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August 9, 2011 > Milpitas City Council

Milpitas City Council

August 2, 2011

Presentations
Proclaimed August 2011 as World Breastfeeding Awareness Month

Consent
Received the City's Investment Portfolio Status Report for the quarter ended June 30, 2011.

Progress report on the Emergency Contract Work Order for the Ayer Pump Station pump and motor assemblies. Labor costs not to exceed $650,000; all work is within budget; completion expected by the end of August 2011.

Adopted final acceptance of Cardoza and Calle Oriente Park playground renovations, including new play structures, landscaping, shade structures, benches and other improvements; new electrical equipment was also installed at Cardoza, Hall and Creighton Parks. Contractor's bond released.

Extended participation in the Santa Clara County Vehicle Abatement Service Authority for 10 years; the city receives approximately $50,000 annually for reimbursement of costs related to towing vehicles abandoned on private property.

Approved initial acceptance of the Gibraltar Reservoir and Pump Station improvements by Gantry Constructors, Inc. and reduced the contractor's faithful performance bond to $640,336, or 10 percent of the final contract value, for the one-year warranty period; the rehabilitated station will serve the city for at least two decades or longer.

Approved Subdivision Improvement Agreement with Milpitas Centria West, LLC (Lyon Communities) to complete public improvements for the Centria West Condominium project.

Authorized City Manager to execute Amendment No. One to Master Agreement with Santa Clara County Valley Transportation Authority (VTA) relating to the Silicon Valley Rapid Transit Program Berryessa Extension Project. The amendment provides for an additional deposit of $790,000 for reimbursement of the city's Bay Area Rapid Transit (BART) project efforts through June 20, 2012.

Approved 15-year agreement with Capital Telecom for an 80-feet high cell tower on Fire Station One, generating $1,000 per month for the city, with an annual increase of 3.5 percent. If a second carrier is not found after 12 or 24 months, base rent will increase to $1,250 and $1,500, respectively.

Renewed agreement between the city and Santa Clara County for Emergency Medical Dispatch (EMD) services and medical instructions to public safety workers through 2015; annual cost is approximately $42,000, based on percentage of usage.

Approved Amendment No. Four with JJR Construction to increase contract amount by $37,500 to a maximum total of $273,399 for on-call sidewalk curb and gutter repairs.

Approved plans and specifications and authorized advertisement for pavement repairs and asphalt overlay for all streets at McCarthy Blvd. Shopping Center. Engineer's estimate is $1.4M, which includes an Add Alternate item for Fire Station One parking lot repairs.

Approved five-year extension with Tiburon Inc., for Police Records Management System (RMS) in the maximum amount of $47,916.

Bids and Contracts
Approved agreement with Frank Martorella for fire inspection services, in the maximum amount of $62,400 annually.

Public Hearing
Confirmed weed abatement assessments for 2011. County Department of Agriculture and Environmental Management's charges will be collected via property assessments. No objections from property owners received.

Unfinished Business
Received progress report on Phase Four of Alviso Adobe renovation. Current park improvements include public restroom, benches and picnic area, apricot orchard, garden and other landscaping, with rebuilt water tower and garage. Interior building improvements, estimated at more than $1M, should be completed by late fall 2012 for the park's grand opening.

Received progress report on BART Extension Project. VTA has issued design/build request for BART extension from Fremont through Milpitas to San Jose and will award the construction contract in November 2011. VTA is negotiating acquisition of right-of-way with Milpitas property owners at three locations. Santa Clara Valley Water District plans improvements to Berryessa Creek for 100 years of flood protection in Milpitas, including the BART station. Public utilities affected by the construction will be included in the design phase, with mitigation measures included in construction permits issued by VTA.

Received proposal from Elan Esprit Preschool, Inc. to replace the city's Preschool Program, eliminated in May 2011 during the FY 2011-12 budget process. The proposed program will cost $50 more than the city's, has a comparable curriculum and includes a 65/35 percent split of class enrollment proceeds between Elan and the city. City Manager will execute a 12-month contract, subject to year-end review, with Elan Esprit Preschool, Inc. for pre-school services.

Redevelopment Agency
Received report on State Legislative Changes and Local Impacts. Bill ABx1 26 dissolves redevelopment agencies (RDA) and suspends all new redevelopment activities and incurrence of indebtedness by October 1, 2011; ABx1 27 avoids RDA dissolution by paying specified annual contributions to the State, first payment of $13.9M is due January 15, 2012. Council directed staff to draft an ordinance by September 2011 and directed City Manager to reorganize the city's operating structure and service-delivery model to overcome loss of $6M annually to the General Fund, to amend the Capital Improvement Program (CIP) to compensate for the $3M-6M loss from RDA, and proceed with community outreach and potential revenue measure for the June 2012 ballot. (4 YES votes, 1 NO votes (Esteves))

Reports of Mayor and Council
Received report from City staff on the City Council salary and benefits outlining 2010 actual costs and 2011 projected salary and benefits costs.

Ordinances
Adopted resolution of intent to approve contract amendment with the California Public Employee Retirement Systems (CALPERS) for miscellaneous category employees. For FY 2011-12 through 2012-13, employer's contribution rate will be 16.348 percent of reportable earnings for new hires; employee's contribution is seven percent; savings will be achieved with new hires. Adopted ordinance authorizing the amendment between Council and the Board of Administration of CALPERS.

Announcements
Councilmember Polanski said Sean Simonson would like to schedule time to host an Emergency Preparedness training session for council members.

Councilmember Giordano commented on an email from resident Dan Manassau to Mayor Esteves and Councilmember Giordano regarding councilmembers' salaries and benefits and ineffectiveness of [unspecified] city staff.

Public Forum
Carol Kassab invited Council to the Silicon Valley Business Conference, Expo and Procurement Fair on August 17, 2011, at the Embassy Suites Hotel, 901 East Calaveras Boulevard from 10 a.m. to 3 p.m.

Mayor Jose Esteves Yes
Vice Mayor Pete McHugh Yes
Debbie Giordano Yes
Armando Gomez, Jr. Yes
Althea Polanski Yes

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