City Council - Regular Meeting

Okay, it is six o'clock. So I'll call the joint meeting of the Milpitas and the Housing Authority of September 15 2026. To order this meeting is being broadcast via zoom members of the public are invited to provide public comment either in person or remotely via zoom. The meeting is also available with live translation in more than 60 languages both actually through worldly Translation is accessible by mobile phone, computer, or the video displays in the console chambers. So by scanning the QR code located in the upper right-hand corner of the agenda's title page. So city staff, please verify that virtual participation is available and operating. With that, we'll move to today's business. City Clerk Guzzetta, please call the roll.

Yes, Mayor, I will confirm that Zoom is operating, and then we will call for the attendance. It's Vice Mayor Barbadeo. Council Member Chua.

Here.

Council Member Lam.

Here.

Council Member Lien.

Here.

Mayor Montano.

And I am here. Okay, thank you for that. And so before we adjourn to closed session, City Attorney Curtis, please brief the public on the closed session items for today.

Thank you, Mayor.

Thank you, Mayor. There's one item for closed session today that's conference with legal counsel, existing litigation. Existing litigation pursuant to government code section 54956.9D1 in the matter of Sharon Lewis versus the city of Milpitas et al., Superior Court of California, County of Santa Clara, case number 22CV398994.

OK, thank you. So before we adjourn to closed session, I will call for the election. I already said that. So I will call for public comment now. Anyone from the public concerning the closed session item?

I have no public speaker cards.

Nobody in the public. Okay. All right. So city clerk, do we have any speakers on zoom?

No, no, there are no speakers on zoom.

Okay, so we will adjourn to closed session. Okay, this meeting is now called to order. So it is now seven o'clock. City Attorney Curtis, is there any report from closed session?

There is no reportable action at this time.

Okay, thank you for that. So now let's all rise for the Pledge of Allegiance. Thank you. You may be seated. So as you know, we also have an invocation process. And tonight is Councilmember Chua. It is your turn for invocation.

Thank you, Mayor. Let us.

Sorry. Are you OK? I turned you off. I got it.

Let us take a moment of reflection as we begin this meeting. We ask for wisdom, patience, and clarity for the members of this council as we deliberate tonight May our discussions be guided by shared commitment to fairness, integrity, and the common good. Let us remain mindful of our responsibility to all members of our community. We hope for open minds, respectful dialogue, and decisions that strengthen, support, and uplift our community. Thank you so much. Thank you, Mayor. Okay. Thank you very much for those thoughtful words.

Okay. So now we're moving on to presentations. So we'll go down to the podium. And if there are any council members that would like to join me, come on down. Okay, welcome everyone. It's always good to see everyone here. Okay, we have to this one last. Okay, so National IT Professionals Day Proclamation. and the proclamation will be accepted by IT staff, which is Dan. Today we honor the vital contributions of information technology professionals who keep our digital world secure, reliable, and innovative here in Milpitas. Our IT management and staff work tirelessly to ensure transparency, cybersecurity, and uninterrupted services for our community. We also recognize the technology for its guidance on technology policy and services that benefit our residents. Their expertise strengthens our city and safeguards our future. So join me, Mayor Carmen Montano and the Milpita City Council in recognizing September 15th, 2026 as National IT Professional Day. So come on up so you can get your proclamation. Staff. We'll take a picture first and then we can have one of you guys or whoever wants to come and speak.

Thank you, Mayor and Council. IT works best when no one notices all the work that we're doing. Can you hear me? Okay. So IT works best when no one notices what we're doing from supporting our city staff to make and to make sure that our 911 dispatch and public safety are supported and also even including the live streaming that we're doing for council meetings and planning commissions. So on behalf of this team, thank you for recognizing their work. And we're proud to serve Milpitas. Thank you.

Hi, I'm Albert Elkhorn. I'm on the Technology Commission. And I joined this commission two years after the commission was formed. And when I joined, we didn't even have an IT department. So our very first job was to build a website. And to be honest, the website looked like an army jeep. But anyway, we got past that. We got an IT director hired, and we started watching the city build out the IT department. And we actually got to see things like laying the fiber optic through the various parts of the city to interconnect all the buildings. Anyway, I've had so much history with the IT department that I'm just so amazingly proud of them. Thank you.

Thank you, Albert. I don't know, you've been here for a long time. We used to have Milpitas TV. Yeah, yeah.

That way back.

Yeah, that's right. I remember. Well, thanks. Thank you for that. Okay, so the next one, accommodation, is the Childhood Cancer Awareness Month Proclamation. And this proclamation will be accepted by Alisa Gil Ojeda. She's an outreach specialist with Jacobs Heart Children's Cancer Support Services. So today we recognize September as Childhood Cancer Awareness Month in Milpitas. Each year, too many children in our community face a cancer diagnosis and too many families endure unimaginable challenges. Organizations like Jacob's Heart stand beside these families. ensuring they are supported with housing, food, transportation and compassion. Tonight, we honor the children whose lives have been lost and those still fighting, and we reaffirm our community's commitment to supporting them. So join me, Mayor Carmen Montano and the Melpita City Council in recognizing September 15th, 2026 as Childhood Cancer Awareness Month. So if you can come on up. Elisa, is she here? Are you? Did I say your name right? Oh, okay. Okay, welcome, Eric. So we're going to give you this, take a picture first, and then you can come and say something.

Good evening, Mayor and members of the Milpitas City Council. My name is Eric Lua. I'm the CEO of Jacob's Heart Children's Cancer Support Services. On behalf of Jacob's Heart and the kiddos and families we serve, thank you for recognizing September as Childhood Cancer Awareness Month. For nearly 30 years, Jacob's Heart has supported children with cancer and their families throughout our region, including families right here in Santa Clara County. Today, we're supporting approximately 430 children with cancer and their family members. We help families with everything from transportation to treatment, groceries delivered right to their homes, and financial assistance. For a family facing childhood cancer, knowing that their community sees them and stands behind them means more than you might realize. So thank you to the City of Milpitas for helping bring awareness to childhood cancer, for recognizing the families that we serve, and for allowing me to be here to accept this proclamation on their behalf.

And we have another, Eric, we have another one for the Milpitas cancer kids first. Jessica Lee will be accepting the commendation. Is she here? Oh, Jessica, come on up. So this one's the Milpitas cancer first. Okay, it's not this. So again, we want to, give this commendation for their dedicated commitment to supporting children with pediatric cancer. So on behalf of the City of Milpitas, we, Mayor Carl Montano, Vice Mayor Gary Barbadeo, Councilmember Evelyn Chua, Councilmember Hanlian, and Councilmember William Lam, recognize and commend Milpitas Cancer Kids First for their dedicated commitment to supporting children with pediatric cancer. Through care packages, card making events, donation drives, STEM workshops, and community fundraisers, your chapter has brought comfort, encouragement, and deeply meaningful support to children and families facing difficult circumstances. So your compassion is what people need during a time of hardship. So again, thank you for your compassion and your service for all the children. Thank you so much. Please.

Please.

My name is Jessica Lay. I founded MoPeters Cancer Kids First, which is a chapter off of Cancer Kids First, one of the world's largest youth-led nonprofit for pediatric cancer kids. We do fundraisers and events to raise money and awareness. For example, we do Sanford bake sales. We also did a Jacob Hearts donation drive where we distributed donation boxes to elementary schools and we collected over 400 items. sorry 500 over 500 items um of clothes books and toys shout out to eric um we also did a uc davis stem lesson event where we um our officers hard-working officers worked over three months long hours um to teach some lessons to kids and we raised and donated over $1,600 to UC Davis Medical Center. We couldn't have done this without the Muppetus community and families who raised, who donated, who kindly donated their money and their materials to us. So thank you so much.

Thank you.

So we're also proud of you for doing this for the children. And then last but not least, we have the Mexican Independence Day Proclamation. And this proclamation will be accepted by Juliet Gomez. So on September 16th, 1810, Father Miguel Hidalgo's call for freedom ignited the movement that gave birth to an independent Mexico. Today we celebrate Mexican Independence Day and honor the courage and sacrifice that shaped history. Mexican Americans enrich Milpitas every day with their culture, their values, and contributions to our civic and economic life. This proclamation recognizes both the history of independence and the vibrant heritage that strengthens our community. So join me, Mayor Carmen Montano and the Milpita City Council in recognizing September 16th, 2026 as Mexican Independence Day. Thank you.

Good evening, everyone. Last year, I stood before you accepting the proclamation on behalf of my father. And today, I stand before you accepting this on behalf of my father in spirit as he stands beside me. So I want to say thank you to Mayor Carmen Montano, Vice Mayor Gary Barbadillo, and our city council for inviting me to accept this proclamation on behalf of our community in recognition of Mexican Independence Day. We celebrate our history, our culture, and our generations who come before us. We also acknowledge those who continue to carry the spirit forward. The mothers, the fathers, the abuelos, the abuelitas, the community leaders, people who worked hard and sacrificed to raise their families, and the communities that opened their doors for generations who followed. As a proud Mexican American, I believe we honor our heritage not only by remembering where we came from, but also by continuing to build stronger community together. Tonight, I proudly accept this proclamation on behalf of our Mexican-American community and those who celebrate beautiful culture, traditions, including El Grito, a history of contributions to Mexico. I'd like to close by sharing a poem I wrote to celebrate both sides of my roots, my Mexican heritage, and my American story. I am a Mexican. and I am an American. I'm always going to be a Mexican American. First generation, parents crossed the border, worked hard, achieved the American dream in a legitimate order. Hot summer months, working in the field, a work ethic people seek, survival to make ends meet. Sitting in the shade was always a treat. Virgen de Guadalupe and Posadas, Dia de los Muertos, Quinceañeras and Piñatas. A culture of faith, proud and strong. Yes, we belong. A few are wonderful traits our hearts will sing along to the timeless Johnny Cash and Vicente Fernandez songs. I'm always going to be a Mexican American. The American dream, home ownership, dance and mariachi music, diversity and friends, relationships, education, entrepreneurship. Yes, I'm always going to be a Mexican-American. I'm always going to stand strong. I will stand confident and tall, one nation under God, with liberty and justice for all. Thank you so much.

Thank you, Juliet. That was a beautiful poem. Thank you very much. Okay, thank you, everyone. Okay, so now let's move on to the public forum. Public comment may be provided both live and via Zoom. Public forum will be limited to two minutes. But before I call for public speakers, members of the public are invited to speak on matters not on tonight's agenda. We all know that's protocol. Under the Brown Act, public comment is limited to matters within the jurisdiction of the city council. We recognize that during election season, many people are interested in expressing their views on candidates or ballot measures. The election, however, is outside of the city council's jurisdiction and the city resources cannot, let me say that again, city resources cannot be used for advocacy for or against any candidate or measure. As such, we ask that members of the public refrain from advocating for or against matters on the ballot and limit their comments to matters within our jurisdiction. So City Clerk, I will call for speakers. Do you have any speaker cards?

Yes, Mayor, I do have two speaker cards. I have the first one from Stacey Brobst, followed by Rob Means. Mayor, how long do you want public comment to be? Two minutes. Thank you.

so welcome thank you good evening in may and june mayor montano claimed both during city council meetings and in an op-ed in the milpitas beat that the milpitas food pantry is not open frequently enough doesn't provide clients enough food and made other accusations the mayor directed city staff to prepare a report about increasing the food pantry's rent to market rate The report should be complete by now. This is the last meeting of September and the issue still has not been on the agenda. The most likely reasons it hasn't appeared is that you either don't want to admit that you've changed your mind or do want to increase the rent but are worried about the consequences. Put the issue on the agenda for October 6th meeting and let people know where you stand. If your plan is to delay the vote until after the election and hope that Milpitas residents forget, you are underestimating the value Milpitians put on their community. We aren't going anywhere. Thank you.

Okay. And we will come back to that item at the end of the meeting. Next. Next we have Rob Means.

Last week, the VTA's Policy Advisory Committee met, and I made some comments I'd like to share with you, which included that on various factors that users of mass transit really prize highly, PRT podcar technology excels. In fact, if you combine the 24-7, on-demand, mobility of the technology with lots of conveniently located stations, it's actually quicker for a commuter on the BART train that arrives at the Berryessa station to get to the Deeradon Caltrain station by getting off of BART and riding the PRT because of the BART's deep underground platform and long walk to Caltrain. Now, that BART extension is going to take at least 10 years to complete. We could do a much better, quicker job, much less expensive job using PRT technology in just a few years. And given the rapidly evolving crisis of our climate, time may be our most precious resource. I'm really calling on this council to direct our representatives to both the VTA board and the various committees to start putting the brakes on the BART extension project. It is a high risk venture with an extremely high price tag and, frankly, a relatively low return on investment. And for us to continue supporting that project seems like a complicity in what is a fiduciary irresponsible act. And I have urge you to stop supporting it. Thank you.

Okay. Are there any other speakers?

I don't have any speaker cards. However, I will call for speakers from zoom. If someone would like to address the city council under the public forum, please raise your hand. I have no public speakers on zoom mayor.

Okay. Thank you. Anyone from the floor. Okay. So with that, we will close the public forum and move on to announcement of conflict of interest in campaign contributions.

Mayor, if I may, I would ask the mayor and each council member at this time whether he or she has any financial or personal conflict of interest related to any of the items on tonight's agenda.

Vice Mayor Barbadio?

None.

Council Member Chua? None. Council Member Lamb?

None.

Council Member Leigh-Anne? None. Mayor Montano? None.

I would also now ask the mayor and the members of the Milpita City Council to please disclose any campaign contributions of $100 or more received within the last 12 months from any of the parties entering into contracts with the city on tonight's agenda or contributions received from the development project applicant for development projects on tonight's agenda?

Vice Mayor Barbadio?

None.

Council Member Chua? None. Council Member Lam?

None.

Council Member Lien? None. Mayor Montano? None.

I would ask that the record reflect no reported conflicts.

Okay, thank you very much for that. And so now moving on to reading the code of conduct. Is there any volunteer from the dais that would like to read it? No one? Okay, so I will go ahead and read it out loud. Excuse me. Milpitas City Code of Conduct. Be respectful and courteous. Words, tone, and body language do matter. I mean, you'd be surprised. People don't have to say anything. You just see their body language and you know what they're talking about. Also, model civility. Avoid surprises. Praise publicly and criticize privately. Focus on the issue, not the person. Use electronic devices appropriately 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. The Council speaks, as I mentioned, even though We vote on something, my one council member might not like it, but it's a done deal. And that's what a lot of council members need to remember. We speak with one voice. Respect the line between policy and administration. Council will hold one another accountable to comply with this code of conduct. Okay, and then now moving on to the approval of the agenda. Is there anyone that would like to make any changes before we make a motion? If not, let's call for a motion and a second. Okay, it was motioned by Council Member Chua. Is there a second? It was seconded by Vice Mayor Barbadeo. And let's call for the vote.

Vice Mayor Barbadeo.

Aye.

Council Member Chua. Aye. Council Member Lam. Aye. Council Member Lien. Aye. Mayor Montano.

And I am an aye. Okay, next we're moving on to the consent calendar. Staff, do you have any comments on the consent calendar? Seeing none, is there anyone from the audience? Okay, now I will ask for public comment.

I have no public speakers, Mayor.

Is there anyone from the floor that would like to make any comments on the consent calendar? If not, I need a motion in a second. So it was motioned by Council Member Chua, seconded by Vice Mayor Barbadio. And let's call for the vote.

Vice Mayor Barbadio.

Aye.

Council Member Chua. Aye. Council Member Lam.

Aye.

Council Member Lian. Aye. Mayor Montano. And I am an aye.

Okay. So now we're moving on to public hearings. And we will have staff. So City Manager, do you want to read that?

Mayor and Council and the public hearings first item is to approve a draft program year 25 community development block grant consolidated annual performance and evaluation report. And that will be presented by our housing official our new housing official, Mr. John Hall, who is I believe in his second week. With that, Madam Mayor and Council, I will yield to Mr. Hall. Welcome.

Thank you. Good evening, Mayor Montano, Vice Mayor Barbadillo, members of the city council and members of the DAIS and neighbors. I'm John Hall, housing official. I'm here tonight to present to you the Consolidated Annual Performance and Evaluation Report. This particular report evaluates the city's performance. Trying to get the PowerPoint going.

Just one moment on the PowerPoint.

Okay. The Consolidated Annual Performance and Evaluation Report. This particular report evaluates the city's performance with its only entitlement grant, which is the Community Development Block Grant. The CAPER that we call, in short, for the Consolidated Annual Performance and Evaluation Report, it's an annual report that we must submit to the U.S. Department of Housing and Urban Development because we receive an entitlement grant, the Community Development Block Grant. The annual report is in accordance with title 24 code of federal regulations part 570 and it summarizes our first year program year 2025 accomplishments and performance with our first grant with the Community Development Block Grant for the calendar year July 1st 2025 through June 30th 2026. This particular program year, we allocated $1,215,125 to go to specific activities that were outlined in the consolidated plan. We expended $983,882. as outlined on this particular slide. This slide that you see now indicates from left to right the program name. These are the eligible activities that were approved pursuant to our consolidated plan. So we have indicated to the US Department of Housing and Urban Development over the next five years, we will fund in these categories, affordable housing, preservation through ownership, affordable housing through rental, public services, economic development, focus on micro enterprises and planning and administrative functions. So this particular CAPER report is providing the output for the last program year of how we utilized and expended those dollars. So the accomplishments are in the center of the slide, what we've allocated and to whom, and then the right part of the slide is the outcome. So we've provided assistance to just under 600 Milpitas residents over the last program year, and again, expended $983,000 out of our 1.2 million resources that were available. The next slide simply shows our progress toward achieving our goals, again, over the five-year period. Again, the goals are high priority activities that we're funding for program year 2025 we expended 100% of our 148 units that we funded through terrorists gardens. And we also were able to assist 14 out of 23 homeowners with rehabilitation, so that they could agent place and stay in their homes. On the public service line item, we actually exceeded our goals by twofold. We serviced 394 residents when we had a goal for the year of 179. And then for the workforce and economic development, which is the microenterprise program, we were able to service 40 microprice companies or residents who own their own companies who have less than five employees. And then our planning and administration grant, we expended 92% of our allocated funds. These numbers are in greater detail on pages 3 to 5 in the CAPER report in your packet. This overview summarizes the production and performance that the City of Milpitas has had over the last program year for the Community Development Block Grant Program. Staff asked for City Council to conduct the public hearing to consider adoption of the program year 2025 Community Development Block Grant Consolidated Annual Performance and Evaluation Report and authorize the city manager or designee to make any necessary revisions so that we can submit the approved program year 2025 CAPER to the U.S. Department of Housing and Urban Development by September 28th. of this year, which is in accordance with the deadline for the report to be received. Staff and I are available for questions if you have them.

Thank you very much for your presentation. So now I'll open up the public hearing on the presentation. So we have any speakers?

Yes, Mayor, we do have several speaker cards here. I'm going to call them in groups in order of three. The first is going to be Jonathan Dar, followed by Angelica Hogan, and then Carol Kahn. Okay, welcome.

Good evening. Mayor, council, staff, my name is Jonathan Dar. I'm the development director at Nextdoor Solutions to Domestic Violence. We've provided domestic violence services to Santa Clara County and to the city of Milpitas since 1971. At this point, we're seeing about 2,000 people a year. Between 17 and 20,000 phone calls, we are open Late in the evening, we are the agency that always works to say, yes, we have 285 years of experience working in domestic violence on our staff. And we endeavor to be the place that anyone from Milpitas who's in need or knows someone in need can come to and find some sort of support through housing, legal, therapy. We have 17 support groups. Some of those are by group. We have a group for men, which is rare. We have a group at the prison. of LGBT groups. And we want to make sure that anyone, no matter what protected status or not protected status, whatever status they are, has access to the experience that the people in the room have every day we open our office. We are so pleased to be in communication with and working with the team at the housing program here that works on CDBG for the city of Milpitas. You are extremely communicative. We always know what's up. We always know how to work with you. We always celebrate the back and forth that we have. this is not how it always works it's very very easy to work with the city thanks to Michelle and now thanks to John who will get to know we always welcome everyone to visit we just moved to the Sobrato Center for nonprofits about two weeks ago we'll be updating all of our records but we've moved in with the Sobrato organization and we're happy to be there we have a larger space We have the ability to fit more people, do more things, and work cross-platform with all the other organizations that work on things like legal and housing. And we have about 110 partners. Thank you so much, though. We appreciate you.

Thank you very much. Is that the one, Sobrato? Is that the one over there by Race Street?

Yes, it's on 1400 Parkmore.

Oh, yes, yes. That's a huge area. Well, thank you for all your hard work.

Next we have Angelica Holguin followed by Carol Kahn and then Georgia Basile. Welcome.

Good evening Mayor and members of the City Council as well as the staff. My name is Angelica Holguin. I'm the Director of Programs with Silicon Valley Independent Living Center and I'm honored to be here tonight to provide a brief review of our CDBG funded services and to thank the City of Milpitas for your continued partnership. During the 25-26 program year, SVILC served 48 low-income Milpitas residents and households, including people with disabilities and older adults. Our work focused on helping residents find, obtain, and maintain safe, affordable, and accessible housing while supporting their independence in the community. Services include housing assessments, planning, housing search, placement assistance, housing stability and eviction prevention support, accessibility advocacy, housing related resource coordination, and connections to benefit and community services. For many of our residents we serve, finding housing involves much more than locating an available unit. They may face accessibility barriers, limited income, application challenges, transportation needs, or difficulty navigating multiple systems. SVILC helps residents navigate those barriers and develop a clear path towards housing stability and independence. The City's CBDPG investment makes this individualized support possible and allows us to reach residents who may otherwise struggle to navigate the housing system alone. On behalf of SVILC, I want to sincerely thank the mayor, city council, city staff, and the city of Milpitas for your continued support and partnership. We are proud to serve Milpitas residents and grateful for the opportunity to help people with disabilities and older adults remain housed, independent, and connected to their community. Thank you for investing in the people of Milpitas and for allowing SVILC to partner in this important work. It is truly an honor to serve this community. Thank you.

Thank you very much. Next, we have Carol Kahn, followed by Georgia Basile, and then Deanne Everton.

OK, welcome. Good evening. Thank you. I'm Carol Kahn. I'm the executive director of Project Sentinel. And I want to take this opportunity to thank the mayor, vice mayor, and council members for over 20 years of support to Project Sentinel for its comprehensive housing services. And to remind, that includes a unit that advocates for folks experiencing barriers of discrimination in housing. tenant landlord dispute resolution and conflict de-escalation to avoid displacement, eviction, and homelessness. And we also have HUD-certified homeownership counseling unit that works with low-income homeowners experiencing financial distress, meaning that they could fall into foreclosure. We help them with financial budgeting, loan modifications, and other mechanisms to ensure their financial stability. And in essence, we are very happy to be in the community of Milpitas, view it to be quite an honor to be part of what is keeping this community stable. We are in uncertain times and rents are higher than anyone wants them to be. This is across our region, in particular in Northern California. Thank you again for the support. It's very much needed in the community and I welcome any questions if you have them. Thank you very much.

Okay. Next we have Georgia Basile filed by Deanna Everton.

Hello again and good evening. Georgia Basile, Directing Attorney of Senior Adults Legal Assistance, SALA. As you know, we provide free legal services Two Milpitas residents, 62 or older. We target clients that are low income or at risk of abuse or loss of independence. We provide our services locally at Barbaralee Senior Center. We want to thank the Senior Center for hosting us. They also schedule our appointments. We also see clients by phone that cannot leave their homes or with emergencies that can't wait for a Senior Center appointment. We are a current CDBG grantee and we thank you. Your funding supports expanded availability of our services to Milpitas residents. We were also a CDBG grantee last year. The CAPER indicates that SALA provided free legal services to 37 Milpitas residents, 62 or older. I want to share some information about them. Almost 80% were very low income, at or below 50% of the median. They could not afford a private attorney for the services we provided free of charge. 43% of these clients were also 75 or older, placing them at greater risk. of abuse or loss of independence. We cannot charge fees for our services or accept fee-generating cases. The primary way we support our services is through grants like CDBG. This year, unfortunately, the county eliminated unmet civil legal needs funding. We've been receiving it for 20 years for legal aid programs such as SALA because they shifted their priorities to other legal services. This funding supported our services in Milpitas as well as countywide. So in this current funding climate, We really do appreciate your support because, again, we can't charge fees or take fee generating cases. So thank you very much for your support. And I also want to thank the staff for their support. Thank you very much.

We have no additional speaker cards. Oh, we do have Deanne Everett, and I apologize. So after Deanne, we have no additional speaker cards. You're welcome.

Welcome, John, and good to see you, Michelle and council members. I'm always grateful to have the opportunity to come and share about our work, and I'm really grateful for your continued support for Rebuilding Together Silicon Valley. For nearly 20 years, the city of Milpitas has partnered with us to preserve affordable housing through critical home repairs and accessibility modifications. Together, we are helping residents remain safe healthy and securely housed in the community they call home. We serve low income homeowners, especially older adults, people with disabilities, families with children and veterans. And last year alone, we completed 172 repairs for 14 Milpitas households, primarily serving residents who are extremely low income. Many of these homeowners face impossible choices between paying for food and medication, and repairing a leaky roof, a broken plumbing, unsafe electrical systems, or an inaccessible entryway. By completing repairs at no cost to the homeowners, we reduce the risk of injury, illness, and displacement while restoring independence and peace of mind. The benefits reach far beyond each individual repair. Our work allows residents to age in place, near family, friends, and essential services, preserves naturally occurring affordable housing, prevents homelessness and strengthens neighborhood stability, and protects family assets for future generations. It's also a smart investment. Preserving an existing home costs far less than replacing it, and every dollar invested in our work generates nearly three times the social return Thank you for trusting us as a partner in support of Milpitas' priority to maintain and preserve existing housing. Thank you very much. Thank you.

And now we have several speakers on Zoom. The first speaker that I'm going to call is Linda Phillips.

Good evening. My name is Linda Phillips, Director of Community Development at Sourcewise, a nonprofit organization serving older adults, persons with disabilities, and caregivers in Santa Clara County. We provide 20 different programs using a person-centered approach to enhance independence and quality of life. As you know, last year, our Meals on Wheels program served 77 older adults through home-delivered meals. We also had a wait list and worked swiftly internally and with community partners to provide food to older adults. This year, meals were reduced to address the wait list because there is an increased demand for services across the county and flat funding from the federal government. Seniors now receive five meals per week and other food items such as whole wheat bread, fresh fruit, low fat milk, and five days of supplemental items such as oatmeal, cereal, waffles or pancakes, breakfast pizza or an egg. SourceWise also continues to support older adults interested in other food options such as CalFresh by assisting with application enrollment or renewals or referring individuals to other food resources available in the county. As the aging population continues to grow each year, we sincerely thank you for continuing to invest in supportive services for homebound seniors through our Meals on Wheels program. Thank you so much.

Next we have, all right, thank you.

Ms. Phillips is from which organization? I didn't catch it. SourceWise, huh?

Ms. Phillips, what organization are you with? I am with Sourcewise.

Okay, got it. Thank you. Thank you, Ms. Sussan.

Next, we have Lindsay Mansfield.

Good evening. Can you hear me?

Yes, we can.

Okay, great. Good evening, Mayor and Council Members. My name is Lindsay Mansfield. I'm the Director of Healing and Justice at YWCA Golden Gate, Silicon Valley. I wanted to thank the City of Milpitas for its continued partnership, share a little bit about our services, and share some of our accomplishments from last year. YWCA is proud to provide residents of Milpitas with the continuum of free, essential domestic violence and sexual assault services. CDBG funding allows us to provide survivors with crisis intervention, advocacy, safety planning, emotional support, legal services, resource navigation, and connections to longer-term support. such as housing and childcare. We do this at a time when people are experiencing significant barriers and instability in their life. So these are really essential core services. We provide these services in the community and we meet survivors where they're at both physically and emotionally. All of our services are survivor centered, culturally responsive and trauma informed. Last year we exceeded all three of our annual service goals. We served 40 unduplicated Milpitas residents. We provided 76 crisis intervention services. So that's like answering a hotline call or meeting somebody out at a hospital. And we also responded to 107 police reports. As a designated law enforcement partner, YWCA strengthened our partnership with Milpitas PD. We invited them to visit our North County office and we were able to establish an additional option for survivors to come and receive our services anytime they feel comfortable coming there. This really helps to expand the pathways to safety and connect people to services based on their individual needs. We're super grateful for the City of Milpitas and your continued investment in these services and for the opportunity to support survivors and their families in the community. Thank you so much.

OK, thank you. We have no additional speakers on Zoom, and I have no more speaker cards, Bayer.

OK, is there anyone from the floor that would like to make any comments? We have Mr. Leon. Come on up.

Thank you, Mayor Montana. My name is Oscar Leon, Chairman of the Housing Commission that works closely with the city. And thank you to all of you council members for the opportunity that we provide through the CDBG funding to all these agencies that are part of our community, our nonprofit agencies who are looking forward to serve our community. And the The sadness, let's put it in this way, when we have to listen to all the presentations that are given and well organized by the staff, Michelle and her staff, is that the requests are usually way much higher than what we can afford through the CDBG. And the needs in our community are such that I really appreciate every time that the city decides to add additional funds or provide additional support to some of the agencies who benefit our community. So thank you again for all your help and everything that is done on behalf of our community. Thank you, Mayor.

Okay. Thank you very much. Thank you very much. Is there anyone else from the floor? So I would just like to mention that a lot of people don't know what CDBG, it stands for Community Development Block Grant. This is for the public. So this program was started back in the 1960s when Lyndon Johnson decided to do a war, the war on poverty. And so this is when this project came about. And it really has helped a lot of people in the community as people that are struggling to make ends meet. And it's, it's a godsend. So and I'm glad that our city and our staff is really receptive to helping these non-profits that apply to help our residents. So again, thank you very much. Thank you very much for coming. That really means a lot when you guys show up. Thank you so much. All right. Next, I guess I will close the public hearing and we'll have council discussion. We can ask some of the applicants for any questions. Is there anyone that, we have Council Morichua?

Mayor. Again, it's always nice to see our grantees, right, to be here this evening and And like Mr. Dar, that I know your service is so essential to our residents. Ms. Angelica for Silicon Valley Independent Living, thank you so much. And Carol has always been here with us, I think many, many years since I've been on the council. And when I was on community council, Housing Now Commission, and also Attorney Basile. Nice to see you again. Thank you so much for the services that you provide to our seniors for legal advice and guidance. And Diana, what can I say? I went to one of the houses here in Milpitas being rehabilitated and there was like a lot of people there and they were so enthusiastic to help our residents. And thank you so much for the work of rebuilding together. We hope to see you many, many years to come. And of course, I'd like to thank our community housing chair, Mr. Oscar De Leon. Thank you so much for your support of the CDBG grant. And thank you to Michelle. And I welcome Mr. John Hall to our house as our housing officer. Thank you. This is such a great program for the city. Thank you, Mayor.

Okay, thank you. Any other questions from the council to the applicants? Okay, I don't see any. Seeing none, Mayor. So move.

Okay, so it was motioned by Council Member Chu. Move the recommendation of staff. Is there a second?

And it was seconded by a council in Berlin. This call for the vote.

Vice Mayor Barbadeo.

Aye.

Councilmember Chua. Aye. Councilmember Lam.

Aye.

Councilmember Lien. Aye. Mayor Montana. Aye. Thank you.

Okay, thank you. All right. Now, City Manager Hopkins.

Madam Mayor and Council continuing the public hearing next. We have received a presentation on red light camera traffic safety program and authorized the city manager a designee to negotiate and execute a three year agreement with very mobility for red light camera equipment and services. And our staff presenter will be our chief of police Chief Hernandez.

Thank you, City Manager Hopkins. Good evening, Council. Jared Hernandez serving as your police chief. As City Manager Hopkins had mentioned, this is a public hearing where the police department will be recommending the implementation of a red light program. The purpose behind that is to promote traffic safety in our community. This recommendation, it's a result of over a year of research and evaluation by members in the police department. And tonight, the primary presenter is going to be Assistant Chief of Police, Tyler Jamison, and we'll both be available for questions at the conclusion.

All right. Good evening, Mayor Montano, Vice Mayor Barbadeo, Council, Tyler Jamison, Assistant Chief of Police. And tonight, we have the pleasure of presenting on our proposed red light camera traffic safety program. The presentation will provide an overview of our current traffic safety challenges, the limitations of our existing enforcement resources, how red light camera technology works, and how the program can help improve safety at some of our higher risk intersections. The primary goal of the program is to reduce traffic collisions, change dangerous driving behavior, and improve traffic safety for everyone traveling through Milpitas. So to provide some context, our Traffic Safety Unit has seen a significant reduction in staffing over the years. In the early 2000s, 15 officers were funded and assigned to the Traffic Safety Unit. Today, we only have six funded positions with two currently vacant to supplement patrol staffing and only three motorcycle officers currently handling traffic enforcement citywide. Because Milpitas is continuously growing, calls for service and traffic volume has also increased, making it more difficult to maintain consistent proactive traffic enforcement. Programs like a red light camera program can help supplement our existing efforts and improve safety in areas with ongoing traffic concerns. So as our resources have been redirected to maintain patrol staffing and response times, our capacity for a higher visibility has also been reduced. This has created a gap in our traffic safety efforts that automated enforcement can help address by supplementing the limited staffing and improving safety at key intersections. So as everyone knows, Milpitas is uniquely situated at the intersection of three major corridors. And as a result, our roadways experience a significant volume of daily traffic from not just residents but commuters throughout the day and visitors traveling throughout the Bay Area. With that traffic volume also comes an increased potential for collisions and red light violations, particularly at busy intersections. Red light violations can also lead to a range of crashes from minor property damage collisions to serious injuries or death. involving drivers, bicyclists, and pedestrians. Because intersections are shared by all roadway users, improving compliance at traffic signals is one of the most effective ways to reduce preventable crashes and enhance public safety. So to better understand the need for enhanced traffic safety measures, we did analyze collision data over the past three years. The Office of Traffic Safety recorded 212 fatal and injury collisions in our city and ranked us 70th out of 103 comparable statewide cities. Internal statistics also showed an additional 44 collisions that were unaccounted for, raising that number to 256 collisions in 2023. When we examined collision trends from 2023 all the way to today, several intersections consistently emerged as areas of concern, including Calaveras Boulevard, Great Mall Parkway, McCarthy Ranch, and North Milpitas at Dixon Road. These locations experience high traffic volumes and a significant number of collisions, as you can see from the heat map where the blue areas are the most, the highest areas that have traffic collisions, making them important areas to consider when evaluating additional traffic safety measures. So as we previously mentioned, staffing limitations have reduced our capacity for dedicated traffic enforcement. With a smaller traffic safety unit and numerous high traffic intersections, maintaining a consistent presence is always challenging. Automated enforcement helps bridge that gap by serving as a force multiplier because evidence supports that cameras and clearly posted signage deter violations, encourage compliance, and help improve driver behavior over time. In addition, these would be enforceable citations processed through the court system, which has historically demonstrated a stronger deterrent effect than administrative enforcement models. By reducing repeat violations and increasing compliance, automated enforcement can help improve safety at intersections throughout the city. So while there's no single solution that's gonna eliminate all traffic collisions, research has consistently shown that automated red light enforcement improves intersection safety. So you can see from this slide that in the city of Oxnard, there was a 29% reduction in injury collisions at signalized intersections following the implementation of a red light camera program. National studies have also found a 21% reduction in fatal crashes related to red light running in larger cities that utilize automated enforcement. Although the results can vary by the community, the findings have been consistent across the board in that when drivers know enforcement's presence, compliance always improves and dangerous red light violations decrease. So a red light camera program is authorized under California law. Under the vehicle code, we are required to conduct a public hearing on the proposed use of automated enforcement system prior to authorization. And tonight's presentation is part of that transparent process and provides an opportunity for council and the community to review, discuss, and provide any feedback on a proposed program. Violations are issued pursuant to the California Vehicle Code, the same statute that applies when an officer cites a driver for running a red light during a traditional traffic stop. And as a result, all citations carry the same fines, penalties, and due process protections. California law also requires several safeguards, as you'll see from the slide, for automated enforcement programs, including advanced warning signs, a 30-day warning period at new locations, and compliance with state traffic engineering standards for signal timing. These requirements help ensure the program is implemented fairly, transparently, and with a focus on traffic safety. So to identify the best solution for Milpitas, our staff conducted a comprehensive evaluation of red light camera solutions that provides automated red light enforcement systems. Through that process, we identified Vera Mobility as a comprehensive red light safety camera program that meets the city's operational, technical, and traffic safety needs. Vera Mobility is currently the only red light vendor that integrates with the Santa Clara County court systems. The proposed system is utilized by more than 25 law enforcement agencies throughout California, including several agencies around the Bay Area, demonstrating a proven track record of reliability and effectiveness. So the proposed system uses a fixed red light safety camera with radar technology to accurately detect violations and analyze more than 100 vehicles simultaneously. A single camera installation can monitor up to six lanes of traffic, and it operates effectively in all weather conditions, providing reliable continuous enforcement at targeted intersections. It only records red light violations. It does not record speed or any other violations. So how does it work? This slide illustrates how the red light camera system documents a violation. So when a vehicle enters an intersection after the signal's turned red, the system's activated and it captures multiple images of the violation. Image one shows the vehicle before it enters the intersection while the signal is red. Image two shows the vehicle proceeding through the intersection against the red light. Additional images document the driver and the vehicle's license plate while the system also records important supporting data such as your date, your time, and your signal timing information. A short video clip of the event is also captured providing additional context and evidence. The combination of the photos, the videos, and the intersection data helps ensure that each potential violation is thoroughly documented before even being reviewed. It's important to note that the technology only captures potential violations. Each event is reviewed independently before a citation is issued, ensuring proper appropriate oversight and accountability in the entire process. So this slide shows an example of a documented red light violation captured by the system. The image provides a clear sequence of the violation, showing the vehicle's location in relation to the stop line. An intersection after the signal has turned red. At the top of the photo, the system records the supporting information mentioned earlier. This objectivity helps ensure that potential violations are accurately documented and reviewed. This is another example of a documented violation and demonstrates the level of detail captured by the system. The evidence package includes multiple images, the vehicle information, and supporting data that allows the reviewer to evaluate the event and determine whether a violation actually occurred. Capturing multiple perspectives helps provide a complete picture of the incident and supports a fair and consistent review process. Hopefully this video works so that I can show you guys a video.

There we go.

So along with the photos and the data, the system captures a short video. I played it right there so you can see the level of detail and documentation from the system. And this helps verify any potential violations, provides the reviewer with a more complete understanding of what occurred before any enforcement action is taken. So the red light camera program includes multiple layers of review to help ensure accuracy, fairness, and compliance with all applicable laws. When a potential violation is captured, the event is first reviewed by Vero Mobility to confirm that it meets the criteria that's pre-established by the police department. So we set all that criteria before implementation. Information is then compared with DMV records to verify vehicle ownership and assist in identifying the driver. The event is then transmitted to the police department where an officer Staff member can conduct an independent review of the evidence, including all the images, the photos, and supporting data. Only violations that meet all required criteria are approved for citation. If approved, the citations then mail to the registered owner with information regarding payment options and the process for contesting the citation. This process ensures that every citation involves a human component, and it's not solely based on automation. So the proposed programs delivered as a fully managed service that includes intersection surveys, equipment installation, programming, maintenance, training, and ongoing support from Vero Mobility. The program is designed to be cost neutral to minimize impacts on our general fund. Based on the projected activity levels, the program is expected to recover its operational costs through the established enforcement process. This approach allows the city to enhance traffic safety and do so in a fiscally responsible manner. So camera locations would be selected using a data-driven approach that considers collision history, traffic volume, signal timing, and intersection characteristics. By prioritizing the high-risk intersections, the program can focus enforcement where it is most likely to improve safety, reduce collisions, and maximize the effectiveness of the system. So these projected trends here are the intersection surveys that Barrow Mobility produced while we were doing the evaluation study. So during the research and evaluation phase, we worked with Barrow Mobility and identified several intersections throughout the city, and they developed projections based on traffic volume and observed traffic activity. So this slide summarizes the intersections that were analyzed and the projected activity levels at each location. So you can see even after maturity where the predicted monthly violations after 12 to 18 months, are still very significant in all those areas. And as we mentioned previously, it's cost neutral. So each intersection would only have to have two violations per day to recoup the cost of the program. Staff used all this analysis, including the historical collision data from the PD to determine the most appropriate intersections for deployment. And this data-driven approach helps ensure the program's focused on locations where it has the greatest impact. So this next slide is an overview of the two different programs. California provides two different approaches for automated red light enforcement. So tonight we are recommending a traditional red light camera program that's administered through the local law enforcement. And however, there's also a civil program which is solely administered through a transportation or public works department. The police department cannot manage that. There's several key differences between the two models. Under the traditional model, citations are issued under the vehicle code. The drivers identified as part of the review process and violations are like a typical citation through the court system. So it's no different as if an officer had written that individual a ticket. Under the civil model enforcement administrative in nature, citations are issued to the registered vehicle owner and cases are handled through an administrative process rather than a court system. So the easiest way to think of that is if you're a business owner and you have vehicles registered under your name, you the business owner, regardless of who the driver is, would be the one that receives a citation under an administrative process. The two programs also differ in how any net proceeds may be utilized. Under the traditional model, net proceeds are distributed consistent with existing traffic citation processes and deposited into the city's general funds with no spending restrictions. Whereas the civil model requires proceeds to be dedicated to only eligible traffic calming measures and must be expended within three years or it reverts to a California Transportation Commission. So this comparison table is intended to provide the council and community with an understanding of the available options and the operational considerations associated with each approach. So based on the analysis presented this evening, our staff is going to be recommending implementing a traditional red light camera program for the 28 identified approaches shown in the earlier projected trend slide. The initial phase, however, would include seven approaches identified through a data-driven evaluation process. Five approaches would be implemented within three to four months after the contract execution because they're city intersections, while two other identified approaches require Caltrans approval and are anticipated to be implemented usually in about six to eight months after contract execution. The program would also initially be managed using existing staff and resources to evaluate the operational workload. There may come a time where future intersections are implemented that additional staff may be needed. This phased approach allows the city to evaluate the effectiveness, monitor changes and violation trends, and assess future expansion opportunities based on actual results. So the next steps if council does approve the program, if we are directed to proceed, staff would move forward with the appropriate procurement process, contract development, and program deployment. An important component of implementation will also be continued community outreach. Staff would provide information through a community meeting, social media, the police department's website, or other communication channels to ensure residents understand how the program works and what to expect. Following implementation, staff would continuously evaluate the program by monitoring violation trends, assessing operational impacts, and measuring overall effectiveness. The results of that evaluation would help inform future decisions regarding the program and any potential expansion opportunities, including additional staff. So that concludes our presentation, and I'd be happy to answer any questions you may have.

Okay, thank you very much for that presentation, and now we will move to the public hearing, and then after that we can ask questions from the council. So anyone from the public?

I have no public speaker cards and there are no speakers on Zoom.

Is there anyone on the floor that would like to make any comments on this item? Seeing none, we'll move, we'll close this public hearing and then move to the council for questions. Anyone have any questions? We have a council member, Vice Mayor Barbadio.

going to the presentation on the city of milpitas traffic safety statistics can we put that up please slide five slide five The one with traffic safety statistics.

With the heat map, sir? That's slide five.

Yes, sir.

Oh, on ours it's five. Did we add a slide?

Yes. Go one more. There you go. There it is. So this is our stats. The question is, are most of them in intersections with red lights?

Yes. So if you look at the heat map, a lot of the traffic collisions happen along the Calaveras corridor. So you can see from the middle of the map there that Calaveras is significantly impacted as is Great Mall, where there's multiple intersections throughout that main thoroughfare.

Right. The next question is, would what percentage of these statistics would we account violations of red lights?

So the tricky part with traffic collisions is there's a primary collision factor. So they don't track all collision factors. So a lot of times, even with red light violations, the primary collision factor is unsafe distance. So that's what gets determined by the primary collision factor. So although we don't have specific statistics on traffic collisions as it relates to the red light violations, we do have statistics on the number of violations that we're currently writing each year.

Do we have that in the presentation?

As far as the statistics for red light violations, which is both regular red light violations as well as turn violations, you're looking at between 2023 and 2026 each year. It's about approximately 200 citations per year that the two to three traffic officers are writing throughout the city. So about 200 citations per year? That we're physically giving out right now.

For red light violations specifically?

Yeah.

vice mayor if i may it may be beneficial to go to slide 18 18 and what is on that spreadsheet it shows the current daily violations at the at the studied intersections and then it also shows the predicted daily violations once a program is live so regardless of accidents happening the liability of accidents happening I think is highlighted in this slide here using South McCarthy Boulevard up blue as an example on the top line. Currently there's about 12, 12.3 cause it's all math, right? And they do division and stuff like that. So about 12 violations daily at that intersection. Once it is a live, they estimate that it will reduce by about four, even eight is still, you know, risk, um, for the drivers out there. But this slide I think goes to what you're trying to assess.

more than necessarily accidents might right i believe these are predicted daily and if you look at uh the actual citations that we have uh that's about at 200 if i heard it right that's about half a ticket or one violation per day at a year correct there's we're missing out on about 4 200 violations a day because of the staffing impacts in the traffic safety unit okay So the next one is, I'll go to the finance of it, the numbers. So it's going to cost us $1.5 million in contract. And according to the report, we need to generate at least two tickets a day to at least cover the cost of that. So I calculated it, simple equation. This is $1,000 a day. Assuming it's 500, 365 days in a year, it's three years contract, we're going to generate 1,095,000. Assuming that nobody learns after their first ticket, right? And if you look at the cost, there is a cost for the enforcement. And that's yet to be determined. We have a $1.5 million cost for the contract. And if you look at our own report, only $125 out of $500 is going to the city. And that's about $136,000 a year in three years. So how could we make this feasible? And at least the cost is being... generated by the anticipated revenue of traffic citation violation. It doesn't add up.

So I think if I understand your question correctly, so our initial approach, so I just want to start and preface this with we are doing this as a traffic safety measure to reduce collisions and improve traffic safety. But based on the predicted violations, the seven approaches that we want to initially implement based on these numbers would possibly on the conservative side generate 1.3 million for the year the program itself costs 441 000 per year for the seven approaches so that's a net proceed of about 900 000 right but but the thing is you know if you look at the actual and you're projected is there a basis for the projected uh

That slide, page 18, we project the daily violations on these intersections. What's the data on that when we have citations of 200 a year?

So the 200 citations are based on the traffic safety officers writing the citations. These numbers here are based on predicted violations based on the amount of traffic that's going through these intersections on a daily basis because we're a major thoroughfare. And these people obviously aren't getting cited for red light violations because we don't have the staffing to manage all those intersections.

I travel to Toro Fierce from Milpitas every day. I work here, I live here, and I come to see about that. So I cannot understand, you know, if this is the rate, look, how many, there's 28 of them, and if it's 218 a day, of violation on these 28 thoroughfares there has to be a problem so i am looking at the data that tells us that you use to convince this council to impose 28 cameras in all over the city it's 23 26 square miles and we're projecting we're proposing 28 cameras

uh if i may uh vice mayor comparing the number of citations written by traffic officers to the data here is not a fair comparison the reason is the red light cameras are at the intersection 24 hours a day seven days a week 365 days a year traffic officers which are predominantly there's three of them they're predominantly assigned to day shift and swing shift it's impossible for them to be even at the seven intersections for that period of time. So I understand the desire to compare the two, but it's not the best comparison. As far as the predictions, these were provided to us by VeriMobility, who have done these studies in many cities. And during our research, with union city tracy pd other cities what we have discovered that even the predictions through vera were conservative we do have a vera representative that i will ask suzanne to promote if she hasn't been already so i would ask alexandra yacob if you could help council understand the data metrics and how these figures were arrived at so they can have confidence in the predicted violations please

Alexandra should be on Zoom already.

Thank you. Hi, good evening, mayor, vice mayor, council members. Can you hear me?

Yes, we can hear you.

Hi, thank you for having me tonight. So if I understand correctly, there are some questions around the predictions that were given for these specific locations. Is that correct?

Yes, it is. I'm looking at the projected trends. It seems that out of the 28 identified intersections, we have a daily 218 projected violations.

Correct. So each specific location that it's listed on this table here has its own individual prediction. So if we look at the first line for McCarthy and Bellevue, it looks like the system. So we have a calculator that we use that was developed by our engineers that takes in consideration the daily traffic count from the location. the geometry of the intersection, the timing of the signal, so the phases for the traffic signal, and gives out a prediction of violations based on behavior observed and geometry of the intersection. Again, these numbers are somewhat conservative, but they are realistic because we have done multiple studies where we've compared the predictions to actuals once programs went live. So what you see in the first column is daily predictions. If we want to look at monthly predictions, and we have predictions listed here on a monthly basis once the program is somewhat mature, meaning 12 to 18 months once enforcement started. So if we want to look at the calculations on a monthly basis, we would look at the last column on this report, and those would be monthly volumes that are predicted from each one of these individual locations. Does that answer your question?

Quite. So you're telling us that these are calculations that resulted to predictions. Were there actual data other than how many cars are going through each thoroughfares or intersection, other than your observation with regards to the habit of the drivers driving through Milpitas, were there actual data used that you know, that is the basis of this amount of red light violations on these 28 intersections.

So the data is the timing of the signal, like for how long you're... Amber phase duration is your red light duration, the width of each lane, how many lanes there are, how many right turns, left turns there are at each specific locations. And then coupled with the traffic counts and then also doing a comparison. We currently enforce over 12,000 locations across the US with similar intersections that have similar metrics and geography. And that's how these predictions are given.

Right, so the actual data with regards to actual driving and actual violations of drivers, is that what I'm hearing?

Correct.

Okay.

Vice Mayor, if I may?

Yes.

That's true for Vero Mobility, but for this, because when I saw these numbers, I agree with you, I said, holy smokes, that seems like a lot. the seven approaches that are being recommended were also compared to our internal data. And of those, top seven generators happen to also be the top seven for accidents. So if your question is, did somebody sit there and tally violations over a 24-hour period, the answer is no. We're relying on their expertise in this space, the largest provider of this type of enforcement program. We used the metrics that we had access to to verify that. That's how we came up with the seven approaches. So it's kind of both, but they're not necessarily apples to apples if I'm articulating this well.

What I'm trying to pinpoint is the actual red light violations for the city to invest in this kind of program and also so that the community understands, right? If I have 28 cameras all over a 23 square mile city, I'm a little bit iffy about that, right? And so I am trying to see a justification cause statistics and factual information to see if this council at least my one vote would support this program. So another question is, it says in your report that should there be anything left, right, from the $500, suppose, no, $500 per ticket per day, per ticket, right, after we share revenues to the state and count 18 plus its operating costs, what happens if drivers learn and we don't have something that trickles down to us or at least is deficient, do we subsidize this operating costs?

So I don't know if, Alexandra, you want to touch on this question. I can briefly touch on it before she speaks. So for one, Vero Mobility hasn't run into that yet. But in discussions, they do have a deferred payment process, which, Alexandra, I'll let you talk about now. to speak about that?

Yes, absolutely. Thank you. So one of the provisions in the contract would be what we call a cost neutrality or flexible payment plan. What that means is, if in a certain amount a month the cost for the program let's say it's ten thousand dollars however the city only brings in five thousand for that month the difference would be deferred for the next month or future months and then if at the end of the contract the program still ends up in red meaning that there is a deficit between what's owed to vera and what the program brings in vera mobility would wipe that balance and the city would not owe anything so this gives assurances to the city that at no point in time the city would have to pay vera mobility more than what the program is bringing in all right last comment and i'm done well if we do that then uh this automated red lights will be very uh effective because uh

To me, the system needs to catch up for cause. So I don't know if that's something that we want to impose because it's going to be a fault finder, sorry to say that. But each and every violation, With these kinds of tickets, I had one in Fremont, and I have to go to court and defend that. And there are challenges to the system that someone gets off the hook on that. So those extra costs, I don't know if it was addressed in defending them. If it's reviewed by our police officers, they go to testify in court, and that takes them away from the city. I don't know if that's accounted. And, you know, it's just the cost to me, and it's the data that I do not find sufficient to support the project. That's my comment.

So what I can add when you're talking about pulling a police officer away is a police officer does not have to be the one that reviews the ticket. Any professional staff member can review the ticket, and they are trained to testify in court as far as the verification of a violation occurring. So it wouldn't necessarily take a police officer off the street. We do plan... If it's approved to absorb this with our initial staffing. That's why we're only asking for the seven approaches so that we can evaluate how well the programs working and we would most likely do that with one of our community service officers.

The last thing, Vice Mayor, that may be beneficial to your evaluation of that, in the predictions in revenue generation, that $1.3 million, that's at 75% recovery. So it does account for whatever reason, somebody goes to court, the citation is dismissed or whatever it may be. So that is included. And we're not aware, at least during our evaluation with Vera Mobility, and Alexandra can correct me if I'm wrong, They don't have any agencies where the program isn't cost neutral, where it's not taking care of the administrative costs and the operation costs.

That's correct, Chief. So the way the programs are designed are one to have no upfront cost for the jurisdiction. So all the startup cost is on Veramobility and we recoup that investment via the fixed monthly fee. And then we have not had any programs because the locations that are selected, unfortunately, are locations where driver behavior needs to change. So the volume is there, and even when we look at predicted volumes, there's still a stable volume, which indicates self-sustainability for the programs.

Right, but the projected 1.3 million is based on the projected daily violations of 218. So that's 218 citations a day to realize what we believe and projected to be an income enough for sustaining costs.

So chief, maybe if you want to add to that, I believe that it's seven approaches that the city is considering for the startup of the program. And just those specific seven approaches would generate on a yearly basis, potential revenue of 1.3 million against the cost for just Vera's operational cost of 441,000. So the net there would be positive.

Exactly. That's correct. If it was all 28 intersections, which I agree with you, that would be a tremendous amount. The figure would be very very high we're only talking about seven we're asking you to evaluate all 28 so that way we could be nimble if we identify you know a really problematic one where all of a sudden there's this huge spike of you know injury accidents we can just act but we're only talking about implementation at seven intersections the 441 000 annual cost to run those intersections and the 1.3 million in revenue that they're expected to generate is only seven intersections

Senate. Vice Mayor. Okay. And we have a council member Chua.

Thank you, Mayor. Do we know how many cities in Santa Clara counties using the red light camera?

I know that San Jose currently uses it Fremont uses it obviously there Alameda County, Alexandra can probably speak to the exact number but I do know there's Approximately 25 to 30. At the time we evaluated, there was 25 to 30 agencies that were using bare mobility. In California. In California.

You know, privacy is a big issue now. And how do we manage that? Because that's a concern. You know, like the automatic license plate reader. There are some cities that are... re-evaluating that. How are we addressing the privacy issue with the red light camera?

So the data belongs to us. The data belongs to the police department. It doesn't belong to Vero Mobility. They only store alleged violations based on the retention schedule that we set. So anytime there's a violation, we receive the violation, we evaluate it. And if it's determined to be a violation, that would be purged based on our own retention schedule.

Do we know any outstanding lawsuits in those cities mentioned against this red light camera?

I can let Alexandra speak to that, if there are.

No, there are no lawsuits. How long has it been implemented, the first one?

The first program in California has been implemented over two decades ago. Pardon? Over two decades ago, over 20 years ago.

Council member, if I may go back to the issue about privacy. Yes. There is one key distinct difference between license plate readers and this. This only records violations. A red light. Not everybody that walks through it. Of course, the camera's there, so everybody that goes through it, but you have to have a violation for it to grab the photo and the small video clip. I think that's a very important key difference for the public to understand.

But I did see the demo. that you're able to see the faces of who's driving.

Which is required because if we do a traditional program, you have to identify the driver. But again, it's only drivers that have committed a violation, not every driver that's driving on the road. So it's very, very different.

When you say that, based on Vice Mayor's feedback, you total this violation. And there's a question in my mind that It's not really, I mean, I don't look at the costs, because I know the main objective of this is to reduce collision for the safety of the residents. I would like maybe just do the pilot project of seven, make appropriation for 500,000 for seven red light cameras. But the end of, I mean, each quarter, if you can report back to the council on the status, the statistics, you know, so we can see. And at the briefing, you mentioned when I asked you their mobility, we can opt out at any time, correct?

Yeah, there'll be something there's always something in the contract that allows for opt out clauses at the city attorney can speak to that more in detail.

I don't believe the contracts actually been drafted in this case. But typically, we do insert clauses that allow termination for the city's convenience of a program is not working out at any time, usually on 30 days notice. 30 days notice.

Okay, that sounds good.

Okay, thank you both. OK, thank you. Is there anyone else that would like to make any more comments? We have Council Member Lam.

Yes, thank you, Mayor. On page 5 of the presentation, I'm just curious why you picked 2003 for the statistic. It's like three years ago. Any reason for that?

Yes. 2024, 2025. The Office of Traffic Safety, which is a state agency, they're actually three years behind on their data. So 2023 is their most current data. That's why we also compared our collision data internally and went all the way up to 2026.

OK. If I understand correctly, this camera is, when you say approaches, So it's one direction. So some intersections, you could turn left and you could turn right. So if it's aimed at going straight, so people making red on left, it will not detect it.

Is that correct? So it did pick up, each camera can pick up, I believe it was six lanes of traffic, right?

Are you showing the demonstration? I think Alexandra could probably explain approaches better than I can.

So, yes, I can do that. Thank you. So an approach is typically identified as a direction of travel, such as a northbound, a southbound, eastbound or westbound. at an intersection, the system is capable of capturing up to six lanes of traffic, and it would be at the city's discretion if they want to enforce right turns, left turns, and straight throughs, but the system is capable of capturing all those.

Okay. Now, if you have multiple cars crossing red, do you send violation to each one of the drivers? Yes, sir. Oh, go ahead. Go ahead, Alexandra.

I'm so sorry. So yes, the system is lane discriminatory. So we will know the lane that each vehicle is in and is capable of capturing simultaneous violations, meaning violations that occur in multiple lanes at the same time, and then also concurrent violations. So saying the first car and the second car run a red light, the system will capture both.

Okay. You guys mentioned the camera also capture the face of the driver. So if you cannot identify the driver, so the violation will send to the owner of the vehicle.

no it's it's either or it's either you do a civil program where it associates to the registered owner or it's the traditional program where it is so it is tied to the driver in a circumstance where we're unable to identify the driver that's a wash there's nobody to give the ticket to you can't co-mingle the program and have them do both it's very specific it has to be one or the other i see

So if you cannot identify the driver, then you'll be washed.

Correct. And under a civil program, the violation fees are significantly less. You're looking at whatever it is, like $25 or $50, and it escalates. You're not going to have the same revenue generation numbers on a civil program. When you talk about cost neutrality for a program, there may be less opportunity for it to be self-sustaining.

So if when I drive on the road, I see people wearing masks. So you cannot identify them.

So it will be wash. Depends. I mean, if there's very unique features about the person, and we know who the registered owner is, and we look at the driver's license photo, it's going to come down to the human element. What can that person stand in front of a courtroom and testify to to being accurate?

OK. If I understand correctly, we need to generate two tickets per day per camera to break even.

Correct.

Correct. So that means seven cameras will be 14 tickets per day.

Correct.

It also has privacy questions. How long the data is going to retain in our database?

So it's based on our retention schedule. So right now citations, hard copy citations are once the case is closed, they're retained for four years and then purged from the system. Four years.

Only police officers can access the information? The police department, yes. Police department.

Yeah, so for this program, a police officer does not have to be the one that verifies that a citation occurs. It could be a professional staff member. A lot of the programs out there actually have specific red light camera administrators that their sole function is to administer the program.

There is one important privacy distinction, and it's related to state requirements for accessing data. you have to have CEGIS compliance. So you have to, our officers, our records clerics, our dispatchers annually have to take a test that's required by the state that allows them to view that information. So there's nobody in this process that's gonna be able to view that, that hasn't had that state requirement met. So there is very stringent requirements for that.

Can you repeat the stringent requirements for what?

Yeah. So anytime you access DMV records, certain records and files that are maintained, you have to have, you have to meet all these requirements, safety requirements, database connectivity requirements, all these different types of things. And the users of it have to take a test every year. And they also have to swear to abide by all the requirements of the state. And if they violate that and it's proven, then it's criminal.

Is there a setup cost? I know there are $5,250 per camera.

Did you say setup cost? Yeah, like isolation or... Yeah, Alexandra had mentioned a moment ago that it's absorbed by Vera Mobility. They recover it over time through the monthly cost.

I see. If one camera goes out and they would know about it and someone would come in and fix it,

I would ask Alexandra to answer any questions related to system maintenance and hardware repair.

Yes, thank you. So the system is installed and maintained by Vera Mobility for the life of the program. So should a camera go down, should there be a knockdown or some kind of vandalism or a flash goes out, Vera Mobility would maintain the system to be active for the life of the program. And that maintenance cost is also included in that fixed monthly fee proposed for the city. So there would not be an additional cost for maintenance.

Okay, thank you.

Thank you.

Lastly, I have similar recommendation as council member Chua. I would suggest the staff return to council every three months as well to report the status. especially the number of violations and the cost analysis, any incorrect violation issues, and camera reliability, that kind of data.

Can I ask clarifying? I think the council's probably all going to agree to that. So I would ask the clarifying question of, is council okay with it starting after implementation? Because the contract's going to start for that first three to four months. Nothing's going to be installed anyways. So just to clarify, after we're up and running every quarter, report statistics.

The three months start after implementation. After implementation, after the first camera is activated.

And is council okay with info memos, which also get published on the website? Or are you seeking presentations in council meetings for that data?

I'm seeking presentations.

Okay.

Anyone else have any questions? I have a couple of questions. So you had mentioned due process protections. What does that entail?

So when I mentioned that, the issuance of a citation is handled the same way as if a normal officer wrote a ticket and issued it to the driver. So the due process protections are they're just signing the ticket as a promise to appear. It's not admitting guilt. If they want to fight or contest the ticket, they would go to superior court and provide their statement to the judge, and then the judge would determine whether that violation stands or not. all the protections are still in place where they can contest it.

So I'm a bit confused. There's two. One is the traditional and one is the civil. But one doesn't have the process that you just mentioned.

So for the civil program, which is administered through public work.

Can you put that up so the audience can see?

I think it was. Was it? No, it's the other way. Right there.

So that's managed and administered by the Department of Transportation or the city public works in our case for a civil program. It only records the license plate. The any what's the word that I'm looking for? Any contest or contesting? Yeah. Anybody who wants to contest it would have to do it through a city process. So the city would have to develop a process to contest it.

that's in the traditional one no that's in the civil program it would be similar to like a code enforcement ticket where we have in internal administrative processes if we were to do a civil program we would also have to identify and design a an appeals process for those citations and that would be part of the due process that would be the civil process for civil correct would it be better to do a civil then instead of a traditional

Well, so the civil model, like we mentioned earlier, you have a small business owner who has multiple delivery trucks, and his or her drivers are driving those trucks. They have red light violations. The owner is going to be the one that has to go through that process. It's going to place a burden on that small business owner, and it's not going to deter bad driving behavior, which we're trying to combat. Just to add, one of the biggest concerns that always comes up when we're speaking with community members is traffic safety. The traditional model has historically shown that it has deterred bad driving behavior, so that's the model we're recommending.

Another example would be the inconvenience of somebody that maybe lends their car out, Turo drivers, Turo rentals, somebody that recently sold their car but hasn't completed the release of liability with the DMV. if there's no consequence for the person that's actually committing the act, it defeats the purpose of what we're trying to accomplish, which is to improve driving behavior.

And I would probably think that when, you know, we've been having a lot of those thefts hit those, you know like the jewelry jewelry store thefts and then they at least uh if and they're probably speeding and they're probably running a red light so it'll probably be good to take a picture of their face it will capture them so you're right so that's the those are benefits on that so i was in fremont today and and i just wanted to see is this the one is this the red light camera can you guys see it

That white one? That is one. I hope the flash didn't go off for you.

Yeah. No, no, it didn't. No, it didn't. But it did warn me on my cell phone, red light, camera, red light.

So even with that, so you know I'm a commuter. Even with that, I see those things flashing all the time.

So it will warn the driver that there's a red light. So we don't have to put a signage that says, OK, there's a camera.

We do have to put a signage.

Oh, you're going to have a sign there. Well, that's good.

It's a requirement of state law that I think it's within 200 feet of the intersection that signage has to be posted.

I understand the fees are pretty hefty.

So a standard red light ticket violation is anywhere from $350 to $500. We usually get about $125 of that. The money goes to the state, the money goes to the county, and then the city gets a portion.

And it depends on how fast you're going?

It does, based on the speeds. Oh, okay. Yes.

And then I have a question about the yellow light. Okay, that one is kind of tricky because sometimes You're in the middle and it turns yellow. Is that a red light violation?

That would not be a red light violation. So we have to set our yellow signal lights based on state standards, which is usually a minimum of three, maximum of six seconds. Even if for some reason that came to us as a violation, we'd have the human component to review it and determine that it wasn't a violation so they wouldn't receive a ticket. But in that instance, I think we've, Alexandra mentioned it too, that wouldn't be determined a violation to begin with through Vera.

So, also, what does fire, how do they, what is their role in this? Because I know they're the ones that they get called when there's a collision, and usually somebody passes a red light.

i'll leave that question to alexandra because i know there are ways to eliminate like fire trucks and police vehicles if they're responding to emergencies to not be tagged for a violation was that your question mayor is is public safety vehicles that are responding to incidents going to get a ticket no uh okay let's say that there's an accident because somebody ran a red light okay so how what role does fire play for when that in this data this collection of data and anecdotally

If it reduces collisions, it will reduce their time spent on injury collisions. Anecdotally, like we could assume that, right? There's less accidents that they're going to respond to.

I do like the facial recognition because most of the time it's these, the burglaries are happening. People take off in that. red lights and you'll be able to apprehend them faster. The other question I have, the machines, are they calibrated to state standards? And then, you know how the gas stations, they have a seal that gets, you know, the fuel pumps. Is it kind of the same thing where you guys, it gets calibrated?

I'll let Alexandra respond to that since it's a technical question.

Yes, thank you. So the detection method used by the system is a radar, is a 3D HD radar that gets recertified on annual basis. There is a radar certification that is available to law enforcement and can be included in the evidence packet that would be used in court for any cases that are being contested. In addition to that, Vera Mobility also conducts preventative maintenance on all the systems along with speed validations as well. So we're monitoring to make sure even though speed is not monitored, but if the jurisdiction chooses to display the vehicle speed when a red light violation is committed, we do speed calibrations as well. So all of this documentation can be contained as evidence in a court packet that can assist the hearing officers during their testimony in court for any cases that are being contested. And that's also included in the proposed monthly fee. There is no additional cost for system calibrations.

OK, that's good. Because I wouldn't want to have a faulty camera there people unjustly get dinged, if you will. No, absolutely. That's our goal as well. Yeah. I noticed also on the streets, you didn't have a Jacqueline and North Mill Pittas Boulevard. And I'm pretty sure our fire department knows that there's always a lot of accidents there because it's a huge intersection that's so wide that a lot of people, you know, I didn't see that on there, but. Maybe that's not one of the ones that you guys.

It's not one that was studied. But if council wants to approve more than seven, we could always look at it. I don't know.

We're doing a pilot program, right? So, yeah, I'm good with this because it is about safety.

And just to clarify, based on some of the previous concerns, So these are the 28 approaches that we evaluated. We are only recommending to implement the initial seven approaches. So if we did evaluate it and determine that it's successful and it's reducing, collisions and red light violations, and we would still come forward to counsel if we wanted to implement any additional interceptions.

Okay, that's great. And I do like the fact that you have a warning, some signage. So yeah, so that, and then also, you do get warnings on yourself too.

So just to clarify too, there is also a 30-day warning period. So for the first 30 days that the camera's up, nobody will receive a citation. It's just a warning period.

Yeah, and that's where your mass media goes in, out, letting people know, hey, beware, this is what's coming. Okay, well, thank you for that. Are there any more questions, clarifications, comments? And we have Council Member Chua.

Seeing there are no more questions or anything else, I would like to move to approve to authorize city manager or designee to negotiate a one-year contract as a pilot project with Barra Mobility for the red light camera equipment and services. uh not to exceed 500 000 and also a quarterly status report from mpd to for statistics and any related information to to to report to the city council if i'm a council member i know you mentioned a one-year contract the initial ask was a three-year because it does take

anywhere from three to four months on a city camera, and then six to eight months on a CalChance camera to be implemented. So once up and running, you would only be looking at like a three month program on a one year contract.

I would say that- Instead of three years, one year?

Yeah. I think that's fair. We have to see how it works. Council Member- And what's the feedback?

what's the climate from the residents don't remember if i may that may create operational challenges if if the because of the timing if the city manager were to negotiate cancellation clauses you you essentially get the same thing you can end it after a year 18 months 17 months whatever you choose because cancellation would be built into that contract and you basically accomplish both without putting let's say that for whatever reason Caltrans takes nine months this time there may not be sufficient time so I would ask counsel to continue with the request of the three-year and then city manager through his negotiating authority would deal with your concern about being locked in

I'll give the floor to our city manager.

Madam Mayor and Council, the comment that Chief Hernandez made was going to be the exact comment that I was going to make, that we would negotiate that in the process of negotiation, identify that.

Oh, okay. In that case, I'll go ahead and move to approve the recommendation of MPD with the caveat of the status report every quarterly once the cameras are implemented. And I also realized that based on city attorney's feedback that there's an op out at any time. So that's a way to address the issue if you wanna continue or not.

It's a good way to have some safeguards there. Okay. And so you made the motion. Is there a second? Then we have Council Member Lin second it. So now let's call for the vote. Vice Mayor Barbadio.

My decision did not reach a threshold that I'm satisfied with the basis of of the recommendation, I did not hear any actual correlation of red light citations. I did not hear any actual public concerns about red light violations. I didn't hear any study or at least observation of actual Milpitas driver behavior on driving our streets. So my vote is no.

Councilmember Chua. Aye. Councilmember Lamb.

Aye.

Councilmember Leigh Ann. Aye. Mayor Montano.

And I am an aye. And the reason why I'm voting, I mean, because I hate to see people getting dinged, because it's a substantial amount of money, but I have to look at the safety part of it. And again, we do have some safeguards in place if this is not I do like the warning sign. I do like that you get called on yourself. Well, hey, red light. So, all right. Thank you very much.

Thank you guys for your time this evening.

Call for the vote then. Did we call? We already did. Okay, so it passed. Congratulations. Okay, next we have item 15.

Madam Mayor and Council, item 15 is to receive a presentation on the condition of the Melpitas Community Center and provide direction.

our staff contact is going to be our public works director and our city engineer our director um mr durenzo thank you good evening madam mayor city council christian durenzo public works director i'm joined this evening by michael solvera to my right city engineer who will be presenting momentarily and in attendance is also lee hawk on my left, who serves as a Public Works Division Manager and adeptly oversees the coordination of the City's Capital Improvement Program. This evening's presentation represents a deep dive into the deteriorating condition of the 44-year-old Milpitas Community Center, illuminates the many impairments of the facility, most notably the roof and HVAC system, but also other deficient areas, and highlights potential repair costs and a timeline. Staff will also share the available budget and present for your consideration an alternative for a complete new facility replacement to serve the growing community. And with that, Michael, the floor is yours.

Thank you, Christian, for the introduction. Good evening, Mayor Montano, Vice Mayor Barbadillo, City Council Members Chua, Land, and Lamb. With tonight's agenda, we'll start off with the brief background of the project. present the deficiencies of the building and recommended improvements, provide an estimated cost, the impacts to the recreational and community center department, and funding strategies, have a discussion about the possible replacement of the community center, and conclude with staff requesting city council to provide direction. The 17,000 square foot Milpitas Community Center was opened in 1982. as the central hub for the community life in the city and serves as a headquarters for recreational and community service department. Its primary purpose is to provide programs and services to enrich the community, promote health and wellness, foster cultural awareness, and host events to bring the community together. The building includes an auditorium with stage and kitchen for events and banquets, offices for staff, classrooms for preschool and program activities, and meeting rooms. Over the years, staff has received several service calls for maintenance and repairs of ceiling, flooring, mechanical systems, and the roof. At the end of 2023, a major ceiling failure propped staff to consult the roofing vendor to inspect the roof. They concluded that the protective membrane has exceeded its 25 years service life and requires complete replacement. The city council approved the community center roof renovation project with funding allocation of a half a million dollars from the general government CIP fund as part of the fiscal year 2529 CIP. The work plan was to assess the existing roof, mechanical system, kitchen, accessibility, and develop recommendations and cost estimates for staff to program and prioritize improvements of the building's essential components. The city executed agreement with the ATE to perform the work in fall of 25. This past March staff prepared another ceiling failure in the restroom and debriefed the council on the condition and necessary improvements required. Council then approved the additional 370,000 from the general fund to advance the design of the roof replacement during the adoption of the operating budget. The next few slides, I will discuss the consultant's condition assessment and recommendations that was completed this past spring. The assessment was limited to the roof, HVAC and electrical systems, the kitchen and accessibility of the building. Let's start off with the roof systems. which are in poor condition and are susceptible to water intrusion and needs immediate attention. The primary roof is the flat roof, which is approximately 16,000 square feet. It consists of a protective PVC membrane installed on top of the original membrane. AET found that the membrane is experiencing widespread microfractures and is heavily congested with mechanical equipment. There's evidence of water pooling and supports of the equipment and parapet are improperly waterproofed. The secondary roof system is the gable roof, which is approximately 4,000 square feet. It consists of the original clay tiles placed on a steep cover board. There are missing and broken clay tiles leading to the water intrusion waterproofing barrier to deteriorate. The parapet surrounding the flat roof is also deteriorating. as there is evidence of wood rot and peeling of paint. There is a lack of protective metal flashing, and the existing flashing was improperly installed, which leads to water intrusion also. Another indication of a leaking roof is there's widespread water stains on the interior ceiling, and there has been a few ceiling failures over the past few years. AT&T recommends, AET recommends both roof systems be replaced as they have reached the 25 years of service life. The flat roof existing membrane should be removed to the plywood decking to repair all damaged framing and correct the roof slope to eliminate any water pooling and install a new membrane and properly install and waterproof all supports attached to the roof. For the gable roof system, replace all tiles and the waterproofing barrier. The parapet wall should be improved by replacing deteriorated framing, install proper metal flashing, repair siding failures, and apply a thick film paint. And lastly, repair damaged ceiling tiles as needed. Here are some pictures that shows the condition of the community center. Top left is evidence of water pooling. Top center is improper blocking for equipment that prevents proper drainage collection that leads to pooling. Top right is evidence of water staining on the interior ceiling. Bottom left is the damage and missing clay tiles of the gable roof. Bottom center is the outdated ductwork. And bottom right is the improper improper waterproofing supports on the flat roof. To properly install a new membrane and correct all the deficiencies, all equipment on the flat roof must be removed. The existing HVAC system consists of eight rooftop air conditioning units connected to the outdoor ductwork and natural gas piping that is powered by electricity and gas. Seven of the eight AC units were replaced in 2011, and one unit and the ductwork has been in service since 1982. There are significant deficiencies with the system, such as malfunctioning components, inadequate mounting and supports of AC units, ductwork, and gas piping. The ductwork is dented, leaking, and protective painting is peeling, and the airflow is inconsistent during peak seasonal conditions causing occupants discomfort. As the entire HVAC system has exceeded its 15 year service life, it is recommended to be replaced and integrate a modern digital control system to better control the airflow and temperature and manage energy throughout the building. Unfortunately, the existing main switch and panel board will not support the new electrical loads for a new HVAC system. The capacity of the main switch must increase from 1200 amps to 1600 amps and the panel from 400 amps to 700. The PGN transfer will also have to be upsized to meet the new electrical load. The American with Disabilities Act of 1990 established accessibility standards for buildings. Unfortunately, the center was constructed prior to the enactment of the law and was not designed with accessibility in mind. ATE found numerous aspects of the building that do not comply with current standards, including entryways, electrical receptors and switches, kitchens, auditorium performance and stage areas, restrooms, service counters, and workspace areas. It is recommended that the city should make the necessary improvements to bring the facility into compliance with current codes and regulations. The kitchen appliances and cavities are outdated and did not meet the operational needs of the center. As it is used by the public for events and banquets, several components such as sinks, counters, and equipment no longer comply with the requirements of the building and health and safety code. The kitchen should be renovated to improve functionality and comply with applicable codes so that the public can continue using this amenity. The exterior of the building was last painted in 2000. Industrial practice recommends repainting every 10 years to protect the surface from the weather. exterior the building should be painted and the stucco should be repaired as needed the general fund is the primary funding source for the maintenance and improvements of all city facilities as the funding all the recommended improvements at once will be a challenge staff is planning to complete the work in two phases by prioritizing immediate improvements first followed by necessary improvements The median improvements project will focus on replacing the flat roof and gable roof systems and upgrade the HVAC and electrical systems. The design is estimated to take up to 12 months, where the construction is anticipated to be completed within 15 months. Staff is aiming to start construction by spring of 2028. The estimated project cost is $7.4 million, where $1 million will be set aside to perform urgent repairs to reduce the potential for roof leaks prior to the start of construction. The necessary improvement project will focus on the kitchen renovations, accessibility improvements, and repair the stucco and paint the exterior of the building. The estimated project cost is $1.3 million. design is estimated to take 12 months where the construction is anticipated to be completed within 18 months the project will start when funding becomes available the community center will be closed for a minimum 12 months to complete the immediate improvements which will impact the operations of recreational departments Approximately 23 full-time and part-time employees, along with programs such as pre-K enrichment program, youth camps, community theater, and year-round classes will have to be temporarily relocated or canceled. Special events such as tree lighting, Lanning Festival, and Lunar New Year will need to be relocated or reimagined with limited capacity. The site programming generates approximately $400,000 annually, which may be lost if programs and services cannot be relocated. But approximately 260,000 will be lost from auditorium and room rentals. The revenue loss will impact the general fund. As space is limited throughout city facilities, staff is evaluating potential sites to determine the most viable and cost-effective relocation plan. South Cuyahoga Lake City Building is a leading candidate to relocate staff, but it will prevent the city's ability to host rentals, classes, programs, resulting in additional revenue losses. Other potential options are leasing space or partnering with other organizations such as Mopedas Unified School District and the County of Santa Clara. The extent of the relocation effort will have to be further explored to determine the appropriate relocation and actual revenue loss. As mentioned, facility maintenance and improvements are typically funded through the general fund, either directly or through fund balances such as general government CIP fund or facility reserves fund. There is approximately $620,000 available in the project budget to complete the design phase for immediate improvement project only. There is also approximately $3.1 million available in the facility replacement reserve that can fund a portion of the construction administration and improvements. This leaves a funding gap of $3.7 million to complete the immediate improvements and $5 million for both improvement projects. Staff identified CIP projects currently funded by the general fund that could potentially be deferred or reallocate it to help close the funding gap, see the table to the right. As the immediate improvements is anticipated to start construction in spring of 2028, staff requests that city council not reallocate any funding for these work plans at this time. Staff will make a recommendation at CIP study session next February when the city fund balances are available. This presentation to this point has primary focus on addressing deficiencies of the building. City Council may want to discuss the possibility of a replacement of the building. When the community center was opened in 1982, Milpitas population was approximately 39,000, and it now stands at approximately 79,000, doubling in 44 years. Milpitas population is projected to grow to 125,000 by 2050. The current size and operation of the community center will most likely be inadequate to meet the demand of a larger community. The city will need to invest approximately $8.7 million in improvements over the next few years to ensure the building can continue serving the community for years to come. But we should not lose sight that the 44-year-old building will continue to age and will require annual investment and extended time and resources to maintain, replace, upgrade other critical components to extend the useful life of the facility. As the building is reaching an expected service life of 50 plus years, City Council may want to consider investing into a new community center that could better serve future generations rather than invest in improving the aging facility. For this discussion, staff has provided two high level replacement options. The replacement in kind option assumes a building will be 17,000 square feet, one story, and built at the same location. Basically a like for like option. The new facility would maintain the current operation, program, services, and revenue projections. It does not consider any expansions. The planning and design phase will take approximately 24 months, while construction is anticipated to be completed within 24 months. The estimated project cost is $23 million, which also includes renovation of the landscape areas and water fountain of the city hall campus. As a note, the estimated cost to renovate the existing water fountain is between $1.3 to $1.7 million, which includes repairing, waterproofing, and resurfacing the fountain and replacing the associated pump system. Another replacement option is to build a larger facility to expand the space for meetings and rentals, programs and services to better serve the community and generate more revenue for the city. Staff reviewed community centers in benchmark cities such as Cupertino, Dublin, Mountain View and Redwood City, which ranges from 20,000 to 45,000 square feet. This replacement option assumes a new building will be 40,000 square feet, two stories and built at the same location. The building, the planning and design phase will take 24 to 30 months, with construction anticipating to be completed within 36 months. The estimated project cost is $60 million. This option is for discussion purposes, and a comprehensive programming and needs assessment will be required to determine the appropriate building size, amenities, and space for a larger facility. As an example, City of Millbrae constructed a new 23,000 square foot recreational center in 2022 to serve a population of 24,000. The new center holds a preschool, fitness classes, and senior activities with a grand room, community room, and kitchen. The project cost was approximately $28 million. Here's a possible vision of a new community at Milpitas Community Center for your viewing pleasure. replacement option will have a more extensive impact to the operations of recreation department as a project time frame will be substantially longer staff programs services will be temporarily relocated for a minimum of 24 months to 36 months the estimated revenue loss is four hundred thousand dollars annually potentially reducing the general fund balance by approximately 800,000 to 1.2 million over the duration of construction period, depending on the selected replacement option. A replacement project would require to be financed by either a general obligation bond or a lease revenue bond, which requires a two-thirds voter approval. Another possible option is to enter in a public-private partnership. For reference, City Council approved a lease revenue bond to finance the replacement of the fire station two in 2020. In summary, the community center requires immediate attention to address the deterring roof systems and HVAC system. The city will need to invest approximately $8.7 million in the next few years to ensure the building continues to serve the community for years. As funding will be a challenge, the work will be completed in two phases by prioritizing the immediate improvements first, followed by the necessary improvements. AET's contract will be amended to complete the design of immediate improvements with the goal to start construction in spring of 28. Staff will discuss relocation plan, revenue loss, and funding strategies during the CIP study session this coming February. If the City Council elects to proceed with the replacement rather than the improvement option, staff will solicitate a consultant to begin the programming and necessary assessment to determine the appropriate building size, amenities, and space. Staff will present to City Council the outcome of the assessment, proposed conceptual designs and estimated costs, potential relocation plan and revenue impacts to the general fund, and finance strategies. and design phases will take 24 to 36 months, with the construction anticipated to be completed within 24 to 36 months. Since the replacement option will range between $23 to $60 million, the city will have to finance this project by either a general obligation bond or a lease revenue bond. Today we received staff's presentation on the condition of the Milpitas Community Center and staff hereby requesting that the city council provide direction on whether to proceed with the immediate and necessary improvements needed to maintain the current operations of the community center or proceed with planning for the replacement of the community center. Thank you and we look forward to the productive discussion on this matter.

Okay.

Thank you very much, Michael, for your presentation. It's a lot of information to really think deep about. It's a dilemma. Okay.

I'm setting you guys up for the CIP study session.

All right. So I will have a public, any public, anyone from the public that would like to speak on this item?

They have no public speaker cards and there are no speakers on Zoom.

Okay, no Zoom. Anyone from the floor? There's no one here. So I'm going to close the public hearing and move to council discussion. I don't see Voltaire here.

Okay.

Council. We have Council Member Lynn.

Thank you. So we have two options, which is 23 million and $60 million. Is there any third option that's in between those two numbers?

Um, if I, if I may interject for a moment, um, council members, a million council members, um, to answer your question. Yes. And, um, as staff was given a presentation, I think we're in a situation where we could possibly be looking at what I would define as somewhat of a hybrid model. And here's what I mean. In listening to the presentation, and staff correct me if I'm wrong, when the facilities condition assessment was done on a facility, it was only a partial assessment. It wasn't a full assessment.

That is correct.

Okay. So being that it wasn't a full assessment, we could possibly be in a situation where if we did a full FCA on that facility, the facility condition index may come back and tell us replacement is our only option. And when you look at the facility condition index, it basically tells you the cost of renovation is more or as much as replacement. Because when you do the full assessment, it's going to look at every aspect of the building. And my understanding from the presentation, we only looked at the roof and some other components, not the full facility. And as we do this, uh, again, keeping in mind as the presentation stated, we're addressing a facility that was built to address what is less than half of our population and a population that's growing. Uh, so there's no room for growth. If we engage a full scale renovation of the existing facility. we're still essentially functioning out of an obsolete building. As the presentation stated, a bond referendum is not even an option for us for two years from now if we went obligation bond. Public-private partnership is an option. And I kind of look at it, and the reason I use the word, it may be a hybrid option. because a lot of the other things that was listed in that presentation around the requirements of the timeframe to design, the timeframe to identify financing, under a hybrid model of utilizing a lease-leaseback, we engage a public partner that can immediately begin this process, costing us no dollars upfront, okay? In conjunction with that, way lease leasebacks work you still have an option to do an early payout so let's assume the council at some point decide they want to go the obligation bond route you put a referendum on the ballot referendum pass you at that point you are not penalized if you go back and early pay out the lease leaseback so it i and i say all that to say If we utilize that hybrid model, it may yield an opportunity for us to bring this to fruition a little bit faster than we definitely will do it. If we take the traditional design, be it bill route, because the staff has already stated, we got to already take a look at getting someone that can begin the design process. The design process is going to take us, what did we say, roughly 24 months? So I think if we could have some time to explore putting together this hybrid model, I believe we may have an opportunity to condense that timeframe and come back and present to your council a model that would give you a facility for the future, as opposed to kind of working on the classic we've been working on for a few years now. Um, that's just, um, a quick and dirty, if you will, of what our options are. But I think I said all that to say, I believe we have three possible options, um, that we can explore that gets us to where we want to be. But I think as clear as I can say it, I believe putting an additional $8 million in that existing facility is a proverbial throwing good money after bad.

I agree with that, and I'm familiar with the lease-leaseback model. And okay, I'm okay with explore options. 24 to 30 months planning and design is a long, long time. But with this $60 million, does the renting of the space,

um the loss i know you calculated is it within the 60 million or will it be extra we haven't got that far in the in analyzing we're just looking at basically what we start this project simply started with we got to look and replace the roof And then it just snowballed from there. So we need a little bit more time to really identify what's the actual revenue losses we actually need. What we gave you, you asked for, is there a third option? We haven't even got there yet. We wanted to give you a like for like option and probably a larger facility option, but we need to still go back. If we are going to go in a replacement option, that's when we would start the design to figure out what the building wants to be. you know and then we come back with better details uh but right now we're just giving very high level information is it really worth as a city manager stated throwing good money into a bad situation because really this building is 44 years old It's only going to deteriorate because of the wear and tear of the building. The roof needs immediate attention. So does the HVAC system. There's other critical components that are going to fail within the next five to 10 years, if not sooner, that you're going to have to spend millions and millions of more dollars. into an aging facility that was built for a population of probably 40 to 50,000 people in 1982. Here in 25 years, we're expecting over 100,000 people. The community center's probably not gonna meet that demand.

Okay, since you're not too far into it, I'm not going to ask you the questions. I'll save it until you bring back. But one last question. Sure. This $60 million, you haven't really add the inflations to it too, right? You didn't go that far yet, right?

We did.

Okay.

Yeah. What was it, based on the five-year schedule, six-year schedule?

all right okay so i saved my questions until you bring this back how's that thank you is that your last question okay anyway i i'll tell you what i feel i feel that we should because we've been band-aiding this thing for the last 50 years I think we should just tear it all down just raise it down and start over again and then make the pond smaller, because it is a you know, maybe use utilize some of that space for something else, I think that I think the citizens deserve a really nice. community center just like uh dublin uh those other cities you know that this it's a it's just very it's used i know we're going to be losing some money but some of that uh you know the revenue revenue loss but you have to look at the bigger picture like out there So for me, I would like to just tear it all down, just raise it down, start over with a new design, something that's really nice that would serve all the community for years and years and years to come. And for programs, possibly finding a site somewhere in Milpitas that we could provide some programs. I think that's the way to go. That's what I feel. I really feel bottom line is I think that citizens deserve a really nice facility that will be here for a long, long time. So anyway, anybody else have any comments? Then we have Council Member Chua.

Thank you, Mayor. I have a clarifying question. When you say Milpitas Parks, Milpitas Community Center, does that include the standalone building right next to... Senior? No, that's not included.

The Senior Center?

No, no. The standalone building right next to the swimming pool.

That's a sports center. Peter Sports Center. It's also undergoing some renovation, by the way. A little bit of a remote away.

You mean that's not going to be fixed?

It is being fixed. Partially, right now. Yes.

Okay, okay. Okay. No wonder I'm confused. So Melpilas Community Center is just including the pond and the auditorium and the rooms and that's it, right?

That is correct.

Okay.

And the landscape. We'll also look at the landscape of the campus as a whole.

Oh, okay. So it's so big to grasp the magnitude of the request to give direction, but I'm inclined to go with city manager to explore the hybrid option. Maybe we can give you a better direction when you have that in place as one of the recommendations. Okay, so I would save my questions for after you give us more details to decide on.

Understood. If I may comment quickly. Regardless of what the unanimous decision is tonight, I think it should be important to know that there will have to be money spent in that facility right now, tomorrow, right? We have seen a growing number of articles about El Nino this winter, and its apex is supposed to be in January. Staff's biggest fear is that roof in its current condition will not be able to withstand a winter tantamount to what El Nino could possibly produce to us. And we are concerned is there will be another invariable roof collapse. Now in the traditional model where we have, we scope a design, we shop it and we bid it out on the road. And then we enter into a contract, we execute a contract, and we mobilize a contractor. We are well into the winter by the time we go through all of that. And I was just talking to Lee Hawk and Michael previously. I am feeling and staff feels that we're at a point where in order to execute an immediate repairs that are anywhere between $500,000 to $1 million, repairs to the roof only so that it can stay there for the next couple of years, whether we go the private partner route or we just do a traditional design build. An emergency declaration will have to be declared by yours truly. I've declared them in the past.

i believe that this could potentially rise to an emergency if we don't get in front of of a possible catastrophic situation so you should include that in your recommendation i mean part of your record it doesn't show here doesn't show this direction thing if that's part of your recommendation it should be itemized like immediate needs right now

much do you need you know and then these are the other options that we can look into but i don't see that here to see that one of the reasons it wasn't um annotated in there is because in my role as a public works director i don't i don't necessarily need a recommendation to declare an emergency if there is an operational need like we had the multiple thefts that occurred at the at the main lift station or thefts that occurred at the elevators at the library, the public works director can declare an emergency declaration and forego traditional procurement routes in order to execute immediate repairs that are needed. That would be the strategy in order for us to do to have a contractor in place and do repairs by the end of the calendar year. We feel the repairs to the roof, however modest they may be, will need to be done before January.

Okay.

What the public works director would do in this case is he would send an info memo to council go through the city manager's office and an emergency declaration is being declared in his limited wisdom and his by consulting staff and we are going out and we have a contractor in place and we will we have a scope and we'll execute a contract as quickly as as possible and mobilize to make some modest repairs to that roof so it could sustain another year and possibly two or three years okay sounds good thank you thank you mayor

Thank you for that. So when you were talking, you know, I still feel that we still should start all over again. And maybe using the sports center to do some programming. We won't be able to do everything, but some programming. At least we'll get some revenue stream coming in. But I think we need to think out of the box and start thinking, what other ways? But definitely, I don't want to be throwing money into something that's outdated. I mean, it doesn't make any sense. Just throwing money in a black hole that is just going to be the government anyway. Like I said, I think we should start from scratch and find different ways, creative ways of financing this, you know, some bond partners, private partnership, as the city manager mentioned. But I think it's time we really need to build a new community center. So, William, you had your hand raised?

All right.

Thank you, Mayor. You mentioned the $400,000 loss per year from the community center. The community center is just the auditorium, and there's some area for preschool or childcare. Is that what you mean, like the auditorium rental loss and some childcare revenue loss? Is that itemized?

You want big picture?

Yeah.

We have... How do you get the full... All together, maybe Renee can... There you go.

There it goes.

Good evening, Mayor and City Council. It's a pleasure to be here this evening. To address your question, Council Member Lam, that $400,000 encapsulates facility rentals at the center as well as classes that are offered at that center. So we isolated the revenue at that building only. About $250,000 to $280,000 of that $400,000 is rentals. And the remaining is class revenue.

Okay, let me ask you this. If this class...

rental um can the class relocate relocate to another facility you just need room to hold the classes um some of the classes could be relocated to other city facilities other things that my department would pursue would be joint use agreements with the school district programs at the library so we would do an extensive a sense of research on where we could put certain programs. We would not be able to relocate the rentals. So at least 280 to $300,000 of that is gone. Um, The theater program, there would be limitations on where and if we could relocate that. So we would do a very detailed search and dive into all of our programs, couldn't be relocated, and then opportunities as to where. First would be our own buildings. And then if not that, then look at our partners in town and see where we could hold our programs to maintain and retain as much revenue as possible while the project is happening.

Right. As far as the auditorium, can we share the activity in the senior centers? Senior centers has a pretty big auditorium.

The senior center max capacity is about 220 people. The community center auditorium max capacity is 500 people. So there's quite a difference of capacity between the two. auditorium or the community room rather at the senior center is highly rented and so there would be of course we would offer that as an opportunity but for larger banquets weddings we also have a number of memorials and funerals that happen at the community center those we would not be able to relocate to the senior center just due to the capacity and availability during the day But we would do our best to sell what we have available to the community.

Perhaps we could use the outdoor area. If we couldn't use the indoor, maybe we could sell it to the outdoor, the lawn area.

During construction, we may not want to mix the two, depending on where the construction's at. But again, if you need a service kitchen, if you need 300 tables and chairs and such, that may not be the right option for everybody, but we would do our best to find options and keep as much revenue as we can during the project.

All right, thank you. So I also want to mention that when this city hall was being built, you were here at the time I was, we moved all the services, everything to the Great Mall.

Correct.

And that's another option. So there's, you know, you just got to be creative, think out of the box. And you know, maybe there's the popular programs, keep those and the ones that not so popular, you know, not maybe not do those. So I'm sure you guys, you guys, you guys are pretty smart, you just come up with some good A good plan. I think the biggest issue is how to get the money.

That's the biggest hurdle. My job will be to keep as much money as we can.

Anybody else? We have Vice Mayor? One more.

Three options. If the staff is able to think of any other options, we are welcome to hear that as well.

Okay. I don't know. You'll have to ask staff.

I'm sorry, Mayor and Council. What I was saying, we will meet and come back with some other options.

Yes.

Okay. We have Vice Mayor.

I just want to comment on the question of Council Member Chua to the Public Works Director. I do understand your authority to declare things when there is an emergency, but that I believe that's not the question of Council Member Chua, it's the information provided. You know, it's true. A storm comes tonight, you saw a drainage that's about to collapse, you can declare emergency without this council's direction. But if you have the assessment five months or six months ago, like the assessment of the Bill Peter Center, that's accountability, right? So let's work together. um comment on on on the the presentation you know 17 years ago my daughter participated the rainbow play and i frequented the milpitas center ever since and i still see the same structure the same color of of the floor and the walls and reading your presentation and the attachments, even those balls and grab bars are not code compliant. I do agree that we need to address that before a real emergency happens or things adverse to the city occurs in Pitta Center. So I am with the council to see what further recommendations, feasible ones, that we can afford right now to address it with a long-term plan of hopefully, like what Mayor said, is to renovate it and make it a world-class community center, but depending on the funds. So yes, I agree. Present us with something feasible to address the anticipated emergenciness of that facility and jointly we will act together.

Another reminder, another option, you know, the theater, now that you mentioned the theater, you know, Milpitas Unified School District just built a brand new theater. So that's another option if, you know, if they would lease it to us or maybe we can do some kind of joint agreement or something. So anyhow, anyone else? We have Council Member Lamb.

Wolf? Oh, there is? OK. And then you were saying if the heavy rains, you're saying the drainage is not draining the water fast enough?

No. So what the protective membrane is, it protects. It's sloped to these localized drains. Over years, what has happened to the membrane, it has cracked. Think of a glass, you throw a rock at it and it spiders all the way across. That's what that membrane is right now. It has a bunch of spider cracks all over it. So over time, as water accumulates on top of it, it's starting to leak through those cracks. And so it's starting to damage the underlining framing or ceiling, and it's starting to create pools where that water is starting to localize in certain areas and not getting to the drainage where it needs to. So where you have that ponding or that pooling is actually creating a situation that leaks all the way down to the ceiling and creates a collapse in the ceiling. That's where you're at with this roof right now. It's to the point that it can't. Repairs, Band-Aids, not going to work anymore. It needs to be fully replaced in order to maintain a facility for years to come.

Okay. Anybody, anyone else have any questions? I might, my only, I guess my concern is the timeline because you have to hire somebody to do the schematics, that design, and in the interim, we will still be using this. Will we be able to still use this community center or no?

That's why we want to kind of declare it. Do you want to speak to that?

Madam Mayor, the idea is in the interim we will invest a sufficient amount to provide some measure of assurance that the facility will stand up for the next long enough period for us to get into the next transition of a facility.

And what's that time period? A year, two years, one year, six months?

A new facility will require the current facility to be in place for up to five years, right? We're talking a couple years of design, a couple years under construction, so up to five years. What staff has been saying is unless we invest some money right now to the roof to withstand this winter and the next winter and the year after, we don't feel that roof in its current condition will be intact. after el nino it may be right but it with two with a collapse at a men at the boys restroom and a collapse of the women's restroom we don't know if there's going to be another collapse in january and at that point worst case scenario is the roof caves in and the building official and the city engineer red tack the entire facility and it's close indefinitely and we're trying to prove it we would like to prevent that from happening And the reason I had mentioned the emergency is because if the traditional route, it'll be six months before we have a contractor on board to do some repairs. These type of roof repairs cannot be done during a rainy season and much less during El Nino. So it's likely they won't mobilize until the springtime. We're not confident that roof will be intact by then. We will invest what we have to. We will come back with additional investments in the facility. We know right away there are $500,000 to a million dollars of work that needs to be done immediately. And we will come back in the future if there is some other amount of money that needs to be put into the facility so that it can stay there for five or six years before we transition to a brand new structure.

feel like we're just throwing money but but you're saying it's it's uh it's an imminent it might be an imminent danger very well be imminent danger yes um uh yeah that's that's the dilemma so uh i would like to see from your team the breakdown of this uh um unplanned expenses

while we're doing something whatever that something is whether a replacement or a enhancement to the current one or some lease option whatever that is but i would like to see first what are our immediate expenses we're trying to prevent a we're trying to prevent a emergency thing to happen We should be doing it now, like you said. Yes. But it's not on the presentation. And I would like to see that on your next time on the city council.

All right. Thank you, Mayor. Oh, thank you. And we have Council Member Land.

Um, this is just from my own understanding. So if you're working on the roof, do activities still can go on? Or we have to close and no rentals and no activities there while you're working on the roof to replace the tiles. Okay.

so if we were doing a complete replacement we would have to close down the entire facility because in order to replace the roof facility we have to take off the hvac equipment that's on top of the roof and so there's no more air that would be available to make that building comfortable also replacing the entire roof will probably cause you know some liability or uh some danger down below so we would have to close the entire building for a min If we were going in the immediate improvement, you know, just replace the roof, we would have to close down the building. Now, if we do the temporary repairs that we're talking about now for the intimate, we don't have to close down the building. It's basically kind of coming in with the foam, spraying it on top, and hopefully it lasts for two to three years or four years.

And how long would that take? How long would that take?

So it will take, I believe from my conversation with the contractor, it might take three to four weeks to complete that work.

Okay.

So basically the contractor come in, they spray the foam all across the roof and put the silicone coating on top as the waterproofing. So that should not take that long. So three to four weeks, that kind of like very conservative.

Okay. Well, you guys are the experts. And if it needed to, to keep the building intact for another five years while we are working in getting to the plan of replacing the new building, please bring it back do the ask so that we can get it going. Thank you.

Thank you. If I understand correctly, putting the foam and the insulation on the roof cost a million dollars or less than that?

We have an estimate or a set aside for a million dollars. We're still running the numbers. Right now we have a quote just to do foam and a silk coat on top. However, we might have to maybe do some minor repairs or some spot repairs so that we ensure that we have positive drainage. So we're thinking, I don't think it's going to reach a million dollars, but we're being conservative here. till we fully, we haven't fully digested everything, invented everything, what is that final repair? And that's where we're still talking to the contractor and doing the assessments, but hopefully it's not gonna be a million dollars.

And you guys mentioned three to four weeks to do that? Yes, that is correct.

Yeah, so it's a pretty fast process. So the contractors come in, they're gonna power wash the whole roof, entire roof, and then let it dry, and then they can just spray the foam. All the entire roof and then after one or two days they put the coating on top of that.

And this has to be done on the dry day?

Yes, that's correct.

So anyone else? Like I said, for me, I would rather just do what we did when we were building City Hall. find some places where we can rent or lease, whatever, and then start doing what we have to do, building a new community center. That's my... Go ahead.

I think we need to see where the funding will come.

Well, yeah, that's, of course, that's the first thing.

I mean, I could easily, I mean, I love to have a new community center as well. Fancy one, nice and roomy for the Milpitas community choir to sing and all that. But the funding is the issue. And that's, we're lacking here. We need to know where the, where's the source of fund. That's, please come back with that as well. Thank you. Thank you, ma'am.

Yeah, that is the first thing. But once you find that out, then that's the right, the route that I would like to go. But that's, Council Member Lamb, you have a question?

I would go with doing the Band-Aid first. And while we're trying to get the funding and design of the new building, otherwise, we don't have a place to do things.

And how much is that going to cost?

It sounds like it's less than a million dollars. A million dollars? Less than a million. So that might be a route we could take. Repair my last several years.

The Band-Aid work, like I said before, irrespective of a long-term plan, the Band-Aid work absolutely needs to happen right now. It has to happen. We're not convinced that facility will be able to stay intact if El Nino turns out to be as dramatic as the news is saying. It has to happen. Anywhere from 500,000 to worst case scenario, a million dollars. But we think that's overly conservative. It has to happen. It takes four weeks. We need a dry month. And the longer it waits, the most likely the dry month won't happen again until April or May. It'll be too late.

From that perspective, I agree with the staff. Well, I think we need to do the Band-Aid first, and then we figure out what to do next. Otherwise, we don't have a place.

Yeah, if it's a million dollars, it's a million dollars.

It sounds like it's from half a million to a million.

Yeah. Now, one thing about the Band-Aid, once we do this Band-Aid, that's it. Yeah. Honestly, there's no more retinas that we can do. So this will give us a little bit more time to make a proper decision and come back to council.

I agree. It'll give you more time to find funding sources.

And we need to come back to council with this full, but we need this initial conversation. Where do we want to go? Money is the issue here, honestly, even for both options. We can't even look at improving replacement because it is a high cost where we're going to get that money uh so instead of looking for uh seven or eight million dollars and throw it into a facility that's aging should we be looking at a new facility instead and throwing that money into that um but this is a start of the uh of the conversation yeah so by going with the band-aid i agree with that i think i think doing the band-aid uh

just doing the roof that's that's it i mean nothing because we want to make sure that we have that it's at least it's safe that's right that's the bottom line so so all right so um is there a direction somebody want to make the direction about a manager city manager

All right, Mayor and Council based on the direction we will. We will make the necessary repair to prevent the emergency. My recommendation is that we make the necessary repair to prevent the emergency and then come back to you with a final decision on next steps.

Okay, second. Okay, let's call for the vote.

Vice Mayor Baradillo. Aye. Council Member Chua. Aye. Council Member Lamb. Aye. Council Member Leigh Ann. Aye. Mayor Montano. Aye.

Okay, great. Thank you. All right, next. Next, I think that was it. So next is announcements and future agenda items. City Manager, do you have any announcements?

uh madam mayor and council no major announcements i do know one of the public comments tonight was around the food pantry and i just wanted to let you and council know we are working on that and we will be bringing that forward okay so will it be on the next council agenda I'll let you know exactly when, but I don't know that we had it on the next one, but we will be bringing it very soon. Okay.

Please make sure to have your mic keyed.

If we can fast track that pantry issue, maybe on the next council meeting, that would be good to satisfy the residents. There's some, I think, misunderstanding on that one, and we want to make sure it's clear.

Not a problem, Council Member.

Thank you. Thank you, City Manager. Mayor, another one that I would like to, on the announcement part, Suzanne, are you ready?

I have pulled up the presentation. We just need to get IT to swap it over to your screens.

This one. This is the chef will be doing a demo on. on when is this September 26 is the cooked up demo so please the energy and sustainability commission is also part of this their co-sponsor and and this is to to market or introduce induction cooktop experience and it will be september 26 at the mopedas library 11 to 1 o'clock please come thank you so much thank you mayor thank you is that it uh we have a customer i mean vice mayor radio right i'll just i'll supplement the

City Manager's statement with regards to the Milpitas Food Pantry. So yeah, it appears to be a concern to a few or many in the community. I've seen it, I've heard it since our council put this to be agendized since May. It's June, July, August, September. It's been four months. And I would like to avoid confusions, assumptions, speculations that has resulted in inaccurate conclusions. So I think the solution to that is to once and for all, let's table it. It does not have to be... Of course, with the concurrence of the council, it does not have to be what we have asked in May to ask for recommendations what to do, but at least a presentation of what's going on, what is the contract, and also we invite the concerned citizens and community to put in their information and facts with regards to what's going on so that we don't speculate. We lay everything and then we talk about it And I hope that's just the first phase of this issue and we can continue the conversation and later on agendize it again if necessary. We just need some information because it's been a while. And I suggest that that preliminary presentation, just preliminary, be on the next council meeting in October.

Did you say October?

Yes, I think that's the next council meeting since we don't have a council meeting next time.

Yeah, I would like that. Yeah, because there's a lot of hearsay, speculations, accusations, and lies, and, you know, things get distorted. And so we need to clarify.

I agree. Okay. We need to have a consensus that's going to be in the next council meeting.

Do we need a consent on this?

Madam Mayor and Council will be on the next agenda. Thank you. Thank you.

All right, so anyone else? I have a couple. So a couple of months ago, I think, or maybe it was when you started, you met that gentleman from La Una. So they want a sister city with Mexico and Michoacan. And I think I gave your staff what they are recommending. look into that and that way we could if you can have staff look into it what is a possibility if not a sister city hopefully a friendship city um also i got a complaint about uh about speeding on arizona there's a lot of speeding on arizona uh vixen landing road north of arizona people just a lot of speeding over there So I was thinking maybe of some kind of a signage or something. And then tomorrow is the Mexican flag raising. Mexican independence, September 16th. So I'm inviting everybody. Yeah, it's tomorrow. So at 5 o'clock, 5 to 6. All right, and I think that's it for now. Okay, well, with that, I don't see any more. Meeting is adjourned.