SPECIAL MEETING OF THE MILPITAS
CITY COUNCIL
August 9, 2022 Milpitas City Council Agenda Page 1
AG END A
TUESDAY, AUGUST 9, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 6:00 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_VzwgqkOfT_mgA1LOIri61Q 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 August 9, 2022 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by Acting City Clerk (6:00 PM)
PLEDGE OF ALLEGIANCE
INVOCATION (Councilmember Phan)
PRESENTATIONS (6:05 PM)
American Muslim Appreciation Month (Proclamation)
PUBLIC FORUM (6:10 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 (6:15 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 (6:25 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 City Council Calendar of Meetings for August 2022 (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for August 2022.
C2. Approve City Council Special Meeting minutes of June 14, 2022, Regular Meeting minutes of June 21, 2022, Special Meeting minutes of July 7, 2022, and Special Meeting minutes of July 11, 2022 (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001) Recommendation: Approve City Council Special Meeting minutes of June 14, 2022, Regular Meeting minutes of June 21, 2022, Special Meeting minutes of July 7, 2022, and Special Meeting minutes of July 11, 2022.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001) 2 August 9, 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:
Suzanne Guzzetta, Acting City Clerk, 408-586-3001)
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. 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.
C6. Adopt a Resolution Granting Acceptance of Public Improvements and Approve Reduction of Faithful Performance Bond for Public Improvements for the Anton Ascend (730) and Anton Aspire (750) Residential Projects and Granting Authorization to the Engineering Director/City Engineer to Release the Performance Bond after the One-year Warranty Period. (Staff Contact:
Steve Erickson, Director of Engineering/City Engineer, 408-586-3301) Recommendation: Adopt a resolution granting acceptance of public improvements for the Anton Ascend and Anton Aspire Residential Projects as shown on Public Improvement Plans No. 2-1228 and 2-1229; and approve a reduction in the performance bonds for the Projects, subject to the one-year warranty period and reduction of the faithful performance bonds to $82,000.00 and $69,500.00 respectively which shall be in effect for the duration of the warranty period; and grant authorization to the Engineering Director/City Engineer to release the performance bonds after the one-year warranty period, without further City Council action provided all required warranty work is completed to the satisfaction of the Engineering Director/City Engineer.
C7. Adopt a Resolution Granting Acceptance of Public Improvements and Approve Reduction of Faithful Performance Bond for Public Improvements for the Centre Pointe – Summerhill Phase 1A Residential Project and Granting Authorization to the Engineering Director/City Engineer to Release the Performance Bond after the One-Year Warranty Period; (Staff Contact: Steve Erickson, Director of Engineering/City Engineer, 408-586-3301) Recommendation: Adopt a resolution granting acceptance of the completed public improvements for the Centre Pointe – Summerhill Phase 1A Residential Project as shown on Public Improvement Plans No. 2-1221; and approve a reduction in the faithful performance bond to $166,100.00, which is 10% of the security’s original value which shall be in effect for the duration of the warranty period; and grant authorization to the Engineering Director/City Engineer to release the performance bond after the oneyear warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the Engineering Director/City Engineer.
C8. Approve Budget Appropriation of $103,602.00 in Fiscal Year 2022/2023 California Transportation Development Act Article 3 (TDA-3) Funding for use in City Capital Improvement Program Project No. 4283 American Disability Act (ADA) Curb Ramp Transition Program (Staff Contact: Steve Chan, Transportation and Traffic Manager, 408-586-3324) 3 August 9, 2022 Milpitas City Council Agenda Page 4
Recommendation: Approve budget appropriation of $103,602.00 in Fiscal Year 2022/2023 California Transportation Development Act Article 3 (TDA-3) Funding for use in City Capital Improvement Program Project No. 4283 American Disability Act (ADA) Curb Ramp Transition Program C9. Approve and Authorize the City Manager to Execute a Stormwater Management Facilities Operation and Maintenance Agreement for S&B Milpitas, LLC for the Lantana at 720 Montague Expressway. (Staff Contact: Steve Erickson, Director of Engineering/City Engineer, 408-586- 3301)
Recommendation: Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement for S&B Milpitas, LLC for Lantana at 720 Montague Expressway.
C10. Consider Recommendations from Mayor Tran for Appointments to City Commissions (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001) Recommendation: Receive Mayor Tran’s recommendations and approve the appointments to City Commissions.
C11. Accept Commissioner Resignations (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408- 586-3001)
Recommendation: Accept the resignations of Aileen Zhong from the Community Advisory Commission and Cecelia Hutnick from the Arts Commission; and direct the Acting City Clerk to post the notice of unscheduled vacancies.
C12. 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.
PUBLIC HEARINGS (7:00 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.
13. 2022 Weed Abatement Assessment Public Hearing and Adopt a Resolution to Confirm the Assessment Report (Staff Contact: Arthur Belton, Deputy Fire Chief / Fire Marshal, 408-586- 3384)
Recommendation: Conduct a Public Hearing and Adopt a Resolution Confirming the 2022 Weed Abatement Assessment Report and the Assessment List to be Entered into the Tax Assessment Rolls.
14. Adopt a Resolution Certifying Election Results and Adding the Property Located at 150 Market Street into Community Facilities District No. 2008-1 (Annexation No. 23) (Staff Contact: Steve Erickson, Director of Engineering/City Engineer, 408-586-3301) Recommendation: Following receipt of election results from the Acting City Clerk, adopt a resolution certifying election results and adding the property located at 150 Market Street into Community Facilities District No. 2008-1 (Annexation No. 23).
4 August 9, 2022 Milpitas City Council Agenda Page 5
15. Conduct a Public Hearing, Adopt a Resolution to Adopt the Climate Action Plan Update and the Addendum to the General Plan Environmental Impact Report and Approve a related Budget Amendment (Staff Contact: Elaine Marshall, Deputy Public Works Director, 408-586-2603) Recommendation: (1) Open the public hearing for comments and move to close the hearing; (2) adopt a Resolution to Adopt the Climate Action Plan Update and the Addendum to the Milpitas General Plan 2040 EIR for the Milpitas Climate Action Plan Update; (3) approve a Budget Appropriation in the amount of $150,000 to CIP #3416 for near term implementation of the Climate Action Plan Update.
16. Conduct a Public Hearing and Adopt the Milpitas Water, Sewer, and Storm Master Plans and Addendum to the Environmental Impact Report for the Milpitas General Plan (Staff Contact:
Tony Ndah, Public Works Director, 408-586-2602)
Recommendation: (1) Open the public hearing for comments and move to close the hearing; (2) approve resolution to adopt Water Master Plan and direct staff to return with a five-year rate study by December 2022; (3) approve resolution to adopt Sewer Master Plan and direct staff to return with a five-year rate study by December 2022; (4) approve resolution to adopt Storm Master Plan and direct staff to return to Council with various funding options for the Stormwater System by December 2022; and (5) approve resolution to adopt the City of Milpitas Utility Master Plans – Addendum to the Environmental Impact Report for the Milpitas General Plan.
17. Conduct a Public Hearing and Introduce an Ordinance Amending Sections of Chapter 10, Title XI of the Milpitas Municipal Code Relating to Non-Residential Building Heights (Staff Contact:
Ned Thomas, Planning Director, 408-586-3273)
Recommendation: (1) Conduct a public hearing and move to close the hearing following comments; (2) City Attorney shall read aloud title of the Ordinance; (3) move to waive the first reading beyond the title and introduce an Ordinance amending sections of Chapter 10 of Title XI of the Milpitas Municipal Code relating to Non-Residential Building Heights and determine that the Municipal Code amendment is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a General Plan) and 15061(b)(3) (Common Sense Exemption).
18. Conduct a Public Hearing and Introduce an Ordinance Amending Sections of Chapter 10, Title XI (Zoning) and sections of Chapter 213, Title V (Noise Abatement) of the Milpitas Municipal Code Relating to Outdoor Music in Bars and Restaurants and Review and Permitting Requirements for Special Events (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Recommendation: (1) Conduct a public hearing and move to close the hearing following comments; (2) City Attorney shall read aloud title of the Ordinance; (3) move to waive the first reading beyond the title and introduce an Ordinance amending sections of Chapter 10 of Title XI (Zoning) and Chapter 213 of Title V (Noise Abatement) of the Milpitas Municipal Code relating to Outdoor Music in Bars and Restaurants and Review and Permitting Requirements for Special Events and determine that the Municipal Code amendment is exempt from California Environmental Quality Act pursuant to CEQA Guidelines Sections 15183 (Projects Consistent with a General Plan) and 15061(b)(3) (Common Sense Exemption).
COMMUNITY DEVELOPMENT (9:30 PM)
19. Receive Progress Report on The Work Completed and Existing Conditions Analysis from Raimi and Associates and Staff on the Housing Opportunity Zones, Discuss Project Objectives and Priorities, and Provide Direction on Key Planning Concepts and Land Use Strategies (Staff Contact: Ned Thomas, Planning Director, 408-586-3273 and Jay Lee, Principal Planner, 408-586- 3077)
5 August 9, 2022 Milpitas City Council Agenda Page 6
Recommendation: Receive progress report on the work completed and existing conditions analysis from Raimi and Associates and staff on the Housing Opportunity Zones, discuss Project objectives and priorities, and provide direction on key planning concepts and land use strategies.
ADJOURNMENT (10:30 PM)
KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations 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.milpitas.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.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)
APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.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’s Office at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
6 Updated 8/4/22
MILPITAS CITY COUNCIL CALENDAR
August 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 7:00 PM-Parks, Recreation &
Cultural Resources Commission
(CM)
2 3
2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM)
5:30 PM-Veterans Commission
(RT)
7:00 PM-Community Advisory
Commission (EC)
4 5:30 PM-Milpitas Chamber of
Commerce Board (EC)
5:30 PM-Santa Clara VTA Board
of Directors (CM)
5 6
7 8
4:30 PM-Economic Development
and Trade Commission (KD)
9 4:00 PM-Milpitas HOPE Suicide
Prevention Task Force
6:00 PM-Special City Council
10 7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
7:00 PM-Planning Commission
11 4:00 PM-Treatment Plant
Advisory Committee (CM)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
4:00 PM-Special Transportation
Subcommittee (RT/CM)
7:00 PM-Youth Advisory
Commission (EC)
7:00 PM-Cities Assoc of SCC
(CM)
12 *4:30 PM-City Council Finance
Subcommittee (RT/CM)
13 14 15
7:00 PM-Science, Technology,
and Innovation Commission (RT)
16 ?:00 PM-Closed Session
7:00 PM-City Council
17 6:00 PM-Energy and
Environmental Sustainability
Commission (EC)
18 19 20
21 22 23
1:30 PM-Senior Advisory
Commission (EC)
24 12:00 PM-Santa Clara Valley
Water District - Water
Commission (CM)
5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (AP)
7:00 PM-Planning Commission
25 26 27
28 29 30 31
6:00 PM-Special Planning
Commission
*Finance Subcommittee will only meet as needed
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 September 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
7 Item # C1.
SPECIAL MEETING OF THE
MILPITAS CITY COUNCIL
June 14, 2022 Milpitas City Council Agenda Page 1
MINUTES
TUESDAY, JUNE 14, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 5:30 PM
The City Council of the City of Milpitas convened for a Special City Council meeting on June 14, 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 (arrived at approximately 6:00 PM)
ABSENT: None
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.
ADJOURN TO CLOSED SESSION
* (a) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
One Potential Case
City as Defendant
Resolution No. 9171 - A Resolution of the City Council of the City Of Milpitas, California, 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
CLOSED SESSION ANNOUNCEMENT:
City Attorney Mutalipassi reported that Council unanimously gave direction to staff.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.
PRESENTATIONS
There were no presentations.
8 Item # C2.
June 14, 2022 Milpitas City Council Agenda Page 2
PUBLIC FORUM
There were no speakers.
ANNOUNCEMENTS
Mayor Tran requested staff add the India Independence Day flag-raising for the month of August to the next City Council Agenda and commented on the Eagle Scouts requesting a ceremony at City Hall.
Councilmember Dominguez requested a fee waiver for a fund-raising event on August 28 at the Milpitas Skate Park.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS 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 the Code of Conduct.
APPROVAL OF AGENDA
Motion: to approve the June 14, 2022, Special Meeting Agenda.
Motion/Second: Mayor Tran / Councilmember Dominguez
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
CONSENT CALENDAR
Motion: to approve the Consent Calendar.
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
1. Approve and Authorize the City Manager to Execute Amendment Two to the Lease Agreement between the City and Casetronic Engineering Group for the Temporary Fire Station Facility Located at 1126 Yosemite Drive, Project No. 3447( Staff: Steve Erickson, Engineering Director/City Engineer, 408-586-3301, Alex Andrade, Economic Development Director, 408-586- 3046)
Approved and authorized the City Manager to execute Amendment Two to the Lease Agreement between the City and Casetronic Engineering Group for the Temporary Fire Station Facility located at 1126 Yosemite Drive, Project No. 3447.
9 Item # C2.
June 14, 2022 Milpitas City Council Agenda Page 3
PUBLIC HEARING
2. Conduct a Public Hearing to Approve the FY2022-25 Consolidated Plan, FY2022-23 Community Development Block Grant Funding Allocations and Corresponding Annual Action Plan, and a Substantial Amendment to the FY2019-20 Annual Action Plan (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260)
Building Safety and Housing Director Goei presented the staff report.
Motion: to open the public hearing.
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
The following spoke:
1. Lindsey Mansfield
2. Teresa Johnson
3. Georgia Bacil
4. Alaina Purcell Schroeder
5. Mira Chandra
6. Marina Sanchez
7. Gloria Baxter
8. Linda Phillips
9. Anna Liza Navarro
Motion: to close the public hearing.
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
After discussion, motion: to adopt the FY2022-25 Consolidated Plan; Adopt the FY2022-23 Annual Action Plan with recommended allocation amounts; approve the Substantial Amendment to the FY2019-20 Annual Action Plan; authorize the City Manager, or designee, to make any necessary changes to the approved FY2022-25 Consolidated Plan, FY2022-23 Annual Action Plan, and FY2019- 20 Annual Action Plan as needed to comply with CDBG submission guidelines; and authorize the City Manager, or designee, to execute CDBG agreements with the approved sub-recipients and amend the CDBG agreements as needed to comply with CDBG guidelines.
Motion/Second: Vice Mayor Montano / Councilmember Chua
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
10 Item # C2.
June 14, 2022 Milpitas City Council Agenda Page 4
COMMUNITY DEVELOPMENT
3. Receive a Presentation and Provide Direction to Staff on a Proposed Zoning Ordinance Amendment amending Sections of Chapter 10, Title XI of the Milpitas Municipal Code Relating to Maximum Building Heights (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Planning Director Thomas introduced the item, and Senior Planner Lillian VanHua presented the staff report.
The following spoke:
1. Bill Korbe
2. Linda Dominguez
3. Frank Bust
4. John Doll
Staff responded to questions from the City Council. Council spoke in support of the proposed Zoning Ordinance Amendment setting forth regulations related to maximum building heights in certain zoning districts. Councilmember Phan voiced concerns with city-wide policy implementation due to potential economic development impacts and stated he could not fundamentally support this item.
COMMUNITY SERVICES
4. Receive a Presentation on the Pilot Street Sweeping Program and Provide Direction to Staff (Staff Contact: Elaine Marshall, Deputy Public Works Director, 408-586-2603) Deputy Public Works Director Marshall presented the staff report.
Staff responded to clarifying questions from the City Council. Council provided feedback supporting the program and advocated expanding the program to additional areas.
ADJOURNMENT
Vice Mayor Montano asked for a moment of silence for former Fire Battalion Chief Johnny Crane, Jr. Fire Chief Sherrard commented on former Fire Battalion Chief Johnny Crane, Jr.’s service with the City of Milpitas. Mayor Tran adjourned the meeting at 7:56 PM.
Draft meeting minutes submitted by Acting City Clerk, Suzanne Guzzetta 11 Item # C2.
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
June 21, 2022 Milpitas City Council Agenda Page 1
MINUTES
TUESDAY, JUNE 21, 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 21, 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 7:00 PM. Roll call was taken by City Clerk Wood.
PRESENT: Mayor Tran, Vice Mayor Montano, Councilmembers Chua, Dominguez, and Phan (arrived at approximately 7:03 PM)
ABSENT: None
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.
INVOCATION
Vice Mayor Montano introduced Juliette Gomez to lead the Invocation.
PRESENTATIONS
Mayor Tran presented a commendation and a key to the City to retiring Deputy Fire Chief Albert Zamora.
Councilmember Chua presented commendations of appreciation to businesses that supported other organizations in the community through the Chamber of Commerce events.
Vice Mayor Montano presented commendations in recognition of the Russell Girls Volleyball Team.
PUBLIC FORUM
The following people spoke under Public Forum:
1. Barbara Navarro
2. Voltaire Montemayor
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
City Manager McHarris made the following announcements:
1. The City of Milpitas will host a virtual community workshop on the City’s Housing Element on June 28, covering potential housing locations and existing and new proposed housing programs. For more information, go to MilpitasHousingElement.com.
12 Item # C2.
June 21, 2022 Milpitas City Council Agenda Page 2
2. The City of Milpitas will host a virtual community workshop to provide a status update on the Milpitas Gateway Main Street Specific Plan. For more information, go to MilpitasMainStreet.org.
Mayor Tran announced the State of the City and Commissioner Appreciation event will be held on Thursday, June 23 at 5:30 PM at the Veteran Plaza. Mayor Tran made the following requests:
1. City staff apply for the “Better Cities for Pets” certification.
2. Call a Special City Council meeting next Tuesday for a closed session City Manager Performance Evaluation.
Councilmember Dominguez recognized organizations for their efforts in supporting the Juneteenth Independence Day and promoting a Filipino recognition event. She also wanted to recognize June as Pride Month and commented on supporting the LGBTQ+ community.
Councilmember Chua commented on Assembly Bill 1740 which will require core recyclers to keep records of the year, make, and model of the vehicle a catalytic converter was removed from. She also commented on Assembly Bill 2407 which will require core recyclers to report information gathered from sellers to the police, obtain and keep the seller's thumbprint for two years, and receive theft alert notifications regarding the theft of catalytic converters.
Councilmember Dominguez requested the following items:
1. Agendize a discussion for the first meeting in August to move the November 8 meeting date to a nonelection day. By a show of hands, there was not a majority in favor of this item.
2. Agendize a discussion to add a section to the Councilmember handbook to address anti-harassment or bullying against the community by an elected official. By a show of hands, there was not a majority in favor of this item.
Vice Mayor Montano announced she attended the Filipino American South Bay summer picnic at Cardoza Park, attended the Cities Association end-of-the-year meeting, and commented on the need to restripe Great Mall Parkway.
Councilmember Chua announced she attended the Filipino American South Bay summer picnic at Cardoza Park, an appreciation dinner for Marico Sayoc, and thanked staff for fixing the pool and sound system at Milpitas Sports Center.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS 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
Vice Mayor Montano read the Code of Conduct.
APPROVAL OF AGENDA
Motion: to approve the June 21, 2022, regular meeting agenda.
Motion/Second: Mayor Tran / Councilmember Dominguez
Motion carried by the following:
13 Item # C2.
June 21, 2022 Milpitas City Council Agenda Page 3
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
CONSENT CALENDAR
Vice Mayor Montano asked to remove item C21.
Motion: to approve the consent calendar with the removal of item C21.
Motion/Second: Mayor Tran / Councilmember Chua
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 and July 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Received 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)
Approved 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)
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. 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) Authorized the City Manager to accept grant funding from CalRecycle’s one-time Senate Bill 1383 local assistance grant and approved a 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) Approved and authorized 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 the Expansion of After the Bell for the Extended Learning Opportunities Program (Staff Contact:
Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Authorized City Manager to enter into a Memorandum of Understanding with the MUSD for expansion of After the Bell for the Extended Learning Opportunities Program. 14 Item # C2.
June 21, 2022 Milpitas City Council Agenda Page 4
C8. Approve the Accounts Receivable Write-offs for the Fiscal Year Ending June 30, 2022 (Lauren Lai, Finance Director, 408-586-3111)
Approved 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) Approved and authorized 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) Approved and authorized 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 approved and authorized 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)
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 determine by a unanimous 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) Approved and authorized the City Manager to execute and sign the Amended and Restated Weed Abatement Agreement between the 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)
Approved 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)
15 Item # C2.
June 21, 2022 Milpitas City Council Agenda Page 5
Received 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) Adopted Resolution No. 9172 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)
Moved to waive the second reading and adopted 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 I310-3.160 of the Code (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) Moved to waive the second reading and adopted 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) Adopted Resolution No. 9173 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) Accepted the Water and Wastewater Arrearage Grants from the Water State Board; authorized a subsidy for residential accounts with an outstanding balance of 85 days and over; and approved 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)
Received Mayor Tran’s recommendation and approved the appointment to Economic Development and Trade Commission.
16 Item # C2.
June 21, 2022 Milpitas City Council Agenda Page 6
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) This item was pulled from consent.
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)
Moved 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) Authorized 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) Approved and authorized 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) Adopted Resolution No. 9174 to amend Resolution No. 1626 the City of Milpitas’ Classification Plan to approve and adopted 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) Adopted Resolution No. 9175 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) Approved and authorized 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) Approved the Donation and Fee Waiver/Reduction City Council Policy. 17 Item # C2.
June 21, 2022 Milpitas City Council Agenda Page 7
PUBLIC HEARINGS
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 the Fiscal Year 2022-23 (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301)
Principal Engineer Alonzo presented the staff report.
Motion: to open the public hearing.
Motion/Second: Mayor Tran / Vice Mayor Montano
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Vice Mayor Montano, Mayor Tran NOES: None
ABSENT: Councilmember Phan
The following spoke:
1. Voltaire Montemayor
Motion: to close the public hearing.
Motion/Second: Mayor Tran / Vice Mayor Montano
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Vice Mayor Montano, Mayor Tran NOES: None
ABSENT: Councilmember Phan
Motion: to adopt Resolution No. 9176 confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 98-1, Sinclair Horizon for the Fiscal Year 2022-23.
Motion/Second: Councilmember Chua / Mayor Tran
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
*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 the Fiscal Year 2022-23 (Staff Contact Steve Erickson, Engineering Director, 408-586- 3301)
*Item was taken out of order following item 31.
Principal Engineer Alonzo presented the staff report.
Motion: to open the public hearing.
Motion/Second: Mayor Tran / Vice Mayor Montano
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
18 Item # C2.
June 21, 2022 Milpitas City Council Agenda Page 8
The following spoke:
1. Voltaire Montemayor
Motion: to close the public hearing.
Motion/Second: Mayor Tran / Vice Mayor Montano
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
Motion: to adopt Resolution No. 9177 confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch for the Fiscal Year 2022-23.
Motion/Second: Councilmember Chua / Mayor Tran
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
COMMUNITY DEVELOPMENT
*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)
*Item was taken out of order following item 29.
Planning Director Thomas introduced the item and Associate Planner Atkins presented the staff report.
Vice Mayor Montano requested the recommendation language be changed to “prohibit the sale of flavored tobacco and electronic cigarette products in Milpitas.” The following spoke:
1. Voltaire Montemayor
2. Carol Baker
3. Jade Chao
4. Dipti Venkatesh
5. Saanvi Kotha
6. Tanya Payyappilly
7. Vanessa Marvin
8. Shiv Pandya
9. Carys Nguyen
Vice Mayor Montano stated she supports having the County provide oversight of the program.
Councilmember Chua supported a partnership with the County.
Councilmember Dominguez stated she supports recommendations to partner with Santa Clara County.
Mayor Tran requested staff remove two of the ashtrays at City Hall, one in the Veterans Plaza and one by the parking lot near the front entrance.
19 Item # C2.
June 21, 2022 Milpitas City Council Agenda Page 9
The consensus of the City Council was to move forward with establishing a local tobacco retail permitting program in partnership with Santa Clara County to regulate tobacco retail locations and prohibit the sale of flavored tobacco and electronic cigarette products in Milpitas.
COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE
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) Public Works Director Ndah presented the staff report.
Mayor Tran asked if the use of the “white bags” can be continued.
Representatives from Waste Connections commented on the Mayor’s question and provided information on the contract.
Deputy Public Works Director Marshall provided additional information.
The following spoke:
1. Juliette Gomez
2. Voltaire Montemayor
After discussion, motion: to authorize the 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 with an amendment to strike out the following language from the Fourth Amendment to the Franchise Agreement “Additionally, Contractor shall cease requiring and providing “White Bags” for bulky item pick-ups.”
Motion/Second: Vice Mayor Montano / Mayor Tran
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
LEADERSHIP AND SUPPORT SERVICES
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)
City Attorney Mutalipassi presented the staff report.
Councilmember Dominguez made a motion to rescind Resolution No. 9171 and include language in the resolution for a lifetime term limit to the Mayoral seat capping it at six years with no cooling-off period.
This motion failed due to the lack of a second
The following spoke:
20 Item # C2.
June 21, 2022 Milpitas City Council Agenda Page 10
1. Voltaire Montemayor
2. Frank Bush
3. Juliette Gomez
4. Barbara Navarro
After discussion, motion: to rescind Resolution No. 9171; and approve Resolution No. 9178 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 the Mayoral and City Council Member service, at a General Municipal Election to be consolidated with the Statewide General Election to be held on November 8, 2022, and setting rules for arguments and rebuttals for and against said measure with an amendment to change the ballot question language to “Shall an ordinance be adopted amending the Milpitas Municipal Code to shorten Councilmember term limits by establishing for both Councilmember and Mayor, effective with the November 8, 2022 General Municipal Election, a ten consecutive year limit on combined Mayoral and City Councilmember service, with a six-year limit on Mayoral service, followed by a two-year “cooling off” period, during which a person may not serve as Mayor or Councilmember?” Mayor Tran further requested that the Mayor and Vice Mayor prepare the argument in favor of the measure on behalf of the City Council, to which Vice Mayor Montano agreed as part of her motion.
City Attorney Mutalipassi asked for clarification on whether the Council wishes to print the text of the ballot measure.
Mayor Tran stated they would like to be consistent with what they did for Measure F.
Motion/Second: Vice Mayor Montano / Mayor Tran
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ITEM REMOVED FROM CONSENT
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) Vice Mayor Montano asked about creating a subcommittee.
Deputy City Manager Rossmann stated the subcommittee will be agendized for the first meeting in August.
The following spoke:
1. Voltaire Montemayor
Motion: to approve the City Council Policy for Naming Streets, Parks, and Facilities.
Motion/Second: Councilmember Chua / Mayor Tran
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
21 Item # C2.
June 21, 2022 Milpitas City Council Agenda Page 11
ADJOURNMENT
Mayor Tran adjourned the meeting at 10:03 PM.
Draft meeting minutes submitted by Acting City Clerk, Suzanne Guzzetta 22 Item # C2.
JOINT SPECIAL MEETING OF THE
MILPITAS CITY COUNCIL AND
CONGRESSMAN RO KHANNA
July 7, 2022 Milpitas City Council Agenda Page 1
MINUTES
THURSDAY, JULY 7, 2022
COMMITTEE MEETING ROOM (1ST FLOOR) MILPITAS CITY HALL
The City Council of the City of Milpitas convened for a Special City Council meeting on July 7, 2022, at 10:45 a.m. in person in the Committee Meeting Room at City Hall, 455 E. Calaveras Blvd., Milpitas.
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Councilmember Phan called the Special City Council meeting to order at 10:59 AM. Roll Call was taken by City Clerk Wood.
PRESENT: Councilmembers Chua, Dominguez, and Phan
ABSENT: Mayor Tran and Vice Mayor Montano,
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by City Manager McHarris.
AGENDA ITEMS
1. Federal Community Project Funding Request: Carbon Neutral Homes Incentive Program City Manager McHarris introduced the item.
Deputy Public Work Director Marshall and a representative from Silicon Valley Clean Energy gave a presentation on the proposed Carbon Neutral Home Incentives Program.
Congressman Ro Khanna commented on the Program and stated the $3 million funding request submitted by the City of Milpitas has been accepted by the House of Appropriations and is waiting for Congress approval.
PUBLIC FORUM
There were no speakers.
ADJOURNMENT
Councilmember Phan adjourned the meeting at 11:39 AM.
Draft meeting minutes submitted by Acting City Clerk, Suzanne Guzzetta 23 Item # C2.
SPECIAL MEETING OF THE
MILPITAS CITY COUNCIL
July 11, 2022 Milpitas City Council Agenda Page 1
MINUTES
MONDAY, JULY 11, 2022
MILPITAS, CA
The City Council of the City of Milpitas convened for a Special City Council meeting on July 11, 2022, at 6:30 p.m. 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 6:37 PM. Roll Call was taken by Assistant City Manager Kantak.
PRESENT: Mayor Tran and Vice Mayor Montano, Councilmembers Chua, Dominguez, and Phan ABSENT: None
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.
PUBLIC FORUM
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.
READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Tran read the Code of Conduct.
APPROVAL OF AGENDA
Motion: to approve the July 11, 2022, Special Meeting Agenda.
Motion/Second: Mayor Tran / Councilmember Dominguez
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
AGENDA ITEMS
1. 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)
24 Item # C2.
July 11, 2022 Milpitas City Council Agenda Page 2
Motion: 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.
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ADJOURN TO CLOSED SESSION
(a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957
Position: City Manager
City Council adjourned to Closed Session to discuss item A.
CLOSED SESSION ANNOUNCEMENT
Mayor Tran, Vice Mayor Montano, and Councilmember Dominguez returned to the open session at approximately 8:06 PM.
Mayor Tran stated there was no reportable action for item A.
ADJOURNMENT
Mayor Tran adjourned the meeting at 8:07 PM.
Draft meeting minutes submitted by Acting City Clerk, Suzanne Guzzetta 25 Item # C2.
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 08/04/2022
August 16, 2022 – 3rd Tuesday
CLOSED SESSION
INVOCATION (assigned to Councilmember Phan)
PRESENTATION
Women's Equality Day (Proclamation)
Milpitas North Valley PAL 12U All Stars
Tony Ndah Commendation and Key to the City
CONSENT CALENDAR
1. Receive City Council calendar for August 2022 (Suzanne Guzzetta)
2. Approve City Council Special Meeting Minutes of August 9, 2022 (Suzanne Guzzetta)
3. Preview list of items for September 6, 2022 (Suzanne Guzzetta)
4. Councilmember Request List (Suzanne Guzzetta)
5. 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 (Tony Ndah)
6. Second reading of an Ordinance Amending Sections of Chapter 10 (Zoning), Title XI (Planning, Zoning, and Annexation) of the Milpitas Municipal Code Relating to Maximum Building Heights (Ned Thomas)
7. Second reading of an Ordinance Amending Sections of Chapter 10 (Zoning), Title XI (Planning, Zoning, and Annexation), and Chapter 213 (Noise Abatement), Chapter V (Public Health, Safety, and Welfare), of the Milpitas Municipal Code Relating to Outdoor Music as an Accessory Use in Certain Commercial and Mixed Use Zones; and to Modify and Add Regulations Relating to Special Events (Ned Thomas)
8. Approve Report of Actions Taken by the City Manager During the City Council Summer Recess (June 21 through August 9, 2022) (Walter C. Rossmann and Ashwini Kantak)
9. Authorize and Approve Travel to Long Beach, CA for two City Councilmembers along with City Manager to Attend the Annual Conference of the League of California Cities held September 7 - 9, 2022; and Designate Milpitas City Councilmembers as Delegate and Alternates to 2022 League of California Cities Annual Conference (Ashwini Kantak)
10. Update to the Commission Handbook (Suzanne Guzzetta)
PUBLIC HEARING
11. 2022 Public Health Goals Report (Tony Ndah)
COMMUNITY DEVELOPMENT
12. Economic Development Update (Alex Andrade)
13. Objective Design Standards (Ned Thomas)
26 Item # C3.
14. Receive a Status Report on the Homekey Project at 1000 Hillview Court (Ashwini Kantak, Jared Hernandez)
COMMUNITY SERVICES
15. Facility Naming Subcommittee appointments (Renee Lorentzen)
PUBLIC SAFETY
LEADERSHIP
16. Review List of Agenda Item Requests from Individual Councilmembers and Provide Direction to Staff, Through the Prioritization Process, on Group 1 Items; and Provide Additional Clarification to Staff, if any, on Group 2 Items (Ashwini Kantak and Walter Rossmann)
REPORTS
27 Item # C3.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 City Staff apply for the "Better Cities for Pets"
Certification Tran 6/21/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in August/September
2 Waive fees for family fundraiser at Milpitas Skate
Park Dominguez 6/14/2022
Staff reached out to the resident multiple
times
3 Establish a SPAR fund modelled after the City of
Mountain View - sets asides moneys for
opportunities to buy real estate Montano 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 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 6/7/2022 Item will be agendized for the August 16 City
Council meeting including the crime data
related to the Homekey Project
6 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
PD will present quarterly reports starting in
November 2022.
7 Funding to hire a consultant for the Sunnyhills
Historical Designation on a state level Tran 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 6/7/2022
Staff will agendize a fee waiver request for
Council consideration for the first meeting in
August.
9 Prepare Vision Zero Action Plan Tran 6/7/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in August/September
10 Requested the City create a youth scholarship fund
for under privileged kids to
play sports Montano 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 Council
approval in September 2022.
11 Consider policies to regulate automated equipment
that would replace a position typically filled by an
employee. Phan 4/19/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in August/September
12 Explore the use of roundabouts as a traffic calming
mechanism Dominguez 4/19/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in August/September
13 Explore the policy for locking mechanisms on
shopping carts for large commercial businesses Tran 4/19/2022 Item will be brought forward as part of the
next City Council additional workplan items
prioritization in August/September
14 Prepare a report on ghost guns; engage in
legislative advocacy regarding ghost guns; and
incentivize ghost gun buybacks at the May buyback
event
Dominguez;
Tran 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.
15 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking
areas Chua 4/5/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in August/September
OPEN REQUESTS
NOTE: Deferred and Completed Items are not listed28
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
16 Request for Crossing Guards at McCandless and
Montague Expressway and review wages for
Crossing Guards Montano 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.
17 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 11/2/2021
This item was postponed by Mayor Tran due
to the Omicron variant and a rise in COVID19 cases
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
18 Create a plan for future solar paneling at City
facilities Montano 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
19 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 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
20 Evaluate reopening the childcare center with a nonprofit organization running the center Montano 2/1/2022 Approved during Spring Quarterly City
Council Workplan Items Prioritization
Discussion on 5/03/2022.
21 Requested an appropriation in an amount not to
exceed $250,000 to procure a contract to address
the streetlights that are pending fieldwork. Tran 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.
22 Explore a lease for the vacant land adjacent to the
Library for City use Tran 1/18/2022
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward at the 5/03/2022
meeting;
23 Requested that staff study the placement of a City
sign for the Milpitas Police Department and explore
the cost of a new sign Dominguez 1/18/2021
Staff has been working on upgrading signage
and landscaping around the Police
Department and Public Works Building. Litup signs mounted on the building are scheduled to be installed by the end of
August 2022
24 Request for the City to make the temporary thirdparty food deliver fee caps permanent and add additional provisions for enforcement Phan 11/16/2021
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward at the 5/03/2022
meeting
25 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 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 site
ACTIVE REQUESTS
NOTE: Deferred and Completed Items are not listed29
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
26 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 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.
27 Requested the City extend the outdoor dining
options through March of next year Phan 9/21/2021
Planning Director to provide information on
current outdoor dining extension
28 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 8/17/2021
Staff will include the stem cell donor
information in regularly scheduled wellness
event
29 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 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.
30 City to highlight mental health resources on the
website Dominguez 8/17/2021
Staff issued an Information Memorandum on
August 1, 2022
31 Look into allowing outdoor music and would like the
ordinance brought back to Council. Montano 8/5/2021
Approved to move forward at the 1/11/2022
Council meeting; scheduled for 8/9/22 City
Council Meeting
32 Look into opening up the Senior Center on
Saturdays for half a day Chua 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.
33 Look into bringing back a roller rink Montano 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
34 Requested that the City have mini-libraries in the
low-income areas of the City. Montano 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.
35 Staff to create a plan on how to increase the
number of local businesses doing business with the
City Chua 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.
36 Staff to provide information on a landmark policy for the City of Milpitas Tran 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.
NOTE: Deferred and Completed Items are not listed30
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
37 Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan 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.
38 Ordinance to ban vaping in the City Montano 12/15/2020 Ordinance regarding a ban on use in certain
areas adopted by Council on 6/15/2021.
Discussion related to access to products
brought forward on 6/21/2022. Planning staff
is coordinating with the County Dept. of
Environmental Health on an agreement for
administration and enforcement. Staff will
bring back the draft ordinance in Fall 2022
39 Review City policy on speed bumps Tran 12/15/2020
Presented to Transportation
Subcommittee on 02/12/2021;voted on
3/16/2021 to revisit this item; On April 8, 2022
the Transportation Subcommittee Meeting
provided input on a draft policy to be brought
forward for Council consideration in Fall 2022
40 Consider change in term limits for Mayor +
Councilmembers Montano 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
meeting; Ballot Measure to appear on
November 8, 2022 General Municipal
Election
41 Consider Community Museum and Park on Main St. Phan 8/20/2019 to Rules Subcommittee 8/23/2019. Moved to
Specific Plan Community Conversation
events.
NOTE: Deferred and Completed Items are not listed31
Item # C4.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: 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)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 8/9/2022
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.
Background:
Pursuant to Public Contract Code section 22050 and Council Resolution No. 9134, the Director of Public Works, in the case of emergency, may authorize a repair of a public facility and procure the work without giving notice for bids to let contracts. An emergency is defined as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Additionally, State law requires the Public Works Director, as the City official with delegated authority to take emergency action, to report any emergency authorization and the reason(s) for the authorization to the City Council not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action. Further, the Public Works Director is required to report why the emergency would not permit a delay resulting from a competitive solicitation for bids and the City Council is required to review the emergency action at every regularly scheduled meeting thereafter until the emergency repair is completed. The City Council shall continue to review the emergency action at every regularly scheduled meeting thereafter until the action is terminated. At each review, the City Council shall determine, by a four-fifths vote, whether there is a need to continue the action.
Consistent with applicable State law and Council Resolution, on April 1, 2022, the Public Works Director authorized the City to contract with its existing HVAC maintenance contractor, Environmental Systems Inc. (ESI), for the replacement of two (2) boilers and the installation of a temporary heating system for the Public Works, Information Technology and Police Department buildings.
At the June 21, 2022, City Council meeting, the City Council received an update regarding the emergency replacement of two (2) boilers and the installation of a temporary heating system for the Public Works, Information Technology and Police Department buildings and determined that the condition continues to constitute an emergency.
Analysis:
The install of the temporary heating system was completed on Friday, April 15, and is currently operational providing heat to the building. Due to supply chain delays, the two (2) new boilers, which were ordered, are expected to arrive in mid-August versus mid-July, as previously reported. The rental period for the temporary boiler is set to expire on August 29, 2022. If supply chain issues continue to impact the delivery of the boiler, 32 Item # C5.
the rental agreement for the temporary boiler may need to be extended for an additional month, at a cost of $4,000.
Staff is recommending that the City Council determine, by a four-fifths vote, that there is a need to continue the emergency action declared by the Public Works Director. Staff will return to City Council with an update at every regularly scheduled City Council meeting until the emergency action is terminated.
Fiscal Impact:
The estimated repair and temporary heating installation cost of $208,968 will be paid from the Unanticipated Expenditure Reserve.
California Environmental Quality Act:
The emergency repair work is exempt from CEQA, per CEQA Guidelines Section 15301, Existing Facilities and 15302, Replacement or Reconstruction.
Recommendations:
1. Receive an update on the emergency replacement of two (2) boilers and the installation of a temporary heating system for the Public Works, Police and Information Technology Department buildings.
2. Determine by a four-fifths vote that the condition continues to constitute an emergency.
Attachment:
N/A
33 Item # C5.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Granting Acceptance of Public Improvements and Approve Reduction of Faithful Performance Bond for Public Improvements for the Anton Ascend (730) and Anton Aspire (750) Residential Projects and Granting Authorization to the Engineering Director/City Engineer to Release the Performance Bond after the One-year Warranty Period. (Staff Contact: Steve Erickson, Director of Engineering/City Engineer, 408-586-3301) Category: Consent Calendar-Community Development
Meeting Date: 8/9/2022
Recommendation: Adopt a resolution granting acceptance of public improvements for the Anton Ascend and Anton Aspire Residential Projects as shown on Public Improvement Plans No. 2-1228 and 2-1229; and approve a reduction in the performance bonds for the Projects, subject to the one-year warranty period and reduction of the faithful performance bonds to $82,000.00 and $69,500.00 respectively which shall be in effect for the duration of the warranty period; and grant authorization to the Engineering Director/City Engineer to release the performance bonds after the one-year warranty period, without further City Council action provided all required warranty work is completed to the satisfaction of the Engineering Director/City Engineer.
BACKGROUND:
On June 6th, 2017 the City Council approved the public improvement plans and the Subdivision Improvement Agreement for the Anton Ascend and Anton Aspire Residential Projects located at 730 and 750 E. Capitol Avenue, respectively. Public improvements include construction of curb; gutter; sidewalk; storm water treatment facilities; 8-inch recycled water main extensions; 12-inch potable water main extension; streetlights; undergrounding overhead utilities; decorative crosswalks; landscaping; and other miscellaneous items of work along East Capitol Avenue. This project also completed construction of the South Milpitas Blvd extension from East Capitol Avenue to Penitencia Creek.
ANALYSIS:
The Developer, Anton Milpitas 730 LLC and Anton Milpitas 750 LLC has satisfactorily completed all required public improvements in accordance with the City approved public improvement plans. The improvements are now ready for acceptance by the City Council and commencement of the 1-year warranty period. Staff recommends the City Council adopt a Resolution granting acceptance of the public improvements, and approve reduction of the Projects performance bonds to $82,000.00 and $69,500.00, respectively, which are 10% of the security’s original value. Staff also recommends the City Council grant authorization to the Engineering Director/City Engineer to release the performance bonds after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the Engineering Director/City Engineer.
POLICY ALTERNATIVE(S):
Alternative 1:
Not approve the resolution granting acceptance of public improvements including the reduction of the Projects performance bonds.
Pros: None
34 Item # C6.
Cons: Not granting acceptance of public improvements would limit public use of improvements and does not promote orderly completion and close-out of completed projects and would conflict with the City’s obligations under the Subdivision Improvement Agreement for this Project.
Reason for Not Recommending: Granting acceptance of public improvements would allow public use of sidewalk improvements and promotes orderly completion and close-out of the Projects. Staff recommends adoption of a resolution granting acceptance of public improvements including the reduction of the Projects performance bonds.
FISCAL IMPACT:
The public improvements have been constructed for the City by the Developer as a requirement of the Subdivision Improvement Agreement for these Projects. The City will have responsibility for ownership and the perpetual maintenance for the improvements following the acceptance of the project and completion of the 1- year warranty period. The Public Works Department will provide the maintenance for the accepted improvements and funding will be through future budget appropriations as the Council adopts the annual operating budget.
California Environmental Quality Act (CEQA):
Granting acceptance of public improvements and reducing faithful performance bond for public improvements are not considered projects under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment. Further, environmental analysis of the construction of public improvements was analyzed at the time the overall project, including the Subdivision Improvement Agreement was considered and approved by the City Council.
RECOMMENDATION:
Adopt a resolution granting acceptance of public improvements for the Anton Ascend and Anton Aspire Residential Projects as shown on Public Improvement Plans No. 2-1228 and 2-1229; and approve a reduction in the performance bonds for the Projects, subject to the one-year warranty period and reduction of the faithful performance bonds to $82,000.00 and $69,500.00 respectively which shall be in effect for the duration of the warranty period; and grant authorization to the Engineering Director/City Engineer to release the performance bonds after the one-year warranty period, without further City Council action provided all required warranty work is completed to the satisfaction of the Engineering Director/City Engineer.
Attachment(s):
1. Resolution
35 Item # C6.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING ACCEPTANCE AND REDUCING PERFORMANCE BONDS OF THE ANTON ASCEND (730) AND ANTON ASPIRE (750)
RESIDENTIAL PROJECT AND GRANTING AUTHORIZATION TO THE CITY ENGINEER TO RELEASE
THE PERFORMANCE BOND AFTER THE ONE-YEAR WARRANTY PERIOD WHEREAS, the City Council of the City of Milpitas on June 6, 2017, approved the plans and specifications for the Anton Ascend and Anton Aspire Residential Projects, (the “Project”) to be completed by Anton Milpitas 730 LLC and Anton Milpitas 750 LLC., as part of its Residential Project on 730 and 750 East Capitol Avenue; and WHEREAS, the City of Milpitas has heretofore entered into a subdivision improvement agreement on June 6, 2017 with Anton Milpitas 730 LLC and Anton Milpitas 750 LLC, for the Anton Ascend and Anton Aspire Residential Project; and
WHEREAS, Anton Milpitas 730 LLC and Anton Milpitas 750 LLC., as Principal, and Fidelity and Deposit Company of Maryland, as Surety, executed and posted certain Performance Bonds No. 9246629 and No. 9246630 conditioned upon the faithful performance of the provisions of said subdivision improvement agreement and upon the faithful performance of all improvement work required thereunder; and WHEREAS, said public improvements for the Anton Ascend and Anton Aspire Residential Projects have been completed and the subdivision improvement agreement provides that the security shall extend for a period of one year after the date of acceptance of said improvements to cover the warranty period of said improvements under said agreement; and WHEREAS, the City Council is willing to consent to a reduction in the penal sum of said security during said oneyear warranty period; and WHEREAS, the Engineering Director/City Engineer of the City of Milpitas has made a final inspection of said improvements for the Anton Ascend and Anton Aspire Residential Project and recommends that the City Council of the City of Milpitas accept the same as constructed in accordance with the approved plans and specifications.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. Those certain public improvements constructed as part of the Anton Ascend and Anton Aspire Residential Project, are hereby accepted as constructed in accordance with the approved plans and specifications upon recommendation of the City Engineer of the City of Milpitas.
3. The penal sums of the faithful performance bonds securing said improvements may be reduced to the sums of $82,000.00 and $69,500.00, respectively, upon request of Principal and Surety, with said penal sums as reduced to apply from the date of completion and acceptance of said improvements and to extend for the balance of the term of one year of said security. Provided, however, that nothing herein contained shall in any way be deemed to be a waiver, release or relinquish by City of any obligations imposed upon the developer or his surety, or sureties, by law or by the above referend public improvement agreement, save and except as expressly set forth herein.
4. The City Council grants authorization to the Engineering Director/City Engineer to release the performance bond after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the Engineering Director/City Engineer. 36 Item # C6.
PASSED AND ADOPTED this _____ day of _________________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
____________________________ ___________________
Suzanne Guzzetta, Interim City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
____________________________
Michael Mutalipassi, City Attorney
37 Item # C6.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Granting Acceptance of Public Improvements and Approve Reduction of Faithful Performance Bond for Public Improvements for the Centre Pointe – Summerhill Phase 1A Residential Project and Granting Authorization to the Engineering Director/City Engineer to Release the Performance Bond after the One-Year Warranty Period; (Staff Contact: Steve Erickson, Director of Engineering/City Engineer, 408-586-3301)
Category: Consent Calendar-Community Development
Meeting Date: 8/9/2022
Recommendation: Adopt a resolution granting acceptance of the completed public improvements for the Centre Pointe – Summerhill Phase 1A Residential Project as shown on Public Improvement Plans No. 2-1221; and approve a reduction in the faithful performance bond to $166,100.00, which is 10% of the security’s original value which shall be in effect for the duration of the warranty period; and grant authorization to the Engineering Director/City Engineer to release the performance bond after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the Engineering Director/City Engineer.
BACKGROUND:
On September 5, 2017, the City Council approved the Subdivision Improvement Agreement for Centre Pointe - Summerhill Residential Project’s Phase 1A, 1B and 2 located within the Transit Area Specific Plan area.
Public improvements constructed by the Projects for the City include curb, gutters; sidewalk; decorative crosswalks; driveway aprons; storm water treatment facilities; Storm Drain pipelines; utility service laterals; streetlight; landscaping; and other miscellaneous items of work along Centre Pointe Drive and Montague Expressway. The Phase 1A Project, has now been completed, and Projects 1B and 2 are wrapping up Building Permit review and are to begin construction later this summer with expected completion of Spring 2024.
ANALYSIS:
The Developer, SHAC Centre Pointe LLC, has successfully completed all required public improvements for the Phase 1A Project in accordance with the City approved public improvement plans. The public improvements are now ready for acceptance by the City Council and commencement of the 1-year warranty period. Staff recommends the City Council adopt a Resolution granting acceptance of the public improvements, and to approve a reduction of the performance bond to $166,100.00, which is 10% of the security’s original value, and grant authorization to the Engineering Director/City Engineer to release the performance bond after the oneyear warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the Engineering Director/City Engineer.
POLICY ALTERNATIVE(S):
Alternative 1:
Not approve resolution granting acceptance of public improvements including the reduction of the performance bond.
Pros: None
Cons: Not granting acceptance of public improvements would limit public use of improvements and does not promote orderly completion and closeout of the Project and would be in conflict with the City’s obligation under the Projects Subdivision Improvement Agreement.
38 Item # C7.
Reason for Not Recommending: Granting acceptance of public improvements would allow public use of sidewalk improvements and allows for the completion and closeout of the Project. Staff recommends adoption of the resolution granting acceptance of public improvements.
FISCAL IMPACT:
The public improvements have been constructed by the Developer as a requirement of the Subdivision Improvement Agreement. The City will have ownership and perpetual maintenance responsibilities for the public improvements following acceptance of the project and completion of the 1-year warranty period. The Public Works Department will provide the maintenance for the accepted improvements and funding will be through future budget appropriations as the Council adopts the annual operating budget.
California Environmental Quality Act (CEQA):
Granting acceptance of public improvements and reducing faithful performance bond for public improvements are not considered projects under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment. Further, environmental analysis of the construction of public improvements was analyzed at the time the overall project, including the Subdivision Improvement Agreement was considered and approved by the City Council
RECOMMENDATION:
Adopt a resolution granting acceptance of the completed public improvements for the Centre Pointe – Summerhill Phase 1A Residential Project as shown on Public Improvement Plans No. 2-1221; and approve a reduction in the faithful performance bond to $166,100.00, which is 10% of the security’s original value which shall be in effect for the duration of the warranty period; and grant authorization to the Engineering Director/City Engineer to release the performance bond after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the Engineering Director/City Engineer.
Attachment(s):
Resolution
39 Item # C7.
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING
ACCEPTANCE AND REDUCING PERFORMANCE BOND OF CENTRE POINTE - SUMMERHILL RESIDENTIAL PROJECT PHASE 1A, TRACT NO. 10408, AND GRANTING AUTHORIZATION TO
THE CITY ENGINEER TO RELEASE THE PERFORMANCE BOND AFTER THE ONE-YEAR
WARRANTY PERIOD
WHEREAS, the City Council of the City of Milpitas on January 15, 2019, approved the plans and specifications for the Centre Pointe - Summerhill Residential Project, Tract 10408 (the “Project”), to be completed by SHAC Centre Pointe Apartments LLC, as part of its two mixed use buildings consisting of 694 dwelling units, 36,500 square feet of commercial space and other associated site improvements; and WHEREAS, the City of Milpitas has heretofore entered into a subdivision improvement agreement on September 28, 2017 with SHAC Centre Pointe Apartments LLC, for the Centre Pointe – Summerhill Residential Project Subdivision; and
WHEREAS, SHAC Centre Pointe LLC, as Principal and International Fidelity Insurance Company, as Surety, executed and posted a certain Performance Bond No. 0728575 (Phase 1A) conditioned upon the faithful performance of the provisions of said subdivision improvement agreement and upon the faithful performance of all improvement work required thereunder; and
WHEREAS, said public improvements for Centre Pointe - Summerhill Residential Project Phase 1A have been completed and the subdivision improvement agreement provides that the security shall extend for a period of one year after the date of acceptance of said improvements to cover the warranty period of said improvements under said agreement; and
WHEREAS, the City Council is willing to consent to a reduction in the penal sum of said security during said one-year warranty period; and
WHEREAS, the City Engineer of the City of Milpitas has made a final inspection of said improvements for Centre Pointe - Summerhill Residential Project Phase 1A and recommends that the City Council of the City of Milpitas accept the same as constructed in accordance with the approved plans and specifications.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. Those certain public improvements constructed as part of Centre Pointe - Summerhill Residential Project Phase 1A, Tract No. 10408, are hereby accepted as constructed in accordance with the approved plans and specifications upon recommendation of the Engineering Director/City Engineer of the City of Milpitas.
3. The penal sum of the faithful performance bond securing said improvements may be reduced to the sum of $166,100.00, upon request of Principal and Surety, with said penal sum as reduced to apply from the date of completion and acceptance of said improvements and to extend for the balance of the term of one year of said security. Provided, however, that nothing herein contained shall in any way be deemed to be a waiver, release or relinquish by City of any obligations imposed upon the 40 Item # C7.
developer or his surety, or sureties, by law or by the above referenced public improvement agreement, save and except as expressly set forth herein.
4. The City Council grants authorization to the Engineering Director/City Engineer to release the performance bond after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the Engineering Director/City Engineer.
PASSED AND ADOPTED this 9th day of August 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Suzanne Guzzetta, Interim City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
Michael Mutalipassi, City Attorney
41 Item # C7.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve Budget Appropriation of $103,602.00 in Fiscal Year 2022/2023 California Transportation Development Act Article 3 (TDA-3) Funding for use in City Capital Improvement Program Project No. 4283 American Disability Act (ADA) Curb Ramp Transition Program (Staff Contact: Steve Chan, Transportation and Traffic Manager, 408-586-3324)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 8/9/2022
Recommendation: Approve budget appropriation of $103,602.00 in Fiscal Year 2022/2023 California Transportation Development Act Article 3 (TDA-3) Funding for use in City Capital Improvement Program Project No. 4283 American Disability Act (ADA) Curb Ramp Transition Program
BACKGROUND:
The California Transportation Development Act, (TDA) was approved in 1971 and allows Counties to establish a quarter-cent sales tax to provide funding for a variety of transportation projects, including: Transit operations Bus and rail projects Special transit services for disabled riders Pedestrian and bicycle facilities Transportation planning Transportation Development Act Article 3 (TDA-3), provides annual funding for bicycle and pedestrian projects within the Bay Area, and the Metropolitan Transportation Commission (MTC) sets policies and procedures for the TDA-3 funding. The City of Milpitas receives guaranteed TDA-3 funding annually for pedestrian and bicycle improvement projects. The funding amount is based on a population formula, and funding for fiscal year 2022/23 is $103,602. The City Council adopted Resolution, No. 9143 (Attachment 1) on May 3, 2022 as required to receive the annual TDA-3 funding, and staff submitted the grant proposal application to MTC. The funds will be available for use beginning July 1, 2022.
ANALYSIS:
The $103,602 in Fiscal Year 2022/23 TDA-3 funding is now available. Staff recommends the City Council approve the appropriation (Attachment 2) of this funding for use in City Capital Improvement Program Project No. 4283 American Disability Act (ADA) Curb Ramp Transition Program. This Project provides for the replacement of damaged and non-compliant Americans with Disability Act (ADA) sidewalk curb ramps to meet State and Federal access requirements. Improvement locations will be determined during the project design phase which staff will start later this year. The construction phase is estimated to start Summer/Fall of 2023.
POLICY ALTERNATIVE(S):
Alternative 1:
Pros: Deny request to appropriate $103,602 TDA-3 funding into Project No. 4283 for use in repairing and replacing non-compliant ADA ramp and sidewalks.
Cons: A denial of this request would cause the City to not claim eligible expenditures and may delay a request for reimbursement of the funds and it would delay implementation of Project No. 4282 ADA Curb Ramp Transition Program.
Reason for Not Recommending: The repair and replacement of old, non-compliant, and potentially hazardous ADA sidewalk curb ramps is a requirement of the State and Federal ADA regulations. The funding of Project No. 4283 is recommended, and the use of the annual TDA funding is appropriate.
FISCAL IMPACT:
42 Item # C8.
FY22/23 TDA Article 3 funding in the amount of $103,602 is recommended to be appropriated into the Construction Phase 7 of Project No. 4283 ADA Curb Ramp Transition Program.
California Environmental Quality Act (CEQA):
The project is categorically exempt under CEQA Article 19 Section 15301 for maintenance of existing public streets.
RECOMMENDATION:
Approve Budget Appropriation of $103,602 in Fiscal Year 2022/2023 California Transportation Development Act Article 3 (TDA-3) Funding for use in City Capital Improvement Program Project No. 4283 American Disability Act (ADA) Curb Ramp Transition Program.
Attachment(s):
1. Resolution No. 9143
2. Budget Change Form
43 Item # C8.
44 Item # C8.
45 Item # C8.
46 Item # C8.
47 Item # C8.
City of Milpitas, California
BUDGET CHANGE FORM
From* To*
Type of Change
Account Amount Account Amount
Check one:
Budget Appropriation
Budget Transfer
311-9514283153565 $103,602 311-951428374800 $103,602
Approve Budget Appropriation of $103,602 in Fiscal Year 2022/2023 California Transportation Development Act Article 3 (TDA-3) Funding for use in City Capital Improvement Program Project No. 4283 American Disability Act (ADA) Curb Ramp Transition Program.
Background:
The California Transportation Development Act, (TDA) was approved in 1971 and allows Counties to establish a quarter-cent sales tax to provide funding for a variety of transportation projects, including: Transit operations Bus and rail projects Special transit services for disabled riders Pedestrian and bicycle facilities Transportation planning Transportation Development Act Article 3 (TDA-3), provides annual funding for bicycle and pedestrian projects within the Bay Area, and the Metropolitan Transportation Commission (MTC) sets policies and procedures for the TDA-3 funding. The City of Milpitas receives guaranteed TDA-3 funding annually for pedestrian and bicycle improvement projects. The funding amount is based on a population formula, and funding for fiscal year 2022/23 is $103,602. The City Council adopted Resolution, No. 9143 (Attachment 1) on May 3, 2022 as required to receive the annual TDA-3 funding, and staff submitted the grant proposal application to MTC. The funds will be available for use beginning July 1, 2022.
Analysis:
The $103,602 in Fiscal Year 2022/23 TDA-3 funding is now available. Staff recommends the City Council approve the appropriation (Attachment 2) of this funding for use in City Capital Improvement Program Project No. 4283 American Disability Act (ADA) Curb Ramp Transition Program. This Project provides for the replacement of damaged and non-compliant Americans with Disability Act (ADA) sidewalk curb ramps to meet State and Federal access requirements. Improvement locations will be determined during the project design phase which staff will start later this year. The construction phase is estimated to start Summer/Fall of 2023.
Policy Alternatives:
Alternative 1:
Pros: Deny request to appropriate $103,602 TDA-3 funding into Project No. 4283 for use in repairing and replacing non-compliant ADA ramp and sidewalks.
Cons: A denial of this request would cause the City to not claim eligible expenditures and may delay a request for reimbursement of the funds and it would delay implementation of Project No. 4282 ADA Curb Ramp Transition Program.
Reason for Not Recommending: The repair and replacement of old, non-compliant, and potentially hazardous ADA sidewalk curb ramps is a requirement of the State and Federal ADA regulations. The funding of Project No. 4283 is recommended, and the use of the annual TDA funding is appropriate. 48 Item # C8.
Fiscal Impact:
FY22/23 TDA Article 3 funding in the amount of $103,602 is recommended to be appropriated into the Construction Phase 7 of Project No. 4283 ADA Curb Ramp Transition Program.
California Environmental Quality Act:
The project is categorically exempt under CEQA Article 19 Section 15301 for maintenance of existing public streets.
Recommendation:
Approve Budget Appropriation of $103,602 in Fiscal Year 2022/2023 California Transportation Development Act Article 3 (TDA-3) Funding for use in City Capital Improvement Program Project No. 4283 American Disability Act (ADA) Curb Ramp Transition Program.
Attachments:
1. Resolution No. 9143
2. Budget Change Form
Check if City Council Approval required. Meeting Date: August 09, 2022 Requested by: Department Head: Steve Erickson Date: August 09, 2022 Reviewed by: Finance Director: Lauren Lai Date: August 09, 2022 Date approved by City Council, if required: Confirmed by:
FI/24786/V Form 30-222 (Rev. 1/92)
49 Item # C8.
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 S&B Milpitas, LLC for the Lantana at 720 Montague Expressway. (Staff Contact: Steve Erickson, Director of Engineering/City Engineer, 408-586-3301)
Category: Consent Calendar-Community Development
Meeting Date: 8/9/2022
Recommendation: Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement for S&B Milpitas, LLC for Lantana at 720 Montague Expressway.
BACKGROUND:
On August 2, 2016, the Property Owner, S&B Milpitas, LLC, received entitlements from the City allowing the development of the Lantana Project, located at 720 Montague Expressway including construction of a new 248,183 square foot mixed use building with 216 dwelling units; 10,555 square feet of retail space; leasing office; residential amenity space; emergency vehicle access; utilities; landscaping; stormwater treatment measures and other miscellaneous improvements to the 2.35 acre site located within the Transit Area Specific Plan area.
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 5,000 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 5,000 square foot threshold to execute and record a Stormwater Management Facilities Operation and Maintenance Agreement (“Agreement”) with the City for the perpetual operation, maintenance and annual inspection of LID stormwater treatment facilities. The Lantana Apartments Project uses two types of storm water treatment devices. They are bio-retention and mechanical stormwater treatment.
The Project owner will be responsible for the perpetual maintenance and operation of both storm water treatment devices. The Project 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 ALTERNATIVE(S):
Alternative 1: Not approve the Agreement with the City for operation, maintenance and annual inspection of stormwater treatment facilities.
Pros: None
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 for Not Recommending: To be in compliance with federal and state law, including the MRP, and to allow for the on-going maintenance and annual City Inspection of the installed stormwater treatment devices, staff recommends approval of the Agreement. 50
Item # C9.
FISCAL IMPACT:
The developer will pay for the required annual maintenance and inspection of the private stormwater facilities that will not be owned or maintained by the City.
California Environmental Quality Act (CEQA):
The City Council’s approval of the agreement was already reviewed under the California Environmental Quality Act (CEQA) at the time the City Council approved the entitlements for the project thru an initial environmental assessment. The Planning Department conducted an initial environmental assessment of the project in accordance with the California Environmental Quality Act (CEQA) and determined that the project is exempt from further environmental review pursuant to Section 15168(c)(2) of the CEQA Guidelines because of its consistency with the certified EIR for the Transit Area Specific Plan adopted on June 3, 2008 by the City Council. On this basis, the City Council relies on the previous CEQA review conducted in approving this agreement.
RECOMMENDATION:
Approve and Authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement for S&B Milpitas, LLC for Lantana at 720 Montague Expressway.
Attachment(s):
1. Stormwater Management Facilities Operation and Maintenance Agreement
2. Operation and Maintenance Plan
51 Item # C9.
38077.01000\33218185.1
Control No. 2020- ____
Recording Requested by
and when Recorded, return to:
CITY OF MILPITAS
455 E. CALAVERAS BOULEVARD
MILPITAS, CA 95035-5479
Attn: City Clerk
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)
Document Transfer Tax is $ __0__
( ) Computed on full value of property conveyed
( ) Computed on full value less value of liens and encumbrances remaining City transfer tax is $ __0__
APN: 092-08-077
STORMWATER MANAGEMENT FACILITIES
OPERATION AND MAINTENANCE AGREEMENT
This Stormwater Management Facilities Operation and Maintenance Agreement (“AGREEMENT”) is made and entered into this _______ day of ________ 2022 (“Effective Date”), by and between S&B Milpitas, LLC, a California Limited Liability Company (“Property Owner”) and the City of Milpitas, a municipal corporation of the State of California (“City”).
RECITALS
This AGREEMENT is made and entered into with reference to the following facts:
A. WHEREAS, the Property Owner is the owner of real property more particularly depicted and described on the attached as Exhibit A (“Property”) and fully incorporated herein by reference; and
B. WHEREAS, the Property Owner received entitlements from the City allowing the development of the Property as a common interest development, including the construction of a new 248,183 square foot mixed use building comprising up to 216 dwelling units with, 10,555 square feet of retail, leasing office and residential amenity space, emergency vehicle access, utilities, and associated offsite and onsite improvements landscaping, irrigation, and stormwater treatment measures on a 2.35 acre site located at 720 Montague Expressway in Milpitas and more commonly known as Lantana, Project No. PJ1382, (the “Project”) on the Property; and subject to conditions set forth in the following (collectively “City Approvals”):
1. Resolution No. 8567 approving Site Development Permit No. SD15-0010, 52 Item # C9.
38077.01000\33218185.1
2. Resolution No. 8567 approving Vesting Tentative Map No. MT15-0010,
3. Resolution No. 8567 approving Conditional Use Permit No. UP15-0015, and
4. Resolution No. 8567 approving Exceptions to the Milpitas Municipal Code VII-6-5.00; C. WHEREAS, discharges to the City’s municipal separate storm sewer system (“MS4”) are regulated under state and federal law pursuant to Waste Discharge Requirements and National Pollutant Discharge Elimination System permit (“MS4 Permit”) issued by the Regional Water Quality Control Board, San Francisco Region (“Regional Board”).
D. WHEREAS, pursuant to the requirements of the MS4 Permit and the City’s Stormwater and Urban Runoff Pollution Control Ordinance as codified in Milpitas Municipal Code Chapter 16 (“Ordinance”), the City Approvals require the Property Owner to install, operate and maintain, at no cost or expense to the City and as part of the common area as defined by the Davis-Stirling Common Interest Development Act, the Permanent Stormwater Pollution Prevention Measures (“BMPs”) more particularly described in the City-approved Stormwater Control Operation and Maintenance Plan (sometimes referred to herein as “Plan”) for the Project attached hereto as Exhibit B and fully incorporated herein by reference; and E. WHEREAS, the Stormwater Control Operation and Maintenance Plan may be subsequently modified from time to time with City’s written approval and such changes shall be fully incorporated as part of this Agreement by this reference; and F. WHEREAS, the Stormwater Control Operation and Maintenance Plan includes provisions for the BMP Operation and Maintenance and an annual inspection checklist for the BMPs constructed on the Property, and
G. WHEREAS, this Agreement memorializes the Property Owner’s obligations, either directly or through a property owners association, for maintenance, operations, and inspection under the City’s Ordinance and the approved Stormwater Control Operation and Maintenance Plan.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
SECTION 1. Responsibility for Operation and Maintenance:
The Property Owner, at its sole cost and expense, shall construct and install the BMPs shown in Exhibit B in accordance with the plans approved by and on file with the City. Property Owner shall diligently maintain in perpetuity the BMPs in a manner assuring peak performance at all times, shall make such changes or modifications to the BMPs, subject to City’s prior approval as may be reasonably necessary for the BMPs to continue to operate as designed and approved and to accomplish its intended purpose and in good repair, and in compliance with all applicable Federal, State, County and local laws and regulations, including but not limited to the Ordinance, as the same may be amended, revised, and/or replaced from time to time. The Owner shall be responsible for the costs incurred in operating, maintaining, repairing and replacing the BMPs. Property Owner shall not destroy or remove the BMPs or modify any measure in any manner that would lessen its effectiveness.
Property Owner shall make available copies of the approved Stormwater Control Operation and Maintenance Plan at the site with the facility or property manager. 53 Item # C9.
38077.01000\33218185.1
SECTION 2: Inspection by Property Owner:
The Property Owner, at its sole cost and expense, shall conduct annual inspections of all permanent installed BMPs per the Plan. The annual inspection report shall include completion of the checklist described in the approved Stormwater Control Operation and Maintenance Plan. The BMPs must be inspected by a qualified independent inspector who is acceptable to the City. The Property Owner shall submit the Inspection Report on these BMPs to the City Engineer no later than July 15th of each year.
SECTION 3. Facility Inspection by the City:
(a) Right of Entry. The Property Owner, on its behalf and on behalf of its successors and assigns, grants permission to the City, the inspectors of the Regional Board, and local mosquito and vector control agency, and their authorized agents and employees, to enter the Property, and to inspect the BMPs whenever the City deems necessary to enforce provisions of the Ordinance, this Agreement, or any other local or state requirements. The City may enter the premises at any reasonable time during normal business hours and upon at least 48 hours prior written notice (except that prior written notice is not required in case of emergency) to inspect the premises related to BMPs and BMP operation and maintenance, to inspect and copy records related to storm water compliance, and to collect samples and take measurements related to BMPs. The Property Owner shall deposit and maintain a Private Job Account with the City a minimum balance of Four Thousand Dollars ($4,000) for inspection by City Staff pursuant to this Section 3. The deposit of Four Thousand Dollars ($4,000.00) shall be made simultaneously with the execution of this Agreement.
(b) Security. The City may require the Owner, its successors and assigns, from time to time, to post security in a form, amount, and for a time period satisfactory to City to guarantee performance of the obligations stated herein. Should the Owner, its successors and assigns, fail to perform the obligations under this Agreement, the City may, in the case of a cash bond, act for the Owner, its successors and assigns, using the proceeds from such cash bond, or in the case of a surety bond, require the surety to perform the obligations of this Agreement.
SECTION 4. Failure to Perform Required Facility Repairs or Maintenance by the Property Owner:
(a) Enforcement Action. If the Property Owner or its successors fail to operate and maintain the BMPs in good working order and in accordance with the approved Plan and the City’s Ordinance, the City may, but is not required to, pursue any enforcement action available at law or in equity to cause the completion of all maintenance and may charge the costs of such enforcement action against the Property Owner in any manner authorized by law or in equity. (b) City Maintenance. In the event of Property Owner’s failure to operate and maintain BMPs in accordance with the Plan and the City’s Ordinance, the City may also, with prior written notice, enter the Property to return the BMPs to good working order; provided however that the Property Owner shall have 30 days after any such notice, or such other time provided by law, to cure the relevant failure and provided further that the Property Owner shall have such additional time after the initial 30 days to complete a cure so long as Property Owner commences the cure within the initial 30 days and diligently prosecutes the cure to completion. Notwithstanding the foregoing, City may in its sole discretion enter the Property to return the BMPs to good working in an emergency and take any other necessary action to mitigate an emergency without any notice to Property Owner. The City is under no obligation to maintain or repair the BMPs, and this Agreement may not be construed to impose any such obligation on the City. If the City, 54 Item # C9.
38077.01000\33218185.1
under this Section 4 takes any action to return the BMPs to good working order, the Property Owner shall reimburse the City for all the reasonable costs and expenses incurred by the City.
The City will provide the Property Owner with an itemized invoice of the City’s costs and expenses and the Property Owner shall make full payments to the City within thirty (30) days of the date of the invoice. If the Property Owners fails to pay the invoice within thirty (30) days, the City shall be entitled to cause a lien for any such unpaid maintenance expense bill to be recorded against the Property. In addition, the City shall be entitled to have the unpaid amount of the invoice placed as a special assessment on the next regular tax bill levied against the Property, after which such assessment shall be collected in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and same procedures under foreclosure and sale in the case of delinquency as provided for ordinary municipal taxes.
The actions described in this section are in addition to and not in lieu of other legal remedies provided by law. Notwithstanding the above, it is understood that City is under no obligation to repair or maintain the BMPs, and in no event shall this Agreement be construed to impose any such obligation on City.
(c) Specific Performance. The provisions of this Agreement are expressly declared to be for the benefit of the City. The City may bring an action to obtain specific performance of this Agreement and may recover its costs, including attorney fees, incurred in bringing such action.
SECTION 5: Successors and Assigns:
Property Owner hereby declares that the Property shall be held, transferred, encumbered, used, conveyed, leased and occupied subject to the covenants, conditions, restrictions, easements and rights set forth herein for the use and benefit of each of the Lots. All of the limitations, easements, uses, obligations, covenants, restrictions and conditions stated herein shall run with the Property and shall be binding upon Property Owner, its successors and assigns, any and all parties having or acquiring any right, title or interest in or to the Property or any part thereof or interest therein and shall inure to the benefit of and be binding upon each successor-in-interest thereto.
Upon transfer of the property, the Property Owner shall provide the new owner with the current Plan and a copy of this Agreement and shall, in any event, be released from all obligations under this Agreement as of the effective date of the transfer of the Property.
SECTION 6. Indemnity:
The Property Owner, on Property Owner’s behalf and on behalf of all successors in interest pursuant to Section 5 of this Agreement, shall indemnify, release, hold harmless, and defend the City and its authorized agents and employees from and against any and all demands, suits, liabilities, fines, losses, damages, accidents, casualties, occurrences or claims, including reasonable attorneys’ fees, against the City which may in anyway arise or relate to the construction, operation, presence, existence or maintenance of the BMPs, or from any personal injury or property damage that may arise or relate from the City entering the property under Section 4. If a claim is asserted against the City, its authorized agents or employees, the City shall promptly notify the Property Owner and the Property Owner shall defend the claim and any resulting litigation at its sole cost and expense, with counsel approved by City. If any judgment is entered against the City, or its authorized agents or employees, the Property Owner must pay all costs and expenses to satisfy the judgment.
SECTION 7. Severability:
Invalidation of any one of the provisions of this Agreement shall in no way effect any other provisions, and all other provisions shall remain in full force and effect. 55 Item # C9.
38077.01000\33218185.1
SECTION 8. Non-Discrimination:
The Property Owner shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of this Agreement.
SECTION 9. Governing Law:
City and Property Owner agree that the law governing this Agreement shall be that of the State of California and that Property Owner shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments.
SECTION 10. Recordation:
Property Owner shall, within 10 days after the effective date of this Agreement, record or cause the Agreement to be recorded in the Office of the Recorder, Santa Clara County, California, at the expense of the Property Owner, which recording shall constitute notice of the obligations herein set forth and a covenant running with the land and shall be binding upon all of the successors and assigns in title to the Property. In the event Property Owner fails to timely record this Agreement, City shall be authorized but not required to record the Agreement.
SECTION 11. Books and Records:
A. The Property Owner shall maintain any and all ledgers, books of account, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements or in anyway relating to the performance of this Agreement for a minimum period of three (3) years, or for any longer period required by law.
B. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at no cost to City, at reasonable any time during regular business hours, upon at least 48 hours’ prior written request by the City Attorney, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at the Property Owner’s address indicated for receipt of notices in this Agreement.
SECTION 12. Notices:
All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective parties as follows:
To CITY:
City of Milpitas
Attn: City Engineer
455 East Calaveras Blvd.
Milpitas, CA 95035
56 Item # C9.
38077.01000\33218185.1
To PROPERTY OWNER: S&B Milpitas, LLC
a California Limited Liability Company
Attn: Badru Valani
555 University Avenue
Palo Alto, CA 94301
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail.
SECTION 13 . Venue:
In the event that suit shall be brought by either party to this contract, the parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California.
SECTION 14 . Interpretation, Prior Agreements:
This Agreement, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. In the event that the terms specified in any of the Exhibits attached hereto conflict with any of the terms specified in the body of this Agreement, the terms specified in the body of this Agreement shall control. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the parties to this Agreement. [Signatures on Next Page]
57 Item # C9.
38077.01000\33218185.1
IN WITNESS WHEREOF, the Parties execute this Stormwater Management Facilities Operation and Maintenance Agreement as of the last date set forth below:
PROPERTY OWNER:
S&B Milpitas, LLC,
a California Limited Liability Company
By:
By: S&B Milpilpitas____
Name: Badru Valani___
Title: Managing Member
CITY:
CITY OF MILPITAS,
A MUNICIPAL CORPORATION
By: __________________________________
Steven McHarris, City Manager
Approved as to form:
By:_____________________________
Michael Mutalipassi, City Attorney
Recommended for approval:
By:_______________________________
Steve Erickson, PE
Director of Engineering/City Engineer
Approved:
By:_____________________________
Lauren Lai, CPA, MPA
Finance Director/Risk Manager
58 Item # C9.
38077.01000\33218185.1
Please note that this is a placeholder for the acknowledgement. So use the most current version of the acknowledgement
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of ________________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared
__________________________________________________________________, ______ personally known to me;
______ or ________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
CAPACITY CLAIMED BY SIGNER:
Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document.
______ Individual(s)
______ Corporate Officer(s) Titles _____________ and ____________ ______ Partner(s) _____ Limited _____ General
______ Attorney-in-Fact
______ Trustee(s)
______ Guardian/Conservator
______ Other : ____________________________________________________
Signer is representing: ________________________________________________ ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document.
Title or type of document _____________________________________________ Number of pages: __________ Date of document: _________________________ Signer(s) other than named above: _____________________________________
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE 59 Item # C9.
38077.01000\33218185.1
EXHIBIT A
Plat and Description for the site
60 Item # C9.
EXHIBIT "A"
Legal Description
CLTA Preliminary Report Form - Modified (11.17.06) Printed: 03.27.18 @ 03:59 PM by SDS SCA0002402.doc / Updated: 01.29.18 3 CA----SPS-1-18-FSBC-0271701663 For APN/Parcel ID(s): 092-08-077
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MILPITAS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
PARCEL A, AS SHOWN ON THAT CERTAIN MAP ENTITLED "PARCEL MAP", WHICH MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON SEPTEMBER 22, 1983 IN BOOK 518 OF MAPS AT PAGE(S) 23 AND 24.
PARCEL TWO:
A NON-EXCLUSIVE PRIVATE INGRESS AND EGRESS EASEMENT AND NON-EXCLUSIVE PRIVATE
MUTUAL STORM DRAINAGE EASEMENT LYING WITHIN SAID INGRESS AND EGRESS EASEMENT FOR
THE BENEFIT OF PARCEL A OVER PARCEL B AS SAID EASEMENT AND PARCELS ARE SHOWN ON PARCEL MAP RECORDED SEPTEMBER 22, 1983, IN BOOK 518 OF MAPS, AT PAGES 23 AND 24, SANTA CLARA COUNTY RECORDS.
61 Item # C9.
38077.01000\33218185.1
EXHIBIT B
Operation and Maintenance Plan
62 Item # C9.
2633 CAMINO RAMON, SUITE 350 • SAN RAMON, CALIFORNIA 94583 • (925) 866-0322 • www.cbandg.com Stormwater Control
Operation and Maintenance Plan
LANTANA
720 MONTAGUE EXPY
MILPITAS, CALIFORNIA
November, 2017
Prepared by:
63 Item # C9.
P:\2600 - 2699\2665-000\Engineering\SWCP\O&M\O&M Plan.docx
TABLE OF CONTENTS
I. Inspection and Maintenance Log .................................................................................... 1 II. Updates, Revisions and Errata ........................................................................................ 2 III. Introduction ....................................................................................................................... 3 IV. Responsibility for Maintenance ....................................................................................... 3 A. General .................................................................................................................... 3
1. Contact Information ........................................................................................ 3
2. Organization Chart .......................................................................................... 5
3. O&M Agreement ............................................................................................ 5
4. Maintenance Funding...................................................................................... 5 B. Staff Training Program ........................................................................................... 6 C. Records ................................................................................................................... 6 D. Safety ...................................................................................................................... 6 V. Summary of Drainage Areas and BMPs ......................................................................... 7 A. Drainage Areas........................................................................................................ 7 B. Treatment BMPs ..................................................................................................... 7 VI. BMP Design Documentation ............................................................................................ 7 A. “As-Built” Drawings of Each BMP ........................................................................ 7 B. Data, Manuals, and Maintenance Documents......................................................... 8 VII. BMP Maintenance Schedule ............................................................................................ 9 VIII. Copy of O&M Agreement .............................................................................................. 10 64 Item # C9.
P:\2600 - 2699\2665-000\Engineering\SWCP\O&M\O&M Plan.docx I. Inspection and Maintenance Log
65 Item # C9.
P:\2600 - 2699\2665-000\Engineering\SWCP\O&M\O&M Plan.docx II. Updates, Revisions and Errata
Future updates, revisions and errata shall be listed in this section.
66 Item # C9.
P:\2600 - 2699\2665-000\Engineering\SWCP\O&M\O&M Plan.docx III. Introduction
This Operation and Maintenance Manual (O&M) for 720 Montague Expressway is submitted to the City of Milpitas as an accompaniment to the private and public improvement plans. The Stormwater Control Plan provides recommendations on the use of permanent Best Management Practices (BMPs) for the proposed project. BMP technical requirements are presented in the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) C.3 Stormwater Handbook dated June 2016.
The Lantana project is located at the intersection of Montague Expressway and Gladding Court, as shown in Appendix A Figure 1. The project is bordered by industrial/commercial properties to the east, future BART parking garage to the west, future South Milpitas Boulevard and BART surface parking to the south, and Montague Expressway to the north. An aerial view of the surrounding area is shown in Appendix A Figure 2. The project will include a 216 unit apartment building, 5,690 sf retail space, leasing office, access driveway, and landscaped open space improvements within the
2.32± ac project boundary.
Proposed on-site drainage system:
Upon construction of the proposed improvements, approximately 1.90 acres (82%) will be covered by impervious surface and approximately 0.42 acres (18%) will be covered by pervious surface, which will be landscaping. All walkways these areas will be sloped to drain onto the surrounding landscaping.
Drainage areas 1, 3 and 4 will discharge into three adjacent flow-throw planters. Drainage area 2 will discharge into an adjacent bioretention area. Runoff from DMA 1, 3 and 4 connects into the existing 36” line in South Milpitas Boulevard after treatment, which ultimately flows through an existing outfall in to Penitencia Creek. Runoff in DMA 2 is similarly treated and connects into an existing storm drain catch basin in Montague Expressway. These areas will be treated by flow-through planters before entering the storm drain system.
The treatment BMPs used on this site include:
• Flow-Through Planters
• Bioretention Area
IV. Responsibility for Maintenance
A. General
1. Contact Information
Designation of Individuals Responsible for Stormwater Treatment BMP Operation and Maintenance
67 Item # C9.
P:\2600 - 2699\2665-000\Engineering\SWCP\O&M\O&M Plan.docx Date Completed:
Facility Name:
Facility Address:
Designated Contact for Operation and Maintenance
Primary Contact:
Telephone:
Alternate Telephone:
Email:
Off-Hours or Emergency Contact
Primary Contact: Emergency Line
Telephone:
Alternate Telephone:
Email:
Corporate Officer (Authorized to Execute Contracts with City) Primary Contact:
Title or Position:
Telephone:
Alternate Telephone:
Email:
68 Item # C9.
P:\2600 - 2699\2665-000\Engineering\SWCP\O&M\O&M Plan.docx
2. Organization Chart
3. O&M Agreement
An operation and maintenance agreement between the Owner and City of Milpitas will be recorded with the County of Santa Clara.
Stormwater treatment facilities used for the treatment of public street runoff (South Milpitas Boulevard) are to be maintained by the City of Milpitas.
4. Maintenance Funding
a. Sources of funds for maintenance: Maintenance funds will be paid by the Homeowner’s Association.
b. Budget category or line item: Funds for the maintenance of the BMPs will be listed under the “Maintenance Contracts” line item in the Homeowner’s Association.
c. Description of procedure and process for ensuring adequate funding for maintenance: The cost of maintenance operations shall be covered by the Homeowner’s Association.
Regional Supervisor
Regional Maintenance
Property Management
69 Item # C9.
P:\2600 - 2699\2665-000\Engineering\SWCP\O&M\O&M Plan.docx B. Staff Training Program
Employees will be trained to comply with the terms of the Operations and Maintenance Agreement to be recorded. Employees will be trained in the proper disposal of trash materials and hazardous waste. Employees will be trained to comply with the storm water inlet labels printed with the logo “No Dumping / Flows to Bay.” This educational measure is intended to prevent unlawful dumping of waste materials, such as motor oil, into the storm drain system.
C. Records
The Homeowners Association will maintain annual records of the operation and maintenance of the structural BMP units. The records will consist of annual inspection reports and certificates of compliance provided by the maintenance company contracted to service the structural BMP units. The reports will be available to the City inspector upon request.
D. Safety
Only personnel with confined space training and possessing the necessary safety equipment should enter the mechanical BMP units to perform maintenance or inspection procedures. Inspections of the internal components can, in most cases, be accomplished through observations from the ground surface. The removal of the sediment from the units’ sump should be performed by trained personnel and all debris should be disposed of per EPA standards.
70 Item # C9.
P:\2600 - 2699\2665-000\Engineering\SWCP\O&M\O&M Plan.docx V. Summary of Drainage Areas and BMPs
A. Drainage Areas
1. Upon construction of the proposed improvements, approximately 1.90 acres (82%) will be covered by impervious surface and approximately 0.42 acres (18%) will be covered by pervious surface.
2. Drainage areas 1-4 will discharge into four adjacent flow-throw planters.
Runoff from DMA 1, 3 and 4 connects into the existing 36” line in South Milpitas Boulevard after treatment, which ultimately flows through an existing outfall in to Penitencia Creek. Runoff in DMA 2 is similarly treated and connects into an existing storm drain catch basin in Montague Expressway.
These areas will be treated by flow-through planters before entering the storm drain system.
B. Treatment BMPs
The treatment BMPs used on this site are shown in the Appendix and include:
1. Bioretention Area: A Bioretention area will be constructed north of the building adjacent to Montague Expressway. This treatment BMP uses a combination of ponding, permeable planting soils, infiltration materials and sub-drains systems. It is designed to filter pollutants from stormwater runoff from adjacent roof areas and other impervious surfaces.
2. Flow-Through Planters: Flow-Through Planters will be constructed east and west of the apartment building at the edge of the site and will treat roof runoff from the building and flows from the podium level. These planters use a combination of ponding, permeable planting soils, infiltration materials and sub-drain systems. They are designed to filter pollutants from stormwater runoff from adjacent roof areas.
VI. BMP Design Documentation
A. “As-Built” Drawings of Each BMP
Typical details provided at this time. As-built drawings will be provided upon completion of BMP construction.
71 Item # C9.
P:\2600 - 2699\2665-000\Engineering\SWCP\O&M\O&M Plan.docx VI. BMP Design Documentation
B. Data, Manuals, and Maintenance Documents
72 Item # C9.
P:\2600 - 2699\2665-000\Engineering\SWCP\O&M\O&M Plan.docx VII. BMP Maintenance Schedule
A. Annual Maintenance Schedule for all BMPs
Treatment BMPs require minimum maintenance similar to that for any landscape areas. BMPs must be regularly maintained to ensure that they continue to be effective and do not cause flooding or other harmful nuisances.
B. Inspection and Maintenance Schedule for each BMP
1. Routine Inspection and Maintenance: Regular inspections shall be made of all BMP features and any maintenance performed as needed. Any collected debris shall be removed from the feature.
• The bioretention area and flow-through planters shall be maintained as described in TC-32 of the California Stormwater BMP Handbook prepared by CASQA.
2. Annual Inspection and Maintenance: Annual inspections and maintenance shall be performed as described above in the “Routine Inspection and Maintenance” Section.
3. Inspection and Maintenance during the Rainy Season: All BMP features shall be inspected immediately after the first rain event of the season.
During the rainy season the BMP features shall be inspected at least once every 30 days and after any significant rain event.
C. Service Agreement Information
The frequency of cleaning the treatment BMPs will depend on the generation of trash and debris and sediment at the site. Cleanout and preventive maintenance schedules will be determined based on operating experience. The mechanical BMP units should be periodically inspected to determine the amount of accumulated pollutants and to ensure the cleanout frequency is adequate to handle the predicted pollutant load being processed by the unit.
73 Item # C9.
P:\2600 - 2699\2665-000\Engineering\SWCP\O&M\O&M Plan.docx VIII. Copy of O&M Agreement
(Final Recorded Copy to be Inserted)
74 Item # C9.
Appendix A
75 Item # C9.
VICINITY MAP
720 MONTAGUE
CITY OF MILPITAS SANTA CLARA COUNTY CALIFORNIA
DATE: FEBRUARY 21, 2017
F:\2665-000\ACAD\EXHIBITS\SWMP\01-VICINITY MAP.DWG2/21/2017 11:45 AM SACRAMENTO, CALIFORNIA
SAN RAMON, CALIFORNIA
CIVIL ENGINEERS SURVEYORS PLANNERS
(925) 866 - 0322
www.cbandg.com
(916) 375 - 1877
Carlson, Barbee & Gibson, Inc.
SITE
76 Item # C9.
GLADDING COURT MONTAGUE EXPRESSWAY
PIPER DRIVE
SITE AERIAL
720 MONTAGUE
CITY OF MILPITAS SANTA CLARA COUNTY CALIFORNIA
DATE: FEBRUARY 21, 2017
SCALE: 1" = 150'
F:\2665-000\ACAD\EXHIBITS\SWMP\02-SITE AERIAL.DWG2/21/2017 3:27 PM SACRAMENTO, CALIFORNIA
SAN RAMON, CALIFORNIA
CIVIL ENGINEERS SURVEYORS PLANNERS
(925) 866 - 0322
www.cbandg.com
(916) 375 - 1877
Carlson, Barbee & Gibson, Inc.
77 Item # C9.
GLADDING COURT
MONTAGUE EXPRESSWAY
SOUTH MILPITAS BOULEVARD 720 MONTAGUE DMA 1 DMA 2 DMA 3 DMA 4 Scale Date Drawn By Checked By Project Number
CARLSON, BARBEE & GIBSON, INC. HEREBY EXPRESSLY RESERVES ITS STATUTORY COPYRIGHT, COMMON LAW COPYRIGHT AND OTHER SPECIFICATIONS, IDEAS, DESIGNS AND ARRANGEMENTS REPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF CARLSON, BARBEE & GIBSON, INC.. NO PART THEREOF SHALL BE REPRODUCED, COPIED, ADAPTED, DISCLOSED OR DISTRIBUTED TO OTHERS, SOLD, PUBLISHED OR OTHERWISE USED WITHOUT THE PRIOR WRITTEN CONSENT OF AND APPROPRIATE COMPENSATION TO CARLSON, BARBEE & GIBSON, INC. VISUAL CONTACT WITH THE DRAWINGS OR SPECIFICATIONS SHALL CONSTITUTE CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS ©CARLSON, BARBEE & GIBSON, INC. SHEET DESCIPTION REVISIONS LANTANA C. ALVERNAZ C. ALVERNAZ NOVEMBER 1, 2017 2665-000 MONTAGUE PLACE, LLC. 720 MONTAGUE EXPY MILPITAS, CA 95035 OCTOBER 31, 2017 - PERMIT SUBMITTAL No. Description Date CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON SACRAMENTO (925) 866 - 0322 (916) 375 - 1877 www.cbandg.com Carlson, Barbee & Gibson, Inc. F:\2665-000\ACAD\IP\PRIVATE\C7.0.DWG STORMWATER CONTROL PLAN C7.0 AREA ID TREATMENT TYPE IMPERVIOUS AREA (SF) TREATMENT AREA REQUIRED (SF) PONDING DEPTH (INCH) TREATMENT AREA PROVIDED (SF) BIORETENTION AREA SUMMARY LEGEND TYPICAL BIORETENTION (DMA 2) TYPICAL BIORETENTION (DMA 1) TYPICAL BIORETENTION (DMA 3 & 4) PER STORMWATER CONTROL PLAN, SOURCE CONTROL MEASURES INCLUDE: 78 Item # C9.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider Recommendations from Mayor Tran for Appointments to City Commissions (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001) Category: Consent Calendar-Leadership and Support Services Meeting Date: 8/9/2022
Recommendation: Receive Mayor Tran’s recommendations and approve the appointments to City Commissions
BACKGROUND:
The City of Milpitas has 13 Commissions (including Measure F Oversight Committee), with the members appointed by the Mayor and confirmed by the City Council, that advise the Milpitas elected officials on a variety of community interest and policy areas. Mayor Tran is making the following recommendation for Commissions.
Art Commission
1. Appoint Cheryle Oldham to serve as a Commissioner with a short-term to expire October 2023.
2. Appoint Fernando Acevedo to serve as Alternate No. 2 with a short-term to expire October 2023.
Community Advisory Commission
1. Reappoint Oscar Leon to serve as a Commissioner with a term to expire January 2025.
Economic Development and Trade Commission
1. Reappoint Chris Norwood to serve as a Commissioner for the Milpitas School Board Member with a term to expire April 2025.
2. Appoint Cheri Romero to serve as a Commissioner for the Real Estate Seat with a short-term to expire April 2024.
Energy and Environmental Sustainability Commission
1. Move Jeff Hoggs from Alternate No. 1 to the Commissioner seat with a short-term to expire October 2022.
2. Appoint Felix Mbuga to serve as Alternate No. 1 with a short-term to expire October 2022.
Library and Education Advisory Commission
1. Reappoint Nonie McDonald to serve as a Commissioner with a term to expire June 2025.
2. Appoint Naga Venkata Satya Sannidhi to serve as Alternate No. 1 with a term to expire June 2025.
Parks, Recreation, and Cultural Resources Commission
1. Reappoint Baljit Gill to serve as a Commissioner with a short-term to expire June 2025.
2. Reappoint Voltaire Montemayor to serve as a Commissioner with a term to expire June 2024.
3. Move Rondi Jackson Thomas from Alternate No. 1 to the Commissioner seat with a short-term to expire June 2023.
4. Move Allen Roy Thomas from Alternate No. 2 to the Commissioner seat with a short-term to expire June 2024.
79 Item # C10.
Public Safety & Emergency Preparedness Commission
1. Reappoint Don Clendenin to serve as a Commissioner with a term to expire June 2025.
2. Reappoint Jonathan Nakapalau to serve as a Commissioner with a term to expire June 2025.
3. Move Michael Berry Hill from Alternate No. 1 to the vacant Commissioner seat with a term to expire June 2025.
Science, Technology & Innovation Commission
1. Appoint Amrita Mukherjee to serve as a Commissioner with a term to expire January 2025.
Senior Advisory Commission
1. Reappoint Deborah Langley to serve as a Commissioner with a term to expire December 2023.
Veterans Commission
1. Move Reynaldo Lingad from Alternate No. 1 to the vacant Commissioner seat with a term to expire January 2025.
Measure F Oversight Committee
1. Appoint Madan Menon to serve as a committee member with a short-term to expire March 2024.
ANALYSIS:
Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are provided to the Mayor for his consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.
Current Commissioners may seek to be re-appointed upon the expiration of their current term. Re-appointment to a new term is not automatic. Those commissioners seeking reappointment shall contact the Mayor to express their request. Re-appointment must be recommended by the Mayor and confirmed by the City Council.
All recommended Commissioner appointments have been reviewed and confirmed by the City Clerk’s office.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
Receive Mayor Tran’s recommendations and approve the appointments to City Commissions.
Attachments:
1. Commissioners Applications and Request for Reappointments 80 Item # C10.
81 Item # C10.
82 Item # C10.
83 Item # C10.
1 Karen ChewSubject: FW: CAC commissionerFrom: Oscar Leon Sent: Tuesday, June 7, 2022 10:50 AM
To: Wendy Wood <[email protected]>
Subject: CAC commissionerCAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.
Dear Ms. Wood,I will again request my interest in being reappointed to the CAC commission.
Sincerely,
Oscar Leon
84 Item # C10.
1 Karen Chew
From: Norwood, Chris
Sent: Thursday, February 24, 2022 2:05 PM
To: Karen Chew; Alex Andrade
Subject: Re: EDTC Reappointment
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.
I have expressed my interest to Alex Andrade and reappointed as the Committee Chair. He is cc'd on this email.
Chris
On Thu, Feb 24, 2022 at 1:51 PM Karen Chew <[email protected]> wrote:
Hello Commissioner Norwood,
I hope this email finds you well. This email is just to inform you that the term tied to your Commission seat is set to expire in April 2022. If you wish to be reappointed and have your term extended please send an email to Mayor Tran and our City Clerk, Wendy Wood, expressing your interest in continuing to serve. There will be a recruitment later next month to fill any vacant positions on the Economic Development and Trade Commission. Our office will gather all applications submitted during this recruitment process and provide them to the Mayor for his review. Your reappointment email will be included in that batch if you choose to seek reappointment. Please email the Mayor and our City Clerk at your earliest convenience.
The Mayor’s email is [email protected] and Wendy’s email is [email protected].
Sincerely,
Karen Chew
Office Assistant II
Phone (408) 586-3004
Email [email protected]
455 E. Calaveras Blvd., Milpitas CA 95035
www.ci.milpitas.ca.gov
85 Item # C10.
1 Karen Chew
From: Wendy Wood
Sent: Thursday, February 24, 2022 11:19 AM
To: Karen Chew
Subject: FW: Energy and Environment Sustainability Commission (EESC): Voting Member FYI
From: Email | Admin
Sent: Tuesday, February 15, 2022 4:35 AM
To: Evelyn Chua <[email protected]>
Cc: Ashwini Kantak <[email protected]>; Wendy Wood <[email protected]> Subject: Re: Energy and Environment Sustainability Commission (EESC): Voting Member CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.
Hi Wendy,
I would like to start the application process for the open Commissioner position on the Energy and Environmental Sustainability Commission. Please help guide me through the steps I need to take.
Thanks in advance for your help,
Jeff
From: Evelyn Chua <[email protected]>
Sent: Tuesday, February 15, 2022 2:15 AM
To: Jeffrey Hogg
Cc: Ashwini Kantak <[email protected]>; Wendy Wood <[email protected]> Subject: Energy and Environment Sustainability Commission (EESC): Voting Member Hello Commissioner Hogg,
There is an opening for a voting member at the EES Commission. Being and Alternate Commissioner and if there is any interest, Mr. Hogg. Kindly email our City Clerk, Ms. Wood. She’ll guide you on the process.
Thank you both.
Councilmember Chua
Sent from my iPad
86 Item # C10.
87 Item # C10.
88 Item # C10.
89 Item # C10.
1 Karen Chew
Subject: FW: PRCRC COMMISSIONER POSITION TO LAPSE
From: Voltaire Montemayor
Sent: Thursday, June 23, 2022 8:43 AM
To: Wendy Wood <[email protected]>; Rich Tran <[email protected]> Subject: PRCRC COMMISSIONER POSITION TO LAPSE
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.
THRU: Wendy Wood, City Clerk, City of Milpitas
TO: Rich Tran, Mayor of the City of Milpitas
Please Reinstate my near terminating position as a PRCRC- Parks, Commissioner. Thank you very much for the concern. I appreciate it. Regards, God Bless.
Very respectfully yours,
Voltaire Montemayor
Voltaire Montemayor
90 Item # C10.
1 Karen ChewSubject: FW: PRCR Commission voting member
On Jun 2, 2022, at 11:33 AM, Rondi Jackson wrote:
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.
Dear Mayor Tran, Ms. Lorentzen, and Ms. Wood,
I am currently an alternate on this commission.
I am emailing you to let you know, I am interested in becoming a voting member.
Thanks for your consideration,
Rondi Jackson
91 Item # C10.
1 Karen ChewSubject: FW: PARKS, RECREATION, AND CULTURAL RESOURCES COMMISSION openingFrom: ALLEN THOMAS Sent: Saturday, June 4, 2022 11:06 AM
To: Wendy Wood <[email protected]>
Cc: Allen Thomas ‐ Veterans Commission
Subject: PARKS, RECREATION, AND CULTURAL RESOURCES COMMISSION opening CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.Hi Ms Wood I have been made aware of the voting member position openings on the Parks, Recreation, and Cultural Resources Commission. I am currently on that commission as an alternate and would like to be considered for updating to full a full voting position. I look forward to continued work as a member of this commission.
Allen Thomas
92 Item # C10.
1 Karen Chew
From: Donald Clendenin
Sent: Friday, April 15, 2022 5:13 PM
To: Wendy Wood; Rich Tran
Cc: Karen Chew
Subject: Re: PSEPC Reappointment
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.
To Mayor Rich Tran and Wendy Wood,
I would like to continue serving on the Public Safety and Emergency Commission. I have served for many years and we have made many changes and improvements over those years. Especially in getting the public informed.
Don :O) <\\\><
KJ6ACE
On 2022-04-15 13:59, Karen Chew wrote:
Hello Commissioner Clendenin,
I hope this email finds you well. I just wanted to reach out to you and inform you that the term tied to your Commission seat is set to expire in June 2022. If you wish to be reappointed and have your term extended, please send an email to Mayor Tran and our City Clerk, Wendy Wood, expressing your interest in continuing to serve. There will be a recruitment this month to fill any vacant positions on the Public Safety and Emergency Preparedness Commission. Our office will gather all applications submitted during this recruitment process and provide them to the Mayor for his review. Your reappointment email will be included in that batch if you choose to seek reappointment. Please email the Mayor and our City Clerk at your earliest convenience.
The Mayor’s email is [email protected] and Wendy’s email is [email protected].
Sincerely,
93 Item # C10.
1 Karen Chew
Subject: FW: Commission Reappointment: Public Safety and Emergency Preparedness Commission
Dear City Clerk Woods,
I am sending you this e-mail to inform you of my desire to be reappointed to the Public Safety and Emergency Preparedness Commission (PSEPC).
The past two years have been challenging; but I feel as if the PSEPC has made some real progress as far as widening the definition of what the future might hold as far as mitigated response to the broad spectrum of emergency events that California (and Milpitas) may face.
I have learned much from my fellow commissioners, and hope that I have contributed to some of the impactful issues we have been tasked with reviewing.
I have informed Mayor Tran of my desire to be reappointed.
Thanking you for your time,
Jon Nakapalau
94 Item # C10.
1 Karen Chew
From: Mike Berryhill
Sent: Tuesday, June 14, 2022 2:38 AM
To: Rich Tran; Wendy Wood
Cc: Toni-Lynn Charlop; Karen Chew; Suzanne Guzzetta
Subject: Re: PSEPC Term Expiring
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.
Hello Wendy,
The logical course of action when there's a vacancy on a Commission would be to first automatically move up the Alternates to Member status, then to appoint new Alternates. That's the way it was handled for many years, and there were no changes to the Commissioner Handbook to indicate that there was a change in the process, so I'm wondering why the process was changed without informing Commissioners.
I believe I already stated several times that I wish to be reappointed, but if I have not made that 100% clear yet...
"Please reappoint me as a Member to the Public Safety and Emergency Preparedness Commission for a term of 3 years, expiring on 6/1/2025."
Thanks,
Mike Berryhill
On Monday, June 13, 2022, 08:00:57 PM PDT, Wendy Wood <[email protected]> wrote:
Hello Mr. Berryhill,
I have reviewed the Commissioner Handbook again, and you are correct there is no language specifically stating that an alternate has to submit a request. However, it does state the following:
APPLICATION & APPOINTMENT
To apply for service on any City of Milpitas Commission, residents or interested persons shall complete a Commission Application and submit the form to the City Clerk. Form may be submitted in person, by US postal mail, or by e-mail. The form is available at the City Clerk’s office and on the City website. If requested, applicants may be asked to complete a supplemental questionnaire.
95 Item # C10.
96 Item # C10.
1 Karen Chew
Subject: FW: Senior Advisory Commission
From: Rich Tran <[email protected]>
Sent: Monday, June 20, 2022 1:08 PM
To: Deborah R. Langley
Cc: Wendy Wood <[email protected]>
Subject: RE: Senior Advisory Commission
Hi Wendy,
Please agendize Commissioner Langley for commission re-appointment for the first City Council meeting in August. Thank you kindly.
Rich Tran
Mayor
City of Milpitas
455 East Calaveras Blvd., Milpitas CA 95035
Phone (408) 755-5554
Email [email protected]
www.ci.milpitas.ca.gov
From: Deborah
Sent: Monday, June 20, 2022 10:02:06 AM
To: Rich Tran <[email protected]>
Subject: Senior Advisory Commission
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.
Sent from my iPhone
Good Morning Mayor
I am writing to request a renewal as commissioner.
I am currently Vice Chair.
Thank you for your consideration
Deborah Langley
97 Item # C10.
1 Karen Chew
Subject: FW: Reynaldo Lingad - Veterans Commission Reappoinment On Wednesday, February 2, 2022, 10:22 PM, Reynaldo Lingad wrote:
Good Evening Mayor Tran
Hope everything is well with you.
I’m still interested to continue to serve as a Veteran Commissioner.
Kindly extend my term for this year 2022. Thanks
Regards,
Rey
Sent from Yahoo Mail for iPad
98 Item # C10.
99 Item # C10.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Accept Commissioner Resignations (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 8/9/2022
Recommendation: Accept the resignations of Aileen Zhong from the Community Advisory Commission and Cecelia Hutnick from the Arts Commission; and direct the Acting City Clerk to post the notice of unscheduled vacancies.
BACKGROUND:
In accordance with the City of Milpitas Commission By-Laws adopted as Resolution No. 7702, any member or alternate member of a Commission who is no longer available to serve, must submit a resignation in writing by sending a written communication to the Mayor and the City Clerk. The written resignation must then be accepted and confirmed by City Council via action on the consent calendar at a regularly scheduled City Council meeting. Aileen Zhong submitted a notice of resignation from the Community Advisory Commission, and Cecelia Hutnick submitted a notice of resignation from the Arts Commission.
ANALYSIS:
By state law, a Notice of an Unscheduled Vacancy must be posted by the City Clerk to advertise the vacant Commission seat. Final appointment to the board, commission, or committee for the Unscheduled Vacancy shall not be made by the legislative body for at least ten working days after the posting of the notice in the Clerk’s office. The notice of the unscheduled vacancies for the Community Advisory Commission and Arts Commission will be posted Wednesday, August 10, 2022.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
Accept the resignations of Commissioner Aileen Zhong from the Community Advisory Commission and Cecelia Hutnick from the Arts Commission; and direct the City Clerk to post the notice of unscheduled vacancies.
Attachments:
1. Email from Commissioner Aileen Zhong
2. Email from Commissioner Cecelia Hutnick
100
Item # C11.
From: MAIN
To: City Clerk; Rich Tran
Cc: Robert Musallam
Subject: Commission Resignation
Date: Tuesday, July 19, 2022 3:12:46 AM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.
Dear Mayor Tran and City Clerk’s Office Staff:
I hope your week is going well. With much regret, I am writing because I will unfortunately have to resign from my position as commissioner. I will be moving to Oakland for work and will no longer be able to fulfill my obligations.
It has been such a pleasure and I hope that I will be able to move back home to the city that I love and grew up in soon. Please do not hesitate to reach out to me if anything is needed from me to move this forward.
Thank you so much for all of the work you do - forever grateful.
My best,
Aileen
101
Item # C11.
7/28/22, 12:36 PM Mail - Tegan McLane - Outlook
Commission Resignation
Cecelia Hutnick
Tue 7/19/2022 8:01 PM
To: Tegan McLane <tmclane@milpitas gov>
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.
Hi Tegan!
It is my greatest displeasure to inform you that I will be moving to Long Beach this august to earn my MBA and as such, I will have to resign from the Arts commission effective immediately.
I have truly enjoyed my time on the committee and wish I could have served for the entirety of the term I was so graciously appointed.
If there are any other steps that need to be taken, please let me know.
Kindly,
Cecelia Hutnick
102
Item # C11.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: 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) Category: Consent Calendar-Leadership and Support Services Meeting Date: 8/9/2022
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.
Background:
On March 17, 2020, in the face of the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely telephonically or by other electronic means.
The provisions in the Brown Act that were suspended by the Governor’s Executive Order are contained at Government Code Section 54953(b)(3) and require that when teleconferencing is used, outside of a statewide emergency, that the following occur:
An agenda is required to be posted at all locations, including any teleconference locations Each teleconference location must be identified on the actual agenda Each teleconference location shall be accessible to the public A quorum of the legislative body must be in the jurisdiction With the Governor’s Executive Order, the four above requirements were suspended, allowing Councilmembers to not have to post an agenda at their teleconference location, not have to identify their location on the meeting agenda, not have to ensure public accessibility at the teleconference location, and the legislative body did not need a quorum present in the jurisdiction. As the Council is well aware, this allowed all City Council meetings and other meetings of legislative bodies of the City to be conducted by Zoom with councilmembers, commission members, committee members, and staff all joining from remote virtual locations.
The suspension of certain provisions of the Brown Act was further extended by the Governor on June 11, 2021 by the issuance of Executive Order N-08-21 which continued to allow for complete virtual meetings until September 30, 2021.
With the expiration of the Governor’s Executive Order and the uncertainty that surrounded the Governor’s potential recall, the State Legislature also took the remote meeting issue into its own hands through the adoption of Assembly Bill 361, which is explained in more depth in the Analysis section below.
On May 17. 2022, the City Council adopted Resolution No. 9156, making findings that there is an existing State of Emergency and that state or local officials continue to recommend social distancing measures to prevent the spread of COVID-19. In particular, the resolution included reference to Cal-OSHA regulation 3205, which 103
Item # C12.
recommends physical distancing in the workplace. By motion and majority vote, the City Council may reconfirm the findings of Resolution No. 9156 and continue to hold virtual meetings pursuant to AB 361.
Analysis:
On September 16, 2021, the Governor signed AB 361, which allows legislative bodies to meet virtually provided there is a state of emergency declared by the Governor, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees. The Governor by executive order signed on September 20, 2021, suspended the effective date of AB 361 to October 1, 2021. As a result, if the City desires to have virtual meetings on or after October 1, 2021, it must do so consistent with the requirements of AB 361.
AB 361 preserves many of the provisions of the earlier executive orders, including the suspension of the four teleconferencing requirements noted above, while also adding new requirements to the management of remote and teleconference public meetings in order to better achieve the levels of transparency that the Brown Act demands. Specifically, AB 361 imposes two new rules on remote public meetings:
1. Local governments and agencies hosting teleconference meetings in lieu of traditional in-person public meetings must permit direct public comment during the teleconference and must leave open the opportunity for public comment until the comment period for a given item is closed during the ordinary course of the meeting. The opportunity to make public comment must be of a sufficient duration so as to allow actual public participation.
2. Any action by the governing body during a public teleconference meeting must occur while the agency is actively and successfully broadcasting to members of the public through a call-in option or an internet-based service option. If a technical disruption within the agency’s control prevents members of the public from either viewing the meeting of the public agency or prevents members of the public from offering public comment, the agency must cease all action on the meeting agenda until the disruption ends and the broadcast is restored. Action taken during an agency-caused disruption may be challenged as a violation of the Brown Act.
In order to continue to qualify for AB 361’s waiver of in-person meeting requirements, the City Council must, within thirty (30) days of its first meeting under AB 361, and every thirty (30) days thereafter, make findings that (a) state or local officials continue to recommend measures to promote social distancing, or that (b) an in-person meeting would constitute an imminent risk to the safety of attendees.
The above conditions continue to exist at this time, and staff recommends that the City Council by motion reconfirm the findings made in Resolution No. 9156 so that the City Council and all other subordinate legislative bodies may continue to meet virtually.
Lastly, it is important to note that AB 361 is optional. If the City Council wishes, it may meet in person. In addition, hybrid meetings are permissible.
Policy Alternatives:
Alternative 1: Do not by motion reconfirm the findings made in the resolution making findings and determinations under Assembly Bill 361 for the continuation of virtual meetings.
Pros: None
Cons: Many of the existing Commission, Committee, and Task Force meetings will not be able to meet virtually or through a hybrid format forcing all staff, commission or committee members, and the public to attend meetings in person.
Reason not recommended: The COVID-19 pandemic continues to be a global health issue and by forcing commission, committee, and task force meetings to be in person, public health may be put at risk.
Fiscal Impact:
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Item # C12.
The City Council’s reconfirmation of the findings made in the resolution to continue with virtual meetings will maintain the status quo and no financial impact is anticipated by the reconfirmation of the findings.
California Environmental Quality Act:
The City Council’s reconfirmation of the findings made in the resolution is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b)(5) as it constitutes an organizational or administrative activity of the government that will not result in direct or indirect physical changes in the environment. Further, virtual meetings are likely to reduce certain impacts associated with vehicular travel related to in-person public meetings.
Recommendation:
Move to reconfirm findings and determinations under Resolution No. 9105 and Assembly Bill 361 for the continuation of virtual meetings of the City Council and Legislative Bodies.
Attachment
1. Resolution 9165
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Item # C12.
106
Item # C12.
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Item # C12.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: 2022 Weed Abatement Assessment Public Hearing and Adopt a Resolution to Confirm the Assessment Report (Staff Contact: Arthur Belton, Deputy Fire Chief / Fire Marshal, 408-586-3384)
Category: Public Hearings-Public Safety
Meeting Date: 8/9/2022
Recommendation: Conduct a Public Hearing and Adopt a Resolution Confirming the 2022 Weed Abatement Assessment Report and the Assessment List to be Entered into the Tax Assessment Rolls
Background:
On February 2, 1976, an Agreement was established and approved to abate weeds by the County of Santa Clara for the City of Milpitas. The purpose of the Agreement is to promote the efficiency and economy of operations in the abatement of weeds by the City and the County.
The major procedural functions to be performed by the County and / or City shall include but not be limited to:
1. The County shall prepare the list of parcels requiring abatement of weeds in the City and transmit the said list to the City for review and approval for processing.
2. The County shall prepare the notice of weed abatement and cause such notice to be mailed to the owners of the parcels requiring weed abatement.
3. The City Council shall conduct public hearings on the proposed removal of weeds pursuant to the provisions of the City Ordinance when the City Fire Marshal presents such appropriate resolutions for adoption. The City Council may, by adoption of a resolution, declare the weeds on the respective parcels of the land as a public nuisance, and make the determination to proceed with the abatement of weeds, and authorize the performance of the service to remove the weeds in accordance with the aforementioned Agreement.
4. Upon proper authorization by the City, the County shall remove the weeds on the designated properties.
5. The County shall render to the City an itemized assessment report for the cost of the weed abatement services performed per the respective parcels.
6. Pursuant to California Health and Safety Code 14915, a copy of the report, as confirmed, shall be turned over to the auditor of the county, on or before the tenth day of August following such confirmation, and the auditor shall enter the amounts of the assessments against the respective parcels of land as they appear on the current assessment roll, (Amended by Stats. 1939, Ch. 354). 108
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7. The City Council, after a public hearing, shall require the County Assessor’s Office to include the costs of the weed abatement services performed for the City for the current year, as a special assessment on bills for taxes levied against the affected parcels. Such special assessments shall be liens on the respective properties.
Analysis:
On March 15, 2022, the City Council adopted Resolution No. 9135 declaring noxious or dangerous weeds growing upon certain described property to be a public nuisance that must be abated by the removal of the weeds. If the public nuisance was not removed from the properties by the owner, the City contracted with the County of Santa Clara Consumer and Environmental Protection Agency- Weed Abatement Program (County) to remove the weeds and abate the nuisance. In accordance with Title V, Chapter 202 of the Milpitas Municipal Code, the County filed with the City Clerk a report and assessment list on weeds abated within the City as nuisances. A notice for the public hearing was posted in the designated locations, sent by the City Clerk’s Office to the local newspaper for publication, as well as mailed to the affected property owners by the Fire Marshal’s Office pursuant to Milpitas Municipal Code Section V-202-9.00.
On June 21, 2022, the City Council approved and authorized 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. The intent of this updated agreement was to provide consistency with current County standards. The County typically adjusts fees annually to ensure costs of the program are fully recovered from property owners within the program.
Language in the agreement included a provision for a true-up, where the City will be responsible for any potential shortfall if the amounts collected from property owners are inadequate to reimburse the County for services provided.
The City’s Municipal Code requires that the City Council hear the report together with any objections of the property owners liable to be assessed and make such modifications on the proposed assessment as it deems necessary.
Following adoption by the City Council, the resolution will be recorded and charges thereon become a lien on the land involved to be collected in the same manner as property taxes. A copy of the assessment list and the proposed resolution confirming the weed abatement report are included in the Council’s agenda packet.
Policy Alternative:
There are no policy alternatives other than what is outlined under the Recommendations section. Pursuant to the February 2, 1976 Agreement, the County under the provisions of the Health and Safety Code of the State of California and its ordinance has the authority to enforce the abatement of weeds. Likewise, the City under the California Fire Code and Milpitas Municipal Code, Title V, Chapter 202 has the authority to enforce the abatement of weeds.
Fiscal Impact:
At the first City Council meeting in August of each year during a public hearing, the City’s municipal code provides that the City Council hear the assessment report for the list of weeds abated within the City, together with any objections of the property owners liable to be assessed, and to make such modifications on the proposed assessment as it deems necessary. Following adoption by the City Council, the resolution will be recorded, and charges thereon become a lien on the land involved to be collected in the same manner as property taxes.
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If the County’s costs to administer the program are not fully recovered through fees from the property owners, Section 7C of the agreement may be applied. If this true-up occurs, it would impact the General Fund via the Unanticipated Expenditure Reserve.
California Environmental Quality Act:
The proposed action is exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15602(b)(3) (Common Sense Exemption) in that CEQA applies only to project applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Recommendations:
1. Open the Public Hearing for public comment and close the Public Hearing.
2. Adopt a Resolution Confirming the 2022 Weed Abatement Assessment Report and the Assessment List to be entered into the Tax Assessment Rolls.
Attachments:
1. Resolution
2. Exhibit A - 2022 Weed Abatement Assessment Report for the City of Milpitas 110
Item # 13.
When Recorded Mail to:
City of Milpitas
Attention: City Clerk
455 East Calaveras Boulevard
Milpitas, CA 95035
Record without fee under
Section 6103 - Government Code
State of California
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS CONFIRMING A WEED
ABATEMENT ASSESSMENT REPORT AND ASSESSMENT LIST TO BE ENTERED ON TAX
ASSESSMENT ROLLS
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RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS CONFIRMING A WEED
ABATEMENT ASSESSMENT REPORT AND ASSESSMENT LIST TO BE ENTERED ON TAX
ASSESSMENT ROLLS
WHEREAS, on March 15, 2022, the City Council of the City of Milpitas adopted Resolution No. 9135 declaring noxious or dangerous weeds growing upon and/or the accumulation of rubbish, refuse or dirt upon certain described property to be a public nuisance that must be abated by removal; and WHEREAS, if the public nuisance was not removed from the properties by the owner, the City contracted with the Office of Santa Clara County Agricultural and Environmental Management to remove the weeds, rubbish, refuse and/or dirt and abate the nuisance; and
WHEREAS, the Office of Santa Clara County Agricultural and Environmental Management filed a report and abatement assessment list with the City Clerk in conformance with Title V, Chapter 202 of the Milpitas Municipal Code; and
WHEREAS, notice of the report and abatement assessment list was posted in accordance with Milpitas Municipal Code, Section V-202-9.00; and
WHEREAS, on August 9, 2022 a public hearing was held on said report and assessment list, a copy of which is attached hereto as Exhibit A; and
WHEREAS, the City Council heard any objections of the property owners liable to be assessed for the abatement and found as follows.
NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council hereby confirms the 2022 Weed Abatement Assessment Report and Abatement List by the County of Santa Clara for the City of Milpitas, filed by the Office of Santa Clara County Agricultural and Environmental Management, without modification.
3. The City Council orders that the cost of abating such public nuisance upon the various properties respectively referred to in the 2022 Weed Abatement Assessment Report and Assessment List shall constitute special assessments against such respective parcels of land and shall constitute a lien against such parcels for the amount of such assessments.
4. The City Manager shall cause a certified copy of this Resolution confirming the 2022 Weed Abatement Assessment Report and Assessment List to be recorded in the Office of the Santa Clara County Recorder and to be filed with the County Tax Assessor and Collector’s office and the County Auditor’s office in order for said assessments to be entered on the tax rolls as provided by Title V, Chapter 202 of the Milpitas Municipal Code.
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PASSED AND ADOPTED this __________ day of __________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______________________________________ ________________________________ Suzanne Guzzetta, Acting City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
_________________________________________
Michael Mutalipassi, City Attorney
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Item # 13.
APN TAXROLL AMT
634 ABEL 022-06-010 $1,840.10
7280 MARYLINN 022-07-007 $596.00
549 ABEL 022-09-028 $91.00
1735 CALIFORNIA 022-37-002 $596.00
1301 CALIFORNIA 022-38-002 $91.00
DIXON 026-05-023 $596.00
1878 MILPITAS 026-05-024 $596.00
026-06-012 $596.00
1750 ARIZONA 026-07-044 $1,146.00
BOTHELO 028-23-017 $1,146.00
028-24-006 $2,435.00
1301 CALLE ORIENTE 029-05-012 $91.00
666 EVANS 029-06-008 $91.00
860 EVANS 029-06-016 $91.00
826 CALAVERAS RIDGE 029-06-031 $596.00
898 CALAVERAS RIDGE 029-06-038 $91.00
322 PARK VICTORIA 029-16-006 $596.00
1220 COUNTRY CLUB 029-52-014 $91.00
1039 CAMARILLO 029-52-015 $91.00
673 QUINCE 029-59-014 $596.00
517 VISTA RIDGE 042-30-009 $91.00
519 VISTA RIDGE 042-30-010 $596.00
529 VISTA RIDGE 042-30-015 $91.00
410 VISTA RIDGE 042-30-024 $596.00
350 VISTA RIDGE 042-30-025 $91.00
531 VISTA RIDGE 042-30-029 $91.00
MAIN 083-07-015 $91.00
086-25-018 $6,755.00
MAIN 086-25-028 $1,439.80
086-25-030 $2,051.00
MAIN 086-25-051 $737.08
086-26-039 $596.00
086-26-040 $91.00
086-26-042 $596.00
MILPITAS 086-28-006 $596.00
VISTA 086-29-005 $19,070.75
WRIGLEY 086-29-036 $2,675.00
YOSEMITE 086-29-047 $596.00
876 YOSEMITE 086-30-047 $2,636.00
YOSEMITE 086-30-048 $3,648.50
AMES 086-30-060 $4,919.00
086-31-003 $7,238.00
086-32-084 $1,146.00
SITUS
2022 WEED ABATEMENT PROGRAM
ASSESSMENT REPORT
CITY OF MILPITAS
114
Item # 13.
375 DEMPSEY 088-01-002 $596.00
335 PARK VICTORIA 088-03-019 $91.00
PARK VICTORIA 088-04-062 $91.00
DEMPSEY 088-04-076 $2,082.65
OLD PIEDMONT 092-34-008 $91.00
1250 PIEDMONT 092-34-014 $91.00
2235 URIDIAS RANCH 092-37-050 $91.00
$71,634.88
115
Item # 13.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Certifying Election Results and Adding the Property Located at 150 Market Street into Community Facilities District No. 2008-1 (Annexation No. 23) (Staff Contact: Steve Erickson, Director of Engineering/City Engineer, 408-586- 3301)
Category: Public Hearings-Community Development
Meeting Date: 8/9/2022
Recommendation: Following receipt of election results from the Acting City Clerk, adopt a Resolution Certifying Election Results and Adding the Property Located at 150 Market Street into Community Facilities District No. 2008-1 (Annexation No. 23) BACKGROUND:
On March 20, 2012, the City Council approved a Major Tentative Map (MT11-0002), and on November 17, 2015, approved an amendment to Site Development Permit (SD11-0001) and Conditional Use Permit (UP11- 0037) to allow the construction of 4 mixed use buildings with 953 residential units and 98,684 square feet of commercial space on 13.33 acres (District 1); and 200 residential condominium units on 9.68 acres (District 2) located at 1315 – 1600 McCandless Drive. The development includes ancillary lots for private streets and public streets. District 1 is currently being developed in phases with multiple final maps. The current phase of The District 1, Lot 4 Project consists of 213 residential units and 3,480 square feet of commercial space on
2.29 acres located at 150 Market Street (District 1, Lot 4) will be constructed by Milpitas-District 4 Owner, LLC (Developer).
ANALYSIS:
The District 1, Lot 4 Project Tract Map 10476, was filed for record in the office of the recorder of the County of Santa Clara, California on January 24, 2020, in Book 929 of Maps, Pages 5-7). The District 1, Lot 4 Project is subject to annexation into the Community Facilities District No. 2008-1 (CFD 2008-1). The City has on file a Certificate of Registrar of Voters from the County of Santa Clara certifying that there are no registered voters residing within the boundaries of the proposed CFD Annexation No. 23 for this Project. The Developer, Milpitas-District 4- Owner, LLC is the sole property owner, and on August 4, 2022 the property owner voted to agree to the proposed Annexation No. 23 into CFD 2008-1. The resolution attached hereto documents the results of the election on annexation. Annexation into CFD 2008-1 is subject to the provisions of the MelloRoos Community Facilities Act of 1982, commencing with Section 53311 of the Government Code. While the Act has a number of requirements for annexation and imposition of the special tax, the Developer (as the sole landowner within the annexation territory) has agreed to waive many of the formalities. A copy of the waiver executed by the Developer is on file with the City Clerk.
POLICY ALTERNATIVE(S):
Alternative 1:
Do not adopt a Resolution certifying election results and adding the property located at 150 Market Street into Community Facilities District No. 2008-1 (Annexation No. 23), thereby denying the Annexation of the Project into CFC 2008-1.
Pros: None
Cons: Denying the Annexation No. 23 of Project into the CFD No. 2008-1 would prevent the City from levying special taxes on this parcel to fund the perpetual maintenance of public services and improvements serving this Project. 116
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Reason for Not Recommending: To provide sufficient funding for the perpetual maintenance of improvements and services within CFD No. 2008-1 serving this Project, staff recommends adoption of the resolution certifying the election results and adding Project to CFD 2008-1.
FISCAL IMPACT:
Adding the Property to the CFD No. 2008-1 would allow the City to levy special taxes on this parcel to fund public services to support the development.
California Environmental Quality Act (CEQA):
This project is covered under the scope of activities approved under the Transit Area Specific Plan Environmental Impact Report, SCH2006032091, which was certified by City Council on June 3, 2008. On October 16, 2018, the City Council found that the project is exempt from further environmental review pursuant to CEQA Guidelines Section 15183 (projects consistent with a Community Plan, General Plan or Zoning); CEQA Guidelines Section 15182 (residential projects consistent with a specific plan); and CEQA Guidelines Section 15168 (projects within the scope of a program EIR).
RECOMMENDATION:
Following receipt of election results from the City Clerk, adopt a resolution certifying election results and adding Lot 4 to Community Facilities District No. 2008-1 (Annexation No. 22) Attachment(s):
Resolution
117
Item # 14.
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS CERTIFYING THE RESULTS OF AN ELECTION AND ADDING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2008-1 (PUBLIC SERVICES)
(Annexation No. 23)
WHEREAS, the City Council of the City of Milpitas (the “City Council”) has previously formed Community Facilities District No. 2008-1 (Public Services) (“CFD No. 2008-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, for the purpose of financing certain Public Services; and WHEREAS, acting pursuant to the Act, the City Council also authorized by the adoption of Resolution No. 8601 (the “Resolution Authorizing Future Annexation”) the annexation in the future of territory to CFD No. 2008-1, such territory designated as Future Annexation Area, Community Facilities District No. 2008-1 (the “Future Annexation Area”); and WHEREAS, at this time the unanimous consent to the annexation of certain territory located within the Future Annexation Area to CFD No. 2008-1 has been received from the property owner of such territory, and such territory has been designated as Annexation No. 23 (the "Territory"); and WHEREAS, less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the "landowner," as such term is defined in Government Code Section 53317(f), of such Territory and such landowner who is the owner of record as of the applicable election date, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of the parcel of land that landowner owns within such Territory; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the Territory to the qualified elector thereof and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified elector of the Territory; and WHEREAS, the City Clerk of the City of Milpitas has caused a ballot to be distributed to the qualified elector of the Territory, has received and canvassed such ballot and made a report to the City Council regarding the results of such canvass, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, at this time the measure voted upon and such measure did receive the favorable vote of the qualified elector of the Territory, and the City Council desires to declare the results of the election; and WHEREAS, a map showing the Territory and designated as Annexation Map No. 23 (the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, has been submitted to this legislative body.
NOW, THEREFORE, the City Council of the City of Milpitas, California, acting as the legislative body of Community Facilities District No. 2008-1, hereby finds, determines and resolves as follows:
1. Recitals. The above recitals are true and correct.
2. Findings. This legislative body does hereby further determine as follows:
A. The unanimous consent as described in the recitals hereto to the annexation of the Territory to CFD No. 2008-1 has been given by the owner of the Territory and such consent shall be kept on file in the Office of the City Clerk of the City of Milpitas.
B. Less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the each of the parcels located within the Territory, therefore, pursuant to the Act the qualified elector for the Territory shall be the "landowner" of the Territory as such term is defined in Government Code Section 53317(f). 118
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2 Resolution No. ____
C. The qualified elector of the Territory has voted in favor of the levy of special taxes on the Territory upon its annexation to CFD No. 2008-1.
3. Territory. The boundaries and parcels of property within the Territory and on which special taxes will be levied in order to pay for the costs and expenses of authorized Public Services are shown on the Annexation Map as submitted to and hereby approved by this legislative body.
4. Declaration of Annexation. This legislative body does hereby determine and declare that the Territory, and each parcel therein, is now added to and becomes a part of CFD No. 2008-1. The City Council, acting as the legislative body of CFD No. 2008-1, is hereby empowered to levy the authorized special tax within the Territory.
5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows:
A. A copy of the Annexation Map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.
B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.
6. Effective Date. This Resolution shall become effective upon its adoption.
PASSED AND ADOPTED this _____ day of ______________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Suzanne Guzzetta, Interim City Clerk
APPROVED:
Rich Tran, Mayor
APPROVED AS TO FORM:
__________________________________
Michael Mutalipassi, City Attorney
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Exhibit A
EXHIBIT A
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF MILPITAS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF MILPITAS
COMMUNITY FACILITIES DISTRICT NO. 2008-1
(PUBLIC SERVICES)
SPECIAL ELECTION
ANNEXATION NO. 23
held on the election date established for each parcel located within the territory included in Annexation No. 23.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Community Facilities District No. 2008-1 for or against the Measure are full, true and correct.
VOTES CAST ON PROPOSITION 1: YES
NO
WITNESS my hand this day of , 2022.
SUZANNE GUZZETTA, INTERIM CITY CLERK
ELECTION OFFICIAL
CITY OF MILPITAS
OF THE STATE OF CALIFORNIA
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Exhibit B
EXHIBIT B
ANNEXATION MAP
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CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Conduct a Public Hearing, Adopt a Resolution to Adopt the Climate Action Plan Update and the Addendum to the General Plan Environmental Impact Report and Approve a related Budget Amendment (Staff Contact: Elaine Marshall, Deputy Public Works Director, 408-586-2603)
Category: Public Hearings-Community Services and Sustainable Infrastructure Meeting Date: 8/9/2022
Recommendation: (1) Open the public hearing for comments and move to close the hearing; (2) Adopt a Resolution to Adopt the Climate Action Plan Update and the Addendum to the Milpitas General Plan 2040 EIR for the Milpitas Climate Action Plan Update; (3) Approve a Budget Appropriation in the amount of $150,000 to CIP #3416 for near term implementation of the Climate Action Plan Update.
Background:
The City’s Climate Action Plan (CAP) was adopted in May 2013 and was intended to serve as a roadmap to meeting the State’s 2020 greenhouse gas (GHG) emissions reduction target (15% below 2005 baseline emissions). The CAP was designed to streamline environmental review of future development projects in the City of Milpitas, and its planning horizon only went are far as 2020.
Since 2013, new studies and reports are showing that climate change is happening faster than anticipated.
Many communities, including some nearby, are experiencing extreme weather events such as flooding, prolonged drought, and wildfires. New state targets have been adopted that call for longer term GHG reductions including the most recent Executive Order B-55-18 (signed in September 2018) which sets a goal for the State to achieve carbon neutrality by 2045. Additionally, there are new requirements to increase organics diversion and ensure water is used efficiently.
The City Council approved CIP #3416 to update the CAP as part of the adoption of the 2019-2025 Capital Improvement Program. After a competitive RFP process, on August 4, 2020, the City Council approved a contract with Ascent Environmental Consultants to provide technical support for the CAP Update.
Through the development and implementation of its CAP Update, the City is joining hundreds of other communities across the nation in tackling the challenges posed by climate change. The update process began in fall 2020 with multiple community engagement points throughout 2021 including an online survey, virtual community workshop in May 2020, workshops with Milpitas High school students, and multiple meetings with the Energy and Environmental Sustainability Commission, and City’s Executive Steering Committee. The CAP Update aims to meet these long term targets as approved by the State and sets a path for the City to achieve carbon neutrality by 2045. This CAP Update is primarily focused on achieving the 2030 target and aims to make substantial progress in achieving the longer-term 2040 and 2045 targets.
On April 5, 2022, the City Council received an update on the final draft of Climate Action Plan Update and provided some general feedback to staff. On May 11, 2022, the Public Review Draft of the CAP Update was released for public review and comment. The availability of the CAP Update for public review was noticed in the Milpitas Post and publicized through the City’s Facebook page, Milpitas Matters, and through the Sustainability newsletter. Presentations and information on the public comment period were made to the 122
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Energy and Environmental Sustainability Commission and the City’s Community Development Roundtable.
The public comment period closed on June 10, 2022.
Analysis:
During the public comment period, the City receievd six sets of comments on the CAP Update document, five from Milpitas residents and a letter from the Sierra Club Loma Prieta Chapter. A majority of the comments were administrative corrections or clarifications to the document and can be easily incorporated into the final, published CAP Update. Attachment 2 includes the responses to the all the comments received. There are seveal other comments that relate to accelerating longer term goals and targets. The key emerging themes from those other comments are summarized below:
Accelerate the 2040 and 2045 targets to achieve additional reductions sooner Accelerate goals to fully decarbornize existing buildings sooner Establish an End of Flow (of natural gas) by 2040 (or 2035 for commercial buildings and 2040 for residential buildings)
Announce the end of sales of fossil-fuel vehicles by 2030 or Prepare for the end of sale of Internal Combustion Engine (ICE) cars by 2035 in accordance with California Executive Order N-79-20 These comments regarding accelerating the building and vehicle electrification timelines and targets are commendable, and likely justified, and consistent with some of the feedback shared by Councilmember Phan during the April 5, 2022 City Council meeting. However, the project team believes that the actions, targets, and strategies already included in the CAP Update are necessary to establish and elevate Milpitas community support and buy-in for such aggressive targets and goals. Additionally, while the more aggressive goals and targets are visionary, it is unclear how these targets can be met with current technology and infrastructure and at what costs to the City or community. For these reasons, staff recommends adopting the CAP Update as drafted and following the implementation, montioring, and regular update process for adapting actions and targets including a review and consideration to accelerate targets and goals dates as suggested at a later time.
The City’s priority actions for the next 18 months would not be adjusted even if the more aggressive targets and goals were incorporated as the priority actions are foundational to the building decabornization/ electrification efforts (e.g., adopting Reach Codes for Electrification of New Construction and increase EV Charging Station Infastructure Requirements for New Construction) while also raising community awareness and support for electrification of existing buildings and purchases of electic vehicles.
Key Strategies
The CAP Update identifies strategies, measures, and actions that the City will implement to reduce GHG emissions to achieve its emissions reduction targets. These locally based initiatives are organized under six emissions sectors and include descriptions of actions that can be taken for implementation, GHG reduction potential, and associated co-benefits.
The proposed strategies, measures, and actions proposed for inclusion in the CAP Update were developed based on a combination of factors, including the results of the City’s GHG emissions inventories and forecasts, robust engagement with the public and stakeholders, feedback from City staff and elected officials, and the best available climate action planning guidance. Ten key strategies have been identified to address the key sources of GHG emissions in our community. The Key Strategies are:
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Strategy Emission Source/Sector
Shift to Clean and Reliable Energy Building Energy
Maximize Building Decarbonization and Efficiency Building Energy Facilitate Sustainable Transportation and Land Use Planning Transportation Decarbonize Vehicles Transportation
Increase Active and Public Transportation Use Transportation Achieve Zero Waste Solid Waste
Shift to Clean Off Road Equipment and Vehicles Other Sources Promote Resilient Water Supply, Water Use, and Water Resources Water and Wastewater Resilient Infrastructure and Healthy Urban Forest and Natural Systems Carbon Sequestration Foster Green Economic Opportunities and Support Circular Economy Policies
All
2022-2025 Actions
Under each Key Strategy are specific measures and actions that define the activities, programs, policies, or projects that the City will implement or support to achieve the CAP Update’s goals. This CAP Update identifies ten (10) Key Strategies (see table above), forty-five (45) Measures, and more than 130 potential actions for reducing community GHG emissions. An evaluation process was applied to the extensive list to help prioritize actions for near term implementation. These criteria included GHG emissions reduction potential, costeffectiveness, technological/implementation feasibility, consistency with existing policies or programs, jurisdictional control, timeframe of implementation, and associated co-benefits, to generate a prioritization score. These 28 actions are further prioritized into which actions will be implemented within the first 18 months after CAP Update adoption. These immediate actions were highlighted during April 5, 2022 City Council Presentation.
Next 18 Month Actions
Adopt an updated reach code for all electric new construction and increase EV charging station standards beyond State requirements. (BE-2.1.1 and TR-2.1.2) Promote benefits and incentives for clean energy, improved energy efficiency, and electrification of existing buildings. (BE-1.3.2 and BE-2.4.1)
Enforce the City's requirements for SB 743 and continuously Update VMT Policy and Implementation Tools to further reduce VMT (TR-1.1.1)
Incorporate Sustainable Design Measures and incentives into the City's new Zoning Ordinance Update (BE-2.3.1 and TR-1.3.1)
Improve awareness of incentives for low- and zero-emission vehicles and increase EV purchases in Milpitas (TR-2.2.1)
Implement the Milpitas OnDemand "hub-and-spoke" micro-transit pilot program (TR-3.1.1) Implement the updated Trail, Pedestrian, and Bicycle Master Plan to enhance and expand bicycle and pedestrian infrastructure and networks (TR-3.3.5)
Implement and enforce the requirements of SB 1383 and eliminate disposal of compostable organic materials to landfills (SW-1.1.1)
Based on the recommendations from the City's Urban Forestry Management Plan, implement a tree planting program to expand the city's urban forest canopy (CS-1.1.1 and CS-1.1.2) Work with partners offer courses/training that prepare students/workers for green jobs (GE-1.1.1)
MUNICIPAL OPERATIONS ACTIONS
Install EV charging and alternative fuel stations at appropriate City sites (MVF-1.1.1) Update the City’s Green Fleet Policy to convert the City’s non-specialized fleet to all electric and identify alternative fuel options for other vehicles and equipment (MVF-1.1.3) Pursue funding to expand solar and back up battery systems to other City facilities such as PW/PD, City Hall, Sports Center (MBL-1.2.2)
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Inventory and develop strategy to retrofit existing municipal buildings and facilities to be all-electric (MBL-3.1.2)
Enhance and expand waste reduction policies and programs for City facilities (MSW-1.1.1 and MSW-2.1.3)
Use resource efficient landscaping techniques in new or renovated medians and parks (MWA1.1.4) Fiscal Impact:
Staff estimates that up to $150,000 is needed to support near term CAP implementation over the next 18 months as discussed during the April 5, 2022 City Council presentation. This funding is needed to bring on a sustainability fellow to support CAP implementation and coordination as well as funding for technical consultant support to develop a municipal facilities electrification strategy. Funding is available in the Unrestricted General Fund Reserve.
Ongoing implementation of the CAP Update and associated costs will be brought forward for City Council consideration as more programs and policies are developed. Additionally, Staff will pursue grant funding opportunities to support CAP implementation as opportunities are announced. This includes recent grant funding opportunities available through Silicon Valley Clean Energy, State of California, and federal funding opportunities.
California Environmental Quality Act:
To achieve compliance with CEQA guidelines, staff prepared the California Environmental Quality Act (CEQA) Environmental Impact Report (EIR) Addendum (Addendum) to the Milpitas General Plan Update EIR (Milpitas GP EIR; State Clearinghouse No. 2020070348). The City adopted the Milpitas GP EIR on March 9, 2021.
The General Plan 2040 EIR is a program EIR that considers the environmental effects of implementing the General Plan through the 20-year planning horizon. Among the proposed policies and actions evaluated in the General Plan 2040 EIR, Action CON-1a required the City to update the City’s Climate Action Plan (CAP) to achieve the greenhouse gas (GHG) reduction targets for 2030 and 2050. This update to the CAP has been prepared and was released for public review in May of 2022.
As demonstrated in this Addendum (Attachment 3), the proposed CAP would not change any of the conclusions of the General Plan 2040 EIR. The analysis demonstrates that implementation of the proposed CAP would not result in new significant effects or a substantial increase in the severity of previously identified significant effects. Further, no new information of substantial importance has been identified that suggests the potential for the CAP to result in significant or substantially more severe effects not discussed in the General Plan 2040 EIR. A Public Hearing Notice regarding the City Council’s proposal adoption of this Addendum was posted in designated locations and published in the Milpitas Post on July 29, 2022.
Recommendation:
1. Open the public hearing for comments and move to close the hearing;
2. Adopt a Resolution to Adopt the Climate Action Plan Update and the Addendum to the Milpitas General Plan 2040 EIR for the Milpitas Climate Action Plan Update;
3. Approve a Budget Appropriation in the amount of $150,000 to CIP #3416 for near term implementation of the Climate Action Plan Update.
Attachments:
1. Summary of Response to Comments Received on the Public Review Draft of the Climate Action Plan Update
2. Addendum to the Milpitas General Plan 2040 EIR for the Milpitas Climate Action Plan Update
3. Resolution
4. Public Review CAP Update
5. Budget Change Form to Appropriate $150,000 for CIP #3416 125
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ADDENDUM TO THE MILPITAS GENERAL PLAN 2040 EIR FOR THE
Milpitas Climate Action Plan Update
Prepared for:
City of Milpitas
June 2022
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Addendum to the Milpitas General Plan 2040
EIR for the Milpitas Climate Action Plan
Update
Prepared for:
City of Milpitas
455 E Calaveras Blvd.
Milpitas, CA 95035
Contact:
Elaine Marshall
Deputy Public Works Director, Project Lead
[email protected]
Prepared by:
Ascent Environmental
1111 Broadway, Suite 600
Oakland, CA 94607
Contact:
Hannah Kornfeld, AICP
Project Manager
June 2022 20200037.01
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ADDENDUM TO THE MILPITAS GENERAL PLAN UPDATE
ENVIRONMENTAL IMPACT REPORT
FOR THE CITY OF MILPITAS CLIMATE ACTION PLAN UPDATE
State Clearinghouse Number 2020070348
BACKGROUND AND ACTION TRIGGERING THE ADDENDUM
This document serves as an addendum to the Final Environmental Impact Report for the City of Milpitas’s General Plan Update (General Plan 2040 EIR). The General Plan 2040 EIR is a program EIR that considers the environmental effects of implementing the General Plan through the 20-year planning horizon. Among the proposed policies and actions evaluated in the General Plan 2040 EIR, Action CON-1a required the City to update the City’s Climate Action Plan (CAP) to achieve the greenhouse gas (GHG) reduction targets for 2030 and 2050. This update to the CAP has been prepared and was released for public review in May of 2022.
As the lead agency under the California Environmental Quality Act (CEQA), the City of Milpitas has determined that, in accordance with Section 15164 of the State CEQA Guidelines, the adoption and implementation of the proposed Climate Action Plan Update warrants the preparation of an addendum. This addendum supplements the General Plan 2040 EIR analysis and evaluates the specific GHG reduction and climate change adaptation measures and strategies in the CAP for potential to change the conclusions of the General Plan 2040 EIR.
CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES
REGARDING AN ADDENDUM TO AN ENVIRONMENTAL IMPACT
REPORT
Altered conditions, changes, or additions to the description of a project that occur after certification of an EIR may require additional analysis under CEQA. The legal principles that guide decisions regarding whether additional environmental documentation is required are provided in the State CEQA Guidelines, which establish three mechanisms to address these changes: a Subsequent EIR, a Supplement to an EIR, and an Addendum to an EIR.
Section 15162 of the State CEQA Guidelines describes the conditions under which a Subsequent EIR would be prepared. In summary, when an EIR has been certified for a project, no Subsequent EIR is required unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR; 128
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(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measures or alternatives; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
Section 15163 of the State CEQA Guidelines states that a lead agency may choose to prepare a Supplement to an EIR rather than a Subsequent EIR if:
(1) any of the conditions described above for Section 15162 would require the preparation of a Subsequent EIR; and
(2) only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation.
An addendum is appropriate where a previously certified EIR has been prepared and some changes or revisions to the project are proposed, or the circumstances surrounding the project have changed, but none of the changes or revisions would result in significant new or substantially more severe environmental impacts, consistent with CEQA (Public Resources Code [PRC]) Section 21166 and State CEQA Guidelines Sections 15162, 15163, 15164, 15168, and 15183.
This addendum includes an attachment with an environmental checklist that contains the substantial evidence supporting that the proposed CAP update would not result in any new or substantially more severe environmental impacts from those identified in the General Plan 2040 EIR. This addendum and checklist serve as the appropriate CEQA compliance document and have been prepared consistent with the requirements of Section 15162 of the State CEQA Guidelines. To ensure that all environmental topical areas are appropriately evaluated, the environmental checklist was prepared to mirror the standard organization of the sample environmental checklist presented in Appendix G of the State CEQA Guidelines. For each checklist topic, the analysis evaluates whether any “changed condition” (i.e., changed circumstances, project changes, issues that are peculiar to the project, or new information of substantial importance) that may result in a different or new environmental impact significance conclusion from the EIR would occur. The column titles of the checklist have been modified from the Appendix G presentation to help answer the questions to be addressed pursuant to PRC Section 21166 and State CEQA Guidelines Sections 15162, 15163, 15164, 15168, and 15183. Through this detailed analysis, the City has demonstrated that implementation of the proposed CAP would not result in new or substantially severe impacts than disclosed in the General Plan 2040 EIR.
SUMMARY OF FINDINGS
The environmental checklist for this Addendum provides analysis and discussion of potential environmental impacts of the proposed CAP, based on the checklist questions from Appendix G of the State CEQA Guidelines. As demonstrated in this Addendum, the proposed CAP would not change any of the conclusions of the General Plan 2040 EIR. The analysis demonstrates that implementation of the proposed CAP would not result in new significant effects or a substantial increase in the severity of previously identified significant effects. Further, no new information of substantial importance has been identified that suggests the potential for the CAP to result in significant or substantially more severe effects not discussed in the General Plan 2040 EIR. 129
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TABLE OF CONTENTS
Chapter Page
LIST OF ABBREVIATIONS ........................................................................................................................................................................... II 1 INTRODUCTION ........................................................................................................................................................................ 1-1
1.1 Addendum Analysis ......................................................................................................................................................1-1 2 PROJECT DESCRIPTION ........................................................................................................................................................... 2-1
2.1 Project Overview ...........................................................................................................................................................2-1
2.2 Project Location.............................................................................................................................................................2-1
2.3 Project Description .......................................................................................................................................................2-1
2.4 Potential Permits and Approvals Required .......................................................................................................... 2-6 3 ENVIRONMENTAL CHECKLIST FOR SUPPLEMENTAL ENVIRONMENTAL REVIEW ................................................. 3-1 Approach to Analysis ...................................................................................................................................................................3-1 Checklist Format............................................................................................................................................................................3-1
3.1 Aesthetics ....................................................................................................................................................................... 3-4
3.2 Agriculture and Forestry Resources ....................................................................................................................... 3-6
3.3 Air Quality ...................................................................................................................................................................... 3-8
3.4 Biological Resources ..................................................................................................................................................3-10
3.5 Cultural Resources ......................................................................................................................................................3-13
3.6 Energy ............................................................................................................................................................................3-15
3.7 Geology and Soils .......................................................................................................................................................3-17
3.7 Greenhouse Gas Emissions ......................................................................................................................................3-21
3.8 Hazards and Hazardous Materials........................................................................................................................3-23
3.9 Hydrology and Water Quality ................................................................................................................................3-26
3.10 Land Use and Planning ............................................................................................................................................3-29
3.11 Mineral Resources.......................................................................................................................................................3-31
3.12 Noise..............................................................................................................................................................................3-33
3.13 Population and Housing..........................................................................................................................................3-35
3.14 Public Services ............................................................................................................................................................3-37
3.15 Recreation ....................................................................................................................................................................3-39
3.16 Transportation/Traffic and Circulation..................................................................................................................3-41
3.17 Tribal Cultural Resources .........................................................................................................................................3-43
3.18 Utilities and Service Systems ..................................................................................................................................3-45
3.19 Wildfire..........................................................................................................................................................................3-48 4 REFERENCES .............................................................................................................................................................................. 4-1 5 REPORT PREPARERS ................................................................................................................................................................. 5-1 Figures
Figure 2-1 Project Area ................................................................................................................................................................... 2-2 Tables
Table 2-1 Milpitas 2019 Community Greenhouse Gas Emissions Inventory.................................................................. 2-4 Table 2-2 Milpitas Community Greenhouse Gas Local Emissions Gap (MTCO2e)....................................................... 2-5 Table 2-3 Milpitas CAP Update Strategies, Measures, and Actions ................................................................................. 2-7 130
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LIST OF ABBREVIATIONS
AB Assembly Bill
ABAG Association of Bay Area Governments
ADWF average dry weather flow
af/yr acre‐feet per year
BAAQMD Bay Area Air Quality Management District
BART Bay Area Rapid Transit
BAU Business-as-usual
CAP Update City of Milpitas’s Climate Action Plan Update CAP Climate Action Plan
CBSC California Building Standards Code
CEQA California Environmental Quality Act
EIR Environmental Impact Report
EO Executive Orders
General Plan 2040 EIR City of Milpitas’s General Plan Update GHG greenhouse gas
MS4 municipal separate storm sewer
MTCO2e metric tons of carbon dioxide equivalent
PM10 respirable particulate matter
PM2.5 fine particulate matter
PRC Public Resources Code
SCVWD Santa Clara Valley Water District
SFPUC San Francisco Public Utilities Commission
SOI sphere of influence
SVCE Silicon Valley Clean Energy
TDM Transportation demand management
UWMP Urban Water Management Plan
VMT vehicle miles traveled
WSCP Water Shortage Contingency Plan
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1 INTRODUCTION
The City of Milpitas Climate Action Plan (CAP), adopted by the City Council in May 2013, was intended to serve as a roadmap to meeting the State’s 2020 greenhouse gas (GHG) emissions reduction target pursuant to Assembly Bill (AB) 32 (i.e., 15 percent below 2005 emissions levels based on available city emissions inventory data). The CAP was designed to streamline environmental review of future development projects in the city consistent with State CEQA Guidelines Section 15183.5(b) and the Bay Area Air Quality Management District’s (BAAQMD’s) CEQA [California Environmental Quality Act] Air Quality Guidelines.
Since adoption of the CAP, the City has implemented over half of the identified actions along with other actions that have resulted in an overall reduction in communitywide GHG emissions. Some of the contributing factors to the decrease in GHG emissions include the availability of carbon-free electricity in Milpitas through participation in Silicon Valley Clean Energy (SVCE), installation of local solar, changes in development trends, and the opening of the Milpitas Bay Area Rapid Transit (BART) station in late 2020. Through implementation of both local and state actions, the City achieved its 2020 GHG emissions reduction target ahead of schedule.
As originally adopted, the CAP was not designed to address GHG reduction targets beyond 2020, including 40 percent below 1990 levels by 2030 (consistent with Senate Bill [SB] 32) or the long-term GHG reduction targets expressed in Executive Orders (EOs) S-3-05 (i.e., 80 percent below 1990 levels by 2050) and B-55-18 (i.e., achieving carbon neutrality no later than 2045). In addition, the CAP growth projections were based on data sources that are now outdated: population and employment factors were derived from the Association of Bay Area Governments’ (ABAG’s) 2009 regional forecasts, and vehicle miles traveled (VMT) was derived from the Milpitas Travel Forecasting Model, which was based on land use designations included in the Transit Area Specific Plan (adopted June 2008) and the Midtown Specific Plan (amended October 2008). The specific plans and ABAG regional forecasts have all been updated since the CAP was adopted.
Additionally, the Milpitas City Council adopted an update to the General Plan on March 9, 2021 (referred to as “General Plan 2040”). General Plan 2040 identifies the community’s vision for the future and provides a framework that will guide decisions on growth, development, and conservation of open space and resources in a manner that is consistent with the quality of life desired by the city’s residents and businesses through the horizon year of 2040. The City prepared and certified an Environmental Impact Report (EIR) (State Clearinghouse No. 2020070348) for General Plan 2040 that evaluated the environmental impacts associated with development of land uses and implementation of planning efforts as regulated and guided by General Plan 2040. Among the proposed policies and actions evaluated in the General Plan 2040 EIR, Action CON-1a required the City to update the City’s CAP to achieve the GHG reduction targets for 2030 and 2050.
The City of Milpitas’s Climate Action Plan Update (CAP Update) was released for public review in May of 2022. The CAP Update outlines a pathway to achieve GHG emissions reductions of 36 percent below 2019 levels by 2030 (meeting the State’s interim target) and carbon neutrality by 2045. The CAP Update identifies 11 strategies and 38 measures that specify a plan of action to reduce GHG emissions across all sectors. The strategies, measures, and actions complement the General Plan 2040 policy framework by promoting clean electricity, decarbonizing transportation and buildings, encouraging sustainable land use and resource management, enhancing community awareness, and enhancing community resilience to climate change. The City of Milpitas, as the lead agency, proposes to adopt the CAP Update, including strategies, measures, and actions that would apply to all property located within the city.
1.1 ADDENDUM ANALYSIS
The General Plan 2040 EIR (consisting of the Draft EIR and Final EIR) is a program EIR that considered the environmental effects from the 2040 buildout scenario. Consistent with PRC)Section 21083.3(b) and State CEQA Guidelines Section 15168 and 15183, the General Plan 2040 EIR can be used as the CEQA document for subsequent 132
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projects (public and private) consistent with General Plan 2040. As projects are proposed, such as the CAP Update, they are evaluated to determine whether the actions proposed fall within the scope of the General Plan 2040, whether project impacts are addressed in the certified General Plan 2040 EIR, and whether the project incorporates all applicable performance standards and mitigation measures identified therein. Should subsequent projects not be consistent with the approved General Plan 2040, or if there are specific significant effects that are peculiar to the project and cannot be addressed by uniformly applied policies or standards, additional environmental review through the subsequent review provisions of CEQA for changes to previously reviewed and approved projects may be warranted. If an impact is not peculiar to the project, has been addressed as a significant effect in the General Plan 2040 EIR, or can be substantially mitigated by the imposition of uniformly applied policies or standards, then an additional EIR need not be prepared for the project solely based on that impact.
This Addendum supplements the General Plan 2040 EIR analysis and evaluates the specific GHG reduction and climate change adaptation measures and strategies in the CAP Update for potential to change the conclusions of the General Plan 2040 EIR. The analysis in this Addendum remains programmatic; it does not specifically analyze individual projects or actions resulting from implementation of the CAP Update because the details of such projects and actions are not available (e.g., specific location of infrastructure). Specific GHG reduction measures or strategies would require subsequent implementing action by the City. The City would implement specific activities proposed under the CAP Update (i.e., “later activities”), determining whether they are consistent with the activities identified in the CAP Update, and determining whether sufficient evaluation of the potential environmental impacts associated with these later activities has been provided in the General Plan 2040 EIR and this Addendum. These later activities would be examined to determine whether an additional environmental document must be prepared. During this examination, if the City finds pursuant to State CEQA Guidelines Section 15162 that no new significant effects would occur or no new mitigation measures would be required on a subsequent project, the activity can be approved as being within the scope of the project covered by the General Plan 2040 EIR and this Addendum. In this situation, the City must incorporate all applicable requirements from the General Plan 2040 EIR into the later activity to address significant or potentially significant effects on the environment. If a subsequent project or later activity would have significant effects that were not examined in the General Plan 2040 EIR and this Addendum, the City would prepare the appropriate environmental document. If an additional environmental document is needed, whether it is a mitigated negative declaration or a Supplement to the General Plan 2040 EIR, the General Plan 2040 EIR and this Addendum can be used to simplify the task of preparing the follow‐up environmental document by allowing the City to focus on the issues that were not previously addressed in the General Plan 2040 EIR and this Addendum, as indicated in State CEQA Guidelines Section 15168(d).
1.1.1 Tiering and Streamlining the Analysis of Greenhouse Gas Emissions for Future Projects
The CAP Update meets the requirements for a GHG reduction plan set forth in Section 15183.5(b)(1) of the State CEQA Guidelines. Therefore, if adopted, it could be used to streamline the analysis of GHG emissions for future projects (known as a “qualified CAP”). As established in Section 15183.5 of the State CEQA Guidelines, a plan to reduce GHG emissions (i.e., the proposed CAP Update) may be used as the basis of future project-level analyses of GHG emissions impacts. Where subsequent projects use CAP Update compliance as the basis for the analysis of potential impacts due to GHG emissions, they would tier from and/or incorporate by reference the programmatic GHG analysis in the General Plan 2040 EIR and this Addendum.
CAP Update compliance would be determined through completion of the CAP Update Consistency Review Checklist, which provides a process for subsequent development projects to demonstrate how they would be consistent with the CAP Update (i.e., they would not hinder attainment of the City’s 2030 GHG reduction target). An environmental document that relies on the CAP Update for analysis of GHG emissions impacts would be required to identify the requirements in the CAP Update that apply to the project and incorporate those requirements as mitigation measures, if not otherwise binding and enforceable. In turn, “a lead agency may determine that a project’s incremental contribution to a cumulative effect is not cumulatively considerable if the project complies with the 133
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requirements in a previously adopted plan” (State CEQA Guidelines Section 15183.5[b][2]). Streamlining the GHG analysis based on CAP Update consistency does not affect the obligation to address potential effects on other resource areas during project-level environmental review. Projects that are not consistent with the CAP Update would be subject to separate technical analysis and project mitigation.
BAAQMD encourages jurisdictions to adopt local GHG reduction strategies that meet the Section 15183.5(b)(1) criteria and recommends that cities and counties evaluate plans “based on whether they will be consistent with California’s long-term climate goal of achieving carbon neutrality by 2045. To be consistent with this goal, these plans should reduce GHG emissions in the relevant jurisdiction to meet an interim milestone of 40 percent below the 1990 emission level by 2030, consistent with SB 32, and to support the State’s goal of carbon neutrality by 2045” (BAAQMD 2022:3). This approach to local climate planning, tied to the SB 32 and carbon neutrality goals, promotes reductions on a plan level without impeding the implementation of GHG-efficient development. A qualified CAP provides the evidentiary basis for making CEQA findings that development consistent with the plan will result in feasible, measurable, and verifiable GHG reductions consistent with broad State goals such that projects approved under the plan will achieve their “fair share” of GHG emission reductions (BAAQMD 2022:21).
1.1.2 Document Organization
This Addendum is organized as follows:
Section 1: Introduction. This section introduces the environmental review process. It describes the purpose and organization of the analysis and presents a summary of findings. Section 2: Project Description. This section provides a brief description of the proposed CAP Update. Section 3: Environmental Checklist for Supplemental Environmental Review. This section presents an analysis of a range of environmental issues to determine whether the environmental impacts of the CAP Update meet any of the following four conditions:
Are peculiar to the project or the area in which the project would be located, Were not analyzed as significant effects in the General Plan 2040 EIR, Are potentially significant off-site impacts and cumulative impacts which were not addressed in the General Plan 2040 EIR, or
Are previously identified significant effects which are determined to have a more severe adverse impact than discussed in the General Plan 2040 EIR based on substantial new information that was not known at the time the General Plan 2040 EIR was certified.
Section 4: References. This section lists the references used in preparation of this Addendum.
1.1.3 Summary of Findings
The Environmental Checklist for this Addendum provides analysis and discussion of potential environmental impacts of the proposed CAP Update, based on the checklist question from Appendix G of the State CEQA Guidelines. The analysis demonstrates that implementation of the proposed CAP Update would not result in new significant effects or a substantial increase in the severity of previously identified significant effects. Further, no new information of substantial importance has been identified that suggests the potential for the CAP Update to result in significant or substantially more severe effects not discussed in the previous EIR. 134
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2 PROJECT DESCRIPTION
2.1 PROJECT OVERVIEW
The City of Milpitas’s CAP Update is designed to be as a comprehensive roadmap to continue addressing the challenges of climate change and keep the City on its path to carbon neutrality by 2045. The CAP Update is the product of extensive and ongoing engagement with residents, businesses, local government, and other organizations and stakeholders. These extensive community engagement efforts have resulted in locally based and context-specific strategies, measures, and actions designed to achieve the City’s climate objectives while simultaneously enhancing the quality of life for Milpitas’s residents, workers, and visitors.
2.2 PROJECT LOCATION
As shown in Figure 2-1, the City of Milpitas encompasses approximately 18 square miles, extending between the south end of the San Francisco Bay and the Los Buellis Hills of the Mount Diablo Range in northern Santa Clara County. Milpitas is often called the “Crossroads of Silicon Valley” with most of its land situated between major freeways (Interstates 880 and 680), State Route 237, and a county expressway. The Planning Area for the CAP Update is the same Planning Area that was considered by General Plan 2040 EIR and includes both the area within the city and the sphere of influence (SOI).
2.3 PROJECT DESCRIPTION
Reducing GHG emissions in California has been the focus of state government for over two decades. GHG emissions targets established by the State Legislature include reducing statewide GHG emissions to 1990 levels by 2020 (Assembly Bill [AB] 32 of 2006) and to 40 percent below 1990 levels by 2030 (SB 32 of 2016). EO S-3-05 calls for reducing statewide GHG emissions to 80 percent below 1990 levels by 2050. EO B-55-18 calls for California to achieve carbon neutrality no later than 2045 and to achieve and maintain net negative GHG emissions thereafter. These targets are in line with the scientifically established levels needed in the US to limit the rise in global temperature to no more than 2 degrees Celsius, the warming threshold at which major climate disruptions, such as super droughts and rising sea levels, are projected; these targets also pursue efforts to limit the temperature increase even further to
1.5 degrees Celsius (United Nations 2015:3).
The City of Milpitas has demonstrated an ongoing commitment to reducing GHG emissions. The City adopted a CAP in 2013; and, through implementation of both local and state actions, the City achieved its 2020 GHG emissions reduction target ahead of schedule. Key achievements since adoption of the CAP include the City’s communitywide organics and food scraps diversion program; the updated the Milpitas Trail, Pedestrian, and Bicycle Master Plan; the innovative Milpitas OnDemand pilot project; and adoption of plans and guidelines to improve water security and increase urban green space. The City of Milpitas also played an integral role in the launch of SVCE, a community choice aggregator that provides carbon-free electricity to the city and surrounding communities. The City achieved a historic milestone in 2018 when nearly all residents and businesses in the city began receiving carbon-free electricity from SVCE.
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Source: data downloaded from Santa Clara County in 2020 Figure 2-1 Project Area
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Although the CAP helped the City exceed the State’s 2020 GHG emissions reduction target, it was not designed to address State reduction targets for 2030, 2045, or 2050. As a result, General Plan 2040 (adopted by the Milpitas City Council on March 9, 2021) includes Action CON-1a, which required the City to update the City’s CAP to achieve the GHG reduction targets for 2030 and 2050. The CAP Update was released for public review in May of 2022. The CAP Update outlines a pathway to achieve GHG emissions reductions of 36 percent below 2019 levels by 2030 (meeting the State’s interim target) and carbon neutrality by 2045. The CAP Update identifies 11 strategies and 38 measures that specify a plan of action to reduce GHG emissions across all sectors. The strategies, measures, and actions complement the General Plan 2040 policy framework by promoting clean electricity, decarbonizing transportation and buildings, encouraging sustainable land use and resource management, enhancing community awareness, and enhancing community resilience to climate change. The City of Milpitas, as the lead agency, proposes to adopt the CAP Update, including strategies, measures, and actions that would apply to all property located within the city.
The following sections describe the project, including the contents of the CAP Update.
2.3.1 Climate Action Plan Update
The CAP Update is developed to be consistent with state legislation and policies that are aimed at reducing statewide GHG emissions. This includes:
SB 32, which established a mid-term target of reducing statewide GHG emissions to 40 percent below 1990 levels by 2030; and
Executive Order B-55-18, which recommends achieving statewide carbon neutrality no later than 2045, and net negative emissions thereafter.
To develop the strategies, measures, and actions in the CAP Update, the City analyzed its updated baseline 2019 GHG emissions, forecasted future emissions while accounting for growth projections aligned with General Plan 2040, modeled impacts of existing policies and programs, and determined future scenarios for GHG emissions to estimate how emissions can be reduced through climate action. Based on this analysis, the CAP Update aims to achieve the following GHG reduction targets:
36 percent below 2019 levels by 2030,
79 percent below 2019 levels by 2040, and
Carbon neutrality by 2045.
To achieve these GHG reduction targets, the CAP Update accounts for actions taken by state and federal agencies and existing City initiatives including continued implementation of the CAP reduction measures, SVCE’s carbon-free electricity supply, and the organics and food scraps diversion program. The CAP Update identifies several sectorbased strategies, measures, and actions that can be implemented locally by the City or others. The City plans to begin implementing the measures and actions upon adoption, and data tracking will begin the following year. As measures are implemented, the effects on emissions trends in the city will necessitate CAP Update maintenance and updates to ensure relevancy and effectiveness.
CAP UPDATE CONTENTS
The CAP Update contains an executive summary and seven chapters, which are briefly summarized below. Chapter 1. Introduction: This chapter discusses the scientific climate change context for which the CAP Update was prepared, how the CAP Update was developed, existing initiatives at the state, regional, and local levels, and community engagement during the CAP Update development process. Chapter 2. Greenhouse Gas Emissions Inventory, Forecasts, and Targets: This chapter sets the foundation for the CAP Update by describing current and forecasted GHG emissions and reduction targets. It summarizes the City’s 138
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emissions inventories and provides a framework for evaluating and addressing the community’s contribution to climate change.
Chapter 3. Municipal Operations Emissions: This chapter summarizes the City’s GHG inventory and forecasts for municipal operations and outlines the reduction targets. Chapter 4. Greenhouse Gas Reduction Strategies and Measures: This chapter presents the strategies and measures that the City will implement to reduce GHG emissions to achieve its reduction targets. Chapter 5. Making Milpitas Climate Ready: This chapter describes the context of climate change adaptation and resilience for the city. It summarizes the city’s exposure to existing hazards, sensitivity to these hazards, and discusses potential climate-related impacts to the city’s population and key resources, as well as strategies and measures to adapt to climate-related impacts.
Chapter 6. Implementation and Monitoring: This chapter outlines actions the City will take to implement the CAP Update strategies and measures, and it describes the process for assessing and monitoring progress over time to ensure the CAP Update is effective in reducing emissions and improving resilience to climate change. Chapter 7. References: This chapter compiles all references used in the previous chapters of the CAP Update.
BASELINE AND FORECAST GREENHOUSE GAS EMISSIONS
Inventory
A community GHG emissions inventory is an estimate of a defined set of gases emitted to the atmosphere from local or regional sources that contribute to climate change. The CAP Update uses an emissions inventory from 2019 as the baseline. The City’s 2019 GHG inventory was guided by the protocols outlined in ICLEI—Local Governments for Sustainability’s U.S. Community Protocol for Accounting and Reporting Greenhouse Gas Emissions, Version 1.2 (ICLEI 2019).
In 2019, Milpitas generated approximately 441,557 metric tons of carbon dioxide equivalent (MTCO2e), representing a 19 percent decrease from 2005 levels. Prior to the availability of carbon-free electricity from SVCE, electricity and natural gas consumption in buildings accounted for almost the same proportion of the inventory as on-road transportation, 44 percent and 47 percent, respectively (as shown in the 2015 community inventory). Following the availability of SVCE-supplied electricity in 2018, 97 percent of Milpitas’s residents and businesses were purchasing carbon-free electricity through SVCE. Electricity and natural gas consumption dropped to 32 percent of the community inventory in 2019, while on-road transportation increased to 59 percent. The 2019 community GHG inventory is shown in Table 2-1.
Table 2-1 Milpitas 2019 Community Greenhouse Gas Emissions Inventory Emissions Sector GHG Emissions (MTCO2e/year) Percent of Total On-Road Transportation 259,627 59
Nonresidential Building Energy 98,319 22
Residential Building Energy 42,218 10
Solid Waste 23,566 5
Off-Road Vehicles and Equipment 15,554 4
Wastewater Treatment 1,578 <1
Water Supply 694 <1
Total 441,557 100
Note: Columns may not sum to totals due to independent rounding.
MTCO2e = metric tons of carbon dioxide equivalent
Source: City of Milpitas 2022.
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Forecasts
GHG emissions forecasts provide an estimate of future GHG levels based on a continuation of current trends in activity, population and job growth, and relevant regulatory actions adopted by federal, State, and regional agencies (i.e., legislative actions). Emissions forecasts provide insight into the scale of local reductions needed to achieve GHG emissions reduction targets. The following scenarios were developed to support the CAP Update:
Business-as-usual (BAU) forecast: analyzes how emissions will grow if per capita consumption trends continue and efficiencies remain at their 2019 levels, while the number of jobs, households, and people in Milpitas continues to grow. The BAU analysis incorporates the demographic projections Legislative-adjusted BAU forecast: analyzes how emissions will change under the impact of state and federal policies currently in place that are expected to significantly reduce GHG emissions in Milpitas. Target reduction path: identifies the path to meet the State’s 2030 GHG reduction target of 40 percent below 1990 levels. This path shows emissions reductions over the coming decades but does not show a substantiated path to meeting the statewide carbon neutrality target by 2045.
Local Emissions Gap
The CAP Update contains strategies, measures, and actions that are designed to address the GHG gap between the legislative-adjusted BAU forecast and the target reduction path, as shown in Table 2-2 below.
Table 2-2 Milpitas Community Greenhouse Gas Local Emissions Gap (MTCO2e) Emissions Forecast 2019 2030 2040 2045
Business-as-Usual 441,557 502,207 534,465 555,142
Legislative-Adjusted Business-as-Usual 441,557 420,636 396,629 395,432 Target Percent Reduction below 2019 Levels — 36% 79% 100% Target Annual Emissions — 283,817 994,606 0
Local Emissions Gap — 136,819 302,023 395,432
Total Reductions from Measures — 147,697 251,999 331,780 Remaining Gap to Target — (10,878)1 50,024 63,651
Target Met? — Yes No No
Notes: MTCO2e/year = metric tons or carbon dioxide equivalent. 1 Indicates target has been achieved with a surplus of reductions.
Source: City of Milpitas 2022
GREENHOUSE GAS REDUCTION AND ADAPTATION STRATEGY
The CAP Update includes a strategic framework that lays out the pathway to achieve the 2030 target and make substantial progress towards the long-term 2040 and 2045 targets. The framework includes the following elements:
Focus areas: seven focus areas for GHG mitigation and six focus areas for climate adaptation. Strategies: 11 strategies organized into seven sectors: building energy, transportation and land use, waste, offroad vehicles and equipment, water and wastewater, carbon sinks, and circular and green economy. Measures: 38 measures that represent specific expressions of the broad strategies across all seven sectors. Actions: Activities, programs, policies, or projects the City will implement or support to achieve the CAP Update targets, associated with the measures.
Near-term actions: 28 actions that will be implemented in the 3 to 5 years after the CAP Update is adopted, along with the actions that will be implemented in the first 18 months after adoption. 140
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Refer to Table 2-3 for a complete set of strategies, measures, and actions included in the CAP Update. The CAP Update does not include any development proposals and would not directly result in physical environmental effects due to the construction and operation of facilities.
IMPLEMENTATION STRATEGY, MONITORING, AND UPDATES
Ensuring that the measures identified in the CAP Update result in emissions reductions and resilience improvements is central to the success of this CAP Update. The City would begin implementing CAP Update measures and actions upon adoption, and data tracking would begin in the year following. As measures are implemented, the effects on emissions trends and climate resilience in the city would necessitate CAP Update maintenance and updates to ensure relevancy and effectiveness. The CAP Update would be subject to ongoing management and oversight. The City’s GHG emissions inventory and vulnerability assessment would be updated to gauge progress over time.
City staff would evaluate the performance of each GHG reduction action that has been implemented. This entails monitoring the level of community participation, costs, benefits, effectiveness, and barriers to implementation, as well as actual reductions in activities that result in GHG emissions. In addition to considering these factors, assessing the performance of CAP Update adaptation actions would be informed by resilience-related improvements in the community. By evaluating whether the implementation of an action is on track to achieve its objective, the City can identify successful actions and reevaluate or replace underperforming measures.
City staff will prepare a monitoring report annually and a GHG emissions inventory and vulnerability assessment update every 2 to 3 years. This report will provide updates on CAP Update progress, including the status of actions implemented to achieve GHG reductions and improve resilience, as well as other important milestones in the CAP Update implementation process. As technologies and markets change and the City implements the actions in the CAP Update, these reports will be used to track progress and identify actions that need to be improved, adjusted, or removed. The report will also be used for periodic presentations to the City Council and Energy and Environmental Sustainability Commission about implementation progress on actions and overall progress towards CAP Update objectives. The report would also serve to provide transparency and promote engagement with the public for CAP Update implementation. The report would be derived from the tracking metrics included on the online dashboard that the City has developed.
Finally, the City would prepare an update to the plan every 5 years, beginning in 2026. Updates would reflect the findings and recommendations of the monitoring reports and inventory updates. Future updates are necessary to account for any new State or federal legislation that may affect the CAP Update, and to focus on GHG reduction measures and actions that may have been difficult to implement previously due to a lack of available technologies or high upfront implementation costs.
CAP UPDATE CONSISTENCY REVIEW CHECKLIST
The City has prepared a CAP Update Consistency Review Checklist that provides a process and evidence by which subsequent development projects would demonstrate how they would be consistent with the CAP Update (i.e., they would not hinder attainment of the 2030 reduction target). An environmental document that relies on the CAP Update for analysis of GHG emissions impacts would be required to identify the requirements in the CAP Update that apply to the project and incorporate those requirements as mitigation measures, if not otherwise binding and enforceable. Projects that are not consistent with the CAP Update would be subject to separate technical analysis and project mitigation.
2.4 POTENTIAL PERMITS AND APPROVALS REQUIRED
The City is the CEQA lead agency responsible for adoption and implementation of the proposed CAP Update. As the lead agency, the City is responsible for considering the adequacy of the supplemental environmental review before determining if the overall project should be adopted.
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Table 2-3 Milpitas CAP Update Strategies, Measures, and Actions Measures Actions
Strategy BE-1: Shift to Clean and Reliable Energy
BE-1.1: Achieve 100 percent carbon-free electricity by 2030 in all existing and new development.
BE-1.1.1: Require new development to install onsite renewable energy and storage systems capable of meeting anticipated building energy consumption, or participate in a group-buy solar and storage program, or opt in to SVCE’s carbon-free electricity option.
BE-1.1.2: Review zoning regulations for opportunities to simplify and encourage the installation of renewable energy systems.
BE-1.1.3: Conduct outreach to residents and business owners to increase awareness of SVCE’s carbon-free electricity supply. BE-1.1.4: Require all newly built parking structures to have solar generation capabilities. BE-1.1.5: Collaborate with the Milpitas Chamber of Commerce and other partners to identify regional programs that could provide necessary financial arrangements to facilitate the use of PPAs for residential and nonresidential buildings. Work with SVCE to provide a cost-effective direct access program. BE-1.1.6: Require the installation of solar heaters for all new swimming pools. BE-1.1.7: Work with utility partners (e.g., PG&E, SVCE, state regulators) to improve electric grid reliability.
BE-1.2: Facilitate innovative approaches to energy generation, distribution, and storage (e.g., microgrids).
BE-1.2.1: Consider opportunities for alternative energy generation, energy recapture (in-conduit hydro, co-generation), and distributed energy storage systems.
BE-1.2.2: Collaborate with SVCE to encourage local schools and hospitals to develop microgrids, separate from utility-scale storage systems.
BE-1.3: Strengthen community awareness of energy
efficiency, energy conservation, electrification, and clean energy.
BE-1.3.1: Work with regional partner agencies and utilities, such as BAAQMD, PG&E, and SVCE to promote State rebates and other incentives and funding opportunities for renewable energy. BE-1.3.2: Develop and implement a comprehensive energy efficiency, energy conservation, electrification, and clean energy outreach and education campaign to support emissions reductions from building energy use.
Strategy BE-2: Maximize Building Decarbonization and Efficiency BE-2.1: Adopt updated “reach” building codes with each
building and energy code cycle to accelerate all-electric new development.
BE-2.1.1: Adopt an updated reach code for the 2022 code cycle that prohibits the installation of natural gas infrastructure in new development. Include a ban on the installation of fossil fuel-powered backup energy sources in new development by 2030.
BE-2.1.2: Partner with BayREN, SVCE, PG&E, other cities, and the private sector to develop effective strategies to facilitate electrification implementation.
BE-2.1.3: Increase awareness and create incentives for developers to build all-electric buildings, such as reduced permit and/or impact fees.
BE-2.2: Facilitate all-electric development projects for industrial buildings.
BE-2.2.1: Build market demand for all-electric industrial buildings. 142
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Measures Actions
BE-2.3: Expand the City’s Green Building Program. BE-2.3.1: Develop additional incentives, above and beyond expedited building permit processing, for projects that incorporate sustainable design approaches and/or elements that exceed local, regional, and State requirements.
BE-2.4: Retrofit existing residential and nonresidential buildings and municipal facilities to improve energy efficiency and facilitate fuel switching.
BE-2.4.1: Develop a comprehensive energy retrofit program to transition existing residential buildings to all-electric by 2045.
Begin the program by providing education and incentives, then transition to point-of-sale and replace retrofit requirements. BE-2.4.2: Connect building owners to funding resources and financing options, such as Energy Upgrade California, for energy efficiency retrofits and improvement projects.
BE-2.4.3: Develop a comprehensive energy retrofit program to transition existing nonresidential buildings to all-electric, aiming for a 60 percent conversion rate by 2045. Begin the program by providing incentives then transition to point-of-sale and replace retrofit requirements.
BE-2.4.4: Eliminate the provision of fossil fuel-powered backup generator permits for existing nonresidential development by 2030.
BE-2.5: Facilitate energy audits for existing buildings to identify energy efficiency retrofit and electrification opportunities.
BE-2.5.1: Work with PG&E, SVCE, and other agencies to provide free energy audits of existing residential and nonresidential buildings.
BE-2.5.2: Encourage ongoing energy benchmarking in existing nonresidential buildings, consistent with regulatory benchmarking programs and existing green building standards to help close the energy efficiency information gap.
BE-2.6: Reduce plug loads in existing buildings. BE-2.6.1: Use partnerships to promote appliance upgrades to energy-efficient technologies and products through campaigns targeted at residents and local businesses, ENERGY STAR® appliance change-out programs and incentives (e.g., giveaways, federal/state/utility rebates etc.).
BE-2.6.2: Facilitate the adoption of smart grid and other peak load reduction technologies, such as building energy management systems and smart appliances, with existing buildings.
Strategy TR-1: Facilitate Sustainable Transportation and Land Use Planning TR-1.1: Reduce VMT from new development in compliance
with SB 743.
TR-1.1.1: Enforce the City’s requirements for SB 743, which mandate a 15 percent reduction in new project-generated VMT. TR-1.1.2: Continuously update the City’s VMT policy and implementation tools to further reduce VMT.
TR-1.2: Reduce VMT from existing development. TR-1.2.1: Work with local employers to provide subsidies to employees for using transit or active transportation to commute to work, and encourage flexible work schedules (e.g., 9/80s and 4/10s) as well as telecommuting. TR-1.2.2: Partner with local businesses to provide discounts or rewards programs to incentivize using transit or active transportation to travel to businesses.
TR-1.2.3: Require employers of 50 or more employees to implement vehicle trip reduction programs and limit car commutes to 40 percent of their workforce by 2030.
TR-1.2.4: Adopt and phase a citywide TMD ordinance by 2023, building on recommendations of the Metro Specific Plan and incorporate the TDM ordinance into the Zoning Ordinance Update (anticipated in 2025). TR-1.2.5: Implement existing TDM plans, such as The District at Milpitas Lot 3A TDM Plan. TR-1.2.6: Support growth of on-demand mobility services (e.g., ride-, car-, and bike-sharing, scooter, e-hailing) in Milpitas. 143
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Measures Actions
TR-1.3: Continue to implement and adopt policies that
support high-density, mixed-use, and transit-oriented
development and housing near jobs.
TR-1.3.1: Facilitate the development of complete streets and neighborhoods. TR-1.3.2: Maintain and continue to improve regional arterials within the city. TR-1.3.3: Promote and facilitate the creation of an innovation district within the Metro Specific Plan Area to provide more jobs near transit and housing.
TR-1.3.4: Support high levels of ridership at the Milpitas BART station by encouraging higher density, mixed uses, and connectivity along transit corridors and at transit nodes. Promote the increase of density and mixed uses in key opportunity areas.
TR-1.3.5: Promote dense development in central locations and along transportation corridors. Support redevelopment of older commercial or gateway areas (Main Street and Calaveras) to intensify development and a mix of uses along major transit corridors. Encourage development of urban plazas in new development in the Milpitas Metro Specific Plan, Midtown Specific Plan, and town center areas to encourage pedestrian activity and vibrant mixed-use centers that reduce vehicular activity.
TR-1.3.6: Promote the increase of density and mixed uses in key opportunity areas. TR-1.3.7: Encourage development of urban plazas in new development in the Milpitas Metro Specific Plan, Midtown Specific Plan, and town center areas to encourage pedestrian activity and vibrant mixed-use centers that reduce vehicular activity.
TR-1.4: Explore car-free zones or shared streets in
appropriate areas.
TR-1.4.1: Explore car-free zones in commercial hubs such as those identified in the Midtown Specific Plan and Metro Specific Plan areas.
Strategy TR-2: Decarbonize Vehicles
TR-2.1: Increase EV charging infrastructure. TR-2.1.1: Work with SVCE and other partners to provide incentives and increase EV charging stations in visible, accessible, shared locations such as mixed-use development or accessible to multi-family renters and provide free public charging. TR-2.1.2: With each Title 24 and CALGreen code cycle, adopt updated EV charging station standards for all new development through the City’s reach codes that go beyond State requirements. Require 50 percent of parking spaces in new development to be EV-ready by 2030.
TR-2.1.3: Provide rebates and other incentives to home and business owners to install EV chargers. TR-2.1.4: Ensure EV charging stations are encouraged and allowed through land use designations that currently permit gas fueling stations.
TR-2.2: Increase EV and low-carbon vehicle adoption. TR-2.2.1: Improve awareness of local, regional, and State incentives for low- and zero-emission vehicles and increase EV purchases in Milpitas through events and resource promotion such as through Climate Action Milpitas Dashboard. TR-2.2.2: Partner with BAAQMD, Joint Venture Silicon Valley, and the Silicon Valley Clean Cities Coalition to pursue funding for EV deployment projects in the city.
TR-2.2.3: Include a provision in the next contract with the City’s solid waste franchise hauler that they use alternative fuel vehicles for the fleet which services Milpitas.
TR-2.2.4: Partner with Acterra and its GoEV Program to deploy a public outreach campaign that give the public opportunities to drive EVs and provides EV education.
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Measures Actions
TR-2.2.5: Adopt an ordinance that phases out development of new gasoline and diesel fuel stations as the market shifts to fossil fuel-free vehicles.
TR-2.2.6: Provide incentives to convert vehicle fleets (e.g., rental, private, school) in the city.
TR-2.3: Reduce vehicle idling. TR-2.3.1: Adopt ordinances to limit idling at institutions and businesses to reduce the impacts of vehicle idling on adjacent uses, such as housing, schools, and health care facilities. TR-2.3.2: Discourage the construction of new drive-throughs in the Metro Specific Plan. TR-2.3.3: Require all new nonresidential development with loading docks to supply sufficient electrical power for delivery trucks and associated equipment to reduce idling when making deliveries.
TR-2.4: Reduce the amount of parking such that it meets the needs of residents, workers, and visitors in a way that is consistent with the City’s sustainability goals.
TR-2.4.1: Revise development standards for multifamily and mixed-use developments to separate parking costs from the cost to rent, purchase, or lease residential and nonresidential buildings. TR-2.4.2: Revise development standards to eliminate or reduce the minimum parking requirements for new development and redevelopment of nonresidential buildings and mid- to higher-density residential development. TR-2.4.3: Develop and require parking maximums at new development.
Strategy TR-3: Increase Active and Public Transportation Use TR-3.1: Enhance and expand transit facilities and
infrastructure.
TR-3.1.1: Implement the Milpitas OnDemand “hub-and-spoke” micro-transit pilot program, including on-demand shuttle service for first- and last-mile connections to existing transit hubs such as the BART station and VTA light rail stops. TR-3.1.2: Ensure a pedestrian-friendly environment around the Milpitas BART and light rail stations.
TR-3.2: Increase transit ridership. TR-3.2.1: Work with transit agencies to provide free or subsidized transit to low-income residents, expanding to all residents by 2030.
TR-3.2.2: Improve reliability and convenience of existing transit services through increased frequency, expanded service areas, extended service hours, and better facilities.
TR-3.3: Improve active transportation options. TR-3.3.1: Require all new development other than single family to provide short-term and long-term bicycle parking facilities to meet peak seasonal maximum demand.
TR-3.3.2: Increase awareness of existing City initiatives to facilitate active transportation, including Bike Paths maps and Suggested Routes to School Program maps.
TR-3.3.3: Require new nonresidential development projects to provide “end-of-trip” facilities for cyclist, including showers, secure bicycle lockers, and changing spaces.
TR-3.3.4: Require new nonresidential development have adequate e-bike and e-scooter infrastructure and options. TR-3.3.5: Implement the updated Trail, Pedestrian, and Bicycle Master Plan to enhance and expand bicycle and pedestrian infrastructure networks.
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Measures Actions
Strategy SW-1: Achieve Zero Waste
SW-1.1: Eliminate the disposal of solid waste in landfills. SW-1.1.1: Require local restaurants to increase food recovery and donate edible food, consistent with SB 1383. SW-1.1.2: Expand existing organic waste collection routes and drop-off sites to improve composting services for interested residents and businesses.
SW-1.1.3: Implement and enforce the requirements of SB 1383 and eliminate disposal of compostable organic materials to landfills.
SW-1.2: Increase recycling and the diversion of other
inorganic solid waste.
SW-1.2.1: Partner with RecycleStuff.org to enhance awareness of local and regional recycling opportunities. SW-1.2.2: Adopt an ordinance that requires recycling and composting services, the use of only recyclable and compostable materials by vendors, and adequate staff to ensure proper disposal and recycling at events that require a City-issued permit. SW-1.2.3: Partner with waste haulers to expand the diversion of non-food, non-construction, and non-demolition solid waste.
SW-1.3: Reduce the generation of waste from residents and businesses.
SW-1.3.1: Enforce the City’s plastic bag and Styrofoam ban. SW-1.3.2: Encourage local businesses to reduce the use of single-use, non-biodegradable products, and support the establishment of a regional ordinance that restricts and/or limits the use of these products by local businesses. SW-1.3.3: Require organizations over 50 employees to implement organization-wide waste reduction initiatives. SW-1.3.4: Promote responsible consumption of products and materials. SW-1.3.5: Coordinate with other local jurisdictions and landfills to implement a divertible materials ban (e.g., recyclables) ban at landfills.
SW-1.4: Reduce the generation of construction and
demolition waste.
SW-1.4.1: Amend the building demolition permit requirements and adopt a comprehensive construction and demolition ordinance to reach a 75 percent diversion rate.
SW-1.5: Facilitate repair and reuse of consumer products. SW-1.5.1: Develop a reuse facility that makes building materials available to customers, and acts as an outlet for reusable items otherwise destined for landfill.
SW-1.5.2: Create and support “fix-it clinics” at Parks and Recreation facilities and other City buildings that can build skills among local businesses and residents in innovation, repair, and reuse. SW-1.5.3: Support Extended Producer Responsibility initiatives that drive end of product life management. SW-1.5.4: Promote redesign of products so that they do not require end of life disposal, but are incorporated back into useful products.
Strategy OT-1: Shift to Clean and Off-Road Equipment and Vehicles OT-1.1: Reduce landscaping-related emissions. OT-1.1.1: Promote regional and State incentive programs to encourage residents and business owners to convert or replace their fossil fuel-powered gardening equipment, such as lawn mowers, leaf blowers, and edge trimmers with electric versions. OT-1.1.2: Adopt an ordinance that prohibits the sale of fossil fuel-powered landscaping equipment by 2024 to transition to zero-emission landscaping equipment.
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Measures Actions
OT-1.1.3: Require all new development to install sufficient exterior electrical outlets to charge electric-powered landscaping equipment.
OT-1.2: Reduce construction-related emissions. OT-1.2.1: Reduce idling of construction vehicles and equipment. OT-1.2.2: Prohibit the use of fossil fuel-powered generators at construction sites in all new discretionary projects. OT-1.2.3: Require all construction projects to use renewable diesel in diesel-powered construction equipment.
Strategy WA-1: Promote Resilient Water Supply, Water Use, and Water Resources WA-1.1: Reduce indoor water consumption in buildings. WA-1.1.1: Increase residential and nonresidential participation in the High Efficiency Clothes Washer Rebate Program and the High Efficiency Toilet Rebate Program by ensuring continued funding to the City’s Water Conservation Program, operated in conjunction with resources provided by SCVWD and BAWSCA. WA-1.1.2: Collaborate with SFPUC and SCVWD to develop a retrofit program to encourage installation of water conservation measures in existing businesses and residences.
WA-1.1.3: Regularly review and update the City’s Water Conservation Ordinance and water conservation measures to be consistent with current best management practices and ensure effective and ongoing conservation efforts. WA-1.1.4: Continue water conservation efforts outlined in the 2021 UWMP. WA-1.1.5: Require ultra-low-flow fixtures in new residential and nonresidential development. WA-1.1.6: Continue to assess and manage distribution system losses through efforts including replacing existing meters with smart meters, implementing a SCADA system, replacing selected water pipe with upgraded design criteria to withstand seismic events, and maintaining an active cathodic protection system. WA-1.1.7: Coordinating with SFPUC and SCVWD, facilitate the development of a water auditing program for existing residential and nonresidential development.
WA-1.2: Reduce water consumption for irrigation and
landscaping.
WA-1.2.1: Continue to fund and operate the City’s Water Conservation Program in conjunction with resources provided by SCVWD and BAWSCA, including the Irrigated Equipment Upgrades Rebate Program, Landscape Conservation Rebate Program, Water Wise Survey Program, and Water Efficient Gardening workshops. WA-1.2.2: Increase residential and nonresidential participation in the Landscape Conversion Rebate and Irrigation Equipment Upgrade programs to convert lawns to a healthy habitat with native and drought-tolerant species that use water-efficient irrigation equipment.
WA-1.2.3: Implement and enforce the WELO and the Water Conservation Ordinance. WA-1.2.4: Require drought-tolerant, water-conserving, and/or native landscaping in new development and redevelopment projects.
WA-1.3: Increase the use of recycled water and support
efforts to drought-proof our water supply.
WA-1.3.1: Increase residential and nonresidential participation in the Rainwater Catchment Rebate and Graywater Laundry to Landscape Rebate programs to utilize rainwater and graywater for landscaping and irrigation purposes. WA-1.3.2: Continue to require all commercial and industrial development south of the Hetch Hetchy right-of-way to install recycled water lines and require conversion of landscape irrigation to recycled water, as feasible. 147
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Measures Actions
WA-1.3.3: Support use of recycled water as drought-proof water supply, including potential indirect potable recharge. WA-1.3.4: Encourage the use of recycled water for industrial uses and landscape irrigation where feasible, within the parameters of State and County health codes and standards and in compliance with regional agency requirements. WA-1.3.5: Encourage residents and businesses to install onsite recycled water systems (i.e., graywater systems) and rainwater harvesting systems, consistent with all State and County health codes and standards and in compliance with regional water agency requirements.
WA-1.3.6: Require all new residential and nonresidential development to include a separate piping system for recycled water (i.e., “purple pipes”) to be used for irrigation and other outdoor water uses, as feasible.
Strategy CS-1: Resilient Infrastructure and Health Forest and Natural Systems CS-1.1: Protect native trees and vegetation and enhance carbon sequestration.
CS-1.1.1: Based on the recommendations from the City’s Urban Forestry Management Plan, implement a tree planting program to expand the city’s urban forest canopy.
CS-1.1.2: Develop and implement a street tree planting program for residential neighborhoods. CS-1.1.3: Identify high priority areas for civic tree planting activities that provide the greatest benefits to the community and provides urban canopy coverage in areas of the city that are currently underserved by street trees and trees within public spaces.
CS-1.1.4: Make available a list of plants and trees native to the region that are suitable for use in landscaping, consistent with the requirements of Milpitas’s WELO.
CS-1.1.5: Update Milpitas’s Tree Protection Regulations as specified in the General Plan. CS-1.1.6: Identify thresholds for new development mitigation for the provision of parks or open space. CS-1.1.7: Identify natural areas that could be obtained and preserved through land transfers and acquisitions of undeveloped/unprotected private and public lands.
CS-1.2: Reduce the urban heat island effect to conserve energy.
CS-1.2.1: Amend the Zoning Code to create tree planting standards for new and renovated development; require the planting of two trees in single-family development in the front, side, or rear yard as feasible; and create linear landscaping standards for commercial development that identify a minimum number of tree plantings based on linear frontage length. CS-1.2.2: Require all new development to install cool pavements, plant low-maintenance and drought-tolerant landscaping, and plant shade trees.
CS-1.2.3: Reduce heat gain from surface parking lots in new development for a minimum of 50 percent of the site’s hardscape. Develop standards to provide shade from the existing tree canopy or from appropriately selected new trees that complement site characteristics and maximize drought tolerance.
CS-1.3: Increase the use of green infrastructure. CS-1.3.1: Develop and implement a green infrastructure program for the installation and maintenance of projects and existing public resources, such as the parks system and other open spaces. CS-1.3.2: Review Capital Improvement Program projects to identify opportunities for green infrastructure. CS-1.3.3: Develop guidelines for the inclusion of green infrastructure in the design of transportation improvements. CS-1.3.4: Encourage the use of green roofs on existing and new development. 148
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CS-1.4: Increase soil carbon content. CS-1.4.1: Develop a healthy soil strategy for the city to support urban agriculture, address carbon sequestration, and increase water capture.
CS-1.5: Use low-carbon and carbon sequestering construction materials in new development.
CS-1.5.1: Adopt standards to require the use of pervious paving materials in plazas in addition to the provision of mature landscaping and other strategies that will maximize carbon sequestration. CS-1.5.2: Require building materials that store carbon (e.g., wood, calcium carbonate-based cementitious substances, synthetic limestone) in all nonresidential construction.
Strategy GE-1: Foster Green and Sustainable Economic Development Opportunities GE-1.1: Support and attract clean technology businesses and green jobs in Milpitas.
GE-1.1.1: Partner with local and regional agencies and educational institutions to offer courses/training that prepare students/workers for green jobs, such as the Milpitas Adult School Program, South Bay Consortium for Adult Education, Center for Employment Training in San Jose, and PG&E’s on-demand energy trainings. GE-1.1.2: Develop a Green Business Strategic Plan to support environmentally friendly business development in Milpitas. GE-1.1.3: Collaborate regionally to conduct outreach and training with local contractors and businesses on electrification. GE-1.1.4: Explore the feasibility of creating an eco-innovation district – a vibrant, mixed-use neighborhood committed to advancing sustainability, resilience, and equity through targeting a variety of performance areas, such as access and mobility, appropriate development, community health and well-being, energy, water, and materials management.
GE-1.2: Incentivize and promote green business practices. GE-1.2.1: Promote green tenant and leasing practices for commercial businesses. Examples include the Green Tenant Toolkit developed by the Business Council on Climate Change and San Francisco Environment. GE-1.2.2: Develop and implement marketing and technical assistance to green businesses, and consider developing incentives such as reduced business license taxes/fees. GE-1.2.3: In collaboration with SVCE, develop a Clean Energy Pledge for area businesses to bring visibility to those businesses already purchasing carbon-free electricity or pledging to do so in the future.
Strategy GE-2: Support Circular Economy Policies
GE-2.1: Engage with circular economy and zero waste
policymaking at the Federal, State, and local levels.
GE-2.1.1: Support regional and State legislation intended to reduce GHG emissions from waste and virgin materials use and promote recyclability and repairability of products.
Adaptation Strategy 1: Resilient Communities and Equity and Environmental Justice
1.1: Increase community resilience to impacts from air
pollution.
1.1.1: Develop an outreach program to educate vulnerable communities and residents in general on strategies to protect themselves from air pollution exacerbated by climate change, including impacts from wildfire smoke. 1.1.2: Establish or support development of community centers and/or other locations indoors for individuals experiencing homelessness or other vulnerable populations to seek refuge during periods of high air pollution. 1.1.3: Coordinate with partner organizations to communicate measures to protect residents and workers during high ozone and high particulate matter days.
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Measures Actions
1.2: Increase community resilience to respond to and recover from widespread health emergencies.
1.2.1: Consider the overall preparedness of the community to respond to and recover from widespread health emergencies and develop programs and activities designed to increase resilience and self-sufficiency. 1.2.2: Partner with the Milpitas Unified School District and other community organizations to develop programs and activities designed to help individuals, families, and community groups prepare for and respond effectively to widespread health emergencies.
1.2.3: Collaborate with federal, State, regional, and local partners to implement programs to help protect vector and waterborne diseases.
1.3: Protect populations vulnerable to extreme heat. 1.3.1: Work with City departments to identify specific locations in the city with populations vulnerable to heat-related illness (e.g., elderly populations, high rates of cardiovascular disease). 1.3.2: Develop a targeted outreach campaign with supporting materials to raise awareness about heat risks. Ensure that extreme heat preparedness and response information is available in the primary non-English languages spoken in the community.
1.4: Increase community awareness of climate change. 1.4.1: Promote community awareness of climate-resilient actions that can be implemented by homeowners, such as water conservation, on-site water collection, passive solar designs, and alternative energy strategies. 1.4.2: Collaborate with federal, State, regional, and local partners to develop a communitywide outreach program to educate diverse communities on how to prepare and recover from the various impacts of climate change likely to affect the city.
1.5: Ensure that climate impacts and climate adaptation measures aimed at reducing climate risks to not lead to disproportionally adverse effects on vulnerable populations. 1.5.1: Identify high priority areas for civic tree planting activities that provide the greatest benefits to the community and provide urban canopy coverage in areas of the city that are currently underserved by street trees and trees within public spaces.
1.6: Improve mobility and ensure basic needs are met for vulnerable populations.
1.6.1: Consider the needs of vulnerable populations and individuals with limited mobility when planning for access to safe and comfortable shelter during extreme heat events or other severe weather events. 1.6.2: Encourage and support local transit service providers to increase and expand services for people who are transitdependent, including seniors, persons with mobility disabilities, and persons without regular access to automobiles by improving connections to regional medical facilities, senior centers, and other support systems that serve residents and businesses.
1.6.3: Support and encourage the expansion of paratransit and public transit service to neighborhood and regional medical facilities.
1.7: Ensure completeness and availability of emergency
supplies and resources to all segments of the population, focusing especially on vulnerable population and individuals. 1.7.1: Explore opportunities to construct additional community facilities. The facilities should be geographically distributed to accommodate underserved areas of the city and include spaces that can be rented by residents and community groups. 1.7.2: Encourage services and programs that meet the unique needs of seniors within Milpitas, including the establishment of medical facilities, transportation options for seniors and people with mobility disabilities, senior centers, and programs that provide for in-home care and aging-in-place.
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1.7.3: Support health care facilities and services that assist underserved populations, including minorities, disabled persons, and the homeless community.
1.7.4: Recognize that not-for-profit health care providers, clinics, and permanent supportive housing provide a valuable resource and appropriate medical care for the community, including vulnerable populations. 1.7.5: Continue to promote public safety through public education programs, and ensure programs are available and accessible to all segments of the community.
1.7.6: Coordinate with local homeless services to ensure that emergency shelters are available during extreme heat events, poor air quality, severe weather events, and other highly hazardous conditions. Ensure that the local homeless population is made aware of these resources.
Adaptation Strategy 2: Resilient Transportation Systems and Resilient Energy Resources
2.1: Integrate climate change considerations in all
transportation agency planning and decision-making
processes.
2.1.1: Update maintenance protocols to incorporate projected climate change effects and evaluate the potential for increased frequency or need to maintain transportation infrastructure, specifically from extreme heat and increased frequency of flooding events.
2.1.2: Use the best available science to update design standards for future development and maintenance of transportation infrastructure and capital improvement projects that incorporate future projections for more intense heat wave events. 2.1.3: Coordinate with regional transportation agencies to ensure redundancy of critical transportation routes to allow for continued access and movement in the event of an emergency.
2.2: Reduce local flooding impacts to transportation
infrastructure.
2.2.1: Develop guidelines for the inclusion of green infrastructure in the design of transportation improvements. 2.2.2: Update the City’s Streetscape Master Plan to require drought-tolerant plantings consistent with the requirements of Milpitas’s WELO and GSI elements such as pervious pavers, bioretention areas, and stormwater tree filters, consistent with the City’s GSI Plan.
2.3: Increase the resilience of existing residential and commercial development through energy efficiency upgrades and onsite energy generation and storage.
2.3.1: Transition all City-owned buildings to use 100 percent renewable sources of electricity and install onsite carbon-free backup power supplies to make City operations grid-independent during PSPS events. 2.3.2: Promote decentralization of energy supplies and energy storage capacity for residents and businesses to improve energy independence (i.e., microgrids and battery storage).
2.4: Minimize stress on the electrical grid and increase the resilience of existing residential and commercial development through energy efficiency upgrades and onsite energy
generation and storage.
2.4.1: Facilitate the adoption of smart grid and other peak load reduction technologies, such as building energy management systems and smart appliances, within new and existing buildings. 2.4.2: Encourage distributed energy resources including solar, fuel cells, etc. to provide environmental benefits, as well as energy security, and the support of the grid during peak energy use periods. 2.4.3: Collaborate with utility providers to ensure that infrastructure and resource management plans account for anticipated climate change impacts.
2.5: Protect critical energy and telecommunications
infrastructure and systems from climate change.
2.5.1: Require that all new power and gas lines and transformers are installed underground where feasible and promote the undergrounding of existing overhead facilities.
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Measures Actions
2.5.2: Ensure adequate utility system redundancy and fuel is available to maintain critical facilities during emergency events. 2.5.3: Require that all new telecommunication lines are installed underground where feasible and promote the undergrounding of existing overhead facilities.
Adaptation Strategy 3: Reduced Flooding
3.1: Minimize risks to life and property resulting from flooding and flood-induced hazards.
3.1.1: Invest in the use of pervious pavements and landscaping in developed areas to prevent localize flooding events during small and large storms.
3.1.2: Continue to maintain good standing and compliance under the National Flood Insurance Program (NFIP). This will be accomplished through implementation of floodplain management programs that will, at a minimum, meet the requirements of NFIP:
Enforcement of the Flood Damage Prevention Ordinance
Participate in the floodplain identification and mapping updates Provide public assistance/information on floodplain requirements and impacts. 3.1.3: Evaluate and consider increasing the design criteria for current and future flood protection projects from 100-year flood events to higher impact flood events.
3.1.4: Evaluate the need to increase pump station capacity and provide protection for pump stations.
3.2: Evaluate proposed development in areas of the city subject to flooding impacts caused by rising sea levels. 3.2.1: Require evaluation of projected inundation for development projects near San Francisco Bay or at flooding risk from local waterways which discharge to San Francisco Bay. For projects affected by increased water levels in San Francisco Bay, the City shall require incorporation of mitigation measures prior to the approval of the project.
3.3: Maintain up-to-date flood risk and hazard data. 3.3.1: Monitor information from federal, State, and regional agencies on water level rises in San Francisco Bay on an ongoing basis. Use this information to determine if additional adaptive management actions are needed and implement those actions to address flooding hazards from increasing sea levels for existing or new development and infrastructure. 3.3.2: Continuously monitor local and regional efforts to track sea level rise and the associated flood risks. Consider constructing facilities, such as flood walls and additional pump stations, to protect the city from flooding associated with sea level rise.
Adaptation Strategy 4: Robust Emergency Services and Improved Disaster Recovery
4.1: Ensure that emergency services have adequate capacity to address increased demand due to climate change-related impacts.
4.1.1: Identify community safety areas and evaluate existing locations that serve as temporary shelters or refuge during hazard events for resilience to future climate impacts. 4.1.2: Collaborate with federal, State, and regional partners to ensure coordinated evacuation planning and ensure compliance with SB 99 and AB 747 regarding evacuation route capacity and adequate egress points for subdivisions in the city. 4.1.3: Establish resilience hub locations in neighborhoods throughout the community, equipped with backup power and disaster assistance and supplies.
4.1.4: Maintain up-to-date emergency preparedness and evacuation plans and procedures in coordination with appropriate State, regional, County, and local agencies and departments. 152
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4.1.5: Continue to maintain the City’s Emergency Operations Center and conduct regular staff training exercises to ensure that all City staff members, in addition to emergency responders, are adequately trained to fulfill their duties in the event of an emergency.
4.1.6: Conduct ongoing training for first responders and City personnel to ensure they have the necessary training and equipment to deal with climate-exacerbated hazards, including how to better serve vulnerable populations. Improve cultural competency of emergency services personnel in accordance with SB 160 in coordination with Santa Clara County Office of Emergency Management.
4.1.7: Clearly communicate to the public the City’s plans, procedures, and responsibilities in the event of a disaster or emergency. Communications and information made available to the public shall be provided in multiple languages to ensure the greatest number of community members have access to this information. 4.1.8: Encourage residents to register with the Santa Clara County Emergency Alert System (AlertSCC) to ensure notification in the event of an emergency.
4.1.9: Develop Disaster Documentation Program to include tracking disasters affecting Milpitas, and tracking via photo damage incurred during and after disaster events. This data can be use for tracking and trending, and ultimately mitigation planning.
4.1.10: Develop a debris management plan to aid in post-disaster recovery.
4.2: Develop programs to improve efficiency and equity of disaster recovery.
4.2.1: Encourage residents and community leaders to participate in disaster training programs, such as the “Strategic Actions for Emergencies” (S.A.F.E.) emergency preparedness program and the CERT program. Where feasible, assist in neighborhood drills and safety exercises to increase participation and build community support.
Adaptation Strategy 5: Reduced Urban Heat Island Effect and Resilient Water Resources
5.1: Reduce urban heat island effect through cool roofs, parking lot shading, landscaping, and urban greening in new and existing private and public development.
5.1.1: Amend the Zoning Code to create tree planting standards for new and renovated development, to require the planting of two trees in single-family development in the front, side, or rear yard as feasible, and to create linear landscaping standards for commercial development that identify a minimum number of tree plantings based on linear frontage length.
5.1.2: Encourage the inclusion of additional shade trees, vegetated stormwater treatment and landscaping to reduce the “heat island effect” in development projects.
5.1.3: Encourage the installation or use of cool roof technologies, green roofs, and rooftop gardens in new and existing private and public development.
5.1.4: Support outreach and education describing benefits of cooling strategies, including promotion of the Cool California website and resources on the City website and at City Hall. 5.1.5: Reduce heat gain from surface parking lots in new development for a minimum of 50 percent of the site’s hardscape.
Develop standards to provide shade from the existing tree canopy or from appropriately selected new trees that complement site characteristics and maximize drought tolerance. Where feasible, use open-grid pavement systems (at least 50 percent pervious, which would also satisfy the stormwater Low Impact Development requirement). 153
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Measures Actions
5.1.6: Update City design standards to use heat-mitigating and heat resistant materials on pedestrian walkways and transit stops.
5.1.7: Collaborate with the regional transit providers to install cooling technologies/structures/design features at transit stops.
5.2: Advocate for drought-proof water supplies including recycled water systems or indirect potable recharge.
5.2.1: Work with water utilities to evaluate vulnerabilities of water supply systems and develop strategies to improve resilience.
5.2.2: Collaborate with federal, State, and local agencies and organizations to identify future water supplies, explore alternative supply sources, and improve capacity.
5.2.3: When updating master plans for infrastructure, including water supply, flood control and drainage, and critical facilities, review relevant climate change scenarios and ensure that the plans consider the potential effects of climate change and include measures that provide for resilience to climate impacts. 5.2.4: Develop, implement and manage a new city-wide water rationing and conservation plan, including community outreach and education. This project will begin the conversion of City and private-owned irrigation facilities from potable to recycled water where they are adjacent to recycled water pipelines. 5.2.5: Continue to require all commercial and industrial development south of the Hetch Hetchy right-of-way to install recycled water lines, and require conversion of landscape irrigation to recycled water as soon as available. 5.2.6: Aggressively pursue expansions to the treatment and distribution capacity of recycled water supplies and coordinate with the City of San Jose South Bay Water Recycling Program to increase recycled water supplies available to Milpitas.
Adaptation Strategy 6: Integrated Resilience Planning and Improved Biodiversity and Habitat
6.1: Embed climate resiliency and adaptation across planning efforts.
6.1.1: Integrate climate resiliency throughout long-term planning and current development projects. 6.1.2: Participate in regional climate adaptation planning efforts. 6.1.3: Encourage and support private sector investment in climate adaptation through climate-resilient infrastructure such as onsite renewable energy, integrated stormwater management and water conservation.
6.2: Integrate findings of climate vulnerability assessment into all phases of emergency planning.
6.2.1: Ensure that emergency response plans and training programs continue to evolve and are modified to incorporate future climate projections in order to protect residents, infrastructure, and facilities during emergencies and extreme weather events.
6.3: Prioritize nature-based solutions to improve resilience while promoting biodiversity.
6.3.1: Continue the City's Tree Maintenance Program.
6.3.2: Promote tree health, removal of dead branches and trees that may become a hazard in severe weather, earthquake or a result of drought.
6.3.3: Prepare and adopt an Urban Forest Management Plan (UFMP) for Milpitas. 6.3.4: Conserve existing native trees and vegetation where possible and integrate regionally native trees and plant species into development and infrastructure projects where appropriate. 154
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6.3.5: Work with SCVWD to restrict future fencing, piping and channelization of creeks when flood control and public safety can be achieved through measures that preserve the natural environmental and habitat of riparian corridors; in addition, evaluate opportunities to revert some existing concrete-lined channels to more natural alternatives such as levees. 6.3.6: Collaborate with the SCVWD to support the priorities and projects of the Safe, Clean Water and Natural Flood Protection Program. Pursue grant funding opportunities from SCVWD to provide funding for water conservation, habitat restoration, and open space projects that increase community resiliency, while improving water quality and increasing flood safety throughout the community.
6.3.7: Encourage and accommodate multipurpose flood control projects that incorporate recreation, education, resource conservation, preservation of natural riparian habitat, and the scenic value of drainages, creeks, and detention ponds.
Notes: AB = Assembly Bill; BAAQMD = Bay Area Air Quality Management District; BART = Bay Area Rapid Transit; BAWSCA = Bay Area Water Supply and Conservation Agency; BayREN = Bay Area Regional Energy Network; CALGreen = California Green Building Standards; CERT = community emergency response team; EV = electric vehicle; GSI = Green Stormwater Infrastructure; PG&E = Pacific Gas and Electric Company; PPA = power purchase agreement; PSPS = public safety power shutoff; SB = Senate Bill; SCADA = Supervisory Control and Data Acquisition; SCVWD = Santa Clara Valley Water District; SFPUC = San Francisco Public Utilities Commission; SVCE = Silicon Valley Clean Energy; TDM = transportation demand management; UWMP = Urban Water Management Plan; VMT = vehicle miles traveled; VTA = Santa Clara Valley Transportation Authority; WELO= Water Efficient Landscape Ordinance Source: City of Milpitas 2022.
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Addendum to the Milpitas General Plan Update EIR 3-1
3 ENVIRONMENTAL CHECKLIST FOR
SUPPLEMENTAL ENVIRONMENTAL REVIEW
APPROACH TO ANALYSIS
The General Plan 2040 EIR is a program EIR consistent with the requirements of CEQA. The analysis considers the environmental impacts of policy implementation and development buildout that could occur under the General Plan 2040. As discussed in Section 1, the project is consistent with General Plan 2040 policies and is considered an implementation action of the General Plan 2040. Section 15183 of the State CEQA Guidelines dictates that in circumstances such as these a lead agency “shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.” Section 15183 further indicates that an initial study or other analyses should be prepared by a lead agency to determine the scope of environmental review in light of this prohibition. The purpose of this process is to streamline the review of covered projects and reduce the need for the preparation of repetitive environmental studies.
Under Section 15183 of the State CEQA Guidelines, a checklist can be used to determine whether the following types of impacts may merit additional environmental analysis:
Significant impacts that are peculiar to the project or area in which the project would be located; Significant impacts that were not analyzed in a prior EIR on the zoning action, general plan or community plan with which the project is consistent;
Potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action; or Previously identified significant effects which, as a result of substantial new information, were not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.
Unless an environmental effect satisfies one of these criteria, the lead agency can rely upon its previously certified EIR (State CEQA Guidelines Section 15183[c]).
CHECKLIST FORMAT
The analysis in this addendum remains programmatic; it does not specifically analyze individual projects or actions resulting from implementation of the CAP Update because the details of such projects and actions are not available (e.g., specific location of infrastructure). Each of the following resource-specific subsections begins with a checklist.
The purpose of this checklist is to evaluate the categories listed in Section 15183 of the State CEQA Guidelines to determine whether, in light of the General Plan 2040 EIR, there are any significant environmental effects requiring additional environmental analysis. The row titles of the checklist include the full range of environmental topics, as presented in Appendix G of the State CEQA Guidelines. The column titles of the checklist have been modified from the Appendix G presentation to help answer the questions to be addressed pursuant to PRC Section 21083.3(b) and State CEQA Guidelines Section 15183. A “no” answer does not necessarily mean that there are no potential impacts relative to the environmental category, but that there is no change in the condition or status of the impact because it was analyzed in the General Plan 2040 EIR. For instance, the environmental categories might be answered with a “no” in the checklist because the impacts associated with the project were adequately addressed in the General Plan 2040 EIR, and the environmental impact significance conclusions of the General Plan 2040 EIR remain applicable. The purpose of each column of the checklist is described below. 156
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Where Impact was Analyzed?
This column provides a cross-reference to the pages of the General Plan 2040 EIR where information and analysis may be found relative to the environmental issue listed under each topic.
Any Peculiar Impact?
Pursuant to State CEQA Guidelines Sections 15183(b)(1) and 15183(f), this column indicates whether the project could result in a peculiar impact, including a physical change that belongs exclusively or especially to the project or that is a distinctive characteristic of the project, or the project site and that peculiar impact is not substantially mitigated by the imposition of uniformly applied development policies or standards.
Any Impact Not Analyzed as Significant in General Plan 2040 EIR? Pursuant to State CEQA Guidelines Section 15183(b)(2), this column indicates whether the project would result in a significant effect that was not analyzed as significant in the General Plan 2040 EIR. A new EIR is not required if such a project impact can be substantially mitigated by the imposition of uniformly applied development policies or standards.
Any Significant Off-Site or Cumulative Impact Not Analyzed? Pursuant to State CEQA Guidelines Section 15183(b)(3), this column indicates whether the project would result in a significant off-site or cumulative impact that was not discussed in the General Plan 2040 EIR. A new EIR is not required if such an off-site or cumulative impact can be substantially mitigated by the imposition of uniformly applied development policies or standards.
Any Adverse Impact More Severe Based on Substantial New Information?
Pursuant to State CEQA Guidelines Section 15183(b)(4), this column indicates whether there is substantial new information that was not known at the time the General Plan 2040 EIR was certified, indicating that there would be a more severe adverse impact than discussed in the General Plan 2040 EIR. A new EIR is not required if such an impact can be substantially mitigated by the imposition of uniformly applied development policies or standards.
Do Uniformly Applied Development Policies or Standards
Address/Resolve Impacts?
The General Plan 2040 EIR does not include any mitigation measures. This column indicates whether uniformly applied development standards or policies address identified impacts. Where uniformly applied development policies or standards have been adopted by the City, CEQA allows the City to consider implementation of such standards and policies prior to determination of a potentially new or substantially more severe impact. A “yes” response is provided if the impact is addressed by a General Plan policy identified as a minimization measure or uniformly applied development standards or policies. A “no” response indicates that there are no General Plan policies or other standards identified to address this impact. If “NA” is indicated, this Environmental Checklist review concludes that there was no impact, or the impact was less-than-significant without consideration of uniformly applied policies or standards.
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Discussion
A discussion of the elements of the checklist is provided under each environmental category to clarify the answers.
Where appropriate, updates to the environmental setting are provided.
Mitigation Measures
The General Plan 2040 EIR does not include any mitigation measures. Rather, the EIR concludes that impacts would be mitigated to the greatest extent feasible through General Plan Policies and Actions. This discussion identifies any new mitigation measures necessary to address the potential effects of the proposed CAP Update.
Conclusions
A discussion of the conclusion relating to the need for additional environmental documentation is contained in each section.
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3.1 AESTHETICS
ENVIRONMENTAL ISSUE
AREA
Where Impact Was Analyzed
in the GP EIR.
Any Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly
Applied
Development
Policies or
Standards
Address/ Resolve
Impacts?
I. Aesthetics.
a) Have a substantial
adverse effect on a
scenic vista?
Impact 3.1-1: General Plan
implementation would not
have a substantial adverse
effect on a scenic vista, pp. 3.1-
8-3.1-10
No No No No Yes
b) Substantially damage
scenic resources,
including, but not
limited to, trees, rock
outcroppings, and
historic buildings within
a state scenic highway?
Impact 3.1-2: General Plan
implementation would not
substantially damage scenic
resources, including, but not
limited to, trees, rock
outcroppings, and historic
buildings within a State scenic
highway, p. 3.1-11-
No No No No No
c) In non-urbanized areas,
substantially degrade
the existing visual
character or quality of
public views of the site
and its surroundings?
(Public views are those
that are experienced
from publicly accessible
vantage points.) If the
project is in an
urbanized area, would
the project conflict with
applicable zoning and
other regulations
governing scenic
quality?
Impact 3.1-3: Project
implementation would not
conflict with an applicable
zoning or other regulation
governing scenic quality within
an urbanized area, pp. 3.1-11-
3.1-12
No No No No Yes
d) Create a new source of
substantial light or glare
which would adversely
affect day or nighttime
views in the area?
Impact 3.1-4: General Plan
implementation could result in
the creation of new sources of
nighttime lighting and daytime
glare, pp. 3.1-12-3.1-3.1-13
No No No No Yes
3.1.1 Discussion
No substantial change in the environmental and regulatory settings related to aesthetics, described in General Plan 2040 EIR Section 3.1, “Aesthetics,” has occurred since the certification of the EIR in March 2021. 159
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Addendum to the Milpitas General Plan Update EIR 3-5
The City of Milpitas does not have any designated scenic vistas. Further, there are no officially designated state scenic highways in Milpitas, and no portion of the city encompasses the viewshed of a state scenic highway. The General Plan 2040 EIR disclosed that implementation of the General Plan 2040 would result in new development that could result in changes to the skyline throughout the Planning Area, which may obstruct or interfere with views of visual features surrounding the Planning Area.
The Planning Area is within an urbanized area and subjected to applicable zoning or other regulation governing scenic quality. Zoning and other regulations governing scenic quality applicable to the City of Milpitas include the Design Guidelines and Plan Review Checklist and the City of Milpitas Master Streetscape Master Plan, and Measures I, J, and K. Policies in the General Plan 2040 are intended to complement and further the intent of these provisions regulating scenic quality and resources, and any development occurring under the General Plan 2040 would be subject to compliance with these guidelines, as well as the applicable regulations set forth in the Milpitas Municipal Code. The General Plan 2040 EIR concludes that impacts related to aesthetic resources would be less than significant under project and cumulative conditions.
Implementation of the CAP Update would not result in the potential for adverse effects on a scenic vista or other scenic resources within a state scenic highway because, as discussed in the General Plan 2040, there are no officially designated vistas or highways in the city. Implementation of the CAP Update does not include any development proposals that would directly result in the construction and operation of facilities, including new sources of light or glare. Implementation of the CAP Update could support solar installations (Measure BE-1.1) and additional electric vehicle (EV) charging stations (Measure TR-2.1). These facilities would be constructed within the existing developed conditions of the city and would appear consistent with the existing urban conditions. Further, the development that could be associated with the CAP Update would be limited in nature and generally consistent with the scope of development evaluated in the General Plan 2040 EIR. As described above, subsequent projects would be required to demonstrate consistency with applicable regulations governing scenic quality. Therefore, the project would have no (1) peculiar impacts, (2) impacts not analyzed in the General Plan 2040 EIR (3) significant off-site impacts and cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The findings of the certified General Plan 2040 EIR regarding aesthetics remain valid and no further analysis is required.
Mitigation Measures
No significant aesthetic impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
There are no significant impacts that are peculiar to the project. No new impacts have occurred nor has any new information been found requiring new analysis or verification. The project would not have any potentially significant impacts or cumulative impacts that were not discussed in the General Plan 2040 EIR. Therefore, the conclusions of the General Plan 2040 EIR remain valid and approval of the project would not require additional environmental review. 160
Item # 15.
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City of Milpitas
3-6 Addendum to the Milpitas General Plan Update EIR
3.2 AGRICULTURE AND FORESTRY RESOURCES
ENVIRONMENTAL ISSUE
AREA
Where Impact Was Analyzed
in the GP EIR.
Any Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on
Substantial
New
Information?
Do Uniformly
Applied
Development
Policies or
Standards
Address/ Resolve
Impacts?
II. Agriculture and Forest Resources.
a) Convert Prime Farmland,
Unique Farmland, or
Farmland of Statewide
Importance (Farmland),
as shown on the maps
prepared pursuant to the
Farmland Mapping and
Monitoring Program of
the California Resources
Agency, to nonagricultural use?
Impact 3.2-1: General Plan
implementation would not
result in the conversion of
farmlands, including Prime
Farmland and Unique
Farmland, to non-agricultural
use, p. 3.2-6
No No No No No
b) Conflict with existing
zoning for agricultural
use or a Williamson Act
contract?
Impact 3.2-2: General Plan
implementation would not
result in conflicts with existing
zoning for agricultural use, or
a Williamson Act contract,
pp. 3.2-6-3.2-7
No No No No No
c) Conflict with existing
zoning for, or cause
rezoning of, forest land
(as defined in Public
Resources Code section
12220(g)), timberland (as
defined by Public
Resources Code section
4526), or timberland
zoned Timberland
Production (as defined
by Government Code
section 51104(g))?
Impact 3.2-3: Result in the loss
of forest land or conversion of
forest land to non-forest use,
p. 3.2-7
No No No No No
d) Result in the loss of forest
land or conversion of
forest land to non-forest
use?
Combined with impact above
No No No No No
e) Involve other changes in
the existing environment,
which, due to their
location or nature, could
result in conversion of
Farmland to nonagricultural use or
conversion of forest land
to non-forest use?
Impact 3.2-4: General Plan
implementation would not
involve other changes in the
existing environment which,
due to their location or
nature, could result in
conversion of Farmland, to
non-agricultural use or
conversion of forest land to
non-forest use, p. 3.2-7
No No No No No
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City of Milpitas
Addendum to the Milpitas General Plan Update EIR 3-7
3.2.1 Discussion
No substantial change in the environmental and regulatory settings related to agriculture and forestry, described in General Plan 2040 EIR Section 3.2, “Agricultural and Forest Resources,” has occurred since the certification of the EIR in March 2021.
There are no agricultural lands identified by the California Department of Conservation’s Farmland Mapping and Monitoring Program within the Milpitas city limits. Lands located within Santa Clara County and within the Milpitas SOI are identified by the Department of Conservation as grazing lands, and areas identified by the County as farmlands of local importance. There are no lands within the Planning Area that are currently under a Williamson Act contract. The General Plan 2040 EIR concludes that impacts related to agricultural resources would be less than significant under project and cumulative conditions.
There are no forest lands or timber lands located within the Planning Area. Therefore, the General Plan 2040 EIR determined that implementation of the General Plan 2040 would result in no impact relative to this topic under project and cumulative conditions.
Implementation of the CAP Update could result in limited construction within the city. This new and expanded infrastructure would support existing urban development and would not result in the potential to convert Farmland to non-agricultural use. As described in the General Plan 2040 EIR, there are no designated agricultural lands, lands zoned for exclusive agricultural use, lands under Williamson Act Contract, or forest lands within the city. Therefore, the project would have no (1) peculiar impacts, (2) impacts not analyzed in the General Plan 2040 EIR, or (3) significant off-site impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The findings of the certified General Plan 2040 EIR regarding agricultural and forestry resources remain valid and no further analysis is required.
Mitigation Measures
No significant agricultural impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
The proposed CAP Update would not result in any new or substantially more severe impacts, or cumulatively considerable impacts than described in the General Plan 2040 EIR. The findings of the General Plan 2040 EIR remain valid and no further analysis is required.
162
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3-8 Addendum to the Milpitas General Plan Update EIR
3.3 AIR QUALITY
ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not
Analyzed as
Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly
Applied
Development
Policies or Standards
Address/ Resolve
Impacts?
III. Air Quality.
Would the project:
a) Conflict with or
obstruct
implementation of
the applicable air
quality plan?
Impact 3.3-1: General Plan
implementation would not
conflict with or obstruct
implementation of the
applicable air quality plan, or
result in a cumulatively
considerable net increase of
criteria pollutants, pp. 3.3-21-
3.3-34
No No No No Yes
b) Result in a
cumulatively
considerable net
increase of any
criteria pollutant for
which the project
region is nonattainment under an
applicable federal or
state ambient air
quality standard?
Combined with impact above No No No No Yes
c) Expose sensitive
receptors to
substantial pollutant
concentrations?
Impact 3.3-2: General Plan
implementation would expose
sensitive receptors to substantial
pollutant concentrations, pp.
3.3-34-3.3-37
No No No No Yes
d) Result in other
emissions (such as
those leading to
odors) adversely
affecting a
substantial number
of people?
Impact 3.3-3: General Plan
implementation would not result
in other emissions (such as those
leading to odors adversely
affecting a substantial number of
people), pp. 3.3-37-3.3-59
No No No No Yes
3.3.1 Discussion
Air quality is discussed in Section 3.3, “Air Quality,” of the General Plan 2040 EIR. No substantial change in the environmental setting related to air quality has occurred since certification of the General Plan 2040 EIR.
The General Plan 2040 EIR indicates that Santa Clara County has a designation of nonattainment for ozone, respirable particulate matter (PM10), and fine particulate matter (PM2.5) and is either unclassified or in attainment for all other criteria pollutants with regards to the California ambient air quality standards. Santa Clara County has a designation of nonattainment for ozone and PM2.5 and is either unclassified or in attainment for all other criteria pollutants with 163
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City of Milpitas
Addendum to the Milpitas General Plan Update EIR 3-9
regards to the national ambient air quality standards. The General Plan 2040 EIR evaluates the General Plan’s consistency with BAAQMD’s 2017 Clean Air Plan.
The General Plan includes numerous policies and actions intended to improve air quality that are consistent with the control measures included in BAAQMD’s 2017 Clean Air Plan by promoting a compact urban development form, emphasizing infill development, and ensuring land use patterns do not expose sensitive receptors to pollutant concentrations. The implementation of the General Plan policies and actions, as well as Federal and State regulations, would address the potential for future development to result in impacts to air quality. The General Plan 2040 EIR concludes that impacts related to air quality would be less than significant under project and cumulative conditions.
The CAP Update is a policy document and, like approval of the General Plan 2040, would not result in the direct approval of any subsequent action. The CAP Update does, however, identify policies and actions that the City intends to execute to achieve GHG emission reductions and climate resiliency. The physical improvements anticipated to occur as a result of implementing the proposed CAP Update would be consistent with the types of infrastructure improvements, public services expansions, and building upgrades evaluated in the General Plan 2040 EIR and would occur within the City’s Planning Area. For example, implementation of the CAP Update would support future EV infrastructure (Measure TR-2.1 and Action MVF-1.1.1), transit access improvements (Measure TR-3.1), and building retrofits (Measure BE-2.4). Potential impacts to air quality resulting from projects under the CAP Update would be consistent with impacts described in the General Plan 2040 EIR. In addition, implementation of the CAP Update would reduce emissions of toxic air contaminants and criteria air pollutants and precursors associated with off-road equipment and on-road vehicle use. These include CAP Update measures and associated actions that would reduce use of dieselpowered engines (i.e., Policy BE-2.4 and Action BE-2.4.4 to eliminate the provision of fossil fuel-powered backup generator permits for existing nonresidential development by 2030, Policy TR-2.2 to increase EV vehicle adoption, Policy OT-1.1 to reduce emissions from landscaping equipment, and Policy OT-1.2 to reduce emissions from construction equipment). All measures included in the CAP Update have co-benefits identified and many of the measures have multiple benefits, including improved air quality. Therefore, the project would have no (1) peculiar impacts, (2) impacts not analyzed in the General Plan 2040 EIR, or (3) significant off-site impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The findings of the certified General Plan 2040 EIR regarding air quality remain valid and no further analysis is required.
Mitigation Measures
No significant air quality impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
There are no significant impacts that are peculiar to the project. As discussed above, the project would not have any potentially significant impacts or cumulative impacts that were not discussed in the General Plan 2040 EIR. Therefore, the conclusions of the General Plan 2040 EIR remain valid, and approval of the project would not require additional environmental review.
164
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City of Milpitas
3-10 Addendum to the Milpitas General Plan Update EIR
3.4 BIOLOGICAL RESOURCES
ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly Applied
Development Policies
or Standards
Address/ Resolve
Impacts?
IV. Biological Resources.
a) Have a substantial
adverse effect, either
directly or through
habitat modifications,
on any species
identified as a
candidate, sensitive, or
special-status species
in local or regional
plans, policies, or
regulations, or by the
California Department
of Fish and Wildlife or
the U.S. Fish and
Wildlife Service?
Impact 3.4-1: General Plan
implementation could
have a substantial
adverse effect, either
directly or through
habitat modifications, on
any species identified as a
candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations, or
by the California
Department of Fish and
Wildlife or U.S. Fish and
Wildlife Service, pp. 3.4-
25-3.4-30
No No No No Yes
b) Have a substantial
adverse effect on any
riparian habitat or
other sensitive natural
community identified
in local or regional
plans, policies, or
regulations or by the
California Department
of Fish and Wildlife or
the U.S. Fish and
Wildlife Service?
Impact 3.4-2: General
Plan implementation
could have a substantial
adverse effect on any
riparian habitat or other
sensitive natural
community identified in
local or regional plans,
policies, regulations or by
the California Department
of Fish and Wildlife or
U.S. Fish and Wildlife
Service, pp. 3.4-30-3.4-33
No No No No Yes
c) Have a substantial
adverse effect on state
or federally protected
wetlands (including,
but not limited to,
marsh, vernal pool,
coastal, etc.) through
direct removal, filling,
hydrological
interruption, or other
means?
Impact 3.4-3: General
Plan implementation
could have a substantial
adverse effect on state or
federally protected
wetlands (including, but
not limited to, marsh,
vernal pool, coastal, etc.)
through direct removal,
filling, hydrological
interruption, or other
means, pp. 3.4-33-3.4-36
No No No No Yes
d) Interfere substantially
with the movement of
any native resident or
migratory fish or
Impact 3.4-4: General
Plan implementation
would not interfere
substantially with the
No No No No Yes
165
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City of Milpitas
Addendum to the Milpitas General Plan Update EIR 3-11
ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly Applied
Development Policies
or Standards
Address/ Resolve
Impacts?
wildlife species or with
established native
resident or migratory
wildlife corridors, or
impede the use of
native wildlife nursery
sites?
movement of any native
resident or migratory fish
or wildlife species or with
established native
resident or migratory
wildlife corridors, or
impede the use of native
wildlife nursery sites, pp.
3.4-36-3.4-39
e) Conflict with any local
policies or ordinances
protecting biological
resources, such as a
tree preservation
policy or ordinance?
Impact 3.4-5: The General
Plan would not conflict
with any local policies or
ordinances protecting
biological resources, such
as a tree preservation
policy or ordinance, p.
3.4-39
No No No No No
f) Conflict with the
provisions of an
adopted Habitat
Conservation Plan,
Natural Community
Conservation Plan, or
other approved local,
regional, or state
habitat conservation
plan?
Impact 3.4-6: General
Plan implementation
would not conflict with
the provisions of an
adopted Habitat
Conservation Plan,
Natural Community
Conservation Plan, or
other approved local,
regional, or State habitat
conservation plan, pp.
3.4-39-3.4-46
No No No No Yes
3.4.1 Discussion
Biological resources are discussed in Section 3.4, “Biological Resources,” of the General Plan 2040 EIR. No substantial change in the environmental setting related to biological resources has occurred since certification of the General Plan 2040 EIR.
The General Plan 2040 EIR indicates that the City of Milpitas contains numerous aquatic habitats that qualify as sensitive habitat and may serve as migratory wildlife corridors. The Planning Area also includes wetlands in the northwest corner of the Planning Area adjacent to Coyote Creek and Interstate 880 north of Penitencia Creek. The General Plan 2040 EIR evaluates the potential for future development to result in impacts to protected special status plants and animals and their habitat.
The General Plan 2040 includes numerous policies and actions intended to protect sensitive natural communities, including riparian habitat, wetlands, and waters of the US, from adverse effects associated with future development and improvement projects. Although subsequent projects may disturb protected wetlands and/or jurisdictional waters, the regulatory process that is established through Section 404 of the CWA ensures that there is “no net loss” of wetlands or jurisdictional waters. The implementation of the General Plan 2040 policies and actions, as well as Federal and State regulations, would address the potential for future development to result in impacts to biological 166
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3-12 Addendum to the Milpitas General Plan Update EIR
resources. The General Plan 2040 EIR concludes that impacts related to biological resources would be less than significant under project and cumulative conditions.
The CAP Update is a policy document and, like approval of the General Plan 2040, would not result in the direct approval of any subsequent action. The CAP Update does, however, identify policies and actions that the City intends to execute to achieve GHG emission reductions and climate resiliency. The physical improvements anticipated to occur as a result of implementing the proposed CAP Update would be consistent with the types of infrastructure improvements, public services expansions, and building upgrades evaluated in the General Plan 2040 EIR and would occur within the City’s Planning Area. For example, implementation of the CAP Update would support future EV infrastructure (Measure TR-2.1 and Action MVF-1.1.1), transit access improvements (Measure TR-3.1), and building retrofits (Measure BE-2.4). Further, proposed CAP Update would not re-designate any land currently designated for open space or habitat protection. Though Milpitas is not a permittee of the Santa Clara Valley Habitat Plan, future projects would be required to comply with the Santa Clara Valley Habitat Conservation Plan through the implementation of Action CON-3a. Potential impacts on biological resources resulting from projects under the CAP Update would be consistent with impacts described in the General Plan 2040 EIR. Therefore, the project would have no (1) peculiar impacts, (2) impacts not analyzed in the General Plan 2040 EIR, or (3) significant off-site impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The findings of the certified General Plan 2040 EIR regarding special-status species remain valid and no further analysis is required.
Mitigation Measures
No significant biological resource impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
There are no significant impacts that are peculiar to the project. As discussed above, the project would not have any potentially significant impacts or cumulative impacts that were not discussed in the General Plan 2040 EIR. Therefore, the conclusions of the General Plan 2040 EIR remain valid, and approval of the project would not require additional environmental review.
167
Item # 15.
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City of Milpitas
Addendum to the Milpitas General Plan Update EIR 3-13
3.5 CULTURAL RESOURCES
ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP
EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly Applied
Development Policies
or Standards
Address/ Resolve
Impacts?
V. Cultural Resources.
a) Cause a substantial
adverse change in the
significance of a historical
resource pursuant to
Section 15064.5?
Impact 3.5-1: General
Plan implementation
could cause a
substantial adverse
change in the
significance of a
historical or
archaeological
resource pursuant to
Section 15064.5, pp.
3.5-14-3.5-17
No No No No Yes
b) Cause a substantial
adverse change in the
significance of an
archaeological resource
pursuant to Section
15064.5?
Combined with
impact above
c) Disturb any human
remains, including those
interred outside of
dedicated cemeteries?
Impact 3.5-2:
Implementation of
the General Plan
could lead to the
disturbance of any
human remains, pp.
3.5-17-3.5-18
No No No No Yes
3.5.1 Discussion
Cultural resources are discussed in Section 3.5, “Cultural Resources,” of the General Plan 2040 EIR. No substantial change in the environmental setting related to cultural resources has occurred since certification of the General Plan 2040 EIR.
As discussed in the General Plan 2040 EIR, known historic resource sites are located throughout the Planning Area and there is potential for additional undiscovered prehistoric sites to be located in various areas of the city as well. In addition, excavation and construction activities allowed under the General Plan may yield human remains that may not be marked in formal burials. The General Plan 2040 EIR indicates that future development and infrastructure projects considered by the City will be evaluated for conformance with the City’s General Plan 2040, Municipal Code, and other applicable State and local regulations.
The General Plan 2040 includes policies and actions that would reduce impacts to cultural, historic, and archaeological resources, as well as policies and actions for the conservation of cultural, historic, and archaeological resources. Specifically, General Plan 2040 policies require development projects with a potential to impact archeological resources to be monitored by a relevant expert. In the event of a resource discovery, it is required that all ground disturbing activities and construction to be halted until a qualified expert is able to analyze the project site and determine appropriate mitigation. Additionally, the General Plan 2040 requires consultation with tribes that may 168
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3-14 Addendum to the Milpitas General Plan Update EIR
be impacted by proposed development, in accordance with state, local, and tribal intergovernmental consultation requirements. The General Plan 2040 EIR concludes that impacts related to cultural resources would be less than significant under project and cumulative conditions.
The CAP Update is a policy document and, like approval of the General Plan 2040, would not result in the direct approval of any subsequent action. The CAP Update does, however, identify policies and actions that the City intends to execute to achieve GHG emission reductions and climate resiliency. The physical improvements anticipated to occur as a result of implementing the proposed CAP Update would be consistent with the types of infrastructure improvements, public services expansions, and building upgrades evaluated in the General Plan 2040 EIR and would occur within the City’s Planning Area. For example, implementation of the CAP Update would support future EV infrastructure (Measure TR-2.1 and Action MVF-1.1.1); innovative approaches to energy generation, distribution, and storage (Measure BE-1.2); and building retrofits (Measure BE-2.4). Infrastructure upgrades could result in ground disturbance within the Planning Area that is consistent with the types of disturbance and potential to encounter cultural resources evaluated in the General Plan 2040 EIR. Building retrofits could affect historic resources.
As described in the General Plan 2040 EIR, future discretionary projects would be subject to environmental review under CEQA, which may include project-level records review and analysis, and would result in identification of necessary avoidance or mitigation measures to reduce potential impacts. Compliance with California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097 would provide an opportunity to avoid or minimize the disturbance of human remains, and to appropriately treat any remains that are discovered. The General Plan includes policies and actions that would reduce impacts to cultural, historic, and archaeological resources, as well as policies and actions for the conservation of cultural, historic, and archaeological resources.
Specifically, Policy CON 4-1 requires database review to evaluate the potential for presence of known archaeological resources and Policy CON 5-1 requires implementation of the Milpitas Cultural Resources Preservation Program and the Conceptual Historic Resources Master Plan. Potential impacts on cultural resources resulting from projects under the CAP Update would be consistent with impacts described in the General Plan 2040 EIR. The project would have (1) no peculiar impacts, (2) no significant impacts not analyzed in the General Plan 2040 EIR, (3) no significant off-site impacts and cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. Therefore, the conclusions of the General Plan 2040 EIR remain valid, and no further analyses is required.
Mitigation Measures
No significant cultural resource impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
The proposed CAP Update would not result in any new or substantially more severe impacts, or cumulatively considerable impacts, than described in the General Plan 2040 EIR. Therefore, findings of the General Plan 2040 EIR remain valid and no further analysis is required.
169
Item # 15.
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City of Milpitas
Addendum to the Milpitas General Plan Update EIR 3-15
3.6 ENERGY
ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly Applied
Development Policies
or Standards
Address/ Resolve
Impacts?
VI. Energy.
a) Result in potentially
significant environmental
impact due to wasteful,
inefficient, or
unnecessary
consumption of energy
resources, during project
construction or
operation?
Impact 3.7-3: General
Plan implementation
has the potential to
result in a significant
impact due to wasteful,
inefficient, or
unnecessary
consumption of energy
resources, or conflict
with or obstruct a state
or local plan for
renewable energy or
energy efficiency, pp.
3.7-36-3.7-40
No No No No Yes
b) Conflict with or obstruct
a state or local plan for
renewable energy or
energy efficiency?
Combined with above
impact
No No No No Yes
3.6.1 Discussion
Energy resources are discussed in Section 3.7, “Greenhouse Gases, Climate Change, and Energy,” of the General Plan 2040 EIR. No substantial change in the environmental setting related to energy resources has occurred since certification of the General Plan 2040 EIR.
The General Plan 2040 EIR evaluates the potential for future development to result in impacts to energy use due to wasteful, inefficient, or unnecessary consumption of energy resources. The General Plan 2040 includes numerous policies and actions intended to conserve energy resources. The implementation of the General Plan 2040 policies and actions, as well as Federal and State regulations, would address the potential for future development to result in impacts to energy resources. The General Plan 2040 EIR concludes that impacts related to energy resources would be less than significant under project and cumulative conditions.
The CAP Update is a policy document and, like approval of the General Plan 2040, would not result in the direct approval of any subsequent action. The CAP Update does, however, identify policies and actions that the City intends to execute to achieve GHG emission reductions and climate resiliency. The CAP Update includes measures and actions that seek to increase energy independence and decrease reliance on the electrical grid. Measure BE-1.2 specifies ways in which the City can facilitate innovative approaches to energy generation, distribution, and storage (e.g., microgrids). The increase of onsite energy generation paired with battery storage systems reduces wasteful and unnecessary energy consumption. Measures BE-1.3, BE-2.4, BE-2.5, and BE-2.6 seek to improve energy efficiency through retrofits, enhanced community awareness, and reduced plug loads, all of which reduce inefficiency energy consumption. Potential impacts on energy resources resulting from projects under the CAP Update would be consistent with impacts described in the General Plan 2040 EIR. Therefore, the project would have no (1) peculiar impacts, (2) impacts not analyzed in the General Plan 2040 EIR, or (3) significant off-site impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more 170
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severe than discussed in the General Plan 2040 EIR. The findings of the certified General Plan 2040 EIR regarding energy resources remain valid and no further analysis is required.
Mitigation Measures
No significant energy impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
There are no significant impacts that are peculiar to the project. As discussed above, the project would not have any potentially significant impacts or cumulative impacts that were not discussed in the General Plan 2040 EIR. Therefore, the conclusions of the General Plan 2040 EIR remain valid, and approval of the project would not require additional environmental review.
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Addendum to the Milpitas General Plan Update EIR 3-17
3.7 GEOLOGY AND SOILS
ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly
Applied
Development
Policies or
Standards Address/
Resolve Impacts?
VII. Geology and Soils.
a) Directly or indirectly
cause potential
substantial adverse
effects, including the risk
of loss, injury, or death
involving:
Impact 3.6-1: General
Plan implementation has
the potential to expose
people or structures to
potential substantial
adverse effects, including
the risk of loss, injury, or
death involving rupture
of a known earthquake
fault, strong seismic
ground shaking, seismicrelated ground failure,
including liquefaction, or
landslides, pp. 3.6-21-
3.6-24
No No No No Yes
i) Rupture of a known
earthquake fault, as
delineated on the most
recent Alquist-Priolo
Earthquake Fault Zoning
Map issued by the State
Geologist for the area
or based on other
substantial evidence of
a known fault
Combined with impact
above
ii) Strong seismic ground
shaking?
Combined with impact
above
iii) Seismic-related ground
failure, including
liquefaction?
Combined with impact
above
iv) Landslides? Combined with impact
above
b) Result in substantial soil
erosion or the loss of
topsoil?
Impact 3.6-2: General
Plan implementation
has the potential to
result in substantial soil
erosion or the loss of
topsoil, p. 3.6-24
No No No No Yes
c) Be located on a geologic
unit or soil that is
unstable, or that would
become unstable as a
result of the project, and
potentially result in onImpact 3.6-3: General
Plan implementation
has the potential to
result in development
located on a geologic
unit or soil that is
No No No No Yes
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ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly
Applied
Development
Policies or
Standards Address/
Resolve Impacts?
or off-site landslide,
lateral spreading,
subsidence, liquefaction,
or collapse?
unstable, or that would
become unstable as a
result of the project,
and potentially result
in on- or off-site
landslide, lateral
spreading, subsidence,
liquefaction or
collapse, pp. 3.6-25-
3.6-26
d) Be located on expansive
soil, as defined in Table
18-1-B of the Uniform
Building Code (1994, as
updated), creating
substantial direct or
indirect risks to life or
property?
Impact 3.6-4: General
Plan implementation
has the potential to
result in development
on expansive soil, as
defined in Table 18-1-B
of the Uniform
Building Code (1994),
creating substantial
direct or indirect risks
to life or property, pp.
3.6-27-3.6-28
No No No No Yes
e) Have soils incapable of
adequately supporting
the use of septic tanks or
alternative waste water
disposal systems where
sewers are not available
for the disposal of waste
water?
Impact 3.6-5: General
Plan implementation
does not have the
potential to have soils
incapable of
adequately supporting
the use of septic tanks
or alternative waste
water disposal systems
where sewers are not
available for the
disposal of waste
water, p. 3.6-28
No No No No No
f) Directly or indirectly
destroy a unique
paleontological resource
or site or unique
geologic feature?
Impact 3.6-6: General
Plan implementation
has the potential to
directly or indirectly
destroy a unique
paleontological
resource or site or
unique geologic
feature, pp. 3.6-28-3.6-
39 No No No No Yes
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3.7.1 Discussion
No substantial change in the environmental and regulatory settings related to geology, soils, or paleontological resources, described in the General Plan 2040 EIR Section 3.6, “Geology and Soils,” has occurred since certification of the General Plan 2040 EIR. The setting information described in the General Plan 2040 EIR remains applicable for this analysis.
As described in the General Plan 2040 EIR, there are known, active faults within the city, including the Hayward Fault Zone an Alquist-Priolo Earthquake Fault Zone established by the California Geological Survey. All projects would be required to comply with the provisions of the California Building Standards Code (CBSC), which requires development projects to: perform geotechnical investigations in accordance with State law, engineer improvements to address potential seismic and ground failure issues, and use earthquake-resistant construction techniques to address potential earthquake loads when constructing buildings and improvements. The General Plan 2040 would also allow development and improvement projects that would involve some land clearing, grading, and other grounddisturbing activities that could temporarily increase soil erosion rates during and shortly after project construction.
Construction-related erosion could result in the loss of a substantial amount of nonrenewable topsoil and could adversely affect water quality in nearby surface waters.
As described in the General Plan 2040 EIR, unstable geologic units could be present within the Planning Area. The potential impacts of such unstable materials could include subsidence and seismically induced liquefaction, especially in areas that adjoin Coyote Creek. The General Plan 2040 EIR also discloses the presence of expansive soils in the city and evaluates the potential for direct or indirect risks to life or property. Finally, ground-disturbing construction associated with development allowed under the General Plan could uncover previously unknown fossils of potential scientific significance and other unique geologic features.
As future development and infrastructure projects are considered by the City, each project will be evaluated for conformance with the CBSC, General Plan 2040, Zoning Ordinance, and other applicable regulations. Future development and improvement projects would be required to have a specific geotechnical study prepared and incorporated into the improvement design, consistent with the requirements of the State and City codes. In addition to the requirements associated with the CBSC and the Municipal Code, the General Plan 2040 includes policies and actions to ensure that development projects address potential geologic hazards, at-risk buildings and infrastructure is evaluated for potential risks, and site-specific studies are completed for area subject to liquefaction. Further, the Regional Water Quality Control Board requires a project-specific Storm Water Pollution Prevention Plan (SWPPP) to be prepared for each project that disturbs an area of 1 acre or larger. The SWPPPs include project-specific best management measures that are designed to control drainage and erosion. The General Plan 2040 EIR concludes that impacts related to geology and soils would be less than significant under project and cumulative conditions.
Implementation of the CAP Update would result in limited potential for ground disturbance. The physical improvements anticipated to occur as a result of implementing the proposed CAP Update would be consistent with the types of infrastructure improvements, public services expansions, and building upgrades evaluated in the General Plan 2040 EIR. For example, implementation of the CAP Update would support future EV infrastructure (Measure TR2.1 and Action MVF-1.1.1), transit access improvements (Measure TR-3.1), and building retrofits (Measure BE-2.4). The measures in the proposed CAP Update would not generally result in the construction of structures on expansive soils that would create risks to life and property. Projects would consist of targeted infrastructure improvements and upgrade to existing structures to improve energy efficiency. As disclosed in the General Plan 2040 EIR, subsequent projects subject to the City’s discretionary review will be evaluated for conformance with the CBSC, General Plan 2040, Zoning Ordinance, and other regulations, including any site-specific SWPPP. The CAP Update does not include development proposals that would require the use of septic systems. Therefore, the project would have (1) no peculiar impacts, (2) no impacts not analyzed in the General Plan 2040 EIR, (3) no significant off-site impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The findings of the certified General Plan 2040 EIR regarding geology and soils remain valid and no further analysis is required. 174
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Mitigation Measures
No significant geological or soil impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
There are no significant impacts that are peculiar to the project. As discussed above, the project would not have any potentially significant impacts or cumulative impacts that were not discussed in the General Plan 2040 EIR. Therefore, the conclusions of the General Plan 2040 EIR remain valid and approval of the project would not require additional environmental review.
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Addendum to the Milpitas General Plan Update EIR 3-21
3.7 GREENHOUSE GAS EMISSIONS
ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly Applied
Development Policies
or Standards
Address/ Resolve
Impacts?
VIII. Greenhouse Gas
Emissions.
a) Generate greenhouse
gas emissions, either
directly or indirectly,
that may have a
significant impact on
the environment?
Impact 3.7-1: General
Plan implementation has
the potential to generate
GHG emissions that could
have a significant impact
on the environment, pp.
3.7-20-3.7-34
No No No No Yes
b) Conflict with an
applicable plan, policy
or regulation adopted
for the purpose of
reducing the
emissions of
greenhouse gases?
Impact 3.7-2: General
Plan implementation
has the potential to
conflict with adopted
plans, policies, or
regulations adopted for
the purpose of
reducing greenhouse
gas emissions, pp. 3.7-
35-3.7-36
No No No No Yes
3.7.1 Discussion
GHG emissions and climate change are discussed in Section 3.7, “Greenhouse Gases, Climate Change, and Energy,” of the General Plan 2040 EIR. No substantial change in the environmental setting related to energy resources has occurred since certification of the General Plan 2040 EIR, however, there have been several new or updated GHG executive orders, plans, policies, or regulations issued since the certification of the General Plan 2040 EIR. The following regulations are applicable in addition to those provided in the General Plan 2040 EIR.
REGULATORY SETTING
State
Climate Change Scoping Plan
The Draft 2022 Scoping Plan lays out the framework for achieving the statewide carbon neutrality goal no later than 2045, as identified in EO B-55-18 (CARB 2022). The Draft 2022 Scoping Plan also identifies how GHGs associated with proposed projects could be evaluated under CEQA (CARB 2022:220-221). Specifically, it states that when a lead agency determines a proposed project would emit significant GHG emissions or conflict with state climate goals, lead agencies must impose feasible design features and mitigation measures to minimize the impact.
The 2022 Scoping Plan also describes an approach for detailed and adequately supported GHG reduction plans (including CAPs) to become a tool for streamlining project-level environmental review (CARB 2022:218-220). Under CEQA, individual projects that comply with the strategies and actions within an adequate local CAP can streamline the project-specific GHG analysis.
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Building Efficiency Standards
The energy consumption of new residential and nonresidential buildings in California is regulated by CCR Title 24, Part 6, Building Energy Efficiency Standards (California Energy Code). The California Energy Commission updates the California Energy Code every 3 years with more stringent design requirements for reduced energy consumption, which results in the generation of fewer GHG emissions. The 2022 Building Energy Efficiency Standards, which were adopted on August 11, 2021, will go into effect starting January 1, 2023. The 2022 California Energy Code encourages efficient electric heat pumps, establishes electric-ready requirements for new homes, expands solar photovoltaic and battery storage standards, among other requirements (CEC 2022).
Local
Bay Area Air Quality Management District
BAAQMD updated its thresholds of significance for climate impacts in April 2022. BAAQMD recommends that cities and counties evaluate plans (which includes general plans and CAPs) “based on whether they will be consistent with California’s long-term climate goal of achieving carbon neutrality by 2045. To be consistent with this goal, these plans should reduce GHG emissions in the relevant jurisdiction to meet an interim milestone of 40 percent below the 1990 emission level by 2030, consistent with SB 32, and to support the State’s goal of carbon neutrality by 2045” (BAAQMD 2022:3).
EVALUATION OF CAP UPDATE
The General Plan 2040 EIR evaluates the potential for future development to result in impacts to climate change through the generation of significant GHG emissions or to hinder the ability of achieving adopted GHG reduction plans, policies, or regulation. The General Plan 2040 includes Action CON-1a, which calls for the update to the City’s CAP. This action states that the City’s update to the CAP should align the City’s GHG reduction targets with the Statemandated GHG reduction targets for 2030. As shown in Table 2-2, the measures included in the CAP Update will meet the City’s 2030 target, which is aligned with SB 32. The implementation of the General Plan 2040 policies and actions, as well as Federal and State regulations, would address the potential for future development to result in impacts to climate change. The General Plan 2040 EIR concludes that impacts related to climate change would be less than significant under project and cumulative conditions.
The CAP Update is a policy document and, like approval of the General Plan 2040, would not result in the direct approval of any subsequent action. The CAP Update does, however, identify policies and actions that the City intends to execute to achieve GHG emission reductions and climate resiliency. As described above, the CAP Update identifies a specific policy framework that would serve as an extension of the General Plan by establishing citywide measures and actions intended to reduce GHG emissions associated with buildout of the General Plan 2040. Through implementation of the proposed CAP Update, the City would achieve consistency with the State and local regulations adopted for the purpose of reducing GHG emissions since certification of the General Plan 2040 EIR. Therefore, the project would have no (1) peculiar impacts, (2) impacts not analyzed in the General Plan 2040 EIR, or (3) significant offsite impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The findings of the certified General Plan 2040 EIR regarding energy resources remain valid and no further analysis is required.
Mitigation Measures
No significant climate change impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
There are no significant impacts that are peculiar to the project. As discussed above, the project would not have any potentially significant impacts or cumulative impacts that were not discussed in the General Plan 2040 EIR. Therefore, the conclusions of the General Plan 2040 EIR remain valid, and approval of the project would not require additional environmental review.
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Addendum to the Milpitas General Plan Update EIR 3-23
3.8 HAZARDS AND HAZARDOUS MATERIALS
ENVIRONMENTAL ISSUE
AREA
Where Impact
Was Analyzed in the GP
EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly
Applied
Development
Policies or
Standards Address/
Resolve Impacts?
IX. Hazards and Hazardous Materials.
a) Create a significant hazard
to the public or the
environment through the
routine transport, use, or
disposal of hazardous
materials?
Impact 3.8-1: General Plan
implementation has the
potential to create a
significant hazard to the
public or the environment
through the routine
transport, use, or disposal
of hazardous materials, or
through reasonably
foreseeable upset and
accident conditions
involving the release of
hazardous materials into
the environment, pp. 3.8-
27-3.8-29
No No No No Yes
b) Create a significant hazard
to the public or the
environment through
reasonably foreseeable
upset and/or accident
conditions involving the
release of hazardous
materials into the
environment?
Combined with impact
above
c) Emit hazardous emissions
or handle hazardous or
acutely hazardous
materials, substances, or
waste within one-quarter
mile of an existing or
proposed school?
Impact 3.8-2: General Plan
implementation has the
potential to emit
hazardous emissions or
handle hazardous or
acutely hazardous
materials, substances, or
waste within one-quarter
mile of an existing or
proposed school, pp. 3.8-
30-3.8-33
No No No No Yes
d) Be located on a site which
is included on a list of
hazardous materials sites
compiled pursuant to
Government Code Section
65962.5 and, as a result,
would it create a significant
hazard to the public or the
environment?
Impact 3.8-3: General Plan
implementation has the
potential to have projects
located on a site which is
included on a list of
hazardous materials sites
compiled pursuant to
Government Code Section
65962.5, pp. 3.8-33-3.8-34
No No No No Yes
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ENVIRONMENTAL ISSUE
AREA
Where Impact
Was Analyzed in the GP
EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly
Applied
Development
Policies or
Standards Address/
Resolve Impacts?
e) For a project located within
an airport land use plan or,
where such a plan has not
been adopted, within two
miles of a public airport or
public use airport, would
the project result in a safety
hazard or excessive noise
for people residing or
working in the project
area?
Impact 3.8-4: General Plan
implementation is not
located within an airport
land use plan, two miles of
a public airport or public
use airport, and would not
result in a safety hazard for
people residing or working
in the project area, pp. 3.8-
34-3.8-35
No No No No No
f) Impair implementation of
or physically interfere with
an adopted emergency
response plan or
emergency evacuation
plan?
Impact 3.8-5: General Plan
implementation has the
potential to impair
implementation of or
physically interfere with an
adopted emergency
response plan or
emergency evacuation
plan, pp. 3.8-35-3.8-37
No No No No Yes
g) Expose people or
structures, either directly or
indirectly, to a significant
risk of loss, injury, or death
involving wildland fires?
Impact 3.8-6: General Plan
implementation has the
potential to expose people
or structures to a
significant risk of loss,
injury or death involving
wildland fires, pp. 3.8-37-
3.8-41
No No No No Yes
3.8.1 Discussion
No substantial change in the environmental and regulatory settings related to hazards and hazardous materials, described in General Plan 2040 EIR Chapter 3.8, “Hazards and Hazardous Materials,” has occurred since certification of the General Plan 2040 EIR.
The General Plan 2040 EIR discusses the potential for accidental release of hazardous materials that are used in the construction or operation of a project. There is also the potential for accidental release of pre-existing hazardous materials associated with previous activities on a site. The use, transport, and disposal of hazardous materials is regulated and monitored by local fire departments, Certified Unified Program Agencies, the California Division of Occupational Safety and Health and the California Department of Toxic Substances Control consistent with the requirements of Federal, State, and local regulations and policies. Facilities that store hazardous materials onsite are required to maintain a Hazardous Materials Business Plan in accordance with State regulations. In the event of an accidental release of hazardous materials, the local Certified Unified Program Agency and emergency management agencies (e.g., police and fire) would respond. All future projects allowed under the General Plan 2040 would be required to comply with the provisions of Federal, State, and local requirements related to hazardous materials.
Hazardous materials regulations related to the use, handling, and transport of hazardous materials are codified in Titles 8, 22, and 26 of the CCR, and their enabling legislation set forth in Chapter 6.95 of the California Health and 179
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Addendum to the Milpitas General Plan Update EIR 3-25
Safety Code. These laws were established at the state level to ensure compliance with federal regulations to reduce the risk to human health and the environment from the routine use of hazardous substances. These regulations must be implemented by employers/businesses, as appropriate, and are monitored by the state (e.g., California Division of Occupational Safety and Health in the workplace or the California Department of Toxic Substances Control for hazardous waste) and/or the County. The haulers and users of hazardous materials are listed with the Santa Clara County Fire Department and are regulated and monitored by the Santa Clara County. The City’s General Plan 2040 also requires projects that may result in significant risks associated with hazardous materials to include measures to address and reduce the risks to an acceptable level such that surrounding uses are not exposed to hazardous materials in excess of adopted state and federal standards, and also requires the submittal of information regarding hazardous materials manufacturing, storage, use, transport, and/or disposal by existing and proposed businesses and developments to the Santa Clara County Fire Department. Federal and State regulations ensure that existing hazards, including those associated with known hazardous materials sites, are addressed prior to development.
The General Plan 2040 ensures that the City’s emergency access routes, emergency contact lists, and public information regarding designated facilities and routes are regularly reviewed to ensure that up to date information is available to the City and the public in the event of an emergency. The General Plan 2040 includes requirements for adequate water supply and water flow availability, ensuring adequate emergency access, adequate fire protection services, fire safe design site standards, and ensuring public awareness regarding fire safety. All future projects allowed under the General Plan 2040 would be required to comply with the provisions of Federal, State, and local requirements related to wildland fire hazards, including State fire safety regulations associated with wildland-urban interfaces, fire-safe building standards, and defensible space requirements. As future development and infrastructure projects are considered by the City, each project would be evaluated for potential impacts, specific to the project, associated with wildland fire hazards as required under CEQA. There are no airport facilities located within the Planning Area. The General Plan 2040 EIR concludes that impacts related to hazards and hazardous materials would be less than significant under project and cumulative conditions.
The CAP Update does not include policies or actions that would substantially increase the use, transport, or disposal of hazardous materials in the city. Further, policies and actions in the CAP Update would not result in projects with the potential to impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The CAP Update does not include policies that would increase the potential for fire, such that there would be potential to expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires. As described in the General Plan 2040 EIR, weather is a key factor in the potential for wildfires. Through reduction of GHG emissions, the CAP Update would limit the City’s contribution to global climate change and the potential for wildfires. Therefore, the project would have (1) no peculiar impacts, (2) no impacts not analyzed in the General Plan 2040 EIR, (3) no significant off-site impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The findings of the certified General Plan 2040 EIR regarding hazards and hazardous materials remain valid and no further analysis is required.
Mitigation Measures
No significant hazards or hazardous material impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
There are no significant impacts that are peculiar to the project. As discussed above, the project would not have any new potentially significant impacts or cumulative impacts and there is no new information available that was not known and could not have been known at the time the General Plan 2040 EIR was certified as complete. Therefore, the conclusions of the General Plan 2040 EIR remain valid and approval of the project would not require additional environmental review.
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3.9 HYDROLOGY AND WATER QUALITY
ENVIRONMENTAL ISSUE AREA Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly
Applied
Development
Policies or
Standards Address/
Resolve Impacts?
X. Hydrology and Water Quality.
a) Violate any water quality
standards or waste
discharge requirements or
otherwise substantially
degrade surface or
groundwater quality?
Impact 3.9-1: General
Plan implementation
could violate water
quality standards or
waste discharge
requirements or
otherwise substantially
degrade water quality
or obstruct
implementation of a
water quality control
plan, pp. 3.9-21-3.9-27
No No No No Yes
b) Substantially decrease
groundwater supplies or
interfere substantially with
groundwater recharge such
that the project may
impede sustainable
groundwater management
of the basin?
Impact 3.9-2: General
Plan implementation
could result in the
depletion of
groundwater supplies
or interfere
substantially with
groundwater recharge
or conflict with a
groundwater
management plan, pp.
3.9-27-3.9-34
No No No No No
c) Substantially alter the
existing drainage pattern of
the site or area, including
through the alteration of
the course of a stream or
river or through the
addition of impervious
surfaces, in a manner which
would:
Impact 3.9-3: General
Plan implementation
could alter the existing
drainage pattern in a
manner which would
result in substantial
erosion, siltation,
flooding, impeded
flows, or polluted
runoff, pp. 3.9-34-3.9-
37 No No No No Yes
i) Result in substantial
on- or offsite erosion
or siltation;
Combined with impact
above
ii) Substantially increase
the rate or amount of
surface runoff in a
manner which would
result in flooding onor offsite;
Combined with impact
above
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Addendum to the Milpitas General Plan Update EIR 3-27
ENVIRONMENTAL ISSUE AREA Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly
Applied
Development
Policies or
Standards Address/
Resolve Impacts?
iii) Create or contribute
runoff water which
would exceed the
capacity of existing or
planned stormwater
drainage systems or
provide substantial
additional sources of
polluted runoff; or
Combined with impact
above
iv) Impede or redirect
flood flows?
Combined with impact
above
d) In flood hazard, tsunami, or
seiche zones, risk release of
pollutants due to project
inundation?
Impact 3.9-4: General
Plan implementation
would not release
pollutants due to
project inundation by
flood hazard, tsunami,
or seiche, pp. 3.9-38-
3.9-43
No No No No Yes
e) Conflict with or obstruct
implementation of a water
quality control plan or
sustainable groundwater
management plan?
Combined with b)
above
3.9.1 Discussion
No substantial change in the environmental and regulatory settings related to hydrology and water quality, described in General Plan 2040 EIR Chapter 3.9, “Hydrology and Water Quality,” has occurred since certification of the General Plan 2040 EIR since the certification of the EIR in March 2021.
As evaluated in the General Plan 2040 EIR, grading, excavation, and removal of vegetation cover associated with future construction activities could temporarily increase runoff, erosion, and sedimentation. Compliance with existing City and County construction and stormwater management codes and the Stormwater Master Plan would reduce these potential impacts related to stormwater quality. In addition, prior to the issuance of grading permits, each site developed under the General Plan 2040 would be required to submit a SWPPP and Stormwater Master Plan to the City for approval. The General Plan 2040 EIR concludes that the provisions of the Clean Water Act, which require preparation of a SWPPP where more than 1 acre of ground disturbance would occur, would address the potential for future development to violate water quality standards or waste discharge requirements, or otherwise obstruct implementation of a water quality control plan.
Once constructed, new development and infrastructure projects that result from implementation of the General Plan 2040 could increase the amount of impervious surfaces throughout Milpitas. Future increases in impervious surfaces could result in increased urban runoff, pollutants, and first flush roadway contaminants, as well as an increase in nutrients and other chemicals from landscaped areas. Chapter X-16 of the City’s Municipal Code provides regulations and gives legal effect to certain requirements of the Waste Discharge Requirements and National Pollutant Discharge 182
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Elimination System permit for the discharge of stormwater runoff from the City's municipal separate storm sewer (MS4), issued by the California Regional Water Quality Control Board, San Francisco Region to the City of Milpitas.
Milpitas is located in the Santa Clara Plain groundwater management area of the Santa Clara Subbasin. Potable water is purchased from two wholesalers, the San Francisco Public Utilities Commission (SFPUC) and the Santa Clara Valley Water District (SCVWD), which have sufficient water supply water to meet anticipated demand from General Plan 2040 buildout. The SCVWD actively monitors groundwater elevations to evaluate current groundwater conditions and land subsidence, optimize recharge efforts, access groundwater storage, and support groundwater management efforts. No SCVWD recharge ponds/facilities or instream recharge areas exist within the Planning Area boundaries.
Finally, the city is not at significant risk from a dam failure. Limited, isolated damage to adjacent and down-slope structures has been observed from seiches occurring in swimming pools and in small shallow lakes and ponds. Manmade lakes within the Planning Area are shallow with limited surface areas and would not generate devastating seiches. The City of Milpitas is not within a tsunami hazard area and would not be subject to substantial impacts from seiche events. The General Plan 2040 EIR concludes that impacts related to hydrology and water quality would be less than significant under project and cumulative conditions.
Construction required to implement the CAP Update could result in erosion and grading. All construction would occur within the Planning Area for the General Plan 2040 and would be subject to the requirements of State regulations (e.g., the Clean Water Act) and uniformly applied policies adopted through the General Plan.
Implementation of the CAP Update would not substantially increase water demand or impervious surfaces in a manner that would interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. Implementation of the CAP Update would not result in new or expanded impervious surfaces that could impair groundwater recharge or substantially alter the existing drainage pattern. In addition, the CAP Update does not propose measures that could increase the presence of pollutants within flood hazard zones. In fact, Climate Adaptation Strategy 3 and associated Measures (3.1 through 3.3) are intended to reduce the impacts of flooding in the city. Therefore, the project would have (1) no peculiar impacts, (2) no impacts not analyzed in the General Plan 2040 EIR, (3) no significant off-site impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The findings of the certified General Plan 2040 EIR regarding hydrology and water quality remain valid and no further analysis is required.
Mitigation Measures
No significant hydrology or water quality impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
There are no significant impacts that are peculiar to the project. As discussed above, the project would not have any potentially significant impacts or cumulative impacts that were not discussed in the General Plan 2040 EIR. Therefore, the conclusions of the General Plan 2040 EIR remain valid and approval of the project would not require additional environmental review.
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Addendum to the Milpitas General Plan Update EIR 3-29
3.10 LAND USE AND PLANNING
ENVIRONMENTAL ISSUE AREA Where Impact Was
Analyzed in the GP EIR.
Any Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly
Applied
Development
Policies or
Standards Address/
Resolve Impacts?
XI. Land Use and Planning.
a) Physically divide an
established community?
Impact 3.10-1: General
Plan implementation
would not physically
divide an established
community, pp. 3.10-15-
3.10-16
No No No No Yes
b) Cause a significant
environmental impact due to
a conflict with any land use
plan, policy, or regulation
adopted for the purpose of
avoiding or mitigating an
environmental effect?
Impact 3.10-2: General
Plan implementation
would not cause a
significant
environmental impact
due to a conflict with
any land use plan,
policy, or regulation
adopted for the purpose
of avoiding or
mitigating an
environmental effect,
pp. 3.10-17-3.10-20
No No No No Yes
3.10.1 Discussion
No substantial change in the environmental or regulatory setting related to land use and planning has occurred since certification of the General Plan 2040 EIR. The conditions described in Section 3.10, “Land Use Planning and Population/Housing,” of the General Plan 2040 EIR remain applicable to the following analysis.
As set forth by State law, the General Plan 2040 serves as the primary planning document for the City and subordinate documents and plans, such as the CAP Update, would be updated to be consistent with the General Plan 2040. As described in Section 3.10, “Land Use Planning and Population/Housing,” of the General Plan 2040 EIR, the General Plan 2040 does not include any new areas designated for urbanization or new roadways, infrastructure, or other features that would divide existing communities. General Plan 2040 policies would ensure that future development is compatible with adjacent communities and land issues. The General Plan 2040 EIR concludes that impacts related to land use would be less than significant under project and cumulative conditions.
The CAP Update would not result in physical changes to the environment, including new infrastructure, with the potential to physically divide an established community. The CAP Update implements the provisions of the General Plan 2040, specifically fulfilling the City’s obligation pursuant to General Plan Action CON-1a, which required the City to update the City’s CAP to achieve the GHG reduction targets for 2030 and 2050. Through Measure TR-1.3, the City would continue to implement and adopt policies that support high-density, mixed-use, and transit-oriented development and housing near jobs. These projects would be subject to a determination of compatibility with the land use policies and actions outlined in the General Plan 2040 EIR. Subsequent development and infrastructure projects would be required to be consistent with all applicable policies, standards, and regulations, including those land use plans, policies, and regulations adopted to mitigate environmental effects by the City as well as those adopted by agencies with jurisdiction over components of future development projects. Therefore, the project would 184
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3-30 Addendum to the Milpitas General Plan Update EIR
have (1) no peculiar impacts, (2) no impacts not analyzed in the General Plan 2040 EIR, (3) no significant off-site impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The findings of the certified General Plan 2040 EIR regarding land use remain valid and no further analysis is required.
Mitigation Measures
No significant land use or planning impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
There are no significant impacts that are peculiar to the project. No new impacts have occurred nor has any new information been found requiring new analysis or verification. The project would not have any potentially significant impacts or cumulative impacts that were not discussed in the General Plan 2040 EIR. Therefore, the conclusions of the General Plan 2040 EIR remain valid and approval of the project would not require additional environmental review. 185
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City of Milpitas
Addendum to the Milpitas General Plan Update EIR 3-31
3.11 MINERAL RESOURCES
ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly Applied
Development Policies
or Standards
Address/ Resolve
Impacts?
XII. Mineral Resources.
a) Result in the loss of
availability of a known
mineral resource that
would be of value to
the region and the
residents of the state?
Impact 3.11‐1: General
Plan implementation
would not result in the
loss of availability of a
known mineral resource
that would be of value
to the region and the
residents of the state, p.
3.11-4
No No No No No
b) Result in the loss of
availability of a locally
important mineral
resource recovery site
delineated on a local
general plan, specific
plan, or other land use
plan?
Impact 3.11‐2: General
Plan implementation
would not result in the
loss of availability of a
locally‐important
mineral resource
recovery site delineated
on a local general plan,
specific plan or other
land use plan, p. 3.11-5
No No No No No
3.11.1 Discussion
No substantial change in the environmental and regulatory settings related to mineral resources, described in the General Plan 2040 EIR Section 3.11, “Mineral Resources,” has occurred since certification of the General Plan 2040 EIR.
As described in the General Plan 2040 EIR, the Planning Area contains four areas identified by the State Geologist as containing Regionally Significant Construction Aggregate Resources. These areas, located in the foothills outside of the City limits, are part of the South San Francisco Bay Production‐Consumption Region and contain sandstone deposits. All the areas are being quarried. Implementation of the General Plan 2040 would not result in the loss of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan, because the proposed General Plan does not re‐designate any new lands for urban development within the hillside areas within the SOI east of the city limits. The General Plan 2040 EIR concludes that impacts related to mineral resources would be less than significant under project and cumulative conditions.
Similarly, the CAP Update would not change the land use designations within the hillside areas of the SOI. No components of the CAP Update would result in the loss of availability of a known mineral resource. In addition, the CAP Update would not amend, revise, or be inconsistent with any existing regulations related to mineral resources.
Therefore, the project would have (1) no peculiar impacts, (2) no impacts not analyzed in the General Plan 2040 EIR, (3) no significant off-site impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. Therefore, the findings of the certified General Plan 2040 EIR regarding mineral resources remain valid and no further analysis is required.
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3-32 Addendum to the Milpitas General Plan Update EIR
Mitigation Measures
No significant mineral resource impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
There are no significant impacts that are peculiar to the project. No new impacts have occurred nor has any new information been found requiring new analysis or verification. The project would not have any potentially significant impacts or cumulative impacts that were not discussed in the General Plan 2040 EIR. Therefore, the conclusions of the General Plan 2040 EIR remain valid and approval of the project would not require additional environmental review. 187
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City of Milpitas
Addendum to the Milpitas General Plan Update EIR 3-33
3.12 NOISE
ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly
Applied
Development
Policies or
Standards Address/
Resolve Impacts?
XIII. Noise.
a) Generation of a
substantial temporary or
permanent increase in
ambient noise levels in the
vicinity of the project in
excess of standards
established in the local
general plan or noise
ordinance, or in other
applicable local, state, or
federal standards?
Impact 3.12-1: General Plan
implementation may result in
exposure to significant traffic
noise sources, pp. 3.12-22-
3.12-27
Impact 3.12-2: General Plan
Implementation may result in
exposure to excessive
railroad noise sources, pp.
3.12-27-3.12-28
Impact 3.12-3:
Implementation of General
Plan could result in the
generation of excessive
stationary noise sources, pp.
3.12-29-3.12-30
Impact 3.12-4: General Plan
implementation may result in
an increase in construction
noise sources, pp. 3.12-30-
3.12-32
No No No No No
b) Generation of excessive
groundborne vibration or
groundborne noise levels?
Impact 3.12-5: General Plan
implementation may result in
construction vibration, pp.
3.12-32-3.12-33
Impact 3.12-6: General Plan
implementation may result in
exposure to ground borne
vibration, pp. 3.12-34-3.12-39
No No No No Yes
c) For a project located
within the vicinity of a
private airstrip or an
airport land use plan or,
where such a plan has not
been adopted, within two
miles of a public airport or
public use airport, would
the project expose people
residing or working in the
project area to excessive
noise levels?
NA NA NA NA NA NA
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3-34 Addendum to the Milpitas General Plan Update EIR
3.12.1 Discussion
No substantial changes in the environmental and regulatory settings have occurred related to noise, described in Section 3.12, “Noise,” of the General Plan 2040 EIR.
Impact 3.12-1 in the General Plan 2040 EIR identified a significant and unavoidable impact with regard to traffic noise exposure, while all other impacts in Section 3.12, “Noise,” of the General Plan 2040 EIR were less than significant.
Implementation of the CAP Update would not exceed the City’s traffic noise standards or result in significant increases in traffic noise levels at existing sensitive receptors because the CAP Update does not propose new development that would result in increased traffic levels. General Plan Policies N 1-1 through N 1-7, N 1-9, N 1-10 and Actions N 1a, N 1b, N1 e, N 1f, N 1g, N 1h, N 1i, and N 1k are intended to minimize exposure to excessive noise, including noise associated with traffic.
The CAP Update is a policy document and, like approval of the General Plan 2040, would not result in the direct approval of any subsequent action. The CAP Update does, however, identify policies and actions that the City intends to execute to achieve GHG emission reductions and climate resiliency. These subsequent projects could result in limited construction noise, but are not anticipated to increase long term, operational noise. The physical improvements anticipated to occur as a result of implementing the proposed CAP Update would be consistent with the types of infrastructure improvements, public services expansions, and building upgrades evaluated in the General Plan 2040 EIR and would occur within the City’s Planning Area. Furthermore, the CAP Update includes policies and actions intended to reduce private vehicle use, which may reduce the potential traffic noise from buildout of the General Plan 2040. Potential impacts on noise resulting from projects under the CAP Update would be consistent with impacts described in the General Plan 2040 EIR. Therefore, the project would have no (1) peculiar impacts, (2) impacts not analyzed in the General Plan 2040 EIR, or (3) significant off-site impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The findings of the certified General Plan 2040 EIR regarding noise remain valid and no further analysis is required.
Mitigation Measures
Impact 3.12-1 was deemed significant and unavoidable in the General Plan 2040 EIR and no feasible mitigation measure are included; however, the CAP Update does not include development proposals that would generate new construction noise and vibration not evaluated in the General Plan 2040 EIR. Therefore, there are no mitigation measures applicable to the project.
CONCLUSION
There are no significant impacts that are peculiar to the project. As discussed above, the project would not have any new potentially significant impacts or cumulative impacts, and there is no new information available that was not known and could not have been known at the time the General Plan 2040 EIR was certified as complete. Therefore, the conclusions of the General Plan 2040 EIR remain valid and approval of the project would not require additional environmental review.
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Addendum to the Milpitas General Plan Update EIR 3-35
3.13 POPULATION AND HOUSING
ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly Applied
Development Policies
or Standards
Address/ Resolve
Impacts?
XIV. Population and Housing.
a) Induce substantial
unplanned population
growth in an area,
either directly (for
example, by
proposing new homes
and businesses) or
indirectly (for
example, through
extension of roads or
other infrastructure)?
Impact 3.10-3: General
Plan implementation
would not induce
substantial unplanned
population growth in an
area, either directly (for
example, by proposing
new homes and
businesses) or indirectly
(for example, through
extension of roads or
other infrastructure), pp.
3.10-20-3.10-21
No No No No No
b) Displace substantial
numbers of existing
people or housing,
necessitating the
construction of
replacement housing
elsewhere?
Impact 3.10-4: General
Plan implementation
would not displace
substantial numbers of
existing people or
housing, necessitating the
construction of
replacement housing
elsewhere, pp. 3.10-21-
3.10-23
No No No No No
3.13.1 Discussion
No substantial change in the environmental or regulatory setting related to population and housing has occurred since certification of the General Plan 2040 EIR. The conditions described in Section 3.10, “Land Use Planning and Population/Housing,” of the General Plan 2040 EIR remain applicable to the following analysis.
The General Plan 2040 is intended to accommodate the City’s fair share of statewide housing needs. The Land Use Element and Land Use Map identify new growth that is focused on infill sites distributed throughout the city, with higher density uses focused around major transportation corridors, the Santa Clara Valley Transportation Authority’s Light Rail lines, and the Milpitas Transit Center. Implementation of General Plan 2040 policies and actions intended to guide growth to appropriate areas and provide services necessary to accommodate growth, the land uses allowed under the General Plan 2040, the infrastructure anticipated to accommodate proposed land uses, and the goal and policy framework would not induce growth. The General Plan 2040 EIR concludes that impacts related to population and housing would be less than significant under project and cumulative conditions.
Implementation of the CAP Update would not induce population growth directly or indirectly, because the GHG reduction measures do not propose new housing, nor do they propose changes to policies or regulations related to land use or residential zoning. Although the City would continue to implement and adopt policies that support highdensity, mixed-use, and transit-oriented development and housing near jobs through Measure TR-1.3, this pattern of development is consistent with the assumptions in the General Plan 2040 EIR and related planning documents. GHG reduction measures that would facilitate the construction of future EV infrastructure (Measures TR-2.1 and TR-2.2), 190
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3-36 Addendum to the Milpitas General Plan Update EIR
transit access improvements (Measure TR-3.1), bicycle network improvements (Actions TR-3.3.1, TR-3.3.3, and TR3.3.5), and solar for City buildings (see Municipal Actions to support Measure BE-1.1), could require a temporary increase in the number of construction workers. These types of projects are small construction projects, which would not require a large construction crew. Furthermore, construction workers would likely be from the area and permanent, substantial relocation of workers would not be required. Implementation of the CAP Update would not displace people or housing because the GHG reduction measures do not propose new housing, nor do they propose changes to policies or regulations related to land use or residential zoning.
The General Plan 2040 accommodates future growth in Milpitas, including new businesses, expansion of existing businesses, and new residential uses. Infrastructure and services would need to be extended to accommodate future growth. The CAP Update is another component of the City’s approach to planning for environmentally conscious growth. There are no components of the CAP Update that would result in substantial unplanned population growth.
Implementation of the CAP Update would no result in projects with the potential to displace people or housing.
Therefore, the project would have (1) no peculiar impacts, (2) no impacts not analyzed in the General Plan 2040 EIR, (3) no significant off-site impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The findings of the certified General Plan 2040 EIR regarding population and housing remain valid and no further analysis is required.
Mitigation Measures
No significant population or housing impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
No new circumstances or project changes have occurred nor has any new information been found requiring new analysis or verification. Therefore, the project would have (1) no peculiar impacts, (2) no impacts not analyzed in the General Plan 2040 EIR, (3) no significant off-site impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The conclusions of the General Plan 2040 EIR pertaining to population and housing remain valid and no further analysis is required. 191
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City of Milpitas
Addendum to the Milpitas General Plan Update EIR 3-37
3.14 PUBLIC SERVICES
ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly Applied
Development Policies
or Standards
Address/ Resolve
Impacts?
XV. Public Services.
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
Fire protection?
Impact 3.13-1: General
Plan implementation
could result in adverse
physical impacts on the
environment associated
with the need for new
governmental facilities
or the need for new or
physically altered
governmental facilities,
the construction of
which could cause
significant
environmental impacts
and the provision of
public services, pp. 3.13-
17-3.13-20
No No No No No
Police protection? Combined with impact
above
Schools? Combined with impact
above
Parks? See Section 3.14,
“Recreation”
Other Public Facilities? Combined with impact
above
3.14.1 Discussion
No substantial change in the settings related to public services, described in General Plan 2040 EIR Section 3.13, “Public Services and Recreation,” has occurred since certification of the General Plan 2040 EIR.
Development accommodated under the General Plan 2040 would result in additional residents and businesses in the city. This would result in increased demand for public services, including fire protection, law enforcement, schools, parks, libraries, and other public and governmental services. The General Plan 2040 includes policies and actions to ensure that public services are provided at acceptable levels and that the City will maintain and implement public facility master plans, in collaboration with appropriate outside service providers and other agencies, to ensure compliance with appropriate regional, state, and federal laws and to provide efficient public facilities and services to Milpitas.
As the demand for services increases, there will likely be a need to address acceptable service ratios, response times, and other performance standards. New or expanded service structures (e.g., offices, maintenance and administrative buildings, schools, parks, fire facilities, libraries) will be needed to provide for adequate staffing, equipment, and 192
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appropriate facilities to serve growth in the city. Existing facilities may be expanded at their current location. New facilities may also be constructed. The facilities will be primarily provided on sites with land use designations that allow such uses and the environmental impacts of constructing and operating the governmental facilities would likely be similar to those associated with new development, redevelopment, and infrastructure projects under the General Plan. These impacts are described in the relevant chapters (Chapters 3.1 through 3.16, and 4.0) of the General Plan 2040 EIR. Any future development under the General Plan 2040 would be required to comply with regulations, policies, and standards included in the General Plan. The General Plan 2040 EIR concludes that impacts related to public services would be less than significant under project and cumulative conditions.
As discussed above in Section 3.13, “Population and Housing,” the CAP Update would not result in population growth. Implementation of the CAP Update would not increase the demand for public services or result in the relocation or expansion of public services such that new significant environmental effects could result. Therefore, the project would have (1) no peculiar impacts, (2) no impacts not analyzed in the General Plan 2040 EIR, (3) no significant off-site impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The findings of the certified General Plan 2040 EIR regarding public services remain valid and no further analysis is required.
Mitigation Measures
No significant public service impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
No new circumstances or project changes have occurred nor has any new information been found requiring new analysis or verification. Therefore, the project would have (1) no peculiar impacts, (2) no impacts not analyzed in the General Plan 2040 EIR, (3) no significant off-site impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The conclusions of the General Plan 2040 EIR pertaining to public services remain valid and no further analysis is required.
193
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City of Milpitas
Addendum to the Milpitas General Plan Update EIR 3-39
3.15 RECREATION
ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP
EIR.
Any Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly
Applied
Development
Policies or
Standards Address/
Resolve Impacts?
XVI. Recreation.
a) Increase the use of existing
neighborhood and regional
parks or other recreational
facilities such that
substantial physical
deterioration of the facility
would occur or be
accelerated?
Impact 3.13-2:
General Plan
implementation may
result in adverse
physical impacts
associated with the
deterioration of
existing parks and
recreation facilities or
the construction of
new parks and
recreation facilities,
pp. 3.13-21-3.13-31
b) Include recreational
facilities or require the
construction or expansion
of recreational facilities that
might have an adverse
physical effect on the
environment?
Combined with
impact above
3.15.1 Discussion
No substantial change in the regulatory settings related to public services, described in General Plan 2040 EIR Section
3.13, “Public Services and Recreation,” has occurred since certification of the General Plan 2040 EIR.
Growth accommodated under the General Plan 2040 would result in increased demand for parks and recreation facilities. Development under the General Plan 2040 would indirectly lead to the construction of new parks and recreation facilities to serve new growth and to meet existing parks and recreation needs. New facilities would be provided at a pace and in locations appropriate to serve new development, as required to maintain the City’s adopted standard for park space acreage at 5 acres for every 1,000 residents (as required by General Plan 2040 Policy PROS-1.4). New parks or recreational facilities constructed in the future would be primarily provided on sites with land use designations that allow such uses and the environmental impacts of constructing and operating the parks and recreational facilities would likely be similar to those associated with new development, redevelopment, and infrastructure projects under the General Plan 2040. These impacts are described in the relevant chapters (Chapters
3.1 through 3.16, and 4.0) of the General Plan 2040 EIR. Because any future development under the General Plan 2040 would be required to comply with regulations, policies, and standards included in the General Plan, the General Plan 2040 EIR concludes that impacts related to recreational facilities would be less than significant under project and cumulative conditions.
As discussed above in Section 3.13, “Population and Housing,” the CAP Update would not result in population growth. Implementation of the CAP Update would not increase the demand for parks or result in the construction of new recreational facilities. The CAP Update does include Action CS-1.1.6 through which the City would identify new development mitigation for the provision of parks or open space to enhance carbon sequestration and Action CS194 Item # 15.
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1.3.1 to develop and implement a green infrastructure program that would support the maintenance of the existing parks system. Implementation of the CAP Update may also result in minor modifications to existing parks, such as upgrading facility lighting to LEDs and installation of upgraded irrigation systems and drought-tolerant landscaping.
These actions would not result in the potential for new, adverse physical effects on the environment that would be inconsistent with the development evaluated in the General Plan 2040 EIR. Therefore, the project would have (1) no peculiar impacts, (2) no impacts not analyzed in the General Plan 2040 EIR, (3) no significant off-site impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The findings of the certified General Plan 2040 EIR regarding recreation remain valid and no further analysis is required.
Mitigation Measures
No significant recreation impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
No new circumstances or project changes have occurred nor has any new information been found requiring new analysis or verification. Therefore, the project would have (1) no peculiar impacts, (2) no impacts not analyzed in the General Plan 2040 EIR, (3) no significant off-site impacts and cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The conclusions of the General Plan 2040 EIR pertaining to parks and recreation remain valid and no further analysis is required. 195
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3.16 TRANSPORTATION/TRAFFIC AND CIRCULATION
ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP
EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly
Applied
Development
Policies or
Standards Address/
Resolve Impacts?
XVII. Transportation.
a) Conflict with a program,
plan, ordinance or policy
addressing the circulation
system, including transit,
roadway, bicycle, and
pedestrian facilities?
Impact 3.14-1: General
Plan implementation
would not conflict
with a program, plan,
ordinance or policy
addressing the
circulation system,
including transit,
roadway, bicycle and
pedestrian facilities,
pp. 3.14-30-3.14-34
No No No No Yes
b) Conflict or be inconsistent
with CEQA Guidelines
section 15064.3,
subdivision (b)?
Impact 3.14-2: General
Plan implementation
would conflict or be
inconsistent with
CEQA Guidelines
section 15064.3,
subdivision (a), pp.
3.14-34-3.14-36
No No No No No
c) Substantially increase
hazards due to a
geometric design feature
(e.g., sharp curves or
dangerous intersections) or
incompatible uses (e.g.,
farm equipment)?
Impact 3.14-3: General
Plan implementation
would not
substantially increase
hazards due to a
geometric design
feature or
incompatible use, p.
3.14-37
No No No No Yes
d) Result in inadequate
emergency access?
Impact 3.14-4:
General Plan
implementation
would not result in
inadequate
emergency access,
pp. 3.14-37-3.14-47
No No No No Yes
3.16.1 Discussion
Transportation and circulation are discussed in Section 3.14, “Transportation and Circulation,” of the General Plan 2040 EIR. No substantial change in the environmental setting related to transportation and circulation has occurred since certification of the General Plan 2040 EIR, however, the City has adopted new policies related to transportation since the certification of the General Plan 2040 EIR. The following policies are applicable in addition to those provided in the General Plan 2040 EIR.
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REGULATORY SETTING
Local
The Milpitas City Council adopted a VMT policy on May 18, 2021, pursuant to the requirements of SB 743, which requires local jurisdictions to use VMT instead of Level of Service to analyze transportation impacts under CEQA. The VMT policy aligns with the goals and policies of the General Plan and other City-adopted plans, and supports new development in suitable areas near transit, mixed-use neighborhoods, and other amenities.
EVALUATION OF CAP UPDATE
Impact 3.14.-2 in the General Plan 2040 EIR identified a significant and unavoidable impact with regard to employment-based VMT generation, while all other impacts in Section 3.14, “Transportation and Circulation,” of the General Plan 2040 EIR were less than significant. Implementation of the CAP Update would not exceed the City’s VMT thresholds because the CAP Update does not propose new development that would result in increased VMT. The General Plan’s land use patterns and intensities, as well as its policies, include a multitude of components that will reduce VMT. Transportation demand management (TDM) strategies are included in General Plan 2040 policies and CAP Update strategies and measures.
The CAP Update is a policy document and, like approval of the General Plan 2040, would not result in the direct approval of any subsequent action. The CAP Update does, however, identify policies and actions that the City intends to execute to achieve GHG emission reductions and climate resiliency. These subsequent projects would be required to complete VMT analyses based on the City’s adopted VMT policy. The physical improvements anticipated to occur as a result of implementing the proposed CAP Update would be consistent with the types of infrastructure improvements evaluated in the General Plan 2040 EIR and would occur within the City’s Planning Area. For example, implementation of the CAP Update would reduce VMT from new and existing development through TDM strategies (Measures TR-1.1 and TR-1.2), transit access improvements (Measure TR-3.1), and bicycle and pedestrian infrastructure improvements (Measure TR-3.3). Potential impacts on transportation resulting from projects under the CAP Update would be consistent with impacts described in the General Plan 2040 EIR. Therefore, the project would have no (1) peculiar impacts, (2) impacts not analyzed in the General Plan 2040 EIR, or (3) significant off-site impacts or cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. The findings of the certified General Plan 2040 EIR regarding transportation and circulation remain valid and no further analysis is required.
Mitigation Measures
Impact 3.14-2 was deemed significant and unavoidable in the General Plan 2040 EIR and no feasible mitigation measure are included; however, the CAP Update does not include development proposals that would generate new VMT or traffic impacts not evaluated in the General Plan 2040 EIR. Therefore, there are no mitigation measures applicable to the project.
CONCLUSION
There are no significant impacts that are peculiar to the project. As discussed above, the project would not have any potentially significant impacts or cumulative impacts that were not discussed in the General Plan 2040 EIR. Therefore, the conclusions of the General Plan 2040 EIR remain valid and approval of the project would not require additional environmental review.
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3.17 TRIBAL CULTURAL RESOURCES
ENVIRONMENTAL ISSUE AREA Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not
Analyzed as
Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly
Applied
Development
Policies or
Standards Address/
Resolve Impacts?
XVIII. Tribal Cultural Resources.
Has a California Native American Tribe requested consultation in accordance with Public Resources Code section 21080.3.1(b)? Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in
the California Register of
Historical Resources, or in a
local register of historical
resources as defined in Public
Resources Code section
5020.1(k)?
Impact 3.5-3: General
Plan implementation
could cause a substantial
adverse change in the
significance of a historical
or archaeological
resource pursuant to
Section 15064.5, pp. 3.5-
19-3.5-21
No No No No Yes
b) A resource determined by the
lead agency, in its discretion
and supported by substantial
evidence, to be significant
pursuant to criteria set forth in
subdivision (c) of Public
Resources Code Section
5024.1. In applying the criteria
set forth in subdivision (c) of
Public Resource Code Section
5024.1, the lead agency shall
consider the significance of
the resource to a California
Native American tribe?
Combined with impact
above
3.17.1 Discussion
Tribal cultural resources are discussed in Section 3.5, “Cultural Resources,” of the General Plan 2040 EIR. No substantial change in the environmental setting related to cultural resources has occurred since certification of the General Plan 2040 EIR.
As discussed in the General Plan 2040 EIR, future development could result in the discovery of previously undocumented archaeological resources, including Native American artifacts and human remains. Compliance with the General Plan policies and actions, as well as State and local guidelines, would provide an opportunity to identify, disclose, and avoid or minimize the disturbance of and impacts to a tribal resource. The General Plan 2040 EIR concludes that impacts related to tribal cultural resources would be less than significant under project and cumulative conditions.
The CAP Update is a policy document and, like approval of the General Plan 2040, would not result in the direct approval of any subsequent action. The CAP Update does, however, identify policies and actions that the City intends to execute to achieve GHG emission reductions and climate resiliency. The physical improvements anticipated to 198
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occur as a result of implementing the proposed CAP Update would be consistent with the types of infrastructure improvements evaluated in the General Plan 2040 EIR and would occur within the City’s Planning Area. For example, implementation of the CAP Update would support future EV infrastructure (Measure TR-2.1 and Action MVF-1.1.1) and innovative approaches to energy generation, distribution, and storage (Measure BE-1.2). Infrastructure upgrades could result in ground disturbance within the Planning Area that is consistent with the types of disturbance and potential to encounter cultural resources evaluated in the General Plan 2040 EIR.
As described in the General Plan 2040 EIR, future discretionary projects would be subject to environmental review under CEQA, which may include project-level records review and analysis and would result in identification of necessary avoidance or mitigation measures to reduce potential impacts. The CAP Update would be consistent with the development anticipated in the General Plan 2040 EIR and would not increase the potential severity of impacts to tribal cultural resources. The project would have (1) no peculiar impacts, (2) no significant impacts not analyzed in the General Plan 2040 EIR, (3) no significant off-site impacts and cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. Therefore, the conclusions of the General Plan 2040 EIR remain valid, and no further analyses is required.
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3.18 UTILITIES AND SERVICE SYSTEMS
ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly
Applied
Development
Policies or
Standards Address/
Resolve Impacts?
XIX. Utilities and Service Systems.
a) Require or result in the
relocation or construction
of construction of new or
expanded water,
wastewater treatment or
stormwater drainage,
electric power, natural
gas, or telecommunication
facilities, the construction
or relocation of which
could cause significant
environmental effects?
Impact 3.15‐2: General Plan
implementation may require
or result in the construction
of new water treatment
facilities or expansion of
existing facilities, the
construction of which could
cause significant
environmental effects, p.
3.15-14
Impact 3.15-4: General Plan
implementation may require
or result in the relocation or
construction of new or
expanded wastewater
facilities, the construction or
relocation of which could
cause significant
environmental effects, p.
3.15-23
Impact 3.15-5: General Plan
implementation may require
or result in the relocation or
construction of new or
expanded storm water
drainage facilities, the
construction or relocation of
which could cause
significant environmental
effects, pp. 3.15-29-3.15-31
No No No No Yes
b) Have sufficient water
supplies available to serve
the project and
reasonably foreseeable
future development
during normal, dry and
multiple dry years?
Impact 3.15‐1: General Plan
implementation would result
in sufficient water supplies
available to serve the City
and reasonably foreseeable
future development during
normal, dry and multiple dry
years, pp. 3.15-11-3.15-13
No No No No No
c) Result in a determination
by the wastewater
treatment provider that
serves or may serve the
project that it has
adequate capacity to
serve the project’s
Impact 3.15‐3: General Plan
implementation has the
potential to result in a
determination by the
wastewater treatment
provider which serves or
may serve the Project that it
No No No No No
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ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly
Applied
Development
Policies or
Standards Address/
Resolve Impacts?
projected demand, in
addition to the provider’s
existing commitments?
has adequate capacity to
serve the project’s projected
demand in addition to the
provider’s existing
commitments, pp. 3.15-21-
3.15-22
d) Generate solid waste in
excess of State or local
standards, or in excess of
the capacity of local
infrastructure, or
otherwise impair the
attainment of solid waste
reduction goals?
Impact 3.15‐6: General Plan
implementation would
comply with federal, state,
and local management and
reduction statutes and
regulations related to solid
waste, and would not
generate solid waste in
excess of State or local
standards, or in excess of
the capacity of local
infrastructure, or otherwise
impair the attainment of
solid waste reduction goals,
pp. 3.15-36-3.15-43
No No No No No
e) Comply with federal, state,
and local management
and reduction statutes
and regulations related to
solid waste?
Combined with impact
above
3.18.1 Discussion
No substantial change in the settings related to utilities and services systems, described in General Plan 2040 EIR Section 3.15, “Utilities and Service Systems,” has occurred since certification of the General Plan 2040 EIR in March 2021. Although the Urban Water Management Plan (UWMP) and associated Water Shortage Contingency Plan (WSCP) were officially adopted subsequently (on June 15, 2021, by the Milpitas City Council), the data from these studies informed the analysis in the General Plan 2040 EIR.
The General Plan 2040 EIR discloses that infrastructure and facilities necessary to serve new growth could involve development of facilities within new development projects, on appropriately designated land, and improvements to existing facilities and disturbance of existing rights‐of‐way. As future development and infrastructure projects are considered by the City, each project will be evaluated for conformance with the General Plan 2040, Municipal Code, and other applicable regulations.
Implementation of the General Plan 2040 would result in increased population and employment growth within the Planning Area, and a corresponding increase in the demand for additional water supplies. For the purpose of the analysis in the General Plan 2040 EIR, potable water demands were estimated based on water use factors recommended in the 2020 WMPU. These water use factors represent typical water use for each General Plan Land Use designation and were developed from actual consumption data for calendar year 2019. The result is a total water demand of approximately 13.1 million gallons per day (mgd) (14,700 acre‐feet per year (af/yr)) at buildout. This 201
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includes an 8 percent adjustment for unaccounted‐for water, which is consistent with the 2020 WMPU. For comparison, the 2020 WMPU projects buildout potable water demands to be slightly higher, approximately 13.7 mgd.
The General Plan 2040 includes a range of policies designed to ensure an adequate water supply for development and to minimize the potential adverse effects of increased water use. Given that projected water demands associated with General Plan 2040 buildout would not exceed the projected available water supplies, and that the proposed General Plan includes a comprehensive set of goals and policies to ensure an adequate and reliable source of clean potable water, the City determined that there will be adequate water supply to serve the buildout. Implementation and buildout of the General Plan 2040 would not result in the need to construct or expand water supply and treatment facilities that have not already been described and accounted for in the relevant water master plans.
Wastewater treatment capacity is also anticipated to be adequate to serve buildout. Applying Use Factors from the 2009 Sewer Master Plan Update factors to the General Plan 2040 buildout projections yields a buildout average dry weather flow (ADWF) of approximately 11.8 mgd. This projected ADWF is below the City’s current capacity rights of
14.25 mgd.
In addition, future projects within the Planning Area would be required to comply with applicable State and local requirements, including those pertaining to solid waste, construction waste diversion, and recycling. While there is adequate permitted landfill capacity to accommodate future growth, the General Plan 2040 includes actions to further reduce the project’s impact on solid waste services. The General Plan 2040 EIR concludes that impacts related to utilities would be less than significant under project and cumulative conditions.
The CAP Update includes measures focused on the water, wastewater, and solid waste sectors to minimize GHG emissions while improving community resilience and energy reliability and protecting natural resources. The CAP Update includes proposed measures to further reduce water consumption and demand for wastewater treatment.
Measure WA-1.1 would reduce indoor water consumption in buildings and is supported by Actions WA-1.1.1 through WA-1.1.7, which would encourage water conservation. Measure WA-1.2 would reduce water consumption for irrigation and landscaping. Measure WA-1.3 would increase the use of recycled water through Actions WA-1.3.1 through WA-1.3.6 that continue requirements to include recycled water infrastructure in new development and encourage use of recycled water for industrial uses and landscape irrigation. Measures related to solid waste aim to eliminate the disposal of organic solid waste in landfills (Measure SW-1.1), increase recycling and the diversion of other inorganic solid waste (Measure SW-1.2), reduce generation of waste from residents and businesses (Measure SW-1.3) and construction and demolition (Measure SW-1.4), and facilitate repair and reuse of consumer products (Measure SW-1.5). These measures would serve to reduce the demand for utilities and service systems and decrease the potential that either the capacity of existing service providers would be exceeded or new facilities would be required. As described in Section 3.9, “Hydrology and Water Quality,” implementation of the CAP Update is not anticipated to increase impervious surfaces or runoff more than the effects anticipated from buildout of the General Plan and evaluated in the General Plan 2004 EIR. For these reasons, the project would have (1) no peculiar impacts, (2) no significant impacts not analyzed in the General Plan 2040 EIR, (3) no significant off-site impacts and cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. Therefore, the conclusions of the General Plan 2040 EIR remain valid, and no further analyses is required.
Mitigation Measures
No significant utilities or service system impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
There are no significant impacts that are peculiar to the project. As discussed above, the project would not have any potentially significant impacts or cumulative impacts that were not discussed in the General Plan 2040 EIR. Therefore, the conclusions of the General Plan 2040 EIR remain valid and approval of the project would not require additional environmental review.
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3.19 WILDFIRE
ENVIRONMENTAL ISSUE
AREA
Where Impact Was
Analyzed in the GP EIR.
Any
Peculiar
Impact?
Any Impact
Not Analyzed
as Significant
Effect in GP
EIR?
Any
Significant
Off-Site or
Cumulative
Impact Not
Analyzed?
Any Adverse
Impact More
Severe Based
on Substantial
New
Information?
Do Uniformly Applied
Development Policies
or Standards
Address/ Resolve
Impacts?
XX. Wildfire.
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an
adopted emergency
response plan or
emergency evacuation
plan?
Impact 3.16-1: General
Plan implementation
could substantially
impair an adopted
emergency response
plan or emergency
evacuation plan, pp.
3.16-6-3.16-9
No No No No No
b) Due to slope, prevailing
winds, and other
factors, exacerbate
wildfire risks, and
thereby expose project
occupants to pollutant
concentrations from a
wildfire or the
uncontrolled spread of
a wildfire?
Impact 3.16-2: General
Plan implementation
would not exacerbate
wildfire risks, or thereby
expose project
occupants to pollutant
concentrations from a
wildfire or the
uncontrolled spread of a
wildfire, pp. 3.16-9-3.16-
11 No No No No Yes
c) Require the installation
of associated
infrastructure (such as
roads, fuel breaks,
emergency water
sources, power lines or
other utilities) that may
exacerbate fire risk or
that may result in
temporary or ongoing
impacts to the
environment?
Impact 3.16-3: Require
the installation or
maintenance of
associated infrastructure
(such as roads, fuel
breaks, emergency
water sources, power
lines or other utilities)
that may exacerbate fire
risk or that may result in
temporary or ongoing
impacts to the
environment, p. 3.16-11-
3.16-13
No No No No Yes
d) Expose people or
structures to significant
risks, including
downslope or
downstream flooding
or landslides, as a result
of runoff, post-fire
slope instability, or
drainage changes?
Impact 3.16-4: Expose
people or structures to
significant risks,
including downslope or
downstream flooding or
landslides, as a result of
runoff, post-fire slope
instability, or drainage
changes, pp. 3.16-13-
3.16-17
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3.19.1 Discussion
No substantial change in the environmental and regulatory settings related to hazards and hazardous materials, described in General Plan 2040 EIR Chapter 3.16, “Wildfires,” has occurred since certification of the General Plan 2040 EIR.
The City of Milpitas does not contain any areas determined to have either a high or very high fire threat to people within the City limits. Future projects are not anticipated to remove or impede evacuation routes, and the General Plan 2040 does not include land uses, policies, or other components that conflict with adopted emergency response or evacuation plans. The General Plan 2040 ensures that the City maintains adequate emergency access as well as staffing, training, station locations, emergency response. Important new critical facilities would also be located to ensure resiliency and functionality in the event of a natural disaster.
Any future projects contemplated under the General Plan 2040 would be required to comply with the provisions of Federal, State, and local requirements related to wildland fire hazards, including State fire safety regulations associated with wildland-urban interfaces, fire-safe building standards, and defensible space requirements as part of the project’s approval process. Infrastructure required to serve development allowed under the General Plan 2040 would generally be located in and along established City roadways and would be located in areas that are already urbanized and are currently served by infrastructure. As such, implementation of the General Plan 2040 would not exacerbate wildfire risks. The General Plan 2040 includes requirements for adequate water supply and water flow availability, emergency access, fire protection services, fire safe design site standards, and ensuring public awareness regarding fire safety. All future development projects would be required to be consistent with the City’s municipal code standards related to the California Fire Code. The General Plan 2040 EIR concludes that impacts related to wildfire would be less than significant under project and cumulative conditions.
The proposed CAP Update is intended to provide a roadmap to make Milpitas resilient to climate change and the associated effects, such as increased potential for wildfire. The developed areas of the city, where specific projects like EV charger installation would occur, are not in state responsibility areas or lands classified as very high fire hazard severity zones. In addition, although the area east of the city in the SOI is an area of elevated wildfire risk, implementation of the CAP Update would not interfere with implementation of an adopted emergency response plan, exacerbate wildfire risk, or expose people or structures to significant risks, as a result of runoff, post-fire slope instability, or drainage changes. Although new electrical infrastructure may result from implementation of the CAP Update, the increase in electrical demand would within the scope of the utility provider’s integrated resources plans.
The potential for upgraded and modified infrastructure is within the overall scope of the upgrades contemplated in the General Plan 2040 EIR and would not require the installation of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. For these reasons, the project would have (1) no peculiar impacts, (2) no significant impacts not analyzed in the General Plan 2040 EIR, (3) no significant off-site impacts and cumulative impacts not discussed in the General Plan 2040 EIR, and (4) there is no substantial new information indicating that an impact would be more severe than discussed in the General Plan 2040 EIR. Therefore, the conclusions of the General Plan 2040 EIR remain valid, and no further analyses is required.
Mitigation Measures
No significant wildfire impacts were identified in the General Plan 2040 EIR, and no mitigation measures were required.
CONCLUSION
There are no significant impacts that are peculiar to the project. The project would not have any potentially significant impacts or cumulative impacts that were not discussed in the General Plan 2040 EIR. Therefore, the conclusions of the General Plan 2040 EIR remain valid and approval of the project would not require additional environmental review. 204
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4 REFERENCES
BAAQMD. See Bay Area Air Quality Management District.
Bay Area Air Quality Management District. 2022 (April). Justification Report: CEQA Thresholds for Evaluating the Significance of Climate Impacts From Land Use Projects and Plans. Available:
https://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa-thresholds-2022/justificationreport-pdf.pdf?la=en. Accessed June 7, 2022.
California Air Resources Board. 2022 (May 10). Draft 2022 Scoping Plan Update. Available:
https://ww2.arb.ca.gov/sites/default/files/2022-05/2022-draft-sp.pdf. Accessed June 7, 2022.
California Energy Commission. 2022. 2022 Building Energy Efficiency Standards. Available:
https://www.energy.ca.gov/programs-and-topics/programs/building-energy-efficiency-standards/2022- building-energy-efficiency. Accessed June 7, 2022.
CARB. See California Air Resources Board.
CEC. See California Energy Commission.
City of Milpitas. 2022 (May). Public Draft Milpitas Climate Action Plan Update. Available: https://www.milpitas.gov/wpcontent/uploads/2022/05/CAP-Public-Draft-Milpitas-CAP-Update-May-2022.pdf. Accessed June 8, 2022.
ICLEI. See ICLEI—Local Governments for Sustainability.
ICLEI—Local Governments for Sustainability. 2019. U.S. Community Protocol for Accounting and Reporting Greenhouse Gas Emissions, Version 1.2.
United Nations. 2015. Paris Agreement. Available: https://unfccc.int/sites/default/files/english_paris_agreement.pdf.
Accessed October 1, 2021.
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Addendum to the Milpitas General Plan Update EIR 5-1
5 REPORT PREPARERS
Ascent Environmental
Honey Walters................................................................................................................................................................ Principal-in-Charge Pat Angell.................................................................................................................................................................................Project Director Jessica Babcock....................................................................................................................................................................Project Manager Hannah Kornfeld, AICP....................................................................................................................................Assistant Project Manager Gayiety Lane......................................................................................................................................................................................Publishing Michele Mattei..................................................................................................................................................................................Publishing City of Milpitas
Ned Thomas, AICP............................................................................................................................................................ Planning Director Jay Lee ....................................................................................................................................................................................Principal Planner Elaine Marshall ............................................................................................................................................Deputy Public Works Director 208
Item # 15.
Report Preparers Ascent Environmental
City of Milpitas
5-2 Addendum to the Milpitas General Plan Update EIR
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Item # 15.
Ascent Environmental
1111 Broadway, Suite 600
Oakland, CA 94607
ascentenvironmental.com
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Item # 15.
Resolution No. ____
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADOPTING
THE MILPITAS CLIMATE ACTION PLAN UPDATE AND THE ADDENDUM TO THE
GENERAL PLAN ENVIRONMENTAL IMPACT REPORT
WHEREAS, the initial Climate Action Plan was adopted by the City Council in May 2013; and WHEREAS, Project No. 3146 Climate Action Plan Update was approved as part of the Capital Improvement Program 2019-2025; and
WHEREAS, climate change poses an imminent threat to the city and the world at large and the City must act swiftly on climate change to ensure a livable, healthy, and prosperous planet for generations to come.; and
WHEREAS, the City of Milpitas, as lead Agency, prepared the General Plan 2040 Environmental Impact Report which is a program EIR that considers the environmental effects of implementing the General Plan through the 20-year planning horizon. Among the proposed policies and actions evaluated in the General Plan 2040 EIR, Action CON-1a required the City to update the City’s Climate Action Plan (CAP) to achieve the greenhouse gas (GHG) reduction targets for 2030 and 2050 and the City adopted the Milpitas GP EIR on March 9, 2021; and
WHEREAS, the City of Milpitas, as lead Agency, prepared the California Environmental Quality Act (CEQA) Environmental Impact Report (EIR) Addendum (Addendum) to the Milpitas General Plan Update EIR (Milpitas GP EIR; State Clearinghouse No. 2020070348) which demonstrates that the proposed CAP would not change any of the conclusions of the General Plan 2040 EIR; and WHEREAS, the Climate Action Plan Update was made available for Public Review on May 11, 2022 and notice of its availability was posted on the City website, social media, newsletter publications, and Milpitas Post with the comment period closing on June 10, 2022. The City received comments from community members and the Sierra Club Loma Prieta Chapter; and WHEREAS, the City acknowledges receipt of these comments and recommends future consideration of accelerating long-term targets and goals and incorporation of all other administrative corrections and clarifications;
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council hereby adopts a resolution to adopt the Climate Action Plan Update and the Addendum to the General Plan EIR for the Climate Action Plan Update.
PASSED AND ADOPTED this day of 2022, by the following vote:
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Item # 15.
Resolution No. ____
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Wendy Wood, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
Michael Mutalipassi, City Attorney
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Item # 15.
PUBLIC DRAFT
Milpitas Climate Action Plan Update
Prepared for:
City of Milpitas
May 2022
213
Item # 15.
PUBLIC DRAFT
Milpitas Climate Action Plan Update
Prepared for:
City of Milpitas
455 E Calaveras Blvd.
Milpitas, CA 95035
Contact:
Elaine Marshall
Deputy Public Works Director, Project Lead
[email protected]
Prepared by:
Ascent Environmental
1111 Broadway, Suite 600
Oakland, CA 94607
Contact:
Hannah Kornfeld, AICP
Project Manager
— with support from —
Kearns & West
233 Sansome Street, Suite 400
San Francisco, CA 94104
May 2022 20200037.01
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Item # 15.
Acknowledgements
City Council
Rich Tran, Mayor
Carmen Montano, Vice Mayor
Evelyn Chua, Councilmember
Karina R. Dominguez, Councilmember
Anthony Phan, Councilmember
Energy and Environmental Sustainability
Commission
Patti Sexton, Chair
Marta Martinez
Manpreet Badesha
Christopher Salian
Brian Shreve
Vikash Venkataramana
Charles Lingle
Jeffrey Hogg
Richard Admana
Executive Steering Committee
Ashwini Kantak, Assistant City Manager
Walter C. Rossmann, Deputy City Manager
Charmaine D. Angelo, Public Information
Officer
Tony Ndah, Public Works Director
Steve Erickson, Engineering Director
Alex Andrade, Economic Development
Director
Ned Thomas, Planning Director
Steve Chan, Traffic Engineer
Renee Lorentzen, Recreation and
Community Services Director
Sharon Goei, Building and Housing Director
Public Works Department
Elaine Marshall, Deputy Director, CAP
Update Project Lead
Johnny Menhennet, CivicSpark Fellow
Milpitas High School Environmental
Society
Ascent Environmental
Honey Walters, Principal-in-Charge
Hannah Kornfeld, AICP, Project Manager
Sam Ruderman, Climate Change Analyst
Brenda Hom, Senior Climate Change
Specialist
Kai Lord-Farmer, Climate Adaptation Lead
Julia Wilson, Climate Adaptation Analyst
Angie Xiong, AICP, Climate Change Analyst
Phi Ngo, GIS Specialist
Gayiety Lane, Publishing Specialist
Corey Alling, Graphics Specialist
Kearns & West
Nora de Cuir, Engagement Lead
John Bowie, Engagement Support
Kim Lundgren Associates
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Item # 15.
City of Milpitas Climate Action Plan Update
Table of Contents i May 2022
Table of Contents
EXECUTIVE SUMMARY ................................................................................................ ES-1 Plan-at-a-Glance ................................................................................................. ES-5 CHAPTER 1. INTRODUCTION ........................................................................................1-1 Code Red for Climate............................................................................................ 1-2 Planning for a Sustainable Future ........................................................................... 1-4 Solutions Across Agencies ...................................................................................... 1-5 Reducing Emissions and Preparing for Changes ...................................................... 1-9 Co-Benefits......................................................................................................... 1-10 Development Process........................................................................................... 1-11 Community Input and Response ........................................................................... 1-11 How to Read This Plan......................................................................................... 1-15 CHAPTER 2. GREENHOUSE GAS EMISSIONS INVENTORY, FORECASTS & TARGETS ............2-1 Why Prepare a Greenhouse Gas Emissions Inventory? ............................................. 2-1 Community Inventories .......................................................................................... 2-2 Community Forecasts ............................................................................................ 2-7 Community Reduction Targets .............................................................................. 2-10 Community Local Emissions Gap.......................................................................... 2-11 Consumption-Based Emissions Inventory............................................................... 2-12 CHAPTER 3. MUNICIPAL OPERATIONS EMISSIONS ..........................................................3-1 Climate Action Planning for Municipal Operations ................................................... 3-1 Municipal Operations Inventories ........................................................................... 3-1 Municipal Operations Forecasts.............................................................................. 3-4 Municipal Operations Reduction Targets ................................................................. 3-6 Municipal Operations GHG Emissions Reduction Quantification Analysis................... 3-8 CHAPTER 4: GHG REDUCTION STRATEGIES AND MEASURES ...........................................4-1 Overview.............................................................................................................. 4-1 GHG Emissions Reduction Quantification Analysis ................................................... 4-2 Building Energy ..................................................................................................... 4-4 Transportation and Land Use ............................................................................... 4-10 Waste................................................................................................................. 4-19 Off-Road Vehicles and Equipment ........................................................................ 4-23 Water and Wastewater ........................................................................................ 4-26 Carbon Sinks ...................................................................................................... 4-30 Circular and Green Economy ............................................................................... 4-34 CHAPTER 5. MAKING MILPITAS CLIMATE READY .............................................................5-1 Climate Change Effects on Milpitas......................................................................... 5-1 Vulnerability Assessment Summary ......................................................................... 5-2 Climate Adaptation Strategies .............................................................................. 5-20 216
Item # 15.
City of Milpitas Climate Action Plan Update
Table of Contents ii May 2022
CHAPTER 6. IMPLEMENTATION AND MONITORING .......................................................6-1 Implementation Strategy ........................................................................................ 6-1 GHG Reduction Prioritization Matrix........................................................................ 6-5 Municipal Operations Actions............................................................................... 6-11 Adaptation Prioritization Matrix............................................................................. 6-16 California Environmental Quality Act and CAP Update........................................... 6-20 Monitoring and Updates ...................................................................................... 6-20 Ongoing Engagement ......................................................................................... 6-21 Funding Sources.................................................................................................. 6-22 CHAPTER 7. WORKS CITED ...........................................................................................7-1 Appendices
A Greenhouse Gas Emissions Inventory and Forecasts
B Greenhouse Gas Reduction Targets, Measures, and Prioritization Matrices C Resilience Plan
Figures
Figure ES-1 Milpitas Community Greenhouse Gas Emissions Reduction Measures Analysis ..ES-3 Figure ES-2 Co-Benefits................................................................................................ES-4 Figure 1-1 The Greenhouse Effect................................................................................. 1-2 Figure 1-2 Relationship between Climate Mitigation and Adaptation................................ 1-5 Figure 1-3 Co-Benefits............................................................................................... 1-10 Figure 1-4 Project Timeline......................................................................................... 1-11 Figure 1-5 Climate Action Milpitas Website Screenshot................................................. 1-14 Figure 2-1 Milpitas 2019 Community Greenhouse Gas Emissions Inventory..................... 2-5 Figure 2-2 Milpitas 2019 Community Greenhouse Gas Emissions Equivalencies............... 2-5 Figure 2-3 Comparison of Milpitas Community Greenhouse Gas Emissions Inventories .... 2-7 Figure 2-4 Milpitas Community Business-as-Usual Greenhouse Gas Emissions Forecasts .. 2-8 Figure 2-5 Milpitas Community Legislative-Adjusted Business-as-Usual Greenhouse Gas Emissions Forecasts ................................................................................... 2-10 Figure 2-6 Milpitas Community Local Emissions Gap ................................................... 2-12 Figure 2-7 Overlap Between Consumption-Based and Production-Based GHG Inventories.. 2-13 Figure 2-8 2013 Milpitas Consumption-Based Emissions Inventory by Sector and Source .... 2-16 Figure 2-9 2013 Milpitas Consumption-Based Emissions Inventory by Household........... 2-17 Figure 2-10 Comparison of Milpitas Production-Based and Consumption-Based Greenhouse Gas Emissions Inventories ....................................................... 2-18 217
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City of Milpitas Climate Action Plan Update
Table of Contents iii May 2022
Figure 3-1 Milpitas 2019 Municipal Operations Greenhouse Gas Emissions Inventory ...... 3-3 Figure 3-2 Milpitas Municipal Operations Business-as-Usual Greenhouse Gas Emissions Forecasts .................................................................................................... 3-4 Figure 3-3 Milpitas Municipal Operations Legislative-Adjusted Business-as-Usual Greenhouse Gas Emissions Forecasts ........................................................... 3-5 Figure 3-4 Milpitas Municipal Operations Local Emissions Gap....................................... 3-7 Figure 3-5 Milpitas Municipal Operations Greenhouse Gas Emissions Reduction Measures Analysis ...................................................................................................... 3-9 Figure 4-1 Milpitas Community Greenhouse Gas Emissions Reduction Measures Analysis . 4-3 Figure 4-2 Biological Carbon Sequestration Process ..................................................... 4-30 Figure 4-3 Circular Economy Systems Diagram............................................................ 4-35 Tables
Table ES-1 Increases in Extreme Heat in Milpitas ...........................................................ES-1 Table 2-1 Milpitas Community Greenhouse Gas Emissions Inventory Sectors .................. 2-3 Table 2-2 Milpitas 2019 Community Greenhouse Gas Emissions Inventory..................... 2-4 Table 2-3 Comparison of Milpitas Community Greenhouse Gas Emissions Inventories .... 2-6 Table 2-4 Legislative Reductions Summary ................................................................... 2-9 Table 2-5 Milpitas Community Legislative-Adjusted Business-as-Usual Greenhouse Gas Emissions Forecasts (MTCO2e)...................................................................... 2-9 Table 2-6 Milpitas Community Greenhouse Gas Local Emissions Gap (MTCO2e) .......... 2-11 Table 2-7 2013 Milpitas Consumption-Based Emissions Inventory by Sector and Source ... 2-15 Table 2-8 Comparison of Milpitas Greenhouse Gas Emissions Inventories (MTCO2e)..... 2-18 Table 3-1 Milpitas Municipal Operations Greenhouse Gas Emissions Inventory Sectors.... 3-2 Table 3-2 Milpitas 2015 and 2019 Municipal Operations Greenhouse Gas Emissions Inventories .................................................................................................. 3-3 Table 3-3 Milpitas Municipal Operations Legislative-Adjusted Business-as-Usual Greenhouse Gas Emissions Forecasts (MTCO2e)............................................ 3-6 Table 3-4 Milpitas Municipal Operations Greenhouse Gas Emissions Quantification Analysis (MTCO2e) ...................................................................................... 3-8 Table 4-1 Milpitas Community Greenhouse Gas Emissions Quantification Analysis (MTCO2e)................................................................................................... 4-2 218
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City of Milpitas Climate Action Plan Update
Table of Contents iv May 2022
Table 5-1 Changes in Average Annual Temperatures and Increases in Extreme Heat in Milpitas ...................................................................................................... 5-4 Table 5-2 Changes in Average Annual Precipitation and Increases in Large Storm Events in Milpitas......................................................................................... 5-5 Table 5-3 Potential Impacts and Adaptive Capacity Rating Criteria................................. 5-9 Table 5-4 Vulnerability Scoring Rubric........................................................................ 5-10 Table 5-5 Population Vulnerability Scoring ................................................................. 5-12 Table 5-6 Transportation System Vulnerability Scoring................................................. 5-14 Table 5-7 Energy Vulnerability Scoring....................................................................... 5-16 Table 5-8 Water Vulnerability Scoring ........................................................................ 5-18 Table 5-9 Emergency Services Vulnerability Scoring .................................................... 5-20 Table 6-1 Funding Opportunities for Implementation .................................................. 6-22 219
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City of Milpitas Climate Action Plan Update
List of Abbreviations v May 2022
List of Abbreviations
°C degrees Celsius
°F degrees Fahrenheit
2008 Scoping Plan Climate Change Scoping Plan: A Framework for Change 2017 Scoping Plan California’s 2017 Climate Change Scoping Plan Update AB Assembly Bill
BAU “business-as-usual”
Bay Area San Francisco Bay Area
BayCAN Bay Area Climate Adaptation Network
BayREN Bay Area Regional Energy Network
CAP Update Climate Action Plan Update
CAP Climate Action Plan
CARB California Air Resources Board
CBEI “consumption-based” emissions inventory
CEQA California Environmental Quality Act
CH4 methane
city City of Milpitas
CNRA California Natural Resources Agency
CO carbon monoxide
CO2 carbon dioxide
CO2e carbon dioxide equivalent
Community Protocol U.S. Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions
Delta Sacramento-San Joaquin River Delta
EO Executive Order
EOP City of Milpitas Emergency Operations Plan
GHG greenhouse gas
GWP global warming potential
ICLEI ICLEI – Local Governments for Sustainability
IPCC Intergovernmental Panel on Climate Change
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City of Milpitas Climate Action Plan Update
List of Abbreviations vi May 2022
LGOP Local Government Operations Protocol for the Quantification and Reporting of Greenhouse Gas Emissions Inventories
Milpitas OES Milpitas Emergency Services
MTC/ABAG Metropolitan Transportation Commission/Association of Bay Area Governments
MTCO2e metric tons of CO2e
N2O nitrous oxide
NOX oxides of nitrogen
OAHMP Operational Area Hazard Mitigation Plan
OPR California Governor’s Office of Planning and Research PG&E Pacific Gas and Electric
PM particulate matter
ppm parts per million
PSPS power shutoff events
RCP Representative Concentration Pathway
RWF San Jose-Santa Clara Regional Wastewater Facility
SB Senate Bill
SCVWD Santa Clara Valley Water District
SFPUC San Francisco Public Utilities Commission
SVCE Silicon Valley Clean Energy
UC Berkeley University of California, Berkeley
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ES-1 May 2022
Executive Summary
The City of Milpitas lies in the northeastern corner of the Santa Clara Valley, 45 miles south of San Francisco. Set within a warm Mediterranean climate zone, Milpitas has historically enjoyed warm, sunny weather with few extreme temperatures. Before the arrival of the Spanish in the late 1700s, this attractive climate supported the native Tamien population for thousands of years. The city is now home to just over 80,000 residents – up from 66,790 in 2010 – and serves as a vital hub for the region’s tech economy.
In the context of the worsening climate crisis, however, Milpitas’s favorable climate is increasingly under threat. At a regional level, average annual temperatures in the San Francisco Bay Area region are projected to increase significantly by mid-century under multiple greenhouse gas (GHG) emissions scenarios, leading to increased frequency and duration of heatwaves. This is demonstrated in Table ES-1. Increasingly variable and volatile precipitation patterns and events are projected to result in more frequent and intense droughts. Combined with accelerated sea-level rise, these changes are expected to adversely impact transportation infrastructure, energy systems, human health and safety, and economic prosperity in the region.
Table ES-1 Increases in Extreme Heat in Milpitas
Average Annual
Historic Average
Annual
(1961-1990)
Mid-Century
(2035-2064)
End of Century
(2070-2099)
Medium
Emissions
High
Emissions
Medium
Emissions
High
Emissions
Number of Extreme Heat Days 4 17 15 20 38
Number of Heat Waves 1 1 1.4 1.3 3.2
Notes: °F = degrees Fahrenheit; Extreme Heat Day = Maximum daily temperature of 91.6 °F; Heat Waves = four or more consecutive extreme heat days.
Source: CEC 2021a; CEC 2021b.
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City of Milpitas Climate Action Plan Update
Executive Summary ES -2 May 2022
While climate change is a global issue, local governments have an essential role in reducing GHG emissions and preparing for the impacts of climate change in their communities. The City of Milpitas has a longstanding commitment to enhancing community resilience and promoting sustainability. In 2013, the City adopted a Climate Action Plan (CAP) to create a more sustainable community by reducing GHG emissions. In 2018, the City achieved a historic milestone when nearly all residents and businesses in the city (97 percent) began receiving carbon-free electricity from Silicon Valley Clean Energy (SVCE). To date, the City has implemented over half of the actions directed by the CAP, while undertaking additional initiatives to further reduce GHG emissions from food waste and transportation while improving water security and increasing urban green space.
The City’s efforts have allowed the community to reduce its contributions to climate change while preparing for impacts. However, the acceleration of global and regional climate change rapidly presents unprecedented risks to safety, quality of life, and prosperity in the city. April 4, 2022, the Intergovernmental Panel on Climate Change’s (IPCC’s) Report Climate Change 2022:
Mitigation of Climate Change was released and sounded the alarm that the world was not on track to meet climate change commitments. It also emphasized that technology exists to turn the tide and to do so the world must decarbonize and move away quickly from fossil fuels.
In response to these risks and to accelerate local action, the City has developed this Climate Action Plan Update (CAP Update) to serve as a comprehensive roadmap to continue addressing the challenges of climate change. The CAP Update forms a crucial element of ongoing City and regional climate change planning efforts, including updating the City’s General Plan, Transit Area Specific Plan, and the 2017 Santa Clara County Operational Area Hazard Mitigation Plan.
The CAP Update is consistent with and complementary to State climate legislation and regulatory mandates and aligns with the State’s and the region’s approach to addressing climate change at the local level. The CAP Update also includes actions that the City should take to emissions from its municipal operations. This ensures that the City continues to lead by example and bring more visibility to key climate actions.
The CAP Update is the product of extensive and ongoing engagement with residents, businesses, local government, and other organizations and stakeholders. The City hosted public workshops to engage residents, stakeholders, and other interested organizations and individuals and provide an opportunity to participate in the CAP Update planning process. These extensive community engagement efforts have resulted in locally based and context-specific strategies, measures, and actions designed to achieve the City’s climate objectives while simultaneously enhancing the quality of life for Milpitas’s residents, workers, and visitors.
The CAP Update has two overarching objectives: (1) to reduce GHG emissions from local activities to achieve GHG reduction targets and (2) to build community resilience to prepare for and adapt to the impacts of climate change. Figure ES-1 shows the community emissions by sector for 2019 and the GHG reductions to be achieved by CAP Update measures. Figure ES-1 displays the City’s achievement of the 2030 target with the GHG reduction measures and demonstrates progress toward the City’s target of achieving carbon neutrality by 2045. 223
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City of Milpitas Climate Action Plan Update
Executive Summary ES -3 May 2022
Figure ES-1 Milpitas Community Greenhouse Gas Emissions Reduction Measures Analysis Source: Ascent Environmental 2021.
In addition to reducing GHG emissions, it is equally important for communities to prepare for the impacts of climate change and improve resilience through adaptation planning. As part of the development of the CAP Update, a climate change vulnerability assessment was developed to understand which hazards are going to be most affected by climate change, as well as what the potential impacts of their worsening hazards may be. The results of the vulnerability assessment were then used to develop and prioritize a set of adaptation strategies for the CAP Update.
While the CAP Update is primarily geared towards reducing GHG emissions and addressing climate change-related vulnerabilities within the city, it will also result in numerous “co-benefits” to residents and businesses. Co-benefits result from the implementation of CAP actions and are additional valuable outcomes that are not the primary intent of climate change mitigation or adaptation actions, such as improvements to local air quality and water supply, increases in local green jobs and cost savings, and benefits to public health and improved mobility options (Figure ES-2). For example, implementation of an action to weatherize older buildings to improve energy efficiency will reduce GHG emissions and strengthen resilience to extreme weather conditions, but it will also provide the co-benefit of financial savings to building owners through reduced energy costs.
2019 2030 2040 2045
0 50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
500,000
GHG Emissions (MTCO2e)
Building Energy On-Road Transportation
Off-Road Vehicles Solid Waste
Water Supply and Wastewater Treatment Total with Carbon Sequestration Target Annual Emissions
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City of Milpitas Climate Action Plan Update
Executive Summary ES -4 May 2022
Figure ES-2 Co-Benefits
Source: Ascent Environmental 2021.
The climate change mitigation and adaptation strategies are organized into seven sectors:
building energy, transportation and land use, waste, off-road vehicles and equipment, water and wastewater, carbon sinks, and circular and green economy. Each sector presents strategies that serve as the foundation for reducing GHG emissions in the city. CAP strategies are outlined in the Plan-at-a-Glance section below.
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Milpitas Climate Action Plan Update
Executive Summary ES-5 May 2022
Plan-at-a-Glance
The following tables provide a summary of the strategies and measures developed for each of the seven focus areas for GHG mitigation and the six focus areas for climate adaptation. For GHG mitigation measures, the range of GHG reduction potential on a scale of low to high is included. For climate adaptation measures, the range of climate resilience benefits is included on a scale of low to high. Additional details regarding the strategies and measures are provided in Chapter 4 and Chapter 5 for GHG mitigation and adaptation, respectively, and specific implementation actions are presented in Chapter 6.
MITIGATION
STRATEGY MEASURES GHG REDUCTION
POTENTIAL
BUILDING ENERGY
BE-1
Shift to Clean
and Reliable
Energy
Measure BE-1.1: Achieve 100 percent carbon-free electricity by 2030 in all existing and new development.
Measure BE-1.2: Facilitate innovative approaches to energy generation, distribution, and storage (e.g., microgrids).
Measure BE-1.3: Strengthen community awareness of energy efficiency, energy conservation, electrification, and clean energy.
BE-2
Maximize
Building
Decarbonization
and Efficiency
Measure BE-2.1: Adopt updated "reach" building codes with each building and energy code cycle to accelerate all-electric new development.
Measure BE-2.2: Facilitate all-electric development projects for industrial buildings.
Measure BE-2.3: Expand the City's Green Building Program.
Measure BE-2.4: Retrofit existing residential and nonresidential buildings and municipal facilities to improve energy efficiency and facilitate fuel switching.
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Executive Summary ES-6 May 2022
MITIGATION
STRATEGY MEASURES GHG REDUCTION
POTENTIAL
Measure BE-2.5: Facilitate energy audits for existing buildings to identify energy efficiency retrofit and electrification opportunities.
Measure BE-2.6: Reduce plug loads in existing buildings.
TRANSPORTATION AND LAND USE
TR-1
Facilitate
Sustainable
Transportation
and Land Use
Planning
Measure TR-1.1: Reduce VMT from new development in
compliance with SB 743.
Measure TR-1.2: Reduce VMT from existing development.
Measure TR-1.3: Continue to implement and adopt policies that support high-density, mixed-use, and transit-oriented
development and housing near jobs.
Measure TR-1.4: Explore car-free zones or shared streets in appropriate areas.
TR-2
Decarbonize
Vehicles
Measure TR-2.1: Increase EV charging infrastructure.
Measure TR-2.2: Increase EV and low-carbon vehicle adoption.
Measure TR-2.3: Reduce vehicle idling.
Measure TR-2.4: Reduce the amount of parking such that it meets the needs of residents, workers, and visitors in a way that is consistent with the City's sustainability goals.
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Executive Summary ES-7 May 2022
MITIGATION
STRATEGY MEASURES GHG REDUCTION
POTENTIAL
TR-3
Increase Active
and Public
Transportation
Use
Measure TR-3.1: Enhance and expand transit facilities and infrastructure.
Measure TR-3.2: Increase transit ridership.
Measure TR-3.3: Improve active transportation options.
WASTE
SW-1
Achieve Zero
Waste
Measure SW-1.1: Eliminate the disposal of organic solid waste in landfills.
Measure SW-1.2: Increase recycling and the diversion of other inorganic solid waste.
Measure SW-1.3: Reduce the generation of waste from
residents and businesses.
Measure SW-1.4: Reduce the generation of construction and demolition waste.
Measure SW-1.5: Facilitate repair and reuse of consumer products.
OFF-ROAD VEHICLES AND EQUIPMENT
OT-1
Shift to Clean
Off-Road
Equipment and
Vehicles
Measure OT-1.1: Reduce landscaping-related emissions.
Measure OT-1.2: Reduce construction-related emissions.
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Executive Summary ES-8 May 2022
MITIGATION
STRATEGY MEASURES GHG REDUCTION
POTENTIAL
WATER AND WASTEWATER
WA-1
Promote
Resilient Water
Supply, Water
Use, and Water
Resources
Measure WA-1.1: Reduce indoor water consumption in
buildings.
Measure WA-1.2: Reduce water consumption for irrigation and landscaping.
Measure WA-1.3: Increase the use of recycled water and
support efforts to drought-proof our water supply.
CARBON SINKS
CS-1
Resilient
Infrastructure
and Healthy
Forest and
Natural Systems
Measure CS-1.1: Protect native trees and vegetation and enhance carbon sequestration.
Measure CS-1.2: Reduce the urban heat island effect to
conserve energy.
Measure CS-1.3: Increase the use of green infrastructure.
Measure CS-1.4: Increase soil carbon content.
Measure CS-1.5: Use low-carbon and carbon sequestering
construction materials in new development.
CIRCULAR AND GREEN ECONOMY
GE-1
Foster Green
and Sustainable
Economic
Development
Opportunities
Measure GE-1.1: Support and attract clean technology
businesses and green jobs in Milpitas.
Measure GE-1.2: Incentivize and promote green business
practices.
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Executive Summary ES-9 May 2022
MITIGATION
STRATEGY MEASURES GHG REDUCTION
POTENTIAL
CG-2
Support Circular
Economy
Policies
Measure GE-2.1: Engage with circular economy and zero waste policymaking at the Federal, State, and local levels.
ADAPTATION
STRATEGY MEASURES CLIMATE RESILIENCE
BENEFIT
1. Resilient
Communities
and Equity and
Environmental
Justice
Measure 1.1: Increase community resilience to impacts from air pollution.
Measure 1.2: Increase community resilience to respond to a recover from widespread health emergencies.
Measure 1.3: Protect populations vulnerable to extreme heat.
Measure 1.4: Increase community awareness of climate change.
Measure 1.5: Ensure that climate impacts and climate adaptation measures aimed at reducing climate risks to not lead to disproportionally adverse effects on vulnerable populations.
Measure 1.6: Improve mobility and ensure basic needs are met for vulnerable populations.
Measure 1.7: Ensure completeness and availability of emergency supplies and resources to all segments of the population, focusing especially on vulnerable populations and individuals.
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ADAPTATION
STRATEGY MEASURES CLIMATE RESILIENCE
BENEFIT
2. Resilient
Transportation
Systems and
Resilient Energy
Resources
Measure 2.1: Integrate climate change considerations in all transportation agency planning and decision-making processes.
Measure 2.2: Reduce local flooding impacts to transportation infrastructure.
Measure 2.3: Increase the resilience of existing residential and commercial development through energy efficiency upgrades and onsite energy generation and storage.
Measure 2.4: Minimize stress on the electrical grid and increase the resilience of existing residential and commercial development through energy efficiency upgrades and onsite energy generation and storage.
Measure 2.5: Protect critical energy and telecommunications infrastructure and systems from climate change.
3. Reduced
Flooding
Measure 3.1: Minimize risks to life and property resulting from flooding and flood-induced hazards.
Measure 3.2: Evaluate proposed development in areas of the city subject to flooding impacts caused by rising sea levels.
Measure 3.3: Maintain up-to-date flood risk and hazard data.
4. Robust
Emergency
Services and
Improved
Disaster
Recovery
Measure 4.1: Ensure that emergency services have adequate capacity to address increased demand due to climate change-related impacts.
Measure 4.2: Develop programs to improve efficiency and equity of disaster recovery.
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Executive Summary ES-11 May 2022
ADAPTATION
STRATEGY MEASURES CLIMATE RESILIENCE
BENEFIT
5. Reduced
Urban Heat
Island Effect and
Resilient Water
Resources
Measure 5.1: Reduce urban heat island effect through cool roofs, parking lot shading, landscaping, and urban greening in new and existing private and public development.
Measure 5.2: Advocate for drought-proof water supplies including recycled water systems or indirect potable recharge.
6. Integrated
Resilience
Planning and
Improved
Biodiversity and
Habitat
Measure 6.1: Embed climate resiliency and adaptation across planning efforts.
Measure 6.2: Integrate findings of climate vulnerability into all phases of emergency planning.
Measure 6.3: Prioritize nature-based solutions to improve resilience while promoting biodiversity.
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Milpitas Climate Action Plan Update
Executive Summary ES-12 May 2022
MUNICIPAL OPERATIONS
STRATEGY MEASURES GHG REDUCTION
POTENTIAL
Employee Commute
MEC-1.
Sustainable
Employee
Commutes
Measure MEC-1.1: Reduce employee commute VMT and support lowcarbon alternatives.
Vehicle Fleet
MVF-1. Zeroand LowEmission Fleet
Vehicles and
Equipment
Measure MVF-1.1: Convert the City’s fleet vehicles and equipment to allelectric or alternative fuels, such as renewable diesel.
Buildings and Public Lighting
MBL-1. Clean
Energy
Measure MBL-1.1: Continue to use SVCE-supplied 100 percent renewable electricity.
Measure MBL-1.2: Transition to 100 percent clean energy for municipal operations.
MBL-2. Energy
Efficiency and
Conservation
Measure MBL-2.1: Reduce lighting-related energy consumption.
Measure MBL-2.2: Increase energy efficiency.
Measure MBL-2.3: Implement conservation best practices to reduce energy use.
MBL-3.
Electrification
Measure MBL-3.1: Transition municipal buildings and facilities to be allelectric. 233
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Executive Summary ES-13 May 2022
MUNICIPAL OPERATIONS
STRATEGY MEASURES GHG REDUCTION
POTENTIAL
Solid Waste
MSW-1. Zero
Waste
Measure MSW-1.1: Increase waste diversion and achieve zero waste by 2030.
MSW-2.
Responsible
Consumption
Measure MSW-2.1: Implement an environmentally preferable purchasing policy.
Water
MWA-1. Water
Efficiency and
Conservation
Measure MWA-1.1: Reduce municipal water consumption.
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Executive Summary ES-14 May 2022
The Plan-at-a-Glance summary of the strategies and measures for GHG mitigation and climate adaptation provides a highlevel overview of the scope of the CAP Update. Within these strategies and measures are specific implementation actions, which are presented in Chapter 6. The actions included in Chapter 6 are those considered “near-term” for implementation (i.e., will be implemented within the next 3-5 years). These 28 actions are further prioritized into which actions will be implemented within the first 18 months after CAP Update adoption. These immediate actions were considered during a City Council Study Session in April 2022 and are shown in the table below, as well as in Chapter 6.
ACTIONS
Adopt an updated reach code for all electric new construction and increase EV charging station standards beyond State requirements. (BE-2.1.1 and TR-2.1.2)
Promote benefits and incentives for clean energy, improved energy efficiency, and electrification of existing buildings. (BE-1.3.2 and BE-2.4.1)
Enforce the City's requirements for SB 743 and continuously Update VMT Policy and Implementation Tools to further reduce VMT (TR-1.1.1)
Incorporate Sustainable Design Measures and incentives into the City's new Zoning Ordinance Update (BE-2.3.1 and TR-1.3.1) Improve awareness of incentives for low- and zero-emission vehicles and increase EV purchases in Milpitas (TR-2.2.1) Implement the Milpitas OnDemand "hub-and-spoke" micro-transit pilot program (TR-3.1.1) Implement the updated Trail, Pedestrian, and Bicycle Master Plan to enhance and expand bicycle and pedestrian infrastructure and networks (TR-3.3.5)
Implement and enforce the requirements of SB 1383 and eliminate disposal of compostable organic materials to landfills (SW-1.1.1) Based on the recommendations from the City's Urban Forestry Management Plan, implement a tree planting program to expand the city's urban forest canopy (CS-1.1.1 and CS-1.1.2)
Work with partners offer courses/training that prepare students/workers for green jobs (GE-1.1.1)
MUNICIPAL OPERATIONS ACTIONS
Install EV charging and alternative fuel stations at appropriate City sites (MVF-1.1.1) Update the City’s Green Fleet Policy to convert the City’s non-specialized fleet to all electric and identify alternative fuel options for other vehicles and equipment (MVF-1.1.3)
Pursue funding to expand solar and back up battery systems to other City facilities such as PW/PD, City Hall, Sports Center (MBL-1.2.2)
Inventory and develop strategy to retrofit existing municipal buildings and facilities to be all-electric (MBL-3.1.2) Enhance and expand waste reduction policies and programs for City facilities (MSW-1.1.1 and MSW-2.1.3) Use resource efficient landscaping techniques in new or renovated medians and parks (MWA-1.1.4) 235
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Introduction
The City of Milpitas (hereafter referred to as “city”) has a longstanding commitment to enhancing community resilience and promoting sustainability. Recognizing the threats posed by climate change and the responsibility to act, the City of Milpitas government (hereafter referred to as “City”) developed its first Climate Action Plan (CAP) in 2013 to reduce locally generated greenhouse gas (GHG) emissions. Over half of the actions directed by the CAP have been implemented since its adoption, and the City has undertaken a multitude of additional initiatives to further reduce GHG emissions from local activities. The City achieved a historic milestone in 2018 when nearly all residents and businesses in the city began receiving carbon-free electricity from Silicon Valley Clean Energy (SVCE). Additionally, the City launched a communitywide organics and food scraps diversion program; updated the Milpitas Trail, Pedestrian, and Bicycle Master Plan; developed its innovative Milpitas OnDemand pilot project; and adopted plans and guidelines to improve water security and increase urban green space. These efforts have allowed the community to reduce its contributions to climate change while preparing for impacts, but the acceleration of global climate change is rapidly presenting unprecedented risks to safety, quality of life, and prosperity in the city.
In response to these risks, the City has developed this Climate Action Plan Update (CAP Update) to serve as a comprehensive roadmap to continue addressing the challenges of climate change.
The overarching objectives of the CAP Update are two-fold: (1) to reduce GHG emissions from local activities to achieve GHG reduction targets and (2) to build community resilience to prepare for and adapt to the impacts of climate change. The CAP Update establishes locally based strategies, measures, and actions that will serve to achieve these objectives and simultaneously enhance the quality of life for residents, workers, and visitors of the city. The CAP Update is consistent with and complementary to State climate legislation and regulatory mandates and aligns with the State’s and the region’s approach to addressing climate change at the local level in communities across California.
Mission Peak
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Code Red for Climate
Immediately after the August 2021 release of the Intergovernmental Panel on Climate Change (IPCC) Sixth Assessment Report—the IPCC’s most recent, comprehensive report outlining the scientific community’s latest information on climate change, its causes, and potential impacts— the United Nations Secretary-General António Guterres issued a statement. For his opening remark, he declared, "[the] Report is a code red for humanity. The alarm bells are deafening, and the evidence is irrefutable: greenhouse gas emissions from fossil fuel burning and deforestation are choking our planet and putting billions of people at immediate risk. Global heating is affecting every region on Earth, with many of the changes becoming irreversible." The combustion of fossil fuels and other anthropogenic (i.e., human-caused) activities since the Industrial Revolution in the 19th century have introduced GHGs into the atmosphere at an increasingly accelerated rate. These significantly elevated levels of GHGs above natural ambient concentrations have intensified the greenhouse effect. This phenomenon, illustrated in Figure 1-1 below, is a natural process that insulates the Earth and helps regulate its temperature. After absorbing sunlight, the Earth emits infrared radiation (i.e., heat), which is reabsorbed by a collection of naturally occurring atmospheric gases called GHGs. These gases, which consist mainly of water vapor, carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O), all act as effective global insulators by absorbing some of the infrared radiation that is emitted by Earth and re-emitting it back down towards the planet. This process, where some heat is prevented from escaping out of the atmosphere, is what keeps temperatures on Earth conducive to life.
Figure 1-1 The Greenhouse Effect
Source: Ascent Environmental 2021.
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The greenhouse effect supports life on Earth as we know it, but it is also responsible for causing the planet’s climate to warm at an unnatural and unprecedented rate, an impact known as global climate change. This consequence is the driver behind changes in more extreme weather patterns, rapid melting of the polar ice caps, an increase in sea level, and other impacts on biological resources and humans.
According to the Sixth Assessment Report, there is scientific consensus that observed increases in atmospheric GHG concentrations and the consequential warming of Earth’s atmosphere, oceans, and lands have “unequivocally” been caused by human activities and influence. The report states that human activities are estimated to have caused over 2 degrees Fahrenheit (°F) of warming across the globe compared to pre-industrial era levels (i.e., before the year 1900), and global average temperature is expected to increase by up to approximately 8 °F by the end of the century unless additional efforts to reduce GHG emissions are made (IPCC 2021). The Sixth Assessment Report also contains the IPCC’s strongest warnings to date on the impacts of climate change, highlighting key insights into the importance of global climate “tipping points,” or thresholds (e.g., global temperatures) that, when exceeded, can result in large changes in the state of the climate system leading to a rapid series of cascading events with vast repercussions.
As California continues to experience rising average temperatures, more severe storms, and intense drought, it has become evident that the effects of global climate change are already occurring. The impacts of climate change in California vary across the state due to its diverse biophysical setting, climate, and community characteristics, but even modest changes in temperature and precipitation regimes could have significant effects on the state’s ecosystems (OPR, CEC, and CNRA 2018a). At a regional level, average annual temperature in the San Francisco Bay Area region is projected to increase significantly by mid-century, and precipitation patterns and events are expected to exhibit high year-to-year variability, with volatile swings between very wet years and very dry years. These changes are anticipated to result in increased frequency and duration of heat waves, more frequent and intense drought, and accelerated sea level rise, resulting in adverse impacts on transportation infrastructure, energy systems, human health and safety, and economic prosperity in the region (OPR, CEC, and CNRA 2018b).
Climate change poses an imminent threat to the city and the world at large, but it is not too late for the global community to put the brakes on climate change and ensure a livable, healthy, and prosperous planet for generations to come. After outlining the dire consequences projected due to climate change, the Secretary-General ended his statement with the following:
If we combine forces now, we can avert climate catastrophe. But, as today’s report makes clear, there is no time for delay and no room for excuses. I count on government leaders and all stakeholders to ensure COP261 is a success. 1 The 2021 United Nations Climate Change Conference, also known as COP26, is the 26th United Nations Climate Change conference. The COP26 summit will bring together almost every country on Earth to accelerate action towards the goals of the Paris Agreement and the United Nations Framework Convention on Climate Change.
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Planning for a Sustainable Future
While climate change is a global issue, local governments have an important role to play in reducing GHG emissions and preparing for the impacts of climate change in their communities.
To help achieve these objectives, public agencies develop action plans, which serve as long-term strategic planning frameworks that outline specific strategies, measures, and actions an agency can take to mitigate GHG emissions and strengthen resilience to climate change. CAPs also contain specific guidance for governments to effectively implement emissions reduction and adaptation measures and monitor progress over time. Through the development and implementation of its CAP Update, the City is joining hundreds of other communities across the nation in tackling the challenges posed by climate change.
Climate Change Mitigation and Adaptation
Addressing climate change requires an
integrated approach that targets both its
sources and impacts. Efforts that focus on
reducing the sources of climate change
are commonly known as climate change
mitigation, GHG mitigation, or climate
action. The focus of climate change
mitigation planning is to reduce
communities’ generation of GHG
emissions and, therefore, minimize their
contributions to climate change. Climate
change adaptation or climate change
resilience efforts are those that serve to
prepare for and reduce harm from future
effects of a changing climate. Climate change adaptation planning aims to analyze local climaterelated vulnerabilities and enhance community resilience to climate change through developing strategies to respond to and prepare for its impacts. Figure 1-2 illustrates the relationship between these two facets of climate change planning. State law requires communities to address climate change mitigation in local planning and environmental review processes and climate change adaptation in local long-range planning processes, such as general plans (CalOES 2020).
Climate change mitigation and adaptation are both crucial components of comprehensive climate change planning. While mitigation and adaptation are often separate planning efforts, it is important to consider both components within the overall climate action planning process.
Many initiatives that focus on climate mitigation and reducing GHG emissions include cobenefits for adaptation, and vice versa. For example, renewable energy installations combined with battery storage systems will reduce reliance on fossil fuel-generated grid electricity and thus reducing GHG emissions, but will also improve energy independence and resilience in the face of climate hazards that threaten energy services. Consequently, this initiative would yield adaptation benefits as well as GHG emissions reductions. On the flip side, increasing urban tree canopy will help to combat extreme heat events and decrease risks to humans of heat-related Aerial View of Milpitas
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illnesses, but will also reduce buildings’ cooling demands and thus reduce GHG emissions through energy savings. This dynamic has contributed to the increasingly common approach of combining climate change mitigation and adaptation in the climate action planning process.
Recognizing the importance and benefits of this relationship, the City’s CAP Update focuses on both climate change mitigation and adaptation to address climate change.
Figure 1-2 Relationship between Climate Mitigation and Adaptation Source: CalOES 2020; adapted by Ascent Environmental in 2021.
Solutions Across Agencies
In response to the increase in anthropogenic GHG emissions and the threat of global climate change, federal, State, regional, and local governments and other agencies have already taken several steps to reduce GHG emissions and build resilience to climate change impacts. These efforts, and the legislative background summarized in the following sections, provide important policy direction and context for this CAP Update.
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California Climate Legislation
Mitigation Legislation
Executive Order (EO) S-3-05 was signed in 2005, which directed California to reduce statewide GHG emissions to 1990 levels by 2020 and 80 percent below 1990 levels by 2050. A year later, the Global Warming Solutions Act of 2006 (Assembly Bill [AB] 32) was passed, establishing regulatory, reporting, and market mechanisms to achieve quantifiable reductions in GHG emissions. AB 32 put a cap on GHGs and set a target of reducing statewide emissions to 1990 levels by 2020. In 2008, the California Air Resources Board (CARB) developed the Climate Change Scoping Plan: A Framework for Change (2008 Scoping Plan) as part of its role in implementing AB 32 and EO S-3-05 (CARB 2008). The 2008 Scoping Plan, along with its update in 2014, describes the approach California will take to reduce GHG emissions to achieve reduction targets and goals. In 2016, California achieved the AB 32 target of reducing GHG emissions to 1990 levels, 4 years ahead of schedule, based on its reported statewide 2016 inventory (CARB 2020). The annual statewide GHG inventories for 2017, 2018, and 2019 have shown that the state continues to achieve the AB 32 target.
In September 2016, Senate Bill (SB) 32 codified into statute the midterm 2030 target of 40 percent below 1990 levels by 2030. The 2030 GHG emissions reduction target places California on a trajectory toward meeting the goal of reducing statewide emissions to 80 percent below 1990 levels by 2050.
In November 2017, CARB published California’s 2017 Climate Change Scoping Plan Update (2017 Scoping Plan) (CARB 2017), which lays out the framework for achieving the 2030 target as established in SB 32. The 2017 Scoping Plan identifies GHG reductions by emissions sector to achieve a statewide emissions level that is 40 percent below 1990 levels by 2030.
EO B-55-18, signed in September 2018, furthers California’s efforts to reduce GHG emissions by setting a goal to achieve carbon neutrality no later than 2045 and to achieve net negative GHG emissions thereafter. CARB is currently drafting the 2022 Scoping Plan that will lay out the pathway to meeting the carbon neutrality goal.
Adaptation Legislation
In 2009, the State released its first climate adaptation strategy, Safeguarding California. The passing of AB 1482 in 2015 required the California Natural Resources Agency (CNRA) to update the State’s climate adaptation strategy by July 1, 2017, and every 3 years thereafter. The most recent update of the strategy, now called the Safeguarding California Plan, contains implementation measures and specific actions and responsibilities for State agencies to carry out those policies. AB 1482 also required CNRA, in collaboration with the Strategic Growth Council, to oversee and coordinate these State agency adaptation actions. It mandated that State agencies maximize specified objectives, including promoting the use of Safeguarding California to inform planning decisions and ensure that State investments consider climate change impacts.
SB 246, signed in 2015, directed the California Governor’s Office of Planning and Research (OPR) to establish the Integrated Climate Adaptation and Resilience Program. The program has two components: the State Adaptation Clearinghouse and the Technical Advisory Council. The 241
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goal of these initiatives is to coordinate regional and local efforts with State climate adaptation strategies to improve resilience to the impacts of climate change across California. This bill also required OPR to review and update, as needed, the California Adaptation Planning Guide.
Also adopted in 2015, SB 379 required cities and counties within California to integrate climate change vulnerability, adaptation strategies, and emergency response strategies into the safety element of their general plans. The bill requires the preparation of a vulnerability assessment, which must identify the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, using federal, state, regional, and local climate vulnerability documentation. Adaptation policies, goals, and objectives are to be developed based on findings from the vulnerability assessment, and jurisdictions are required to create a set of feasible implementation measures to reduce climate change impacts on new or proposed land uses. Lastly, SB 379 states that jurisdictions that have adopted a CAP or climate adaptation plan separate from the general plan may reference that document to comply with SB 379 requirements.
Regional and Local Climate Planning Efforts
The City has a longstanding commitment to climate planning at the local level through the development, implementation, and
periodic updating of planning
documents, partnerships with other
agencies and stakeholders, and
outreach and educational efforts.
These activities provide the
foundation for sustainability
activities occurring at the municipal
and communitywide levels and are
complementary to the CAP Update.
Some of the major efforts that
provide context for and support this
CAP are described below.
2013 Climate Action Plan
In 2013, the City adopted its first CAP, which was developed to serve as a roadmap for meeting a GHG emissions reduction target of 15 percent below 2005 baseline emissions by 2020, consistent with State targets. The CAP included a GHG emissions inventory, forecasted emissions in the future, and identified strategies and measures for reducing local GHG emissions. Additionally, the CAP was designed to streamline environmental review of future development projects in the city. Since its adoption, over half of the GHG mitigation measures included in the CAP have been implemented, resulting in significant GHG emissions reductions.
Earth Day Booth
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Milpitas 2040 General Plan Update
Following a multi-year process that involved extensive community outreach, the City adopted its General Plan 2040 in 2021. The General Plan 2040 provides the long-term vision and policy direction guidance for residents, city staff, decision-makers, and the broader community. The General Plan 2040 serves as the foundation for most City regulatory documents and addresses land use, circulation, community design, economic development, conservation and sustainability, utilities and community services, safety, noise, parks and recreation, and community health and wellness. The Conservation and Sustainability Element includes Goal CON-1: Climate Action, which contains climate change-related policies and actions, including a directive to develop this CAP Update. The Safety Element provides information pertaining to the natural hazards that have historically affected the city including earthquakes, flooding, and hillside wildfire, as well as climate resiliency and adaptation policies consistent with SB 379.
Specific Plans
The City regularly develops and updates its specific plans, which are comprehensive planning and zoning documents for a defined geographic region that implement the goals and policies of the City’s General Plan. The City is in the process of developing the Milpitas Metro Specific Plan to serve as an update to the Transit Area Specific Plan, which will guide the redevelopment of an approximately 437-acre area in the southern portion of the City that currently includes a number of industrial uses near the Great Mall shopping center. The Milpitas Midtown Specific Plan, released in 2010, provides the vision for an approximately 1,000-acre area of land which is currently undergoing changes related to its growing role as a housing and employment center in Silicon Valley. The City is beginning the process of updating this document through the development of a new Main Street-Gateway Specific Plan.
Santa Clara Operational Area Hazard Mitigation Plan
The County of Santa Clara Office of Emergency Services updated its Operational Area Hazard Mitigation Plan (OAHMP) in 2017. The OAHMP is intended to enhance public awareness and understanding, create a decision tool for management, promote compliance with State and federal program requirements, enhance local policies for hazard mitigation, provide interjurisdictional coordination of mitigation-related programming, and achieve regulatory compliance. The OAHMP update includes an assessment of risk and vulnerability associated with hazards including wildfire/structure fires, flooding, coastal storms/erosion/tsunamis, earthquakes/liquefaction, rain-induced landslides, dam failures, drought, hazardous materials incidents, terrorism, and emerging risks from climate change. The OAHMP specifically targets climate change resiliency as a component of emergency preparedness.
Partnerships and Collaboration
Strategic partnerships and active collaboration with regional agencies and organizations have been a key component to the City’s success in reducing GHG emissions and improving climate resilience. The City’s partnership with SVCE—a public, not-for profit community choice energy provider that was formed to serve the communities of Silicon Valley—has contributed to 243
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significant emissions reductions since the community began receiving clean electricity in 2018.
The City has also supported a number of SVCE-led regional efforts, such as the Building Decarbonization Joint Action Plan and Electric Vehicle Infrastructure Joint Action Plan. The City also participates in the Bay Area Regional Energy Network (BayREN), a regional collaborative that provides energy efficiency programs, services, and resources to members. Collaboration with many other agencies and organizations, such as the County of Santa Clara Office of Emergency Services and the Bay Area Climate Adaptation Network (BayCAN), has helped the City advance its climate-related goals.
Reducing Emissions and Preparing for Changes
The City has developed this CAP Update to achieve GHG emissions reduction targets and minimize contributions to climate change while building resilience to climate change impacts.
For climate change mitigation, this involves:
establishing an updated baseline inventory of GHG emissions, projecting future GHG emissions,
setting GHG emissions reduction targets, and
identifying strategies, measures, and actions to reduce GHG emissions.
For climate change adaptation, this involves preparing a vulnerability assessment and adaptation strategies, which consists of:
evaluating the city’s exposure to climate change-related hazards, analyzing sensitivity to these hazards and identifying vulnerabilities and potential impacts, determining the city’s existing adaptive capacity to prepare for and adapt to these impacts, and
developing adaptation strategies to improve community resilience.
This CAP Update also includes an implementation strategy, which will be key to achieving the City’s climate-related goals. As part of CAP Update implementation, GHG reduction and adaptation efforts will be tracked and monitored over time to ensure the City is making progress toward achieving its GHG reduction targets and climate resilience objectives.
This CAP Update will serve as a living document that will require periodic updates, including reporting on the status of implementation and conducting updates to the GHG emissions inventory, vulnerability assessment, and climate change mitigation and adaptation measures.
These updates will help ensure that this CAP Update is being effectively implemented and supporting the City in addressing climate change. Ultimately, the overarching goals of this CAP Update will remain the same: to reduce GHG emissions and build resilience to the effects of climate change.
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Co-Benefits
While the CAP Update is primarily geared towards reducing GHG emissions and addressing climate change-related vulnerabilities within the city, it will also result in numerous “co-benefits” to residents and businesses. Co-benefits result from the implementation of CAP actions and are additional valuable outcomes that are not the primary intent of climate change mitigation or adaptation actions, such as improvements to local air quality and water supply, increases in local green jobs and cost savings, and benefits to public health and improved mobility options.
For example, implementation of an action to weatherize older buildings to improve energy efficiency will reduce GHG emissions and strengthen resilience to extreme weather conditions, but it will also provide the co-benefit of financial savings to building owners money through reduced energy costs.
Co-benefits identified in this CAP Update, as shown in Figure 1-3, include enhanced equity, air pollution prevention, benefits to health and well-being, improved reliability of critical infrastructure and services, strengthened climate resilience, economic development, and resource preservation.
Figure 1-3 Co-Benefits
Source: Ascent Environmental 2021.
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Development Process
The City has implemented a suite of climate action and adaptation initiatives over the past decade, and while significant progress has been made, the City recognizes the importance of developing a CAP Update to continue reducing GHG emissions and achieving reduction targets in line with State objectives. Additionally, the City desires to develop a comprehensive plan that considered climate change resilience, which was not included in the 2013 CAP. These goals were used to inform the scope, vision, and objectives of the project and guided the CAP Update development process.
As shown in Figure 1-4 below, the City initiated a scoping phase for the project in early 2020.
After project kickoff in October 2020, the City prepared GHG emissions inventories and forecasts, set GHG reduction targets, and conducted a climate change vulnerability assessment.
These tasks were completed by mid-2021, and then the City developed GHG emissions reduction and adaptation strategies, measures, and actions to be included in the CAP Update.
These efforts created the foundation for developing the planning document, which occurred in Fall 2021. Details regarding CAP Update implementation are provided in Chapter 6.
Figure 1-4 Project Timeline
Source: Ascent Environmental 2021.
Engagement with City staff, members of the public, government officials, and other stakeholders was conducted throughout the entirety of the project. Outreach and engagement efforts are described in the following section.
Community Input and Response
Local community engagement and participation with climate action and adaptation efforts is an essential element of the planning and development process. Local action on climate change cannot be achieved solely by one agency; it requires active and ongoing partnerships between residents, businesses, local government, and other organizations and stakeholders. By meaningfully engaging a cross-section of the community, the City strengthened its ability to effectively implement local climate change solutions. The following sections summarize the engagement efforts for the CAP Update.
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Community Engagement
The City hosted public workshops to engage
residents, stakeholders, and other interested
organizations and individuals and provide an
opportunity to participate in the CAP Update
planning process. Due to the COVID-19
pandemic, most public workshops and CAP
Update events were held virtually. The
workshops served to inform attendees about
the project scope and goals and solicited
input to gain a better understanding of the
community’s climate change concerns and
priorities. The first workshop, held on May 6,
2021, provided an overview of the purpose
and objectives of the CAP, outlined the results
of the City’s GHG emissions inventories, presented the City’s GHG emissions forecasts and reduction targets, and offered an opportunity for attendees to comment on proposed GHG reduction strategies and measures.
The City hosted a pop-up booth at the Milpitas Farmers’ Market on July 25, 2021, to gauge public perception of the proposed GHG reduction strategies and measures and to identify barriers to personal climate action choices.
In May 2021, the City hosted a workshop with students from Milpitas High School to discuss climate change concerns and proposed GHG reduction strategies and measures to be included in the CAP Update.
The second workshop was held on June 1, 2022, and focused on the Draft CAP Update document, and attendees provided feedback that was used to refine the final document. These events played a key role in determining the City’s approach to climate change mitigation and adaptation through ground-truthing the technical analyses conducted for the CAP Update.
Steering Committee and Energy and Environmental Sustainability Commission A Steering Committee was formed to help guide the CAP Update development process. This group consisted of representatives from various City departments, including Public Works, Engineering, Recreation Services, and Planning, as well as the Office of the City Manager. In addition to regularly meeting with the Steering Committee, City staff also provided project milestone updates and solicited feedback on an ongoing basis with the Energy and Environmental Sustainability Commission at their monthly public meetings throughout the project.
Members of the public were encouraged to attend all public meetings.
Farmers’
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Project Websites and Press Releases
To provide project information and resources to the community and stakeholders, the City developed Climate Action Milpitas, an interactive online dashboard dedicated to the CAP Update (located at https://www.climateactionmilpitas.org/home) and shown in Figure 1-5. The dashboard includes an overview of the project, GHG emissions- and adaptation-related information, news and updates, and supporting documents and materials. This webpage was kept up-to-date and supported public participation throughout the project. Additionally, the dashboard hosted a series of short surveys that were used to gather feedback on proposed GHG reduction and adaptation strategies and measures. Public engagement was also facilitated by a series of press releases and newsletters, which were used to disseminate information regarding CAP Update progress and engagement events, such as the public workshops.
Figure 1-5 Climate Action Milpitas Website Screenshot
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How to Read This Plan
Organization
This CAP Update is divided into six main chapters. This chapter, Chapter 1, introduces the city, outlines the context and purpose of the CAP Update, describes existing legislation and efforts aimed at addressing climate change, and summarizes the proposed mitigation and adaptation initiatives. Chapter 2 describes the community’s GHG emissions inventories, presents a forecast of future emissions in the city, and identifies community emissions reduction targets. The City’s municipal operations GHG emissions inventories, forecasts, and reduction targets, along with strategies and measures to reduce GHG emissions, are included in Chapter 3. GHG emissions reduction strategies and measures are included in Chapter 4, organized into seven sectors:
Building Energy, Transportation and Land Use, Waste, Water and Wastewater, Off-Road Vehicles and Equipment, Carbon Sinks, and Consumption-Based Emissions that generally align with the emissions sectors used in the City’s GHG inventories. Chapter 5 presents an overview of the climate adaptation planning process and a summary of the city’s climate change vulnerability assessment along with adaptation strategies and measures that the City will implement to strengthen community resilience to climate change. Lastly, Chapter 6 provides a framework for implementing and monitoring the CAP Update and includes guidance for future climate action and adaptation planning efforts.
GHG Reduction and Adaptation Framework
The GHG emissions reductions initiatives included in Chapter 4 and the adaptation and resilience efforts in Chapter 5 are presented under the same framework. Each chapter presents strategies that serve as the foundation for addressing the ways in which GHG emissions can be reduced and resilience can be improved in the community. Within each strategy are one or more measures that represent specific expressions of the broad strategies. Chapter 6 includes detailed actions for each measure that define the activities, projects, programs, or policies the City will
implement or support to reduce
GHG emissions and strengthen
resilience. These actions have
been identified as priorities
and are intended to be
implemented within the
first 3 to 5 years after
CAP Update adoption.
This framework is
outlined in
Figure 1-5.
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Greenhouse Gas Emissions
Inventory, Forecasts, and Targets
This chapter sets the foundation for the CAP Update by describing current and forecasted GHG emissions and reduction targets. It summarizes the City’s standard emissions inventories; presents the anticipated change in emissions if local actions are not taken; and establishes targets for reducing emissions consistent with statewide GHG reduction targets and goals for the years 2030, 2040, and 2045. Lastly, it provides an additional framework for evaluating and addressing the community’s contribution to climate change.
Why Prepare a Greenhouse Gas Emissions Inventory?
The critical first step in the overall climate action planning process is to prepare a GHG emissions inventory. To develop and implement a CAP that will effectively reduce GHG emissions, local governments must first have a comprehensive understanding of the emissions that are generated by activities within their jurisdictions. GHG emissions inventories not only serve to provide this knowledge, but they also act as the basis for measuring progress and provide agencies with a framework to track emissions over time and assess the effectiveness of CAP implementation.
The standard GHG emissions inventory used in the climate action planning process, known as a “production-based” inventory, estimates GHG emissions generated within a defined geographic boundary during a single year. It identifies the sources, activities, and sectors that are producing these emissions and the relative contribution of each, while also providing a baseline used to forecast emissions trends into the future. This information is used to set reduction targets that are consistent with State objectives and then to create solutions for reducing GHG emissions locally through the creation of a CAP.
In addition to traditional production-based emissions inventories, it is becoming increasingly common for local governments to prepare a “consumption-based” emissions inventory (CBEI). A CBEI evaluates GHG emissions generated by the production, use, and disposal of goods and services consumed by residents of a community within a given year. While there is some overlap Nighttime View of Milpitas
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with the production-based inventory, the CBEI evaluates emissions that are not accounted for in the traditional approach, so this additional lens through which to view community-generated GHG emissions provides further opportunities for a community to reduce its contribution to climate change (e.g., purchasing decisions). Additional information regarding consumptionbased emissions and the City’s CBEI are presented in the final section of this chapter.
Throughout this CAP Update, information and data associated with the consumption-based approach will be stated and labeled explicitly; any other references to the city’s GHG emissions and emissions inventories refer to the production-based methodology and data.
Community Inventories
The City has developed several GHG emissions inventories over the past decade, which provide a detailed accounting of the sources and quantities of GHG emissions generated from activities within the community for different years. Three primary GHGs are quantified: CO2, CH4, and N2O. Emissions of these gases are converted to a comparable unit by multiplying each non-CO2 gas by their global warming potential (GWP), enabling the reporting of emissions in terms of carbon dioxide equivalent (CO2e). This conversion allows consideration of all gases in a single unit and makes it easier to communicate how various sources and types of GHG emissions contribute to climate change. Emissions are reported in metric tons of CO2e (MTCO2e), the standard measurement for the amounts of GHG emissions produced and released into the atmosphere. GWP values for CH4 and N2O included in the IPCC Fifth Assessment Report are used for calculating emissions estimates (IPCC 2013). In August 2021, IPCC released its Sixth Assessment Report, which includes updated GWP values. Because these values were not available at the time the GHG inventory and forecasts were prepared, the GWP values from the Fifth Assessment Report were used.
ICLEI – Local Governments for Sustainability (ICLEI) develops protocols for local-scale accounting of emissions that have become the industry standard for local governments developing GHG emissions inventories. The most recent guidance for community-scale emissions inventories is ICLEI’s July 2019 publication, U.S. Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions (Community Protocol), Version 1.2 (ICLEI 2019).
State agencies, including CARB and OPR, recommend that jurisdictions prepare GHG emissions inventories using the guidelines included in the Community Protocol. Consistent with these recommendations and industry best practices, the City’s community GHG emissions inventories have been prepared according to the Community Protocol. 2005 Baseline Inventory
As described in Chapter 1, the City’s 2013 CAP included a 2005 baseline GHG emissions inventory. Since the 2005 inventory was prepared, protocols for estimating community GHG emissions in various sectors have been updated and expanded (see Appendix A for additional details). These changes reflect refinements in the planning process that have resulted from research in the field and shared knowledge from local governments engaged in climate action planning.
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Because methods to calculate GHG emissions
change regularly, past GHG inventories often
need to be recalibrated based on current
methodologies. For this CAP Update, the
2005 baseline GHG emissions inventory was
revised using methodologies and guidance
provided by ICLEI in the most recent
Community Protocol. The revised 2005
baseline inventory incorporated updated
GWP values, additional emissions sources,
and refined data and emissions factors.
The revised 2005 baseline inventory estimates
community emissions in seven sectors: on-road transportation, nonresidential building energy, residential building energy, solid waste, off-road vehicles and equipment, wastewater treatment, and water supply. Table 2-1 describes each GHG emissions sector.
Table 2-1 Milpitas Community Greenhouse Gas Emissions Inventory Sectors Emissions Sector Description
On-Road
Transportation
On-road transportation emissions are associated with gasoline and diesel fuel consumption from motor vehicles on local and regional roadways.
Nonresidential
Building Energy
Nonresidential building energy emissions are associated with the consumption of electricity, natural gas, and diesel in nonresidential buildings within the city.
Residential
Building Energy
Residential building energy emissions are associated with the consumption of electricity and natural gas in homes within the city.
Solid Waste Solid waste emissions are associated with the decomposition of communitygenerated mixed and organic waste in landfills.
Off-Road Vehicles
and Equipment
Off-road emissions are associated with gasoline and diesel fuel use from construction and mining, entertainment, industrial, lawn and garden, commercial, and recreational equipment, as well as railyard operations and transportation refrigeration units.
Wastewater
Treatment
Wastewater treatment emissions include process and fugitive emissions, stationary emissions from the combustion of digester gas, and energy-related emissions.
Water Supply Water emissions are associated with the electricity used to supply, convey, treat, and distribute water in the city.
Source: Ascent Environmental 2021.
Based on the modeling conducted for the revised baseline inventory, community activities in the city generated approximately 547,972 MTCO2e in 2005. The largest emissions-generating sectors included on-road transportation, nonresidential building energy, and residential building energy.
The city’s 2005 baseline emissions by sector are presented under the “Inventories Comparison” section in Table 2-3 and Figure 2-3.
South San Francisco Bay Area
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Updated 2019 Baseline Inventory
In preparation of the CAP Update, the City developed an updated baseline inventory, which evaluated community emissions in 2019 using the same seven emissions sectors in the revised 2005 inventory. The updated 2019 baseline inventory estimated that community emissions were approximately 441,557 MTCO2e in 2019. Emissions from on-road transportation, which include emissions from fossil fuel (i.e., gasoline and diesel) combustion in vehicles, accounted for approximately 59 percent of community emissions. The second-largest emissions sector, nonresidential building energy, contributed approximately 22 percent of community GHG emissions in 2019, and the residential building energy sector generated approximately 10 percent of the city’s emissions. The solid waste and off-road vehicles and equipment sectors accounted for 5 percent and 4 percent, respectively, and wastewater treatment and water supply each contributed less than 1 percent of total emissions. The 2019 baseline inventory serves as the City’s updated GHG emissions baseline for the CAP Update.
Table 2-2 Milpitas 2019 Community Greenhouse Gas Emissions Inventory Emissions Sector GHG Emissions (MTCO2e) Percent of Total On-Road Transportation 259,627 59%
Nonresidential Building Energy 98,319 22%
Residential Building Energy 42,218 10%
Solid Waste 23,566 5%
Off-Road Vehicles and Equipment 15,554 4%
Wastewater Treatment 1,578 <1%
Water Supply 694 <1%
Total 441,557 100%
Note: Columns may not sum exactly due to independent rounding. MTCO2e = metric tons of carbon dioxide equivalent.
Source: Ascent Environmental 2021.
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Figure 2-1 Milpitas 2019 Community Greenhouse Gas Emissions Inventory Source: Ascent Environmental 2021.
As shown in Figure 2-2, community emissions in 2019 of approximately 441,557 MTCO2e are equivalent to combusting 50 million gallons of gasoline, or the total combustion from 96,000 passenger vehicles driving continuously for one year (EPA 2021).
Figure 2-2 Milpitas 2019 Community Greenhouse Gas Emissions Equivalencies Source: EPA 2021; adapted by Ascent Environmental in 2021.
Residential Building
Energy, 10%
Nonresidential
Building Energy, 22%
On-Road
Transportation, 59%
Off-Road Vehicles
and Equipment, 4%
Solid Waste, 5%
Water Supply, <1%
Wastewater
Treatment, <1%
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Inventories Comparison
Evaluating community GHG emissions over time is a crucial element of climate action planning.
Tracking and comparing emissions levels allows jurisdictions to assess where progress has been made and which emissions sources and sectors should be prioritized in planning.
In addition to preparing the City’s revised 2005 and updated 2019 baseline inventories, a 2015 inventory was developed as a representative interim year to measure changes in the city’s emissions levels. A comparison of the city’s GHG emissions by sector in 2005, 2015, and 2019 is presented in Table 2-3 and illustrated in Figure 2-3.
Table 2-3 Comparison of Milpitas Community Greenhouse Gas Emissions Inventories Emissions Sector Revised 2005
Inventory (MTCO2e)
2015 Inventory
(MTCO2e)
2019 Inventory
(MTCO2e)
Percent Change
2005 – 2019
On-Road Transportation 252,864 278,061 259,627 +3%
Nonresidential Building Energy 183,424 202,368 98,319 -46% Residential Building Energy 64,108 57,581 42,218 -34%
Solid Waste 26,998 28,984 23,566 -13%
Off-Road Vehicles and
Equipment 15,034 16,511 15,554 +3%
Wastewater Treatment 1,078 1,935 1,578 46%
Water Supply 4,466 2,974 694 -84%
Total 547,972 588,414 441,557 -19%
Notes: Totals may not sum exactly due to independent rounding. MTCO2e = metric tons of carbon dioxide.
Source: Ascent Environmental 2021.
Community GHG emissions increased by approximately 7 percent above the revised 2005 baseline in 2015 as a result of population and employment growth in the city. In 2019, community GHG emissions decreased by approximately 19 percent below the revised 2005 baseline. Although population and employment continued to rise in 2019, the reduction in emissions between the revised 2005 inventory and the 2019 inventory can be explained by:
improvements in vehicle and equipment fuel efficiency due to State and federal regulations,
reductions in the carbon intensity of grid electricity due to State regulations, and the supply of near-zero-emissions grid electricity from SVCE to the Milpitas homes, businesses, and city facilities starting in 2018.
Further details regarding differences between the inventories are included in Appendix A. 255
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Figure 2-3 Comparison of Milpitas Community Greenhouse Gas Emissions Inventories Source: Ascent Environmental 2021.
Community Forecasts
GHG emissions forecasts provide a modeled estimate of future emissions levels based on a continuation of current trends in activity, population, and job growth, while also accounting for known regulatory actions by State and federal agencies (i.e., “legislative” actions) that are expected to reduce emissions in the future. Emissions forecasts provide insights into the scale of local reductions needed to achieve GHG emissions reduction targets after applying anticipated reductions from regulatory actions.
This CAP Update includes two forecast scenarios: a “business-as-usual” (BAU) scenario, and a legislative-adjusted BAU scenario. The BAU scenario is based on a variety of scaling factors for each sector (or activities that occur within the sector[s]) in the city and assumes no additional State or federal actions will occur after 2019 (the updated baseline inventory year). In the legislative-adjusted BAU scenario, the BAU forecast is “adjusted” to account for the effects of State and federal laws and regulatory requirements on the city’s forecasted emissions. The forecasts estimate emissions for the years 2030, 2040, and 2045, which align with the State’s GHG reduction target years established in key legislation and policies, including SB 32 and Executive Order (EO) B-55-18, as well as the City’s General Plan Update horizon year. The longterm target year of 2045 was chosen to better align with newer State GHG targets such as the statewide carbon neutrality goal, rather than the previously issued 2050 goal of an 80 percent reduction from 1990 levels.
Details on how the forecasts were developed and the activity data used to forecast emissions in each sector can be found in Appendix A.
- 100,000 200,000 300,000 400,000 500,000 600,000
2019
2015
2005
GHG Emissions (MTCO2e)
Residential Building Energy Nonresidential Building Energy On-Road Transportation Off-Road Vehicles and Equipment Solid Waste Water Supply Wastewater Treatment
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Business-as-Usual Forecasts
The BAU forecast estimates GHG emissions based on predicted growth in existing demographic forecasts, including population and employment changes. These forecasts assume the continuation of current behaviors and activities within the city and that no additional efforts or legislative actions beyond what have already been implemented will be made to reduce GHG emissions in the future.
Based on 2019 GHG emissions levels, the city’s BAU forecast estimates annual GHG emissions to increase steadily and rise approximately 26 percent in 2045. This projected increase in BAU emissions is due to anticipated growth in demographics and vehicle activity within the city.
Community BAU emissions are shown in Figure 2-4.
Figure 2-4 Milpitas Community Business-as-Usual Greenhouse Gas Emissions Forecasts Source: Ascent Environmental 2021.
Legislative-Adjusted Business-as-Usual Forecasts
Legislative-adjusted BAU emissions forecasts evaluate how the city’s GHG emissions would change over time accounting for legislative actions at the State and federal levels, such as regulatory requirements to increase vehicle fuel efficiency. This forecast provides the City with the information needed to focus efforts on certain emissions sectors and sources that have the most GHG reduction opportunities. A summary of the legislative reductions applied is provided in Table 2-4. Detailed descriptions of the specific legislative reductions can be found in Appendix A.
0 100,000
200,000
300,000
400,000
500,000
600,000
2019 2030 2040 2045
GHG Emissions (MTCO2e)
Residential Building Energy Nonresidential Building Energy On-Road Transportation Off-Road Vehicles and Equipment Solid Waste Water Supply Wastewater Treatment
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Table 2-4 Legislative Reductions Summary
Source Legislative Reduction Sectors Applied
State SB 100 (Renewables Portfolio Standard) Building Energy, Water State California’s Building Energy Efficiency Standards (Title 24, Part 6) Building Energy State Advanced Clean Car Standards On-Road Vehicles
State Truck and Bus Regulation On-Road Vehicles
Federal Fuel Efficiency Standards for Medium- and Heavy-Duty Vehicles On-Road Vehicles Federal EPA Off-Road Compression-Ignition Engine Standards Off-Road Vehicles and Equipment
Notes: EPA = U.S. Environmental Protection Agency; SB = Senate Bill.
Source: Table compiled by Ascent Environmental in 2021.
Accounting for the reductions outlined above, the city’s forecasted legislative-adjusted emissions are expected to decrease by 5 percent in 2030 and 10 percent in 2045 from 2019 levels. Table 2-5 and Figure 2-5 below illustrate the anticipated gradual decline of GHG emissions through 2045, and Figure 2-5 also shows the emissions trend that would occur without legislative reductions (i.e., BAU emissions).
Table 2-5 Milpitas Community Legislative-Adjusted Business-as-Usual Greenhouse Gas Emissions Forecasts (MTCO2e)
Emissions Sector 2019 2030 2040 2045
On-Road Transportation 259,627 236,310 218,898 221,388
Nonresidential Building Energy 98,319 93,467 82,288 77,177 Residential Building Energy 42,218 42,660 43,399 43,658 Solid Waste 23,566 25,026 27,215 28,074
Off-Road Vehicles and Equipment 15,554 21,139 22,984 23,421 Water Supply 694 421 153 0
Wastewater Treatment 1,578 1,612 1,692 1,713
Total 441,557 420,636 396,629 395,432
Percent change from 2019 — -5% -10% -10%
Notes: Total may not sum exactly due to independent rounding. MTCO2e = metric tons of carbon dioxide.
Source: Ascent Environmental 2021.
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Figure 2-5 Milpitas Community Legislative-Adjusted Business-as-Usual Greenhouse Gas Emissions Forecasts
Source: Ascent Environmental 2021.
Community Reduction Targets
The emissions reduction targets in this CAP Update have been established to be consistent with statewide GHG emissions targets. As directed in SB 32, EO B-55-18, and EO S-3-05, the State aims to reduce annual GHG emissions to:
40 percent below 1990 levels by 2030,
80 percent below 1990 levels by 2050, and
carbon neutrality by 2045.
The State’s 2030 and 2050 targets are in line with the scientifically established levels needed to limit the rise in global temperature to no more than 2 degrees Celsius (°C), the warming threshold at which major climate disruptions, such as super droughts and rising sea levels, are projected. These targets also pursue efforts to limit the global temperature increase even further to no more than 1.5 °C (United Nations 2015:3).
In addition to these targets, California set a new statewide GHG reduction goal in 2018 through EO B-55-18. The order directs the State to achieve carbon neutrality no later than 2045 and to achieve net negative emissions thereafter. The carbon neutrality goal is separate from and complements existing statewide targets and goals for reducing GHG emissions. EO B-55-18 is 2019 2030 2040 2045
0 100,000
200,000
300,000
400,000
500,000
600,000
GHG Emissions (MTCO2e)
On-Road Transportation Off-Road Vehicles and Equipment Solid Waste Water Supply Wastewater Treatment Residential Building Energy Nonresidential Building Energy BAU Emissions
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the first California executive order or legislative action to explicitly mention the use of carbon sequestration to achieve GHG reduction targets and goals; therefore, it is distinct from other State reduction targets and goals and does not compete or conflict with existing policies.
The City aims to reduce GHG emissions in proportion to the State’s targets and goals.
Community emissions levels from 1990 are not available, which is the case for most local jurisdictions in California. Therefore, community GHG reduction targets for the City’s CAP Update were developed relative to the city’s revised 2005 baseline emissions inventory, consistent with guidance provided by CARB. Detailed descriptions of the associated calculations and estimates are provided in Appendix B.
The targets developed relative to 2005 emissions levels were used to calculate equivalent reductions needed from the updated 2019 baseline inventory.
The city’s community GHG reduction targets are as follows:
2030 target: 36 percent below 2019 levels;
2040 target: 79 percent below 2019 levels; and
2045 target: carbon neutrality.
The city’s 2030 target requires GHG emissions to be reduced to 283,817 MTCO2e in 2030. The 2040 target, which the City has set based upon the trajectory necessary to meet the 2045 goal, requires community emissions to be reduced to 94,606 MTCO2e in 2040. The 2040 goal is intended to align with the General Plan 2040 horizon year. The City has chosen to adopt a target to achieve carbon neutrality no later than 2045, consistent with the State’s goal under EO B-55-18. Table 2-6 and Figure 2-6 in the following section present the city’s emissions reductions targets.
Community Local Emissions Gap
State and federal regulations alone will not be sufficient to achieve the City’s GHG emissions reduction targets. The City needs to implement additional actions to close the remaining “local emissions gap” and achieve its reduction targets. Table 2-6 and Figure 2-6 display the city’s forecasted emissions and targets.
Table 2-6 Milpitas Community Greenhouse Gas Local Emissions Gap (MTCO2e) Emissions Sector 2019 2030 2040 2045
Business-as-Usual Emissions 441,557 502,207 534,465 555,142 Legislative-Adjusted Business-as-Usual Emissions 441,557 420,636 396,629 395,432 Target Percent Reduction below 2019 Levels — 36% 79% 100% Target Annual Emissions — 283,817 94,606 0
Local Emissions Gap — 136,819 302,023 395,432
Notes: MTCO2e = metric tons of carbon dioxide equivalent.
Source: Ascent Environmental 2021.
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Figure 2-6 Milpitas Community Local Emissions Gap
Source: Ascent Environmental 2021.
This CAP Update is primarily focused on achieving the 2030 target and aims to make substantial progress in achieving the longer-term 2040 and 2045 targets. Achievement of the 2030 target and the longer-term 2040 and 2045 targets will require the implementation of locally enacted GHG reduction measures, along with updates to CARB’s Scoping Plan and future State and federal actions.
Consumption-Based Emissions Inventory
To understand the full impact of community activities and the city’s contribution to global climate change, the City has prepared a Consumption-Based Emissions Inventory (CBEI). A CBEI accounts for the total quantity of GHG emissions associated with the production (e.g., extraction of raw materials, manufacturing, and transportation), use, and disposal of products and services consumed by residents of a community within a given year. Unlike production-based inventories, which only estimate GHG emissions generated from activities that occur within specific geographic boundaries, CBEIs account for indirect lifecycle GHG emissions, or “embedded” emissions, and attribute them to residents of a jurisdiction, regardless of where the emissions are released into the atmosphere, as shown in Figure 2-7. For example, if a resident of California purchases a car that was made in Japan, the emissions embedded within the supply chain of producing and shipping that car are allocated to the Californian consumer, rather than to Japan 2019 2030 2040 2045
36% below 2019 by 2030
(283,817 MTCO2e)
79% below 2019 by 2040
(94,606 MTCO2e)
Carbon Neutrality
by 2045
0 50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
500,000
GHG Emissions (MTCO2e)
On-Road Transportation Off-Road Vehicles and Equipment Solid Waste Water Supply Wastewater Treatment Residential Building Energy Nonresidential Building Energy Reduction Targets
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(as they would be in a production-based approach). In addition to these embedded GHG emissions, all emissions produced from the resident driving the car – both within and outside of the community – are accounted for in the consumption-based inventorying approach.
Figure 2-7 Overlap Between Consumption-Based and Production-Based GHG Inventories
Source: C40 Cities 2018
By accounting for lifecycle emissions generated outside of a community’s boundaries, CBEIs capture a different subset of emissions than those included in production-based inventories.
Therefore, CBEIs complement the findings of traditional production-based inventories and provide an additional lens through which local governments and individuals can view the responsibility to reduce local GHG emissions and mitigate impacts to climate change. In particular, the information on communities’ carbon footprints (i.e., the amount of GHG emissions attributable to a community) associated with the consumption of food, goods, and services offers additional opportunities for GHG mitigation, as these sectors are unique to the consumption-based inventorying approach. CBEIs typically report emissions at the household level, although they are often scaled to jurisdiction levels using per capita metrics. 262
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2013 CBEI Inventory
In the first effort to comprehensively explore household carbon footprints at a fine geospatial resolution, University of California, Berkeley (UC Berkeley) developed CBEIs for all census block groups, cities, and counties within the San Francisco Bay Area (Bay Area), including Milpitas.
Using local consumption and emissions data wherever possible, researchers calculated GHG emissions for the year 2013 and published their results in A Consumption-Based Greenhouse Gas Inventory of San Francisco Bay Area Neighborhoods, Cities and Counties: Prioritizing Climate Action for Different Locations (hereafter referred to as “the study”) (UC Berkeley 2015).
The study provides consumption-based emissions estimates for six emissions sectors:
transportation, food, goods, services, housing, and composting.
The study and its findings are commonly referenced by other CBEI protocols and guidance, including ICLEI’s Community Protocol and Stockholm Environment Institute’s Estimating Consumption-Based Greenhouse Gas Emissions at the City Scale: A Guide for Local Governments (ICLEI 2019; SEI 2019). These protocols recommend that Bay Area communities seeking to gain an understanding of local consumption-based emissions utilize the study’s data and results. The researchers published jurisdiction-specific consumption and carbon footprint data for each emissions sector, which were used to prepare the City’s CBEI. It is important to note that the City does not have a production-based inventory for the same year as the study (i.e., 2013). However, the City’s main objective in preparing a CBEI is to gain a better understanding of consumption-based emissions in the community, and it is unlikely that the overall picture of the city’s consumption-based emissions changed significantly between 2013 and 2015 (the production-based inventory year closest to 2013). Therefore, this CAP Update uses the data, methods, and results of the study to address the community’s consumption-based emissions.
Consumption by Milpitas residents generated approximately 988,496 MTCO2e in 2013, equivalent to approximately 15 MTCO2e per person or 50 MTCO2e per household, which is slightly higher than the California household average of 45.7 MTCO2e. Major emissions sectors included transportation, food, goods, and services. Table 2-7 and Figure 2-8 present the results of the City’s 2013 CBEI by sector and source.
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Table 2-7 2013 Milpitas Consumption-Based Emissions
Inventory by Sector and Source
Sectors/Sources MTCO2e/
person
MTCO2e/
household
Total
MTCO2e
Percent
of Total
Transportation 5.2 17.3 339,023 34%
Vehicle Fuel Direct 2.9 9.6 189,149 19%
Vehicle Fuel Indirect 0.7 2.2 43,506 4%
Vehicle Manufacturing/Repair 0.5 1.8 35,066 4%
Air Travel 1.1 3.6 70,414 7%
Public Transit 0.01 0.05 888 <1%
Food 3.1 10.4 204,686 21%
Meat 0.9 3.1 60,308 6%
Dairy 0.5 1.7 33,012 3%
Fruits/Vegetables 1.0 3.4 67,468 7%
Cereals 0.3 1.0 19,587 2%
Other Food 0.4 1.2 24,310 2%
Goods 2.6 8.6 168,983 17%
Small Appliances/Equipment 0.7 2.4 46,790 5%
Clothing 0.6 2.1 40,971 4%
Furnishings/Appliances 0.5 1.7 34,230 3%
Other Goods 0.7 2.4 46,992 5%
Services 2.6 8.6 168,956 17%
Housing 1.7 5.8 114,608 12%
Natural Gas 0.6 1.9 37,979 4%
Electricity 0.3 1.0 19,718 2%
Fuel Oil/Other Fuel 0.0 0.1 1,565 <1%
Energy Indirect 0.2 0.5 10,332 1%
Water 0.1 0.2 4,371 <1%
Waste 0.2 0.8 15,984 2%
Construction 0.4 1.3 24,659 2%
Composting (0.1) (0.4) (7,759) (1%)
Total 15.1 50.4 988,496 100%
Notes: Totals may not sum exactly due to independent rounding. Values in parentheses represent net negative emissions, or emissions reductions. MTCO2e = metric tons of carbon dioxide equivalent.
Source: UC Berkeley 2015; adapted by Ascent Environmental in 2021. 264
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Figure 2-8 2013 Milpitas Consumption-Based Emissions Inventory by Sector and Source1 1 Consumption-based emissions estimates for composting are not shown in the chart, as these are emissions reductions (or avoided emissions) and cannot be represented in the chart type.
Source: Ascent Environmental 2021.
As shown above, transportation represented the city’s largest consumption-based emissions sector in 2013, accounting for 34 percent of the CBEI. Transportation sector emissions result primarily from the consumption of vehicle fuel, which includes both direct emissions from the combustion of fuel as well as indirect emissions from fuel production. Transportation emissions also include embedded emissions associated with vehicle manufacturing and repair, as well as emissions from air travel and public transit. The second-largest emissions-generating sector was food, which contributed 21 percent of the city’s consumption-based emissions in 2013. Meat and dairy products contribute significantly to this sector, producing nearly half of all foodrelated emissions, with the remaining emissions generated from fruits, vegetables, cereals, and other food. The goods and services sectors were also substantial contributors, with each sector accounting for 17 percent of the city’s CBEI. The goods sector consists of embedded emissions Transportation,
34%
Food, 21%
Goods, 17%
Services, 17%
Housing, 12%
Vehicle Fuel Direct
Vehicle Fuel
Indirect
Vehicle
Manufacturing/
Repair
Air Travel
Public Transit Meat
Dairy
Other Food
Fruits/Vegetables Cereals
Small
Appliances/
Equipment
Clothing
Furnishings/
Appliances
Other Goods
Services
Natural Gas
Electricity
Fuel Oil/Other Fuel
Energy Indirect Water Waste Construction
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from small appliances and equipment, clothing, furnishings and large appliances, and other goods, and the services sector includes GHG emissions embedded in the services consumed by Milpitas residents, including health care, education, financial services, communication, and entertainment. The housing sector, which consists of emissions from household energy use, construction, water, and wastewater, contributed the smallest proportion of the city’s consumption-based emissions, accounting for 12 percent in 2013. Composting in the city accounted for a net negative contribution to the city’s CBEI, reducing GHG emissions per household by 0.4 MTCO2e in 2013. Figure 2-9 below presents the city’s CBEI by household.
Figure 2-9 2013 Milpitas Consumption-Based Emissions Inventory by Household Source: Ascent Environmental 2021.
Consumption-Based and Production-Based Comparison
The city’s consumption-based emissions in 2013 are 68 percent higher than its productionbased emissions in 2015. Certain emissions sectors are accounted for in both inventories, including direct emissions from vehicle transportation fuels, household energy use, and waste disposal. The CBEI captures emissions not included in the production-based inventory, such as embedded lifecycle emissions from the production of fuel, food, goods, services, and construction. These indirect emissions represent over two-thirds of the city’s CBEI. The inclusion of these additional GHG emissions provides new opportunities for the City and Milpitas community to reduce emissions and mitigate their overall impact to climate change. Table 2-8 Vehicle Fuel
Direct
Vehicle Fuel
Indirect
Vehicle
Manufacturing/Repair
Air Travel
Fuel Oil/Other Fuel
Public Transit
Natural Gas
Electricity
Energy Indirect Water
Waste
Construction
Meat
Dairy
Other Food
Fruits/Vegetables
Cereals
Small
Appliances/
Equipment
Clothing
Furnishings/
Appliances
Other Goods
Services
Composting
-1.0
1.0 3.0
5.0 7.0
9.0 11.0
13.0 15.0
17.0 19.0
Transportation Food Goods Services Housing Composting
GHG Emissions Per Household (MTCO2e/household)
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presents a comparison of the city’s 2013 consumption-based emissions and 2015 productionbased emissions, and Figure 2-10 illustrates the two inventories by sector.
Table 2-8 Comparison of Milpitas Greenhouse Gas Emissions Inventories (MTCO2e) Emissions Production-Based
Emissions Inventory
Consumption-Based
Emissions Inventory
Percent
Difference
Total 588,414 988,496 68%
Notes: MTCO2e = metric tons of carbon dioxide equivalent.
Source: Production-based emissions inventory prepared by Ascent in 2021. Consumption-based emissions inventory prepared by UC Berkeley in 2015; adapted by Ascent Environmental in 2021.
Figure 2-10 Comparison of Milpitas Production-Based and Consumption-Based Greenhouse Gas Emissions Inventories
Source: Ascent Environmental 2021.
Transportation Food Goods Services Housing
Composting
On-Road
Transportation
Off-Road Vehicles and
Equipment
Nonresidential Building
Energy
Residential Building
Energy
Solid Waste
Water Supply
Wastewater Treatment
(50,000) 100,000 250,000 400,000 550,000 700,000 850,000 1,000,000 Consumption-Based Emissions Production-Based Emissions GHG Emissions (MTCO2e/year)
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Municipal Operations
Emissions
This chapter summarizes the City’s greenhouse gas (GHG) inventories and forecasts for municipal operations and outlines its GHG reduction targets. This chapter also presents the strategies and measures that the City will implement to reduce GHG emissions from municipal operations.
Climate Action Planning for Municipal Operations
In addition to taking action at the community-level, the City of Milpitas (City) is furthering its commitment to addressing climate change for this Climate Action Plan Update (CAP Update) through climate action planning for its municipal operations. Local governments have an important role to play in influencing GHG reductions throughout their communities, and by taking steps to reduce contributions to climate change from its municipal operations, the City is demonstrating its commitment and setting an example for the community at large. The inclusion of municipal operations in this CAP Update builds on over a decade of action taken by the City to reduce its GHG emissions, and provides an opportunity to strengthen the City’s operations and ability to positively impact the community.
The City has prepared GHG emissions inventories, forecasted future emissions, and established reduction targets for municipal operations. These steps set the foundation for developing GHG reduction strategies and measures that the City will take to reduce emissions from municipal operations.
Municipal Operations Inventories
Like community GHG emissions inventories, ICLEI has developed guidance to assist local governments in conducting municipal operations inventories. The most recent standardized guidance for municipal operations-scale emissions inventories is ICLEI’s May 2010 publication, Local Government Operations Protocol for the Quantification and Reporting of Greenhouse Gas Milpitas Senior Center
Microgrid Project
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Emissions Inventories (LGOP) (ICLEI 2010). Using the guidance provided by ICLEI in the LGOP, the City has prepared municipal operations inventories for 2015 and 2019. These inventories were conducted consistent with the accounting methodologies used for the City’s community inventories, which are described in detail in Chapter 2.
The 2015 and 2019 municipal operations GHG emissions inventories estimate emissions in seven sectors: buildings and facilities, employee commute, vehicle fleet, streetlights and traffic signals, solid waste, water supply, and wastewater treatment. Table 3-1 describes each GHG emissions sector.
Table 3-1 Milpitas Municipal Operations Greenhouse Gas Emissions Inventory Sectors Emissions Sector Description
Buildings and
Facilities
Buildings and facilities emissions are associated with the consumption of electricity, natural gas, and diesel in City-owned and leased buildings, as well as other infrastructure such as park buildings, park lighting and irrigation controllers, and other facilities.
Employee Commute Employee commute emissions are associated with gasoline and diesel fuel consumption from municipal employees’ motor vehicles while commuting to and from work.
Vehicle Fleet Vehicle fleet emissions are associated with gasoline and diesel fuel consumption in on-road vehicles and off-road vehicles and equipment owned and operated by the City.
Streetlights and
Traffic Signals
Streetlights and traffic signals emissions are associated with electricity consumption to power City-owned and operated streetlights and traffic signals, including road and highway lights.
Solid Waste Solid waste emissions are associated with the decomposition of municipal operations-generated mixed and organic waste in landfills.
Water Supply Water emissions are associated with the electricity used to supply, convey, treat, and distribute water for municipal operations.
Wastewater
Treatment
Wastewater treatment emissions include process and fugitive emissions, stationary emissions from the combustion of digester gas, and energy-related emissions associated with treating municipal operations-generated wastewater.
Source: Ascent Environmental 2021.
Based on the modeling conducted, the City’s municipal operations generated approximately 5,019 metric tons of carbon dioxide equivalent (MTCO2e) in 2015 and 3,252 MTCO2e in 2019.
Major emissions sectors included buildings and facilities, employee commute, and vehicle fleet.
Table 3-2 presents the City’s 2015 and 2019 municipal operations GHG emissions inventories by sector, and Figure 3-1 illustrates the 2019 municipal operations inventory. The 2019 municipal operations inventory serves as the municipal operations GHG emissions baseline for the CAP Update.
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Table 3-2 Milpitas 2015 and 2019 Municipal Operations
Greenhouse Gas Emissions Inventories
Sector 2015 Inventory 2019 Inventory
MTCO2e Percent of Total MTCO2e Percent of Total
Buildings and Facilities 2,001 40% 870 27%
Employee Commute 1,304 26% 1,195 37%
Vehicle Fleet 1,017 20% 1,081 33%
Streetlights and Traffic Signals 564 11% 3 <1%
Solid Waste 52 1% 53 2%
Water Supply 70 1% 41 1%
Wastewater Treatment 11 <1% 9 <1%
Total 5,019 100% 3,252 100%
Notes: Totals may not sum exactly due to independent rounding. MTCO2e = metric tons of carbon dioxide equivalent.
Source: Ascent Environmental 2021.
Figure 3-1 Milpitas 2019 Municipal Operations Greenhouse Gas Emissions Inventory Source: Ascent Environmental 2021.
GHG emissions from municipal operations decreased by approximately 35 percent between 2015 and 2019. These reductions can be explained primarily by the supply of near-zeroemissions grid electricity from SVCE for municipal operations beginning in 2018. Additional information regarding the City’s municipal operations inventories can be found in Appendix A.
Buildings and
Facilities, 27%
Streetlights and
Traffic Signals,
<1%
Employee
Commute, 37%
Vehicle Fleet,
33%
Solid Waste, 2%
Water Supply,
1% Wastewater
Treatment, <1%
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Municipal Operations Forecasts
The City prepared a “business-as-usual” (BAU) and legislative-adjusted BAU forecasts of municipal operations GHG emissions for this CAP Update. Using 2019 emissions levels as the baseline, the municipal operations forecasts estimate emissions for the years 2030, 2040, and 2045. The forecasts were prepared using the same methodologies as described in Chapter 2 for the community forecasts, and further details on how the forecasts were developed and the activity data used to forecast emissions in each sector can be found in Appendix A.
Business-as-Usual Forecasts
The BAU forecasts estimate GHG emissions for all sectors based on predicted growth in municipal employment. These forecasts assume the continuation of current behaviors and activities within City operations and that no additional efforts or legislative actions beyond what have already been implemented will be made to reduce GHG emissions in the future. As illustrated in Figure 3-2 below, BAU emissions are projected to rise approximately 10 percent above 2019 levels in 2045.
Figure 3-2 Milpitas Municipal Operations Business-as-Usual Greenhouse Gas Emissions Forecasts
Source: Ascent Environmental 2021.
0 500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
2019 2030 2040 2045
GHG Emissions (MTCO2e)
Buildings and Facilities Streetlights and Traffic Signals Employee Commute Vehicle Fleet Solid Waste Water Supply
Wastewater Treatment
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Legislative-Adjusted BAU Forecast
Legislative-adjusted BAU emissions forecasts project municipal operations GHG emissions accounting for municipal employment growth and legislative actions at the State and federal levels (a summary of the legislative reductions applied can be found in Chapter 2 in Table 2-4).
These forecasts allow the City to identify emissions sectors and sources that can be prioritized when developing GHG reduction strategies and measures.
Accounting for legislative reductions, municipal operations GHG emissions are expected to decline steadily over time, with a 10 percent reduction and 15 percent reduction below 2019 levels anticipated in 2030 and 2045, respectively. These forecasts are presented in Figure 3-3 and Table 3-3 below, and Figure 3-3 also shows the emissions trend that would occur without legislative reductions (i.e., BAU emissions).
Figure 3-3 Milpitas Municipal Operations Legislative-Adjusted Business-as-Usual Greenhouse Gas Emissions Forecasts
Source: Ascent Environmental 2021.
2019 2030 2040 2045
0 500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
GHG Emissions (MTCO2e)
Buildings and Facilities Employee Commute Vehicle Fleet Solid Waste Water Supply Wastewater Treatment
Streetlights and Traffic Signals BAU Emissions
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Table 3-3 Milpitas Municipal Operations Legislative-Adjusted Business-as-Usual Greenhouse Gas Emissions Forecasts (MTCO2e)
Sector 2019 2030 2040 2045
Buildings and Facilities 870 889 897 900
Employee Commute 1,195 1,017 961 961
Vehicle Fleet 1,081 925 840 830
Streetlights and Traffic Signals 3 2 1 0
Solid Waste 53 56 57 58
Water Supply 41 25 8 0
Wastewater Treatment 9 9 9 9
Total 3,252 2,923 2,773 2,759
Notes: Total may not sum exactly due to independent rounding. BAU = business-as-usual; MTCO2e = metric tons of carbon dioxide equivalent.
Source: Ascent Environmental 2021.
Municipal Operations Reduction Targets
The City aims to reduce its municipal operations
emissions in proportion to the State’s targets and
goals (outlined in Chapter 2). Like most local
public agencies in California, municipal
operations emissions levels for 1990 are not
available, so GHG reduction targets for the City’s
municipal operations were developed relative to
the City’s municipal operations 2019 emissions
inventory, consistent with CARB guidance. The
methodology used to calculate the City’s
municipal operations emissions reduction targets for 2030, 2040, and 2045 is consistent with the methodology used to calculate community targets described in Chapter 2.
Municipal operations GHG emissions in 2019 were 3,252 MTCO2e. Therefore, the City’s municipal operations GHG reduction targets are as follows, consistent with State targets and goals:
2030 target: 36 percent below 2019 levels;
2040 target: 79 percent below 2019 levels; and
2045 target: carbon neutrality.
The 2030 target requires municipal operations GHG emissions to be reduced to 2,090 MTCO2e in 2030. The 2040 target, which the City has set based upon the trajectory necessary to meet the 2045 goal, requires municipal operations emissions to be reduced to 697 MTCO2e in 2040.
The City has chosen to adopt a target to achieve carbon neutrality across municipal operations no later than 2045, consistent with the State’s goal under EO B-55-18.
City Fleet
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Actions at the State and federal levels will reduce GHG emissions associated with the City’s municipal operations. However, the City will need to implement local actions in addition to State and federal regulations to close the “local emissions gap” and achieve its municipal operations GHG reduction targets. Municipal operations emissions and targets are summarized in Figure 3-4 below.
Figure 3-4 Milpitas Municipal Operations Local Emissions Gap Source: Ascent Environmental 2021.
2019 2030 2040 2045
36% below 2019 by 2030
(2,090 MTCO2e)
79% below 2019 by 2030
(697 MTCO2e)
Carbon Neutrality by
2045
0 500
1,000
1,500
2,000
2,500
3,000
3,500
GHG Emissions (MTCO2e)
Buildings and Facilities Employee Commute
Vehicle Fleet Solid Waste
Water Supply Wastewater Treatment
Streetlights and Traffic Signals Target Emissions
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Municipal Operations GHG Emissions Reduction
Quantification Analysis
In preparation of the CAP Update, the City conducted a GHG quantification analysis to estimate potential emissions reductions associated with municipal operations measures, which are discussed in Chapter 4. The total estimated GHG emissions reductions from all municipal operations measures quantified would be 1,703 MTCO2e in 2030; 2,158 MTCO2e in 2040; and 2,520 MTCO2e in 2045. The total estimated reductions from all proposed GHG reduction measures would be sufficient to meet the 2030 and 2040 targets. The results of the quantification analysis are shown in Table 3-4 below.
Table 3-4 Milpitas Municipal Operations Greenhouse Gas Emissions Quantification Analysis (MTCO2e)
Emissions 2019 2030 2040 2045
Legislative-Adjusted Business-as-Usual Emissions 3,252 2,923 2,773 2,759 Target Percent Reduction below 2019 Levels — 36% 79% 100% Reduction Needed to Meet Target — 832 2,076 2,759
Total Reductions from Measures — 1,703 2,158 2,520
Remaining Gap to Target (862)
1 (68)1 239
Target Met? — Yes Yes No
Notes: Totals may not sum exactly due to independent rounding. MTCO2e = metric tons of carbon dioxide equivalent.
1 Indicates target has been achieved with a surplus of reductions.
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Figure 3-5 shows the GHG reductions achieved by CAP Update measures, organized by the sectors used for the municipal operations inventory and forecasts. Figure 3-5 displays the City’s achievement of the 2030 and 2040 targets with the GHG reduction measures and demonstrates progress toward the 2045 carbon neutrality target.
Figure 3-5 Milpitas Municipal Operations Greenhouse Gas Emissions Reduction Measures Analysis
Source: Ascent Environmental 2021.
2019 2030 2040 2045
0 500
1,000
1,500
2,000
2,500
3,000
3,500
GHG Emissions (MTCO2e)
Buildings/Facilities and Lighting Employee Commute
Vehicle Fleet Solid Waste
Water Supply Target Annual Emissions
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Greenhouse Gas Reduction
Strategies and Measures
This chapter presents the strategies and measures that the City will implement to reduce greenhouse gas (GHG) emissions to achieve its emissions reduction targets. These locally based initiatives are organized under six emissions sectors and include descriptions of actions that can be taken for implementation, GHG reduction potential, and associated co-benefits.
Overview
This Climate Action Plan Update (CAP Update) includes 11 strategies and 38 measures that will reduce GHG emissions in the community. The strategies are organized into seven sectors:
building energy, transportation and land use, waste, off-road vehicles and equipment, water and wastewater, carbon sinks, and circular and green economy. Each sector presents strategies that serve as the foundation for addressing GHG emissions reductions in the city. Within each strategy are one or more measures that represent specific expressions of the broad strategies.
Measures are further evaluated in Chapter 6 with specific actions that define the activities, programs, policies, or projects that the City will implement or support to achieve the CAP Update’s goals. While the initiatives included in this chapter are primarily intended to reduce emissions, they will also result in co-benefits, such as air pollution prevention, health and wellbeing improvements, and resource preservation.
The strategies and measures discussed in this chapter were developed based on a combination of factors, including the results of the City’s GHG emissions inventories and forecasts, robust engagement with the public and stakeholders, feedback from City staff and elected officials, and the best available climate action planning guidance. The following sections provide background information and context for each sector and present the GHG emissions reduction strategies and measures. Measures provide a description of actions that the City will take for effective implementation as well as the associated GHG emissions reduction potential estimated in the City’s GHG emissions reduction quantification analysis (discussed further below; see Appendix B for additional details). GHG emissions reductions were quantified for measures Milpitas City Hall
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wherever substantial evidence and reasonable assumptions were available to support calculations. Measures that were not quantifiable because of lack of available data or quantification methods but would still be expected to reduce GHG emissions are also included.
Co-benefits that will result from implementation of each measure are also identified. Further explanation of these metrics and full descriptions of each action are included in Chapter 6.
This chapter also contains measures for reducing consumption-based emissions. While emissions reduction quantifications were not conducted for these measures, they still provide opportunities for the City and community to reduce contributions to climate change.
Consumption-based emissions reduction measures are presented at the end of the chapter.
GHG Emissions Reduction Quantification Analysis
In preparation of the CAP Update, the City conducted a GHG quantification analysis to estimate potential emissions reductions associated with all measures. The total estimated GHG emissions reductions from all community measures quantified would be 147,697 MTCO2e in 2030; 251,999 MTCO2e in 2040; and 331,780 MTCO2e in 2045. The total estimated reductions from all proposed GHG reduction measures would be sufficient to meet the 2030 target. The results of the quantification analysis are shown in Table 4-1 below.
Table 4-1 Milpitas Community Greenhouse Gas Emissions
Quantification Analysis (MTCO2e)
Emissions 2019 2030 2040 2045
Legislative-Adjusted Business-as-Usual Emissions 441,557 420,636 396,629 395,432 Target Percent Reduction below 2019 Levels — 36% 79% 100% Reduction Needed to Meet Target — 136,819 302,023 395,432 Total Reductions from Measures — 147,697 251,999 331,780 Remaining Gap to Target (10,878)
1 50,024 63,651
Target Met? — Yes No No
Notes: Totals may not sum exactly due to independent rounding. MTCO2e = metric tons of carbon dioxide equivalent.
1 Indicates target has been achieved with a surplus of reductions.
Source: Calculations conducted by Ascent Environmental in 2021.