Milpitas City Council
June 21, 2022

455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035 -5479 GENERAL INFORMATION : 408 -586 -3000, www.ci.milpitas.ca.gov

06/20/2022
Agenda Item No. C25

ATTACHMENT RELATED TO
AGENDA ITEM C25

SUBMITTED AFTER AGENDA

PACKET DISTRIBUTION

EXHIBIT A

C I T Y O F M I L P I T A S
6/20/2022

CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection
*Effective 07/03/2022

Step A
Step B
Step C
Step D
Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Accountant
50 2101
500

47.90 3,831.91

99,629.63

50.29 4,023.48

104,610.45

52.80 4,223.84

109,819.96

55.45 4,436.02

115,336.64

58.21 4,657.02

121,082.56

Accounting Technician I
50 6104
513

31.19 2,495.54

64,883.92

32.75 2,620.34

68,128.86

34.39 2,751.36

71,535.27

36.11 2,888.92

75,112.01

37.92 3,033.37

78,867.64

Accounting Technician II
50 6105
514

34.31 2,745.08

71,372.18

36.03 2,882.37

74,941.69

37.83 3,026.49

78,688.75

39.72 3,177.85

82,624.07

41.71 3,336.66

86,753.27

Administrative Analyst I
80 2102
801

41.20 3,295.90

85,693.28

-

-

-

-

-

-

-

-

-

54.24 4,338.84

112,809.72

Administrative Analyst II
80 2103
802

45.50 3,639.93

94,638.21

-

-

-

-

-

-

-

-

-

59.89 4,790.99

124,565.77

Administrative Assistant
80 6111
828

39.30 3,144.37

81,753.73

41.27 3,301.59

85,841.26

43.33 3,466.69

90,134.05

45.50 3,640.00

94,640.07

47.77 3,821.99

99,371.77

Adult Crossing Guard
70 8401
725

16.40 1,312.00

34,112.00

-

-

-

-

-

-

-

-

-

18.46 1,476.80

38,396.80

Adult Crossing Guard Supervisor
70 8402
720

17.71 1,416.80

36,836.80

-

-

-

-

-

-

-

-

-

22.93 1,834.40

47,694.40

Assistant Chief of Police
60 1405
649
101.91

8,152.44

211,963.44

-

-

-

-

-

-

-

-

-

142.66

11,412.76

296,731.76

Assistant City Engineer
60 1205
639

72.46 5,796.43

150,707.06

-

-

-

-

-

-

-

-

-

101.44

8,115.00

210,989.94

Assistant City Manager
60 1104
666

96.52 7,721.90

200,769.39

-

-

-

-

-

-

-

-

-

135.13

10,810.67

281,077.52

Assistant City Attorney
60 1113
645

76.92 6,153.85

160,000.00

104.13

8,330.23

216,586.00

Assistant Engineer
50 2201
502

51.90 4,151.81

107,946.97

54.49 4,359.39

113,344.21

57.22 4,577.35

119,011.12

60.08 4,806.25

124,962.44

63.08 5,046.59

131,211.29

Assistant Finance Director
60 1109
669

69.46 5,557.07

144,483.88

-

-

-

-

-

-

-

-

-

97.25 7,780.09

202,282.36

Assistant Fire Marshal
60 2501
632

78.14 6,251.40

162,536.40

-

-

-

-

-

-

-

-

-

109.40

8,751.98

227,551.48

Assistant Planner
50 2801
503

49.76 3,981.04

103,507.11

52.25 4,180.19

108,685.02

54.86 4,388.45

114,099.67

57.60 4,607.82

119,803.28

60.48 4,838.31

125,796.10

Assistant Pool Manager
70 5609
709

17.45 1,396.00

36,296.00

-

-

-

-

-

-

-

-

-

24.44 1,955.20

50,835.20

Assistant Water Operator
20 7212
221

42.68 3,201.06

83,227.69

44.82 3,361.13

87,389.30

47.06 3,529.18

91,758.72

49.41 3,705.62

96,346.14

51.88 3,890.93

101,164.13

Assistant Water Operator - 40
20 8611
226

42.68 3,414.18

88,768.74

44.82 3,585.23

93,216.09

47.05 3,764.15

97,867.78

49.41 3,952.90

102,775.48

51.88 4,150.51

107,913.22

Associate Civil Engineer
50 2202
504

59.68 4,774.55

124,138.42

62.67 5,013.32

130,346.29

65.80 5,263.99

136,863.74

69.09 5,527.19

143,706.84

72.54 5,803.57

150,892.71

Associate Planner
50 2802
505

57.22 4,577.47

119,014.34

60.09 4,806.96

124,980.92

63.09 5,047.56

131,236.46

66.24 5,299.28

137,781.23

69.55 5,564.14

144,667.70

Budget Manager
80 1115
839

60.06 4,804.40

124,914.50

-

-

-

-

-

-

-

-

-

79.05 6,324.00

164,424.00

Building & Housing Director
60 1802
658

83.95 6,715.81

174,611.13

-

-

-

-

-

-

-

-

-

117.53

9,402.14

244,455.53

Building Inspection Manager
80 3809
848

62.56 5,005.07

130,131.78

-

-

-

-

-

-

-

-

-

76.05 6,083.74

158,177.21

Building Inspector Apprentice
70 8610
770

28.00 2,240.00

58,240.00

-

-

-

-

-

-

-

-

-

35.00 2,800.00

72,800.00

Building Official
60 1804
676

73.84 5,907.33

153,590.58

-

-

-

-

-

-

-

-

-

103.38

8,270.26

215,026.81

Building Permit Technician
50 5801
508

38.00 3,040.05

79,041.17

39.90 3,192.38

83,001.93

41.91 3,352.54

87,165.95

43.99 3,519.54

91,508.06

46.19 3,695.33

96,078.61

Building/NP Inspector
50 3801
507

50.37 4,029.41

104,764.70

52.89 4,230.92

110,003.94

55.53 4,442.42

115,502.94

58.31 4,664.57

121,278.85

61.22 4,897.77

127,342.11

Business Systems Analyst/Developer
80 2119
853

54.92 4,393.67

114,235.43

-

-

-

-

-

-

-

-

-

72.29 5,783.41

150,368.67

Buyer
80 2106
803

40.83 3,266.02

84,916.51

-

-

-

-

-

-

-

-

-

53.74 4,299.10

111,776.50

CIP Manager
60 2211
642

63.79 5,103.11

132,680.89

-

-

-

-

-

-

-

-

-

89.31 7,144.92

185,767.83

Case Manager
50 5612
544

34.05 2,723.90

70,821.32

-

-

-

-

-

-

-

-

-

42.49 3,399.37

88,383.64

Chief Fire Enforcement Officer
60 1505
656

69.61 5,569.00

144,793.90

-

-

-

-

-

-

-

-

-

97.46 7,796.59

202,711.45

Chief of Police
60 1402
650
107.00

8,559.98

222,559.48

-

-

-

-

-

-

-

-

-

149.79

11,983.48

311,570.48

City Attorney
60 1112
644
101.96

8,156.94

212,080.44

-

-

-

-

-

-

-

-

-

127.45

10,196.20

265,101.08

City Clerk
60 1101
605

63.83 5,106.48

132,768.40

-

-

-

-

-

-

-

-

-

89.37 7,149.88

185,896.98

Councilmember
60 1107
699

21.29 1,702.99

44,277.79

-

-

-

-

-

-

-

-

-

21.29 1,702.99

44,277.79

City Manager
60 1102
697
163.97

13,117.49

341,054.63

-

-

-

-

-

-

-

-

-

163.97

13,117.49

341,054.63

Code Enforcement Officer
50 5804
515

44.04 3,523.20

91,603.13

46.24 3,699.41

96,184.65

48.56 3,885.17

101,014.43

50.99 4,079.42

106,064.87

53.54 4,283.24

111,364.36

Comm Svc Engmt & Incl Admin
60 1121
659

65.87 5,269.32

137,002.32

-

-

-

-

-

-

-

-

-

92.21 7,377.05

191,803.25

Communications Dispatch Superv
40 6409
456

55.09 4,406.81

114,577.14

57.84 4,627.15

120,305.83

60.73 4,858.52

126,321.53

63.77 5,101.45

132,637.58

66.96 5,356.53

139,269.70

Communications Dispatcher
40 6408
455

47.69 3,815.58

99,205.16

50.08 4,006.34

104,164.72

52.58 4,206.64

109,372.67

55.21 4,416.94

114,840.45

57.97 4,637.80

120,582.72

Community Service Officer
50 5807
551

42.14 3,370.92

87,643.98

44.24 3,539.47

92,026.26

46.46 3,716.45

96,627.60

48.78 3,902.26

101,458.71

51.22 4,097.40

106,532.45

Crime Analyst
80 2105
809

49.32 3,945.49

102,582.81

-

-

-

-

-

-

-

-

-

64.92 5,193.48

135,030.56

Customer Services Supervisor
80 2127
847

47.82 3,825.84

99,471.75

-

-

-

-

-

-

-

-

-

62.95 5,035.65

130,926.85

Deputy City Attorney
60 1114
646

60.10 4,807.69

125,000.00

83.30 6,664.15

173,268.00

Deputy City Clerk
80 6102
835

46.96 3,756.97

97,681.12

-

-

-

-

-

-

-

-

-

57.08 4,566.61

118,731.90

Deputy City Manager
60 1119
672

94.59 7,567.46

196,754.00

-

-

-

-

-

-

-

-

-

132.38

10,590.05

275,341.25

Deputy Fire Chief
60 1504
633

98.47 7,877.33

204,810.58

-

-

-

-

-

-

-

-

-

137.85

11,028.26

286,734.76

Deputy IT Director
60 1123
679

76.44 6,115.38

159,000.00

97.89 7,831.54

203,620.00

Deputy Public Works Director
60 1207
654

74.46 5,956.90

154,879.45

-

-

-

-

-

-

-

-

-

104.25

8,339.67

216,831.50

Dir of Recr & Community Svcs
60 1208
655

82.21 6,576.74

170,995.13

-

-

-

-

-

-

-

-

-

115.32

9,225.38

239,859.87

Economic Development Coord
80 8623
852

51.82 4,145.85

107,792.13

-

-

-

-

-

-

-

-

-

64.26 5,140.80

133,660.80

Economic Development Director
60 1206
653

77.22 6,177.54

160,615.99

-

-

-

-

-

-

-

-

-

108.11

8,648.53

224,861.75

Economic Development Spec
80 8606
850

49.35 3,948.09

102,650.43

-

-

-

-

-

-

-

-

-

59.57 4,765.74

123,909.13

Electrical/Building Inspector
50 3802
511

52.89 4,230.91

110,003.67

55.53 4,442.42

115,502.94

58.31 4,664.56

121,278.59

61.22 4,897.77

127,342.11

64.28 5,142.67

133,709.33

Emergency Services Coordinator
80 2502
836

54.52 4,362.00

113,411.98

-

-

-

-

-

-

-

-

-

71.76 5,740.98

149,265.43

Employee Relations Officer
60 1209
677

63.98 5,118.53

133,081.87

-

-

-

-

-

-

-

-

-

89.57 7,165.93

186,314.14

EXHIBIT A
6/20/2022 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection
*Effective 07/03/2022

Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Engineering Aide 50 3201 512 41.27 3,301.75 85,845.43 43.34 3,466.85 90,138.00 45.50 3,640.17 94,644.54 47.78 3,822.15 99,376.03 50.17 4,013.27 104,345.06 Engineering Director/City Eng 60 1201 606 83.95 6,715.81 174,611.13 - - - - - - - - - 117.53 9,402.14 244,455.53 Engineering Permit Technician 50 2210 540 37.15 2,972.15 77,275.83 39.01 3,120.77 81,139.92 40.96 3,276.79 85,196.55 43.01 3,440.59 89,455.38 45.16 3,612.64 93,928.71 Entry Firefighter - 40 10 4512 115 48.54 3,883.39 100,968.14 50.48 4,038.73 105,006.98 - - - - - - - - - Entry Firefighter - 56 10 4510 112 34.67 2,773.85 72,120.10 36.06 4,038.73 105,006.98 - - - - - - - - - Entry Firefighter/Paramedic-40 10 4513 116 54.37 4,349.39 113,084.14 56.54 4,523.39 117,608.14 - - - - - - - - - Entry Firefighter/Paramedic-56 10 4511 113 38.83 3,106.71 80,774.39 40.39 4,523.39 117,608.14 - - - - - - - - - Entry Level Fire Inspector 10 3508 114 42.32 3,385.74 88,029.24 44.44 3,555.03 92,430.78 46.66 3,732.79 97,052.54 48.99 3,919.43 101,905.18 50.97 4,077.95 106,026.70 Envir & Regulatory Comply Spec 80 8624 851 52.67 4,213.67 109,555.45 - - - - - - - - - 69.33 5,546.40 144,206.48 Environmental Inspector 50 2213 553 52.89 4,230.91 110,003.67 55.53 4,442.45 115,503.75 58.31 4,664.58 121,279.12 61.22 4,897.80 127,342.92 64.28 5,142.67 133,709.33 Equip Maint Worker I - 40 20 8612 227 39.04 3,123.39 81,208.21 40.97 3,277.99 85,227.62 43.03 3,442.18 89,496.62 45.19 3,614.99 93,989.77 47.44 3,795.50 98,682.96 Equip Maint Worker II - 40 20 8613 228 42.93 3,434.48 89,296.57 45.08 3,606.37 93,765.62 47.34 3,786.86 98,458.28 49.71 3,976.96 103,401.06 52.20 4,175.72 108,568.80 Equip Maint Worker III - 40 20 8614 229 48.37 3,869.43 100,605.23 50.79 4,063.38 105,647.90 53.34 4,266.95 110,940.70 56.00 4,480.11 116,482.82 58.81 4,704.78 122,324.35 Equipment Maint. Worker I 20 7202 200 38.80 3,104.05 80,705.35 40.74 3,055.56 79,444.48 42.78 3,208.37 83,417.56 44.92 3,368.78 87,588.27 47.16 3,773.02 98,098.50 Equipment Maint. Worker II 20 7203 201 42.68 3,414.47 88,776.20 44.82 3,361.13 87,389.30 47.06 3,529.18 91,758.72 49.41 3,705.62 96,346.14 51.88 4,150.32 107,908.40 Equipment Maint. Worker III 20 7204 202 48.09 3,847.19 100,026.94 50.49 3,787.01 98,462.29 53.02 3,976.39 103,386.06 55.67 4,175.21 108,555.41 58.45 4,676.25 121,582.63 Executive Assistant 80 6117 812 43.23 3,458.31 89,916.06 45.39 3,631.25 94,412.53 47.66 3,812.81 99,133.09 50.04 4,003.44 104,089.41 52.55 4,203.62 109,294.22 FF/Paramedic Trainee - 40 10 4504 107 52.28 4,182.11 108,734.86 52.28 4,182.11 108,734.86 52.28 4,182.11 108,734.86 52.28 4,182.11 108,734.86 52.28 4,182.11 108,734.86 FF/Paramedic Trainee - 56 10 4514 155 37.34 2,987.22 77,667.76 37.34 4,182.11 108,734.86 37.34 4,182.11 108,734.86 37.34 4,182.11 108,734.86 37.34 2,987.22 77,667.76 Finance Director 60 1103 627 84.31 6,744.97 175,369.33 - - - - - - - - - 118.03 9,442.21 245,497.50 Finance Manager 60 1116 647 59.50 4,760.30 123,767.78 - - - - - - - - - 83.31 6,664.46 173,275.85 Financial Analyst I 80 2125 844 38.47 3,077.45 80,013.76 - - - - - - - - - 50.64 4,050.83 105,321.53 Financial Analyst II 80 2126 845 42.48 3,398.78 88,368.35 - - - - - - - - - 55.92 4,473.83 116,319.64 Fire Battalion Chief 10 2508 153 52.44 4,195.41 109,080.77 - - - - - - - - - 73.42 5,873.58 152,713.04 Fire Battalion Chief - 40 10 2509 154 73.42 5,873.58 152,713.08 - - - - - - - - - 102.79 8,223.01 213,798.26 Fire Captain 10 2504 100 45.90 3,671.71 95,464.39 48.13 5,390.99 140,165.74 50.48 5,654.12 147,007.12 52.95 5,930.37 154,189.62 55.54 4,443.19 115,523.01 Fire Captain - 40 10 2507 108 64.25 5,140.39 133,650.14 67.39 5,390.99 140,165.74 70.68 5,654.12 147,007.12 74.13 5,930.37 154,189.62 77.76 6,220.47 161,732.22 Fire Chief 60 1502 630 108.56 8,684.85 225,806.10 - - - - - - - - - 151.99 12,158.82 316,129.32 Fire Engineer 10 4501 102 40.47 3,237.71 84,180.57 42.44 4,753.02 123,578.52 44.50 4,984.22 129,589.72 46.67 5,226.98 135,901.48 48.95 3,915.63 101,806.34 Fire Engineer - 40 10 4515 156 56.66 4,532.80 117,852.80 59.41 4,753.02 123,578.52 62.30 4,984.22 129,589.72 65.34 5,226.98 135,901.48 68.52 5,481.88 142,528.88 Fire Engineer/Paramedic 10 4505 151 45.19 3,615.17 93,994.46 47.39 5,307.92 138,005.92 49.70 5,566.86 144,738.36 52.13 5,838.72 151,806.72 54.68 4,374.45 113,735.70 Fire Prevention Inspector 10 3501 106 64.88 5,190.53 134,953.78 68.05 5,443.63 141,534.38 71.37 5,709.37 148,443.62 74.85 5,988.39 155,698.14 78.52 6,281.37 163,315.62 Fire Protection Engineer 10 3507 110 64.88 5,190.53 134,953.78 68.05 5,443.63 141,534.38 71.37 5,709.37 148,443.62 74.85 5,988.39 155,698.14 78.52 6,281.37 163,315.62 Firefighter 10 4502 103 37.82 3,025.99 78,675.81 39.66 4,441.71 115,484.46 41.58 4,657.36 121,091.36 43.61 4,883.81 126,979.06 45.73 3,658.20 95,113.20 Firefighter Trainee - 40 10 4509 109 46.68 3,734.04 97,085.04 46.68 3,734.04 97,085.04 46.68 3,734.04 97,085.04 46.68 3,734.04 97,085.04 46.68 3,734.04 97,085.04 Firefighter/Paramedic 10 4503 104 42.23 3,378.06 87,829.49 44.28 4,959.20 128,939.20 46.44 5,200.75 135,219.50 48.70 5,454.30 141,811.80 51.08 4,086.14 106,239.71 Fitness Instructor 70 5620 713 35.00 2,800.00 72,800.00 - - - - - - - - - 75.00 6,000.00 156,000.00 Fleet Maint Worker I -40 20 8615 230 37.27 2,981.63 77,522.48 39.14 3,131.07 81,407.72 41.09 3,287.37 85,471.58 43.14 3,451.54 89,740.05 45.31 3,624.57 94,238.82 Fleet Maint Worker II - 40 20 8616 231 40.99 3,279.51 85,267.25 43.05 3,443.67 89,535.45 45.20 3,615.70 94,008.24 47.46 3,796.60 98,711.62 49.83 3,986.34 103,644.76 Fleet Maint Worker III -40 20 8617 232 47.15 3,772.01 98,072.38 49.51 3,960.78 102,980.35 51.98 4,158.37 108,117.56 54.57 4,365.78 113,510.24 57.31 4,585.00 119,210.10 Fleet Maintenance Worker I 20 7207 213 37.27 2,981.65 77,522.89 39.13 2,935.03 76,310.68 41.09 3,081.81 80,127.10 43.14 3,235.84 84,131.78 45.30 3,624.16 94,228.18 Fleet Maintenance Worker II 20 7208 214 41.00 3,279.83 85,275.52 43.05 3,228.54 83,941.91 45.20 3,390.00 88,139.94 47.46 3,559.50 92,547.13 49.83 3,986.57 103,650.74 Fleet Maintenance Worker III 20 7209 215 47.15 3,771.76 98,065.65 49.50 3,712.81 96,533.06 51.98 3,898.42 101,358.82 54.58 4,093.33 106,426.67 57.31 4,584.60 119,199.71 GIS Technician 50 2212 552 51.90 4,151.81 107,946.97 54.49 4,359.39 113,344.21 57.22 4,577.38 119,011.93 60.08 4,806.23 124,961.91 63.08 5,046.61 131,211.82 Hazardous Materials Inspector 10 3502 105 64.88 5,190.53 134,953.78 68.05 5,443.63 141,534.38 71.37 5,709.37 148,443.62 74.85 5,988.39 155,698.14 78.52 6,281.37 163,315.62 Housing Authority Adminr 60 1120 673 62.12 4,969.45 129,205.71 - - - - - - - - - 86.96 6,957.19 180,886.82 Human Resources Analyst I 80 2124 843 41.20 3,295.90 85,693.28 - - - - - - - - - 54.24 4,338.84 112,809.72 Human Resources Analyst II 80 2123 842 45.50 3,639.93 94,638.21 - - - - - - - - - 59.89 4,790.99 124,565.77 Human Resources Assistant 80 2108 846 29.35 2,347.82 61,043.21 30.81 2,465.13 64,093.27 32.35 2,588.38 67,297.95 33.97 2,717.81 70,663.07 35.67 2,853.69 74,196.06 Human Resources Director 60 1105 613 83.84 6,707.02 174,382.53 - - - - - - - - - 117.37 9,389.85 244,136.22 Human Resources Technician 80 2107 816 35.60 2,847.61 74,037.74 37.38 2,990.61 77,755.84 39.24 3,139.47 81,626.17 41.21 3,297.06 85,723.51 43.27 3,461.48 89,998.54 I T Director 60 2113 624 82.73 6,618.79 172,088.55 - - - - - - - - - 115.83 9,266.29 240,923.59 I T Manager 80 2116 819 62.02 4,961.81 129,007.07 - - - - - - - - - 81.64 6,531.56 169,820.55 I T Technician 50 3101 542 41.29 3,303.34 85,886.94 43.36 3,468.49 90,180.85 45.52 3,641.87 94,688.72 47.80 3,823.97 99,423.16 50.19 4,015.19 104,394.87 Information Services Analyst 80 2118 831 52.17 4,173.96 108,523.02 - - - - - - - - - 68.68 5,494.16 142,848.12 Junior Engineer 50 2203 519 47.18 3,774.35 98,133.17 49.54 3,963.08 103,040.07 52.02 4,161.23 108,192.00 54.62 4,369.29 113,601.56 57.35 4,587.76 119,281.87 Junior Planner 50 2804 520 42.72 3,417.27 88,849.08 44.85 3,588.15 93,291.88 47.09 3,767.54 97,956.15 49.45 3,955.97 102,855.29 51.92 4,153.72 107,996.78 Legal Assistant 60 6115 838 38.53 3,082.72 80,150.72 46.84 3,747.05 97,423.38 6/20/2022 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection
*Effective 07/03/2022

Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Lifeguard 70 5610 710 16.40 1,312.00 34,112.00 - - - - - - - - - 22.85 1,828.29 47,535.49 Maint Worker III - 40 20 8619 234 40.15 3,211.67 83,503.52 42.16 3,372.50 87,684.95 44.26 3,541.02 92,066.43 46.48 3,718.22 96,673.66 48.80 3,904.09 101,506.38 Maintenance Assistant 20 8625 238 24.48 1,958.40 50,918.40 25.64 2,051.20 53,331.20 26.84 2,147.20 55,827.20 28.11 2,248.80 58,468.80 29.43 2,354.40 61,214.40 Maintenance Custodian I 20 8101 203 28.60 2,287.72 59,480.74 30.03 2,251.98 58,551.52 31.53 2,364.60 61,479.65 33.10 2,482.83 64,553.46 34.76 2,780.77 72,300.00 Maintenance Custodian I - 40 20 8107 222 28.60 2,287.74 59,481.33 30.03 2,402.10 62,454.71 31.53 2,522.22 65,577.79 33.10 2,648.35 68,857.00 34.76 2,780.74 72,299.31 Maintenance Custodian II 20 8102 204 31.46 2,516.55 65,430.32 33.03 2,477.20 64,407.24 34.68 2,601.08 67,628.07 36.41 2,731.06 71,007.44 38.24 3,058.83 79,529.60 Maintenance Custodian II - 40 20 8108 223 31.46 2,516.55 65,430.24 33.03 2,642.32 68,700.34 34.68 2,774.47 72,136.21 36.41 2,913.14 75,741.61 38.24 3,058.86 79,530.44 Maintenance Custodian III 20 8103 205 36.17 2,893.98 75,243.37 37.98 2,848.74 74,067.32 39.88 2,991.18 77,770.73 41.88 3,140.75 81,659.45 43.97 3,517.69 91,459.91 Maintenance Custodian III - 40 20 8618 233 36.18 2,894.16 75,248.05 37.98 3,038.65 79,005.02 39.89 3,191.03 82,966.85 41.88 3,350.28 87,107.31 43.97 3,517.40 91,452.36 Maintenance Worker I 20 8202 206 31.46 2,516.55 65,430.32 33.03 2,477.20 64,407.24 34.68 2,601.08 67,628.07 36.41 2,731.12 71,009.04 38.24 3,058.83 79,529.60 Maintenance Worker I-40 20 8203 207 31.74 2,539.49 66,026.63 33.32 2,665.64 69,306.64 34.99 2,799.51 72,787.24 36.74 2,939.14 76,417.53 38.58 3,086.49 80,248.68 Maintenance Worker II 20 8204 208 34.60 2,768.17 71,972.36 36.33 2,724.90 70,847.29 38.15 2,861.12 74,389.22 40.06 3,004.20 78,109.23 42.06 3,364.71 87,482.48 Maintenance Worker II-40 20 8205 209 34.91 2,792.76 72,611.83 36.65 2,932.40 76,242.39 38.50 3,079.75 80,073.54 40.41 3,232.86 84,054.39 42.43 3,394.64 88,260.72 Maintenance Worker III 20 8206 210 39.79 3,183.35 82,767.20 41.78 3,133.62 81,474.13 43.87 3,290.31 85,548.17 46.06 3,454.83 89,825.48 48.37 3,869.43 100,605.10 Maintenance Worker/Seasonal 70 8207 760 19.88 1,590.40 41,350.40 - - - - - - - - - 24.85 1,988.00 51,688.00 Management Analyst 80 2128 854 54.62 4,369.68 113,611.68 - - - - - - - - - 76.49 6,118.89 159,091.09 Marketing Coordinator 50 5614 548 40.10 3,207.70 83,400.15 42.10 3,368.08 87,570.06 44.21 3,536.47 91,948.33 46.42 3,713.30 96,545.92 48.74 3,898.97 101,373.28 Mayor 60 1118 696 26.62 2,129.27 55,361.03 - - - - - - - - - 26.62 2,129.27 55,361.03 Office Assistant I 50 6108 516 27.13 2,170.11 56,422.78 28.48 2,278.60 59,243.52 29.91 2,392.55 62,206.19 31.40 2,512.13 65,315.35 32.97 2,637.75 68,581.44 Office Assistant II 50 6109 517 29.84 2,387.01 62,062.38 31.33 2,506.32 65,164.31 32.90 2,631.71 68,424.51 34.54 2,763.29 71,845.65 36.27 2,901.39 75,436.05 Office Specialist 50 6110 518 34.31 2,745.05 71,371.38 36.03 2,882.34 74,940.88 37.83 3,026.49 78,688.75 39.72 3,177.85 82,624.07 41.71 3,336.66 86,753.27 Patrol Officer 40 4401 404 50.99 4,079.50 106,067.00 53.54 4,283.46 111,370.08 56.22 4,497.62 116,938.07 59.03 4,722.51 122,785.34 61.98 4,958.60 128,923.64 Patrol Officer Trainee 40 4402 458 49.90 3,991.89 103,789.22 52.39 4,191.41 108,976.65 55.01 4,401.03 114,426.84 57.76 4,621.05 120,147.26 60.65 4,852.06 126,153.64 Payroll Specialist 50 5102 546 36.65 2,931.78 76,226.32 38.48 3,078.37 80,037.65 40.40 3,232.28 84,039.39 42.42 3,393.91 88,241.71 44.54 3,563.55 92,652.37 Plan Check Engineer 50 3807 521 61.08 4,886.04 127,037.09 64.12 5,129.83 133,375.65 67.33 5,386.67 140,053.51 70.69 5,655.57 147,044.70 74.28 5,942.06 154,493.55 Plan Checker 50 3803 522 52.08 4,166.40 108,326.44 54.68 4,374.67 113,741.36 57.42 4,593.78 119,438.26 60.28 4,822.79 125,392.53 63.31 5,064.61 131,679.94 Plan Review Manager 60 1210 678 65.18 5,214.64 135,580.58 - - - - - - - - - 84.78 6,782.12 176,335.19 Planning Commissioners 70 1108 698 1.00 80.00 2,080.00 - - - - - - - - - 1.00 80.00 2,080.00 Planning Director 60 1803 607 83.95 6,715.81 174,611.13 - - - - - - - - - 117.53 9,402.14 244,455.53 Planning Manager 60 2803 602 63.98 5,118.53 133,081.87 - - - - - - - - - 89.57 7,165.93 186,314.14 Planning Technician 50 2813 554 38.00 3,040.05 79,041.17 39.90 3,192.38 83,001.93 41.91 3,352.54 87,165.95 43.99 3,519.54 91,508.06 46.19 3,695.33 96,078.61 Police Assistant 40 6401 450 48.46 3,876.41 100,786.57 50.88 4,070.19 105,825.02 53.42 4,273.69 111,115.84 56.09 4,487.40 116,672.37 58.90 4,711.78 122,506.32 Police Captain 60 1401 651 97.05 7,763.76 201,857.76 - - - - - - - - - 135.86 10,869.10 282,596.60 Police Clerk I 40 6402 451 34.73 2,778.57 72,242.82 36.47 2,917.51 75,855.23 38.29 3,063.37 79,647.52 40.21 3,216.55 83,630.37 42.22 3,377.31 87,810.15 Police Clerk II 40 6403 452 38.20 3,056.36 79,465.24 40.12 3,209.26 83,440.88 42.12 3,369.71 87,612.41 44.23 3,538.22 91,993.67 46.44 3,715.05 96,591.33 Police Clerk Supervisor 40 6404 454 44.13 3,530.17 91,784.47 46.33 3,706.71 96,374.40 48.65 3,892.00 101,191.92 51.08 4,086.62 106,252.22 53.64 4,290.94 111,564.36 Police Evidence Technician 40 8607 459 40.52 3,241.35 84,275.03 42.54 3,403.39 88,488.13 44.67 3,573.58 92,913.09 46.90 3,752.28 97,559.25 49.25 3,939.88 102,437.00 Police Lieutenant 40 2402 400 78.22 6,257.36 162,691.32 82.13 6,570.23 170,825.97 86.23 6,898.77 179,368.09 90.55 7,243.73 188,336.88 95.07 7,605.89 197,753.13 Police Officer 40 4403 403 55.76 4,460.97 115,985.33 58.55 4,684.09 121,786.24 61.48 4,918.27 127,874.96 64.55 5,164.14 134,267.76 67.78 5,422.41 140,982.76 Police Officer Trainee 40 4404 457 54.56 4,365.16 113,494.09 57.29 4,583.47 119,170.27 60.16 4,812.68 125,129.75 63.17 5,053.28 131,385.30 66.32 5,305.94 137,954.52 Police Sergeant 40 4405 401 67.36 5,388.98 140,113.44 70.73 5,658.44 147,119.46 74.27 5,941.35 154,475.13 77.98 6,238.50 162,200.96 81.88 6,550.42 170,310.82 Police Support Services Mgr 60 1404 657 62.05 4,964.09 129,066.21 - - - - - - - - - 86.88 6,950.04 180,700.92 Pool Manager 70 5608 708 18.74 1,499.20 38,979.20 - - - - - - - - - 26.23 2,098.40 54,558.40 Principal Civil Engineer 80 2204 822 65.18 5,214.64 135,580.58 - - - - - - - - - 84.78 6,782.12 176,335.19 Principal Planner 80 2811 823 67.21 5,376.42 139,786.92 - - - - - - - - - 81.40 6,511.68 169,303.68 Program Coordinator 50 5606 523 37.39 2,991.45 77,777.69 - - - - - - - - - 49.22 3,937.64 102,378.60 Public Information Officer 60 1122 674 61.58 4,926.60 128,091.60 - - - - - - - - - 86.22 6,897.25 179,328.51 Public Services Assistant I 50 6601 524 31.19 2,495.54 64,883.92 32.75 2,620.34 68,128.86 34.39 2,751.38 71,535.81 36.11 2,888.94 75,112.54 37.92 3,033.37 78,867.64 Public Services Assistant II 50 6602 525 34.31 2,745.08 71,372.18 36.03 2,882.37 74,941.69 37.83 3,026.48 78,688.48 39.72 3,177.86 82,624.33 41.71 3,336.66 86,753.27 Public Works Director 60 1204 635 86.32 6,905.59 179,545.44 - - - - - - - - - 120.85 9,667.85 251,363.99 Public Works Inspector 50 3202 526 50.37 4,029.41 104,764.70 52.89 4,230.92 110,003.94 55.53 4,442.42 115,502.94 58.31 4,664.57 121,278.85 61.22 4,897.77 127,342.11 Public Works Manager 60 1117 648 57.45 4,596.17 119,500.45 - - - - - - - - - 80.43 6,434.63 167,300.36 Purchasing Agent 80 1106 826 53.81 4,304.96 111,928.99 - - - - - - - - - 69.40 5,552.20 144,357.11 Recreation Administrative Asst 70 5619 712 16.40 1,312.00 34,112.00 - - - - - - - - - 22.85 1,828.29 47,535.49 Recreation Attendant 70 5618 711 16.40 1,252.00 32,552.00 - - - - - - - - - 22.85 1,828.29 47,535.49 Recreation Instructors 70 5607 707 18.82 1,505.60 39,145.60 - - - - - - - - - 37.64 3,011.20 78,291.20 Recreation Leader 70 5617 706 16.40 1,312.00 34,112.00 - - - - - - - - - 22.85 1,828.29 47,535.49 Recreation Services Supervisor 80 2601 827 51.40 4,112.34 106,920.95 - - - - - - - - - 67.65 5,412.39 140,722.02 6/20/2022 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection
*Effective 07/03/2022

Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Recreation Svcs Assistant I 50 8601 527 17.63 1,410.59 36,675.21 18.51 1,481.10 38,508.57 19.44 1,555.20 40,435.12 20.41 1,632.92 42,455.94 21.43 1,714.61 44,579.86 Recreation Svcs Assistant II 50 8602 528 20.94 1,674.82 43,545.35 21.98 1,758.74 45,727.12 23.08 1,846.63 48,012.26 24.24 1,939.01 50,414.15 25.45 2,035.91 52,933.62 Recreation Svcs Assistant III 50 8603 529 24.06 1,925.17 50,054.50 25.27 2,021.38 52,555.75 26.53 2,122.46 55,183.94 27.86 2,228.57 57,942.81 29.25 2,340.04 60,840.95 Recreation Svcs Assistant IV 50 8604 530 28.23 2,258.74 58,727.20 29.65 2,371.66 61,663.09 31.13 2,490.24 64,746.27 32.68 2,614.77 67,983.98 34.32 2,745.49 71,382.63 Retired Annuitant - Extra Help 70 5107 747 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Retired Annuitant - Interim 70 5108 748 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Senior Accountant 80 2110 829 47.82 3,825.84 99,471.75 - - - - - - - - - 62.95 5,035.65 130,926.85 Senior Accounting Technician 50 6106 539 37.74 3,019.59 78,509.32 39.63 3,170.60 82,435.54 41.61 3,329.12 86,557.24 43.70 3,495.61 90,885.96 45.88 3,670.35 95,429.19 Senior Administrative Analyst 80 2112 834 52.82 4,225.77 109,869.97 - - - - - - - - - 69.53 5,562.61 144,627.88 Senior Building Inspector 50 3804 531 58.17 4,653.94 121,002.48 61.08 4,886.70 127,054.23 64.14 5,131.00 133,405.91 67.34 5,387.52 140,075.47 70.71 5,656.91 147,079.78 Senior Buyer 80 2129 856 50.76 4,060.88 105,582.75 - - - - - - - - - 61.80 4,943.98 128,543.50 Senior Executive Assistant 80 6123 855 45.50 3,639.93 94,638.21 - - - - - - - - - 59.89 4,790.99 124,565.77 Senior HR Analyst 80 2122 841 49.32 3,945.52 102,583.60 - - - - - - - - - 64.92 5,193.48 135,030.56 Senior Plan Check Engineer 50 3806 534 67.18 5,374.63 139,740.45 70.54 5,643.52 146,731.64 74.07 5,925.44 154,061.32 77.77 6,221.41 161,756.56 81.66 6,532.41 169,842.78 Senior Planner 80 2805 830 61.61 4,928.77 128,148.09 - - - - - - - - - 74.89 5,991.12 155,769.20 Senior Public Works Inspector 50 3203 535 58.17 4,653.97 121,003.29 61.08 4,886.70 127,054.23 64.14 5,131.01 133,406.18 67.34 5,387.52 140,075.47 70.71 5,656.91 147,079.78 Senior Public Works Lead 20 8609 225 53.22 4,257.61 110,697.81 55.88 4,470.49 116,232.70 58.68 4,694.02 122,044.49 61.61 4,928.70 128,146.32 64.69 5,175.28 134,557.18 Special Project Associate 70 5105 750 20.00 1,600.00 41,600.00 - - - - - - - - - 50.00 4,000.00 104,000.00 Special Project Associate 70 8605 750 20.00 1,600.00 41,600.00 - - - - - - - - - 50.00 4,000.00 104,000.00 Sr Code Enforcement Officer 50 5806 545 51.68 4,134.64 107,500.54 54.26 4,340.56 112,854.67 56.98 4,558.18 118,512.75 59.83 4,786.42 124,446.93 62.82 5,025.25 130,656.41 Sr. Public Services Assistant 50 5615 549 38.27 3,061.96 79,611.05 40.19 3,215.06 83,591.63 42.20 3,375.81 87,771.18 44.31 3,544.60 92,159.62 46.52 3,721.83 96,767.66 Sr. Special Projects Associate 70 5106 749 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Staff Assistant 70 5104 745 16.40 1,312.00 34,112.00 - - - - - - - - - 25.38 2,030.40 52,788.74 Student Intern 70 5103 740 16.40 1,312.00 34,112.00 - - - - - - - - - 25.38 2,030.40 52,790.40 Transportation & Traffic Mgr 60 1202 675 61.58 4,926.60 128,091.60 - - - - - - - - - 86.22 6,897.25 179,328.51 Video Media Specialist 80 2121 840 42.48 3,398.78 88,368.35 - - - - - - - - - 55.92 4,473.83 116,319.64 Water Meter Reader I 20 8104 216 31.46 2,359.17 61,338.52 33.03 2,477.20 64,407.24 34.68 2,601.07 67,627.80 36.41 2,731.06 71,007.44 38.24 2,867.64 74,558.73 Water Meter Reader I -40 20 8620 235 31.46 2,516.64 65,432.65 33.03 2,642.48 68,704.36 34.68 2,774.21 72,129.52 36.41 2,912.82 75,733.30 38.24 3,059.31 79,541.96 Water Meter Reader II 20 8105 217 34.60 2,595.16 67,474.08 36.33 2,724.88 70,846.76 38.15 2,861.11 74,388.95 40.06 3,004.18 78,108.69 42.06 3,154.42 82,014.82 Water Meter Reader II -40 20 8621 236 34.60 2,768.30 71,975.80 36.34 2,906.93 75,580.12 38.14 3,051.44 79,337.36 40.06 3,204.80 83,324.90 42.06 3,365.04 87,491.06 Water Systems Operator 20 7211 219 48.09 3,606.73 93,774.99 50.49 3,786.68 98,453.72 53.02 3,976.38 103,385.80 55.67 4,175.21 108,555.41 58.45 4,383.99 113,983.71 Water Systems Operator - 40 20 8622 237 48.09 3,847.26 100,028.66 50.49 4,039.25 105,020.45 53.01 4,241.13 110,269.33 55.67 4,453.72 115,796.72 58.45 4,676.20 121,581.20

455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035 -5479 GENERAL INFORMATION : 408 -586 -3000, www.ci.milpitas.ca.gov

6/21/2022
Agenda Item No. 31

ATTACHMENT RELATED TO
AGENDA ITEM 31

SUBMITTED AFTER AGENDA

PACKET DISTRIBUTION

PUBLIC CORRESPONDENCE

C ITY OF M ILPITAS

May 31, 2022

The Honorable Rich Tran, Mayor
Milpitas City Council
455 E. Calaveras Blvd.

Milpitas, CA 95035

Re: Flavored Tobacco Products

Dear Mayor Tran and Members of the Milpitas City Council:

The Campaign for Tobacco-Free Kids & the Tobacco-Free Kids Action Fund are pleased to submit this letter in support of your efforts in Milpitas to reduce tobacco use, particularly among youth. The Campaign for Tobacco-Free Kids is the nation’s largest non-profit, non-governmental advocacy organization solely devoted to reducing tobacco use and its deadly toll by advocating for public policies that prevent kids from using tobacco, and help smokers quit. It is encouraging to see cities and counties in California continue to take thoughtful, evidenced-based steps to reduce the number of kids who start using tobacco and help tobacco users quit.

While California has made great strides in reducing tobacco use, tobacco use remains the number one preventable cause of premature death and disease in the nation, killing 480,000 Americans annually.

As you discuss policy options, we stand with dozens of other national health organizations to urge you to end the sale of all flavored tobacco products including candy-flavored e-cigarettes, sweet- flavored cigarillos, and menthol cigarettes with no exemptions.

Prohibiting the sale of all flavored tobacco products in all tobacco retailers is a critical step that will help protect children living in Milpitas from the unrelenting efforts by the tobacco industry to hook them to a deadly addiction. Flavored tobacco products are designed to alter the taste and reduce the harshness of tobacco products so they are more appealing and easy for beginners, who are almost always kids. These products are pervasive and are marketed and sold in a variety of kid-friendly flavors. With their colorful packaging and sweet flavors, flavored tobacco products are often hard to

distinguish from the candy displays near which they are frequently placed in retail outlets. In California, nine out of ten high school tobacco users report using flavored products.1

Menthol Cigarettes Increase Smoking Among Youth
No other flavored product contributes more to the death and disease caused by tobacco use than menthol cigarettes. We applaud your decision not to exempt menthol cigarettes from your ordinance. Menthol delivers a pleasant minty taste and imparts a cooling and soothing sensation.

These characteristics successfully mask the harshness of tobacco, making it easier for beginner smokers and kids to tolerate smoking. The FDA’s Tobacco Product Scientific Advisory Committee (TPSAC) has reported that:

 Menthol cigarettes increase the number of children who experiment with cigarettes and the number of children
who become regular smokers, increasing overall youth
smoking.
 Young people who initiate using menthol cigarettes are more likely to become addicted and become long-term
daily smokers.
 The availability of menthol cigarettes reduces smoking cessation in some populations, especially among Black
Americans, and increases the overall prevalence of
smoking among Black Americans.
 Menthol cigarettes are marketed disproportionately to younger smokers and are disproportionately marketed
per capita to Black Americans.

After a thorough review of the evidence, TPSAC concluded that “Removal of menthol cigarettes from the marketplace would benefit public health in the United States.”2 A decade later—in April 2021—the FDA announced its intention to pursue rulemaking to prohibit menthol cigarettes and flavored cigars.

However, until any FDA action is finalized, states and cities should continue their growing efforts to end the sale of menthol cigarettes and other flavored tobacco products. It will take time for the FDA to finalize and implement the necessary regulations to prohibit menthol cigarettes and flavored cigars, and tobacco industry lawsuits could cause more delays. States and cities have an obligation to protect the health of their citizens and must act now to stop tobacco companies from targeting kids, Black Americans and other groups with menthol cigarettes and other flavored products. We can’t afford more delay in taking action to protect kids and save lives.

Flavored Tobacco Products Are Pervasive
A 2009 federal law, the Family Smoking Prevention and Tobacco Control Act, prohibited the sale of cigarettes with characterizing flavors other than menthol or tobacco, including candy and fruit flavors.

While overall cigarette sales have been declining since the 2009 law, the proportion of smokers using menthol cigarettes (the only remaining flavored cigarette) has been increasing.3 Menthol cigarettes comprised 37 percent of the market in 2019.4

The Tobacco Control Act’s prohibition on characterizing flavors did not apply to other tobacco products, and as a result, tobacco companies have significantly stepped up the introduction and marketing of flavored non-cigarette tobacco products. In fact, the overall market for flavored tobacco products is actually growing. In recent years, there has been an explosion of sweet-flavored tobacco products, especially e-cigarettes and cigars. These products are available in a wide assortment of flavors – like mango, blue razz, pink punch and mint for e-cigarettes and chocolate, watermelon, and cherry dynamite for cigars. Tobacco companies are making and marketing deadly and addictive products that look and taste like a new line of flavors from a Ben and Jerry’s ice cream store.

Flavors are not just a critical part of the product design, but are a key marketing ploy for the industry. The 2016 Surgeon General Report on e-cigarettes concluded, “E-cigarettes are marketed by promoting flavors and using a wide variety of media channels and approaches that have been used in the past for marketing conventional tobacco products to youth and young adults.”5 The 2019 National Youth Tobacco Survey found that 69.3% of middle and high school students—over 18.2 million youth—had been exposed to e-cigarette advertisements from at least one source.6
Sales of cigars (i.e., large cigars, cigarillos, and small cigars) have more than doubled between 2000 and 2019, and much of the growth is attributable to smaller types of cigars, many of which are flavored and inexpensive.7 The number of unique cigar flavor names more than doubled from 2008 to 2015, from 108 to 250.8 The top five most popular cigar brands among 12- to 17-year olds who have used cigars – Black & Mild, Swisher Sweets, White Owl, Backwoods, and Dutch Masters – all come in flavor varieties.9 These products are often sold singly or can be priced as low as 3 or 4 for 99 cents, making them even more appealing to price-sensitive youth. Note that cigar smoke is composed of the same toxic and carcinogenic constituents found in cigarette smoke.10

Although tobacco companies claim to be responding to adult tobacco users’ demand for variety, it’s clear that flavored tobacco products play a key role in enticing new users, particularly kids, to a lifetime of addiction. This growing market of flavored tobacco products is undermining progress in reducing youth tobacco use.

Flavored Tobacco Products Are Popular Among Youth
These sweet products have fueled the popularity of e-cigarettes and cigars among youth. A government study found that eight out of ten of kids who have ever used tobacco products started with a flavored product. 11 Across all tobacco products, the data is clear: flavored tobacco products are overwhelmingly used by youth as a starter product, and preference for flavors declines with age.

The 2020 National Youth Tobacco Survey shows that among high school students, e-cigarette use declined to 19.6% in 2020, after increasing by an alarming 135 percent from 2017 to 2019 (from 11.7% to 27.5%).12 While the significant decline in youth users since 2019 is a sign of progress, youth e- cigarette use remains a public health crisis. 3.6 million kids still use e-cigarettes – the same number as when the U.S. Surgeon General called youth e-cigarette use an “epidemic.”13 In California, 8.2% of high school students report using e-cigarettes. The California Student Tobacco Survey found that an increasing proportion of these youth are using flavored products (96.2% in 2019- 2020, up from 86.4% in 2017-2018). Among California high school e-cigarette users, the most commonly used flavor types are fruit (63.9%), mint or menthol (14.7%) and candy or sweet (13%).14 Almost all e-cigarettes contain nicotine, a highly addictive drug. Young people are especially vulnerable to nicotine addiction.15 The Surgeon General has concluded that, “The use of products containing nicotine in any form among youth, including in e-cigarettes, is unsafe.”16 The manufacturer of JUUL, a popular e-cigarette among youth, claims that each JUUL pod contains as much nicotine as a pack of twenty cigarettes. Since the introduction of Juul, many youth are now using products that effectively deliver massive doses of nicotine and it is clear that large numbers of teen e-cigarette users are struggling with nicotine addiction.

Youth e-cigarette users are also at risk of smoking cigarettes. A 2018 report from the National Academies of Science, Engineering & Medicine found that “There is substantial evidence that e- cigarette use increases risk of ever using combustible tobacco cigarettes among youth and young adults.”17 More recent research confirms this finding.18 Therefore, it is critical for any policy restricting sales of flavored tobacco products to include e-cigarettes.

In January 2020, the FDA restricted some flavors in cartridge-based e-cigarettes, but exempted all menthol-flavored e-cigarettes and left flavored e-liquids and disposable e-cigarettes widely available in every imaginable flavor. New data show that the market share of these products has grown substantially and that youth quickly migrated to the flavored products that were exempt from the FDA’s policy. Among high school e-cigarette users, use of disposable e-cigarettes increased by 1,000% from 2019 to 2020, and in 2020, 37% of high school users of flavored e-cigarettes reported using menthol products.19 E-cigarette market share data from California confirm these trends:
• From February 2020 to June 2021, disposable e-cigarette sales in California increased by 51.9%.

Disposable products are sleek, easily concealed, pre-charged, cheap (some for less than $5) and can even have higher nicotine concentrations than JUUL. They are widely sold in kid-friendly flavors like fruit and candy.
• From February 2020 to June 2021, menthol-flavored e-cigarette sales in California increased by

43.1% (from 226.4 thousand to 324.0 thousand units) and menthol-flavored cartridge sales increased by 44%.

While the FDA recently announced that it had denied marketing applications for certain flavored e- cigarettes, many of the flavored products most popular among kids, like Juul, are still on the market.

Every day these products remain on the market, our kids remain in jeopardy. Because of the delays and gaps in the FDA’s actions, it is critical that states and cities step up their efforts to eliminate ALL flavored e-cigarettes, as well as other flavored tobacco products. The evidence is also clear that as long as any flavored e-cigarettes – including menthol-flavored products – are on the market, kids will shift to them and we will not end this public health crisis. Milpitas must close the gaps left by the FDA and protect our kids from these dangerous and addictive products.

As the only flavored cigarette left on the market, it’s also no surprise that menthol cigarettes are popular among youth. Menthol cools and numbs the throat, reducing the harshness of cigarette smoke, thereby making menthol cigarettes more appealing to youth who are initiating smoking. About half of youth smokers use menthol cigarettes. 20 As noted previously, young people who initiate using menthol cigarettes are more likely to become addicted and become long-term daily smokers.21 Tobacco companies have a long history of targeting and marketing flavored tobacco products to Black Americas and youth. Tobacco industry marketing, often targeted at minority communities, has been instrumental in increasing the use of menthol products and in the disproportionate use of menthol products by minority groups and youth. TPSAC concluded that menthol cigarettes are marketed disproportionately to younger smokers and Black Americans.22 Dating back to the 1950s, the tobacco industry has targeted these communities with marketing for menthol cigarettes through sponsorship of community and music events, targeted magazine advertising, youthful imagery, and marketing in the retail environment. This targeting continues today: in 2018, California tobacco retailers in neighborhoods with the highest proportions of Black residents were more likely to advertise menthol cigarettes and charged an estimated 25 cents less for Newport cigarettes, compared with stores in neighborhoods with the lowest proportion of Black residents.23 Nationwide, as a result of this targeting, 85% of Black smokers smoke menthol cigarettes, compared to 29% of White smokers. 24 Menthol cigarettes are a major reason why Black Americans suffer disproportionately from tobacco use. The tobacco industry’s “investment” in the African American community has had a destructive impact. In 2013, the FDA released a report finding that menthol cigarettes lead to increased smoking initiation among youth and young adults, greater addiction, and decreased success in quitting smoking.25 Tobacco use is the number one cause of preventable death among Black Americans, claiming 45,000 Black lives every year. 26 Tobacco use is a major contributor to three of the leading causes of death among Black Americans - heart disease, cancer and stroke.27 The higher rates of some tobacco-caused diseases among Black Americans result, in part, from their greater use of menthol cigarettes, which are associated with reduced cessation.28 A study released just this month found that among the Black community, 157,000 smoking-related premature deaths and 1.5 million excess life- years between the years 1980 and 2018 can be attributed to menthol cigarettes.29 The scientific evidence leaves no doubt that menthol cigarettes and other flavored tobacco products increase the number of people, particularly kids, who try the product, become addicted and die a premature death as a result. Prohibiting the sale of menthol cigarettes and other flavored tobacco products is an important step toward protecting our children from the tobacco industry’s aggressive efforts to hook children to a deadly, addictive product.

This issue is about protecting our kids and vulnerable populations. By prohibiting the sale of all flavored tobacco products, Milpitas would join over seventy cities and counties in California that are already enacted comprehensive laws to end the sale of all flavored tobacco products. Thank you for considering a strong and comprehensive policy without exemptions. It will save lives.

Sincerely,

Lindsey Freitas, MPA
Regional Advocacy Director
Campaign for Tobacco-Free Kids
[email protected]

Appendix
A1: Examples of Flavored Tobacco Products

A2: Examples of Menthol Marketing
Source: TrinketsandTrash.org, CounterTobacco.Org

1 Zhu S-H, Braden K, Zhuang Y-L, Gamst A, Cole AG, Wolfson T, Li S. (2021). Results of the Statewide 2019-20 California Student Tobacco Survey. San Diego, California: Center for Research and Intervention in Tobacco Control (CRITC), University of California San Diego. 2 Tobacco Products Scientific Advisory Committee (TPSAC), Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations, July 21, 2011
http://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/TobaccoProductsScientificAdvisoryCommittee/UCM269697.pdf. 3 Villanti, A., et al., “Changes in the prevalence and correlates of menthol cigarette use in the USA, 2004–2014,” Tobacco Control, 25(Suppl 2):ii14-ii20, 2016.
4 U.S. Federal Trade Commission (FTC), Cigarette Report for 2019, 2021, https://www.ftc.gov/system/files/documents/reports/federal-trade-commission- cigarette-report-2019-smokeless-tobacco-report-2019/cigarette_report_for_2019.pdf [data for top 5 manufacturers only]. 5 HHS, E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016. 6 Wang, TW, et al., “Tobacco Product Use and Associated Factors Among Middle and High School Students—United States, 2019,” MMWR, 68(12):

December 6, 2019, https://www.cdc.gov/mmwr/volumes/68/ss/pdfs/ss6812a1-H.pdf. 7 U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB), Tobacco Statistics. 8 Delnevo, CD, et al., “Changes in the mass-merchandise cigar market since the Tobacco Control Act,” Tobacco Regulatory Science, 3(2 Suppl 1): S8- S16, 2017.
9 SAMHSA's public online data analysis system (PDAS). National Survey on Drug Use and Health, 2015, https://pdas.samhsa.gov/#/survey/NSDUH-2015- DS0001/crosstab/?row=CGR30BR2&column=CATAG2&weight=ANALWT_C&results_received=true. 10 National Cancer Institute (NCI), Cigars: Health Effects and Trends. Smoking and Tobacco Control Monograph No. 9, 1998, http://cancercontrol.cancer.gov/Brp/tcrb/monographs/9/m9_complete.pdf. Chang, CM, et al., “Systematic review of cigar smoking and all cause and smoking related mortality,” BMC Public Health, 2015.
11 Ambrose, BK, et al., “Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 2013-2014,” Journal of the American Medical Association, published online October 26, 2015.
12 Wang, TW, et al., “E-cigarette Use Among Middle and High School Students – United States, 2020,” MMWR, Volume 69, September 9, 2020, https://www.cdc.gov/mmwr/volumes/69/wr/pdfs/mm6937e1-H.pdf. 13 Office of the Surgeon General, “Surgeon General’s Advisory on E-Cigarette Use Among Youth,” December 18, 2018, https://e- cigarettes.surgeongeneral.gov/documents/surgeon-generals-advisory-on-e-cigarette-use-among-youth-2018.pdf. 14 Zhu S-H, Braden K, Zhuang Y-L, Gamst A, Cole AG, Wolfson T, Li S. (2021). Results of the Statewide 2019-20 California Student Tobacco Survey. San Diego, California: Center for Research and Intervention in Tobacco Control (CRITC), University of California San Diego. 15 HHS, E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. 16 HHS, E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. 17 National Academies of Sciences, Engineering, and Medicine (NASEM), Public Health Consequences of E-Cigarettes, 2018, http://nationalacademies.org/hmd/Reports/2018/public-health-consequences-of-e-cigarettes.aspx. 18 Berry, KM, et al., “Association of Electronic Cigarette Use with Subsequent Initiation of Tobacco Cigarettes in US Youths,” JAMA Network Open, 2(2), published online February 1, 2019; Pierce, JP, et al., “Use of E-Cigarettes and Other Tobacco Products and Progression to Daily Cigarette Smoking,” Pediatrics, 147(2), published online January 11, 2021.
19 Wang, TW, et al., “E-cigarette Use Among Middle and High School Students – United States, 2020,” MMWR, Volume 69, September 9, 2020, https://www.cdc.gov/mmwr/volumes/69/wr/pdfs/mm6937e1-H.pdf. 20 Wang, TW, et al., “Tobacco Product Use and Associated Factors Among Middle and High School Students—United States, 2019,” MMWR 68(12), December 6, 2019, https://www.cdc.gov/mmwr/volumes/68/ss/pdfs/ss6812a1-H.pdf. 21 TPSAC, Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations, July 21, 2011. 22 TPSAC, Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations, July 21, 2011. 23 Henriksen, L, et al., “Menthol cigarettes in black neighbourhoods: still cheaper after all these years,” Tobacco Control, published online August 12, 2021. 24 Delnevo, CD, et al., “Banning Menthol Cigarettes: A Social Justice Issue Long Overdue,” Nicotine & Tobacco Research, 22(10): 1673-1675, 2020. 25 FDA, Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol versus Nonmenthol Cigarettes, 2013. 26American Cancer Society, “Cancer Facts & Figures for African Americans, 2016-2018,” 2016, http://www.cancer.org/acs/groups/content/@editorial/documents/document/acspc-047403.pdf;. American Heart Association, “African Americans and Cardiovascular Diseases: Statistical Fact Sheet, 2012 Update,” http://www.heart.org/idc/groups/heart- public/@wcm/@sop/@smd/documents/downloadable/ucm_319568.pdf. HHS, “Tobacco Use Among US Racial/Ethnic Minority Groups—African Americans, American Indians and Alaskan Natives, Asian Americans and Pacific Islanders, and Hispanics: A Report of the Surgeon General,” 1998, http://www.cdc.gov/tobacco/data_statistics/sgr/1998/complete_report/pdfs/complete_report.pdf 27 HHS, “Tobacco Use Among US Racial/Ethnic Minority Groups—African Americans, American Indians and Alaskan Natives, Asian Americans and Pacific Islanders, and Hispanics: A Report of the Surgeon General,” 1998; CDC, National Vital Statistics Report, Vol. 68, No. 9. Table 10, 2019 https://www.cdc.gov/nchs/data/nvsr/nvsr68/nvsr68_09-508.pdf. 28 HHS, “Tobacco Use Among US Racial/Ethnic Minority Groups—African Americans, American Indians and Alaskan Natives, Asian Americans and Pacific Islanders, and Hispanics: A Report of the Surgeon General,” 1998; HHS, Reducing the Health Consequences of Smoking: 25 Years of Progress: A Report of the Surgeon General, 2014. See also Alexander, LA, et al., “Why we must continue to investigate menthol’s role in the African American smoking paradox,” Nicotine & Tobacco Research, 18(S1): S91-S101, 2016. 29 Mendez, D and Lee, TT, “Consequences of a match made in hell: the harm caused by menthol smoking to the African American population over 1980- 2018,” Tobacco Control, published online September 16, 2021.

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

June 21, 2022 Milpitas City Council Agenda Page 1

AG E N D A
TUESDAY, JUNE 21, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 7:00 PM (PUBLIC BUSINESS)

For assistance in the following languages, you may call:

Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.

You may watch the Council meeting without providing public comment by accessing it via links here.

Meeting shall be livestreamed - Go to:

Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.ci.milpitas.ca.gov/youtube
Web Streaming: https://www.ci.milpitas.ca.gov/webstreaming

PUBLIC COMMENT INSTRUCTIONS
Oral public comments may be provided live during the City Council meeting in person or by registering for the zoom meeting in advance. To register you will need to provide an email address (not disclosed) and a name. To minimize technical difficulties, please make sure that you have the latest version of the Zoom Application. Below is the link to register for this meeting only:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_glCJvLOGTHmzXxnwToka-Q After you register a link will be sent to you to join the City Council meeting in order to give your comments.

All registered meeting attendees who wish to speak must click on the “raise hand” icon when the Mayor calls for public comments. If participating by calling in on your phone, dial *9 to use the “raise hand” feature, and when you are called upon, hit *6 to unmute your phone. Your phone number will be displayed in the live meeting. The Mayor will call the speakers to begin.

All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items.

MILPITAS CITY COUNCIL CODE OF CONDUCT
 Be respectful and courteous (words, tone, and body language).  Model civility.
 Avoid surprises.
 Praise publicly and criticize privately.
 Focus on the issue, not the person.
 Refrain from using electronic devices 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.  Respect the line between policy and administration.
 Council will hold one another accountable to comply with this Code of Conduct.

1 June 21, 2022 Milpitas City Council Agenda Page 2

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (7:00 PM)

PLEDGE OF ALLEGIANCE
INVOCATION (Vice Mayor Montano)
PRESENTATIONS (7:05 PM)
 Commendation to Retiring Deputy Fire Chief Albert Zamora  Commendation of Appreciation for Businesses Supporting the Community  Russell Girls Volleyball Team Recognition
PUBLIC FORUM (7:10 PM)
Those in the audience and via Zoom are invited to address City Council on any subject not on tonight’s agenda. In-person speakers wishing to address the Council are requested, but not required to complete a Speaker Card and submit it to the Mayor. In-person speakers will then be asked to come up to the podium and state their name for the record. Those interested in speaking via Zoom may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.

NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (7:15 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items at this time. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as to whether to direct the City Manager to place the item on a future meeting agenda. If a majority of the City Council agrees to place an item on a future meeting agenda, the City Manager shall place the item on a future agenda for City Council discussion.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA
CONSENT CALENDAR (7:25 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

C1. Receive the City Council Calendar of Meetings for June and July 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Receive the City Council Calendar of Meetings for June and July 2022.

C2. Approve the Regular and Special Meeting Minutes of June 7, 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Approve the Regular and Special Meeting Minutes of June 7, 2022.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
2 June 21, 2022 Milpitas City Council Agenda Page 3

Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.

C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Contact:

Mayor and City Councilmembers, 408-586-3000)
Recommendation: Review the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.

C5. Authorize the City Manager to Accept CalRecycle Grant of $107,661 and Approve Related Budget Amendment (Elaine Marshall, Deputy Public Works Director, 408-586-2603) Recommendation: Authorize the City Manager to accept grant funding from CalRecycle’s One-Time Senate Bill 1383 Local Assistance Grant and approve related budget amendment for revenues in the amount of $107,661 for the Solid Waste Fund (Fund 280) for FY 2021-22.

C6. Approve and Authorize the City Manager to Execute a Stormwater Management Facilities Operation and Maintenance Agreement for Milpitas Town Center 2008 LP for the Chick-fil-A project at 755 East Calaveras Boulevard. (Staff Contact: Steve Erickson, 408-586-3301) Recommendation: Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement for Milpitas Town Center 2008 LP for the Chick-fil-A project at 755 East Calaveras Boulevard.

C7. Authorize City Manager to Enter into a Memorandum of Understanding with the MUSD for Expansion of After the Bell for the Extended Learning Opportunities Program (Staff Contact:

Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Recommendation: Authorize City Manager to enter into a Memorandum of Understanding with the MUSD for expansion of After the Bell for the Extended Learning Opportunities Program.

C8. Approve the Accounts Receivable Write-offs for the Fiscal Year Ending June 30, 2022 (Lauren Lai, Finance Director, 408-586-3111)
Recommendation: Approve the Accounts Receivable write-offs in the amount of $71,246 for the fiscal year ending June 30, 2022.

C9. Approve and Authorize the City Manager to Execute the Agreement for a One-Year Renewal with Brown & Brown for Excess Workers’ Compensation Insurance Coverage for a total agreement amount of $302,134 (Staff Contact: Jeannine Seher, Human Resources Director, 408-586-3086) Recommendation: Approve and Authorize the City Manager to Execute the Agreement for a One-Year Renewal with Brown & Brown for Excess Workers’ Compensation Insurance Coverage in the amount of $302,134
C10. Approve and Authorize the City Manager to Enter into a Side Letter to Amend the Memorandum of Understanding between the City and LIUNA/UPEC Local 792, representing the Milpitas Employees Association (MEA) Unit, Mid-Management-Confidential Unit (Mid-Con), and the Professional and Technical Unit (ProTech) and to Approve and Authorize the City Manager to Enter into three Master Professional Services Agreements for On-Call Temporary Staffing Services (Staff Contact: Jeannine Seher, Human Resources Director, 408-586-3086) Recommendation: Approve and authorize the City Manager to enter into a Side Letter to amend the Memorandum of Understanding between the City and LIUNA/UPEC Local 792, representing the 3 June 21, 2022 Milpitas City Council Agenda Page 4

Milpitas Employees Association (MEA) Unit, Mid-Management-Confidential Unit (Mid-Con), and the Professional and Technical Unit (ProTech) and to approve and authorize the City Manager to enter into three Master Professional Services Agreements for On-Call Temporary Staffing Services, with a Not to Exceed annual amount of $500,000 for each agreement.

C11. Receive an Update on the Emergency Replacement of Two (2) Boilers and Install of a Temporary Heating System for the Public Works, Information Technology, and Police Department Building and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)
Recommendation: Receive an update on the emergency replacement of two boilers and the installation of a temporary heating system for the Public Works, Police and Information Technology Department buildings; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.

C12. Amended and Restated Weed Abatement Agreement Between City of Milpitas and the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program (Staff Contact: Arthur Belton / Albert Zamora, Deputy Fire Chief / Fire Marshal, 408-586-3378 / 3371) Recommendation: Approve and authorize the City Manager to execute and sign the Amended and Restated Weed Abatement Agreement Between City of Milpitas and the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program.

C13. Approve Delegation of Authority to the City Manager or Designee to Approve and Execute Project Related Documents and Urgent Administrative Items During the City Council Summer Recess, from the Last City Council Meeting Held in June through August 9, 2022 (Staff Contact:

Ashwini Kantak, Assistant City Manager, 408-586-3053)
Recommendation: Approve delegation of authority to the City Manager, or his designee, to approve and execute project related documents, including contract documents, and urgent administrative items during the City Council summer recess from the last City Council meeting held in June through August 9, 2022.

C14. Receive the Monthly Report for Unhoused Services (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260)
Recommendation: Receive the March 2022 report for unhoused services.

C15. Adopt a Resolution Accepting and Authorizing the City Manager to Execute the 5- Year Agreement Between Hiderliter De Llamas and Associates (HdL) and the City of Milpitas, and Approving and Authorizing a Sole Source Purchase for the Procurement of HdL Prime Business License Software with Web Module Services for a 5-Year Total Cost of Approximately $123,700. (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Recommendation: Adopt a resolution accepting and authorizing the City Manager to execute the 5- Year Agreement Between Hiderliter De Llamas and Associates (HdL) and the City of Milpitas, and Approving and Authorizing a Sole Source Purchase for the Procurement of HdL Prime Business License Software with Web Module Services for a 5-Year Total Cost of Approximately $123,700.

C16. Waive the Second Reading and Adopt Ordinance No. 38.845 Amending Sections of Chapter 10 of Title XI and Sections of Chapter 100 of Title V of the Milpitas Municipal Code Relating to Mobile Food Vending (Food Trucks) (Staff Contact: Ned Thomas, Planning Director, 408-586- 3273)
4 June 21, 2022 Milpitas City Council Agenda Page 5

Recommendation: Move to waive the second reading and adopt Ordinance No. 38.845 amending sections of Chapter 10 of Title XI and Section of Chapter 100 of Title V of the Milpitas Municipal Code relating to mobile food vending (Food Trucks).

C17. Second Reading of Ordinance No. 312 of the City Council of the City of Milpitas Adding Section

3.5 (“Regulation of Lobbying Activities”) to Chapter 310 (“Open Government Ordinance”), of Title I (“Administration”) of the Milpitas Municipal Code (The “Code”) and Modifying Section I- 310-3.160 of the Code (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) Recommendation: Move to waive the second reading and adopt Ordinance No. 312 adding Section 3.5 (“Regulation of Lobbying Activities”) to Chapter 310 (“Open Government Ordinance”), of Title I (“Administration”) of the Milpitas Municipal Code (the “Code”) and Modifying Section I-310-3.160 of the Code).

C18. Adopt a Resolution to Supersede Resolution 9145 to Add the Commemoration of India Independence Day as a Flag-raising Event at Cesar Chavez Plaza (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Recommendation: Adopt a Resolution to Supersede Resolution 9145 to Add the Commemoration of India Independence Day as a Flag-raising Event at Cesar Chavez Plaza C19. Accept Water and Wastewater Arrearage Grants from the Water State Board, Authorize a Subsidy for Residential Accounts with an Outstanding Balance of 85 days and Over and Approve a Budget Appropriation of $248,048 for Grants and $80,000 for Residential Utility Account Subsidy (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Recommendation: (1) Accept Water and Wastewater Arrearage Grants from the Water State Board; (2) Authorize a subsidy for residential accounts with an outstanding balance of 85 days and over; and (3) Approve a budget appropriation of $248,048 for grants and $80,000 for residential utility account subsidy
C20. Consider Recommendations from Mayor Tran for Appointments to City Commissions (Contact:

Mayor Tran, 408- 586-3029)

Recommendation: Receive Mayor Tran’s recommendation and approve the appointment to Economic Development and Trade Commission.

C21. Approve the City Council Policy for Naming Streets, Parks and Facilities (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Recommendation: Approve the City Council Policy for Naming Streets, Parks and Facilities.

C22. Reconfirm Findings and Determinations Under Resolution No. 9165 and Assembly Bill 361 for the Continuation of Virtual Meetings of the City Council and Legislative Bodies (Staff Contact:

Michael Mutalipassi, City Attorney, 408-586-3040)
Recommendation: Move to reconfirm findings and determinations under Resolution No. 9165 and Assembly Bill 361 for the continuation of virtual meetings of the City Council and Legislative Bodies.

C23. Authorize the City Manager to Reject All Proposals for RFP No. 22-058 for Abandoned Shopping Cart Retrieval Services (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408- 586-3260; and Chris Schroeder, Purchasing Agent, 408-586-3161) 5 June 21, 2022 Milpitas City Council Agenda Page 6

Recommendation: Authorize the City Manager to Reject All Proposals for RFP No. 22-058 for Abandoned Shopping Cart Retrieval Services.

C24. Approve and Authorize the City Manager to Execute Amendment No. 4 to the Shopping Cart Retrieval Services Contract with Alice Wright (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260; and Chris Schroeder, Purchasing Agent, 408-586-3161) Recommendation: Approve and authorize the City Manager to execute Amendment No. 4 to the Shopping Cart Retrieval Services Contract with Alice Wright, adding a one-year extension to the five- year contract, for a total of six years and increasing the total not-to-exceed amount by $34,920.00 from $111,384.62 to $146,304.62.

C25. Adopt a Resolution to Amend Resolution No. 1626 the City of Milpitas’ Classification Plan to Approve and Adopt the Classification Specifications and Pay Schedules for the Legal Assistant, Assistant City Attorney, Deputy City Attorney and Deputy Director of Information Technology (Staff Contact: Jeannine Seher, Human Resources Director, 408-586-3086) Recommendation: Adopt a resolution to Amend Resolution No. 1626 the City of Milpitas’ Classification Plan to approve and adopt the Classification Specifications and Pay Schedules for the Legal Assistant, Assistant City Attorney, Deputy City Attorney and Deputy Director of Information Technology.

C26. Adopt a Resolution Approving Rental Rates for Public Spaces in City Hall (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Recommendation: Adopt a resolution approving rental rates to be added to the Master Fee Schedule for the City Hall Rotunda and the City Hall City Council Chambers.

C27. Approve and Authorize the City Manager to Execute Amendment No. 2 with Avolve Software for the Maintenance Contract Extension for ProjectDox (Staff Contact: Daniel Nam, IT Director, 408- 586-2712; and Chris Schroeder, Purchasing Agent, 408-586-3161) Recommendation: Approve and authorize the City Manager to Execute Amendment No. 2 with Avolve Software to extend the maintenance agreement for one (1) additional year and increase the existing contract amount of $369,731.07 by $29,906.55 for a total contract amount of $399,237.62 C28. Approve the Donation and Fee Waiver/Reduction City Council Policy (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Recommendation: Approve the Donation and Fee Waiver/Reduction City Council Policy.

PUBLIC HEARINGS (7:30 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

29. Conduct a Public Hearing and Adopt a Resolution Confirming the Assessment and Ordering the Levy for the Landscaping and Lighting Maintenance Assessment District No. 98-1, Sinclair Horizon for Fiscal Year 2022-23 (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301)
Recommendation: Open the public hearing, receive any comments, and move to close the hearing following any testimony, and adopt a resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 98-1, Sinclair Horizon for Fiscal Year 2022-23.
6 June 21, 2022 Milpitas City Council Agenda Page 7

30. Conduct a Public Hearing and Adopt a Resolution Confirming the Assessment and Ordering the Levy for the Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch for Fiscal Year 2022-23 (Staff Contact Steve Erickson, Engineering Director, 408-586- 3301)
Recommendation: Open the public hearing, receive any comments, and move to close the hearing following any testimony, and Adopt a Resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch for Fiscal Year 2022-23.

COMMUNITY DEVELOPMENT (8:00 PM)

31. Receive a Follow-up Presentation from Staff and provide Direction on Policy Options and Cost Estimates to Establish a Local Tobacco Retail Permitting (TRP) Program and to Regulate Tobacco Retail Locations and the Sale of Flavored Tobacco and Electronic Cigarette Products in Milpitas (Staff Contacts: Ned Thomas, Planning Director, 408-586-3273; Jay Lee, Principal Planner, 408-586-3077)
Recommendation: (1) Receive a presentation from staff; and (2) Provide feedback and direction on policy options and cost estimates to establish a local tobacco retail permitting program and to regulate Tobacco Retail Locations and the Sale of flavored tobacco and electronic cigarette products in Milpitas.

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE (9:00 PM)

32. Authorize City Manager to Execute the Fourth Amendment to the Franchise Agreement with MSI for the purpose of Assignment of Contract and Modify Certain Service Provisions (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)

Recommendation: Authorize City Manager to Execute the Fourth Amendment to the Franchise Agreement with MSI for the purpose of Assignment of Contract and modify certain service provisions.

LEADERSHIP AND SUPPORT SERVICES (10:00 PM)

33. Rescind Resolution No. 9171 and Approve a Resolution Submitting to the Qualified Voters of the City of Milpitas a Measure Amending Chapter 400 (Mayoral and Councilmanic Term Limits) of Title 1 (Administration) of the Milpitas Municipal Code to Amend Term Limits on Mayoral and City Council Member Service, at a General Municipal Election to be Consolidated with the Statewide General Election to be Held November 8, 2022, and Setting Rules for Arguments and Rebuttals for and Against Said Measure(Staff Contact: Michael Mutalipassi, City Attorney, 408- 586-3040)
Recommendation: (1) Motion to rescind Resolution No. 9171. (2) Determine whether the Council wishes to print the text of the ballot measure at a cost of $8,482 per page. (3) Motion to approve a Resolution Submitting to the Qualified Voters of the City of Milpitas a Measure Amending Chapter 400 (Mayoral and Councilmanic Term Limits) of Title 1 (Administration) of the Milpitas Municipal Code to Amend Term Limits on Mayoral and City Council Member Service, at a General Municipal Election to be Consolidated with the Statewide General Election to be Held November 8, 2022, and Setting Rules for Arguments and Rebuttals for and Against Said Measure.

ADJOURNMENT (10:30 PM)

KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
7 June 21, 2022 Milpitas City Council Agenda Page 8

Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that delib erations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040

The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.ci.milpitas.ca.gov by selecting the Milpitas Municipal Code link.

Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.ci.milpitas.ca.gov/government/council/agenda_minutes.asp (select meeting date)

APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.ci.milpitas.ca.gov or at Milpitas City Hall.

Contact the City Clerk’s Office at 408-586-3001 for more information.

If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
8 Updated 6/15/22
Milpitas City Council Calendar
June 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM)
5:30 PM-Veterans Commission
(RT)
7:00 PM-Community Advisory
Commission (EC)
2 5:30 PM-Milpitas Chamber of
Commerce Board (EC)
5:30 PM-Santa Clara VTA Board
of Directors (CM)
3 4
United States Conference of Mayors, Reno Nevada
(RT/CM)
5 United States
Conference
of Mayors,
Reno Nevada
(RT/CM)
6 5:00 PM-Parks, Recreation &
Cultural Resources Commission
(Park Tour: Augustine Park) (CM)
7 5:30 PM-Closed Session (Special
City Council to follow)
7:00 PM-City Council
8 12:00 PM-Mayors and Council
Members Roundtable (Virtual)
7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
7:00 PM-Planning Commission
9 4:00 PM-Treatment Plant
Advisory Committee (CM)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
6:00 PM-Cities Association
General Membership Meeting
7:00 PM-Youth Advisory
Commission (EC)
10 *4:30 PM-City Council Finance
Subcommittee (RT/CM)
8:30 PM-Movie Night Out –
Ghostbusters Afterlife [Starlite
Park]
11 12 13
4:30 PM-Economic Development
and Trade Commission (KD)
14 4:00 PM-Milpitas HOPE Suicide
Prevention Task Force
5:30 PM-Special City Council
15 6:00 PM-Energy and
Environmental Sustainability
Commission (EC)
16 5:30 PM-Measure F Oversight
Committee
6:30 PM-Bay Area Water Supply
& Conservation Agency (CM)
17 9:00 AM-VTA Board of Directors
Meeting (CM)
6:30 PM-Summer Concert
Series – Good Time Collective
[Murphy Park]
18 3:00 PM-
Milpitas
Family
Campout
(Higuera
Adobe)
19 20
7:00 PM-Science, Technology,
and Innovation Commission (RT)
21 7:00 PM-City Council
22 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (AP)
7:00 PM-Planning Commission
23 12:00 PM-SCC Library JPA
Board of Directors (EC)
5:30 PM-Commissioners’
recognition and State of the City
Address (Veterans Plaza)
24 8:30 PM-Movie Night Out –
Luca (Sunnyhills Augustine Park)
25 26 27
7:00 PM-Special Arts
Commission (RT)
28 1:30 PM-Senior Advisory
Commission (EC)
29 6:00 PM-Community Workshop:

Gateway-Main St. Specific Plan
30 *Finance Subcommittee will only meet as needed
May 2022

S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
July 2022

S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 9
Item # C1.

Updated 6/15/22
Milpitas City Council Calendar
July 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2
3 4

INDEPENDENCE DAY
City Hall Closed
5 6
2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM)
7 5:30 PM-Santa Clara VTA Board
of Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (EC)
8 9
10 11 12 13
7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
14 4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
4:00 PM-Treatment Plant
Advisory Committee (CM)
7:00 PM-Cities Assoc of SCC
(CM)
15 *4:30 PM-City Council Finance
Subcommittee (RT/CM)
16 17 18 19 20 21
6:30 PM-Bay Area Water Supply
Conserv Agency (CM)
22 23
24 25 26 27 28
4:00 PM-Silicon Valley Regional
Interoperability Authority
(SVRIA) (KD)
29 30
31 *Finance Subcommittee will meet only as needed
June 2022

S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
August 2022

S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
10 Item # C1.

JOINT MEETING OF THE MILPITAS

CITY COUNCIL AND MILPITAS

HOUSING AUTHORITY

June 07, 2022 Milpitas City Council Agenda Page 1

AG E N D A
TUESDAY, JUNE 7, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 7:00 PM (PUBLIC BUSINESS)

The City Council of the City of Milpitas convened on the regular City Council meeting day of June 7, 2022, in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Tran called the regular City Council meeting to order at 7:10 PM. Roll call was taken by City Clerk Wood.

PRESENT: Mayor Tran, Vice Mayor Montano, Councilmembers Chua, and Phan ABSENT: None

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.

INVOCATION
The Invocation was led by Vice Mayor Montano.

PRESENTATIONS
Mayor Tran proclaimed July as Parks and Recreation Month in the City of Milpitas.

PUBLIC FORUM
Those in the audience and via Zoom are invited to address City Council on any subject not on tonight’s agenda. In-person speakers wishing to address the Council are requested, but not required to complete a Speaker Card and submit it to the Mayor. In-person speakers will then be asked to come up to the podium and state their name for the record. Those interested in speaking via Zoom may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.

The following people spoke under Public Forum:

1. Voltaire Montemayor

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items at this time. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as to whether to direct the City Manager to place the item on a future meeting agenda. If a majority of the City Council agrees to place an item on a future meeting agenda, the City Manager shall place the item on a future agenda for City Council discussion. 11 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 2

Mayor Tran thanked staff for their work on the Memorial Day event and stated that he attended the United States Conference of Mayors in Reno over the weekend. He made the following requests:

1. Propose a Vision Zero Action Plan to address vehicle and pedestrian conflicts.

2. Agendize a letter to the VTA opposing the Berman Bill for the next regular meeting.

3. Agendize a fee waiver for the Eagle Scout ceremony.

4. Agendize consultant funding for a Sunny Hills Historical Designation after the July recess.

Councilmember Chua attended the Chariot Festival event, spoke about the upcoming June 11 Senior Center Summer BBQ event, shared two short videos for the events, and made the following request:

1. Receive quarterly or monthly statistics on the Home Key project.

Mayor Tran followed up on Councilmember Chua’s request and asked that the Home Key project information come back as a presentation at the second meeting in August. He would like the Police Department to present the crime statistics from when Home Key opened through the second meeting in August.

Councilmember Dominguez made the following requests:

1. Staff to provide and explain the management manual for Project Home Key, have staff check to see if the MOU is being followed, including the formation of a community oversight committee, and explore having a conversation with the County to have check-ins of the tenant units. By a show of hands, there was a majority in favor of this item.

2. Agendize and direct staff to work on a new way for the City of Milpitas to allocate the money designated for Council health insurance. Explore allocating the funds for Councilmember health insurance into a general office fund for each Councilmember and allow that Councilmember to use the money to fund City programs, resources, or support non-profit organizations that serve Milpitas residents, beginning December 2022. By a show of hands, there was not a majority in favor of this item.

Vice Mayor Montano announced that she attended Rancho Middle School and Cal Hills High School graduations, attended the United States Conference of Mayors in Reno, and commented on a youth skateboarder that passed away recently. She made the following requests:

1. Have a memorial plaque or bench in honor of the youth skateboarder. By a show of hands, there was a majority in favor of this item.

2. Establish a SPAR (Strategic Property Acquisition Reserve) fund modeled after the City of Mountain View to set aside money to purchase real estate. By a show of hands, there was a majority in favor of this item.

ANNOUNCEMENT OF CONFLICT OF INTEREST
City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.

READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Tran read aloud the City Council Code of Conduct.

APPROVAL OF AGENDA
Motion: to approve the June 7, 2022, regular meeting agenda.

Motion/Second: Mayor Tran / Vice Mayor Montano
12 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 3

Motion carried by the following:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None

CONSENT CALENDAR
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

Mayor Tran asked to pull item C13 and asked that it be heard after the public hearing.

Vice Mayor Montano asked to pull item C14.

Motion: to approve the Consent Calendar removing items C13 and C14 and including the revised agreement for item C8.

Motion/Second: Mayor Tran / Vice Mayor Montano
Motion carried by the following:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
C1. Receive the City Council Calendar of Meetings for June 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Received the City Council Calendar of Meetings for June 2022.

C2. Approve the Regular Meeting Minutes of May 17, 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Approved the Regular Meeting Minutes of May 17, 2022.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.

C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Contact:

Mayor and City Councilmembers, 408-586-3000)
Reviewed the list of items that have been requested by City Councilmembers.

C5. Adopt a Resolution Calling for the General Municipal Election on November 8, 2022, and Requesting Consolidation of the Election in Accordance with California Elections Code Section 10418, and requesting services from the Santa Clara County Registrar of Voters (Staff Contact:

Wendy Wood, City Clerk, 408-586-3001)
Adopted Resolution No. 9161 calling a General Municipal Election for the City of Milpitas on Tuesday, November 8, 2022, requesting consolidation of the election in accordance with California Elections Code Section 10418, and requesting services from the Santa Clara County Registrar of Voters. 13 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 4

C6. Adopt a Resolution to Approve Project Plans & Specifications and Award the Construction Contract to Marina Landscape, Inc., for McCandless Park Sports Field, Project No. 5102 (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301) Adopted Resolution No. 9162 to approve project plans & specifications; award the construction contract to the lowest responsible bidder submitting a responsive bid, Marina Landscape, Inc., in the amount of $594,000; authorize the City Manager to execute the construction contract with Marina Landscape, Inc; and authorize the Engineering Director/City Engineer to negotiate and execute contract change order(s) in an aggregate amount not to exceed $148,500 for McCandless Park Sports Field, Project No. 5102.

C7. Adopt a Resolution to Summarily Vacate an Existing Water Line Easement at 1750 McCandless Drive (Staff Contract: Steve Erickson, Engineering Director/City Engineer, 408-586-3301) Adopted Resolution No. 9163 to summarily vacate an existing water line easement at 1750 McCandless Drive
C8. Adopt a Resolution Approving the Sole Source Purchase of Body Worn Cameras, Associated Equipment, Conducted Energy Devices, and Cloud-Based Storage Subscription; and Approve the Master Services and Purchasing Agreement with Axon to Provide Body Worn Cameras, Associated Equipment, and Cloud-Based Storage Subscription in an Amount Not-to-Exceed $182,635.80 for the FY22-23 Year, with a Total Not-to-Exceed Amount of $913,178.60 Over the Five-Year Term (Staff Contact: John Torrez, Assistant Police Chief, 408-586-2408) Adopted Resolution No. 9164 approving the sole source purchase of body-worn cameras, associated equipment, conducted energy devices, and cloud-based storage subscription; and approved the Master Services and Purchasing Agreement with Axon to provide body worn cameras, associated equipment, and cloud-based storage subscription in an amount not-to-exceed $182,635.80 for the FY22-23 year, with a total not-to-exceed amount of $913,178.60 over the five-year term.

C9. Approve and Authorize the City Manager to Execute a Professional Services Agreement with Silicon Valley Independent Living Center for the Management of the Santa Clara County Emergency Food and Shelter Program (EFSP) Grant for the Rent Relief Program and Utility Assistance (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260) Approved and authorized the City Manager to execute a Professional Services Agreement with Silicon Valley Independent Living Center for the management of the Santa Clara County Emergency Food and Shelter Program (EFSP) grant for the Rent Relief Program and utility assistance.

C10. Adopt a Resolution Making Findings and Determinations Under Resolution No. 9156 and Assembly Bill 361 for the Continuation of Virtual Meetings of the City Council and Legislative Bodies (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) Adopted Resolution No. 9165 making findings and determinations under Resolution No. 9156 and Assembly Bill 361 for the continuation of virtual meetings and legislative bodies.

C11. Designate the California Live Oak as the Official City Tree (Staff Contact: Renee Lorentzen, Director of Community and Recreation Services, 408-586-3409) Approved the designation of the California Live Oak as the City Tree.

C12. Receive an Update on the Emergency Replacement of Two (2) Boilers and Install of a Temporary Heating System for the Public Works, Information Technology, and Police Department Building 14 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 5

and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)
Received an update on the emergency replacement of two boilers and the installation of a temporary heating system for the Public Works, Police, and Information Technology Department buildings; and (2) Determined by a unanimous vote that the condition continues to constitute an emergency.

C13. Award RFP No. 22-058 and Authorize the City Manager to Execute an Agreement for Abandoned Shopping Cart Retrieval Services with CityWide Cart Savers, LLC. for the Not-To-Exceed Amount of $112,500 for Fiscal Years 2022-2027 (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260, and Chris Schroeder, Purchasing Agent, 408-586-3161) Item removed from Consent
C14. Approve and Authorize the City Manager to Execute Amendment No. 2 to the Animal Services Agreement with the City of San Jose (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260; Jason Earl Administrative Analyst II, 408-586-3294; and Chris Schroeder, Purchasing Agent, 408-586-3161)
Item removed from consent.

C15. Approve the Five-Year Cooperative Purchase Agreement with Waxie’s Enterprises LLC for Janitorial Supply Purchases for the Not-to-Exceed Amount of $200,000.00 (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)
Approved and authorized the City Manager to enter into a Cooperative Purchasing Agreement with Waxie’s Enterprises LLC for janitorial supply purchases for the not-to-exceed amount of $200,000.00.

PUBLIC HEARINGS
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

16. Open the Public Hearing and Adopt Resolutions to Approve the Fiscal Year 2022-23 Operating Budget for the City of Milpitas and the Milpitas Housing Authority, Approve the Fiscal Year 2022-23 Gann Appropriations Limit, Authorize Various Financial Actions, Fiscal Policies and Budget Guidelines, Amend the Classification Plan for Alignment with the FY 2022-23 Budget, the Minimum Wage Increase, and Salary Schedules Consistent with Previous Council Action Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Finance Director Lai presented the staff report.

Mayor Tran opened the public hearing.

The following people spoke:

1. Voltaire Montemayor
Mayor Tran closed the public hearing.

Mayor Tran requested the recommended limited term Public Works positions be made permanent.

Vice Mayor Montano commented on the contribution to youth sports and would like to include public speaking scholarships and a pilot program to expand the scholarship outside of City-run programs. 15 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 6

Council asked clarifying questions.

Human Resources Director Seher, Recreation and Community Services Director Lorentzen, and Public Works Director Ndah provided additional information.

Councilmember Phan left the Council Chamber and rejoined the meeting virtually.

After discussion, motion: to adopt a resolution of the City Council and Milpitas Housing Authority to approve the Fiscal Year 2022-23 Operating Budget the City of Milpitas and the Milpitas Housing Authority, approve the Appropriations Limit, Fiscal Policies and Budget Guidelines and authorizing various financial actions by the City Manager, including approving and authorizing the execution of various contracts and payments over $100,000; adopt a resolution amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions; adopt a resolution amending Resolution No. 1626, the Classification Plan, to adjust the hourly rate ranges for classifications due to a minimum wage increase pursuant to Ordinance No. 292; adopt a resolution amending Resolution No. 1626, the Classification Plan, to approve the Salary Schedules for all IAFF, Mid-CON, PROTECH, MEA, Miscellaneous Unrepresented, and Police Unrepresented Classifications.

Motion/Second: Councilmember Dominguez / Councilmember Phan After further discussion, substitute motion: to adopt Resolution No. 9167 of the City Council and Milpitas Housing Authority to approve the Fiscal Year 2022-23 Operating Budget the City of Milpitas and the Milpitas Housing Authority, approve the Appropriations Limit, Fiscal Policies and Budget Guidelines and authorizing various financial actions by the City Manager, including approving and authorizing the execution of various contracts and payments over $100,000; Adopt Resolution No. 9168 amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions; Adopt Resolution No. 9169 amending Resolution No. 1626, the Classification Plan, to adjust the hourly rate ranges for classifications due to a minimum wage increase pursuant to Ordinance No. 292; (d) Adopt Resolution No. 9170 amending Resolution No. 1626, the Classification Plan, to approve the Salary Schedules for all IAFF, Mid-CON, PROTECH, MEA, Miscellaneous Unrepresented and Police Unrepresented Classifications with an ament to Resolution No. 9168 section 2 (a) striking “(limited term),” directing staff to include public speaking scholarships and a pilot program for scholarships outside of City-run programs to the Grant Contributions for Youth Sports, and look at the increase of the Councilmember travel and training budget at the midyear budget.

Motion/Second: Mayor Tran / Vice Mayor Montano
Substitute motion carried by the following roll call vote:

AYES: Councilmembers Chua, Vice Mayor Montano, Mayor Tran ABSTAIN: Councilmember Dominguez
NOES: Councilmember Phan

17. Conduct a Public Hearing and Introduce an Ordinance Amending Sections of Chapter 10, Title XI, and Sections of Chapter 100, Title V, of the Milpitas Municipal Code, Relating to Mobile Food Vending (Food Trucks) (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Planning Director Thomas presented the staff report.

Mayor Tran opened the Public Hearing.
16 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 7

The following spoke:

1. Voltaire Montemayor
Mayor Tran closed the Public Hearing.

City Attorney Mutalipassi read the title of the Ordinance No. 38.845 “An Ordinance of the City Council of the City of Milpitas Amending Sections of Chapter 10 Of Title Xi, and Amending Sections of Chapter 100 Of Title V, of the Milpitas Municipal Code, Relating to Mobile Food Vending and Making Findings of CEGA Exemption.”
Motion: to waive the first reading beyond the title and introduce Ordinance No. 38.845 amending sections of Chapter 10 of Title XI, and sections of Chapter 100 of Title V, of the Milpitas Municipal Code relating to Mobile Food Vending and determine that the Municipal Code amendment is exempt from California Environmental Quality Act pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a General Plan) and 15061(b)(3) (Common Sense Exemption).

Motion/Second: Vice Mayor Montano / Mayor Tran
Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None

ITEM REMOVED FROM CONSENT
C13. Award RFP No. 22-058 and Authorize the City Manager to Execute an Agreement for Abandoned Shopping Cart Retrieval Services with CityWide Cart Savers, LLC. for the Not-To-Exceed Amount of $112,500 for Fiscal Years 2022-2027 (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260, and Chris Schroeder, Purchasing Agent, 408-586-3161) City Attorney Mutalipassi informed the Council of the options for this item.

Building Safety and Housing Director Goei provided additional information.

The following spoke:

1. Joseph DeMichele Director of CityWide Cart Savers, LLC

2. Milpitas resident
Director of CityWide Cart Savers, LLC, Joseph DeMichele stated they are withdrawing their solicitation for the RFP.

Motion: to postpone the item to the next meeting.

Motion/Second: Mayor Tran / Councilmember Dominguez
Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None

LEADERSHIP AND SUPPORT SERVICES
17 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 8

18. Adopt a Resolution Submitting to the Qualified Voters of the City of Milpitas a Measure Amending Chapter 400 (Mayoral and Councilmanic Term Limits) of Title 1 (Administration) of the Milpitas Municipal Code to Amend Term Limits on Mayoral and City Council Member Service, at a General Municipal Election to be Consolidated with the Statewide General Election to be Held November 8, 2022, and Setting Rules for Arguments and Rebuttals for and Against Said Measure (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040 and Ashwini Kantak, Assistant City Manager, 408-586-3053)

City Attorney Mutalipassi presented the staff report.

Council discusses changing the proposed ballot measure language and asked if the question to the votes be revised to add “four-year”
Staff provided revised language.

City Attorney Mutalipassi recommended keeping the original language.

After discussion, motion: to adopt Resolution No. 9171 submitting to the qualified voters of the City of Milpitas a measure amending Chapter 400 (Mayoral and Councilmanic Term Limits) of Title 1 (Administration) of the Milpitas Municipal Code to amend term limits on Mayoral and City Council Member Service, at a General Municipal Election to be consolidated with the Statewide General Election to be held November 8, 2022, and setting rules for arguments and rebuttals for and against said measure.

Motion/Second: Vice Mayor Montano/ Councilmember Chua
Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ABSENT: Councilmember Dominguez

19. Introduce an Ordinance of the City Council of the City of Milpitas Adding Section 3.5 (“Regulation Of Lobbying Activities”) to Chapter 310 (“Open Government Ordinance”), of Title I (“Administration”) of the Milpitas Municipal Code (The “Code”) and Modifying Section I-310-

3.160 of the Code. (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) City Attorney Mutalipassi presented the staff report.

City Attorney Mutalipassi read aloud the title of Ordinance 312 “An Ordinance of the City Council of the City of Milpitas Adding Section 3.5 (“Regulation Of Lobbying Activities”) to Chapter 310 (“Open Government Ordinance”), of Title 1 (“Administration”) of the Milpitas Municipal Code (The “Code”) And Modifying Section I-310-3.160 of the Code.”
Mayor Tran requested removing contingent compensation on page 16 section l of section I-310-3.5.130 (e).

The following spoke:

1. Voltaire Montemayor

2. Armando Gomez
18 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 9

After discussion, motion: to waive the reading beyond the title and introduce Ordinance No. 312 adding Section 3.5 (“Regulation of Lobbying Activities”) to Chapter 310 (“Open Government Ordinance”), of Title I (“Administration”) of the Milpitas Municipal Code (the “Code”) and Modifying Section I-310-3.160 of the Code with an amendment to remove l of section I-310-3.5.130 (e).

Motion/Second: Councilmember Dominguez / Councilmember Chua Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
Councilmember Dominguez left the meeting at 10:17 PM

20. Discuss the Formation of a City Council Ad Hoc Odor Reduction Subcommittee, Appoint the Subcommittee Members, and Provide Direction to Staff on Next Steps (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053 and Walter C. Rossmann, Deputy City Manager, 408-586-3012)
Deputy City Manager Rossmann presented the staff report.

The following spoke:

1. Voltaire Montemayor
Provided direction to meet once a month, with the stakeholder Newby Island operators, Zanker, the wastewater representatives, and the Bay Area Air Quality Management District and discusses the formation of a City Council Ad Hoc Odor Reduction Subcommittee, nominating Mayor Tran and Vice Mayor Montano to serve on the Subcommittee.

Motion: to appoint Mayor Tran and Vice Mayor Montano to serve as the Subcommittee members.

Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ABSENT: Councilmember Dominguez

ITEM REMOVED FROM CONSENT
C14. Approve and Authorize the City Manager to Execute Amendment No. 2 to the Animal Services Agreement with the City of San Jose (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260; Jason Earl Administrative Analyst II, 408-586-3294; and Chris Schroeder, Purchasing Agent, 408-586-3161)
Vice Mayor Montano asked a clarifying question.

Building Safety and Housing Director Goei provided additional information.

The following spoke:
19 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 10

1. Voltaire Montemayor
Motion: to approve and authorize the City Manager to execute Amendment No. 2 to the Agreement with the City of San Jose for Animal Services, adding a second one-year extension to the three-year agreement, increasing the total not-to-exceed amount by $510,000 from $1,628,211 to $2,138,211, subject to annual appropriation of funds.

Motion/Second: Vice Mayor Montano / Councilmember Chua Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ABSENT: Councilmember Dominguez

ADJOURNMENT
Mayor Tran took a moment of silence in memory of the victims of the recent mass shootings and adjourned the meeting at 10:41 PM.

Draft meeting minutes submitted by City Clerk, Wendy Wood

20 Item # C2.

SPECIAL MEETING OF THE

MILPITAS CITY COUNCIL

June 07, 2022 Milpitas City Council Agenda Page 1

AG E N D A
TUESDAY, JUNE 7, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 5:30 PM (CLOSED SESSION)

OPEN SESSION IMMEDIATELY FOLLOWING CLOSED SESSION

The City Council of the City of Milpitas convened for a Special City Council meeting on June 7, 2022, at 5:30 PM in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Tran called the Special City Council meeting to order at 5:30 PM. Roll Call was taken by City Clerk Wood.

PRESENT: Mayor Tran, Vice Mayor Montano, Councilmembers Chua, Dominguez, and Phan ABSENT: None

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Jeannine Seher, Human Resources Director Bargaining Units: LIUNA, UPEC (Mid-Con, Pro-Tech, MEA)

CLOSED SESSION ANNOUNCEMENT:

Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.

City Attorney Mutalipassi reported out that Council unanimously gave direction to Staff.

PUBLIC FORUM
Those interested are invited to address the City Council on the agenda item listed below only, by using the “raise hand” in the zoom webinar online (see instructions on page 1). Speakers may state their name and city of residence for the record, and limit spoken remarks to three minutes, or less, at the discretion of the Mayor.

There were no speakers.

ANNOUNCEMENT OF CONFLICT OF INTEREST
City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.

READING OF THE CITY COUNCIL CODE OF CONDUCT
21 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 2

Mayor Tran read the Code of Conduct.

APPROVAL OF AGENDA
Motion: to approve the June 7, 2022, Special Meeting agenda.

Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None

AGENDA ITEMS

1. 2023-2031 Housing Element Update (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260, and Hanson Hom, Senior Special Projects Associate) Building Safety and Housing Director Goei introduced the item and consultants Eric Yurkovich and Veronica Tam from Rami and Associates presented the Housing Element Update.

Council receive a presentation on the 2023-2031 Housing Element and provided the following feedback:

Mayor Tran commented on having a higher level of affordability and opportunity for redevelopment by the BART station and light rail.

Councilmember Phan requested using the funding and resources with a Pro Housing Designation as designated by the Department of Housing and Community Development and commented on key elements to obtain the designation. He reviewed some of the scoring criteria by which to qualify and commented on the following items to receive the Pro Housing Designation: permitting missing middle housing uses, eliminating or reducing parking requirements, accelerating production timeframes, documented process of streamlining housing development, priority permitting process for ADUs (Accessory Dwelling Units), multifamily and affordable housing, reducing the construction and development cost, allowing impact fee waivers, promoting innovative housing types that reduce costs, reducing transportations infrastructure costs, pre-approve or prototype plans for missing middle housing types, providing financial subsidies, local housing trust funds through the Housing Authority, ADU grant and low interest loan programs, land donation through a surplus land program, and enhanced infrastructure financing districts. He also cited partnering with the job feeders in the region to create public private partnerships to try get funding for housing.

Councilmember Dominguez commented on concerns with the inventory of vacant homes and would like staff to research other cities in regard to vacant homes and explore the possibility of charging a fee that could go into the affordable housing fund. She would like to explore a pilot program to link students and seniors to existing extra rooms or ADUs. She would also like to maximize left-over land, being intentional with what plans go in, making sure they have the transit element, and ensure families in Milpitas have a chance to live in those units. She commented on providing opportunities for first time home buyers and exploring school district land to develop educator housing on district properties. 22 Item # C2.

June 07, 2022 Milpitas City Council Agenda Page 3

Councilmember Chua commented on doing a self-evaluation on how the City can expedite the application, inspection, and approval process. She also commented on having a balance between the housing and commercial/industrial.

ADJOURNMENT
Mayor Tran adjourned the special meeting at 7:05 PM.

Draft meeting minutes submitted by City Clerk, Wendy Wood 23 Item # C2.

MILPITAS CITY COUNCIL

AGENDA PREVIEW LIST

August 9, 2022

CLOSED SESSION

INVOCATION (assigned to Councilmember Phan)

PRESENTATION

CONSENT CALENDAR

1. Receive City Council calendar for August 2022 (City Clerk)

2. Approve City Council Regular Meeting minutes of June 21, 2022 (City Clerk)

3. Preview list of items for August 16, 2022 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Reconfirm Findings and Determinations Under Resolution No. 9156 and Set Forth in Assembly Bill 361 for the Continuation of Virtual Meetings of the City Council and Legislative Bodies (Michael Mutalipassi)

PUBLIC HEARING

6. Conduct Public Hearing for 2021 Weed Abatement Assessments and Adopt a Resolution to Confirm the Assessment Report (Arthur Belton)

7. First Reading of Maximum Building Heights Zoning Ordinance Amendment (Ned Thomas)

8. First reading of Outdoor Music Ordinance (Ned Thomas)

9. Adopt a Resolution to Adopt the Climate Action Plan Update and the Addendum to the General Plan Environmental Impact Report (Elaine Marshall)

10. Adopt a Resolution to Adopt the Milpitas Water, Sewer, and Storm Master Plans and Addendum to the Environmental Impact Report for the Milpitas General Plan (Tony Ndah)

COMMUNITY DEVELOPMENT

11. Discussion about Housing Opportunity Zones

COMMUNITY SERVICES

PUBLIC SAFETY

LEADERSHIP

12. Update to the Commission Handbook

REPORTS
24 Item # C3.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
NOTE:

Deferred and
completed
items are not
listed
2022 OPEN
Request No. Topic Submitted by:

A, F, CM, or
CCM
Date
requested or
Rec'd Form
STATUS and/or DATE scheduled
on City Council meeting agenda:
1 Waive fees for family fundraiser at Milpitas Skate
Park Dominguez A 6/14/2022
2 Agendize a Flag Raising for India Independence
Day Tran A 6/14/2022
Item added to 6/21/22 Consent
Calendar
3 Establish a SPAR fund modelled after the City of
Mountain View - sets asides moneys for
opportunities to buy real estate Montano A 6/7/2022
Item will be brought forward as part of
the next City Council additional
workplan items prioritization in
August/September
4 Memorial Plaque in honor of youth skateboarder
that passed away Montano A 6/7/2022
Item will be brought forward as part of
the next City Council additional
workplan items prioritization in
August/September
5 Staff provide and explain the Project Homekey
Management Manual, see if the MOU is being
followed including forming an oversight committee,
and explore with County to have check-ins of the
units. Dominguez indicated it could be included in
Council Member Chua's recommendation. Mayor
requested to include County in discussion. Dominguez A 6/7/2022 Item will be agendized for August City
Council meeting and combined with
item 6
6 Quarterly or Monthly crime statistics on Homekey
Project Chua A 6/7/2022
Mayor asked to bring back a
presentation from PD at the second
meeting in August
25 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
7 Funding to hire a consultant for the Sunnyhills
Historical Designation on a state level Tran A 6/7/2022 Request will be included with the
Historic Resources Master Plan
project approved as part of the 2023-
2027 Capital Improvement Program.
8 Local Boy Scouts Fee Waiver for Eagle Scout
Ceremony Tran A 6/7/2022
Staff will agendize a fee waiver
request for Council consideration for
the first meeting in August.
9 Letter from City Council opposing AB 2181
(Berman) regarding VTA's Board Composition Tran A 6/7/2022 Per the email sent to Council on
6/17/2022, consistent with the
Council approved Legislative
Advocacy Policy, Mayor Tran signed
a letter opposing the legislation
unless amended.
10 Prepare Vision Zero Action Plan Tran A 6/7/2022
Item will be brought forward as part of
the next City Council additional
workplan items prioritization in
August/September
11 Explore increasing the
Conferences/Meetings/Memberships allowance for
each Councilmember to $10,000 Chua A 5/17/2022
On 6/07/22, City Council did not
approve increasing the allowance as
part of the adoption of the FY 2022-
23 Budget; however, Council
provided direction to review funding
need as part of the FY 2022-23 mid-
year budget review.
12 Requested the City create a youth scholarship fund
for under privileged kids to
play sports Montano A 5/17/2022
As part of the adoption of the FY
2022-23 Budget, the City Council
allocated $20,000 for this program.

Staff will bring forward a policy
framework for this program for
13 Science, Technology, and Innovation Commission
agendize and explore a comprehensive internet
connectivity plan. Tran A 5/3/2022
Item will be agendized for discussion
at June STI Commission meeting
14 Consider policies to regulate automated equipment
that would replace a position typically filled by an
employee. Phan A 4/19/2022
Item will be brought forward as part of
the next City Council additional
workplan items prioritization in
August/September
15 Explore the use of roundabouts as a traffic calming
mechanism Dominguez A 4/19/2022
Item will be brought forward as part of
the next City Council additional
workplan items prioritization in
August/September
26 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
16 Explore the policy for locking mechanisms on
shopping carts for large commercial businesses
and would like it brought back to Council sometime
in August, September, or October Tran A 4/19/2022
Item will be brought forward as part of
the next City Council additional
workplan items prioritization in
August/September
17 Have staff prepare a report on ghost guns in the
City of Milpitas and look at any State bills that the
Council should be aware of to write a letter of
support; tie it into the gun’s buyback program to
add a further incentive for the ghost guns
Dominguez;
Tran A 4/5/2022
Item will be brought forward as part of
the next City Council additional
workplan items prioritization in
August/September. At the gun
buyback event held on May 22, 2022,
ghost guns were bought back for
$200 vs. handguns and rifles for
$100.
18 Explore an ordinance or policy for parking areas in
Milpitas to reduce thefts and increase security in
the commercial retail areas Chua A 4/5/2022
Item will be brought forward as part of
the next City Council additional
workplan items prioritization in
August/September
19 Request for Crossing Guards at McCandless and
Montague Expressway and review wages for
Crossing Guards Montano A 4/5/2022
Per the Information Memorandum
issued on June 13, the City will
perform school aged pedestrian
counts around schools in the City
including the McCandless and
Montague Expressway intersection at
the beginning of the 2022-23 school
year and report the findings to the
Transportation Subcommittee late fall.
20 Consider funding to implement and create a
homelessness encampment response team to be
dispatched to encampment sites to address
concerns, talked about creating a position to
provide mental health assistance, and would like
this to be brought back for discussion at the budget
meeting Dominguez A 3/15/2022
Direction from Council to bring
forward as part of FY 22-23 budget
discussion; at the May 10 Budget
Study Session Council did not direct
to do any further work on this item.
21 Consider expanding the Fee Waiver Policy eligibility to non-profit organizations outside of Milpitas but
the events are specific to Milpitas residents Chua A 3/15/2022 Scheduled for Council consideration
for the June 21 2022 City Council
meeting.
22 Designate the California Oak Tree as the City’s
official heritage tree Montano A 2/1/2022
Council approved at the 6/7/2022
meeting.
27 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
23 Host a Town Hall at City Hall in January, February,
and March for the community to share comments
about the issue of the unhoused. Tran A 11/2/2021
This item was postponed by Mayor
Tran due to the Omicron variant and
a rise in COVID-19 cases
ACTIVE
Topic Submitted by:

A, F, CM, or
CCM
Date
requested or
Rec'd Form
STATUS and/or DATE scheduled
on City Council meeting agenda:
24 Bring back a conversation in the budget meeting to
fund “walking beats” in the commercial and high
crime areas Dominguez A 4/5/2022
At the 4/5/2022 City Council meeting,
this item was discussed and there
was direction from Councilmember
Dominguez to work with the City
Manager to find funding sources
25 Create a plan for future solar paneling at City
facilities Montano A 3/1/2022
Discussed at Spring Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move
forward at the 5/03/2022 meeting;
Discussed at the May 10 budget
meeting and approved funding of
$25,000 in the 2022-23 budget
26 Fee waiver for the Filipino American South Bay
Community to hold pop-up resource fair at a City
Park Dominguez A 3/1/2022
Staff has engaged with
representatives of the organization to
identify potential eligibility avenues
such as partnering with a Milpitas
based non-profit organization
consistent with the Policy.
28 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
27 Agendize an update to the Lobbyist Ordinance for
the next meeting Chua A 3/1/2022
Discussed at 3/15 City Council
Meeting; At the 3/15/2022 Council
Meeting, City Attorney was directed to
bring back a proposed ordinance
amendment for further discussion;
proposed ordinance scheduled for
6/7/2022
28 Requested the City Attorney’s office explore
encampment ordinances form the City of Oakland,
Los Angeles, or other regional cities and would like
a discussion on the existing policies to be brought
back before the July recess. Tran A 2/15/2022
4/19/2022 direct the City Attorney to
make the recommended changes to
the Municipal Code to remove and
prohibit property in public
29 Evaluate reopening the childcare center with a non-
profit organization running the center Montano A 2/1/2022 Discussed during Spring Quarterly
City Council Workplan Items
Prioritization Discussion; Approved to
move forward at the 5/03/2022
meeting
30 Requested an appropriation in an amount not to
exceed $250,000 to procure a contract to address
the streetlights that are pending fieldwork. Tran A 2/1/2022 At this time, staff has sufficient
Council approved resources to
address the remaining streetlight
outages; however, will bring relevant
actions for Council consideration, if
needed.
31 Explore a lease for the vacant land adjacent to the
Library for City use Tran A 1/18/2022
Discussed at Spring Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move
forward at the 5/03/2022 meeting;
32 Requested that staff study the placement of a City
sign for the Milpitas Police Department and explore
the cost of a new sign Dominguez A 1/18/2021
Staff has been working on upgrading
signage and landscaping around the
Police Department and Public Works
Building.
33 Request for the City to make the temporary third-
party food deliver fee caps permanent and add
additional provisions for enforcement Phan A 11/16/2021 Discussed at Spring Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move
forward at the 5/03/2022 meeting
29 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
34 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano A 11/16/2021 Discussed at Spring Quarterly City
Council Workplan Items Prioritization
Discussion; Approved at the
5/03/2022 meeting; discussed
funding at the 5/10/2022 budget
meeting and approved $100,000 of
funding for one one site
35 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano A 10/19/2021
Approved to move forward at the
1/11/2022 Council meeting; Staff
engaged the artist of the existing
mural regarding this Council
approved item.
36 Requested an agenda item on November 2 Council
meeting allowing the Council to rescind direction
given to 1355 California Circle and include direction
to allow the project application to move forward
without being tied to a specific plan Chua A 10/19/2021 At the 1/18/2022 council meeting,
Council voted 4-1 to rescind the
direction and direct staff and the
application to explore option one in
the presentation to amend the
General Plan and remove Council
policy for the preparation of a Specific
Plan
37 Requested staff work with the Vice Mayor and
Mayor to explore and discuss building height limits
near the hillside by January 2022 Tran A 9/21/2021
Approved to move forward at the
1/11/2022 Council meeting; l
scheduled for 6/21/2022
38 Requested the City extend the outdoor dining
options through March of next year Phan A 9/21/2021
Planning Director to provide
information on current outdoor dining
extension
39 Work with the school district to have a contest to
create art murals for the pillars on Main Street Montano A 9/7/2021 Approved to move forward at the
1/11/2022 Council meeting
40 Partner with the Rotary Club of Silicon Andhra to
promote the stem cell donor outreach with a
webinar and campaign to help increase the number
of donors Chua A 8/17/2021
Staff will include the stem cell donor
information in regularly scheduled
wellness event
41 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano A 8/17/2021
Approved to move forward at the
1/11/2022 Council meeting; Staff
engaged the artist of the existing
mural regarding this Council
approved item.
42 City to highlight mental health resources on the
website Dominguez A 8/17/2021 Staff will issue an Email 30 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
43 Look into allowing outdoor music and would like the
ordinance brought back to Council. Montano A 8/5/2021
Approved to move forward at the
1/11/2022 Council meeting;
scheduled for 6/21/2022
44 Look into opening up the Senior Center on
Saturdays for half a day Chua A 8/5/2021
As presented by staff on 1/11/2022,
this pilot is scheduled for completion
in fall 2022. In preparation for the
pilot, staff will issue a survey to
seniors asking for the types of
services they are seeking; hire staff
based on the feedback; and start the
three-month pilot in September 2022.
45 Look into bringing back a roller rink Montano A 8/5/2021 Approved to move forward at the
1/11/2022 Council meeting. Funding
for the program will need to be
prioritized through the FY 22-23
budget process; Discussed at
5/10/2022 budget meeting and
approved $100,000 funding for a two-
day event in 2023
46 Look into how the City can be a resource for small
businesses to help guide them on what to do in
terms of ADA (Americans with Disabilities Act)
requirements due to the quick changes made to
facilities during the pandemic Chua A 8/5/2021
SVEDA/SV Joint Venture hosted the
“SV Small Businesses & ADA
Compliance” webinar on 11/3/21.

Several Milpitas business reps, &
staff from Econ. Dev. & Building
participated. Staff met with reps from
CA Comm. on Disability Access to
discuss business education &
outreach.
47 Discussion in the next fiscal year, to have a sliding scale permitting program for seniors and low-
income residence for necessary safety renovations Tran A 5/4/2021 8/09/2021 Council voted 5-0 to move
this item forward and modify the
existing Milpitas Assistance program
to include seniors; Staff will bring this
item for funding consideration as part
of the FY 2022-23 budget process
48 Discussion to reduce the City’s Senior Center
facilities deposit Montano A 5/4/2021
8/09/2021 Council voted 5-0 to refer
this item as part of the development
of the FY 2022-23 Master Fee
Schedule; Will be brought forward on
4/19 as part of Master Fee Schedule
discussion
31 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
49 Requested that the City have mini-libraries in the
low-income areas of the City. Montano A 4/20/2021
8/09/2021 Council voted 3-1-1 to
move this item forward, staff to follow
up with Vice Mayor Montano on
specific vision. Staff met with the Vice
Mayor. The City will continue to
facilitate libraries as needed but will
not take a lead role in funding or
operating them.
50 Staff to create a plan on how to increase the
number of local businesses doing business with the
City Chua A 4/6/2021
At 8/9/2021 Council meeting, Council
voted that this item may have to come
back for additional discussion
because there may be some legal
considerations.
51 Staff to look into creating a rose garden with a
children’s memorial site Montano A 4/6/2021
8/09/2021 Council voted 4-1 to
discuss details with Vice Mayor
Montano and refer this item as part of
the development of the 2023-2027
CIP; The funding for this project will
be included in the 2023-2027 Capital
Improvement Program scheduled for
adoption on May 3, 2022. Discussed
at the May 3 meeting funding was
reallocated to the Softball Field
project
52 Staff to look into creating “Welcome to Milpitas”
signs in key areas of in the City Montano A 4/6/2021
8/09/2021 Council voted 5-0 to move
this item forward and Council
provided direction that the signs
should align with the efforts currently
underway with the Metro Plan and
Main Street Gateway Specific Plan
process and work with private
development. Staff was directed to
work with Vice Mayor on additional
clarification. In November, Vice Mayor
Montano noted a preference for a
location on South Main Street. This
project will be added to unfunded
project list of the 2023-2027 CIP to
allow time for staff to research
potential grant funding and outreach
to local business and service clubs.
32 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
53 Staff to provide information to place a measure on
the ballot to change the directly elected Mayor to a
rotational at-large position Tran CCM 3/16/2021
To be brought forward in Spring of
2022, once new City Attorney is in
place; scheduled for 3/15/2022;
rescheduled for 4/05/2022; discussed
at the May 10 budget meeting and
had a consensus that they did not
want to move forward with a Mayoral
ballot measure
54 Staff to provide information on a landmark policy for the City of Milpitas Tran A 3/16/2021
8/09/2021 Council voted 5-0 to move
this item forward; this item will be
included for funding consideration in
the development of the FY 2023-27
CIP for assessment of historical and
cultural resources and development
of landmark policy; The funding for
the assessment of historical and
cultural resources and development
of a landmark policy will be included
in the 2023-2027 Capital
Improvement Program scheduled for
adoption on May 3, 2022. This project
will be scheduled to begin in FY 2022-

23. 55
Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan A 2/16/2021
Agendized for discussion on
3/16/2021, deferred to 4/06/2021; CC
direction for City Attorney to prepare a
report; At the 11/12/2021
Transportation Subcommittee, the
Subcommittee directed to bring back
this request to Council as part of the
FY 2022-23 budget process.
56 Ordinance to ban vaping in the City Montano A 12/15/2020 Ordinance regarding a ban on use in
certain areas adopted by Council on
6/15/2021. Policy related to access to
products will be brought forward in
Spring 2022
57 Review City policy on speed bumps Tran A 12/15/2020
Presented to Transportation
Subcommittee on 02/12/2021;voted
on 3/16/2021 to revisit this item;
Scheduled for April 8, 2022
Transportation Subcommittee
Meeting
33 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
58 Consider change in term limits for Mayor +
Councilmembers Montano A 6/16/2020
8/4/2020: Voted 3 -2 to pursue;
2/02/2021 to agendize for a future
meeting; 3/16/2021 voted 3-1-1 to
move forward. Scheduled for
3/15/2022; rescheduled for
4/05/2022; 4/05/2022 could gave
direction to move forward with
Councilmember term limits and
discuss the Mayoral seat at a later
date; Discussed at the 5/10/2022
budget meeting and had a consensus
not want to move foward with a ballot
measure for the Mayor term limit;
Councilmember term limits scheduled
for June 7; Scheduled for June 21
34 Item # C4.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Authorize the City Manager to Accept CalRecycle Grant of $107,661 and Approve Related Budget Amendment (Elaine Marshall, Deputy Public Works Director, 408- 586-2603)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 6/14/2022
Recommendation: Authorize the City Manager to accept grant funding from CalRecycle’s One-Time Senate Bill 1383 Local Assistance Grant and approve related budget amendment for revenues in the amount of $107,661 for the Solid Waste Fund (Fund 280) for FY 2021-22.

BACKGROUND:

In January 2022, the Department of Resources Recycling and Recovery (CalRecycle) provided a non- competitive one-time Senate Bill 1383 (SB 1383) Local Assistance Grant Program. The grant is to assist local jurisdictions with SB 1383 implementation and is able to be used for specific activities, such as capacity planning, collection, edible food recovery, education and outreach, enforcement and inspection, program evaluation/gap analysis, procurement, and record keeping during the grant period. Through this grant, CalRecycle made $57,000,000 available to all California jurisdictions/entities. The grant funds are based on population.

ANALYSIS:

Staff applied for the SB 1383 Local Assistance Grant in February 2022, as authorized by Council Resolution No. 9119 (Attachment 1). At the end of April, CalRecycle notified the City was awarded $107,661 in one-time grant funds. The funding will be used to offset budgeted personnel (enforcement and inspection of SB 1383) and non-personnel expenses to be used for SB 1383 tracking, monitoring, and record keeping software.

POLICY ALTERNATIVE(S):

Alternative 1: Do not accept the grant funds.

Pros: None.

Cons: The City will fund the costs of implementing SB 1383 through the City’s Solid Waste Fund and not leverage funding from CalRecycle’s SB 1383 Local Assistance One-Time grant.

Reason for Not Recommending: It is in the City’s interest to leverage external funding to offset City costs when feasible.

FISCAL IMPACT:

Budgeted expenditures (personal services and non-personal services) totaling of $107,661 related to implementation of Senate Bill 1383 will be offset with the CalRecycle grant. To recognize the grant funding, staff recommends increasing the revenues for the Solid Waste Fund (Fund 280) in the amount of $107,661 in FY 2021-22.

California Environmental Quality Act (CEQA):

Not applicable.

35 Item # C5.

RECOMMENDATION:

Accept grant funding from CalRecycle’s One-Time Senate Bill 1383 Local Assistance Grant and approve budget amendment for revenues in the amount of $107,661 in the Solid Waste Fund (Fund 280) for FY 2021-

22. Attachment(s):

1. Resolution No. 9119

2. Budget Change Form

36 Item # C5.
37 Item # C5.

City of Milpitas, California

BUDGET CHANGE FORM

From* To*
Type of Change

Account

Amount

Account

Amount
Check one:

Budget Appropriation

Budget Transfer

280-3564

$107,661

280-2909

$107,661

Authorize the City Manager to accept grant funding from CalRecycle’s One-Time Senate Bill 1383 Local Assistance Grant and approve revenue in the amount of $107,661 for the Solid Waste Fund (Fund 280) for FY 2021-22.

Background:

In January 2022, the Department of Resources Recycling and Recovery (CalRecycle) provided a non- competitive one-time Senate Bill 1383 (SB 1383) Local Assistance Grant Program. The grant is to assist local jurisdictions with SB 1383 implementation and is able to be used for specific activities, such as capacity planning, collection, edible food recovery, education and outreach, enforcement and inspection, program evaluation/gap analysis, procurement, and record keeping during the grant period. Through this grant, CalRecycle made $57,000,000 available to all California jurisdictions/entities. The grant funds are based on population.

Analysis:

Staff applied for the SB 1383 Local Assistance Grant in February 2022, as authorized by Council Resolution No. 9119 (Attachment 1). At the end of April, CalRecycle notified the City was awarded $107,661 in one-time grant funds. The funding will be used to offset budgeted personnel (enforcement and inspection of SB 1383) and non-personnel expenses to be used for SB 1383 tracking, monitoring, and record keeping software.

Policy Alternative:

Alternative 1: Do not accept the grant funds.

Pros: None.

Cons: The City will fund the costs of implementing SB 1383 through the City’s Solid Waste Fund and not leverage funding from CalRecycle’s SB 1383 Local Assistance One-Time grant.

Reason for Not Recommending: It is in the City’s interest to leverage external funding to offset City costs when feasible.

Fiscal Impact:

Budgeted expenditures (personal services and non-personal services) totaling of $107,661 related to implementation of Senate Bill 1383 will be offset with the CalRecycle grant. To recognize the grant funding, staff recommends increasing the revenues for the Solid Waste Fund (Fund 280) in the amount of $107,661 in FY 2021-22.

38 Item # C5.

California Environmental Quality Act:

Not applicable.

Recommendations:

Accept grant funding from CalRecycle’s One-Time Senate Bill 1383 Local Assistance Grant and approve revenue in the amount of $107,661 in the Solid Waste Fund (Fund 280) for FY 2021-22.

Attachments:

1. Resolution No. 9119

2. Budget Change Form

Check if City Council Approval required. Meeting Date: June 14, 2022

Requested by: Department Head: Tony Ndah Date: June 14, 2022 Reviewed by: Finance Director: Lauren Lai Date: June 14, 2022

Date approved by City Council, if required: Confirmed by:

FI/24786/V Form 30-222 (Rev. 1/92)
39 Item # C5.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement for Milpitas Town Center 2008 LP for the Chick-fil-A project at 755 East Calaveras Boulevard. (Staff Contact: Steve Erickson, 408-586-3301)
Category: Consent Calendar-Community Development
Meeting Date: 6/21/2022
Recommendation: Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement for Milpitas Town Center 2008 LP for the Chick-fil-A project at 755 East Calaveras Boulevard.

Background:

On June 24, 2020, the Planning Commission approved a Site Development Permit (SD19-0009) and Conditional Use Permit (UP19-0010) to allow the construction of a new 4,999 square foot commercial restaurant building with a drive-through facility, a new trash enclosure and associated offsite and onsite improvements, landscaping, irrigation and storm water treatment measures on 1.13 acres of land located at 755 East Calaveras Boulevard, and the project property is owned by Milpitas Town Center 2008 LP (Property Owner).

In accordance with State Law and the City’s Municipal Regional Stormwater NPDES Permit (“MRP”) issued by the Regional Water Quality Control Board (“RWQCB”), new development and redevelopment projects that create and/or replace 10,000 square feet or more of impervious surface are required to incorporate Low Impact Development (“LID”) post construction stormwater control measures into the project. LID control measures include, for example, bioretention areas, flow-through planters, permeable pavement, infiltration trenches and tree well filters.

Analysis:

MRP section C.3.h.ii.(1)(a) and Milpitas Municipal Code Title XI Chapter 16 require development project property owners meeting the 10,000 square foot threshold to execute and record a Stormwater Management Facilities Operation and Maintenance Agreement (“Agreement”) (Attachment 1) with the City for the perpetual operation, maintenance, and annual inspection of LID stormwater treatment facilities installed with the project.

The Chick-fil-A Project constructed stormwater Bio-treatment devices and the Property Owner will be responsible for the perpetual maintenance and operation of the bio-treatment areas specified in Agreement.

The Property Owner has complied with the LID requirements and has executed the required Agreement, which has been reviewed by the City Attorney as to form and by the City Engineer as to content.

Policy Alternatives:

Alternative 1:

Not approve the Agreement with the City for operation, maintenance and annual inspection of stormwater treatment facilities.

Pros: None

40 Item # C6.

Cons: Not approving the Agreement would cause the project to be not in compliance with the conditions of development and the City’s Municipal Code and would be prohibitive by federal and state law.

Reason not recommended: To comply with federal and state law and to allow for the on-going maintenance and City annual inspection of the installed stormwater Bio-treatment devices, staff recommends approval of the Agreement.

Fiscal Impact:

As required by the Stormwater Management Facilities Operation and Maintenance Agreement, the Project Developer/Owner will pay the City for the required annual inspections of the installed stormwater Bio-treatment facilities which are not owned or maintained by the City.

California Environmental Quality Act:

Approval of the Stormwater Management Facilities Operation and Maintenance Agreement implements the operation and maintenance of this project’s constructed on-site stormwater facilities for which CEQA review had been exempted through the City Council’s adoption of Resolution No. 20-006.

Recommendation:

Approve and Authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement with Milpitas Town Center 2008 LP for the Chick-fil-A Project at 755 East Calaveras Boulevard.

Attachments:

1. Stormwater Management Facilities Operation and Maintenance Agreement

2. Exhibit B – Stormwater Management Plan

41 Item # C6.
42 Item # C6.
43 Item # C6.
44 Item # C6.
45 Item # C6.
46 Item # C6.
47 Item # C6.
48 Item # C6.
49 Item # C6.
50 Item # C6.
51 Item # C6.
52 Item # C6.

September 2021
1 CITY OF MILPITAS

Stormwater Management Plan
FOR
Chick-fil-A @ Calaveras
755 E Calaveras,
Milpitas, CA 95035

September 2021

Owner:

Chick-fil-A, Inc.
15635 Alton Parkway, Suite 350,
Irvine, CA 92618

Prepared By:

Kimley Horn
Miles R. Johnson, P.E.
4637 Chabot Drive, Suite #300
Pleasanton, CA 94588
(669) 800-4140
[email protected]

53 Item # C6.

September 2021
2 C.3 Stormwater Management Plan Table of Contents

I. Project Setting……………………………………………………………………………………………………………….…….2 a. Project Data
b. Legally Responsible Person Contact Information
c. Existing Site Features
d. Vicinity Map
e. Santa Clara Valley Urban Runoff Pollution Prevention Program Provision C.3 Data Form f. City of Milpitas LID Feasibility Worksheet
g. Opportunities and Constraints for Stormwater Control h. Hydrograph Modification Management Requirements
II. Measures to Limit Imperviousness…………….…………………………………………………………....………….5 a. Limitation of Development Envelope
b. Measures to Limit Directly Connected Impervious Area III. Selection and Design of Stormwater Treatment BMP’s.……………………………………….……………...6 a. Hydrology
b. Recommended Permanent BMP’s
c. Bioretention Facilities – Landscape Requirements
d. Existing Condition
IV. Source Control Measures…………………………………………………………………………………………..…………8 a. Source Control Table
V. Permitting and Code Compliance Issues……………….…….………………………………………………………..9 VI. Facility Maintenance Requirements….………………………………………………………………………………….9 a. Ownership and Responsibility for Maintenance in Perpetuity b. Statement accepting responsibility for operation and maintenance of facilities until that responsibility is formally transferred.
c. Inspection and Maintenance – Bioretention Basins
d. Inspection and Maintenance – Landscape Area

Appendices
A. City Stormwater Forms (C.3 Data Form)
B. MRP Calculations and BMP Sizing Calculations
C. Stormwater Control Exhibit
D. Treatment Measure Details and Sections
E. Operations and Maintenance Plan
F. Annual Reporting Tables
G. Stormwater Treatment Facilities Inspection & Maintenance Checklist H. Geotechnical Investigation

54 Item # C6.

September 2021
3 I. Project Setting
a. Project Data
Project Name/Number Chick-fil-A @ Calaveras, FSR #04483 Applicant Kimley Horn
Miles R. Johnson, P.E.
4637 Chabot Drive, Suite #300
Pleasanton, CA 94588
(669) 800-4140
[email protected]
Application Submittal Date August 2021
Project Location 755 E Calaveras, Milpitas, CA 95035
Project Use Convenience Food Restaurant
Project Type and Description Existing commercial building to be demolished and redeveloped a new convenience food restaurant. The improvements include drive- through restaurant with outdoor seating, new parking, ADA accessibility, EV parking, a new trash enclosure, landscape improvements and stormwater treatment facilities.

APN Number 02812013
Total Site Improvement Area 1.27 acres (55,267 SF)
Total Pre-Project Pervious
Area

0.29 acres (12,705 SF)
23%
Total Pre-Project Impervious
Area

0.98 acres (42,562 SF)
77%
Total Post-Project Pervious
Area

0.39 acres (16,825 SF)
30%
Total Post-Project
Impervious Area

0.88 acres (38,442 SF)
70%

55 Item # C6.

September 2021
4 b. Legally Responsible Person Contact Information
Keith Gilbert
Chick-fil-A, Inc.
755 E Calaveras,
Milpitas, CA 95035
(562) 505-5540
[email protected]

c. Existing Site Features
The existing property has a single-story commercial building. The majority of the property is asphalt with planting along the Calaveras Boulevard and Hillview Drive. There is one driveway along Hillview Drive. The project site is relatively level, and slopes slightly to the North. Surface drainage at the site is conveyed through sheet flow and a series of underground pipes. Stormwater discharges from the site are not considered direct discharges as defined by the State Water Board into Berryessa Creek. Berryessa Creek discharges to Lower Penitencia Creek, which flows to the Coyote Creek and ultimately South Francisco Bay.

d. Vicinity Map

e. Santa Clara Valley Urban Runoff Pollution Prevention Program Provision C.3 Data Form The City of Milpitas – Stormwater Requirements C.3 Data Form has been completed and is included in this report in Appendix A – City Stormwater Forms.

f. City of Milpitas LID Feasibility Worksheets
The City of Milpitas Infiltration Feasibility Worksheet is not required since the saturated hydraulic conductivity, Ksat for this site does not exceed 1.6 in/hr.

56 Item # C6.

September 2021
5 g. Opportunities and Constraints for Stormwater Control Opportunities: All landscape areas within the proposed site including open space areas, street frontages, and paseos, provide an opportunity for treatment through bioretention areas. These bioretention areas will be incorporated into the landscape design to provide appropriate vegetation and treatment.

Constraints: Project will cover most of the site with new roofs and paving. Disposal of runoff to deep infiltration is not feasible on this site due to the low permeability of the clay soils. Generally flat topography can make it difficult to grade parking lots and driveways sufficiently to drain runoff into planters or swales located at the site perimeter.

Geotechnical Investigation dated September 4, 2020 was performed by Giles Engineering Associates, Inc. Soil conditions, sampling, lab testing and subsurface materials can be found in the attached Geotech Report in Appendix I.

h. Hydrograph Modification Management Requirements
The project is exempt from Hydrograph Modification requirements since the new project does not add or replace 1 acre of more of impervious surface according to Appendix E-1 of SCVURPPP Handbook. Applicant is encouraged to select site design and treatment measures that help accomplish flow control.

II. Measures to Limit Imperviousness

a. Limitation of Development Envelope
Five (5) existing trees along the public streets within the property are proposed to be protected in place. Otherwise, the full property shall be redeveloped.

b. Measures to Limit Directly Connected Impervious Area. i. Site design features
The site has been designed to direct surface runoff from the site into two (2) bioretention systems. This is to minimize runoff into the stormdrain system from impervious surfaces prior to treatment. These bioretention systems have been placed in locations where existing drainage flows, preserving existing drainage patterns.
ii. Selection of Paving Materials
Conventional concrete and conventional asphalt are used throughout the site. Permeable pavement is not proposed on this project. The existing site mostly has dense, clayey soils which are not well-draining.
iii. Detention and drainage design
The proposed project directs runoff from the three (3) Drainage Management Areas to the two (2) proposed LID treatment areas.
57 Item # C6.

September 2021
6 iv. Roof run-off through treatment facility
The new convenience store roof shall be directed to Bioretention Area A, via roof drains which connect to storm drain pipes, and discharge to street, and surface flow to the Bioretention Area.

III. Selection and Design of Stormwater Treatment BMP’s1

a. Hydrology
Runoff coefficients for existing and proposed on-site conditions were based on the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). The estimated runoff coefficients are 0.9 per stormwater report per separate submittal.

CASQA BMP Handbook Method was used for hydraulic sizing the bioretention area. Refer to Appendix B for BMP sizing calculations.

b. Recommended Permanent BMP’s

This SWCP has identified the use of Bioretention as the best method to fulfill on-site treatment requirements. The BMP’s will provide a level of treatment that meets the C.3 requirements for the runoff generated by the project improvements:

 Selected landscaping areas can be used as bioretention BMP’s. Where feasible, adjacent roof, parking and street runoff will be directed to bioretention areas.  Roof runoff from the perimeter will be directed to the bioretention areas.

c. Bioretention Facilities – Landscape Requirements

Bioretention treatment areas are designed to filter pollutants from stormwater runoff from adjacent roofs, parking, streets, and landscape areas using a combination of vegetation, ponding, permeable planting soil, and a subdrain system. Bioretention treatment areas, which will receive runoff through disconnected downspouts, curb cut, and the local area drain system will be located throughout the site and will ultimately discharge into the existing storm drain system. The local area drain system will collect runoff from building downspouts and pathways prior to discharging into the bioretention areas.

Bioretention treatment areas will be sized to maximize treatment for tributary areas. Runoff that is directed into the bioretention areas will infiltrate through a minimum of 18” of biotreatment soil (as identified in the SCVURPPP Handbook, consist of the mixture of 60%-70% of fine sand and 30%- 40% of compost, measured on a volume basis). The treatment soil and the planting material to be used within the bioretention treatment areas must have an infiltration rate of 5 inches per hour to meet the minimum infiltration criteria as describe in the SCVURPPP bioretention design and sizing guidelines.

1 Hydro Modification are only used for projects with 1 acre or more impervious surface and creating more impervious surface area over the pre-project (existing) condition. 58 Item # C6.

September 2021
7 Each bioretention area is equipped with an overflow structure that will direct excess water directly into the drainage system. In all cases, the rim of the overflow pipe will be set to meet the minimum ponding depth requirements for each individual bioretention area. Sizing of the bioretention areas is calculated using the Combination Flow and Volume Design Basis Method.

Bioretention area will be responsible for 100% of the required treatment. The drainage area that will be treated is approximately 1.27 acres consisting of 0.88 acres of impervious surfaces. DMAA will be treated in Bioretention Area A at the northeast corner of the project and DMAB will be treated in Bioretention Area B located in a landscape island in the parking field to the west of the restaurant building. Bioretention area data is shown in Appendix A.

The Bioretention facilities should support vigorous plant growth. Plants that are used in the treatment facilities are Cercis Canadensis/Forest Pansey Redbud, Callistemon Viminalis/Little John, and Muhlenbergia regens/Deer Grass. Native and naturalized plans are used within the bioretention facilities to reduce the need for fertilizers, pesticides and other amendments as well as minimize supplemental water use. Maintenance is directed to avoid the use of pesticides and quick release synthetic fertilizers and follow the principles of integrated pest management (IPM).

59 Item # C6.

September 2021
8 IV. Source Control Measures

a. Source Control Table

Potential Source of
Runoff Pollutants Permanent Source Control BMPs
Operational Source
Control BMPs
On-site storm drain
inlets (unauthorized
non-stormwater
discharges and
accidental spills or
leaks).
 Mark all inlets with the words
“NO DUMPING – DRAINS TO
BAY” or similar.
 Maintain and periodically repaint or
replace or renewed inlet markings as
needed.
 Provide stormwater pollution
prevention information to new site
owners, lessees or operators.
 See applicable operational BMPs in
Fact Sheet SC-44, “Drainage System
Maintenance,” in the CASQA
Stormwater Quality Handbooks at
www.cabmphandbooks.com
 Include the following in lease
agreements: “Tenant shall not allow
anyone to discharge anything to
storm-drains or to store or deposit
materials so as to create a potential
discharge to storm drains.”
Landscape/ Outdoor
Pesticide Use/
Building and Grounds
Maintenance
 Preserve existing native trees,
shrubs and ground cover to
the maximum extent possible
 Design landscaping to
minimize irrigation and runoff,
to promote surface infiltration
where appropriate, and to
minimize the use of fertilizers
and pesticides that can
contribute to stormwater
pollution
 Where landscaped areas are
used to retain or detain
stormwater, specific plants
that are tolerant of saturated
soil conditions
 Consider using pest-resistant
plans, especially adjacent to
hardscape
 To ensure successful
establishment, select plants
approximate to site soils,
slopes climate, sun wind, rain,
land use, air movement,
 Maintain landscaping using minimum
or no pesticides.
 See applicable operational BMPs in
Fact Sheet SC-41, “Building and
Grounds Maintenance,” in the CASQA
Stormwater Quality Handbooks at
www.cabmphandbooks.com
 Provide IPM information to new
owners, lessees and operators.
60 Item # C6.

September 2021
9 ecological consistency and
plant interactions.

Refuse areas  The refuse area will be a fully
enclosure area, with walls and
a roof. Rainwater will land on
the roof of the trash enclosure
and runoff into the adjacent
area which is directed to
bioretention. The interior of
the trash enclosure will drain
to an inlet which is piped to
the sanitary sewer system.
 A sign will be posted on or
near dumpsters with the
words “Do not dump
hazardous materials here” or
similar.
 Prior to washing down the interior of
the trash enclosure, verify that the
sanitary sewer inlet is draining
properly so that all wastewater will be
directed to the sanitary sewer system.

Plazas, sidewalks,
and parking lots.   Sweep plazas, sidewalks, and parking lots regularly to prevent accumulation
of litter and debris. Collect debris from
pressure washing to prevent entry into
the storm drain system. Collect wash
water containing any cleaning agent or
degreaser and discharge to the
sanitary sewer not to a storm drain.

V. Permitting and Code Compliance Issues

An assessment for the proposed project determined that 100% LID treatment for the project is not feasible. The project site cannot adequately accommodate the required size of biotreatment facilities on the ground level without imposing potential risks to existing infrastructure, the proposed buildings themselves and required utilities needed for building operation and safety.

In conclusion and in conjunction to the Special Project Eligibility section previously noted, this project has no known conflicts between this proposed Stormwater Control Plan and the City of Milpitas’ ordinances and policies. Any conflicts that are found will be resolved through the design review process or during subsequent permitting.

VI. Facility Maintenance Requirements

a. Ownership and Responsibility for Maintenance in Perpetuity i. Commitment to Execute all Required Agreements
The owner is responsible for the implementation of the provisions of this Storm Water 61 Item # C6.

September 2021
10 Plan and will ensure that the site maintenance meets up-to-date conditions on the site consistent with the current Stormwater requirements.

The property owner will be subject to an annual fee (set by the City’s standard fee schedule) to offset the cost of inspecting the site or verifying that the stormwater management facilities are being maintained. Property owner will also be required to ensure that all costs associated with the perpetual Operation & Maintenance, administration and reporting of these water quality facilities are paid for. ii. Commitment to Execute any Necessary Agreements.

The property owner(s) will be required to submit a Storm Water Control Operation and Maintenance (O&M) Plan to the City for review and approval prior to the completion of construction and will execute a Stormwater Management Facilities Operation and Maintenance Agreement before sale, transfer, or permanent occupancy of the site.

The Storm Water O&M Plan will be reviewed with the facility operator, facility supervisors, employees, tenants, maintenance and service contractors, or another party having responsibility of implementing portions of this Plan. b. Statement accepting responsibility for operation and maintenance of facilities until that responsibility is formally transferred.

The owner accepts responsibility for interim operation and maintenance of stormwater treatment and flow-control facilities until such time as this responsibility is formally transferred to a subsequent owner. Once the owner transfers the property, its successors-in-interest shall bear the aforementioned responsibility to implement and amend this Plan. c. Inspection and Maintenance – Bioretention Basins
Primary maintenance activities include vegetation management and sediment removal.

Mosquito larvicides should be applied only when absolutely necessary. The typical maintenance requirements include:

 Conduct semi-annual inspection as follows:
o Evaluate the health of the vegetation. Replace and amend plants and soils as necessary to ensure the planters are effective and attractive. Plants must remain healthy and trimmed if overgrown. Soils must be maintained to efficiently filter the storm water.
o Visually inspect for ponding water to ensure that filtration is occurring. o After all major storm events, remove any trash and debris, inspect drain pipes and bubble-up risers for obstructions, and remove if necessary. o Inspect the outlet, embankments, dikes, berms, and side slopes for structural integrity and signs of erosion or rodent burrows. Fill in any holes detected in the side slopes.
o Examine outlets and overflow structures and remove any debris plugging the outlets.
62 Item # C6.

September 2021
11 o General landscape maintenance, including pruning and cleanup. o Identify and minimize any sources of sediment and debris. Check rocks or other erosion control and replace, if necessary.
o Excavate, clean and or replace filter media (sand, gravel, topsoil) to ensure adequate infiltration rate.
 Maintenance activities at the bottom of the basin shall NOT be performed with heavy equipment, which would compact the soil and limit infiltration.  Harvest vegetation annually, during the summer.
 Irrigate throughout the dry season. Irrigation will be provided with sufficient quantity and frequency to allow plants to thrive
 Trim vegetation at beginning and end of the wet season and inspect monthly to prevent establishment of woody vegetation and for aesthetic and mosquito control reasons.  Dead vegetation shall be removed to maintain less than 10% of area coverage or when vegetative filter strip function is impaired. Vegetation shall be replaced immediately to control erosion where soils are exposed and within 3 months to maintain cover density.  Avoid the use of pesticides and quick release synthetic fertilizers and follow the principles of integrated pest management (IPM). Check with the local jurisdiction for any local policies regarding the use of pesticides and fertilizers.  Remove sediment from the forebay when the sediment level reaches the level shown on the fixed vertical sediment marker.
 Remove accumulated sediment and regrade about every 10 years or when the accumulated sediment volume exceeds 10 % of the basin volume.  Storm drain facilities should be cleaned out once a year.

d. Inspection and Maintenance – Landscape Areas

 Limit the use of fertilizers and/or pesticides. Mosquito larvicides should be applied only when absolutely necessary.
 Replaced and amend plants and soils as necessary to ensure the planters are effective and attractive. Plants must remain healthy and trimmed if overgrown. Soils must be maintained to efficiently filter the storm water.
 After all major storm events, remove trash and inspect drain pipes for obstructions and remove if necessary.
 Continue general landscape maintenance, including pruning and cleanup throughout the year.
 Irrigate throughout the dry season. Irrigation will be provided with sufficient quantity and frequency to allow plants to thrive.

63 Item # C6.

APPENDIX A
C.3 Data Form

64 Item # C6.

City of Milpitas - SCVURPPP C.3. Data Form Page 1 of 4 12/2013

City of Milpitas – Stormwater Requirements C.3 Data Form

Santa Clara Valley Urban Run-Off Pollution Prevention Program

1. Project Information
Project Name: ____________________________________APN # _________________________ Project Address:

Cross Streets:

Applicant/Developer Name:

Project Phase(s): ______of______ Engineer:

Project Type (Check all that apply): /box2 New Development /box2 Redevelopment /box2 Residential /box2 Commercial /box2 Industrial /box2 Mixed Use /box2 Public /box2 Institutional /box2 Restaurant /box2 Uncovered Parking /box2 Retail Gas Outlet /box2 Auto Service (SIC code) _______ /box2 Other ________________________________________
Project Description: _______________________________________________________________

Project Watershed/Receiving Water (creek, river, or bay):_______________________________ Which Projects Must Comply with Stormwater Requirements? All projects that create and/or replace 10,000 sq. ft. or more of impervious surface on the project site must fill out this worksheet and submit it with the development project application.

All restaurants, auto service facilities, retail gasoline outlets, and uncovered parking lot projects (stand-alone or part of another development project, including the top uncovered portion of parking structures) that create and/or replace 5,000 sq. ft. or more of impervious surface on the project site must also fill out this worksheet.

Interior remodeling projects, routine maintenance or repair projects such as re-roofing and re-paving, and single family homes that are not part of a larger plan of development are NOT required to complete this worksheet.

What is an Impervious Surface?
An impervious surface is a surface covering or pavement that prevents the land’s natural ability to absorb and infiltrate rainfall/stormwater. Impervious surfaces include, but are not limited to rooftops, walkways, paved patios, driveways, parking lots, storage areas, impervious concrete and asphalt, and any other continuous watertight pavement or covering. Pervious pavement, underlain with pervious soil or pervious storage material (e.g., drain rock), that infiltrates rainfall at a rate equal to or greater than surrounding unpaved areas OR that stores and infiltrates the water quality design volume specified in Provision C.3.d of the Municipal Regional Stormwater Permit (MRP) is not considered an impervious surface.

For More Information
For more information regarding selection of Best Management Practices for stormwater pollution prevention or stormwater treatment in Santa Clara County : http://www.scvurppp -w2k.com/c3_han dbook_2012.shtml (5013-5014, 5541, 7532-7534, 7536-7539)
Chick-fil-A @ Calaveras & Hillview
02812013
755 E Calaveras, Milpitas, CA
Calaveras & Hillview
Chick-fil-A
1 1
Miles Johnson
Proposed Drive-Thru Restaurant with Parking and
Landscaping
San Francisco Bay
✔
✔
65 Item # C6.

City of Milpitas - SCVURPPP C.3. Data Form Page 2 of 4 12/2013

2. Project Size
a. Total Site Area:
____________________acre
b. Total Site Area Disturbed: __________________ ac re
(including clearing, grading, or excavating)
Existing Area (ft 2) Proposed Area (ft 2) Total Post-Project Area (ft 2) Replaced New
Impervious Area
Roof
Parking
Sidewalks and Streets
c. Total Impervious Area
d. Total new and replaced impervious area
Pervious Area
Landscaping
Pervious Paving
Other (e.g. Green Roof)
e. Total Pervious Area
f. Percent Replacement of Impervious Area in Redeve lopment Projects (Replaced Total Impervious Area ÷ Existing Total Impervious Area) x 100% = _ ______________________%

3. State Construction General Permit Applicability:
a. Is #2.b. equal to one acre or more?
/box2 Yes, applicant must obtain coverage under the Stat e Construction General Permit (i.e., file a Notice of Intent and prepare a Stormwater Po llution Prevention Plan) (see www.swrcb.ca.gov/water_issues/programs/stormwater/construction.shtml for details). /box2 No, applicant does not need coverage under the State Construction General Permit.

4. MRP Provision C.3 Applicability:
a. Is #2.d. equal to 10,000 sq. ft. or more, or 5,000 sq. ft. or more for restaurants, auto service facilities, retail gas outlets, and uncovered parking?
/box2 Yes, C.3. source control, site design, and treatment requirements apply. /box2 No, C.3. source control and site design requirements may apply – check with local agency b. Is #2.f. equal to 50% or more?

/box2 Yes, C.3. requirements (site design, source control, as appropriate, and stormwater treatment) apply to entire site.
/box2 No, C.3. requirements only apply to impervious area created and/or replaced.

5. Hydromodification Management (HM) Applicability:
a. Does project create and/or replace one acre or more of impervious surface AND is the total post-project impervious area greater than the pre-project (existing) impervious area? /box2 Yes (continue) /box2 No – exempt from HM, go to page 3 b. Is the project located in an area of HM applicability (green area) on the HM Applicability Map? ( www.scvurppp-w2k.com/hmp_maps.htm ) /box2 Yes, project must implement HM requirements
/box2 No, project is exempt from HM requirements

1.27 1.13
23,977
6,459
42,562
38,442
12,705
0 0
12,705
83 12,126
✔
✔
✔
✔
5,287
23,977
5,420
35,439
0 3,758
0 3,758
5,287
27,735
5,420
38,442
12,705 4,120 16,825
0 0
12,705
0 0
4,120
0 0
16,825
66 Item # C6.

City of Milpitas - SCVURPPP C.3. Data Form Page 3 of 4 12/2013

6. Selection of Specific Stormwater Control Measure s:

Site Design Measures
/boxshadowdwn Minimize land disturbed
/boxshadowdwn Minimize impervious
surfaces
/boxshadowdwn Minimum-impact street
or parking lot design
/boxshadowdwn Cluster structures/
pavement
/boxshadowdwn Disconnected downspouts
/boxshadowdwn Pervious pavement
/boxshadowdwn Green roof
/boxshadowdwn Microdetention in
landscape
/boxshadowdwn Other self-treating area
/boxshadowdwn Self-retaining area
/boxshadowdwn Rainwater harvesting and
use
(e.g., rain barrel, cistern
connected to roof drains) 1
/boxshadowdwn Preserved open space:
_______ ac. or sq. ft

.(circle one)
/boxshadowdwn Protected riparian and
wetland areas/buffers
(Setback from top of bank:
_______ft.)

/boxshadowdwn Other _______________
Source Control Measures
/boxshadowdwn Alternative building
materials
/boxshadowdwn Wash area/racks, drain to
sanitary sewer
2 /boxshadowdwn Covered dumpster area,
drain to sanitary sewer
2 /boxshadowdwn Sanitary sewer
connection or accessible
cleanout for swimming
pool/spa/fountain
2 /boxshadowdwn Beneficial landscaping
(minimize irrigation, runoff,
pesticides and fertilizers;
promotes treatment)

/boxshadowdwn Outdoor material storage
protection
/boxshadowdwn Covers, drains for loading
docks, maintenance bays,
fueling areas
/boxshadowdwn Maintenance (pavement
sweeping, catch basin
cleaning, good housekeeping)

/boxshadowdwn Storm drain labeling
/boxshadowdwn Other _______________
Treatment Systems
/boxshadowdwn None ( all impervious surface
drains to self-retaining areas)
LID Treatment
/boxshadowdwn Rainwater harvest and
use
(e.g., cistern or rain barrel
sized for C.3.d treatment)
/boxshadowdwn Infiltration basin
/boxshadowdwn Infiltration trench
/boxshadowdwn Exfiltration trench
/boxshadowdwn Underground detention
and infiltration system
(e.g. pervious pavement drain
rock, large diameter conduit)

Biotreatment 3
/boxshadowdwn Bioretention area
/boxshadowdwn Flow-through planter
/boxshadowdwn Tree box with
bioretention soils
/boxshadowdwn Other _______________
Other Treatment Methods
/boxshadowdwn Proprietary tree box filter 4
/boxshadowdwn Media filter (sand, compost,
or proprietary media)4
/boxshadowdwn Vegetated filter strip 5
/boxshadowdwn Dry detention basin 5
/boxshadowdwn Other _______________

Flow Duration Controls for Hydromodification Management (HM)

/boxshadowdwn Detention basin /boxshadowdwn Underground tank or vault
/boxshadowdwn Bioretention with outlet
control
/boxshadowdwn Other
_______________

1 Optional site design measure; does not have to be sized to comply with Provision C.3.d treatment requi rements. 2 Subject to sanitary sewer authority requirements.
3 Biotreatment measures are allowed only with completed feasibility analysis showing that infiltration and rainwater harvest and use are infeasible.
4 These treatment measures are only allowed if the project qualifies as a “Special Project”. 5 These treatment measures are only allowed as part of a multi-step treatment process. ✔
✔
✔
✔
✔
✔
✔
✔
✔
67 Item # C6.

City of Milpitas - SCVURPPP C.3. Data Form Page 4 of 4 12/2013

7. Treatment System Sizing for Projects with Treatment Requirements

Indicate the hydraulic sizing criteria used and provide the calculated design flow or volume:

Treatment System Component Hydraulic Sizing
Criteria Used 3
Design Flow or
Volume
(cfs or cu.ft.)

3Key: 1a: Volume – WEF Method
1b: Volume – CASQA BMP Handbook Method
2a: Flow – Factored Flood Flow Method
2b: Flow – CASQA BMP Handbook Method
2c: Flow – Uniform Intensity Method
3: Combination Flow and Volume Design Basis

8. Alternative Certification: Was the treatment system sizing and design reviewed by a qualified third- party professional that is not a member of the project team or agency staff?

/box2 Yes /box2 No Name of Reviewer: _____________________________ ______________

9. Operation & Maintenance Information
A. Property Owner’s Name: ____________________________ _____________ B. Responsible Party for Stormwater Treatment/Hydromodification Control O&M:
a. Name: _________________________________________
b. Address: _________________________________________ c. Phone/E-mail: ____________________________________ _____

This section to be completed by City of Milpitas staff.

O&M Responsibility Mechanism
Indicate how responsibility for O&M is assured. Check all that apply:
/box2 O&M Agreement
/box2 Other mechanism that assigns responsibility (describe below):
___________________________________________________ _____________________________________ ___________________________________________________ _____________________________________

Reviewed:

Planning Department Public Works Department
Planning Division: ________ Land Development: ___ _____ Other (Specify): ________ Other (Specify): ________

Bioretention Area A
2b
75 cu.ft.

Bioretention Area B
2b
1,160 cu.ft.

Keith Gilbert
Chick-fil-A
15635 alton parkway, suite 350, irvine, ca 92618
562-505-5540 // [email protected]
✔
68 Item # C6.

APPENDIX C
MRP Calculations and BMP Sizing Calculations

69 Item # C6.

C.3 STORMWATER HANDBOOK
Appendix B B- 7
Section II. Sizing for Volume-Based Treatment Measures, continued The equation that will be used to size the BMP is:

Design Volume = (Rain Gage Correction Factor) (Unit Basin Storage Volume) (Drainage Area) Step 1. Determine the drainage area for the BMP, A =____________acres Step 2.Determine percent imperviousness of the drainage area:
a. Estimate the amount of impervious surface (rooftops, hardscape, streets, and sidewalks, etc.) in the area draining to the BMP:____________acres
b. % impervious area = (amount of impervious area/drainage area for the BMP) 100 % impervious area =(Step 2.a/Step 1) 100
% impervious area = __________%
Step 3. Find the mean annual precipitation at the site (MAPsite). To do so, estimate where the site is on Figure B-1 and estimate the mean annual precipitation in inches from the rain line (isopleth) nearest to the project site.6 Interpolate between isopleths if necessary.

MAPsite = _____inches
Step 4. Identify the reference rain gage closest to the project site from Table B-2b and record the MAPgage:

MAPgage = _____inches
Table B-2b: Precipitation Data for Three Reference Gages Reference Rain
Gages
Mean Annual
Precipitation (MAPgage)
(in)
San Jose Airport 13.9
Palo Alto 13.7
Morgan Hill 19.5
6 Check with the local municipality to determine if more detailed maps are available for locating the site and estimating MAP.

Section II.B — Sizing Volume-Based Treatment Measures based on the Adapted CASQA Stormwater BMP Handbook Approach
70 Item # C6.

SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM B-8 Appendix B
Section II. Sizing for Volume-Based Treatment Measures, continued Step 5 Determine the rain gage correction factor for the precipitation at the site using the information from Step 3 andStep 4.

Correction Factor = MAPsite (Step 3)/MAPgage (Step 4)
Correction Factor =____________
Step 6. Identify the representative soil type for the BMP drainage area. a) Identify from Figure B-1 or from site soils data, the soil type that is representative of the pervious portion of the project shown here in order of increasing infiltration capability:
____ Clay (D) ____ Sandy Clay (D) ____ Clay Loam (D)
____ Silt Loam/Loam (B) ____ Not Applicable (100% Impervious) b) Does the site planning allow for protection of natural areas and associated vegetation and soils so that the soils outside the building footprint are not graded/compacted?___ (Y/N) If your answer is no, and the soil will be compacted during site preparation and grading, the soil’s infiltration ability will be decreased. Modify your answer to a soil with a lower infiltration rate (e.g., Silt Loam to Clay Loam or Clay).

Modified soil type:____________
Step 7. Determine the average slope for the drainage area for the BMP:________% Step 8. Determine the unit basin storage volume from sizing curves. a) Slope 1%
Use the figure at the end of this Appendix entitled “Unit Basin Volume for 80% Capture, 1% Slope” corresponding to the nearest rain gage: Figure B-2, B-3, or B-4 for San Jose, Palo Alto, or Morgan Hill, respectively. Find the percent imperviousness of the drainage area (fromStep 2) on the x-axis. From there, find the line corresponding to the soil type (fromStep 6), and obtain the unit basin storage volume on the y-axis.

Unit Basin Storage for 1% slope (UBS 1%) =____________(inches) b) Slope 15%
Use the figure at the end of this Appendix entitled “Unit Basin Volume for 80% Capture, 15% Slope” corresponding to the nearest rain gage: Figure B-5, B-6, or B-7 for San Jose, Palo Alto, or Morgan Hill, respectively. Find the percent imperviousness of the drainage area (fromStep 2) on the x-axis. From there, find the line corresponding to the soil type (fromStep 6), and obtain the unit basin storage volume on the y-axis.

Unit Basin Storage for 15% slope (UBS15%) =____________(inches) Section II.B —Adapted CASQA Stormwater BMP Handbook Approach (continued) 71 Item # C6.

C.3 STORMWATER HANDBOOK
Appendix B B- 9
Section II. Sizing for Volume-Based Treatment Measures, continued c) Slope > 1% and < 15%
Find the unit basin volumes for 1% and 15% using the techniques inSteps 8.a and8.b and interpolate by applying a slope correction factor per the following formula:

Unit Basin Storage volume (UBSx) = ____________(inches) (corrected for slope of site)
Step 9. Determine the Adjusted Unit Basin Storage Volume for the site, using the following equation:

Adjusted UBS = Rain Gage Correction Factor Unit Basin Storage Volume Adjusted UBS = (Step 5) (Step 8)
Adjusted UBS = _______inches
Step 10. Determine the BMP Design Volume, using the following equation:

Design Volume = Adjusted Unit Basin Storage Volume Drainage Area Design Volume = (Step 9) (Step 1) 1 foot/12 inch
Design Volume = _______ acre-feet 43,560 square feet/acre =_______ cubic feet UBSx = UBS 1% + (UBS15% - UBS1%) (X%-1%) / (15% -1%)
= (Step 8a) + (Step 8b- Step 8a) (X%-1%)/(15%-1%)
Where UBSx = Unit BasinStorage volume for drainage area of intermediate slope, X % Section II.B. —Adapted CASQA Stormwater BMP Handbook Approach (continued) 72 Item # C6.

C.3 STORMWATER HANDBOOK
Appendix B B- 7
Section II. Sizing for Volume-Based Treatment Measures, continued The equation that will be used to size the BMP is:

Design Volume = (Rain Gage Correction Factor) (Unit Basin Storage Volume) (Drainage Area) Step 1. Determine the drainage area for the BMP, A =____________acres Step 2.Determine percent imperviousness of the drainage area:
a. Estimate the amount of impervious surface (rooftops, hardscape, streets, and sidewalks, etc.) in the area draining to the BMP:____________acres
b. % impervious area = (amount of impervious area/drainage area for the BMP) 100 % impervious area =(Step 2.a/Step 1) 100
% impervious area = __________%
Step 3. Find the mean annual precipitation at the site (MAPsite). To do so, estimate where the site is on Figure B-1 and estimate the mean annual precipitation in inches from the rain line (isopleth) nearest to the project site.6 Interpolate between isopleths if necessary.

MAPsite = _____inches
Step 4. Identify the reference rain gage closest to the project site from Table B-2b and record the MAPgage:

MAPgage = _____inches
Table B-2b: Precipitation Data for Three Reference Gages Reference Rain
Gages
Mean Annual
Precipitation (MAPgage)
(in)
San Jose Airport 13.9
Palo Alto 13.7
Morgan Hill 19.5
6 Check with the local municipality to determine if more detailed maps are available for locating the site and estimating MAP.

Section II.B — Sizing Volume-Based Treatment Measures based on the Adapted CASQA Stormwater BMP Handbook Approach
73 Item # C6.

SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM B-8 Appendix B
Section II. Sizing for Volume-Based Treatment Measures, continued Step 5 Determine the rain gage correction factor for the precipitation at the site using the information from Step 3 andStep 4.

Correction Factor = MAPsite (Step 3)/MAPgage (Step 4)
Correction Factor =____________
Step 6. Identify the representative soil type for the BMP drainage area. a) Identify from Figure B-1 or from site soils data, the soil type that is representative of the pervious portion of the project shown here in order of increasing infiltration capability:
____ Clay (D) ____ Sandy Clay (D) ____ Clay Loam (D)
____ Silt Loam/Loam (B) ____ Not Applicable (100% Impervious) b) Does the site planning allow for protection of natural areas and associated vegetation and soils so that the soils outside the building footprint are not graded/compacted?___ (Y/N) If your answer is no, and the soil will be compacted during site preparation and grading, the soil’s infiltration ability will be decreased. Modify your answer to a soil with a lower infiltration rate (e.g., Silt Loam to Clay Loam or Clay).

Modified soil type:____________
Step 7. Determine the average slope for the drainage area for the BMP:________% Step 8. Determine the unit basin storage volume from sizing curves. a) Slope 1%
Use the figure at the end of this Appendix entitled “Unit Basin Volume for 80% Capture, 1% Slope” corresponding to the nearest rain gage: Figure B-2, B-3, or B-4 for San Jose, Palo Alto, or Morgan Hill, respectively. Find the percent imperviousness of the drainage area (fromStep 2) on the x-axis. From there, find the line corresponding to the soil type (fromStep 6), and obtain the unit basin storage volume on the y-axis.

Unit Basin Storage for 1% slope (UBS 1%) =____________(inches) b) Slope 15%
Use the figure at the end of this Appendix entitled “Unit Basin Volume for 80% Capture, 15% Slope” corresponding to the nearest rain gage: Figure B-5, B-6, or B-7 for San Jose, Palo Alto, or Morgan Hill, respectively. Find the percent imperviousness of the drainage area (fromStep 2) on the x-axis. From there, find the line corresponding to the soil type (fromStep 6), and obtain the unit basin storage volume on the y-axis.

Unit Basin Storage for 15% slope (UBS15%) =____________(inches) Section II.B —Adapted CASQA Stormwater BMP Handbook Approach (continued) 74 Item # C6.

C.3 STORMWATER HANDBOOK
Appendix B B- 9
Section II. Sizing for Volume-Based Treatment Measures, continued c) Slope > 1% and < 15%
Find the unit basin volumes for 1% and 15% using the techniques inSteps 8.a and8.b and interpolate by applying a slope correction factor per the following formula:

Unit Basin Storage volume (UBSx) = ____________(inches) (corrected for slope of site)
Step 9. Determine the Adjusted Unit Basin Storage Volume for the site, using the following equation:

Adjusted UBS = Rain Gage Correction Factor Unit Basin Storage Volume Adjusted UBS = (Step 5) (Step 8)
Adjusted UBS = _______inches
Step 10. Determine the BMP Design Volume, using the following equation:

Design Volume = Adjusted Unit Basin Storage Volume Drainage Area Design Volume = (Step 9) (Step 1) 1 foot/12 inch
Design Volume = _______ acre-feet 43,560 square feet/acre =_______ cubic feet UBSx = UBS 1% + (UBS15% - UBS1%) (X%-1%) / (15% -1%)
= (Step 8a) + (Step 8b- Step 8a) (X%-1%)/(15%-1%)
Where UBSx = Unit BasinStorage volume for drainage area of intermediate slope, X % Section II.B. —Adapted CASQA Stormwater BMP Handbook Approach (continued) 75 Item # C6.

APPENDIX D
Stormwater Control Exhibits

76 Item # C6.

CALAVERAS BLVD(PUBLIC-CALTRANS)
HILLVIEW DRIVE(PUBLIC)PROP BLDGFF=27.52PAD=26.77

OVERLANDRELEASEOVERLANDRELEASE
REVISION SCHEDULEFSR#CHICK-FIL-ACalaveras & Hillview04483Calaveras & HillviewMilpitas, CA 95035NO.DATEDESCRIPTION K:\LAV_Civil\092908020-Chick-fil-A Calaveras Hillview 04483\CAD\PlanSheets\092908020-SMCP.dwg Sheet No: SWCP Saved by: casey.teator - Tuesday, September 14, 2021 9:58 AM Printed by: Teator, Casey - September 14, 2021 10:00 AM Chick-fil-A5200 Buffington RoadAtlanta, Georgia30349-2998© Information contained on this drawing and in alldigital files produced for above named projectmay not be reproduced in any manner withoutexpress written or verbal consent fromauthorized project representatives.

PROJECT #PRINTED FORDATESHEETSHEET NUMBERSHEET NUMBER
DESIGN BY092908020BID9/13/2021- DRAWN BYCTCTAGENCY #A 2/4/2021CITY RESUBMITTAL 1 9/13/2021
B 4/26/2021CITY RESUBMITTAL 2D 7/26/2021BD #3 COMMENTRESPONSESISSUE FOR CONSTRUCTIONBENCHMARKNOTES:BASIS OF BEARING

STORMWATER NOTES

SOILS NORTH

RUNOFF NOTE
LEGEND

CALCULATIONS
77 Item # C6.

APPENDIX E
Treatment Measure Details and Sections

78 Item # C6.

CHAPTER 5

TECHNICAL REQUIREMENTS
53 ► LANDSCAPE INFILTRATION/BIORETENTION

Minimum storage depth: 6″
Maximum storage depth: 18″
Maximum side slope: 2:1.

Minimum bottom width: 3 '
Plantings may include trees, shrubs, grasses or turfgrasses suitable for periodic inundation. Irrigation required to maintain plant viability.

Soils in the top 12″ to be equivalent to a sandy loam with a minimum infiltration rate of 5 inches/hour.

Provide liner where required to protect groundwater. Provide underdrain system in “D” soils or where liner is required.

Drawing courtesy City of Portland, OR.
79 Item # C6.

80 Item # C6.

APPENDIX F
Operations and Maintenance Plan

81 Item # C6.
755 E Calaveras,
Milpitas, CA 95035
Page | 1 Stormwater O&M Plan

Stormwater Treatment Measures Operation and Maintenance Plan Chick-fil-A FSR #04483
City of Milpitas, California

Project Address: 755 E Calaveras, Milpitas, CA 95035
Assessor’s Parcel No.: 02812013
Property Owner: Chick-fil-A, Inc Phone No.:

Designated Contact: Keith Gilbert Phone No.: (404) 765-8038 Mailing Address: 15635 Alton Parkway, Suite 350, Irvine, CA 92618 The property contains two (2) BMPs, located as described below and as shown in the attached Stormwater Control Plan. A summary of the BMPs is below:
▪ BMP No. 1 is a bioretention area , located along the north east property corner, northeast of the restaurant.
▪ BMP No. 2 is a bioretention area, located at the center of parking lot.

I. Routine Maintenance Activities
The principal mainte nance objective is to prevent sediment buildup and clogging within the BMPs , which reduces pollutant removal efficiency and may lead to bioretention area failure and to ensure that water flows unimpeded into the flow -through planter and landscaping remains attractive in appearance. Routine maintenance activities are described below , and the frequency at which they will be conducted are shown in Table 1.

A. Bioretention Basins
Primary maintenance activities include vegetation management and sediment removal. M osquito control is also a concern in extended detention basins that are designed to include pools of standing water. The typical maintenance requirements include:

• Conduct semi-annual inspection as follows:

1. Evaluate the health of the vegetation . Replace and amend plants and soils as necessary to ensure the planters are effective and attractive. Plants must remain healthy and trim med if overgrown. Soils must be maint ained to efficiently filter the storm water.

2. Visually inspect for ponding water to ensure that filtration is occurring.

3. After all major storm events, remove any trash and debris, inspect drain pipes and bubble-up risers for obstructions, and remove if necessary.

4. Inspect the outlet, embankments, dikes, berms, and side slopes for structural integrity and signs o f erosion or rodent burrows. Fill in any holes detected in the side slopes.
82 Item # C6.
755 E Calaveras,
Milpitas, CA 95035
Page | 2 Stormwater O&M Plan

5. Examine outlets and overflow structures and remove any debris plugging the outlets.

6. General landscape maintenance, including pruning and cleanup.

7. Identify and mi nimize any sources of sediment and debris. Check rocks or other erosion control and replace, if necessary.

8. Excavate, clean and or rep lace filter media (sand, gravel, topsoil) to ensure adequate infiltration rate.

• Maintenance activities at the bottom of the basin shall NOT be performed with heavy equipment, which would compact the soil and limit infiltration. • Harvest vegetation annually, during the summer.
• Irrigate throughout the dry season. Irrigation will be provided with sufficient quantity and frequency to allow plants to thrive
• Trim vegetation at beginning and end of the wet season and inspect monthly to prevent establishment of woody vegetation and for aesthetic and mosquito control reasons. • Dead vegetation shall be removed to maint ain less than 1 0% of area coverage or when vegetative filter strip function is impaired. Vegetation shall be replaced immediately to control erosion where soils are exposed and within 3 months to maintain cover density. • Avoid the use of pesticides and qui ck release synt hetic fertilizers and follow the principles of integrated pest management (IPM). Check with the local jurisdiction for any local policies regarding the use of pesticides and fertilizers. • Remove sediment from the forebay when the sediment le vel reaches the level shown on the fixed vertical sediment marker.
• Remove accumulated sediment and regrade about every 10 years or when the accumulated sediment volume exceeds 10 % of the basin volume. • Storm drain clean out structures and pipe layout can be found in Ap pendix D. Storm drain facilities should be cleaned out once a year.

83 Item # C6.
755 E Calaveras,
Milpitas, CA 95035
Page | 3 Stormwater O&M Plan

Table 1
Routine Maintenance Activities for Bioretention Areas
No. Maintenance Task Frequency of Task
1 Remove obstructions, debris and trash from bioretention area and dispose of properly.

Monthly, or as needed after storm
events
2 Inspect bioretention area to ensure that it drains between storms and within five days after rainfall. If ponded water does not drain within five days, check if drains are clogged or consider removing the surface biotreatment soil and replacing with the approved soil mix and replant
Monthly, or as needed after storm
events
3 Inspect inlets for channels, soil exposure or other evidence of erosion. Clear obstructions and remove sediment.

Monthly, or as needed after storm
events
4 Remove and replace all dead and diseased vegetation. Twice a year 5 Maintain vegetation and the irrigation system. Prune and weed to keep bioretention area neat and orderly in appearance.

Before wet season begins, or as
needed
6 Inspect and, if needed, add mulch before the wet season begins. It is recommended that composted arbor mulch be applied once a year to maintain a 3” depth of mulch over all bare soil areas except within six inches of tree trunks.

Before wet season begins, or as
needed
7 Inspect bioretention area using the attached inspection checklist. Monthly, or after large storm events, and after removal of accumulated
debris or material

II. Prohibitions

Do not use pesticides or other chemical applications to treat disease d plants, control weeds or removed unwanted growth. Employ non -chemical controls (biological, physical and cultural controls) to treat a pest problem. Prune plants properly and at the appropriate time of year.

Provide adequate irrigation for landscape plants. Do not over water.

III. Mosquito Abatement
Standing water should not remain in the treatment measures for more than five days, to prevent mosquito generation. Should any mosquito issues arise, contact the Santa Clara County Vector Control District (SCCVCD) , as needed for assistance. Mosquito larvicides should be applied only when absolutely necessary, as indicated by the SCCVCD, and then only by a licensed professional or contractor. Contact information for SCCVCD is provided below.

Santa Clara County Vector Control District
1580 Berger Drive
San Jose, CA 95112
PH:(408) 918-4770

IV. Inspections

The attached Bioretention Area Inspection and Maintenance Checklist should be used to conduct inspections monthly (or as needed), identify needed maintenance, and rec ord maintenance that is conducted.

84 Item # C6.
85 Item # C6.

APPENDIX G
Annual Reporting Tables

86 Item # C6.
755 E Calaveras,
Milpitas, CA 95035

Page | 5 Stormwater O&M Plan
Stormwater Treatment Measures Operation and Maintenance Annual Reporting Tables Chick-fil-A FSR #04483
City of Milpitas, California
This report and attached Inspection and Maintenance Checklists document the inspection and maintenance conducted for the identified stormwater treatment measure(s) subject to the Maintenance Agreement between the City and the property owner during t he annual reporting period indicated below.

I. Property Information:

Property Address or APN: 02812013
Property Owner: Chick-fil-A; Attn: Keith Gilbert

II. Contact Information:

Name of person to contact regarding this report:

Phone number of contact person: Keith Gilbert Email:

Address to which correspondence regarding this report should be directed:
15635 Alton Parkway, Suite 350,
Irvine, CA 92618

III. Reporting Period:

This report, with the attached completed inspection checklists, documents the inspections and maintenance of the identified treatment measures during the time period from to .

IV. Stormwater Treatment Measure Information:

The following stormwater treatment measures (identified treatment measures) are located on the property identified above and are subject to the Maintenance Agreement:

Identifying Type of Treatment Measure Location of Treatment Measure on the Number of Property
Treatment
Measure
BMP #1 Bioretention Northeast property corner
BMP #2 Bioretention Center of parking lot

87 Item # C6.
755 E Calaveras,
Milpitas, CA 95035

Page | 6 Stormwater O&M Plan
V. Summary of Inspections and Maintenance:

Summarize the following information using the attached Inspection and Maintenance Checklists:

Identifying
Number of
Treatment
Measure
Date of
Inspection
Operation and Maintenance Activities
Performed and Date(s) Conducted
Additional
Comments
BMP #1
BMP #2

VI. Sediment Removal:

Total amount of accumulated sediment removed from the stormwater treatment measure(s) during the reporting period: cubic yards.

How was sediment disposed?
A. landfill
B. other location on-site as described in and allowed by the maintenance plan C. other, explain

VII. Inspector Information:

The inspections documented in the attached Inspection and Maintenance Checklists were conducted by the following inspector(s):

Inspector Name and Title Inspector’s Employer and Address

88 Item # C6.
89 Item # C6.

APPENDIX H
Stormwater Treatment Facilities Inspection & Maintenance Log

90 Item # C6.
755 E Calaveras,
Milpitas, CA 95035

Bioretention Area Inspection and Maintenance Checklist

Property Address: 755 E Calaveras, Milpitas, CA 95035 Property Owner: Chick-fil-A, Attn: Keith Gilbert

Treatment Measure No.: BMP #1 Date of Inspection: Type of Inspection: Monthly Pre-Wet Season After heavy runoff End of Wet Season
Inspector(s): Other:

Defect Conditions When Maintenance Is
Needed
Maintenance
Needed? (Y/N)
Comments (Describe maintenance completed
and if needed maintenance was not conducted,
note when it will be done)
Results Expected When Maintenance
Is Performed

1. Standing Water When water stands in the bioretention area between storms and does not
drain within five days after rainfall.

There should be no areas of standing
water once inflow has ceased. Any of
the following may apply: sediment or
trash blockages removed, improved
grade from head to foot of
bioretention area, or added
underdrains.

2. Trash and Debris
Accumulation
Trash and debris accumulated in the
bioretention area.

Trash and debris removed from
bioretention area and disposed of
properly.

3. Sediment Evidence of sedimentation in
bioretention area.

Material removed so that there is no
clogging or blockage. Material is
disposed of properly.

4. Erosion Channels have formed around inlets,
there are areas of bare soil, and/or
other evidence of erosion.

Obstructions and sediment removed
so that water flows freely and
disperses over a wide area.

Obstructions and sediment are
disposed of properly.

5. Vegetation Vegetation is dead, diseased and/or
overgrown.

Vegetation is healthy and attractive in
appearance.

6. Mulch Mulch is missing or patchy in
appearance. Areas of bare earth are
exposed, or mulch layer is less than 3
inches in depth.

All bare earth is covered, except
mulch is kept 6 inches away from
trunks of trees and shrubs. Mulch is
even in appearance, at a depth of 3
inches.

7. Miscellaneous Any condition not covered above that
needs attention in order for the
bioretention area to function as
designed.

Meet the design specifications.

91 Item # C6.
755 E Calaveras,
Milpitas, CA 95035

Bioretention Area Inspection and Maintenance Checklist

Property Address: 755 E Calaveras, Milpitas, CA 95035 Property Owner: Chick-fil-A, Attn: Keith Gilbert

Treatment Measure No.: BMP #2 Date of Inspection: Type of Inspection: Monthly Pre-Wet Season After heavy runoff End of Wet Season
Inspector(s): Other:

Defect Conditions When Maintenance Is
Needed
Maintenance
Needed? (Y/N)
Comments (Describe maintenance completed
and if needed maintenance was not conducted,
note when it will be done)
Results Expected When Maintenance
Is Performed

1. Standing Water When water stands in the bioretention area between storms and does not
drain within five days after rainfall.

There should be no areas of standing
water once inflow has ceased. Any of
the following may apply: sediment or
trash blockages removed, improved
grade from head to foot of
bioretention area, or added
underdrains.

2. Trash and Debris
Accumulation
Trash and debris accumulated in the
bioretention area.

Trash and debris removed from
bioretention area and disposed of
properly.

3. Sediment Evidence of sedimentation in
bioretention area.

Material removed so that there is no
clogging or blockage. Material is
disposed of properly.

4. Erosion Channels have formed around inlets,
there are areas of bare soil, and/or
other evidence of erosion.

Obstructions and sediment removed
so that water flows freely and
disperses over a wide area.

Obstructions and sediment are
disposed of properly.

5. Vegetation Vegetation is dead, diseased and/or
overgrown.

Vegetation is healthy and attractive in
appearance.

6. Mulch Mulch is missing or patchy in
appearance. Areas of bare earth are
exposed, or mulch layer is less than 3
inches in depth.

All bare earth is covered, except
mulch is kept 6 inches away from
trunks of trees and shrubs. Mulch is
even in appearance, at a depth of 3
inches.

7. Miscellaneous Any condition not covered above that
needs attention in order for the
bioretention area to function as
designed.

Meet the design specifications.

92 Item # C6.

APPENDIX B
Geotechnical Investigation

93 Item # C6.

RED
Geotechnical Engineering
Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
Calaveras and Hillview FSU
755 East Calaveras Boulevard
Milpitas, California
Prepared for:

Chick-fil-A, Inc.

Irvine, California
Prepared by:

Giles Engineering Associates, Inc.

September 4, 2020
Project No. 2G-1904001-R
94 Item # C6.
95 Item # C6.
_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

TABLE OF CONTENTS

GEOTECHNICAL ENGINEERING EXPLORATION AND ANALYSIS
PROPOSED CHICK-FIL-A RESTAURANT #4483

CALAVERAS AND HILLVIEW FSU
755 EAST CALAVERAS BOULEVARD

MILPITAS, CALIFORNIA
PROJECT NO. 2G-1904001
Description Page No.

1.0 EXECUTIVE SUMMARY OUTLINE ................................................................................ 1

2.0 SCOPE OF SERVICES .................................................................................................. 3

3.0 SITES AND PROJECT DESCRIPTION .......................................................................... 3

3.1 Site Description ................................................................................................... 3

3.2 Proposed Project Description .............................................................................. 4

4.0 SUBSURFACE EXPLORATION .................................................................................... 4

4.1 Subsurface Exploration ....................................................................................... 4

4.2 Subsurface Conditions ........................................................................................ 5

4.3 Percolation Testing ............................................................................................. 6

5.0 LABORATORY TESTING ............................................................................................... 7

6.0 GEOLOGIC AND SEISMIC HAZARDS .......................................................................... 8

6.1 Active Fault Zones .............................................................................................. 8

6.2 Seismic Hazard Zones ........................................................................................ 9

7.0 CONCLUSIONS AND RECOMMENDATIONS ............................................................... 9

7.1 Seismic Design Considerations .......................................................................... 10

7.2 Site Development Recommendations ................................................................ 12

7.3 Construction Considerations .............................................................................. 15

7.4 Foundation Recommendations .......................................................................... 15

7.5 Floor Slab Recommendations ............................................................................ 17

7.6 New Pavement .................................................................................................. 18

7.7 Recommended Construction Materials Testing Services ................................... 20

7.8 Basis of Report .................................................................................................. 20

APPENDICES
Appendix A – Figures (2), Boring Logs (5) and Liquefaction Analysis Appendix B – Field Procedures
Appendix C – Laboratory Testing and Classification
Appendix D – General Information ( Modified Guideline Specifications) and Important Information About Your Geotechnical Report
96 Item # C6.
_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

GEOTECHNICAL ENGINEERING EXPLORATION AND ANALYSIS
PROPOSED CHICK-FIL-A RESTAURANT #4483

CALAVERAS AND HILLVIEW FSU
755 EAST CALAVERAS BOULEVARD

MILPITAS, CALIFORNIA
PROJECT NO. 2G-1904001-R

1.0 EXECUTIVE SUMMARY OUTLINE
The executive summary is provided solely for purposes of overview. Any party who relies on this report must read the full report. The executive summary omits a number of details, any one of which could be crucial to the proper application of this report.

Subsurface Conditions
Site Class designation D is recommended for seismic design considerations.

Existing pavement encountered within our test borings consisted of approximately 6 ½ to 7 inches of asphaltic concrete over 3 inches of aggregate base materials.

Possible native and native soils encountered underneath the pavement generally consisted of damp to wet, firm to hard silty clay, and medium dense fine to medium sand and clayey sand. The presence of fill at the site was not distinctly identified in our test borings due to the onsite soils relatively homogenous composition but could be at depths of about 2 feet below existing ground surface and deeper in areas of below ground structures.

Groundwater was encountered at a depth of about 11 feet below existing grade during our subsurface exploration.

Tested onsite soils generally possess a low to medium expansion potential.

Tested on-site soils have moderate corrosive potential when in contact with ferrous materials.

Site Development
The proposed site development will include the construction of a new Chick-fil-A single-story building and site improvements that will include drive-thru lane, new parking stalls, menu board signs, a new trash enclosure, new concrete walkways, and new planter areas.

Demolition of the existing building should include removal of all foundations, floor slabs and any other below grade construction. Soils disturbed by the demolition operations should be removed and stockpiled for future use.

Due to the presence of variable strength and low to medium expansive characteristics of the near surface onsite soils and the likely disturbance of the soils during removal of existing building, it is recommended that the soils within the proposed new building area and an appropriate distance beyond (5 feet minimum) be overexcavated to a depth of at least 2 feet below existing grade or planned pad grade, and at least 1 foot below the bottom of foundations and floor slab whichever is lower in elevation. The soils exposed at the base of this recommended over-excavation should be examined by the geotechnical engineer to document that the soils are suitable for building support. Depending on examination by the geotechnical engineer, deeper removals may be warranted. Prior to placement of fill, the exposed surfaces approved for fill placement should first be scarified to a depth of at least 10 inches, water conditioned or air dried as required to about 2 to 4 percent above the optimum moisture content and then recompacted to at least 90% of the maximum dry density as determined by Modified Proctor (ASTM D 1557-00).

Percolation tests indicated that the site is not suitable for infiltration. 97 Item # C6.

Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

Building Foundation
The proposed structures may be supported by a shallow spread footing foundation system supported on structural compacted fill designed for a maximum, net allowable soil bearing pressure of 3,000 pounds per square foot (psf).

Minimum reinforcing in the strip footings is recommended to consist of four No. 5 bars (2 top and 2 bottom).

Building Floor Slab
It is recommended that on grade slab be a minimum 4 inch thick slab-on-grade or turned- down slab, supported on a properly prepared subgrade.

A minimum 10-mil vapor retarder is recommended to be directly below the floor slab or base course where required to protect moisture sensitive floor coverings.

Minimum slab reinforcing is recommended to consist of No. 3 rebars spaced at 18 inches on center, each way.

New Pavement
Asphalt Pavements: 3 inches of asphaltic concrete underlain by 6 or 9 inches of base course in parking stalls and drive lane areas, respectively.

Portland Cement Concrete: 6 inches in thickness underlain by 4 inches of base course in high stress areas such as entrance/exit aprons, trash enclosure-loading zone, and the drive through area.

RED – This site has been given a Red designation due to increased costs associated with building pad preparation as well as the presence of damp to very moist and low to medium expansive near surface on-site soils that may result in additional subgrade preparation costs 98 Item # C6.

Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

2.0 SCOPE OF SERVICES
This report provides the results of the Geotechnical Engineering Exploration and Analysis that Giles Engineering Associates, Inc. (“Giles”) conducted regarding the proposed development.

The Geotechnical Engineering Exploration and Analysis included several separate, but related, service areas referenced hereafter as the Geotechnical Subsurface Exploration Program, Geotechnical Laboratory Services, and Geotechnical Engineering Services. The scope of each service area was narrow and limited, as directed by our client and in consideration of the proposed project. The scope of each service area is briefly explained in this report. The scope of work performed for this report was consistent with the scope of work outlined within Proposal No. 2GEP-1903026.

Geotechnical-related recommendations for design and construction of the foundation and ground-bearing floor slab for the proposed building are provided in this report. Geotechnical- related recommendations are also provided for the proposed parking lot improvement. Site preparation recommendations are also given; however, those recommendations are only preliminary since the means and methods of site preparation will depend on factors that were unknown when this report was prepared. Those factors include the weather before and during construction, the water table at the time of construction, subsurface conditions that are exposed during construction, and finalized details of the proposed development.

Giles conducted a Phase I Environmental Site Assessment (ESA) for the subject site. The results of that assessment were provided under separate cover.

3.0 SITES AND PROJECT DESCRIPTION

3.1 Site Description
A new Chick-fil-A restaurant is to be constructed at 755 East Calaveras Boulevard in the City of Milpitas, California. The subject site is currently developed with a single-story building occupied by two tenants, Jenny Craig and Big 5 Sporting Goods, with associated parking lot. The site is bordered on the south by East Calaveras Boulevard, on the west by a parking lot, on the north by a parking lot and large commercial building, and on the east by North Hillview Drive.

The existing parking lot within the site is considered to be in fair condition. The property is situated at approximately latitude 37.4339o North and longitude -121.8939o West.

Other existing improvements include concrete curb and gutter, concrete walkways, landscape areas and underground utilities.

Based upon a review of the ALTA/NSPS land title survey prepared by PBLA Surveying, elevations at the site range from El. 25 feet along the northern property boundary to El. 28 feet along the southern property boundary. The site slopes slightly to the northwest. 99 Item # C6.

Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

3.2 Proposed Project Description
The proposed development includes the demolition of the existing building for the construction of a new, single-story Chick-fil-A restaurant building to be located partially within the existing building footprint. Although detailed building plans are not yet ready for our review, the new building will be a single-story wood-frame structure, 4,833 square feet, with no basement or underground levels. We were not provided with specific loading information for this project at the time of this report; however, based on previous Chick-fil-A projects, we expect maximum combined dead and live loads supported by the bearing walls and columns of 2 to 3 kips per lineal foot (klf) and 40 to 50 kips, respectively. The live load supported by the floor slab is expected to be a maximum of 100 pounds per square foot (psf).

Other planned improvements include a drive-thru lane, new parking stalls, menu board signs, a new trash enclosure, new concrete walkways, and new planter areas.

According to the Preliminary Conceptual Grading Plan, prepared by Kimley-Horn & Associates, dated August 7, 2019, the planned finish floor elevation for the proposed building will be at El.

27.36 feet. Therefore, site grading will consist of minor cut and fill (less than 1 foot) in order to establish the necessary site grade to accommodate the planned floor elevation exclusive of site preparation or over-excavation requirements necessary to create a stable site suited for the proposed development.

The traffic loading on the proposed parking lot improvement is understood to predominantly consist of automobiles with occasional heavy trucks resulting from deliveries and trash removal.

The parking lot pavement sections have been designed on the basis of daily traffic intensity equivalent to five 18-kip single axle loads and 1,500 automobiles within the main drive lanes and only automobiles of a lesser intensity within the parking stalls. Pavement designs are based on a 20-year design period. Therefore, the parking lot pavement sections have been designed on the basis of a Traffic Index (TI) of 4.5 for the automobile traffic parking stalls (light duty) and a TI of 5.5 for drive lane areas (medium duty).

4.0 SUBSURFACE EXPLORATION

4.1 Subsurface Exploration
Our subsurface exploration consisted of the drilling of five (5) test borings to depths of approximately 5 to 41-½ feet below existing ground surfaces. The approximate test boring locations are shown in the Test Boring Location Plan (Figure 1). The Test Boring Location Plan and Test Boring Logs (Records of Subsurface Exploration) are enclosed in Appendix A. Field and laboratory test procedures and results are enclosed in Appendix B and C, respectively. The terms and symbols used on the Test Boring Logs are defined on the General Notes in Appendix D.
100
Item # C6.

Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

Our subsurface exploration included the collection of relatively undisturbed samples of subsurface soil materials for laboratory testing purposes in accordance with ASTM D 3550, Standard Practice for Thick Wall, Ring-Lined, Split Barrel, Drive Sampling of Soils. Bulk samples consisted of composite soil materials obtained at selected depth intervals from the borings. The sampler was driven with successive 30-inch drops of a hydraulically operated, 140-pound automatic trip hammer. Blow counts for each 6-inch driving increment were recorded on the field exploration logs with the number of blows required to drive the standard split-spoon sampler for the last 12 of the 18 inches reported. The central portions of the driven core samples were placed in sealed containers and transported to our laboratory for testing.

Where deemed appropriate, standard split-spoon tests (SS), also called Standard Penetration Test (SPT), were also performed at selected depth intervals in accordance with the American Society for Testing Materials (ASTM) Standard Procedure D 1586. This method consists of mechanically driving an unlined standard split-barrel sampler 18 inches into the soil with successive 30-inch drops of the 140-pound automatic trip hammer. Blow counts for each 6-inch driving increment were recorded on the exploration logs. The number of blows required to drive the standard split-spoon sampler for the last 12 of the 18 inches was identified as the uncorrected standard penetration resistance (N). Disturbed soil samples from the unlined standard split-spoon samplers were placed in plastic bags and transported to our laboratory for testing.

4.2 Subsurface Conditions
The subsurface conditions as subsequently described have been simplified somewhat for ease of report interpretation. A more detailed description of the subsurface conditions at the test boring locations is provided by the logs of the test borings enclosed in Appendix B of this report.

Pavement
Existing pavement encountered within our test borings consisted of approximately 6 ½ to 7 inches of asphaltic concrete over 3 inches of aggregate base materials. Based on our visual observation, the existing pavement is in fair condition.

Soil
Possible native and native soils encountered underneath the pavement generally consisted of dry to wet, firm to hard silty clay, and medium dense fine to medium sand and clayey sand. The presence of fill at the site was not distinctly identified in our test borings due to the onsite soils relatively homogenous composition but could be at depths of about 2 feet below existing ground surface and deeper in areas of below ground structures. 101
Item # C6.

Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

Groundwater
Groundwater was encountered at a depth of about 11 feet below existing grade during our subsurface exploration. However, fluctuations of the groundwater table, localized zones of perched water, and rise in soil moisture content should be anticipated during and after the rainy season. Irrigation of landscape areas on or adjacent to the site could also cause fluctuations of local or shallow perched groundwater levels.

4.3 Percolation Testing
It is our understanding that an on-site below grade storm water infiltration system is being considered for the subject site. Therefore, one percolation test was performed to assess the infiltration characteristics of the site soils in accordance with infiltration test methods performed in general accordance with USBR 7300-89.

The percolation testing consisted of drilling a four (4) inch diameter hole using a solid-stem auger, installing a 2-inch-diameter slotted pvc casing with a solid end cap and then surrounding the casing with a granular filter pack. Clean sand was used as the filter pack. The test hole (B-1) was then pre-soaked. After pre-soaking, test water was added to the casing to a minimum depth of 1 foot above the bottom of the casing. After pre-soaking, test water was added to the casing and refilled after each consecutive percolation test reading. The drop in water level over time is the pre-adjusted percolation rate at the test location. The pre-adjusted percolation rate is generally reduced to account for the discharge of water from both the sides and bottom of the boring. The formula below was used to calculate for the tested infiltration rate.

Infiltration Rate = Pre-adjusted Percolation Rate divided by Reduction Factor Where the reduction factor (Rf) is given by:

Rf = (2di -
With: di = initial water depth (in.)
Dia = diameter of the boring (in.)
The results obtained from our percolation testing are summarized below.

TABLE 1 – PERCOLATION TEST RESULTS
Test Hole Test Depth1
(feet)
Pre-Adjusted
Percolation Rate
(in/hr)
Infiltration Rate
(in/hr) Soil Type
B-1 5.0 0 0 Silty Clay
1) Depth is referenced to the existing surface grade at the test location. 102
Item # C6.

Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

It should be noted that the infiltration rate of the on-site soils represents a specific area and depth tested and may fluctuate throughout other parts of the site.

5.0 LABORATORY TESTING
Several laboratory tests were performed on selected samples considered representative of those encountered in order to evaluate the engineering properties of the on-site soils. The following are brief description of our laboratory test results.

In Situ Moisture and Density
Tests were performed on select samples from the test borings to determine the subsoils dry density and natural moisture contents in accordance with Test Method ASTM 2216-05. The results of these tests are included in the Test Boring Logs enclosed in Appendix A.

Expansive Potential
To evaluate the expansive potential of the near surface soils encountered during our subsurface exploration, 2 composite samples (clayey sand, and silty clay) collected from Test Boring B-4 and B-5 (1 to 5 feet) were both subjected to Expansive Index (EI) testing in accordance with Test Method ASTM D 4829-08a. The results of our expansion index (EI) test indicates that the near surface clayey sand sample has a low expansion potential (EI= 22), with the silty clay sample resulting in a medium expansion index (EI = 80).

Atterberg Limits
The Atterberg Limits (liquid limit, plastic limit and plasticity index) were determined for a representative sample of the on-site soils collected from Test Boring B-4 in accordance with Test Method ASTM D 4318-00. The result of the Atterberg Limits is included on the Boring Logs enclosed in Appendix A.

Consolidation Test
Settlement predictions under anticipated loads were made on the basis of a one-dimensional consolidation test. This test was performed in general conformance with Test Method ASTM D 2435. The test sample was inundated in order to evaluate the sudden increase in moisture condition (collapse/swell potential). Results of this test indicated that the tested sample has a slight swell potential (0.5%). The results of the consolidation test are graphically presented as Figure 2 in Appendix A.
103
Item # C6.

Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

Soluble Sulfate Analysis and Soil Corrosivity
A representative sample of the near surface soils which may contact shallow buried utilities and structural concrete was performed to determine the corrosion potential for buried ferrous metal conduits and the concentrations present of water soluble sulfate which could result in chemical attack of cement. The following table presents the results of our laboratory testing.

Parameter B-4/B-5
1 to 5 feet
pH 7.65
Chloride 33 ppm
Sulfate 0.032%
Resistivity 3,300 ohm-cm
The chloride content of near-surface soils was determined for a selected sample in accordance with California Test Method No. 422. The results of this test indicated that tested on-site soils have a Low exposure to chloride.

The results of limited testing of soil pH and minimum resistivity were determined in accordance with California Test Method No. 643. The test results for pH indicated the tested soil was slightly alkaline. The results from the minimum resistivity test on a near surface bulk sample from the site generally indicate that the tested on-site soils have a moderate corrosive potential when in contact with ferrous materials. Therefore, special protection for underground cast iron pipe or ductile pipe may be warranted depending on the actual materials in contact with the pipe. We recommend that a corrosion engineer review these results in order to provide specific recommendations for corrosion protection as well as appropriate recommendations for other types of buried metal structures.

A representative sample of the near surface soils which may contact shallow buried utilities and structural concrete was performed to determine the concentrations present of water soluble sulfate which could result in chemical attack of cement. Our laboratory test data indicated that near surface soils contain approximately 0.032 percent of water soluble sulfates. Based on Section 1904.1 of the 2019 California Building Code (CBC), concrete that may be exposed to sulfate containing soils shall comply with the provisions of ACI 318-11, Section 4.3. Therefore, according to Table 4.3.1 of the ACI 318-11 a negligible exposure to sulfate can be expected for concrete placed in contact with the tested on-site soils. No special sulfate resistant cement is considered necessary for concrete which will be in contact with the tested on-site soils.

6.0 GEOLOGIC AND SEISMIC HAZARDS

6.1 Active Fault Zones
Research of available maps published by the California Geological Survey (CGS) indicates that the subject site is not located within an Alquist-Priolo Earthquake Fault Zone. The potential for fault rupture through the site is, therefore, considered to be low. The site may however be subject to strong groundshaking during seismic activity. 104
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Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

6.2 Seismic Hazard Zones
According to the Seismic Hazard Zone report for the Milpitas Quadrangle published by the CGS, the site is located within a liquefaction hazard zone. Additionally, as noted within the Seismic Hazard Zone Report, the historic high groundwater is anticipated to be about 8 feet below grade. Therefore, liquefaction analysis is deemed necessary for this site.

General types of ground failures that might occur as a consequence of severe ground shaking typically include landsliding, ground subsidence, ground lurching and shallow ground rupture.

The probability of occurrence of each type of ground failure depends on the severity of the earthquake, distance from faults, topography, subsoils and groundwater conditions, in addition to other factors. Based on our subsurface exploration and the seismic designation for this site, all of the above effects of seismic activity are considered unlikely at the site.

7.0 CONCLUSIONS AND RECOMMENDATIONS
Conditions resulting from the proposed development have been evaluated on the basis of the assumed floor elevation and engineering characteristics of the subsurface materials encountered during our subsurface investigation and their anticipated behavior both during and after construction. Conclusions and recommendations presented for the design of foundations and floor slab, along with site preparation recommendations and construction considerations are discussed in the following sections of this report.

From a soils engineering point of view, the subject property is considered geotechnically suitable for the proposed new improvements provided the following recommendations are incorporated in the design and construction of the project.

We recommend that Giles Engineering Associates, Inc. be involved in the review of the grading and foundation plans for the site to ensure our recommendations are interpreted correctly.

Based on the results of our review, modifications to our recommendations or the plans may be warranted.

Effect of Proposed Grading and Construction on Adjacent Property It is our opinion that the proposed construction and grading will be safe against geotechnical hazards from landslides, settlement, or slippage and the proposed work will not adversely affect the geologic stability of the adjacent property provided grading and construction are performed in compliance with the city code and in accordance with the recommendations presented herein. 105
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Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

7.1 Seismic Design Considerations
Faulting/Seismic Design Parameters
Research of available maps published by the California Geological Survey (CGS) indicates that the subject site is not located within an Alquist-Priolo Earthquake Fault Zone. The potential for fault rupture through the site is, therefore, considered to be low. The site may however be subject to strong groundshaking during seismic activity. The proposed structure should be designed in accordance with the current version of the California Building Code (CBC) and applicable local codes. In accordance with ASCE 7 , Chapter 20, a Site Classification D is recommended for this site based upon the mapped geological features of the site also verified by test borings.

According to the maps of known active fault near-source zones (ICBO, 1998) to be used with the CBC, the Hayward-Rodgers Creek and Calaveras faults are the closest known active faults and are located about 2.74 mi and 4.74 mi, respectively, from the site. The Hayward-Rodgers Creek fault would probably generate the most severe site ground motions at the site with an anticipated maximum moment magnitude (Mw) of 7.33.

The proposed structure should be designed in accordance with the current version of the California Building Code (CBC) , Minimum Design Loads and Associated Criteria for Buildings and Other Structures ASCE 7, and applicable local codes. The following values are determined by using the SEAOC/OSHPD Seismic Design Map Tool based upon the CBC 2019 and ASCE 7-16.

CBC 2019, Earthquake Loads
Site Class Definition (Table 20.3-1) D
Mapped Spectral Response Acceleration Parameter, Ss (for 0.2 second) 2.147 Mapped Spectral Response Acceleration Parameter, S1 (for 1.0 second) 0.829 Site Coefficient, Fa short period 1.0
Site Coefficient, Fv 1-second period 1.7
Adjusted Maximum Considered Earthquake Spectral Response Acceleration Parameter, SMS 2.147 Adjusted Maximum Considered Earthquake Spectral Response Acceleration Parameter, SM1 1.409 Design Spectral Response Acceleration Parameter, SDS 1.431 Design Spectral Response Acceleration Parameter, SD1 0.939 According to Section 11.4.7 of ASCE 7-16, a ground motion hazard analysis is required and should be performed in accordance with Section 21.2 for structures on Site Class D with S 1 greater than or equal to 0.2. However, as an exception to performing the ground motion hazard analysis, the value of the Seismic Response Coefficient (Cs) must be determined by Equation 106
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Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.
(12.8-2) for values of the
the value computed in accordance with either Equation (12.8-3) for T L (12.8-4) for T > TL.

Liquefaction
Our review of the Seismic Hazard Zone Report for the Milpitas Quadrangle indicates that the site is located within a liquefaction hazard zone. In addition, the depth to historic high groundwater is reported to be approximately 8 feet below grade. Accordingly, a detailed liquefaction analysis was deemed appropriate and was performed.

A liquefaction analysis was performed, utilizing the computer software program LiquefyPro and based on the 2019 CBC and California Geological Survey Special Publication 117A (SP117A).

For this analysis we used the soil profile identified with Test Boring B-4, a site acceleration PGAM of 0.993g as obtained from the USGS web site and determined from ASCE7-16, and an earthquake event of 6.67 as obtained from the USGS deaggregation website.

The on-site fine grained soils (clay) were evaluated to determine susceptibility to liquefaction during ground shaking in accordance with the criteria outlined within SP117A. Soils considered to be potentially susceptible to undergo seismically induced deformation during liquefaction are classified in the following manner:

1. Plastic Index (PI) < 12 and moisture content greater than 85 percent of the Liquid Limit

2. Sensitive soils with PI > 18.

3. All very loose to medium dense granular soils.

The clayey soils obtained during our subsurface exploration were tested per the CGS Special Publication 117A guidelines. Our laboratory results showed that the on-site fine grained soils have Plastic Index (PI) of about 12 and greater, and the in-place moisture contents are less than 85 percent of the liquid limit. The soils obtained during our subsurface exploration, which were considered to possibly undergo seismically induced deformation, were tested for CGS Special Publication 117A guidelines with results in the table below. Fine grained soils with PI > 18 were tested for sensitivity per ASTM D 2166-06 and were determined non-sensitive and therefore non-liquefiable.

Test Boring No. &
Depth
Liquid Limit (LL) Plastic Index (PI) In-situ Moisture Wc/LL B-4 @ 10 ft. 2 35 20 19 0.54
B-4 @ 15 ft. 2 30 16 23 0.77
B-4 @ 25 ft. 2 27 16 19 0.70
B-4 @ 30 ft. 2 35 19 21 0.60
B-4 @ 35 ft. 2 44 29 18 0.41
1Potentially liquefiable
2Non-liquefiable.
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Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

A liquefaction analysis was performed, utilizing the computer software program LiquefyPro (version 5) and based on the 2019 CBC. Based on our analysis and under the current site conditions (with a water table of 11 feet encountered during our subsurface exploration), we estimate that the maximum total seismic-induced ground settlement at the site would be approximately 0.13 inches during the design level earthquake. Based on the results of our analysis, it is our opinion that liquefaction potential at the site is very low and not significant for the proposed development. The computer output files for the analysis are provided within Appendix A (A-1).

7.2 Site Development Recommendations
The recommendations for site development as subsequently described are based upon the conditions encountered at the test boring locations and the results of our laboratory testing and liquefaction analysis. Moist to wet soil conditions, as well as low to medium expansive on-site clay, were encountered within the near surface on-site soils during our subsurface investigation.

It is expected that similar conditions are likely to be encountered during grading operations.

Grading operations may require significant provisions for drying of soils prior to compaction. In addition, due to the presence of damp to very moist, clayey on-site soils at the proposed remedial grading depths, the loads imposed by heavy rubber-tired equipment during grading may induce localized pumping of the subgrade that would require stabilization. Grading contractor should therefore include contingencies for air-drying of excessively moist soil, as well as the stabilization of excavation bottoms in their bids. Imported granular soils or lime treatment may be required for excavation stabilization of replacement of on-site soils if on-site soils cannot be air-dried on site due to space, time constraints, or weather.

Site Clearing and Demolition
Clearing and demolition operations should include the removal of all landscape vegetation and existing structural features such as building footings and floor slab, asphaltic concrete pavement and concrete curbs within the area of the proposed new building and site improvements.

Existing pavement within areas of proposed development should be removed or processed to a maximum 3-inch size and stockpiled for use as compacted fill or stabilizing material for the new development. Processed asphalt may be used as fill, sub-base course material, or subgrade stabilization material beyond the building perimeter. Processed concrete or existing base may be used as fill, sub-base course material, or subgrade stabilization material both within and outside of the building perimeter. Due to the moisture sensitivity and variable support characteristics of the on-site soils, the pavement is recommended to remain in-place as long as possible to help protect the subgrade from construction traffic disturbance.

Should any unusual soil conditions or subsurface structures be encountered during clearing/demolition operations or during grading, they should be brought to the immediate attention of the project geotechnical consultant for corrective recommendations. 108
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Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

Existing Utilities
All existing utilities should be located. Utilities that are not reused should be capped off and removed or properly abandoned in-place in accordance with city codes and ordinances. The excavations made for removed utilities that are in the influence zone of new construction are recommended to be backfilled with structural compacted fill. Underground utilities, which are to be reused or abandoned in-place, are recommended to be evaluated by the structural engineer and utility backfill is recommended to be evaluated by the geotechnical engineer, to determine their potential effect on the new development. If any existing utilities are to be preserved, construction operations must be carefully performed so as not to disturb or damage the existing utility.

Building Area
Due to the presence of variable strength and low to medium expansive characteristics of the near surface onsite soils and the likely disturbance of the soils during removal of existing building, it is recommended that the soils within the proposed new building area and an appropriate distance beyond (5 feet minimum) be overexcavated to a depth of at least 2 feet below existing grade or planned pad grade, and at least 1 foot below the bottom of foundations and floor slab whichever is lower in elevation. The soils exposed at the base of this recommended over-excavation should be examined by the geotechnical engineer to document that the soils are suitable for building support. Depending on examination by the geotechnical engineer, deeper removals may be warranted. Prior to placement of fill, the exposed surfaces approved for fill placement should first be scarified to a depth of at least 10 inches, water conditioned or air dried as required to about 2 to 4 percent above the optimum moisture content and then recompacted to at least 90% of the maximum dry density as determined by Modified Proctor (ASTM D 1557-00). A representative of the project geotechnical consultant should be present on site during grading operations to verify proper placement and adequate compaction of all fills.

Positive drainage devices such as sloped concrete flatwork, earth swales, and sheet flow gradients in landscape, setback, and easement areas should be designed for the site. The drainage system should drain to a suitable discharge area. The purpose of this drainage system is to reduce water infiltration into the subgrade soils and to direct water away from buildings and site improvements.

All utility trench backfill should be placed in lifts no greater than 12 inches in thickness, moisture conditioned and then compacted to a minimum of 90 percent of the soil’s maximum density near the optimum moisture content. A representative of the project geotechnical engineer should observe, probe, and test the backfills to document adequacy of compaction. 109
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Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

Proofroll and Compact Subgrade
The subgrades within the new pavement areas should be proofrolled in the presence of the geotechnical engineer with appropriate rubber-tire mounted heavy construction equipment or a loaded truck to detect very loose/soft yielding soil which should be removed to a stable subgrade. Following proofrolling and completion of any necessary overexcavation, the subgrades should be scarified to a minimum depth of about 12 inches, moisture conditioned and/or air dried to 2 to 4 percent above the soil’s optimum moisture content and recompacted to at least 90 percent of the Modified Proctor (ASTM D1557-00) maximum density. The upper 1 foot of the pavement subgrade should have minimum in-place density of at least 95% of the maximum dry density. The selection, placement and compaction of structural fill should be performed in accordance with the project specifications.

The Guide Specifications included in Appendix D (Modified Proctor) of this report are recommended to be used, at a minimum, as an aid in developing the project specifications. The floor slab subgrade may need to be recompacted prior to slab construction due to weather and equipment traffic effects on the previously compacted soil.

Reuse of On-site Soil
On-site material may be reused as structural
compacted fill (if needed) within the proposed building and pavement area provided they do not contain oversized materials and significant quantities of organic matter or other deleterious materials. Care should be used in controlling the moisture content of the soils to achieve proper compaction for load bearing. All subgrade soil compaction as well as the selection, placement and compaction of new fill soils should be performed in accordance with the project specifications under engineering controlled conditions.

Subgrade Protection
The near surface soils that are expected to comprise the subgrade are sensitive to water and disturbance from construction activities. Unstable soil conditions will develop if the soils are exposed to moisture increases or are disturbed (rutted) by construction traffic. The site should be graded to prevent water from ponding within construction areas and/or flowing into excavations. Accumulated water must be removed immediately along with any unstable soil.

Foundation concrete should be placed and excavations backfilled as soon as possible to protect the bearing grade. The degree of subgrade instability and associated remedial construction is dependent, in part, upon precautions taken by the contractor to protect the subgrade during site development.

Silt fences or other appropriate erosion control devices should be installed in accordance with local, state and federal requirements at the perimeter of the development areas to control sediment from erosion. Since silt fences or other erosion control measures are temporary structures, careful and continuous monitoring and periodic maintenance to remove accumulated soil and/or replacement should be anticipated.
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Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

Fill Placement
All fill should be placed in 8-inch-thick maximum loose lifts, moisture conditioned to 2 to 4 percent above the soil’s optimum moisture content, and then compacted to at least 90 percent of the Modified Proctor maximum density. A representative of the project geotechnical consultant should be present on-site during grading operations to document proper placement and compaction of all fill, as well as to verify compliance with the other geotechnical recommendations presented herein.

Import Structural Fill
Any soils imported to the site (if required) for use as structural fill should consist of very low to medium expansive (EI 1) soils. Materials designated for import should be submitted to the project geotechnical engineer no less than three working days for evaluation. In addition to expansion criteria, soils imported to the site should exhibit adequate shear strength characteristics for the recommended allowable soil bearing pressure, soluble sulfate content and corrosivity and pavement support characteristics.

7.3 Construction Considerations
Construction Dewatering
Groundwater was encountered at a depth of about 11 feet below existing grade during our subsurface exploration. However, fluctuations in the groundwater table and shallower perched water conditions may occur due to seasonal precipitation and runoff characteristics of the site.

Conventional filtered sump pumps placed in excavations are expected to be suitable for dewatering should any excess water conditions be observed.

Soil Excavation
Some slope stability problems may be encountered in steep, unbraced excavations considering the nature of the subsoils. All excavations must be performed in accordance with CAL-OSHA requirements, which is the responsibility of the contractor. Shallow excavations may be adequately sloped for bank stability while deeper excavations or excavations where adequate back sloping cannot be performed may require some form of external support such as shoring or bracing.

7.4 Foundation Recommendations
It is recommended that Giles review the foundation and grading plans for the site and if warranted provide recommendations as deemed appropriate. 111
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Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

After site clearing and completion of the building pad preparation, the proposed structure may be supported by a shallow foundation system. Footings that will support the bearing walls and isolated columns may be designed for a maximum, net, allowable soil-bearing pressure of 3,000 pounds per square foot (psf). Minimum footing widths are recommended to be 18 and 24 inches for walls and columns, respectively, regardless of the calculated soil bearing pressure. The recommended allowable soil bearing pressure may be increased by one-third for short term wind and/or seismic loads.

Reinforcing
The recommended minimum quantity of longitudinal reinforcing within new strip footings is four No. 5 bars (2 top and 2 bottom) continuous through column pads within the strip footings. The recommended quantity of longitudinal reinforcing pertains to a minimum 12-inch thick and a maximum 24-inch wide footing pad; additional reinforcing may be necessary if a thinner or wider footing pad is used to develop equivalent rigidity. Conventional reinforcing is considered suitable in isolated column pad footings. The final design of the foundations as well as performed by the project structural engineer.

Lateral Load Resistance
Lateral load resistance will be developed by a combination of friction acting at the base of foundations and slabs and the passive earth pressure developed by footings below grade.

Passive pressure and friction may be used in combination, without reduction, in determining the total resistance to lateral loads. A one-third increase in the passive pressure value may be used for short duration wind or seismic loads.

A coefficient of friction of 0.35 may be used with dead load forces for footings placed on newly placed compacted fill soil. An allowable passive earth pressure of 250 psf per foot of footing depth (pcf) below the lowest adjacent grade may be used for the sides of footings placed against newly placed structural fill or competent onsite soils. The maximum recommended allowable passive pressure is 2,000 psf.

Bearing Material Criteria
Soil suitable to serve as the foundation bearing grade should exhibit at least a loose relative density (average N value of at least 8) for non-cohesive soils, and an unconfined compressive strength of 1.5 tsf for cohesive soils, for the recommended 3,000 psf allowable soil bearing pressure. For design and construction estimating purposes, suitable bearing soils are expected to be encountered at nominal foundation depths following the recommended site preparation activities. However, field testing by the Geotechnical Engineer within the foundation bearing soils is recommended to document that the foundation support soils possess the minimum strength parameters noted above. If unsuitable bearing soils are encountered, they should be recompacted in-place, if feasible, or excavated to a suitable bearing soil subgrade and to a lateral extent as defined by Item No. 3 of the enclosed Guide Specifications, with the excavation backfilled with structural compacted fill to develop a uniform bearing grade. 112
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Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

Foundation Embedment
The California Building Code (CBC) requires a minimum 12-inch foundation embedment depth.

However, it is recommended that any new exterior foundations extend at least 18 inches below the adjacent exterior grade for bearing capacity consideration. New interior footings may be supported at nominal depth below the floor. All footings must be protected against weather and water damage during and after construction, and must be supported within suitable bearing materials.

Estimated Foundation Movement
Post-construction total and differential settlement of a shallow foundation system designed and constructed in accordance with the recommendations provided in this report are estimated to be less than ¾ and ½ inch, respectively, for static and seismic conditions. The estimated differential movement is anticipated to result in an angular distortion of about 0.002 inches per inch on the basis of a minimum clear span of 20 feet. The maximum estimated total and differential movement is considered within tolerable limits for the proposed structure provided it is considered in the structural design.

7.5 Floor Slab Recommendations
Subgrade
The floor slab subgrade should be prepared in accordance with the appropriate recommendations presented in the Site Development Recommendations section of this report.

Foundation, utility trenches and other below-slab excavations should be backfilled with structural compacted fill in accordance with the project specifications.

Design
The floor of the proposed building may be designed and constructed as a conventional slab-on- grade supported on a properly prepared subgrade. If desired, the floor slab may be poured monolithically with perimeter foundations where the foundations consist of thickened sections thereby using a turned-down slab construction technique. The minimum slab reinforcing for geotechnical considerations is recommended to consist of No. 3 rebars at 18 inches on center, each way. Based on the recommended reinforcing and the assumed live loading, the slab is recommended to be a minimum of 4 inches in thickness. A qualified structural engineer should perform the actual design of the slab to ensure proper thickness and reinforcing.

The slab is recommended to be underlain by a 4-inch thick layer of granular material. A minimum 10-mil synthetic sheet should be placed below the floor slab to serve as a vapor retarder where required to protect moisture sensitive floor coverings (i.e. tile, or carpet, etc.). 113
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Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

The vapor retarder is recommended to be in accordance with ASTM E 1745-11, which is entitled: Standard Specification for Plastic Water Vapor Retarders Used in Contact with Soil or Granular Fill under Concrete Slabs . The sheets of the vapor retarder material should be evaluated for holes and/or punctures prior to placement and the edges overlapped and taped. If materials underlying the synthetic sheet contain sharp, angular particles, a layer of coarse sand (Sand Equivalent>30) approximately 2 inches thick or a geotextile should be provided to protect it from puncture. An additional 2-inch thick layer of coarse sand may be needed between the slab and the vapor retarder to promote proper curing. The sand layers above and below the synthetic sheeting may be used as a substitute for the granular material below the slab. Proper curing techniques are recommended to reduce the potential for shrinkage cracking and slab curling.

Estimated Settlement
Post-construction total and differential movements of the floor slab designed and constructed in accordance with the recommendations provided in this report are estimated to be less than ½ expected when the foundation and floor slab are structurally connected or constructed monolithically. The estimated differential movement is anticipated to occur across the short dimension of the structure. The maximum total and differential movement is considered within tolerable limits for the proposed structure, provided that the structural design adequately considers this distortion.

7.6 New Pavement
The following recommendations for the new pavement are intended for vehicular traffic associated with the restaurant development within the subject property.

Pavement Subgrades
Following completion of the recommended subgrade preparation procedures, the subgrade in areas of new pavement construction are expected to consist of soil that exhibits a low expansion potential. The anticipated subgrade soils are classified as fair subgrade material with estimated R-value of 10 to 20 when properly prepared based on the Unified Soil Classification System designation of CL. An R-value of 10 has been assumed in the preparation of the pavement design. It should however, be recognized that the City of Milpitas may require a specific R-value test to verify the use of the following design. It is recommended that this testing, if required, be conducted following completion of rough grading in the proposed pavement areas so that the R-value test results are indicative of the actual pavement subgrade soils. Alternatively, a minimum code pavement section may be required if a specific R-value test is not performed. To use this R-value, all fill added to the pavement subgrade must have pavement support characteristics at least equivalent to the existing soils, and must be placed and compacted in accordance with the project specifications. 114
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Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R

_________________________________________________________________________ GILES ENGINEERING ASSOCIATES, INC.

Asphalt Pavements
The following table presents recommended thicknesses for a new flexible pavement structure consisting of asphaltic concrete over a granular base, along with the appropriate CALTRANS specifications for proper materials and placement procedures. A pavement section has been provided for use in parking stall area due to the anticipated lower traffic intensity in this area.

Pavement recommendations are based upon CALTRANS design parameters for a twenty-year design period and assume proper drainage and construction monitoring. It is, therefore, recommended that the geotechnical engineer monitors and tests subgrade preparation, and that the subgrade be evaluated immediately before pavement construction.

Portland Concrete Pavements
Portland Cement Concrete pavements are recommended in areas where traffic is concentrated such as the entrance/exit aprons as well as areas subjected to heavy loads such as the trash enclosure loading zone. The preparation of the subgrade soils within concrete pavement areas should be performed as previously described in this report. Portland Cement Concrete pavements in low and high stress areas are recommended to be at least 6 inches thick containing No. 3 bars at 18-inch on-center both ways placed at mid-height. The pavement should be constructed in accordance with Section 40 of the CALTRANS Standard Specifications. A minimum 4-inch thick layer of aggregate base course (CALTRANS Class 2) is recommended below the concrete pavement. This base course should be compacted to at least 95% of the material’s maximum dry density.

The maximum joint spacing within new Portland Cement Concrete pavements is recommended to be 12 feet to control shrinkage cracking. Load transfer reinforcing is recommended at construction joints perpendicular to traffic flow if construction joints are not properly keyed. In

ASPHALT PAVEMENTS
Materials Thickness (inches) CALTRANS
SpecificationsParking Stalls Drive Lanes
Asphaltic Concrete
Surface Course (b) 1 1 Section 39, (a)
Asphaltic Concrete
Binder Course (b) 2 2 Section 39, (a)
Crushed Aggregate
Base Course 6 9 Section 26, Class 2 (R-value at least 78) NOTES:
(a) Compaction to density between 95 and 100 percent of the 50-Blow Marshall Density (b) The surface and binder course may be combined as a single layer placed in one lift if similar materials are utilized.
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Geotechnical Engineering Exploration and Analysis
Proposed Chick-fil-A Restaurant #4483
755 East Calaveras Boulevard
Milpitas, California
Project No. 2G-1904001-R