City Council - August 1, 2017

Updated 5 days ago

City Council: August 1, 2017

Chapters

CLOSED SESSION ANNOUNCEMENT (00:00:18)
PRESENTATIONS (00:11:35)

• Recognize Milpitas International BBQ Volunteers • Recognize Taiwanese American
PUBLIC FORUM (00:19:00)
11. Per Request of Mayor Tran, Authorize More Than (00:39:55)
ANNOUNCEMENTS (00:43:30)
1. Conduct a Public Hearing and Adopt a Resolution (00:49:01)

On January 3, 2017, the Milpitas City Council adopted Resolution No. 8640 declaring noxious or dangerous weeds growing upon certain described property to be a public nuisance that must be abated by the removal of the weeds. If the public nuisance was not removed from the properties by the owner, the City contracted with the County Department of Agriculture and Environmental Management to remove the weeds and abate the nuisance. In accordance with Title V, Chapter 202, Weed Abatement, of the Milpitas Municipal Code, the County Department of Agriculture and Environmental Management filed with the City Clerk a report and assessment list on weeds abated within the City as nuisances. The report and notice of the public hearing was posted at City Hall, pursuant to Milpitas Municipal Code section V-202-9.00. Notice of the public hearing was advertised in the local newspaper on July 21.
2. Conduct a Public Hearing to Consider Request to (00:53:17)

The Pakistan American Culture Center (PACC) of Milpitas filed two applications with the City Clerk in July: (1) to rent Milpitas City Hall outdoor plaza from 7:00–9:00 PM on Saturday, August 12, 2017 and (2) a request to hold a ground level flag ceremony on that date. Currently, Milpitas Municipal Code I-600-2.40 requires “all ground level ceremonies must be approved by the City Council . . . and . . . a public hearing will be held regarding each ground level ceremony application prior to its approval or denial by the City Council.” Subsequent to the form being submitted, the organization amended the date for the event request to Monday, August 14, 2017, which is the actual date of Pakistan’s Independence.
3. Conduct a Public Hearing and Adopt Urgency Ordi (01:00:11)

On May 22, 2017, Milpitas City Council participated in a study session on affordable housing issues within the City. After hearing from staff and the public, Council directed staff to research and bring back options for City action to facilitate the preservation of existing and production of new affordable housing in Milpitas. As Council heard then, stable housing is a foundational need of families and individuals alike. Losing housing, especially affordable housing, can come at a high cost. Displacement from one’s home can interrupt the education of children in the household; negatively impact tenants’ finances, due to the need to relocate and pay new security deposits and rental application fees; degrade established neighborhoods and communities; and lead to increased commute times and traffic impacts, if displaced workers cannot find affordable housing within the city in which they work.
4. Receive Presentation about Billing Changes and (02:18:10)

On November 14, 2016, the City Council adopted Resolution No. 8602 to award the franchise agreement for collection of solid waste and the collection and processing of recyclable and organic materials to Garden City Sanitation, Inc., doing business as Milpitas Sanitation, Inc. New recycling and garbage collection services for residents and businesses will begin on December 1, 2017.
5. Approve Recommendation for Appointment of the F (03:07:15)

ABX1 26 dissolved the Milpitas Redevelopment Agency (RDA) on February 1, 2012 and transferred all RDA assets and obligations to the Successor Agency (SA) to the Former Milpitas Redevelopment Agency. The Successor Agency is tasked with winding down former RDA activities, paying off any contractual obligations and debts, and disposing of properties when possible. The SA reports to the Milpitas Oversight Board which was formed on March 26, 2012. All Oversight Board actions are subject to review and approval by the State Department of Finance (DOF).
12. Per Request of Mayor Tran, Authorize More Than (03:24:00)
14. HOUSING AUTHORITY: Consider Request for a Pred (04:00:05)

Resources for Community Development (RCD), a not for profit affordable housing developer, has requested a commitment of $150,000 for predevelopment expenses for a proposed 101 unit affordable rental development, located at 355 Sango Court. The 101 unit development would include 40 units for veterans, 18 which are homeless. The remaining units are for low or very low income households not to exceed 60% of Area Median Income (AMI). For reference, a 4-person household at 60% AMI earns approximately $68,000 per year. At this time, RCD is only requesting a commitment of funds from the City.
6. Per Request of Councilmember Nuñez, Discuss th (04:12:25)

Councilmember Nuñez requested to discuss the topic of the State of the City speech by the City’s Mayor. To date, such a speech has been given by the Mayor of the City of Milpitas in some years, but has not always been a routine event. The Mayor has given such a speech at the invitation and sponsorship of the Milpitas Chamber of Commerce. The last time the Milpitas Mayor gave a State of the City address was May 30, 2013 and it was held at the Community Center’s auditorium. In years prior, the speech has been given in the City Hall Council Chambers, as reserved by the Milpitas Chamber.
7. Receive Report on Commissioners’ Attendance (04:20:50)

On May 16, City Council discussed attendance by some City Commissioners and requested a report back from staff on current policies. Members of City Commissions are guided by the by-laws of the Commission on which they serve. City Council is guided by the established City Council Handbook and one section of the handbook contains rules on Commissioner attendance.
8. Adopt a Resolution Approving a Censure Policy f (04:26:37)

Censure is defined as the “formal resolution of a legislative, administrative or other body reprimanding a person, normally one of its own members, for specified conduct.” (Black’s Law Dictionary.) Public censure of a City Councilmember is generally done in the form of a resolution of reproach that is adopted by the City Council and then read to the members of the public in attendance at that City Council meeting. The resolution of reproach thus becomes a public record of the City.
13. Per Request of Councilmember Nuñez, Discuss C (04:56:00)

Councilmember Nuñez brought this agenda item to request a discussion with the City Council regarding the current Standard Operating Procedure Policy No. 6-1, relating to Travel and Expense Policy.
15. Receive Staff Report on City Manager Signing A (05:10:14)

At the June 27, 2017 City Council meeting, Councilmember Nuñez requested a report on City Manager Signing Authority and the contracts approved under this authority the last three fiscal years. Title 1, Chapter 4 (Contract Authority) of the Milpitas Municipal Code provides the City Manager authorization to enter into and execute contracts on behalf of the City up to $100,000 for funds that have already been appropriated by the Council. This level of authority was approved by Council on May 19, 2015 via Ordinance No. 289 and went into effect June 2, 2015. Prior to this date, the level of City Manager contract Authority was set at $20,000. The change was made to improve day-to-day operating efficiency since Council only meets twice a month and was recommended by the Council Finance Subcommittee after a survey of other local municipalities. Reasons of efficiency remain today and day-to-day operations of the City would slow if the level of authority were reduced in the future. Nevertheless, while not specifically required by Municipal Code, regular reporting to Council on contracts approved within City Manager authority was scheduled to commence after the 2015 increase. That has not started as of yet and thus, quarterly reporting will commence henceforth.
18. Discuss Recommendation to Amend the By-Laws of (05:36:01)

Per the Planning Commission’s request in September 2016 to consider potential amendments to its rules and regulations, staff worked with Commissioners to clean up existing language and draft a revised version. The Planning Commission has recommended the City Council amend the Commission bylaws.
19. Consider Introduction of Ordinance No. 65.146 (05:58:12)

Assembly Bill (AB) 1236 added Section 65850.7 to the Government Code (GC) to require jurisdictions with a population of less than 200,000 to adopt an ordinance for expedited, streamlined processing for permitting of electric vehicle charging stations on or before September 30, 2017. The ordinance shall include the requirement that a jurisdiction adopt a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review.
24. Approve the Agreement Between the City of Milp (06:03:22)

Mobilitie requested a Conditional Use Permit for the construction of a new small cell site within the public right of way of existing street light pole. The equipment associated with the cellular antenna would be installed to the pole between seven and 24 feet above ground level. Planning Commission approved four Resolutions 16-025, 16-026, 16- 027, 16-029 for four sites. These small cell sites do not necessarily provide WiFi capability. The proposed agreement will allow for the installation of four small cell antennas at four municipal facilities. Any future small cell antenna installation by Mobilitie will be requested via additional site supplement.
33. Receive a Report on Emergency Repairs of Storm (06:16:24)

On March 20, 2017, the jockey pump at Penitencia Storm Pump Station experienced critical mechanical failure. The Penitencia Storm Pump Station is responsible for maintaining the water level of the Hall Park lagoon. Failure to repair the pump increased the potential for flooding of the Hall Park lagoon, placing lives and property at risk. Because the jockey pump failed during the rainy season, it was essential that staff have the pump repaired as soon as possible in order to mitigate the potential risk of flooding. Due to the seriousness of the mechanical failure, staff determined the pump could not be repaired in house. In order to protect public health and prevent property damage from potential flooding, staff contacted Pump Repair Service Company to make necessary repairs to the Penitencia Storm Pump Station jockey pump.
REPORTS OF MAYOR & COUNCILMEMBERS (06:17:44)