CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk
ADJOURN TO CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT: Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present
PLEDGE OF ALLEGIANCE
INVOCATION (EnterName)
PUBLIC FORUM
Those in the audience are invited to address City Council on any subject not on tonight’s agenda. Speakers must come to the podium, state their name and city of residence for the Clerk’s record, and limit spoken remarks to three minutes. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. Council may instruct the City Manager to place the item on a future meeting agenda.
ANNOUNCEMENTS
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS
APPROVAL OF AGENDA
CONSENT CALENDAR
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. If removed, this item will be discussed in the order in which it appears on the agenda.
Recommendation: approve meeting minutes for the August 30, 2019 Special City Council meeting and the September 3, 2019 Regular City Council meeting.
Ned Thomas, Planning Director, 408-586-3073
Approve Findings of Exception to the requirements of the Affordable Housing Ordinance to allow payment of fees in lieu of reserving six affordable units on the project site to be included in the previously adopted Resolution approving Site Development Permit (SD18-0014), Conditional Use Permit (UP19-0009), Vesting Tentative Map (MT18-0004), and Environmental Assessment (EA19-0002) to allow development of a 40-unit residential condominium building, up to 49 feet in height (four stories), with parking for up to 74 vehicles, on a 1.22-acre site at 2001 Tarob Court
Recommendation: Adopt a Resolution to approve project plans and specifications for the Alviso Adobe Renovation (Phase V – Interior Restoration), Project No. 5055, to award a construction contract to and authorize the Interim City Manager to execute the contract with the lowest responsible bidder submitting a responsive bid, CRW Industries, Inc., in the amount of $523,900, and to authorize the Engineering Director/City Engineer to negotiate and execute contract change order(s) in an aggregate amount not to exceed $160,000 for the project.
Recommendation: Adopt a resolution approving project Plans & Specifications, awarding a construction contract, and authorizing the Interim City Manager to execute the contract with the lowest responsible bidder submitting a responsive bid, Chrisp Company, in the amount of $116,130 for TASP On-Street Parking Program Project No. 2017, and authorizing the Engineering Director/City Engineer to negotiate and execute contract change order(s) in an aggregate amount not to exceed $17,420.00 for the project.
Recommendation: Approve a five-year agreement with TEC Accutite for Aboveground and Underground Storage Tank Maintenance and Certification Services, for an amount of $49,050 in the first year and a total amount not to exceed $245,250 over the five-year period, subject to annual appropriation of funds.
Recommendation: Approve and authorize the Interim City Manager to execute the Improvement Agreement between the City of Milpitas and LD Milpitas Property, LLC, subject to any revisions deemed legally necessary by the City Attorney.
Recommendation: Approve and authorize the City Manager to execute three Professional Service Agreements with the following consultants for engineering services:
West Yost Associates for the preparation of the City’s Water Master Plan in an amount not to exceed $600,000.
Hydroscience Engineers, Inc. for the preparation of the City’s Sewer Master Plan in an amount not to exceed $642,000.
Schaaf & Wheeler, Consulting Civil Engineers for the preparation of the City’s Stormwater Master Plan in an amount not to exceed $134,629.
Recommendation: Receive Mayor Tran’s recommendations, and move to remove Commissioner Dhaval Brahmbhatt from his current term as the Commissioner representing Technology on the Economic Development and Trade Commission; and, newly appoint Inderjit Mundra as voting Commissioner representing the Chamber of Commerce to a term that expires in April 2021. Also, confirm Tina Broyles as Alternate from the Milpitas Chamber of Commerce, per Chamber Board action.
Recommendation: Consider a request of one application submitted according to the City Council's Fee Waiver & Donation Policy, and move to waive $1,412.63 (and up to $1,500 maximum if additional City fees are incurred) of identified City Planning and Recreation and Community Services fees charged for costs related to the American Cancer Society’s Bark for Life walkathon event at Murphy Park on October 5, 2019.
PUBLIC HEARINGS
Recommendations:
Re-open the public hearing continued from September 3, 2019, hear comments and move to close.
Adopt a resolution for the summary vacation of an existing Public Service and Utility Easement at 1646 Centre Pointe Drive.
Recommendations:
Re-open the public hearing continued from September 3, 2019, hear testimony, then move to close the public hearing.
Approve the draft FY 2018-2019 Community Development Block Grant (CDBG)’s Consolidated Annual Performance Evaluation Report (CAPER).
Authorize the City Manager, or designee, to make any necessary changes and to submit the approved draft FY 2018-2019 CAPER to the Department of Housing and Urban Development (HUD) to comply with CDBG requirements.
Recommendations:
Open the public hearing; hear testimony, then move to close the public hearing.
Following the City Attorney’s reading of the title, move to waive the first reading beyond the title and introduce Ordinance No. 302 to add Chapters 2 and 3 to Title XII of the Milpitas Municipal Code relating to the adoption of a rent review program and tenant protections.
Approve a Budget Amendment to appropriate funds from the Affordable Housing Fund to the FY 2019-20 Housing Operating Budget for Project Sentinel to manage the Rent Review program.
Authorize the City Manager to prepare and execute a Professional Services Agreement with Project Sentinel ending December 31, 2021 to manage the Milpitas Rent Review Program.
COMMUNITY DEVELOPMENT
Recommendations:
Adopt a Resolution authorizing the creation of a Pilot Rent Relief Program.
Approve a Budget Amendment to appropriate $100,000 from the Affordable Housing Fund to the FY 2019-20 Housing Operating Budget for Silicon Valley Independent Living Center (SVILC) to implement the Pilot Rent Relief Program.
Authorize the City Manager to prepare and execute a one-year Professional Services Agreement with Silicon Valley Independent Living Center to manage the Milpitas Pilot Rent Relief Program.
Recommendations:
Adopt a Housing Authority Resolution approving and adopting the Bylaws for the City of Milpitas Housing Authority.
Following adoption of the Bylaws, elect a Chairperson, Vice Chairperson and Secretary of the Housing Authority by a vote of the Housing Authority Board of Commissioners.
PUBLIC SAFETY
Recommendation: Receive the presentation of Unmanned Aircraft System (UAS) Technology and provide the Milpitas Police Department staff feedback on program policy and program.
LEADERSHIP AND SUPPORT SERVICES
Recommendations:
Among those City Councilmembers registered and planning to be in attendance in Long Beach, move to designate one member to serve as the voting delegate at the League of California Cities Annual Conference.
Among those City Councilmembers registered and planning to be in attendance in Long Beach, move to designate one or 2 members to serve as the alternate voting delegate(s).
Recommendation: Adopt a Resolution authorizing an exception to the 180-day wait period in accordance with the California Government Code Section 7522.56 and 21224; and, approve and authorize the City Manager to execute an employment agreement with Valerian Catunao as Part-Time Hazardous Materials Inspector.
Recommendation: Approve the updated City of Milpitas Facility Use Manual.
Recommendation: Provide direction to staff on draft Council policies for training and events.
REPORTS OF MAYOR & COUNCILMEMBERS - from the assigned Commissions, Committees and Agencies
Recommendation: Hear request from Councilmembers Nuñez and Phan submitted on Agenda Item Request Form 4 to "Review and develop policy for the use of social media by the Mayor and City Councilmembers. Social Media to mean applications that enable users to create and share content or to participate in social networking with City information."
Recommendation: Hear request from Councilmembers Nunez and Phan submitted on Council Agenda Item Request Form 5 to "Review and codify the policies for the development, identification and dissemination for Milpitas proclamations and recognitions."
Recommendation: Hear request from Councilmembers Nuñez and Phan submitted on Council Agenda Item Request Form 1. Form states "Renaming of Dixon Landing Road to Barack Obama Blvd. will be the first Barack Obama Blvd. in Silicon Valley. This roadway leads into the Sunnyhills Community known as one of America's first integrated communities."
Recommendation: Hear request from Councilmembers Nuñez and Phan submitted on Council Agenda Item Request Form 2 to "Request a study of a museum and park on Main St. in partnership with a community non-profit organization."
Recommendation: Hear request from Councilmembers Nuñez and Phan submitted on Council Agenda Item Request Form 3 to "Request a study of building of a Community Theatre in the Civic Center Facility or a partnership with the Milpitas Unified School District on one of their properties. This would be included in the CIP."
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ADJOURNMENT
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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 agencies of the City exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and the 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: cdiaz@ci.milpitas.ca.gov / 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.ci.milpitas.ca.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 the City website. All City Council agendas and related materials can be viewed online here: www.ci.milpitas.ca.gov/government/council/agenda_minutes.asp
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