 – Fee Adjustment by the City, the City reserves the right to update and adjust each development impact fee from time to time in accordance with the Mitigation Fee Act; and WHEREAS, per City of Milpitas Municipal Code Chapter 4 – Fees for New Development, Section VIII-4-2.02 – Fee Adjustment by the City, those adjustments are calculated in the amount of the estimated construction costs of providing the specified public facilities based upon adjustments in accordance with an inflation index; and
WHEREAS, inflationary adjustments will be based the most recent annual change available at the time of review for the Engineering News Record Construction Cost Index for San Francisco; and WHEREAS, the City Council now wishes to approve the FY 2024-25 Development and Storm Impact Fee Schedule set forth in Exhibit 1 hereto; and
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

1.The Recitals set forth above are found to be true and correct and are incorporated herein by reference.

2.The Fees authorized by this Resolution are not a project under California Environmental Quality Act (CEQA) and are therefore statutorily exempt from environmental review pursuant to CEQA Guidelines Section 15378 (b)(4).

3.The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Based upon such consideration, the City Council finds and determines that:
(a)The Fees established by this Resolution:
(1)are imposed for a specific government service provided directly to the payor, or for reasonable regulatory costs of the City for issuing licenses and permits, performing investigations, inspections, and administrative enforcements of the City’s Municipal Code or other rules or ordinances;
(2)are no more than necessary to cover the reasonable costs of the governmental

Page 161 of 163 ends

2 Resolution No. xxxx
activity for which the Fees are imposed; and
(3)the manner in which those Fees are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity for which the Fees are imposed.
(b)The Fees are not “special” taxes within the meaning of California Constitution Article XIII C, Section 1(e).

4.The City Council hereby approves the FY 2024-25 Development and Storm Impact Fee Schedule included herewith as Exhibit 1. The fees adopted pursuant to this Resolution shall supersede any prior fees, charges or other exactions imposed by resolution or otherwise by the City Council, to the extent such prior fees, charges, or other exactions conflict with the Fees set forth in Exhibit 1 hereto.

5.The FY 2024-25 Development and Storm Impact Fee Schedule will become effective sixty (60) days after adoption.

PASSED AND ADOPTED this __ day of ____, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_____________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_____________________________
Michael Mutalipassi, City Attorney

Page 162 of 163 ends

3 Resolution No. xxxx
Exhibit 1

Page 163 of 163 ends
← All documents from this meeting