Agenda packet — Milpitas City Council, October 18, 2022 (part 1 of 2)

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

October 18, 2022 Milpitas City Council Agenda Page 1

AG E N D A
TUESDAY, OCTOBER 18, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 7:00 PM (PUBLIC BUSINESS)

For assistance in the following languages, you may call:

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

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

Meeting shall be livestreamed - Go to:

Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.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_XYTHpctuSlqsV22rt9M-6A 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 October 18, 2022 Milpitas City Council Agenda Page 2

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

PLEDGE OF ALLEGIANCE
INVOCATION (Councilmember Chua)
PRESENTATIONS (7:05 PM)
 October 1-31, 2022 as Breast Cancer Awareness Month (Proclamation)  Diwali (Proclamation)

PUBLIC FORUM (7:15 PM)
Those in the audience and via Zoom are invited to address City Council on any subject not on tonight’s agenda. In-person speakers wishing to address the Council are requested, but not required to complete a Speaker Card and submit it to the Mayor. In-person speakers will then be asked to come up to the podium and state their name for the record. Those interested in speaking via Zoom may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.

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

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (7:20 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items at this time. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as to whether to direct the City Manager to place the item on a future meeting agenda. If a majority of the City Council agrees to place an item on a future meeting agenda, the City Manager shall place the item on a future agenda for City Council discussion.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA
CONSENT CALENDAR (7:30 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 October and November 2022 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for October and November 2022.

C2. Approve City Council City Council Regular Meeting Minutes of October 4, 2022 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Regular Meeting minutes of October 4, 2022.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.
2 October 18, 2022 Milpitas City Council Agenda Page 3

C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, 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. Accept the FY 2021-22 Commissioners Annual Report for Seven (7) Commissions and Oversight Committee and Approve Seven (7) City of Milpitas Commission and Oversight Committee Work Plans for FY 2022-23 (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053; and Walter C. Rossmann, Deputy City Manager, 408-586-3012)
Recommendation: (1) Accept the 2021-22 Commissioners Annual Report; and (2) Approve proposed Fiscal Year 2022-23 Work Plans for (a) Community Advisory Comission, (b) Economic Development and Trade Commission, (c) Energy and Environmental Sustainability Commission, (d) Planning Commission, (e) Public Safety and Emergency Preparedness Commission, (f) Science, Technology, and Innovation Commission, and (g) Measure F Oversight Committee.

C6. Receive the April – June 2022 Report for Unhoused Services (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046)
Recommendation: Receive the April – June 2022 report for unhoused services.

C7. Approve and Authorize the City Manager to Execute a General Services Agreement with Banner Pest Services to Provide Pest Control Services at Various City Facilities for the Not-to-Exceed Amount $300,000.00 for a Five-Year Period Subject to the Annual Appropriation of Funds (Staff Contact: Roger Lee, Interim Public Works Director, 408-586-2602; and Chris Schroeder, Purchasing Agent, 408-586-3161)
Recommendation: Approve and authorize the City Manager to execute a general services agreement with Banner Pest Services to provide pest control services at various city facilities for the not-to-exceed amount $300,000.00 for a five-year period subject to the annual appropriation of funds.

C8. Introduce Ordinance No. 65.152 Adopting by Reference the 2022 California Building Codes with Amendments and Set a Public Hearing on December 6, 2022 for Adoption of the Ordinance (Staff Contact: Bill Tott, Building Official, 408-586-3263) Recommendation: (1) Following the City Attorney’s reading of the title, move to waive the first reading beyond the title and introduce Ordinance No. 65.152 amending Chapters 3, 3.5, 4, 5, 6, 7, 10,14,150, and 170 of Title II of the Milpitas Municipal Code relating to adopting by reference the 2022 California Building Code, 2022 California Residential Code, 2021 International Property Maintenance Code, 2022 California Mechanical Code, 2022 California Electrical Code, 2022 California Plumbing Code, 2021 International Swimming Pool and Spa Code, 2022 California Existing Building Code, and 2022 California Historical Building Code, with amendments; and (2) Set a public hearing on December 6, 2022, pursuant to California Government Code Section 50022.3, for adoption of the Ordinance.

C9. Introduce Ordinance No. 113.26 Adopting by Reference with Certain Local Amendments the 2022 Edition of the California Fire Code and Set a Public Hearing for December 6, 2022 (Staff Contact: Arthur Belton, Deputy Fire Chief / Fire Marshal, 408-586-3384) Recommendation: (1) Following the City Attorney reading aloud the title, waive the first reading beyond the title of Ordinance No. 113.26; (2) Move to introduce Ordinance No. 113.26, to be enacted as Chapter 300, Title V of the Milpitas Municipal Code; and (3) Set a public hearing for Tuesday, December 6, 2022 at 7:00 p.m. in the Milpitas City Council Chambers to consider adoption of 3 October 18, 2022 Milpitas City Council Agenda Page 4

Ordinance No. 113.26, adopting by reference with certain local amendments the 2022 Edition of the California Fire Code.

C10. Approve and Authorize the City Manager to Execute the Improvement Agreement with Parktown Plaza Pak, LLC, for the completion of Offsite Public Improvements Located at 1400 S. Park Victoria Drive Associated with Site Development Permit (SD1300014) and Conditional Use Permit (UP14-0002) (Staff Contact: Steve Erickson, Engineering Director / City Engineer, 408- 586-3301; and Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Recommendation: Approve and authorize the City Manager to execute the Improvement Agreement with Parktown Plaza Pak, LLC, for the completion of offsite public improvements located at 1400 S.

Park Victoria Drive associated with Site Development Permit (SD1300014) and Conditional Use Permit (UP14-0002).

C11. Adopt a Resolution Approving a Site Development Permit to Allow Development of a New 5,602- Square Foot, 1.5-story Single-Family Residence and a Planned Unit Development (PUD) Amendment to Deviate from the Previously Approved PUD Architectural Standards, on a Vacant

1.135-acre Lot Located in the R1-H Single-family Residential Zoning District with a Hillside Combining District at 1333 Terra Vista Court (PUD No. 68 – Countryside Estates Subdivision, Lot 2) (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Recommendation: Adopt a resolution approving Site Development Permit No. SD21-0009 and PUD Amendment Permit No. PA21-0002, subject to the attached Conditions of Approval, for a new 5,602- square foot, 1.5-story single-family residence on a vacant 1,135-acre lot locate in the R-1-H Single- Family Residential Zoning District with an -H Hillside Combining District at 1333 Terra Vista Court (Countryside Estates, Lot 2) and making findings of CEQA exemption.

C12. Adopt a Resolution Approving the Revised Policy on Discontinuance of Residential Water Service (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Recommendation: Adopt a resolution approving the Revised Policy on Discontinuance of Residential Water Service.

PUBLIC HEARINGS (7:45 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. Conduct a Public Hearing and Introduce an Ordinance Amending Sections of Chapter 10, Title XI (Zoning) of the Milpitas Municipal Code Relating to Definitions and Regulations for Commercial Service Land Uses (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; and (3) Move to waive the first reading beyond the title and introduce an Ordinance amending sections of Chapter 10 of Title XI (Zoning) of the Milpitas Municipal Code relating to Definitions and Regulations for Various Types of Commercial Service Land Uses 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).

14. Grant Funding from the California Department of Housing and Community Development (HCD) for the Permanent Local Housing Allocation (PLHA) and Budget Amendments (Staff Contact:

Alex Andrade, Economic Development Director, 408-586-3046 and Sarah Balcha, Senior Administrative Analyst, 408-586-3268)
4 October 18, 2022 Milpitas City Council Agenda Page 5

Recommendation: Continued to the Regular City Council meeting on November 1, 2022.

COMMUNITY DEVELOPMENT (8:45 PM)

15. Introduce Ordinance No. 65.153 Adopting by Reference the 2022 California Energy Code, Introduce Ordinance No. 65.154 Adopting by Reference the 2022 California Green Building Standards Code with Amendments, and Set a Public Hearing on December 6, 2022 for Adoption of the Ordinances (Staff Contact: Bill Tott, Building Official, 408-586-3263) Recommendation: (1) Following the City Attorney’s reading of the title, move to waive the first reading beyond the title and introduce Ordinance No. 65.153 amending Chapter 11 of Title II of the Milpitas Municipal Code adopting by reference the 2022 California Energy Code; (2) Following the City Attorney’s reading of the title, move to waive the first reading beyond the title and introduce Ordinance No. 65.154 amending Chapter 19 of Title II of the Milpitas Municipal Code adopting by reference the 2022 California Green Building Standards Code with amendments; and (3) Set a public hearing on December 6, 2022, pursuant to California Government Code Section 50022.3, for adoption of the ordinances.

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE (insert time)

16. Approve the Youth Scholarship Program City Council Policy (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Recommendation: Approve the Youth Scholarship Program City Council Policy.

ADJOURNMENT (10:00 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 at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.

5 MILPITAS CITY COUNCIL CALENDAR
October 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 10:00 AM-Filipino
American History
Month Flag Raising
(Cesar Chavez
Plaza)
2 3
4:00 PM-Special Economic
Development and Trade
Commission (KD)
7:00 PM-Parks, Recreation &
Cultural Resources Commission
(CM)

4 7:00 PM-City Council

5 2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM)
5:30 PM-Veterans Commission
(RT)
7:00 PM-Community Advisory
Commission (EC)
6 5:30 PM-Milpitas Chamber of
Commerce Board (EC)
5:30 PM-Santa Clara VTA Board
of Directors (CM)

7 8

9 10

11 4:00 PM-Milpitas HOPE Suicide
Prevention Task Force

12 4:00 PM-Transportation
Subcommittee (RT/CM)
7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
(Cupertino)
7:00 PM-Planning Commission

13 4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
6:00 PM-Youth Advisory
Commission (EC)
6:00 PM-Cities Assoc of SCC
Legislative Action Committee
(CM)
7:00 PM-Cities Assoc of SCC
Board of Directors (CM)
14 4:00PM-8:00PM -Art
Walk @ Murphy Park
*4:30 PM-City Council
Finance Subcommittee
(RT/CM)

15 10:00AM-
Montague
Pedestrian
Overcrossing Mural
Unveiling
11:00 AM-Park
Clean Up @
Cardoza Park
2:00PM-Phantom
Art Gallery (Library)
16 17
7:00 PM-Science, Technology,
and Innovation Commission (RT)

18 7:00 PM-City Council

19 6:00 PM-Energy and
Environmental Sustainability
Commission (EC)

20 8:30 AM-Fire Station #2 Grand
Opening
10:00 AM-VTA Congestion
Mgmt Prog. Planning (CM)
10:30 AM-Quarterly South Bay
Odor Stakeholders Group
Meeting (RT)
7:00 PM-CEDAW Task Force
Meeting (KD)
21 22
10:00 AM-
1:00PM-Pumpkins
in the Park @
Cardoza Park
23 24

25 1:30 PM-Senior Advisory
Commission (EC)
3:30 PM-Odor Reduction Ad Hoc
Subcommittee (RT/CM)

26 12:00 PM-Valley Water: Water
Commission Meeting (CM)
5:00 PM-Alviso Adobe Ribbon
Cutting Ceremony
5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission {tent} (AP)
7:00 PM-Planning Commission
27 12:00 PM-SCC Library JPA
Board of Directors Mtg (EC)

28 29
3:00 PM-7:00PM-
Dia de los Muertos
@ Cardoza Park
30 31

*Finance Subcommittee will meet only as needed
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

November 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

6 Item # C1.

Milpitas City Council Calendar
November 2022

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 ?:00 PM-Closed Session
7:00 PM-City Council

2 10:00 AM-McCandless Park
Playground Ribbon Cutting
2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM) (Santa Clara)
7:00 PM-Community Advisory
Commission (EC)

3 5:30 PM-Santa Clara VTA Board
of Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (EC)

4 5

6 7
7:00 PM-Parks, Recreation &
Cultural Resources Commission
(CM)

8 4:00 PM-Milpitas HOPE Suicide
Prevention Task Force

9 7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
(Hybrid Meeting)

10 1:30 PM-SCC Emergency
Operational Area Council Meeting
(CM)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
4:00 PM-Treatment Plant
Advisory Committee (CM)
6:00 PM-Youth Advisory
Commission (EC)
6:00 PM-Cities Assoc of SCC
Legislative Action Comm (CM)
7:00 PM-Cities Assoc of SCC
Board of Directors Mtg (CM)
11 CITY HALL CLOSED IN

OBSERVANCE OF VETERANS DAY
Veterans Day Ceremony taking
place at Veterans Plaza at 9am

12 13

14 4:30 PM-Economic Development
and Trade Commission (KD)

15 ?:00 PM-Closed Session
7:00 PM-City Council

16 6:00 PM-Energy and
Environmental Sustainability
Commission (EC)

17 10:00 AM-VTA Congestion
Mgmt Prog Planning Comm (CM)
6:30 PM-Bay Area Water Supply
Conserv Agency (CM) (Oak Room
- San Mateo Main Library)
7:00 PM-Public Safety and
Emergency Preparedness
Commission (KD)
18 19

20 21
7:00 PM-Library and Education
Commission (EC) (Milpitas Public
Library)
7:00 PM-Science, Technology &
Innovation Commission (RT)

22 23
4:00 PM-Silicon Valley Regional
Interoperability Authority
(SVRIA) (KD)
7:00 PM-Planning Commission

24 25

CITY HALL CLOSED FOR THANKSGIVING
26 27

28 7:00 PM-Arts Commission (RT)

29 30
2:00 PM-VTA North East City
Group Briefing (CM)

Finance Subcommittee will meet only as needed
October 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
December 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

7 Item # C1.

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

October 4, 2022 Milpitas City Council Minutes Page 1

M I NU TE S
TUESDAY, OCTOBER 4, 2022

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 Guzzetta.

PRESENT: Mayor Tran, Vice Mayor Montano (7:07 PM), Councilmembers Chua, Dominguez, and Phan.

ABSENT: None.

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

INVOCATION
Councilmember Chua presented a video from the St. John the Baptist School Choir.

PRESENTATIONS
Mayor Tran presented proclamations in recognition of Fire Prevention Week, Indigenous Peoples’ Day, Hindu Heritage Month, and California Clean Air Day.

PUBLIC FORUM

The following people spoke under Public Forum:

1. Barbara Curry

2. Penny Alexa

3. Voltaire Montemayor

4. Mary Beth Bykowsky

5. Inderjit Mundra

6. Barbara Jo Navarro

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Councilmember Chua thanked the Milpitas Police Department for the Public Service Announcement on package theft and thanked staff for their work on the Filipino American History Event last week.

Councilmember Phan also offered thanks to the Milpitas Police Department and congratulated City Clerk Guzzetta on her appointment.

8 Item # C2.

October 4, 2022 Milpitas City Council Minutes Page 2

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 October 4, 2022 Regular Meeting Agenda.

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

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

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

C1. Receive City Council Calendar of Meetings for October 2022 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the City Council Calendar of Meetings for October 2022.

C2. Approve City Council City Council Regular Meeting Minutes of September 20, 2022 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved the City Council Regular Meeting minutes of September 20, 2022.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, 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 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Reviewed the list of items that have been requested by City Councilmembers and provided direction to staff as necessary.

C5. 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)
9 Item # C2.

October 4, 2022 Milpitas City Council Minutes Page 3

Reconfirmed findings and determinations under Resolution No. 9165 and Assembly Bill 361 for the continuation of virtual meetings of the City Council and Legislative Bodies.

C6. Consider the Recommendation from Mayor Tran for Appointment to City Commissions (Contact: Mayor Tran, 408- 586-3029)
Received the recommendation from Mayor Tran and approved appointments to City Commissions.

Energy and Environmental Sustainability Commission:

1. Revise appointment of Carmelo Coronel to Alternate # 2 with an unexpired term ending October 2024.

Arts Commission:

1. Reappoint Joyita Ghose to a term ending October 2025.

2. Promote Jamie Hekkelman from Alternate No. 1 to the vacant seat with an unexpired term ending October 2024.

3. Appoint Mona Sampath Khan as Alternate No. 1 with a term ending October 2025.

4. Appoint Kenneth Truong to the Calaveras Hills High School Student seat with an unexpired term ending October 2023.

C7. Waive the Second Reading and Adopt Revised Ordinance No. 38.846 Amending Sections of Chapter 10, Title XI of the Milpitas Municipal Code Relating to Non-Residential Building Heights in the C2 General Commercial, HS Highway Services, and TC Town Center Zoning Districts (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Waived the second reading and adopted Ordinance No. 38.846 amending sections of Chapter 10 of Title XI of the Milpitas Municipal Code relating to maximum building heights in certain zoning districts C8. Report on Bids and Award Construction Contract to Mercoza, Inc. in the Amount of $344,928.00 for the Annual Sidewalk, Curb, and Gutter Repair Project (Staff Contacts: Roger Lee, Interim Public Works Director, 408-586-2602; and Chris Schroeder, Purchasing Agent, 408-586-3161) Received report on bids and awarded a construction contract to the lowest responsible and responsive bidder, Mercoza Inc., in the amount of $344,928.00 for the Annual Sidewalk, Curb, and Gutter Repair Project; and authorized the City Manager to negotiate and execute contract change order(s) in an aggregate amount not to exceed $35,000.00.

C9. Adopt a Resolution Accepting and Authorizing the City Manager to Execute a Sole Source Purchase for Procurement of six (6) LIFEPAK 15 V4 Monitor/Defibrillators from Stryker Sales Corporation in the Amount of $220,107.43, Net of Credit (Staff Contact: Brian Sherrard, Fire Chief, 408-586-2811; and Kenju Suzuki, EMS Battalion Chief, 408-586-2824) Adopted Resolution No. 9192 accepting and authorizing the City Manager to execute the Sole Source Purchase of six (6) LIFEPAK 15 V4 Monitor/Defibrillators with Stryker Sales Corporation in the amount of $220,107.43, net of credit; and approved a budget appropriation into the Fire Department’s FY 2022- 23 operating budget.

C10. Authorize the City Manager to Execute a Contract with Colliers Parrish International Contract for Real Estate Services (Staff Contact: Alex Andrade, Director of Economic Development, 408-586- 3046)
Authorized the City Manager to execute a contract with Colliers Parrish International for real estate services related to the disposition of property located at 1432-1446 South Main Street, for a fee of four percent (4%) of the final gross sales price.
10 Item # C2.

October 4, 2022 Milpitas City Council Minutes Page 4

C11. Accept Funding from the Association of Bay Area Governments (ABAG) for the Management of the Regional Early Impact Planning (REAP) Grant (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046; and Robert Musallam, Housing and Neighborhood Services Administrator, 408-586-3275)
Authorized the City Manager to accept grant funding from the Association of Bay Area Governments (ABAG) for the Management of the Regional Early Impact Planning (REAP) Grant and approved related budget amendments for revenue in the amount of $142,718.00 ($62,823 for FY21-22 and $79,895 for FY22-23).

C12. Adopt a Resolution to Amend the City of Milpitas Classification Plan to Establish the Position of Risk Analyst and Modify the Salary Schedule Titled “All Job Classifications/Salary Table” to Include the Salary Range for this Classification (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053; and Jeannine Seher, Human Resources Director, 408-586-3086) Adopted Resolution No. 9193 amending the Classification Plan to establish the position of Risk Analyst and amending the Salary Schedule titled “All Job Classifications/ Salary Table” to include the salary range for this classification.

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE

13. Proposed Revisions to the City Council Policy for Donations for City Parks and Recreation and Community Services Programs (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Recreation and Community Services Director Lorentzen presented the report.

There were the following speakers:

1. Voltaire Montemayor
Mayor Tran moved to approve proposed revisions to the City Council Policy for Donations for City Parks and Recreation and Community Services Programs.

Councilmember Chua asked for clarification on how community services programs are defined and requested councilmember fundraising be included in the policy.

Recreation and Community Services Director Lorentzen noted that the fundraising completed by Councilmember Chua for emergency motel stays in 2021 was previously approved under the budget guidelines for accepting grants and donations as they fell under the threshold for the City Manager’s authority, but the donation went before City Council for acceptance because it would require additional Recreation and Community Services Department staff oversight. Mayor Tran agreed to accept the amendment to the motion.

After Finance Director Lai noted that the proposed policy is specific to recreation programs and confirmed that there is an internal procedure to receive grants under the City Manager threshold, Councilmember Chua withdrew the recommended amendment to the motion.

Deputy City Manager Rossmann stated that any FPPC reporting requirements for councilmember fundraising should be included in administrative policies and proposed to work with the City Attorney.

Vice Mayor Montano suggested that the Milpitas Housing Department or MAP would be the best area to assume responsibility, and recommended the policy be revised to include recognition of donations greater the $100,000.00.
11 Item # C2.

October 4, 2022 Milpitas City Council Minutes Page 5

Councilmember Dominguez asked staff to include fundraising reports on the City website.

Councilmember Chua requested staff clarify language on reporting fundraising to the City Clerk to clearly define the event that triggers the deadline to report.

After discussion, motion: to approve proposed revisions to the City Council Policy for Donations for City Parks and Recreation and Community Services Programs.

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

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

LEADERSHIP AND SUPPORT SERVICES (8:15 PM)

14. Receive an Update on the American Rescue Plan Act and Provide Direction to Staff (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053; and Lauren Lai, Director of Finance, 408-586-3111)
There were the following speakers:

1. Voltaire Montemayor

2. Alex Caraballo
Councilmember Chua recommended transferring additional funds to the catalytic converter program.

Assistant City Manager Kantak indicated that the request could be brought back with the Mid-Year Budget in February.

Councilmember Phan asked for a status update on ARPA money allocated to the Milpitas Chamber of Commerce. Assistant City Manager Kantak responded that an update will be provided as soon as the City received the requested information.

Councilmember Phan expressed doubts with the Chamber of Commerce’s ability to respond to the request for information and asked Council to consider rescinding ARPA funding for the Chamber of Commerce.

ADJOURNMENT

Mayor Tran adjourned the meeting at 8:47 PM

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

12 Item # C2.

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 10/13/2022

November 1, 2022 – 1st Tuesday

CLOSED SESSION

INVOCATION (assigned to Mayor Tran)

PRESENTATION

CONSENT CALENDAR

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

2. Approve City Council Meeting minutes of October 18, 2022 (City Clerk)

3. Preview list of items for November 15, 2022 (City Clerk)

4. Councilmember Request List (City Clerk)

5. City Commission Appointments (City Clerk)

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

7. Citywide Asphalt Concrete Repairs Project Award of Contract (Public Works)

8. Website Contract (Information Technology)

9. Storm Drain Fee Analysis Agreement (Public Works)

10. Bulletproof Vest Partnership Grant (Police)

PUBLIC HEARING

11. Public Hearing and Adoption of Objective Design Standards (Planning)

12. Adopt a Resolution Denying a Site Development Permit, PUD Amendment Permit, and Zoning Variance to Develop a New Two-Story Single-Family Home and to Deviate from the Approved Designs, on a Vacant 1.1394 Acre Lot Located in the R1-H Single-Family Residential Zoning District with a Hillside Combining District at 1339 Terra Vista Court (Planning)

13. Grant Funding from the California Department of Housing and Community Development (HCD) for the Permanent Local Housing Allocation (PLHA) and Budget Amendments (Housing)

COMMUNITY DEVELOPMENT

COMMUNITY SERVICES

14. Approve Revisions to the Speed Hump City Council Policy (Engineering)

PUBLIC SAFETY

LEADERSHIP

REPORTS
13 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 Attorney or City Manager draft a written policy
regarding foreign language spoken at the dais Chua 9/20/2022 Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
2 City Manager to look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center Chua 9/20/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
3 City Manager to create a PSA (public service
announcement) on best practices to prevent
package theft for residents Chua 9/20/2022
Staff responded via email on September 23,
2022.
4 Staff look into construction in the Sunnyhills area Dominguez 9/20/2022 Staff is following up on this request and will
send a status update to Council
5 Share or develop a City policy for Flag Raising
Ceremonies including procedure for presentation of
the colors and performance of the national anthem Dominguez 9/20/2022 Staff responded via email on September 27,
2022.
6 Schedule an additional ADU workshop Chua 9/6/2022 Staff is evaluating this request 7 Waiver for the Halloween Event sponsored by
Sunnyhills Neighborhood Association Dominguez 9/6/2022
The City Council approved the fee waiver at
the 9/20/22 City Council meeting
8 City Attorney investigate moving the City Clerk’s
office into a direct report to the City Council. Chua 8/16/2022 The City Attorney issued a memorandum to
the City Council on August 30, 2022.
9 City Manager or Deputy City Manager to look into
underutilized areas of parks or a portion of parks not
being used and develop for use in the future. Chua 8/16/2022 Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
10 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and
Adobe Montano 8/16/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
11 City Manager look into implementing a workshop for
small businesses on the bidding process for
projects in the city Chua 8/9/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
12 Memory bench at Sunny Hills Park for one of the
founders, Dave Vohlberg, and to explore other
historical plaques or benches to remember our
history Tran 8/9/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
13 Review of the Milpitas Chamber of Commerce
previously approved request for funding including a
financial report dating back 12 months and the
workplan for the Art & Wine Festival Tran 8/9/2022
Staff is working with the Chamber to obtain
the requested documentation
14 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
PD will present quarterly reports starting in
November 2022.

OPEN ITEMS
NOTE: Deferred and Completed Items are not listed14
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:
15 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.
16 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 presented a draft
Council Policy for this program on September
6, 2022 and will return with an updated Policy
based on Council discussion at the October
20, 2022 Council meeting.
17 Request for Crossing Guards at McCandless and
Montague Expressway and review wages for
Crossing Guards Montano 4/5/2022
Staff is in the middle of a citywide traffic
study, which includes school aged pedestrian
counts around schools in the City including
the McCandless and Montague Expressway
intersection.
18 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 COVID-
19 cases
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
19 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022
20 Prepare Vision Zero Action Plan Tran 6/7/2022
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022
21 Explore the policy for locking mechanisms on
shopping carts for large commercial businesses Tran 4/19/2022 Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022
22 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking
areas Chua 4/5/2022
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022
23 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

ACTIVE ITEMS
NOTE: Deferred and Completed Items are not listed15
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:
24 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 Approved during Spring Quarterly City
Council Workplan Items Prioritization
Discussion on 5/03/2022.
25 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.
26 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;
27 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
28 Request for the City to make the temporary third-
party 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
29 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.
30 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
31 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
32 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.
33 Look into opening up the Senior Center on
Saturdays for half a day Chua 8/5/2021
This three-month pilot was kicked off on
Saturday Sept. 10.
34 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
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.

NOTE: Deferred and Completed Items are not listed16
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:
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.
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 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. Lit-
up signs mounted on the building are
scheduled to be installed by the end of
December 2022
39 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.

Council received a follow-up presentation
from staff on 6/21/22 and provided direction
on establishing a local tobacco retail
permitting program and regulating tobacco
retail locations and the sale of flavored
tobacco and electronic cigarette products in
Milpitas. Staff is now coordinating with the
Santa Clara County Department of
Environmental Health (DEH) to set up the
program, and those arrangement will be
brought back to the Council in early 2023.
40 Review City policy on speed bumps Tran 12/15/2020
Staff is scheduled to bring forward revisions
to the Policy at the 01/01/2022 City Council
meeting based on input from the
Transportation Subcommittee.
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 listed17
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:

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. The first reading of the ordinance was
approved at the Sept. 6, 2022 City Council
meeting.

Local Boy Scouts Fee Waiver for Eagle Scout
Ceremony Tran 6/7/2022
Through the sponsorship of the Milpitas
Rotary Club the Boy Scouts received the
resident rental rates; however, the Rotary
Club did not sponsor the Boy Scouts for a fee
waiver request.

City Staff apply for the "Better Cities for Pets"
Certification Tran 6/21/2022
This item did not move forward as part of the
next City Council additional workplan items
prioritization in August/September
Explore the use of roundabouts as a traffic calming
mechanism Dominguez 4/19/2022
This item did not move forward as part of the
next City Council additional workplan items
prioritization in August/September
Consider policies to regulate automated equipment
that would replace a position typically filled by an
employee. Phan 4/19/2022
This item did not move forward as part of the
next City Council additional workplan items
prioritization in August/September
City to highlight mental health resources on the
website Dominguez 8/17/2021
Staff issued an Information Memorandum on
August 1, 2022
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
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.

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
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
Staff issued an Information Memorandum on
August 12, 2022. At the gun buyback event
held on May 22, 2022, ghost guns were
bought back for $200 vs. handguns and rifles
for $100.

NOTE: Deferred and Completed Items are not listed18
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
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
Waive fees for family fundraiser at Milpitas Skate
Park Dominguez 6/14/2022
Staff facilitated the renting of requested City
facilities; however, the applicant was not
eligible for receiving a fee waiver.

Agendize a Flag Raising for India Independence
Day Tran 6/14/2022 Item added to 6/21/22 Consent Calendar Letter from City Council opposing AB 2181
(Berman) regarding VTA's Board Composition Tran 6/7/2022 Per the email sent to Council on 6/17/2022,
consistent with the Council approved
Legislative Advocacy Policy, Mayor Tran
signed a letter opposing the legislation unless
amended.

Explore increasing the
Conferences/Meetings/Memberships allowance for
each Councilmember to $10,000 Chua 5/17/2022
On 6/07/22, City Council did not approve
increasing the allowance as part of the
adoption of the FY 2022-23 Budget; however,
Council provided direction to review funding
need as part of the FY 2022-23 mid-year
budget review.

Science, Technology, and Innovation Commission
agendize and explore a comprehensive internet
connectivity plan. Tran 5/3/2022
Item will be agendized for discussion at June
STI Commission meeting
Consider funding to implement and create a
homelessness encampment response team to be
dispatched to encampment sites to address
concerns, talked about creating a position to provide
mental health assistance, and would like this to be
brought back for discussion at the budget meeting Dominguez 3/15/2022 Direction from Council to bring forward as
part of FY 22-23 budget discussion; at the
May 10 Budget Study Session Council did not
direct to do any further work on this item.

Consider expanding the Fee Waiver Policy eligibility
to non-profit organizations outside of Milpitas but
the events are specific to Milpitas residents Chua 3/15/2022 Council approved the policy revision at the
June 21, 2022 City Council meeting
Designate the California Oak Tree as the City’s
official heritage tree Montano 2/1/2022 Council approved at the 6/7/2022 meeting.

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 COVID-
19 cases
Bring back a conversation in the budget meeting to
fund “walking beats” in the commercial and high
crime areas Dominguez 4/5/2022
At the 4/5/2022 City Council meeting, this
item was discussed and there was direction
from Councilmember Dominguez to work with
the City Manager to find funding sources
NOTE: Deferred and Completed Items are not listed19
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
Fee waiver for the Filipino American South Bay
Community to hold pop-up resource fair at a City
Park Dominguez 3/1/2022
Staff engaged organizers of the event; event
was held on June 19; organizers did not
request a fee waiver
Agendize an update to the Lobbyist Ordinance for
the next meeting Chua 3/1/2022
Discussed at 3/15 City Council Meeting; At
the 3/15/2022 Council Meeting, City Attorney
was directed to bring back a proposed
ordinance amendment for further discussion;
Council approved the ordinance on 6/7/2022
Requested an agenda item on November 2 Council
meeting allowing the Council to rescind direction
given to 1355 California Circle and include direction
to allow the project application to move forward
without being tied to a specific plan Chua 10/19/2021
At the 1/18/2022 council meeting, Council
voted 4-1 to rescind the direction and direct
staff and the application to explore option one
in the presentation to amend the General
Plan and remove Council policy for the
preparation of a Specific Plan
Requested staff work with the Vice Mayor and
Mayor to explore and discuss building height limits
near the hillside by January 2022 Tran 9/21/2021
Approved to move forward at the 1/11/2022
Council meeting; l scheduled for 6/21/2022
Work with the school district to have a contest to
create art murals for the pillars on Main Street Montano 9/7/2021 Approved to move forward at the 1/11/2022
Council meeting; funding allocated to Great
Mall Pkwy. VTA pillar murals
Look into how the City can be a resource for small
businesses to help guide them on what to do in
terms of ADA (Americans with Disabilities Act)
requirements due to the quick changes made to
facilities during the pandemic Chua 8/5/2021
SVEDA/SV Joint Venture hosted the “SV
Small Businesses & ADA Compliance”
webinar on 11/3/21. Several Milpitas
business reps, & staff from Econ. Dev. &
Building participated. Staff met with reps from
CA Comm. on Disability Access to discuss
business education & outreach.

Discussion in the next fiscal year, to have a sliding
scale permitting program for seniors and low-
income residence for necessary safety renovations Tran 5/4/2021 8/09/2021 Council voted 5-0 to move this
item forward and modify the existing Milpitas
Assistance program to include seniors; Staff
will bring this item for funding consideration
as part of the FY 2022-23 budget process
Discussion to reduce the City’s Senior Center
facilities deposit Montano 5/4/2021
8/09/2021 Council voted 5-0 to refer this item
as part of the development of the FY 2022-23
Master Fee Schedule; Council approved the
item on 4/19/22 as part of the Master Fee
Schedule
NOTE: Deferred and Completed Items are not listed20
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
Staff to look into creating a rose garden with a
children’s memorial site Montano 4/6/2021
8/09/2021 Council voted 4-1 to discuss
details with Vice Mayor Montano and refer
this item as part of the development of the
2023-2027 CIP; The funding for this project
will be included in the 2023-2027 Capital
Improvement Program scheduled for
adoption on May 3, 2022. Discussed at the
May 3 meeting funding was reallocated to the
Softball Field project
Staff to look into creating “Welcome to Milpitas”
signs in key areas of in the City Montano 4/6/2021
8/09/2021 Council voted 5-0 to move this
item forward and Council provided direction
that the signs should align with the efforts
currently underway with the Metro Plan and
Main Street Gateway Specific Plan process
and work with private development. Staff was
directed to work with Vice Mayor on additional
clarification. In November, Vice Mayor
Montano noted a preference for a location on
South Main Street. This project will be added
to unfunded project list of the 2023-2027 CIP
to allow time for staff to research potential
grant funding and outreach to local business
and service clubs.

Staff to provide information to place a measure on
the ballot to change the directly elected Mayor to a
rotational at-large position Tran 3/16/2021
To be brought forward in Spring of 2022,
once new City Attorney is in place; scheduled
for 3/15/2022; rescheduled for 4/05/2022;
discussed at the May 10 budget meeting and
had a consensus that they did not want to
move forward with a Mayoral ballot measure
NOTE: Deferred and Completed Items are not listed21
Item # C4.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Accept the FY 2021-22 Commissioners Annual Report for Seven (7) Commissions and Oversight Committee and Approve Seven (7) Commission and Oversight Committee Work Plans for FY 2022-23 (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053; and Walter C. Rossmann, Deputy City Manager, 408- 586-3012)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 10/18/2022
Recommendation: (1) Accept the 2021-22 Commissioners Annual Report; and (2) Approve proposed Fiscal Year 2022-23 Work Plans for (a) Community Advisory Commission, (b) Economic Development and Trade Commission, (c) Energy and Environmental Sustainability Commission, (d) Planning Commission, (e) Public Safety and Emergency Preparedness Commission, (f) Science, Technology, and Innovation Commission, and (g) Measure F Oversight Committee.

BACKGROUND:

The City of Milpitas has 12 Commissions, including the Measure F Oversight Committee, appointed by the Mayor and City Council. On April 16, 2019, the City Council approved the City of Milpitas Standard Commission By-Laws (By-Laws). Per Section 1, titled “Purpose” of the By-Laws, “A Commission serves as an active advisory group to the City Council on a variety of topics as directed by the City Council.” Therefore, annually, City Commissions develop and recommend a work plan to outline tasks, goals, and or projects related to their advisory area. Staff works with commissions to develop their respective workplans and takes them to Council for review and approval.

ANALYSIS:

The Community Advisory Commission; Economic Development and Trade Commission; Energy and Environmental Sustainability Commission; Planning Commission; Public Safety and Emergency Preparedness Commission; Science, Technology and Innovation Commission; and Measure F Oversight Committee (Commissions) meet at different frequencies such as monthly, bi-monthly, or specially designated months as determined by their By-Law addenda. Commissions began meeting and discussing their FY 2022-23 workplans and have prepared new work plans that may include items from the previous year’s plan that were unaccomplished. All Commissions identified work plan items in their FY 2021-22 work plans they would like to carry forward to their FY 2022-23 work plans. Each Commission reviewed tasks from their 2020-21 Work Plans and categorized them as either “Accomplished” or “Carryover.” Those tasks are reported in the Commissioners Annual Report Information Memorandum, which is included as an attachment for this item. Carryover tasks in the Annual Report are included in each Commission’s proposed 2022-23 Work Plans.

FISCAL IMPACT:

Each Commission is allocated $1,000 annually by the City Council in the adopted budget. These funds are budgeted and approved as part of the FY 2022-23 budget and are to be used towards City Council approved tasks and projects, and administrative costs related to the Commission.

California Environmental Quality Act (CEQA):

By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.

RECOMMENDATION:

1. Accept the 2021-22 Commissioners Annual Report

2. Approve proposed Fiscal Year 2022-23 Work Plans for: 22 Item # C5.

a. Community Advisory Commission
b. Economic Development and Trade Commission
c. Energy and Environmental Sustainability Commission
d. Planning Commission
e. Public Safety and Emergency Preparedness Commission
f. Science, Technology and Innovation Commission
g. Measure F Oversight Committee

Attachment(s):

1. 2021-22 Commissioners Annual Report

2. Community Advisory Commission

3. Economic Development and Trade Commission

4. Energy and Environmental Sustainability Commission

5. Planning Commission

6. Public Safety and Emergency Preparedness Commission

7. Science, Technology and Innovation Commission

8. Measure F Oversight Committee
23 Item # C5.

Office of the City Manager

DATE: October 14, 2022

TO: Mayor and Councilmembers

THROUGH: Steve McHarris, City Manager

FROM: Ashwini Kantak, Assistant City Manager

SUBJECT: City Commissions Annual Report FY 2021-22

This memo is to update and inform City Council on seven (7) individual City Commission s and Committee (Commissions) annual work plan accomplishments from FY 2021-22, and those tasks and goals that are proposed to carry over to the Commission and Committee work plans for FY2022-23.

Background
The City of Milpitas has 13 Commissions, each comprised of seven (7) commissioners and two (2) alternates; except for the Planning Commission which has no alternates, and the Parks, Recreation and Cultural Resources Commission which has nine (9) commissioners. Per the City of Milpitas Commission By-Laws Section 1., Purpose, “A Commission serves as an active advisory group to the City Council on a variety of topics as directed by the City Council.” Annually, City Commissions develop and recommend a work plan to accomplish tasks, goals, and or projects related to their advisory area. Those work plans are reviewed and approved by City Council.

Commissions meet at different frequencies such as monthly, bi-monthly, or specially designated months as determined by their By-Law addendums. Commissions began meeting and discussing their FY2022-23 workplans in summer 2022 and have prepared new work plans that include items from the previous year’s plan that were unaccomplished. The FY 2022-23 workplans for seven (7) Commissions (see listing below) were released as part of the October 18 City Council meeting agenda packet.

Below please find seven (7) Commissions accomplishments and proposed carryover items from FY2021-22 to the FY2022-23 work plan.

24 Item # C5.

Accomplishments and Continued Items

Community Advisory Commission
The Community Advisory Commission (CAC) serves as an advisory body on matters affecting Milpitas residents, especially those relating to community improvement. The CAC also evaluates and makes recommendations to the City Council on diverse issues including City-wide beautification, which includes community and neighborhood clean-ups and reviewing issues related to neighborhood abatement. CAC also advises City Council on recommended funding for the annual Community Development Block Grant program.

The Community Advisory Commission made great progress towards their FY 2021-2022 workplan.

Accomplishments include providing valuable feedback on what priorities/areas they believe the City Council should focus on funding with Community Development Block Grant (CDBG) funds, coordinating a successful Spring-Cleaning Day event, and assisting with community outreach during Affordable Housing and Building Safety Month. National Night Out and the Neighborhood Beautification Awards will be deferred to next year due to ongoing COVID-19 concerns.

FY 2021-22 Work Plan Item Accomplished Carryover Notes
Consolidated Plan & CDBG
public meeting process X
Commissioners provided
feedback on their top priorities
for CDBG funding during the
April 7th meeting and a CAC
Special Meeting on April 19th.

Council approved the final
allocation in June 2021.

Spring Cleaning Day X
Spring Cleaning Day was
delayed but the event was held
at the Mobilodge on September
24, 2022.

National Night Out X Deferred due to COVID-19
Neighborhood Beautification
Awards X Deferred due to COVID-19
Community Engagement
& Affordable Housing
and Building Safety
Month
X
Conducted outreach to
community and held two
virtual workshops on
affordable housing and
building safety, as well as rental
assistance.

25 Item # C5.

City Commissions Annual Report FY 2021-22
October 14, 2022

Page 3 of 6 ends

455 E. Calaveras Blvd., Milpitas, CA 95035 www.ci.milpitas.ca.gov Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration

Economic Development and Trade Commission
The Economic Development and Trade Commission advises the City Council on business issues, cultivate international trade and commerce opportunities, and makes recommendations on the design, development, and implementation of economic development in Milpitas.

FY 2021-22 Work Plan Item Accomplished Carryover Notes
Economic Development Strategy X X
American Recue Plan Act
(ARPA) Economic Vitality
Framework
X X Small Business Assistance
Grant Program, Hotel
Assistance Grant Program,
and Milpitas Youth Force
Program have been
completed.

Workforce Development &
Education
X

X COVID-19 Workforce
Recovery Program
completed.

Innovation District X

Technical Report and
Action Plan completed.

International Trade & Commerce X

Programmatic efforts with
Mission College partnership
resulting in webinar series.

Manufacturing Day 2021

Event held on October 7,
2021.

Energy and Environmental Sustainability Commission
The Energy and Environmental Sustainability Commission (EESC) advises the City Council on matters pertaining to sustainability, climate action, recycling, and waste diversion.

FY 2021-22 Work Plan Item Accomplished Carryover Notes
Street Sweeping Pilot Program X Provided feedback on
Street Sweeping Pilot
Earth Day Event Planning X X Contributed to planning of the 2022 Earth Day Event
and Commissioners staffed
an educational table at the
event and distributed
Advanced Power Strips.

Will continue in 2023.

Advanced Power Strip
Community Engagement
X X Developed training and
engagement script for
Advanced Power Strip
education and community
engagement survey.

Staffed several events and
engaged with over 80
community members. Will
continue in 2023.

Odor Monitoring Study X Provided feedback on
26 Item # C5.

City Commissions Annual Report FY 2021-22
October 14, 2022

Page 4 of 6 ends

community odor monitoring
efforts and data dashboard
Climate Action Plan Update X Provided feedback at
multiple points of CAP
Update.

Legislative Review for Possible
Positions
X X Commission reviewed and
forwarded recommended
City take support positions
on 5 state bills.

Commission would like to
conduct this review
annually.

Planning Commission
As established under Chapter 500 of Title I of the Milpitas Municipal Code, the Planning Commission advises the City Council on issues and policies related to land use planning, zoning regulations, urban design, and community development. The Commission meets bi-monthly to review, consider, and discuss proposals for new development throughout the City, and it is empowered to make decisions on certain land use matters or to make formal recommendations to the City Council.

FY 2021-22 Work Plan Item Accomplished Carryover Notes
Development Review in matters
related to the General Plan, two
Specific Plans, Zoning Code,
Subdivision Ordinance, CEQA,
Tentative Maps, Planned Unit
Developments, Variances,
Special Studies and Reports,
Master Plans, and Appeals of
decisions by the Zoning
Administrator.

X X Ongoing; Commission
meets bimonthly, and
members prepare by
reading meeting packets,
conducting site visits, etc.

The Commission will
provide a recommendation
to the City Council on the
Housing Element in 2023.

Milpitas Metro Plan
(TASP Update)
X X Ongoing; Commissioners
received regular updates
on work by staff and the
consultant team on the
Metro Plan; Commission
will review the draft Metro
Plan and EIR and make a
formal recommendation to
the City Council.

Gateway/Main St. Specific Plan
(Midtown Update)
X Ongoing; Commissioners
received regular updates on
work by staff and the
consultant team on the
Gateway Plan and provide
input.

Zoning Ordinance Amendments
X Ongoing; The Commission
made recommendations to
the Council on six zoning
27 Item # C5.

City Commissions Annual Report FY 2021-22
October 14, 2022

Page 5 of 6 ends

ordinance amendments and
will receive regular updates
from staff and the consultant
team as the comprehensive
Zoning Ordinance Update
gets underway in early 2023.

Misc. Development
Policies
X Ongoing; The Commission
received presentations and
provided feedback to staff or
recommendations to the City
Council on policies related to
VMT, Objective Design
Standards, and Housing
Opportunity Zones, etc.

Annual CIP
Conformance with
General Plan
X X Annual: The Commission
received an annual report
from Engineering Dept. staff
and made findings and a
recommendation to the City
Council on CIP conformance
with the General Plan.

Public Safety and Emergency Preparedness Commission (PSEPC) The PSEPC advises the City Council regarding emergency preparedness and disaster planning.

FY 2021-22 Work Plan Item Accomplished Carryover Notes
Access & Functional Needs E-
Prep Program information
developed to public presentation.

X Ongoing: Brochure
developed in collaboration
with AFN agencies. Begin
presentations to community.

Multi-lingual E-Prep Program. X Ongoing: PowerPoint has been developed for
presentation to the Chinese,
Vietnamese, and Spanish
Community.

Business E-Prep Program X Ongoing: Presentations to
Chamber.

Emergency Preparedness Public
Education
X Ongoing: Attend community
events to continue Public
Education in Emergency
Preparedness.
28 Item # C5.

City Commissions Annual Report FY 2021-22
October 14, 2022

Page 6 of 6 ends

Science, Technology and Innovation Commission
The Science, Technology and Innovation Commission advises the City Council on matters of telecommunications policy, legislation, and implementation at the local, state, and federal levels. The Commission also considers and recommends information technology services that benefit the Milpitas community.

FY 2021-22 Work Plan Item Accomplished Carryover Notes
Digital Inclusion Strategy X Conducted Resident
Internet Usage Survey and
analysis.

Smart City Initiatives X X

Ongoing – Research,
explore various
technologies and
recommend Smart City
projects. Commission
received presentations on
various smart city projects
from commissioners and
City Staff.

IT Technology Projects X X Ongoing – Review and
provide feedback on
Technology Projects –
Cybersecurity initiatives,
Milpitas.gov domain
migration, Email Security

Measure F Oversight Committee
The Measure F Oversight Committee advises the Council by Committee motion regarding staff recommendations, a report furnished and approved by the Committee, and/or at a City Council meeting.

FY 2021-22 Work Plan Item Accomplished Carryover Notes
As part of the development of the
budget, review the projected
revenues and recommended
expenditures for the funds
generated by Measure F
X X Ongoing
Towards the end of the Fiscal Year
review status of programs and
services, funded wholly or partially
with proceeds from Measure F
X X

Ongoing

Receive presentation from the
City’s independent financial auditor
X X

Ongoing

Receive presentation from the
City’s sales and use tax consultant
X X

Ongoing

29 Item # C5.

MILPITAS COMMUNITY ADVISORY COMMISSION
FY 2022-2023 WORK PLAN
Work Plan Goals: Serve as an advisory body on matters affecting Milpitas residents, especially those relating to community improvement.

Topic/Advisory Area Tasks Required Resources Begin
Discussion Deadline

1. CDBG public meeting
process
Staff

1. Present informational workshop for
commissioners

2. Prepare application binders

3. Coordinate with CDBG applicants to attend
the meeting

CAC

1. Review prepared binders for a public
meeting

2. Make recommendations for CDBG funding
to the City Council

3. Receive periodic updates from staff
Time: Commission, Staff,
CDBG Applicants
Budget: Dinner,
refreshments
January March

2. Spring Cleaning Day

1. Commissioners discuss the location for the
event

2. Staff coordinates with community organizers
to present logistics for the event and
volunteers

3. Staff will coordinate trash receptacles and
other necessities for the event
Time: Commission, Staff,
Community Organizers
Budget: Outreach materials,
refreshments for volunteers,
certificates of appreciation
for volunteers
February May

3. National Night Out

1. Staff coordinates with Milpitas PD to
present about National Night Out

2. Commissioners discuss outreach strategies
for the event and determine areas to
engage
Time: Commission, Staff,
Police Department
Budget: Outreach materials,
flyer printing
April August

4. Neighborhood
Beautification Awards

1. Commissioners discuss ways to revamp the
program, including the award categories,
criteria, application window, and logistics.

2. Code Enforcement publishes application

3. Commissioners conduct community
outreach
Time: Commission, Staff
Budget: Award plaques for
winners
May September
30 Item # C5.

4. Commission reviews applicants and votes
for winners of each award category

5. Staff coordinates the presentation of award
winners to the City Council

5. Community Engagement
& Affordable Housing
and Building Safety
Month

1. Commissioners coordinate with staff to
promote Affordable Housing and Building
Safety Month

2. Commissioners conduct outreach for
activities, workshops, and community
events

3. Commissioners provide a forum to engage
with residents on community needs and
resources
Time: Commission, Staff
Budget: Outreach materials
February May
31 Item # C5.

Draft October 3, 2022

ECONOMIC DEVELOPMENT & TRADE COMMISSION (EDTC)
WORK PLAN FY 2022-2023

EDTC Mission Statement:

Advise the City Council on business issues, cultivate international trade and commerce opportunities, and make recommendations on the design, development, and implementation of economic development in Milpitas.

Topic/Overall Goal Specific Action(s) Required Schedule Project Status

Economic Development Strategy Implement Strategies and Actions: Storefront Improvement Grant Program, Business Improvement District (BID), economic indicators, branding/marketing assets, improving & updating website, & demonstration project policy.
 EDTC Commissioners may volunteer as ambassadors to assist in formal and informal business outreach as directed by staff, particularly along Main Street  EDTC Commissioners may participate and present at Chamber of Commerce events such as breakfast and lunch convenings
Ongoing

American Rescue Plan Act (ARPA)
Economic Vitality Framework
Economic Vitality: support re-building the Milpitas economy through a Small Business Assistance Grant Program, Workforce Development, Financial Assistance to Chamber & Hotels, Main St. Revitalization & Limited Term Economic Development Specialist.  EDTC Commissioners may provide expertise and feedback on hospitality and workforce development matters
 Volunteer ambassadors may help with business outreach for re-building the Milpitas economy

Main Street Revitalization

Main Street Revitalization will encourage economic vitality, enhance business marketability, increase property values, and attract people and new businesses.  Economic Development Strategy 31: Position Midtown as a community destination for independent retail & restaurants and Implementation Action 9.1:

Implement Pilot Storefront Improvement Grant Program under Retail and Restaurant Strategies
 Business Improvement District Feasibility Analysis

Workforce Development &
Education
Promote a diversified workforce and provide training opportunities for Milpitas residents.  COVID-19 Workforce Recovery implementation, education/outreach on Phase II  FlexFactor Initiative - Workforce dev./training to Milpitas High School students  City/MUSD MOU - Workforce/Educ., MFG Day, career fair, business outreach

32 Item # C5.

Draft October 3, 2022
 As directed by staff, EDTC Commissioners may help facilitate opportunities with MUSD, engage with Milpitas High School students, and leverage networks at San Jose State University, San Jose City College. Evergreen Valley College, NextFlex, etc.

Innovation District Market development opportunities with the real estate development & brokerage communities & business attraction in the emerging technologies arena.

International Trade & Commerce Support business expansion into global markets, attract foreign investment through information gathering, needs assessment, & cultivate relationships w/service providers.  Provide expertise and feedback on the draft International Trade and Commerce work effort
 Help facilitate trade events, including hosting dignitaries, trade missions, attending trade shows, etc.

Manufacturing Day 2022 Manufacturing Day 2022: Focus on career opportunities in tech/advanced manufacturing, impacts of on-shoring of jobs and supply chain disruption on Milpitas and Silicon Valley manufacturing industry.
 Continue to partner with the Office of Economic Development to support Manufacturing Day 2022 by participating as program speakers; event promotion and marketing; leveraging networks, and/or providing feedback.

Oct. 13, 2022 Completed

33 Item # C5.

City of Milpitas
Energy and Environmental Sustainability Commission
Proposed Work Plan FY 22-23

The Energy and Environmental Sustainability Commission advises the City Council on matters pertaining to sustainability, climate action, recycling, and waste diversion.

Month Issue/Agenda Topic

Commission Objective
July NO MEETING NO MEETING
August  Legislative Review for Possible
Positions
 Identify and review proposed
environmental legislation and make
potential position
recommendations to City Council
 FY – 22-23 Work Plan  Develop FY 22-23 Work Plan for City Council approval
September  FY – 22-23 Work Plan (continued)
with emphasis on how commission
can educate residents about
Climate Change and Increase
Program Participation
 Develop FY 22-23 Work Plan for
City Council approval
October  Building Electrification and Reach
Codes
 Receive update on Building Energy
Code updates and potential reach
codes for Milpitas
 Proposed Carbon Neutral Home
Incentive Program
 Receive update on the Proposed
Carbon Neutral Home Incentive
Program
November  Recycling and Garbage Services and
Diversion/SB 1383 Status Update
 Provide feedback on diversion
programs and solid waste services
including neighborhood cleanups
program, organics program
participation, and recyclables
contamination
December  Planning for 2023 Earth Day Event
and other possible community
events
 Brainstorm and begin planning for
Earth Day event and identify other
possible community event
opportunities
January  Review Calendar of Events for
Commission Outreach and
Advanced Power Strip distribution
and engagement
 Create schedule of events that
Commissioners will staff and work
to engage the community
 Planning for 2023 Earth Day Event
and other possible community
events

 Brainstorm and begin planning for
Earth Day event and identify other
possible community event
opportunities
34 Item # C5.

February  Inflation Reduction Act –
Opportunities to bring funding to
Milpitas
 Discuss funding options and how
funding can be bought to Milpitas
 Invitation to Milpitas High School
students to brainstorm
opportunities for collaborate on
sustainability programs
 Identify opportunities for
Commission to work with Milpitas
High School students to increase
community engagement on
sustainability issues
March  SVCE Decarbonization Programs
Update
 Receive update SVCE
Decarbonization Programs and
discuss opportunities to further
publicize and expand Milpitas
participation
 Update on SMART shuttle program  Receive an update on the SMART shuttle program
April  CAP Implementation Update  Receive update on CAP implementation and status
May  Invite PG&E Rep to speak on Grid
Reliability efforts
 Hear from PG&E on their efforts to
increase electrical grid reliability
statewide and specifically in
Milpitas
June  Legislative Review for Possible
Positions
 Identify and review proposed
environmental legislation and make
potential position
recommendations

35 Item # C5.

City of Milpitas
Planning Commission
Work Plan FY 2022-23

Purpose:

As established under Chapter 500 of Title I of the Milpitas Municipal Code, the Planning Commission advises the City Council on issues and policies related to land use planning, zoning regulations, urban design, and community development. The Commission meets bi-monthly to review, consider, and discuss proposals for new development throughout the City, and it is empowered to make decisions on certain land use matters or to make formal recommendations to the City Council.

Topic/Activity Tasks Required Resources Completion
Development Review*
Attend meetings (2x/month); read meeting packets;
active participation; site visits; Vote to approve/deny a project or make a recommendation to the Council
Commission, Staff Ongoing
Milpitas Metro Specific Plan
(TASP Update)
Participate in meetings; Review draft plan and make
recommendations to Council
Commission, Staff,
Consultants
Early
2023
Gateway/Main St. Specific
Plan (Midtown Update)
Participate in meetings; Review draft plan and make
recommendations to Council
Commission, Staff,
Consultants
Late
2023
Comprehensive Zoning
Ordinance Update
Receive presentations; provide feedback and make
recommendations to Council
Commission, Staff,
Consultant
Early
2024
Misc. Development Policies
(Objective Design
Receive presentations; provide feedback and make
recommendations to Council Commission, Staff Annual
Annual CIP Conformance
with General Plan
Receive presentations; provide feedback and make
recommendations to Council Commission, Staff Annual

* The Commission Reviews and Acts Upon the Following:

1. General Plan and General Plan amendments;

2. Specific Plans and Specific Plan amendments;

3. Zoning and Subdivision Ordinance amendments

4. Environmental Impact Reports and Negative Declarations under CEQA;

5. Tentative Subdivision Maps;

6. Planned Development permit applications;

7. Subdivision Ordinance exceptions;

8. Special Studies and Reports

9. Master Plans (e.g., Bike and Ped Master Plan, Open Space Plan, Green Infrastructure Plan, etc.)

10. Appeals of Decisions by the Zoning Administrator.
36 Item # C5.

Public Safety and Emergency Preparedness Commission
Draft Work Plan FY 2022-23
DRAFT
Topic/Advisory Area Tasks Required Resources Deadline
Emergency Preparedness Program

1. Implement the Neighborfest Program in the
Community. Commission, Staff Ongoing

2. Continue work of the Access & Functional Commission, Staff Ongoing

3. Present the Multi-lingual E-Prep Program
information to the Community (Vientnamese,
Chinese & Spanish). Commission, Staff Ongoing

4. Continue to work with the business
community in emergency preparedness. Commission, Staff Ongoing Public Safety Collaboration 1. Work with Public Safety to promote emergency preparedness. Commission , Staff Ongoing
Work Plan Goals:

Advise the City Council one emergency preparedness and disaster planning. 37 Item # C5.

Public Safety and Emergency Preparedness Commission
Draft Work Plan FY 2022-23
DRAFT
38 Item # C5.

City of Milpitas
Science, Technology and Innovation Commission
22-23 Work Plan

City of Milpitas Science, Technology and Innovation Commission advises the City Council on matters of telecommunications policy, legislation, and implementation at the local, state, and federal levels. The Commission also considers and recommends information technology services that benefit the Milpitas Community.

Work Plan Item Description STATUS
Smart City
Initiatives
Develop strategy to ensure digital access and literacy
across the Milpitas community
Carryover
IT Technology
Projects
Review and provide feedback on Technology Projects Carryover Comprehensive
Internet Plan
Understand the state of internet connectivity
availability in Milpitas. Explore ways to improve high- speed internet accessibility.

NEW
City of Milpitas -
MUSD Innovation
Center Partnership
Commission to establish partnership with the MUSD
Innovation Center
NEW

39 Item # C5.

Measure F Oversight Committee FY 2022-23 Work Plan
The Measure F Oversight Committee advises the Council by Committee motion regarding staff recommendations, a report furnished and approved by the Committee, and/or at a City Council meeting.

Tasks Required Resources Goal Deadline
As part of the development of the budget, review the projected revenues and recommended expenditures for the funds generated by Measure F Committee, Staff Ongoing Towards the end of the Fiscal Year review status of programs and services, funded wholly or partially with proceeds from Measure F Committee, Staff Ongoing Receive presentation from the City’s independent financial auditor Committee, Staff Ongoing
Receive presentation from the City’s sales and use tax consultant Committee, Staff Ongoing

40 Item # C5.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive the April – June 2022 Report for Unhoused Services (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046)
Category: Consent Calendar-Community Development
Meeting Date: 10/18/2022
Recommendation: Receive the April – June 2022 report for unhoused services.

Background:

On November 10, 2020, the City Council approved and authorized staff to enter into an agreement for homeless outreach, assessment, and street-based case management services with Santa Clara County Office of Supportive Housing. On March 1, 2021, the County’s Homeless Engagement and Access Team (HEAT), via Abode Services, began conducting outreach to engage and provide resources to the city’s unhoused residents.

On December 1, 2020, the City Council directed staff to implement a six-month pilot mobile shower and laundry Dignity on Wheels program with WeHOPE. The nonprofit service provider, WeHOPE, began providing mobile shower and laundry services every Sunday starting March 21, 2021, on Winsor Street, immediately south of the Milpitas Library. On September 7, 2021, the City Council directed staff to continue the mobile shower and laundry program for an additional 12 months. On September 6, 2022, the City Council again directed staff to continue the program until January 15, 2023.

This report reflects the April - June 2022 progress for unhoused services.

Analysis:

From April – June 2022, the HEAT Team continued to collaborate with City staff and the County Office of Supportive Housing to conduct outreach throughout the city of Milpitas to engage and provide resources to the city’s unhoused residents. The HEAT Team provided basic needs items and transportation resources. The HEAT Team continued to foster rapport with unhoused residents to provide housing and employment resources, as well as to coordinate care with the Office of Supportive Housing. During the months of April, May, and June, the HEAT Team enrolled 18 clients and completed 22 assessments. Adding to 140 clients enrolled and 144 clients assessed since services began in March 2021, this makes a total of 158 clients enrolled and 166 clients assessed. Since the HEAT Team has been conducting proactive outreach throughout Milpitas, they have been able to locate and connect with unhoused residents both at known and new locations.

For the unhoused individuals that did not provide identifying information for the HEAT Team to enroll or assess, they provided basic needs items and community resources. See Attachments 2-4 for the HEAT Team April – June 2022 reports.

From April – June 2022, WeHOPE provided 12 sessions to the unhoused community, providing a total of 237 showers and 103 loads of laundry, serving 115 unduplicated individuals. See Attachments 5-7 for the WeHOPE Dignity on Wheels April - June 2022 reports.

In addition to working closely with the above service providers, City departments continued to collaborate in providing assistance to the unhoused residents. Referrals to the HEAT Team continue to be provided through the City’s referral process. This process has reduced internal messaging and maximized the HEAT Team’s ability to quickly respond to requests for assessments and to provide updates to City staff. For a summary of the various activities and services for Milpitas unhoused residents as described above, refer to Attachment 1 for the April – June 2022 report for unhoused services.

41 Item # C6.

Fiscal Impact:

There is no fiscal impact on the City budget other than staff time related to this item.

California Environmental Quality Act:

The action being considered has no potential for causing a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

Recommendation:

Receive the April – June 2022 report for unhoused services.

Attachments:

1. April – June 2022 report for unhoused services

2. April 2022 HEAT Team report

3. May 2022 HEAT Team report

4. June 2022 HEAT Team report

5. April 2022 WeHOPE Dignity on Wheels report

6. May 2022 WeHOPE Dignity on Wheels report

7. June 2022 WeHOPE Dignity on Wheels report

42 Item # C6.

Date
Referred
1 Hillview Bridge Encampment Valley Water N/A
2 Topaz Street 1 Encampment City N/A
3 Serra Center Encampment Private Property N/A
4 Ocean Supermarket Encampment or Outreach Private Property 3 1 4/29/2022
6/23/2022 N/A 3
1 4/29/2022
6/23/2022
3 1
4/29/2022
6/23/2022
5 Dixon Road 1 Encampment City N/A
6 Dixon Road 2 RV Vehicles City N/A
7 Calaveras Blvd Overpass Encampment City N/A
8 Dempsey Road 1 Encampment City N/A
9 Sinclair Frontage Road Encampment or Outreach Union Pacific Railroad 3 4/20/2022 N/A 3 4/20/2022 3 4/20/2022 10 Yosemite Business Park Encampment Private Property N/A 11 Gibraltar Court Trailers City N/A
12 Topaz Street 2 Encampment City N/A
13 Railroad Court Camp/Trailers City 1 5/19/2022 N/A 0 5/19/2022 1 5/19/2022 0= previously enrolled client 14 Abel Plaza Encampment Private Property N/A
15 S. Main Street Encampment City 3 6/3/2022 N/A 2 6/3/2022 3 6/3/2022 One client was previously enrolled 16 S. Abbott Avenue Encampment City (if on street) or County (if on County property) N/A
17 W. Calaveras Blvd Encampment City N/A
18 Ethyl Court Camp/Cars City N/A
19 Hammond Way Cars/Trailers or Outreach City 1 4/20/2022 N/A 0 4/20/2022 1 4/20/2022 0= previously enrolled client 20 Coyote Creek Trail 1 Encampment Valley Water N/A
21 Coyote Creek Trail 2 Encampment Valley Water N/A
22 Coyote Creek Trail 3 Encampment Valley Water 1 4/29/2022 N/A 1 4/29/2022 1 4/29/2022 23 Calaveras Plaza Shopping Center Outreach (contact made in non-encampment setting) N/A 1 5/26/2022 N/A 1 5/26/2022 1 5/26/2022 24 Dignity on Wheels Mobile Shower and Laundry Outreach (contact made in non-encampment setting) N/A N/A 25 Dixon Landing Shopping Center Outreach (contact made in non-encampment setting) N/A 1 5/28/2022 N/A 1 5/28/2022 1 5/28/2022 26 Great Mall Outreach (contact made in non-encampment setting) N/A N/A 27 Milpitas Library Outreach (contact made in non-encampment setting) N/A N/A 28 Main Street Outreach (contact made in non-encampment setting) N/A 1 5/19/2022 N/A 1 5/19/2022 1 5/19/2022 29 Other (Street, Panhandle, Vehicle Dweller, or Unidentified Location) Outreach (contact made in non-encampment setting) N/A 1 5/13/2022 N/A 1 5/13/2022 1 5/13/2022 30 Dempsey Road 2 Encampment Private Property N/A
31 Serra Center Outreach (contact made in non-encampment setting) N/A N/A 32 E. Calaveras Blvd Outreach (contact made in non-encampment setting) N/A N/A 33 Dempsey Road 3 Outreach (contact made in non-encampment setting) N/A N/A 34 Galaxy Court Outreach (contact made in non-encampment setting) N/A N/A 35 Ranch Drive Outreach (contact made in non-encampment setting) N/A N/A 36 Jacklin Rd Vehicle City N/A
37 Folsom Ct Outreach (contact made in non-encampment setting) N/A N/A 38 Other (near Extended Stay) Outreach (contact made in non-encampment setting) N/A N/A 39 S. Park Victoria Outreach (contact made in non-encampment setting) N/A N/A 40 O'Toole Elms Park Outreach (contact made in non-encampment setting) City N/A 41 America's Best Value Inn Outreach (contact made in non-encampment setting) Private Property N/A 42 Milpitas Sports Center Park Outreach (contact made in non-encampment setting) City N/A 43 Foothill Park Outreach (contact made in non-encampment setting) City N/A 44 Washington Road Vehicle City N/A
45 Burley Drive Vehicle City N/A
46 W. Calaveras Blvd Outreach (contact made in non-encampment setting) N/A N/A 47 Albert Augustine Jr. Memorial Park Outreach (contact made in non-encampment setting) N/A N/A 48 N. Milpitas Bridge Encampment N/A 1 4/18/2022 N/A 1 4/18/2022 1 4/18/2022 49 Victorian Sqaure Outreach (contact made in non-encampment setting) N/A 1 4/1/2022 N/A 1 4/1/2022 1 4/1/2022 50 Calaveras 3 Encampment N/A N/A
51 Cardoza Park Outreach (contact made in non-encampment setting) N/A 1 2 5/9/2022
6/22/2022; 6/13/2022 N/A 0
2 5/9/2022
6/22/2022; 6/13/2022
1 2
5/9/2022
6/22/2022; 6/13/2022 0= previously enrolled client
Total 22 18 22
Session Location
Milpitas Library
Milpitas Library
Milpitas Library
WeHOPE Dignity on Wheels
Mobile Shower and Laundry 5/1/2022, 5/8/2022, 5/15/2022, 5/22/2022, 5/29/2022 5 42 99 42 31 56 21
40 Loads of Laundry ProvidedService Dates Number of Sessions Total Unduplicated Individuals Served Showers Provided 6/5/2022, 6/12/2022, 6/19/2022, 6/26/2022 4 42 82
4/3/2022, 4/10/2022, 4/24/2022 3
Unhoused
Count Date Counted
APRIL - JUNE 2022 REPORT FOR UNHOUSED SERVICES
Date
HousedJurisdictionOutreach Location Type Notes Date Assessed Clients Assessed
Clients
Enrolled Date Enrolled Clients
Housed
43 Item # C6.

Santa Clara County Office of Supportive Housing
Abode Services
Milpitas HEAT Team
April 2022 Report

In April, Abode’s HEAT staff was successful in locating and identifying new unhoused individuals and referring them to the community queue for prospective supportive housing options. Throughout the month, Abode’s HEAT staff concentrated efforts to maintain supportive contact with clients that had relocated in response to clean up activities at two PG&E sites and at the Milpitas Sports Complex. In addition, the team supported newly enrolled participants in enlisting in appropriate housing and mental health resources accordingly.

The team was able to connect with new participants at the Sinclair Frontage and Ocean Market locations and continued to provide basic needs items, transportation resources, and community resources to the unhoused throughout the month. The HEAT mental health outreach clinician was successful in updating a previously enrolled participants Vi-SPDAT. The team continued to provide information about the centralized hotline for temporary housing programs and emergency shelters to those interested and utilized housing problem solving techniques to explore sustainable housing options outside of the emergency shelter system.

The following table reflects the number of outreach contacts, the total number of unhoused enrolled into the SCC HEAT program, as well as the number of VI-SPDAT assessments administered:

Milpitas HEAT Contact, Enrolled, Assessed Clients: April Outreach Location
Outreach
Contact Enrolled Assessments
Milpitas Outreach - Ocean Market 3 3 3
04/29/2022 3 3 3
Milpitas Outreach-Coyote Creek 18 1 1 1
04/29/2022 1 1 1
Milpitas Encampment- Hammond 15 1 0* 1
04/20/2022 1 0* 1
Milpitas Encampment - Sinclair Frontage 5 3 3 3
04/20/2022 3 3 3
Milpitas Encampment- N. Milpitas Bridge 1 1 1
04/18/2022 1 1 1
Milpitas Outreach (Vehicle Dweller) –
Victorian Square 1 1 1
04/01/2022
Grand Total 10 9 10
44 Item # C6.

Milpitas Outreach= Contact made with client in non-
encampment setting

Milpitas Encampment= Contact made at a location
where a tent and/or other structures are used as
shelter
*Previously enrolled participant

45 Item # C6.

Santa Clara County Office of Supportive Housing
Abode Services
Milpitas HEAT Team
May 2022 Report

In May, Abode’s HEAT staff continued outreach services in collaboration with the City of Milpitas and Milpitas PD. The Abode outreach team enrolled 4 new participants and updated the Vi-SPDAT for 2 existing enrollments due to change in circumstances.

The team utilized housing problem solving techniques, motivational interviewing techniques, and supplemented engagement efforts to provide basic needs items, transportation resources, and employment resources to the unhoused throughout the month. The team continued focus on improving the living situations of unhoused individuals by providing information about the centralized hotline for temporary housing programs and emergency shelters to those interested.

The following table reflects the number of outreach contacts, the total number of unhoused enrolled into the SCC HEAT program, as well as the number of VI-SPDAT assessments administered:

Milpitas HEAT Contact, Enrolled, Assessed Clients: May
Outreach Location
Outreach
Contact Enrolled Assessments
Milpitas Outreach – City Square Center
Dixon Landing 1 1 1
05/28/2022 1 1 1
Milpitas Outreach-Calaveras Plaza
Shopping Center (Vehicle Dweller) 1 1 1
05/26/2022 1 1 1
Milpitas Outreach-Main St. 1 1 1
05/19/2022 1 1 1
Milpitas Encampment- Railroad Ave. 1 0* 1
05/19/2022 1 0 1
Milpitas Outreach – Washington Dr.
(Vehicle Dweller) 1 1 1
05/13/2022 1 1 1
Milpitas Encampment- Calaveras 3 1 0* 1
05/9/2022 1 0 1
Grand Total 6 4 6
Milpitas Outreach= Contact made with client in non-
encampment setting

46 Item # C6.

Milpitas Encampment= Contact made at a location
where a tent and/or other structures are used as
shelter
*Previously enrolled participant

47 Item # C6.

Santa Clara County Office of Supportive Housing
Abode Services
Milpitas HEAT Team
June 2022 Report

In June, the Abode Heat team continued to concentrate efforts throughout the city of Milpitas.

The team was deployed in response to community concern and Milpitas PD referrals and was successful in locating and identifying 5 new unhoused participants for services. All participants were referred to the community queue for supportive housing eligibility, including a family with children.

The team continued to support all clients with transportation, emergency shelter, and employment stability resources. The team provided information about cooling centers and educated clients about hot weather tips to endure the high temperature conditions.

The following table reflects the number of outreach contacts, the total number of unhoused enrolled into the SCC HEAT program, as well as the number of VI-SPDAT assessments administered:

Milpitas HEAT Contact, Enrolled, Assessed Clients: June Outreach Location
Outreach
Contact Enrolled Assessments
Milpitas Outreach- Ocean Market 1 1 1
06/23/2022 1 1 1
Milpitas Outreach- Cardoza Park 2 2 2
06/22/2022 1 1 1
06/13/2022 1 1 1
Milpitas Encampment – S Main St. 3 2* 3
06/03/2022 3 2 3
Grand Total 6 5 6
Milpitas Outreach= Contact made with client in non-
encampment setting

Milpitas Encampment= Contact made at a location
where a tent and/or other structures are used as
shelter
*Previously enrolled participant

48 Item # C6.

49 Item # C6.

City of Milpitas
Reporting PeriodTotal unduplicated individuals served during reporting periodTotal unduplicated individuals served during contract term Total Field Visits this monthApril 2022 31 116 60 Age (for Field Visits)
Session LocationsService Date(s) HoursUnduplicated Individuals at SessionsShowers ProvidedLoads of Laundry Provided>19 20-29 30-39 40-49 50-59 60-69 70-79 80+ Doesn't Know or Refused TOTALS FOR MONTH 31 56 21 0 0 8 6 6 11 0 0 0Sundays 4/3/20224/10/20224/17/20224/24/2022 Gender (unduplicated) Ethnicity (for Field Visits) Race (for Field Visits) Male FemaleTrans Female (M to F)Trans Male (F to M)Gender Non-ConformingDoesn't Know or RefusedWhiteBlack of African AmericanAsian American Indian or Alaskan Native Native Hawaiian or Other Pacific IslanderMultiple RacesDoesn't Know or RefusedNon-Hispanic/Non-LatinoHispanic/LatinoDoesn't Know or Refused 27 4 0 0 0 0 3 2 4 5 0 0 17 14 0 17
50 Item # C6.

Santa Clara County Office of Supportive Housing
Abode Services
Milpitas HEAT Team
May 2022 Report

The following table reflects the number of outreach contacts, the total number of unhoused enrolled into the SCC HEAT program, as well as the number of VI-SPDAT assessments administered:

51 Item # C6.

Milpitas Encampment= Contact made at a location
where a tent and/or other structures are used as
shelter
*Previously enrolled participant

52 Item # C6.

City of Milpitas
Reporting PeriodTotal unduplicated individuals served during reporting periodTotal unduplicated individuals served during contract term Total Field Visits this monthJune 2022 42 143 88 Age (for Field Visits)
Session LocationsService Date(s) HoursUnduplicated Individuals at SessionsShowers ProvidedLoads of Laundry Provided>19 20-29 30-39 40-49 50-59 60-69 70-79 80+ Doesn't Know or Refused TOTALS FOR MONTH 42 82 40 2 2 6 7 13 12 0 0 0Sundays 6/5/20226/12/20226/19/20226/26/2022 Gender (unduplicated) Ethnicity (for Field Visits) Race (for Field Visits) Male FemaleTrans Female (M to F)Trans Male (F to M)Gender Non-ConformingDoesn't Know or RefusedWhiteBlack of African AmericanAsian American Indian or Alaskan Native Native Hawaiian or Other Pacific IslanderMultiple RacesDoesn't Know or RefusedNon-Hispanic/Non-LatinoHispanic/LatinoDoesn't Know or Refused 33 8 1 0 0 0 10 2 4 6 0 0 20 22 0 20
53 Item # C6.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager to Execute a General Services Agreement with Banner Pest Services to Provide Pest Control Services at Various City Facilities for the Not-to-Exceed Amount $300,000.00 for a Five-Year Period Subject to the Annual Appropriation of Funds (Staff Contact: Roger Lee, Interim Public Works Director, 408-586-2602; and Chris Schroeder, Purchasing Agent, 408- 586-3161)
Category: Consent Calendar-Community Services and Sustainable Infrastructure

Meeting Date: 10/18/2022
Recommendation: Approve and authorize the City Manager to execute a general services agreement with Banner Pest Services to provide pest control services at various city facilities for the not-to-exceed amount $300,000.00 for a five-year period subject to the annual appropriation of funds.

Background:

The City’s Public Works Facilities Division manages a total of 19 City buildings. Thirteen of these buildings need pest control services, applied per safe and environmentally friendly Integrated Pest Management (IPM) requirements. Following IPM requirements ensures that natural pest control remedies are implemented first and more concentrated remedies are only used when necessary and safe. Needed services include the monthly maintenance at these City facilities for, but not necessarily limited to, ants, cockroaches, spiders, mice, rats, yellow jackets, and wasps. The proposed agreement is for a five-year period, fixed-price agreement for on-going pest control services based on satisfactory performance.

The City has previously outsourced pest contro l service through an annual on -call agreement . The recommendation to authorize this five -year agreement provides for more competitive pricing and consistent service.

Analysis:

To competitively solicit this service, o n July 29, 2022, the Purchasing Division released a Request for Proposals (RFP No. 23 -005) for City -wide pest Control and Abatement Services. The RFP was publicly noticed in accordance with the City’s Municipal code, advertised on the City’s website, email notifications were sent to comp anies registered with the City via ProcureNow.com, the City’s eProcurement system. Upon release, 970 firms received the solicitation notification, and ten firms downloaded the RFP documents. Three proposals were received by deadline date of August 29, 2022.

The proposals were reviewed for compliance to the specifications of the RFP and all were accepted.

Three proposals were received from the following contractors:

PROPOSING VENDOR FINAL SCORE
Banner Pest Services 78.33
TMC Pest Management DBA Sprague Pest Solutions 70.50
Pestmaster Services, L.P. 64.33

54 Item # C7.

The proposals were evaluated by a panel of three employees consisting of a Senior Public Works Facility’s Lead, A Senior Administrative Analyst, and a Public Works Manager. Evaluations were based on the following criteria:

Cover Letter and Compliance with the RFP Requirements, Company Profile, Execution Plan, Ref erences, Personnel Assigned, and Proposed Compensation. After evaluating of all criteria, the review panel concluded that Banner Pest Services provided the best overall proposal.

Pest Control services under this agreement would be performed at the following facilities:

Location Address
City Hall 455 E. Calaveras Blvd.

Community Center 457 E. Calaveras Blvd.

Senior Center 40 N. Milpitas Blvd.

Sal Cracolice 791 Garden St.

Milpitas Sports Center 1325 E. Calaveras Blvd.

Fire Station No. 1 777 S. Main St.

Fire Station No. 2 1263 Yosemite Dr.

Fire Station No. 3 45 Midwick Dr.

Fire Station No.4 775 Barber Ln.

Alviso Adobe 2087 Alviso Adobe Ct
Higuera Adobe Hall 821 Wessex Pl.

Public Works Admin/Corp Yard 1265 N. Milpitas Blvd.

Police Station 1275 N. Milpitas Blvd.

Policy Alternatives:

Alternative 1: Direct City staff to provide the required services with in-house resources.

Pros: Increased work responsibilities for City Public Works staff.

Cons: City staff do not have sufficient resources to provide these services in addition to the ongoing operations and maintenance of the City’s infrastructure.

Reason not recommended: The City does not have sufficient resources or appropriate certifications to perform pest control services at various City facilities.

Fiscal Impact:

This project will be funded from the Fiscal Year 2022-2023 Public Works operating budget for an amount not to exceed $40,000 in the first year, and a total amount not-to-exceed $300,000.00 over the five-year period, subject to annual appropriation of funds by Council during the annual budget process. In FY22-23 Adopted Budget, $20,000 was allocated to pest control, the remaining $ 20,000 will be absorbed by Public Works Facilities Maintenance operating budget.

California Environmental Quality Act:

By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA as this action has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Recommendation:

Approve and Authorize the City Manager to Execute a General Services Agreement with Banner Pest Services for Pest Control Services at Various City Facilities for the Not-to-Exceed Amount $300,000 for a Five-Year Period Subject to the Annual Appropriation of Funds.
55 Item # C7.

Attachments:

1. General Services Agreement with Banner Pest Services. 56 Item # C7.
38077.00180\31932669.6 C2

CITY OF MILPITAS

AGREEMENT FOR CITY-WIDE PEST CONTROL SERVICES

1. PARTIES AND DATE.

This Agreement for City-Wide Pest Control Services (“Agreement”) ________________ by and between the City of Milpitas, a municipal corporation organized under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”) and Banner Pest Services a Delaware corporation with its principal place of business at 1944 O’Toole Way, San Jose, CA 95131 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain City- Wide Pest Control services required by City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing City-Wide Pest Control services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the City-Wide Pest Control Services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services and advice on various issues affecting the decisions of City regarding the Project and on other programs and matters affecting City (“Services”). The Services are more particularly described in Exhibit “A” attached hereto an d incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term.

The term of this Agreement shall be from the date first written above to October 31, 2027, unless earlier terminated as provided herein. The City reserves the right to review the Contractor’s performance at the end of each year and cancel all or part of the Agreement.

57 Item # C7.
38077.00180\31932669.6 C2

2 3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Indep endent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee of City. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Servic es under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, dis ability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services . Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.

Contractor represents that it has the skilled personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to C ontractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel . Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contr actor may substitute other personnel of at least equal competence and experience upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to City, or who are determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by Contractor at the request of City. The key personnel for performance of this Agreement are as follows: Aaron Blatter and Brad Erekson

3.2.5 City's Representative. City hereb y designates Samu Tiumalu, or his or her designee, to act as its representative for the performance of this Agreement (“City's Representative”). City's Representative shall have the power to act on behalf of City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than City's Representative or his or her designee.

3.2.6 Contractor's Representative . Contractor hereby designates Aaron Blatter, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor's Representative”). Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement. Contractor's 58 Item # C7.
38077.00180\31932669.6 C2

3 Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Ser vices. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, contractors and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees . Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and su bcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from City, any services necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein, and shall be fully responsible to City for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Contractor’s errors and omissions.. Any employee of Contractor or its subcontractors who is determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to City, shall be promptly removed from the Project by Contractor and shall not be re -employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any cl aim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance. Contractor shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit “D” (Insurance Requirements), attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.

3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the 59 Item # C7.
38077.00180\31932669.6 C2

4 nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limit ed to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space pro cedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00) without written approval of City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation . Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services an d supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty -five (45) days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3.5 California Labor Code Requirements
(a) Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and 60 Item # C7.
38077.00180\31932669.6 C2

5 debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. (b) If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Co de Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. (c) This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations agains t Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement.

Contractor shall all ow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.
(a) Grounds for Termination . Ci ty may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before t he effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been fully and adequately rendered to City through the effective date of the termination, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. (b) Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data, as 61 Item # C7.
38077.00180\31932669.6 C2

6 defined below, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. (c) Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Banner Pest Services
1944 O’Toole Way
San Jose, CA 95131

City:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Steve McHarris, City Manager

Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Cooperation; Further Acts . The Parties shall f ully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.4 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.5.5 Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, ex penses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, e mployees, agents, subcontractors and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other relate d costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employee s, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be 62 Item # C7.
38077.00180\31932669.6 C2

7 rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall re imburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its officials, officers, employees, agents or volunteers. This Section 3.5.5 shall survive any expiration or termination of this Agreement.

3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be supplemented, amended or modified by a writing signed by both Parties.

3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Santa Clara County.

3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.9 City's R ight to Employ Other Contractors . City reserves the right to employ other Contractors in connection with this Project.

3.5.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.

3.5.11 Assignment or Transfer . Contract or shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transfe rees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.12 Construction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor in clude all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in t his Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.13 Amendment; Modification. No supplement, mod ification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition . No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
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8 3.5.15 No Third -Party Beneficiaries . There are no intended third -party beneficiaries of any right or obligation assumed by the Parties.

3.5.16 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.17 Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor war rants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the awar d or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminat e against any subcontractor, employee or applicant for employ ment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of any minority business enterprise program, affirmative action plan or other related programs or gu idelines currently in effect or hereinafter enacted.

3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.22 Employment Adverse to City. Contractor shall notify City, and shall obtain City’s written consent, prior to accepting work to assist with or participate in a third -party lawsuit or other legal or administrative proceeding against City during the term of this Agreement.

3.5.23 Conflict of Employment . Employment by Contractor of personnel currently on the payroll of City shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee’s regular working hours or on weekends, holidays or vacation time. Further, the employment by Contractor of personnel who have been on City’s payroll within one year prior to the date of execution of this Agreement, 64 Item # C7.
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9 where this employment is caused by and or dependent upon Contractor securing this or related Agreements with City, is prohibited.

3.5.24 Survival. All rights and obligations he reunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination.

3.5.25 Subcontracting. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall con tain a provision making them subject to all provisions stipulated in this Agreement.

3.5.26 Wage Theft Prevention
(a) Contractor, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage an d hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance. (b) BY SIGNING THIS AGREEMENT, CONTRACTOR AFFIRMS

THAT IT HAS DISCLOSED ANY FINAL JUDGMEN TS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS

PRIOR TO EXECUTING THIS AGREEMENT THAT CONTRACTOR OR ITS SUBCONTRACTORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS.

CONTRACTOR FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS EITHER

FULLY SATISFIED EACH JUDGMENT, DECISION OR ORDER, OR, IF ANY JUDGMENT,

DECISION OR ORDER HAS NOT BEEN FULLY SATISFIED, CONTRACTOR AFFIRMS THAT

IT OR ITS SUBCONTRACTOR(S) IS CURRENTLY SATISFYING SAID JUDGMENT,

DECISION OR ORDER THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY

THE APPLICABLE COURT/GOVERNMENT AGENCY AND THAT CONTRACTOR OR ITS

SUBCONTRACTOR(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
(c) If at any time during the term of th is Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Contractor or a subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor lear ns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Contractor or its subcontractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of sati sfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Contractor or its subcontractor is sub ject to a payment or other alternative plan, the Contractor or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied. 65 Item # C7.
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10 (d) For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agenci es include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
(e) Failure to comply with an y part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law. (f) Notice provided to the City shall be a ddressed to: Attention:

Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section. [Signatures on following page]

66 Item # C7.
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11 SIGNATURE PAGE FOR AGREEMENT

FOR CITY-WIDE PEST SERVICES

BETWEEN THE CITY OF MILPITAS

AND BANNER PEST SERVICES

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CITY OF MILPITAS
Approved By:

Steven G. McHarris, City Manager

Date

Approved:

Lauren Lai, CPA, MPA
Finance Director/Risk manager

Approved As To Form:

Michael Mutalipassi, City Attorney

BANNER PEST SERVICES

Signature

Name

Title

Date

Approved As To Content:

Roger Lee
Interim Public Works Director
67 Item # C7.
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12 EXHIBIT “A”

SCOPE OF SERVICES

1. General
The Contractor shall provide the personnel, equipment, chemicals, and materials to perform monthly and emergency response Pest Control Services for the City of Milpitas. Equipment will be kept in top mechanical condition and conform with EPA, UL, ANSI and OSHA standards. The Contractor shall furnish all required chemicals and pesticides.

All Contractor equipment, materials, supplies, chemicals, and debris must be transported to and from all sites. There is no on-site storage for Contractor’s equipment or materials.

All work will be performed in a manner so as not to block access to or disrupt the daily operation of the City of Milpitas. All work must be scheduled with the Public Works Manager for Facilities and Fleet or the designated City representative.

2. Pest Control Services
The Contractor shall provide Pest Control and Emergency Response Services as described herein for the City of Milpitas facilities listed below and follow the accepted standards of Pest Control Management, EPA, OSHA and Department of Labor & Industries, see Exhibit C for locations.

3. Treatment

Preventative maintenance treatment to include monthly service at each location for interior and/or exterior control (webs around doorways, entryways and light fixtures) of the following:
• Ants
• Yellow Jackets
• Paper Wasps
• Cockroaches
• Black Widow Spiders
• Mice
• Rats
• Large Animal Control (as needed)
Include placement of rodent stations at each location, perimeter spray and insect bait traps at each location and any charges for additional treatment during the month.

4. Communications and Reports
The Contractor’s Service technician(s) shall annotate on the work order ticket(s) and/or logbook any conditions that warrant immediate attention including sanitary and structural conditions affecting present and potential pest infestations and notify the City representative of such condition.

Hazardous Communication Safety Data Sheets of all non-chemical and chemical treatments used by the vendor must be provided to the City representative prior to work commencing at any City facility.

5. Damages
All damages shall be reported by Contractor to the City to determine repair responsibilities. 68 Item # C7.
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13 EXHIBIT “B”

SCHEDULE OF SERVICES

A. The monthly cost associated with each building is detailed in the table below:

Building Address Sq Footage
City Hall 455 E. Calaveras Blvd 96,808
Public Works (Corp Yard &
Warehouse)
1265 N. Milpitas Blvd 47,736
Police Station 1275 N. Milpitas Blvd 57,320
Community Center 457 E. Calaveras Blvd 16,362
Senior Center 40 N Milpitas Blvd 9,000
Sports Center & Annex 1325 E. Calaveras Blvd 44,676
Sal Cracolice 791 Garden St 4,500
Higuera Adobe Hall 821 Wessex Place 1,200
Alviso Adobe 2087 Alviso Adobe Ct 1,500
Fire Station #1 777 S. Main St 15,000
Fire Station #2 1263 Yosemite Dr 6,100
Fire Station #3 45 Midwick 6,100
Fire Station #4 775 Barber Lane 6,668

69 Item # C7.
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14 EXHIBIT “C”

COMPENSATION

B. The monthly cost associated with each building is detailed in the table below:

Building Address Sq Footage Monthly Cost
City Hall 455 E. Calaveras Blvd 96,808 $935.00
Public Works (Corp Yard &
Warehouse)
1265 N. Milpitas Blvd 47,736 $615
Police Station 1275 N. Milpitas Blvd 57,320 $765
Community Center 457 E. Calaveras Blvd 16,362 $379
Senior Center 40 N Milpitas Blvd 9,000 $295
Sports Center & Annex 1325 E. Calaveras Blvd 44,676 $535 Sal Cracolice 791 Garden St 4,500 $165
Higuera Adobe Hall 821 Wessex Place 1,200 $80
Alviso Adobe 2087 Alviso Adobe Ct 1,500 $95
Fire Station #1 777 S. Main St 15,000 $275
Fire Station #2 1263 Yosemite Dr 6,100 $189
Fire Station #3 45 Midwick 6,100 $189
Fire Station #4 775 Barber Lane 6,668 $189

C. Additional Services:
a. Trapping for large animals including gophers, moles, raccoons, possums, and skunks – Daily services for $600 per week
b. Bed Bugs – Quote Based – depending on level of infestation c. Fleas – Quote Based – depending on level of infestation d. Ticks -- Quote Based – depending on level of infestation e. Carpet Beetles – Quote Based – depending on level of infestation

D. Annual Price Increases
a. Banner Pest Services is committed to providing a quality service. Maintaining the monthly cost with increased cost of living over the next 5 years allows Banner to keep up with wage increases and higher prices for materials. b. On each 1-year anniversary of agreement, the monthly cost will increase according to the most recent publication of Consumer Price Index (CPI) by the U.S. Bureau of Labor Statistics

70 Item # C7.
38077.00180\31932669.6 C2

15 EXHIBIT “D”

INSURANCE REQUIREMENTS

Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Consultant’s Agreement.

Contractor or Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performan ce of the work hereunder and the results of that work by the Contractor or Consultant, its agents, representatives, employees or subcontractors.

Contractor or Consultant shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.

Contractor or Consultant shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s or Consultant’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

Commercial General Liability (CGL):

___ Coverage at least as broad as Insurance Services Office (“ISO”) Form C G 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, eith er the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

_X_ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. I f a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. I f a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability:

_X_ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage. 71 Item # C7.
38077.00180\31932669.6 C2

16 ___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single li mit for bodily injury and property damage.

___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles i n the care, custody and control of the Contractor or Consultant, regardless of where the vehicles are kept or driven.

Professional Liability (Errors and Omissions):

___ Insurance appropriates to the Contractor or Consultant’s profession, with limit no l ess than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.

___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.

___ Insurance appropriates to the Contractor or Consultan t’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate

Workers’ Compensation Insurance:

_X_ Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor or Consultant provides written verif ication it has no employees)

The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Builder’s Risk (Course of Construction):

___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the Ci ty, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

Contractor’s or Consultant’s Pollution Legal Liability:

72 Item # C7.
38077.00180\31932669.6 C2

17 ___ Contractor’s or Consultant’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.

If the Contractor or Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor or Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Cyber Liability Insurance

___ Cyber Liability Insurance with limits not less than $1,000,000 per claim.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor or Consultant in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.

The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.

Surety Bonds:

Contractor shall provide the following Surety Bonds:

____ Bid Bond
____ Performance Bond
____ Payment Bond

The Payment Bond and Performance Bond shall be in a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Other Insurance Provisions:

The insurance policies are to contain, or be endorsed to contain the following provisions:

_X_ Additional Insured Status and Primary/Non-Contributory Language:

Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its elected and appointed officials, officers, attorneys, agents employees and volunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.

73 Item # C7.
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18 The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. An y umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)

Contractor or Consultant may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

_X_ Notice of Cancellation, Suspension or Otherwise Voiding Policies:

Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.

_X_ Waiver of Subrogation:

Contractor or Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from th e insurer.

The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Consultant, its employees, agents and subcontractors.

___ Completed Operations

For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor fails to obtai n or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS

Deductibles and Self-Insured Retentions (“SIR”):

Any deductibles or self -insured retentions must be declared to and approved by City. The City may require the Contractor or Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its elec ted and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
74 Item # C7.
38077.00180\31932669.6 C2

19 All SIRs must be disclo sed to Risk Management for approval and shall not reduce the limits of liability.

Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.

City reserves the right to obtain a full -certified copy of any insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A -:VII, unless otherwise acceptable to City.

Claims Made Policies : (note - should be applicable only to professional liability, see below)

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work.

3. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Contractor or Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Subcontractors:

Contractor or Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents.

Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub -subcontractor to 75 Item # C7.
38077.00180\31932669.6 C2

20 the extent they apply to the scope of the sub -subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.

Verification of Coverage:

Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and end orsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

Failure to Comply:

Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Applicability of Coverage:

Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 76 Item # C7.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Introduce Ordinance No. 65.152 Adopting by Reference the 2022 California Building Codes with Amendments and Set a Public Hearing on December 6, 2022 for Adoption of the Ordinance (Staff Contact: Bill Tott, Building Official, 408-586-3263)
Category: Consent Calendar-Community Development
Meeting Date: 10/18/2022
Recommendation: (1) Following the City Attorney’s reading of the title, move to waive the first reading beyond the title and introduce Ordinance No. 65.152 amending Chapters 3, 3.5, 4, 5, 6, 7, 10,14,150, and 170 of Title II of the Milpitas Municipal Code relating to adopting by reference the 2022 California Building Code, 2022 California Residential Code, 2021 International Property Maintenance Code, 2022 California Mechanical Code, 2022 California Electrical Code, 2022 California Plumbing Code, 2021 International Swimming Pool and Spa Code, 2022 California Existing Building Code, and 2022 California Historical Building Code, with amendments; and (2) Set a public hearing on December 6, 2022, pursuant to California Government Code Section 50022.3, for adoption of the Ordinance.

BACKGROUND:

Title 24 of the California Code of Regulations, also referred to as the California Building Standards Code, governs the design and construction of buildings and associated facilities and equipment throughout California.

It is updated and published on a triennial basis by the California Building Standards Commission (CBSC) by order of the California legislature. Each code cycle update improves safety, sustainability, and resiliency, and incorporates new technology, design, and construction methods. Throughout each code adoption cycle, amendments to the codes are developed through an extensive public participation process. In July 2022, the CBSC published the 2022 edition of the California Building Standards Code, making this year a code adoption year. The building regulations in the California Building Standards Code have the same force of law and take effect 180 days after their publication. On January 1, 2023, the 2022 California Building Standards Code will become effective statewide. This 2022 Code has prompted jurisdictions statewide to adopt the new code and complete local amendments as necessary. In accordance with California Health and Safety Code, a city may establish more restrictive building standards than those in the California Building Standards Code if the city makes an express finding that each amendment is reasonably necessary because of local climatic, geological, or topographical conditions.

ANALYSIS:

As part of the triennial code adoption cycle, and pursuant to California Health and Safety Code Sections 17958 and 18941.5, staff recommends that the City of Milpitas adopt the 2022 California Building Standards Code.

The parts of the 2022 California Building Standards Code that are included in this proposed adoption ordinance are: The California Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Existing Building Code, and Historical Building Code. Staff also proposes several local amendments be adopted as part of the code adoption. The amendments along with the findings that support them are included in the proposed ordinance.

In summary, the proposed substantive amendments are as follows:

Chapter 3 – Building Code
77 Item # C8.

Automatic sprinkler systems; Roofing cover requirement for hillside areas; Special inspection exception; Foundations and foundation reinforcement; and Restrict use of bracing methods

Chapter 3.5 – Residential Code
Roofing cover requirement for hillside areas; Restrict use of bracing methods; and Foundations and foundation reinforcement

Chapter 6 – Electrical Code
Requirement for all new electrical services to be underground; Disconnects of electrical power for each building to be in a readily accessible location on the first floor; and Grounding systems in new buildings shall be an electrode encased in concrete

If approved, the Building Official will file a copy of this ordinance with the California Building Standards Commission. Title II Chapter 3 Building Code: The 2022 California Building Code is adopted by reference, with amendments. Close examination of the current and prior California Building Code and Municipal Code was performed. Title II Chapter 3.5 (Residential Code); Chapter 5 (Mechanical Code); Chapter 7 (Plumbing Code); Chapter 14 (Existing Building Code); and Chapter 150 (Historical Building Code): The Residential Code was adopted and amended in a similar way as the Building Code. Same was done with the Mechanical, Plumbing, Electrical, Existing Building, and Historical Building Codes. Title II Chapter 4 (Property Maintenance Code); and Chapter 10 (Swimming Pool and Spa Code): In addition to the California codes, the 2021 International Swimming Pool and Spa Code (ISPSC) and the 2021 International Property Maintenance Code (IPMC) are included. The 2019 ISPSC and IPMC were previously adopted and will be replaced by the 2022 versions. The California Energy Code and Green Building Standards Code are being adopted under separate ordinances which were established in the previous code adoption cycle due to the introduction of “reach code” amendments as part of the adoption of these codes. Adoption of the new 2022 codes will ensure that buildings and structures in Milpitas will safeguard the health, safety, and general welfare of the public. Staff recommends that the Council introduce the proposed ordinance adopting the new codes with amendments and set a public hearing on December 6, 2022. This timeline will allow notice of the public hearing to be published once a week for two successive weeks pursuant to Government Code Section 6066.

POLICY ALTERNATIVE(S):

Alternative 1: Adopt the new codes with modifications to the amendments and / or include only a portion of the amendments.

Pros: Would provide a limited increase over the baseline minimum safety standards.

Cons: Would not give full consideration for local conditions in Milpitas.

Reason for Not Recommending: Would not provide the complete code adoption with amendments to address local conditions in Milpitas.

FISCAL IMPACT:

There is no cost to the City other than administrative staff time and expense. Staff training on the new codes is needed and has been planned for in the budget. Training has begun and will be ongoing.

California Environmental Quality Act (CEQA):

RECOMMENDATIONS:

Following the City Attorney’s reading of the title, move to waive the first reading beyond the title and introduce Ordinance No. 65.152 amending Chapters 3, 3.5, 4, 5, 6, 7, 10, 14, and 150 of Title II of the Milpitas Municipal Code relating to Code Administration; adopting by reference the 2022 California Building Code, 2022 California Residential Code, 2021 International Property Maintenance Code, 2022 California Mechanical Code, 2022 78 Item # C8.

California Electrical Code, 2022 California Plumbing Code, 2021 International Swimming Pool and Spa Code, 2022 California Existing Building Code, and 2022 California Historical Building Code, with amendments. Set a public hearing on December 6, 2022, pursuant to California Government Code Section 50022.3, for adoption of the Ordinance.

Attachment(s):

1. Ordinance No. 65.152
79 Item # C8.
1 Ordinance No. 65.152

REGULAR
NUMBER: 65.152
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING CHAPTERS 3, 3.5, 4, 5, 6, 7, 10, 13, 14, AND 150, OF TITLE II OF THE MILPITAS MUNICIPAL CODE RELATING TO CODE ADMINISTRATION; ADOPTING BY REFERENCE THE 20 22 CALIFORNIA BUILDING CODE, 20 22 CALIFORNIA RESIDENTIAL CODE, 2022 CALIFORNIA MECHANICAL CODE, 20 22 CALIFORNIA ELECTRICAL CODE, 20 22 CALIFORNIA PLUMBING CODE, 2021 INTERNATIONAL PROPERTY MAINTAINENANCE CODE, 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE, 2022 CALIFORNIA EXISTING BUILDING CODE, AND 20 22 CALIFORNIA HISTORICAL BUILDING CODE, WITH AMENDMENTS.

HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ______ ____, 2022, upon motion by _________________________, and was adopted (second reading) by the City Council at its meeting of ____________________, upon motion by __________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

________________________________ __________________________ Suzanne Guzzetta ,City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

________________________________
Michael Mutalipassi , City Attorney

80 Item # C8.
2 Ordinance No. 65.152
RECITALS:

WHEREAS, the California Building Standards Commission has adopted and published an updated Title 24 of the California Code of Regulations, also referred to as the 2022 California Building Standards Code, that will become effective statewide on January 1, 2023; and

WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 establish the authority for a city to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code; and

WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 permit a city to make such local amendments and modifications as the city determines are reasonably necessary because of local climatic, geological or topographical conditions; and

WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 require a city, before making any amendments and modifications to the California Building Standards Code, make an express finding that such amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions; and

WHEREAS, the City of Milpitas has reviewed and intends to adopt the 2022 California Building Standards Code and the 2021 International Property Maintenance Code and 2021 International Swimming Pool and Spa Code.

WHEREAS, the City Council wishes to amend portions of the California Building Standards Code to better address local conditions and makes express findings that such amendments are reasonably necessary because of local climatic, geological or topographical conditions as set forth in this Ordinance.

NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:

SECTION 1. RECORD AND BASIS FOR ACTION

The City Council has duly considered the full record before it, which may include but is not limi ted to the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT

The City Council hereby finds and determines that this O rdinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3) , which exempts from CEQA any project 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. Adoption of the proposed Ordinance would not be an activity with potential to cause significant effect on the envi ronment because the changes made to the California Building Standard s Code within are enacted to mitigate the threats posed to public peace, health and safety from earthquakes, storms, floods, high winds and fire, and therefore is exempt from CEQA. Therefore, it can be seen with certainty that there is no possibility that the Ordinance in question may have a significant effect on the environment; accordingly, the Ordinance is categorically exempt from CEQA.

SECTION 3. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE II Chapters 3, 3.5, 4, 5, 6, 7, 10, 13, 14, and 150, of Title II of the Milpitas Municipal Code are hereby amended with the text below to read as follows:

Section 4 Appeals
II-1-4.01
81 Item # C8.
3 Ordinance No. 65.152

Chapter 3 – BUILDING CODE

Chapter 3 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:

Sections:

Section 1 – Adoption of the Building Code
Section 2 – Amendments to the Building Code

Section 1 Adoption of the Building Code
II-3-1.01
The 2 022 California Building Code, published and copyrighted by the International Code Council, Inc. and the California Building Standards Commission in Part 2 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. This adoption includes Appendix I. The 2022 California Building Code shall be designated and referred to as the “Building Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.

Section 2 Amendments to the Building Code

II-3-2.01 Amendments: Chapter 4
Amend Section 402.5 of the California Building Code by deleting the exception.

Amend Section 403.3 of the California Building Code by deleting all exceptions.

Amend Section 404.3 of the California Building Code by deleting all exceptions.

Amend Section 410.6 of the California Building Code by deleting all exceptions.

II-3-2.02 Amendment: Section 1505.1.5
Amend Section 1505 of the California Building Code by adding Section 1505.1.5 to read as follows:

1505.1.5 Roofing requirements for hillside construction. Class A or Class B roof covering shall be required for all hillside construction.

II-3-2.03 Amendment: Section 1705.3 Exception 1
Amend Section 1705.3 Exception 1 of the California Building Code to read as follows:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based upon a specified compressive strength, f’c , no greater than 2,500 pounds per square inch (psi) (17.2 MPa).

II-3-2.04 Amendment: Section 1808.1
Amend Section 1808.1 of the California Building Code to read as follows:

All new foundations for building additions to R-3 occupancies shall be of the same type of foundation system as the existing structure, unless foundation design recommendation from a soils engineer is provided and the foundation system is designed, and plans, calculations, and specifications are prepared, stamped and signed, by a C alifornia licensed engineer or architect.

II-3-2.05 Amendment: Table 2308.6.1
Amend Table 2308.6.1 title and footnotes to read as follows:

1. TABLE 2308.6. 1a, f, g

2. Footnotes “f” and “g” are added to Table 2308.6.1, to read:
82 Item # C8.
4 Ordinance No. 65.152
f. Methods PBS, HPS, and SFB are not permitted in Seismic Design Categories D or E. g. Methods GB, DWB and PCP are not permitted in Seismic Design Category E.

Chapter 3.5 – RESIDENTIAL CODE
Chapter 3.5 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:

Sections:

Section 1 – Adoption of the Residential Code
Section 2 – Amendments to the Residential Code

Section 1 Adoption of the Residential Code
II-3.5-1.01
The 2022 California Residential Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 2.5 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. This adoption includes Appendix AH and Appendix AK. The 2022 California Residential Code shall be designated and referred to as the
“Residential Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.

Section 2 Amendments to the Residential Code
II-3.5-2.01 Amendment: Section R902.1.5
Amend Section R902 of the California Residential Code by adding Section R902.1.5 to read as follows:

R902.1.5 Roofing requirements for hillside construction. Class A or Class B roof covering shall be required for all hillside construction.

II-3-3.5-2.02 Amendment: Table R602.10.3(3)

Amend Table R602.10.3(3) title and footnotes to read:

TABLE R602.10.3(3)i, j

Footnotes:
i. Methods PBS, HPS, SFB and CS-SFB are not permitted in Seismic Design Categories D0, D1, and D2. j. Methods GB, DWB and PCP are not permitted in Seismic Design Categories D0, D1, and D2 where S1 is greater than or equal to 0.75.

II-3.5-2.03 Amendment: Section R403.1
Amend Section R403.1 of the California Residential Code to read as follows:

Chapter 4 – PROPERTY MAINTENANCE CODE
83 Item # C8.
5 Ordinance No. 65.152
Chapter 4 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:

Sections:

Section 1 – Adoption of the Property Maintenance Code
Section 2 – Amendments to the Property Maintenance Code

Section 1 Adoption of the Property Maintenance Code
II-4-1.01
The 2021 International Property Maintenance Code, published by the International Code Council, Inc., is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2021 International Property Maintenance Code shall be designated and referred to as the “ Property Maintenance Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.

Section 2 – Amendments to the Property Maintenance Code

II-4-1.02
Delete Section 404.5 of the International Property Maintenance Code.

Delete Table 404.5 of the International Property Maintenance Code.

Delete Section 404.5.1 of the International Property Maintenance Code.

Delete Section 404.5.2 of the International Property Maintenance Code.

Chapter 5 – MECHANICAL CODE
Chapter 5 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:

Sections:

Section 1 – Adoption of the Mechanical Code
Section 1 Adoption of the Mechanical Code
II-5-1.01
The 2022 California Mechanical Code, published and copyrighted by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission in Part 4 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2022 California Mechanical Code shall be designated and referred to as the “Mechanical Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.

Chapter 6 – ELECTRICAL CODE
Chapter 6 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:

Sections:

Section 1 – Adoption of the Electrical Code
Section 2 – Amendments to the Electrical Code

Section 1 Adoption of the Electrical Code
84 Item # C8.
6 Ordinance No. 65.152
II-6-1.01
The 2022 California Electrical Code, published and copyrighted by the National Fire Protection Agency and the California Building Standards Commission in Part 3 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Annexes A, B, C, D, and F. The 2022 California Electrical Code shall be designated and referred to as the “Electrical Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.

Section 2 Amendments to the Electrical Code
II-6-2.01
Amend Section 230.2 of the California Electrical Code by adding subsection (F) to read as follows:

230.2(F). Underground Service. All new electrical services shall be underground and installed per Section 230.30, Underground Service-Lateral Conductors. Exception: Relocation or replacement of existing electrical services at existing buildings.

II-6-2.02
Amend Section 230.70(A) of the California Electrical Code by adding subsection (4) to read as follows:

(4) Main Service Disconnect Location. The building main service disconnect and/or disconnects shall be installed on the first floor level of the building, in accordance with 230.70(A)(1), (A)(2), and (A)(3).

II-6-2.03
Amend Section 250.50 of the California Electrical Code by adding subsection (A) to read as follows:

250.50(A). Grounding System in New Buildings. Grounding electrode systems in all new buildings shall be an electrode encased by at least 50 mm (two inches) of concrete, located horizontally near the bottom or vertically, and within that portion of a concrete foundation or footing that is in direct contact with earth. The electrode shall consist of at least 6.0 m (20 feet) of one or more steel reinforcing bars or rods, of not less than 13 mm (½ inch) diameter, or consisting of at least 6.0 m (20 feet) of bare copper conductor not smaller than 4 AWG. Th e connection side of this concrete-encased electrode shall be located remotely away from the main electrical service equipment.

Chapter 7 – PLUMBING CODE
Chapter 7 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:

Sections:

Section 1 – Adoption of the Plumbing Code

Section 1 Adoption of the Plumbing Code
II-7-1.01
The 2022 California Plumbing Code, published and copyrighted by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission in Part 5 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though ful ly set forth herein. The adoption includes Appendices A , B, C, D, I, and M . The 2022California Plumbing Code shall be designated and referred to as the “ Plumbing Code” for the City of Milpitas.

There is one copy of said code on file in the office of the Building Official for use and examination by the public.

Chapter 10 – SWIMMING POOL AND SPA CODE
Chapter 10 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:
85 Item # C8.
7 Ordinance No. 65.152
Sections:

Section 1 – Adoption of the Swimming Pool and Spa Code
Section 1 Adoption of the Swimming Pool and Spa Code
II-10-1.01
The 2021 International Swimming Pool and Spa Code, published by the International Code Council, Inc., is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2021 International Swimming Pool and Spa Code shall be designated and referred to as the “Swimming Pool and Spa Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.

Chapter 14 – EXISTING BUILDING CODE
Chapter 14 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:

Sections:

Section 1 – Adoption of the Existing Building Code
Section 1 Adoption of the Existing Building Code
II-14-1.01
The 2022 California Existing Building Code, published and copyrighted by the International Code Council, Inc. and the California Building Standards Commission in Part 10 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Appendices A1, A2, A3, and A5. The 2022 California Existing Building Code shall be designated and referred to as the “Existing Building Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.

Chapter 150 – HISTORICAL BUILDING CODE

Chapter 150 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:

Sections:

Section 1 – Adoption of Historical Building Code

Section 1 Adoption of the Historical Building Code

II-150-1.01
The 2022 California Historical Building Code, published and copyrighted by the International Code Council, Inc. and the California Building Standards Commission in Part 8 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 20 22 California Historical Building Code shall be designated and referred to as the “Historical Building Code” for the City of Milpitas . There is one copy of said Code on file in the office of the Building Official for use and examination by the public.

SECTION 4. EXPRESS FINDINGS

Pursuant to California Health and Safety Code Sections 17958.7 and 18941.5, the City Council hereby finds that the above amendments are necessary due to local climatic, geological or topographical conditions as set forth in Exhibit A. 86 Item # C8.
8 Ordinance No. 65.152

SECTION 5. REPEAL OF CONFLICTING ORDINANCES

Upon adoption of each new California Building Standards Code, the Ordinance adopting the previously adopted California Building Standards Code is superseded in its entirety. This Ordinance does not repeal Ordinance No. 65.148, which adopts by reference and amends the 2019 California Energy Code, Ordinance No. 65.149, which adopts by reference and amends the 2019 California Green Building Standards Code, nor Ordinance No. 113.25, which adopts by reference and amends the 2019 California Fire Code.

SECTION 6. SEVERABILITY

The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.

SECTION 7. EFFECTIVE DATE AND POSTING

In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its final adoption by the City Council, but no sooner than January 1, 202 3. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.

87 Item # C8.
9 Ordinance No. 65.152

EXHIBIT A

FINDINGS IN SUPPORT OF AMENDMENTS
TO TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS:

LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS

Chapter 3 – BUILDING CODE

The proposed substantive amendments to the Building Code involve the following:
(1) Automatic sprinkler systems
(2) Roofing cover requirement for hillside areas
(3) Special inspection exception
(4) Foundations and foundation reinforcement
(5) Restrict use of bracing methods

The following findings support that the above amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions:

(1) Automatic sprinkler systems

Amending the Code to remove exceptions where aut omatic sprinklers are not required is due to Milpitas being situated in an area of high seismic activities as indicated by the United States Geological Survey and the California Division of Mines and Geology. There is a higher level of risk for significant building damage and fire due to the higher incidence and magnitude of earthquakes in this area. Maintaining a higher level of life-safety of building occupants by providing removal of exceptions to installation of automatic fire sprinkler systems is therefore required.

(2) Roofing cover requirement for hillside areas

Amending the Code to require that the roof covering for structures in the hillside area is a minimum Class B is necessary due to the climatic conditions of the area. The hillside area has a long history of high winds, with an associated higher risk of accelerated and more significant structure damage and higher potential for related casualties.

(3) Special inspection exception

Amending the Code to require special inspection for isolated spread concrete footings of buildings of three stories or less where the structural design of the footing is based upon a specified compressive strength of concrete greater than 2,500 psi is necessary due to expansive (clay) soils and seismic activity common to this geological area.

(4) Foundations and foundation reinforcement

Amending the Code to require all new foundations for building additions to R-3 occupancies shall be of the same type of foundation system as the existing structure, unless foundation design recommendation from a soils engineer is provided, and the foundation system is designed, and plans, calculations, and specifications are prepared, stamped and signed, by a California licensed engineer or architect, is necessary due to expansive (clay) soils and seismic activity common to this geological area.

(5) Restrict use of bracing methods

Amending the Code Table 2308.6.1 with added footnotes f and g to prohibit the use of bracing methods PBS, HPS, and SFB in seismic design categories D or E, and prohibit the use of bracing methods GB, DWB and PCP in seismic design category E due to their poor performance in earthquakes. Milpitas is in seismic design category D2 with potential for frequent and more intense seismic activity 88 Item # C8.
10 Ordinance No. 65.152

Chapter 3.5 – RESIDENTIAL CODE

The proposed substantive amendments to the Residential Code involve the following:
(1) Roofing cover requirement for hillside areas
(2) Restrict use of bracing methods
(3) Foundations and foundation reinforcement

The following findings support that the above amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions:

(1) Roofing cover requirement for hillside areas

(2) Restrict use of bracing methods

Amending the Code Table R602.10.3(3) and adding footnotes I and j to restrict the use of bracing methods PBS, HPS, SFB, CS-SFB, GB, DWB and PCP in Seismic Design Categories D0, D1 and D2 due to their poor performance in earthquakes. Milpitas is in seismic design category D2.

(3) Foundations and foundation reinforcement

Chapter 6 – ELECTRICAL CODE

The proposed substantive amendments to the Electrical Code involve the following:
(1) Requirement for all new electrical services to be underground (2) Disconnects of electrical power for each building to be in a readily accessible location on the first floor
(3) Grounding systems in new buildings shall be an electrode encased in concrete

The following findings support that the above amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions:

(1) Requirement for all new electrical services to be underground

Buildings in many areas of Milpitas are located in high wind areas and flood plains. Due to these local climatic conditions, amending the Code to provide for elimination of overhead services that are inherently less safe in the event of windstorms and floods will provide a higher level of safety.

(2) Disconnects of electrical power for each building to be in a readily accessible location on the first floor 89 Item # C8.
11 Ordinance No. 65.152

Amending the Code provides for a quicker means of finding the location of the main power disconnects to buildings in the event of seismic events and related potential for fire and other emergencies. This is critical as Milpitas is located in in an area of high seismic activities.

(3) Grounding systems in new buildings shall be an electrode encased in concrete

Amending the Code allows significantly higher assurances that the grounding of the building electrical system will not deteriorate and fail due to the acidic and expansive properties of local soils. Other types of grounding, such as rods, will be subject to deterioration in local soils , whereas an encased electrode will not be in contact with the soils.

Providing equipment grounding conductors enhances capability of keeping electrical systems grounded, which is important in high amperage electrical services common to the City of Milpitas. 90 Item # C8.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Introduce Ordinance No. 113.26 Adopting by Reference with Certain Local Amendments the 2022 Edition of the California Fire Code and Set a Public Hearing for December 6, 2022 (Staff Contact: Arthur Belton, Deputy Fire Chief / Fire Marshal, 408-586-3384)
Category: Public Safety

Meeting Date: 10/18/2022
Recommendation: (1) Following the City Attorney reading aloud the title, waive the first reading beyond the title of Ordinance No. 113.26; (2) Move to introduce Ordinance No. 113.26, to be enacted as Chapter 300, Title V of the Milpitas Municipal Code; and (3) Set a public hearing for Tuesday, December 6, 2022 at 7:00 p.m. in the Milpitas City Council Chambers to consider adoption of Ordinance No. 113.26, adopting by reference with certain local amendments the 2022 Edition of the California Fire Code.

Background:

The California State Building Standards Commission adopted the 2021 International Fire Code with State Amendments, known as the 2022 Edition of the California Fire Code, which becomes effective by all local jurisdictions on January 1, 2023. For jurisdictions to maintain their current level of regulation without interruption, the code must be adopted with local amendments. As with past code adoptions, the Santa Clara County Fire Marshals Association collaborated to develop standardized amendments for use throughout the County that would maintain the existing level of regulation for the protection of public health and safety.

The proposed Ordinance includes certain findings necessary to locally amend portions of the California Fire Code. Such findings shall be based on but not limited to Health and Safety Code Sections 18941.5, as well as 17958.5 and 17958.7, relative to local climatic, geographical, or topographical conditions.

Analysis:

The California Fire Code and local amendments are typically adopted every three years. The 2019 Edition of the California Fire Code with certain local amendments was adopted by the Milpitas City Council on December 3, 2019 and became effective January 1, 2020.

The California Fire Code is Part 9 of 13 parts of the official compilation and publication of adoptions, amendment, and repeal of building regulations to the California Code of Regulations, Title 24 which is also referred to as the California Building Standards Code. The California Building Standards Code incorporates by adoption the 2021 International Fire Code of the International Code Council with necessary California Amendments.

The purpose of the California Fire Code is to establish the minimum requirements consistent with nationally recognized best practices to safeguard public health, safety and general welfare from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures, and premises, and to provide safety and assistance to fire fighters and emergency responders during emergency operations.

The provisions of the California Fire Code shall apply to the construction, alterations, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every 91 Item # C9.

building or structure or any appurtenances connected or attached to such building structures throughout the State of California.

Policy Alternative(s):

Alternative 1: Do Not Adopt Certain Local Amendments for the 2022 California Fire Code Pros: None
Cons: Not adopting certain local amendments in conjunction with the 2022 California Fire Code does not address some of the unique concerns and nuances relative to the residential, commercial, and industrial communities within the City of Milpitas.

Reason not recommended: To further save lives and preserve property, as well as ensuring the highest level of public safety for the community of Milpitas, local amendments must be addressed.

Fiscal Impact:

Section 66014 of the California Government Code as referenced in the Health & Safety Code Section 13146, as well as the 2022 California Fire Code Sections 1.11.2.1.1, and Section 106.2, allows fire departments to charge fees for permit, inspection, and enforcement activities. The recently adopted City of Milpitas Master Fee Schedule that became effective on July 1, 2022, aligns with the above Code Sections.

California Environmental Quality Act:

Recommendations:

1. Following the City Attorney reading aloud the title, waive the first reading beyond the title of Ordinance No. 113.26.

2. Move to introduce Ordinance No. 113.26, to be enacted as Chapter 300, Title V of the Milpitas Municipal Code.

3. Set a public hearing for Tuesday, December 6, 2022 at 7:00 p.m. in the Milpitas City Council Chambers and via teleconference/Zoom webinar to consider adoption of Ordinance No. 113.26, adopting by reference with certain local amendments the 2022 Edition of the California Fire Code.

Attachment:

Draft Ordinance No. 113.26 (Milpitas Municipal Code Title V, Chapter 300)

92 Item # C9.

REGULAR

NUMBER: 113.26

TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS REPEALING AND REPLACING CHAPTER 300 OF TITLE V OF THE MILPITAS MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE WITH

SPECIFIED LOCAL AMENDMENTS

HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________, upon motion by _________________, and was adopted (second reading) by the City Council at its meeting of _____________________ upon motion by Councilmember __________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

________________________________ ________________________________ Suzanne Guzzetta, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

________________________________
Michael Mutalipassi, City Attorney

93 Item # C9.

Ordinance No. 113.26
2 RECITALS AND FINDINGS:

WHEREAS, the City Council of the City of Milpitas intends to adopt by reference into the Milpitas Municipal Code the 2022 California Fire Code; and

WHEREAS, in doing so, the City Council wishes to amend portions of the California Fire Code to better address local concerns and to be consistent with amendments made by the other jurisdictions in Santa Clara County as well as neighboring counties in the Bay Area

WHEREAS, Health and Safety Code Section s 17958.5, 17958.7, and 18941.5 require such amendments to be reasonably necessary because of local climatic, geological or topographical conditions; and

WHEREAS, the City Council hereby makes the following findings with respect to the amendments to the 2022 California Fire Code:

A. The local climatic conditions of the City of Milpitas can affect the acceleration, intensity, and size of fires.

Average annual rainfall for the City of Milpitas (approximately 14.9 inches per year), and drought conditions in the State of California require water-use restrictions and may also limit access to water during emergencies. Prevailing winds from the Northwest have velocities ranging from 5-mph to 15-mph, but the region has experienced extreme winds up to 60 mph.

Times of little rainfall and high winds can exacerbate and spread fires.

B. The local geological and topographical conditions of the City of Milpitas can affect the response time of emergency service providers. The San Francisco Bay area region is densely populated and located in an area of high seismic activities. In particular, the City of Milpitas is located near the San Andreas Fault zone, which is capable of producing major earthquakes. Should a significant seismic event occur, hazardous materials and gases may be leaked and expose members of the public to significant health risks. Severe seismic events could disrupt communications, damage gas mains, and cause extensive electrical hazards that may exacerbate the size and number of emergencies, and consequently hinder the Fire Department’s ability to respond to emergencies effectively and in a timely manner.

NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:

SECTION 1. RECORD AND BASIS FOR ACTION

The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

The City Council finds that the above-listed findings correspond with the following amendments to the 2022 California Fire Code:

Amendment Finding(s)
101.1 Administrative
102.3 Administrative
102.4 Administrative
102.5 Administrative
103.2 Administrative
104.10 Administrative
105.1 Administrative
105.2 Administrative
105.5-105.5.63 Administrative
105.6-105.6.25 Administrative
107.2 Administrative
94 Item # C9.

Ordinance No. 113.26
3 108.1-108.7 Administrative
111.1-111.3 Administrative
112.1.1-112.1.8 Administrative
202 Findings A & B
316.7 Finding A
503-503.1 Finding A
503.2.1 Finding A
503.2.4 Finding B
503.7 Finding A
504.3.1 Finding A
504.5 Finding A
504.6 Finding A
505.3 Finding A
507.5.1.1 Finding A
507.5.7 Finding A
508.1-508.1.2 Finding A
508.1.6 Finding A
510.1 Finding B
510.5 Finding B
510.5.3 Finding B
605.5 Finding A
605.5.2.1.1 Finding A
606.1.1 Findings A & B
903.1.2 Findings A & B
903.2 Findings A & B
903.2.11.7 Finding B
903.3.1.1 Findings A & B
903.3.1.4 Findings A & B
903.3.5.3-903.3.5.7 Findings A & B
907.2.9.1 Findings A & B
913.7 Findings A & B
914.2.1 Findings A & B
914.3.1 Findings A & B
914.3.9-914.3.10 Findings A & B
914.4.1 Findings A & B
914.6.1 Findings A & B
914.12 Findings A & B
916.8 Findings A & B
1103.2 Findings A & B
1207.6.1-1207.6.1.2 Findings A & B
1207.6.2-1207.6.2.1.2 Findings A & B
2807.6 Findings A & B
2808.11 Findings A & B
3103.2 Findings A & B
3304.8 Findings A & B
3311.1-3311.1.1 Findings A & B
3315.1 Finding B
5001.2.2.2 Finding B
5001.5.1-5001.5.1.1 Finding B
95 Item # C9.

Ordinance No. 113.26
4 5003.1.3.1 Finding B
5003.1.5 Finding B
5003.1.6 Finding B
5003.2.2.1-5003.2.2.2 Finding B
5003.3.1 Finding B
5003.5.2-5003.5.3 Finding B
5003.9.8 Finding B
5003.9.11 Finding B
5003.9.12 Finding B
5003.10.4.3 Finding B
5004.2.1 Findings A & B
5004.2.2 Findings A & B
5004.2.2.2 Findings A & B
5004.2.2.5 Findings A & B
5004.2.3 Findings A & B
5005.4.4 Findings A & B
5303.5.3 Finding B
5601.1.3 Findings A & B
5704.2.7.5.8-5704.2.7.5.9 Finding B
5707 Finding B
5707.3.3 Finding B
5707.3-5707.4 Finding B
5707.5.5 Finding B
5707.6.4-5707.6.7 Finding B
5809.3.4 Finding B
6004-6004.1.1.3 Finding B
6004.1.2-6004.1.14 Finding B
6004.2-6004.2.2.10.4 Finding B
6004.3-6004.3.3 Finding B
6405.3.1 Finding B
D101.1 Finding A
D103.1 Finding A
D104.1-D104.2 Finding A
D105.2 Finding A
D106.1 Findings A & B
D106.2 Findings A & B
D107.1 Findings A & B
H103, Appendix H Finding B
H3, Appendix H Finding B

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT

The City Council hereby finds and determines that this Ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq. ) and is categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3) , which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environmen t Adoption of the proposed Ordinance would not be an activity with potential to cause significant effect on the environment because the changes made to the California Building Standard Code within are enacted to mitigate the threats posed to public peace, health and safety from earthquakes, high winds and fire, and therefore is exempt from CEQA. Therefore, it can be seen with certainty that there is no possibility that the Ordinance in question may have a significant effect on the environment; accordingly, the Ordinance is categorically exempt from CEQA. 96 Item # C9.

Ordinance No. 113.26
5 SECTION 3. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 300

Chapter 300 of Title V of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:

Chapter 300

FIRE CODE

Sections:

V-300-1 Adoption of the California Fire Code, 2022 Edition V-300-2 Amendments to the 2022 California Fire Code

V-300-1.01 Adoption of the California Fire Code, 2022 Edition

An Ordinance of the City of Milpitas adopting the 2022 edition of the California Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, an d from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Milpitas providing for the issuance of permits and collection of fees. That a certain document, except as herein amended, one (1) copy of which is on file in the office of the City Clerk, known as the California Fire Code, including Chapter 1, Chapter 4, and Appendices B, BB, C, CC, D, H and K as published by the International Code Council, based on the International Fire Code, 2018 Edition, is hereby adopted by reference as the Fire Code for the City of Milpitas in the State of California regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, mat erials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this Ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this Ordinance.

V-300-2.01 Amendments to the 2022 California Fire Code
Chapter 1, Scope and Administration, of the California Fire Code, 2022 Edition, is hereby adopted and amended as follows:

V-300-2.02
Section 101.1 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

101.1 Title. These regulations shall be known as the Fire Code of the City of Milpitas, herein referred to as ‘this Code.’

V-300-2.03
Section 102.3 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

102.3 Changes in use or occupancy. No change shall be made in the use or occupancy of any structure that would place the structure in a different div ision of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of this Code and the City of Milpitas Building Codes adopted under Title II of the Milpitas Municipal Code. Subject to the approval of the fire code official, the use or occupancy of an existing structure shall be allowed to be changed and the structure is allowed to be occupied for purposes in other groups without conforming to all of the requirements of thi s Code and the City of Milpitas Building Codes for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use.

V-300-2.04
97 Item # C9.

Ordinance No. 113.26
6 Section 102.4 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

102.4 Application of Building Code. The design and construction of new structures shall comply with the City of Milpitas Building Codes adopted under Title II of the Milpitas Municipal Code, and any alterations, additions, changes in use or changes in structures required by this Code, which are within the scope of the City of Milpitas Building Codes, shall be made in accordance therewith.

V-300-2.05
Section 102.5 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

102.5 Application of Residential Code. Where structures are designed and constructed in accordance with the City of Milpitas Building Codes adopted under Title II of the Milpitas Municipal Code , the provisions of this Code shall apply as follows:

1. Construction and design provisions: Provisions of this Code pertaining to the exterior of the structure shall apply, including, but not limited to premises identification, fire apparatus access and water supplies. Where inter ior or exterior systems or devise are installed, construction permits required by Section 105.7 of this Code shall also apply.

2. Administrative, operational and maintenance provisions: All such provision of this Code shall apply.

V-300-2.06
Section 103.2 of the California Fire Code, 2022 Edition, is deleted in its entirety.

V-300-2.07
Section 104.10 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

104.10 Fire Investigations. The fire code official, the fire department or other responsible authority shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition.

Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law.

The fire code official and authorized members of the fire department shall have the powers of a peace officer pursuant to Penal Code Section 830.37. Other members of the fire department, as designated by the Fire Chief, may issue citations for violations of fire-related laws and ordinances pursuant to Penal Code Section 836.5.

V-300-2.08
Section 105.1 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

105.1 General. Permits shall be in accordance with Sections 105.1.1 through 105.7.26.

V-300-2.09
Section 105.2 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

105.2 Application. Applications for a permit required by this Code shall be made to the fire code official in such form and detail as prescribed by the fire code official. Applications for permits shall be accompanied by such plans as prescribed by the fire code official. Said application shall be accompanied by a fee in the amount set by Section 106.2 of this Code.

V-300-2.10
Section 105.5 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.5.1 through 105.5.63.

98 Item # C9.

Ordinance No. 113.26
7 V-300-2.11
Table 105.5.9 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

TABLE 105.5.9
PERMIT AMOUNTS FOR COMPRESSED GASES1

TYPE OF GAS AMOUNT (cubic feet)2
X 0.0283 for m3
Carbon dioxide used in carbon dioxide enrichment systems 875 (100lb) Carbon dioxide used in insulated liquid carbon dioxide beverage dispensing applications
875 (100lb)
Corrosive 200
Flammable (except cryogenic and liquefied petroleum gases) 200 Highly toxic Any amount
Inert and simple asphyxiant 200
Irritant 200
Moderately toxic 20
Other health hazards 200
Oxidizing (including oxygen) 200
Pyrophoric Any amount
Radioactive Any amount
Sensitizer 200
Toxic Any Amount
Unstable (reactive) Any amount
For SI: 1 cubic foot = 0.02832m3.

1 Refer to Chapters 27, 30, 32, 35, 37, 40 and 41 for additional requirements and exceptions. 2 Cubic feet measured at normal temperature and pressure. 3 V-300-2.12
Tab of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

TABLE 105.5.11

PERMIT AMOUNTS FOR CRYOGENIC FLUIDS

TYPE OF CRYOGENIC FLUID INSIDE BUILDING
(gallons)

OUTSIDE BUILDING
(gallons)
Flammable More than 1 55
Inert 55 55
Oxidizing (includes oxygen) 10 50
Physical or health hazard not indicated above Any Amount Any Amount For SI: 1 gallon = 3.785 L

V-300-2.13
Section 105.5.18 , subsections (3.), (10.) and (11.) of the California Fire Code, 2022 Edition, are amended to read as follows:

3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95L) in a building or in excess of 55 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment.

99 Item # C9.

Ordinance No. 113.26
8 10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or to engage in on -demand mobile fueling operations in accordance with Section 5707.

11. To utilize a site for the dispensing of liquid fuels from tank vehicle into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or to utilize a site for on-demand mobile fueling operations in accordance with Section 5707.

V-300-2.14
Table 105.5.22 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

TABLE 105.5.22

PERMIT AMOUNTS FOR HAZARDOUS MATERIALS

TYPE OF MATERIAL AMOUNT
Carcinogens 10 pounds
Combustible liquids
Inside
Outside

25 gallons
55 gallons
Corrosive materials:

Gases See Table 105.5.9
Liquids 55 gallons
Solids 500 pounds
Cryogens See Table 105.5.11
Explosive materials Any Amount
Flammable materials:

Gases See Table 105.5.9
Liquids See Section 105.5.18
Solids 10 pounds
Highly toxic materials:

Gases Any amount
Liquids Any amount
Solids Any amount
Moderately toxic gas 20 cubic feet
Organic peroxides:

Liquids: Class I-II Any Amount
Liquids: Class III 1 gallon
Liquids: Class IV 2 gallons
Liquids: Class V No Permit Required
Solids: Class I-II Any Amount
Solids: Class III 10 pounds
Solids: Class IV 20 pounds
Solids: Class V No Permit Required
Oxidizing materials:

Gases See Table 105.5.9
Liquids: Class 4 Any amount
Liquids: Class 3 1 gallon
Liquids: Class 2 10 gallons
Liquids: Class 1 55 gallons
Solids: Class 4 Any amount
Solids: Class 3 10 pounds
Solids: Class 2 100 pounds
Solids: Class 1 500 pounds
100
Item # C9.

Ordinance No. 113.26
9 TYPE OF MATERIAL AMOUNT
Other health hazards and Class IIIB Combustible Liquids:

Liquids 55 gallons
Solids 500 pounds
Pyrophoric materials:

Gases Any amount
Liquids Any amount
Solids Any amount
Radioactive materials:

Gases Any Amount
Liquids See Section 105.5.61
Solids See Section 105.5.61
Toxic materials:

Gases Any amount
Liquids 10 gallons
Solids 100 pounds
Unstable (reactive) materials:

Liquids
Class 4 & 3
Class 2
Class 1
Solids
Class 4 & 3
Class2
Class 1

Any Amount
5 gallons
10 gallons

Any Amount
50 pounds
100 pounds
Water-reactive materials:

Liquids
Class 3
Class 2
Class 1
Solids
Class 3
Class 2
Class 1

Any amount
5 gallons
55 gallons

Any Amount
50 pounds
500 pounds
For SI: 1 gallon = 3.785 L, 1 pound = 0.454kg.

V-300-2.15
Section 105.5.49 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

105.5.49 Temporary membrane structures, tents and canopies. An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 200 square feet (19 m 2), or a canopy in excess of 400 square feet (37 m 2). Smaller tents or canopies set side by side are considered as one, unless separated from each other by 10 feet on all sides.

Exceptions:

1. Tents used exclusively for recreational camping purposes.

V-300-2.16
Section 105.5.55 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

105.5.55 B Occupancy restaurants. An operational permit is required to operate a B Occupancy restaurant.

101
Item # C9.

Ordinance No. 113.26
10 V-300-2.17
Section 105.5.57 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

105.5.57 Day care facility. An operational permit is required to operate a large family day care home facility, a Group E day care facility or a Group I-4 day care facility.

V-300-2.18
Section 105.5.58 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

105.5.58 Emergency responders radio coverage system. An operational permit is required to operate an emergency responders radio coverage system in accordance with Section 510.

V-300-2.19
Section 105.5.59 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

105.5.59 On-demand mobile fueling operations. An operational permit is required to conduct on-demand mobile fueling operations. An independent permit is required for the site and the vendor/mobile fuel operator.

V-300-2.20
Section 105.5.60 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

105.5.60 Private School. An operational permit is required to operate a private school Occupancy Group E or a heritage school (CA Education Code Section 33195.4).

V-300-2.21
Section 105.5.61 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

105.5.61 Radioactive materials. To store or handle at any installation more than one microcurie (37,000 becquerel) of radioactive material not contained in a sealed source or more than 1 millicurie (37,000,000 becquerel) of radioactive material in a sealed source or sources, or any amount of radioactive material for which a specific license(s) from the Nuclear Regulatory Commission is required.

V-300-2.22
Section 105.5.62 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

105.5.62 Water base fire protection systems. An operational permit is required to conduct inspections, testing and maintenance of a water base fire protection system in conformance with the CA Code of Regulations, Title 19, Division 1, Chapter 5.

V-300-2.23
Section 105.5.63 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

105.5.63 Woodworking. An operational permit is required to conduct woodworking operations involving mass production or involving more than one of each type of machine, or where machines are used continuously (as opposed to intermittently) or substantial products of sawdust may be a problem.

V-300-2.24
Section 105.6 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

105.6 Required construction permits. The fire code official is authorized to issue construction permits for work as set forth in Sections 105.6.1 through 105.6.25.

102
Item # C9.

Ordinance No. 113.26
11 V-300-2.2.25
Section 105.6.3 of the California Fire Code, 2022 Edition, is amended to read as follows:

105.6.3 Cryogenic fluids. A construction permit is required for the installation of or alteration to stationary cryogenic fluid storage systems where the system capacity exceeds the amounts listed in Table 105. 5.11. Maintenance performed in accordance with this Code is not considered to be an alteration and does not require a construction permit.

V-300-2.26
Section 105.6.24 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

105.6.24 Temporary membrane structures, tents and canopies. A construction permit is required to erect an air- supported temporary membrane structure or a tent having an area in excess of 200 square feet (19 m2), or a canopy in excess of 400 square feet (37 m 2). Smaller tents or canopies set side by side are considered as one, unless separated from each other by 10 feet on all sides.

Exceptions:

1. Tents used exclusively for recreational camping purposes

V-300-2.27
Section 105.6.25 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

105.6.25 Other building permits. The Building Department shall transmit to the Fire Department a copy of each plan submitted for construction, alteration, or change of use or occupancy for all occupancy classifications for review and approval for conformance to the fire code of the City of Milpitas. The fee for each permit shall be as set by Section 107.2 of this Code.

V-300-2.28
Section 106.1.1 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

106.1.1 Electronic documents. The fire code official may require electronic base documents for all construction documents, operational permits, and/or modified drawings for the need of Fire Department inspections and/or operations.

The fire code official shall designate the software base format for the electronic documents.

V-300-2.29
Section 107.2 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

107.2 Schedule of permit fees. The fee for each permit shall be as set forth by resolution of the City of Milpitas City Council. The City Council may establish fees sufficient to recover its costs in administering this Code and no permit shall be issued until such fees have been paid. For work not disclosed in the fee schedule set by Council, the fire code official has the right to assess the necessary fees to recover the Fire Department’s cost.

Operational Permits. All fees for annual operational fire permits under the provision of Section 105.5 of this Chapter shall be due and payable at the time of commencement of occupancy and said permit shall expire by December 31 of the same year. Fees for the renewal of such permit(s) shall be due and payable upon the expiration of the prior permit. No permit fee hereunder shall be refundable by reason of the cessation of occupancy during the permit period. Every annual permit fee that is not paid within a period of thirty (30) days from the time the same become due is hereby declared to be delinquent, and a penalty of 100% shall be added to say fee.

V-300-2.30
Section 108.1 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

108.1 Inspection authority. The fire code official is authorized to inspect, as often as necessary, buildings and premises, including such other hazards or applia nces designated by the fire code official for the purposes of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, result in 103
Item # C9.

Ordinance No. 113.26
12 an unauthorized discharge of hazardous materials, or any violation of this Code or any other law or standard affecting fire and life safety. The fee for each inspection shall be as set forth by resolution of the City Council. The City may establish fees sufficient to recover its costs in administering this Chapter.

V-300-2.31
Section 108.5 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

108.5 Documents. Any person or party who prevents or attempts to prevent any fire code official from examining any relevant books or records in the conduct of his or her official duties under this Code shall be in violation of this Code.

V-300-2.32
Section 108.6 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

108.6 Evidence. Any person or party who prevents or interferes with the preservation of evidence of any violation of any of the provisions of this Code or of the rules and regulations promulgated pursuant to this Code or any other Federal, State, or local law, rule, or regulation shall be in violation of this Code.

V-300-2.33
Section 108.7 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

108.7 Interference. Any person or party who willfully prevents, interferes with, or attempts to hinder in any way the work of the fire code official in the lawful enforcement of any provision of this Code, or fails to promptly permit entry for the purpose of inspection and examination pursuant to this Code shall be in violation of this Code.

V-300-2.34
Section 111.1 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

111.1 Appeals. Whenever the Fire Chief or his or her designee disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this Code do not apply or that the true intent and meaning of this Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the City Council or designee within ten (10) calendar days from the date of the decision appealed. Appeals shall be carried out pursuant to the provisions of Section 5 Appeals to Council of Chapter 20 Standard Procedures of Title I of the Milpitas Municipal Code. An appeal shall stay all proceedings in furtherance of the act or decision appealed unless the Fire Chief or his or her designee whose act is appealed shall certify in writing that a stay would, in his or her opinion, cause peril to life or property. Said certificate shall contain a detailed statement of the facts of which said peril arises and of the reasons for said opinion. The decision of the City Council or designee shall be final.

V-300-2.35
Section 111.2 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

111.2 Limitations on authority. An application for appeal shall be based on a claim that the intent of this Code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equivalent method of protection or safety is proposed.

V-300-2.36
Section 111.3 of the California Fire Code, 2022 Edition, is deleted in its entirety.

111.3 Qualifications. This section is deleted.

V-300-2.37
Section 112.1.1 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

112.1.1 Abatement of fire and life safety hazards by fire code official. If any person fails to comply with the orders of the fire code official, or if the fire code official is unable to locate the owner, operator, occupant or other person responsible 104
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Ordinance No. 113.26
13 within a reasonable time, the fire code official or any authorized representative may take such steps as are necessary to abate the hazard for the protection of the public safety. In no event is notice necessary before abatement, when the hazard is a clear and present danger to the public welfare. All costs related to such abatement shall become a lien or special assessment on the subject property.

V-300-2.38
Section 112.1.2 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

112.1.2 Criminal or civil penalty for violation; payment of funds to account. Pursuant to the City's prosecutorial discretion, the City may enforce violations of the provisions of this Code in any manner authorized by this section or by any other law, including but not limited to issuance of criminal citations, referral to the District Attorney, referral to the City Attorney, referral to other appropriate agencies, administrative actions and civil actions.

V-300-2.39
Section 112.1.3 hereby added to the California Fire Code, 2022 Edition, to read as follows:

112.1.3 Misdemeanors – continuing violations. Any person who violates any of the provisions of this Code, any of the provisions of any written authority of the City Manager or his or her duly authorized agents and representatives or any provision of any permit issued pursuant to this Code shall be guilty of an infraction/misdemeanor. Each and every day, or any part thereof, during which any such violation is committed, continued or allowed shall be a separate offense. Penalties for violations shall be as set forth by resolution of the City Council.

V-300-2.40
Section 112.1.4 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

112.1.4 Prosecution. Every violation of this Code shall be a misdemeanor; provided, however, that where the City Attorney or his or her duly authorized agents has determined that such action would be in the best interest of justice, the City Attorney may specify in the accusatory pleading, citation or amendment thereto that the violation shall be prosecuted as an infraction.

V-300-2.41
Section 112.1.5 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

112.1.5 Penalty for infraction. Each and every violation of this Code, which is deemed an infraction, is punishable by:
(1) A fine not exceeding one hundred dollars ($100.00) for the first violation; (2) A fine not exceeding two hundred dollars ($200.00) for the second violation of the same provision within one-year period; or,
(3) A fine not exceeding five hundred dollars ($500.00) for each additional violation, after the second, of the same provision of this Chapter within a one-year period of the first violation.

V-300-2.42
Section 112.1.6 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

112.1.6 Penalty for misdemeanor. Each and every violation of this Code, which is deemed a misdemeanor, is punishable by a penalty of not more than one thousand dollars ($1,000.00) or by imprisonment in the City or County jail for a period not exceeding six (6) months, or, by both penalty and imprisonment.

V-300-2.43
Section 112.1.7 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

112.1.7 Enforcement authority. The following designated employee positions may enforce the provisions of this Code by issuance of citations. Peace officers and persons employed in such positions are authorized to exercise the authority 105
Item # C9.

Ordinance No. 113.26
14 provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this Code. The designated employee positions are: the City Manager or his or her duly authorized agents and representatives.

V-300-2.44
Section 112.1.8 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

112.1.8 Civil penalties. Any person who intentionally, accidentally or negligently violates any provision of this Code, any written authority of the City Manager or his or her duly authorized agents and representatives, or any provision of any permit issued pursuant to this Code may be civilly liable to the City in the sum of not less than one hundred dollars ($100.00) but not to exceed one thousand dollars ($1,000.00) per day for each day in which such violation occurs or continues. The City may petition the municipal or superior court to impose, assess, and recover such sums. The civil penalty provided in this Section excludes inspection costs and abatement costs, is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under state and federal law and local ordinances. Funds collected pursuant to this Section shall be paid to the City's Fire Prevention account, which shall be a holding account to be used solely for Fire Code enforcement, fire prevention and hazardous materials training, and for the purchase of equipment as needed for the performance of the fire code official duties.

V-300-2.45
Section 202 of the California Fire Code, 2022 Edition, is amended by adding the following definitions:

CARCINOGEN is a substance that causes the development of cancerous growths in living tissue. A chemical is considered a carcinogen if:

1. It has been evaluated by the International Agency for Research on Cancer and found to be a carcinogen or potential carcinogen,

2. It is listed as a carcinogen or potential carcinogen in the latest edition of the Annual Report on Carcinogens published by the National Toxicology program, or

3. It is regulated by OSHA as a carcinogen.

CORROSIVE LIQUID. Corrosive liquid is:

1. any liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action; or

2. any liquid having a pH of 2 or less or 12.5 or more; or

3. any liquid classified as corrosive by the U.S. Department of Transportation; or

4. any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code of Regulations §66261.22.

DEVICE is an appliance or piece of equipment that plays an active part in the proper functioning of the regulated systems.

Examples include, but are not limited to the following: smoke detectors, heat detectors, flame detectors, manual pull stations, horns, alarms, bells, warning lights, hydrants, risers, FDCs, standpipes, strobes, control panels, transponders, and other such equipment used to detect, transmit, initiate, annunciate, alarm, or respond according to the system design criteria.

LARGE-SCALE FIRE TESTING. Testing a representative energy storage system that induces a significant fire into the device under test and evaluates whether the fire will spread to adjacent energy storage system units, surrounding equipment, or through an adjacent fire-resistance-rated barrier.

MAXIMUM THRESHOLD QUANTITY (MAX TQ) . Maximum Threshold Quantity (Max TQ) is the maximum quantity of a moderately toxic or toxic gas, which may be stored in a single vessel before a more stringent category of regulation is applied.

MINIMUM THRESHOLD QUANTITY. Minimum threshold quantity is the aggregate quantity of highly toxic, toxic or moderately toxic gas in a control area which, due to the minimum aggregate quantities, need only comply with the requirements set forth in Section 6004.1.

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Ordinance No. 113.26
15 MODERATELY TOXIC GAS. A chemical or substance that has a median lethal concentration (LC50) in air more than 2000 parts per million but not more than 5000 parts per million by volume of gas or vapor, when administered by continuous inhalation for an hour, or less if death occu rs within one hour, to albino rats weighing between 200 and 300 grams each.

OTHER HEALTH HAZARD MATERIAL is a material which is an irritant, sensitizer, or carcinogen or a material which affects target organs of the body, including but not limited to, t hose materials which produce liver damage, kidney damage, damage to the nervous system, act on the blood to decrease hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities, including mutations (chromosomal damage) or teratogens (effect on fetuses).

SECONDARY CONTAINMENT. Secondary containment is that level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably necessary to ensure detection and remedy of the primary containment failure.

SENSITIZER is a chemical that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the chemical.

SPILL CONTROL. That level of containment that is external to and separate from the primary containment and is capable of safely and securely containing the contents of the largest container and prevents the materials from spreading to other parts of the room.

TEMPORARY shall not exceed one year.

WORKSTATION is a defined space or independent principal piece of equipment using hazardous materials with a hazard rating of 3 or 4 in accordance with NFPA 704 where a specific function, laboratory procedure or research activity occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation. A workstation is allowed to contain ventilation equipment, fire protection devices, electrical devices, and other processing and scientific equipment.

V-300-2.46
Section 316.7 is hereby added to the California Fire Code, 2022 Edition, as follows:

316.7 Roof guardrails at interior courts. Roof openings into interior courts that are bounded on all sides by building walls shall be protected with guardrails. The top of the guardrail shall not be less than 42 inches in height above the adjacent roof surface that can be walked on. Intermediate rails shall be designed and spaced such that a 12-inch diameter sphere cannot pass through.

Exception: Where the roof opening is greater than 600 square feet in area.

V-300-2.47
Section 503 of the California Fire Code, 2022 Edition is adopted and Section 503.1 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.7, Appendix D of this Code, and or as directed by the fire code official.

V-300-2.48
Section 503.2.1 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

107
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Ordinance No. 113.26
16 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) or as required by Appendix D, except for approved security gates in accordance with Sect ion 503.6, and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm).

Exception: When there are not more than two Group R, Division 3 or Group U occupancies less than 3 stories , the access road width may be modified by the fire code official.

V-300-2.49
Section 503.2.4 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be a minimum of 28 feet (8534.4 mm) inside, and a minimum of 48 feet 6 inches (14782.8 mm) outside.

V-300-2.50
Section 503.6 the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automa tic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. The minimum width for commercial applications is 20 feet (6096 mm) , and 14 feet (4268 mm) for single-family dwellings.

V-300-2.51
Section 503.7 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

503.7 Adjacent access. No source of access from lands adjoining a property to be developed shall be considered fire apparatus access roads, unless there is obtained the irrevocable and unobstructed rights and recorded as an ingress/egress access easement with the Country of Santa Clara.

V-300-2.52
Section 504.3.1 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

504.3.1 Number of stairways. The fire code official shall determine the required number and location of stairway(s) to the roof.

V-300-2.53
Section 504.5 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

504.5 Enclosed courts. Buildings with enclosed courts shall be provided with readily accessible access for fire department personnel to bring in a 36 feet long ground ladder into the court. The access height and width shall be large enough to accommodate the ladder and the personnel carrying the ladder.

V-300-2.54
Section 504.6 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

504.6 Access Control Devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire department emergency access to the building, are installed, such devices shall be approved by the fire code official. All access control devices shall be provided with an approved means for deactivation or unlocking by the fire department. Access control devices shall also comply with Chapter 10 Egress.

V-300-2.55
Section 505.3 is hereby added to the California Fire Code, 2022 Edition, to read as follows:
108
Item # C9.

Ordinance No. 113.26
17 505.3 Address illumination. All required address numbers shall be provided with illumination.

V-300-2.56
Section 507.5.1.1 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

507.5.1.1 Hydrant for automatic fire sprinkler and or standpipe systems. Buildings equipped with an automatic fire sprinkler system and or a standpipe system installed in accordance with Sections 903 and or 905 shall have a fire hydrant within 50 feet of the fire department connections.

Exception: The distance shall be permitted to exceed 50 feet (30 m) where approved by the fire code official.

V-300-2.57
Section 507.5.7 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

507.5.7 Private hydrants. Private hydrants shall have the bottom 6 in ches of the hydrant painted, with a weather resistive paint, white in color.

V-300-2.58
Section 508.1 of the California Fire Code, 2022 Edition, is amended to read as follows:

508.1 General. Where required by other sections of this Code and in all R-1 buildings with more than 200 rooms, R-2 buildings with more than 100 dwellings, and buildings classified as high-rise buildings by the California Building Code and Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shal1 be provided and shall comply with Sections 508.1.1 through 508.1.7.

V-300-2.59
Section 508.1.2 of the California Fire Code, 2022 Edition, is amended to read as follows:

508.1.2 Separation. The fire command center shall be separated from the remainder of the building by not less than a 2-hour fire barrier constructed in accordance with Section 707 of the California Building Code or horizontal assembly constructed in accordance with Section 711 of the California Building Code, or both.

V-300-2.60
Section 508.1.6 of the California Fire Code, 2022 Edition, is amended by adding the following:

20. A locking key box, approved by the fire code official, large enough for ten (10) sets of master keys.

21. Ten (10) sets of master keys for the building.

22. A complete set of architectural, electrical, mechanical and plumbing plans for the building.

V-300-2.61
Section 510.1 of the California Fire Code, 2022 Edition, is amended to read as follows:

510.1 Emergency responder radio coverage in new buildings. Approved radio coverage for emergency responders shall be provided within all buildings meeting any one of the following conditions:

1. There are more than 3 stories above grade plane (as defined by the Building Code Section 202);

2. The total building area is 30,000 square feet or more;

3. The total basement area is 5,000 square feet or more; 109
Item # C9.

Ordinance No. 113.26
18 4. Where required by the fire code official and ra dio coverage signal strength levels are not consistent with the minimum levels set forth in Section 510.4.1
Exceptions:

1. Where approved by the fire code official, a wired communication system in accordance with Section 907.2. 12.2 shall be permitted to be installed or maintained in lieu of an approved radio coverage system.

2. Where it is determined by the fire code official that the radio coverage system is not needed.

3. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system.

4. Buildings and areas of buildings that have minimum radio coverage signal strength levels of the Silicon Valley Regional Interoperability Authority (SVRIA) P25 Phase 2 700 MHz Digital Trunked Radio System within the building in accordance with Section 510.4.1 without the use of an indoor radio coverage system.

The radio coverage system shall be installed and maintained in accordance with Sections 510.4 through 510.6.4 of this Code and with the applicable provisions of NFPA 1221, Standard for the Installation, Maintenance and Use of Emergency Services Communications Systems.

The coverage shall be based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems.

V-300-2.62
Section 510.4 of the California Fire Code, 2019 Edition, is amended to read as follows:

510.4 Technical requirements. Systems, components, and equipment required to provide emergency responder radio coverage systems shall comply with the current Emergency Responders Radio Coverage Systems Standard Details and Specifications enforced by the Milpitas Fire Department.

V-300-2.63
Section 510.5 of the California Fire Code, 2022 Edition, is amended to read as follows:

510.5 Installation requirements. The installation of the emergency responder radio coverage system shall be in accordance with NFPA 1221 and the current Emergency Responder Radio Coverage Systems Standard Details and Specification enforced by the Milpitas Fire Department.

V-300-2.64
Section 510.5.3 first paragraph of the California Fire Code, 2022 Edition, is amended to read as follows:

510.5.3 Acceptance test procedure and system certification. Where an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to verify that two-way coverage on each floor of the building is not less than 95 percent. Final sys tem acceptance will require ERRCS power level and DAQ testing with agency FCC license holder, systems administrators, or designee. The test procedure shall be conducted in accordance with NFPA 1221 and the current Emergency Responder Radio Coverage System Standard Details and Specification enforced by the Milpitas Fire Department. 110
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Ordinance No. 113.26
19 V-300-2.65
Section 605.54 of the California Fire Code, 2022 Edition, is amended to read as follows:

605.5 Portable unvented heaters. Portable unvented fuel-fired heating equipment shall be prohibited in occupancies in Groups A, B, E, I, R-1, R-2, R2.1, R2.2, R-3, R3.1 and R-4 and ambulatory care facilities.

Exceptions:

1. Portable unvented fuel -fired heaters listed in accordance with UL 647 are permitted to be used in on e and two - family dwellings, where operated and maintained in accordance with the manufacturer’s instructions.

2. Portable outdoor gas-fired heating appliances in accordance with Section 605.5.2.

V-300-2.66
Section 605.5.2.1.1 of the California Fire Code, 2022 Edition, is amended to read as follows:

605.5.2.1.1 Prohibited locations. The storage or use of portable outdoor gas -fired heating appliances is prohibited in any of the following locations:

1. Inside of any occupancy where connected to the fuel gas container.

2. Inside of tents, canopies and membrane structures.

3. On exterior balconies, and rooftops.

V-300-2.67
Section 606.1.1 hereby added to the California Fire Code, 2022 Edition, to read as follows:

606.1.1 New elevators. All new passenger service elevators shall meet the medical service elevator requirements in the California Building Code, 2022 Edition, Chapter 30.

V-300-2.68
Section 903.1.2 is hereby added to the California Fire Code, 2022 Edition, to read as follows:
903.1.2 Fire Walls and Fire Barriers. Fire walls and fire barriers shall not be considered to create separate buildings for the purpose of automatic fire sprinkler requirements as set forth in Chapter 9 of this Code.

Exception: Buildings separated by continuous fire wall of 4 -hour fire resistive construction without openings or penetrations. Buildings required to have automatic fire sprinkler protection as set forth in Section 13113 of Health and Safety Code are prohibited from using fire walls in lieu of automatic fire sprinkler protection.

V-300-2.69
Section 903.2 of the California Fire Code, 2022 Edition, is amended to read as follows:

903.2 Where Required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or per the requirements set forth in Sections 903.2.1 through 903.2.20, whichever is the more restrictive:

1. In other than residential buildings which require the installation of fire sprinkler for all new buildings according to the California Residential Code, an automatic sprinkler system shall be provided throughout all new buildings and structures greater than 1,000 square feet of building area.

Exception: Group S-2 or U occupancies used exclusively for vehicle parking and which meet all of the following:
a. Noncombustible construction.
b. Maximum building area not to exceed 5,000 square feet. Structures with less than 10’ horizontal separation are considered as one.
111
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20 c. Structure is open on three (3) or more side.
d. Minimum of 10 feet separation from existing buildings unless area is separated by fire walls complying with California Building Code.

2. An automatic fire sprinkler system shall be provided throughout existing Group A, B, E, F, L, M, S and U buildings and structures, when additions are made that increase the building area to more than 3,600 square feet or that create conditions described in Sections 903.2.1 th rough 903.2. 2018.

3. An automatic sprinkler system shall be provided throughout existing Group R occupancies when additions are made that increase the building area to more than 3,600 square feet, or when the Building Department determines that the home needs to comply with the current CA Building Codes due to extensive remodel/renovation.

Exception: Additions where all of the following are met:
a. Building addition does not exceed 500 square feet.
b. The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.

4. Any change in the character of occupancy or in use of any building with a building area equal to or greater than 3,600 square feet which, in the opinion of the fire code official or building official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety1 or increased fire risk2, shall require the installation of an approved fire automatic fire sprinkler system.

1. Life Safety – Increased occupant load, public assembly areas, public meeting areas, churches, indoor amusement attractions, buildings with complex exiting systems due to increased occupant loads , large schools/day-care facilities, large residential care facilities with non-ambulatory

2. Fire Risks – High-piled combustible storage, woodworking operations, hazardous operations using hazardous materials, increased fuel loads (storage of moderate to highly combustible materials), increased sources of ignition (welding, automotive repair with the use of flammable liquids and open flames).

V-300-2.70
Section 903.2.11.7 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

903.2.11.7 Chemical Fume Hood Fire Protection.

NFPA 45, section 7.10.1 approved automatic fire extinguishing systems shall be provided in chemical fume hoods in the following cases:

3. Existing hoods having interiors with a flame spread index greater than 25 in which flammable liquids are handled

4. If a hazard assessment determines that an automatic extinguishing system is required for the chemical fume hood, then the applicable automatic fire protection system standard shall be followed.

V-300-2.71
Section 903.3.1.1 of the California Fire Code, 2022 Edition, is amended to read as follows:

903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this Code require that a building or portion thereof be equipped throughout with an automatic sprinkler syste m in accordance with this section, sprinklers shall be installed throughout in accordance with NFPA 13 as amended in Chapter 80 except as provided in Section 903.3.1.1.1 and 903.3.1.1.2.

112
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Ordinance No. 113.26
21 For a new building having no designated use or tenant, the minimum sprinkler design density shall be Ordinary Hazard Group 2. Where future use or tenant is determined to require a higher density, the sprinkler system shall be augmented to meet the higher density.

V-300-2.72
Section 903.3.1.4 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

903.3.1.4 One sprinkler design. One sprinkler head design shall not be permitted.

V-300-2.73
Section 903.3.5.3 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

903.3.5.3. Riser location. The fire sprinkler system riser shall not be located within electrical rooms or storage closets and shall be provided with clear access and working clearance. The fire sprinkler system riser location shall be approved by the fire code official.

V-300-2.74
Section 903.3.5.4 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

903.3.5.4 Number of water supplies. For buildings and or structures over 200,000 square feet, the fire code official may require more than one source of water supply.

V-300-2.75
Section 903.3.5.5 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

903.3.5.5 Sprinkler riser system. The sprinkler riser system shall be a manifold type system and shall meet the design requirements of the NFPA 13 Standards.

V-300-2.76
Section 903.3.5.6 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

903.3.5.6 Water supply safety margin . Hydraulic design for the automatic fire sprinkler system shall provide a minimum of 20% safety margin.

Exception: The fire code official may grant a reduction in the required safety margin for existing buildings but not less than 10%.

V-300-2.77
Section 903.3.5.7 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

903.3.5.7 Sprinkler pipe velocity. The automatic fire sprinkler system shall be designed to a maximum 20 feet per second water flow.

Exception: The fire code official may grant higher water velocity for existing buildings when supported by mechanical engineering design done by a California registered engineer.

V-300-2.78
Section 907.2.9.1 of the California Fire Code, 2016 Edition, is amended to delete the following:

907.2.9.1 Manual fire alarm system. Exception 3. is deleted.

V-300-2.79
Section 913.7 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

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Ordinance No. 113.26
22 913.7 Fire Pump standby power. Power supply form local utility provider is not considered a reliable source of power. Standby power is required for electrical or natural gas fire pumps.

V-300-2.80
Section 914.2.1 of the California Fire Code, 2022 Edition, is amended to delete the exception:

914.2.1 Automatic sprinkler systems exception is deleted.

V-300-2.81
Section 914.3.1 of the California Fire Code, 2022 Edition, is amended to delete the exception:

914.3.1 Automatic sprinkler systems exception is deleted.

V-300-2.82
Section 914.3.9 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

914.3.9 Anchor devices. Anchor repelling devices meeting the Fire department requirements shall be placed on the roof for Fire department use.

V-300-2.83
Section 914.3.10 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

914.3.10 Helicopter pad. High-rise buildings greater than 150’ in height (above the lowest level of Fire department access) may be required to provide a helicopter pad, which meets the requirements of the Fire department.

V-300-2.84
Section 914.4.1 of the California Fire Code, 2022 Edition, is amended to delete the exceptions:

914.4.1 Automatic sprinkler systems exceptions 1 and 2 are deleted.

V-300-2.85
Section 914.6.1 of the California Fire Code, 2022 Edition, is amended to delete the exceptions:

914.6.1 Automatic Sprinkler Systems exceptions 1 and 2 are deleted.

V-300-2.86
Section 914.12 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

914.12 Special Provisions For Group B office Buildings and Group R Division 1 and 2 Occupancies. All Group B office buildings and Group R, Division 1 & 2 Occupancies, each having floor used for human occupancy located more than 60 feet above the lowest level of Fire Department vehicle access, or more than 4 stories in height shall provide the following:

1. Equipment cache rooms shall be located on the 1st floor above the ground floor, and every other floor thereafter, or as directed by the fire code official.
a. Cache rooms shall be located and accessible from within the rated stair enclosures. b. Prior to the purchase of the fire department cache room equipment and or materials a complete list of the equipment and or materials with all necessary cut-sheets shall be submitted to the fire department for review and approval.
c. Due to operational needs, the fire code official reserves the right to make changes to the required equipment and or materials listed under item 2 below.

2. Each equipment storage room size should be a minimum of 4’ deep, full height (8’ to 9’), with a door the minimum width of 43”. A roll -up door can be used provided it has a 43” minimum width and unobstructed access. It shall have a power outlet to provide electricity, a light (connected to a ‘timer’), be sprinklered, and be locked with a 114
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Ordinance No. 113.26
23 ‘break-away’ type lock. Fixed shelving 1 shall be provided in a configuration approved by the fire agency to store items that may include, but not be limited to:

Item ITEM DESCRIPTION PART NUMBER
PER
ROOM
1)a 2.5 Inch Hose Pack Straps Turning Out Solutions 24
1)b 2.5X50 Foot Durabuilt Hose DB25X50YEN NAFH 8
1)c Straight Tip 1-1/8 X 1.5 NH FSS10TFT 2
1)d Ball Valve 2.5 Female X 1.5 Male J140F 2
1)e Universal Spanner Wrench 00100001 AKR 2
1)f Gated Wye AYNJNF TFT 2
1)g 2 1/2 x 1 1/2 reducer 3725N15N 2
2)a 50' banded hose roll DF817X50R15NH NAFH 2
2)b Red Hose Ret. Bands HRRBARC 2
3) 15' Stinger length hose DF3X15Y25NH NAFH 2
4) Halligan Style Tool HAL1P36 1
5)a Pick head axe 6PH36W 1
5)b Flat head axe 6FH32W 1
6) Attic ladder 10102LG LITTLE GIANT 1
7) Ames Wrecking bar 75036 1
8) Open door industries stops WIY ODI 24
9) Salvage Cover 14VSC1214GR GOS 4
10) Spare Sprinkler heads (3) each type per bldg To be Determined 3 11) Sprinkler wrench To be Determined 1
12) Push cart for SCBA cylinders MBR16 GROVES 1
13) McGuire Diaper RICTARP MCGUIRE 1
14) Evacuation Chair 6252 STRYKER 2
15) Red Webbing 200103 CMC 4
16) D lock Carabiner 300221 CMC 2
17) Wagan LED Flare WAGAN EL2639-3 FRED 2
18) Cable Cutter UPB41 BEN NAW 1
19) 18 Inch Pipe Wrench 5862074118 Irwin 1
20) 30 Degree Elbow Adapter 2.5' E253025N25N 4
21) Encased Line Gauge 2.5 Redhead 155225N RH 2
22) Speed Swivel 480-NST 1
23) Adapter 1.5NHFRLX2.5NHM 3715N25N 2
24) 16" Large Mouth Tool Bag 67126-02 HUSKY 2
25) Polytac Flashlight 88853 STRMLIT 2
NOTE: Equipment may be subject to change pending current operations usage.

1 Shelving shall be every 16” after ladder placement is determined. 115
Item # C9.

Ordinance No. 113.26
24 3. Equipment maintenance, inspections, replacement and or equipment update and required certification(s) shall be the responsibility of the building owner and or owner’s association.

*The fire code official may require an air bottle filling system shall have the fill access port located at a reasonable distance from each structure that takes into account debris fall out & collapse zones. A ‘monument-type’ fill station port should be located near a public roadway, not adjacent to the structure. The undergro und piping system, designed and installed with stainless steel welded fittings and piping, should terminate at this monument. A weather tight access panel with Knox -box key entry should also be provided. The storage system should be designed to provide enough air @ 4500 psi for up to fifty 45-minute bottles, prior to augmentation by an outside air source.

V-300-2.87
Section 916.8 of the California Fire Code, 2022 Edition, is amended to read as follows:

916.8 System activation. A gas detection alarm shall be initiated where any sensor detects a concentration of gas exceeding the following thresholds:

1. For flammable gases, a gas concentration exceeding 25 percent of the lower flammability limit (LFL).

2. For nonflammable gases, a gas concentration exceeding one-half of the 1DLH, unless a different threshold is specified by the section of this code requiring a gas detection system.

Upon activation of a gas detection alarm, alarm signals or other required responses shall be as specified by the section of this code requiring a gas detection system. Audible and visible alarm signals associated with a gas detection alarm shall be distinct from fire alarm and carbon monoxide alarm signals.

The audible alarm signals shall be in accordance with 907.5.2.1.1 a nd 907.5.2.1.2. The visual alarm notification appliances shall be in accordance with 907.5.2.3.

V-300-2.88
Section 1103.2 of the California Fire Code, 2022 Edition, is hereby adopted.

V-300-2.89
Section 1207.6.1 of the California Fire Code, 2022 Edition, is amended to read as follows:

1207.6.1 Exhaust ventilation. Where required by Table 1207.6 or elsewhere in this code, exhaust ventilation of rooms, areas and walk-in units containing electrochemical ESS shall be provided in accordance with the California Mechanical Code, Sections 1207.6.1.1 or 1207.6.1.2, and 1207.6.1.3.:
1207.6.1.1 Ventilation based on LFL. The exhaust ventilation system shall be designed to limit the maximum concentration or flammable gas to 25 percent of the lower flammable limit (LFL) of the total volume of the room, area, or walk-in unit during the worst-case event of simultaneous charging of batteries at the maximum charge rate, in accordance with nationally recognized standards.
1207.6.1.2 Ventilation based on exhaust rate. Continuous ventilation shall be provided at a rate of not less than 1 cubic foot per minute (cfm) per square foot [0.00508 m3/ (s · m2)] of the floor area, but not less than 150 cfm (4 m3/min). The exhaust system shall be designed to provide air movement across all parts of the floor for gases having a vapor density greater than air and across all parts of the vault ceiling for gases having a vapor density less than air. 1207.6.1.3 Exhaust ventilation failure. Failure of exhaust ventilation system shall automatically disengage the charging system.

V-300-2.90
Section 1207.6.2 of the California Fire Code, 2022 Edition, is amended to read as follows:

116
Item # C9.

Ordinance No. 113.26
25 1207.6.2 Spill control and neutralization. Where required by Table 1207.6 o r elsewhere in this code, areas containing free-flowing liquid electrolyte or hazardous materials, shall be provided with spill control and neutralization in accordance with this section.

1. 1207.6.2.1 Spill Control. Spill control shall be provided to prevent the flow of liquid electrolyte or hazardous materials to adjoining rooms or areas. The method shall be capable of containing a spill for the single largest battery or vessel.

1207.6.2.1.1 Spill control design. The spill control shall be designed and constructed in accordance with 5004.2.1.

1207.6.2.1.2 Spill control monitoring. Spill control systems shall be monitored in accordance with 5004.2.2.5.

V-300-2.91
Section 2807.6 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

2807.6 Fire protection water supply system. An approved fire protection water supply and hydrant system suitable for the fire hazard involved shall be provided for open storage yards and processing areas. Hydrant systems shall be installed in accordance with NFPA 24 adopted by this Code.

V-300-2.92
Section 2808.11 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

2808.11 Fire protection water supply system. An approved fire protection water supply and hydrant system suitable for the fire hazard involved shall be provided for open storage yards and processing areas. Hydrant systems shall be installed in accordance with NFPA 24 adopted by this Code.

V-300-2.93
Section 3103.2 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

3103.2 Approval required. Tents and membrane structures having an area in excess of 200 square feet (19 m 2) and canopies in excess of 400 square feet (37 m2) shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official. Smaller tents or canopies set side by side are considered as one, unless separated from each other by 10 feet on all sides.

Exceptions:

1. Tents used exclusively for recreational camping purposes.

V-300-2.94
Section 3304.8 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

3304.8 Fire Walls. When fire walls are required, the wall construction shall be completed (with all openings protected) immediately after the building is sufficiently weather-protected at the location of the wall(s).

V-300-2.95
Section 3311.1 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

3311.1 Stairways required. Each level above the first story in new multi-story buildings that requires two (2) exit stairways shall be provided with at least two (2) usable exit stairways after the floor decking is installed. The stairways shall be continuous and discharge to grade level. Stairways serving more than two (2) floor levels shall be enclosed (with openings adequately protected) after the exterior walls/windows are in place. Exit stairs in new and in e xisting, occupied buildings shall be lighted and maintained clear of debris and construction materials at all times.

117
Item # C9.

Ordinance No. 113.26
26 Exception: For new multi-story buildings, one of the required exit stairs may be obstructed on not more than two (2) contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.).

V-3 00-2.96
Section 3311.1.1 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

3311.1.1 Required means of egress. All new buildings under construction shall have a least one unobstructed means of egress. All means of egress shall be identified in the prefire plan per Section 3308.2.

V-300-2.97Section 3315.1 of the California Fire Code, 2022 Edition, is amended to read as follows:

3315.1 Completion before occupancy. In buildings where an automatic sprinkler system is required by this code or the California Building Code, it shall be unlawful to occupy any portion of a building or structure until the automatic sprinkler system installation has been tested and approved, except as provided in Section 105.3.4.

In new buildings of combustible construction where, automatic fire sprinkler systems are required to be installed, the system shall be placed in service as soon as possible. Immediately upon the completion of sprinkler pipe installation on each complete wood framed floor level, the piping shall be hydrostatically tested and inspected. After inspection approval from the Fire department, each floor level of sprinkler piping shall be connected to the system supply riser and placed into service with all sprinkl er heads uncovered. Protective caps may be installed on the active sprinklers during the installation of drywall, texturing and painting, but shall be removed immediately after this work is completed. For system activation notification, an exterior audible waterflow alarm shall bell can be installed and connected to the sprinkler waterflow device prior to installation of the monitoring system. For the purpose of this requirement, complete wood frame means the install ation of a sub -floor, roof sheeting or an y other horizontal material that covers the top of the subject floor level.

For buildings equipped with fire sprinkler systems that are undergoing alterations, the sprinkler system(s) shall remain in service at all times except when system modifications are necessary. Fire sprinkler systems undergoing modifications shall be returned to service at the end of each workday unless otherwise approved by the fire department. The General contractor or his/her designee shall check the sprinkler control valve(s) at the end of each workday to confirm that the system has been restored to service.

V-300-2.98
Section 5001.2.2.2 of the California Fire Code, 2022 Edition, is amended to read as follows:

5001.2.2.2 Health hazards. The material categories listed in this section are classified as health hazards. A material with a primary classification as a health hazard can also pose a physical hazard.

1. Highly toxic and toxic materials.

2. Corrosive materials.

3. Moderately toxic gas.

4. Other health hazards.

V-300-2.99
Section 5001.5.1 of the California Fire Code, 2022 Edition, is amended to read as follows:

5001.5.1 Hazardous materials management plan (HMMP). Where required by the fire code official, an application for a hazardous materials permit in accordance with Section 105.6 of this code shall include a Hazardous Materials Management Plan (HMMP).

The HMMP shall include the following:
a. Information consistent with that outlined in Sections H1, H2 and H3 of Appendix H of this code. b. A facility site plan designating the following:
118
Item # C9.

Ordinance No. 113.26
27 1. Access to each storage and use area.

2. Location of emergency equipment.

3. Location where liaison will meet emergency responders.

4. Facility evacuation meeting point locations.

5. The general purpose of other areas within the building.

6. Location of all above-ground and underground tanks and their appurtenances including, but not limited to, sumps, vaults, below-grade treatment systems and piping.

7. The hazard classes in each area.

8. Locations of all control areas and Group H occupancies.

9. Emergency exits.

The HMMP shall be readily available onsite.

[For SFM] The HMMP shall comply with Health and Safety Code, Chapter 6.95, Sections 25500 through 25545, and Title 19, Division 2, Chapter 4.

V-3 00-2.100
Section 5001.5.1.1 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

5001.5.1.1 Submittal frequency. Facilities required to maintain a hazardous materials permit shall submit an updated or recertified HMMP within 12 months of the previous submittal, or within 30 days of a change, whichever occurs first.

Exceptions: The following facilities may submit an updated HMMP within 36 months of the previous submittal if no reportable changes have occurred:

1. Cell tower sites with no hazardous materials related permits other than a permit for a battery system.

2. Facilities with no hazardous materials related permits other than a permit for carbon dioxide used in an insulated liquid carbon dioxide beverage dispensing system.

3. Facilities with no other hazardous materials related permits other than a permit for a fixed medical gas system.

V-300-2.101
Section 5003.1.3.1 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

5003.1.3.1 Highly toxic, toxic, moderately toxic gases and similarly used or handled materials. The storage, use and handling of highly toxic, toxic and moderately toxic gases in amounts exceeding Table 6004. 1 shall be in accordance with this Chapter and Chapter 60. Any highly toxic, toxic or moderately toxic material that is used or handled as a gas or vapor shall be in accordance with the requirements for highly toxic, toxic or moderately toxic gases.

V-300-2.102
Section 5003.1.5 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

5003.1.5 Other health hazards. The storage, use and handling of materials classified as other health hazards in amounts exceeding 200 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in accordance with Section 5003.

V-300-2.103
Section 5003.1.6 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

5003.1.6 Additional spill control and secondary containment requirements. In addition to the requirements set forth in Section 5004.2, an approved spill control and containment system is required for any quantity of hazardous materials that are liquids or solids at normal temperature and pressure (NTP), where a spill is determined to be a plausible event and where such an event would endanger people, property or the environment. The approved containment system may be required to include a combination of spill control and secondary containment meeting the design and construction requirements set forth in Section 5004.2.
119
Item # C9.

Ordinance No. 113.26
28 V-300-2.104
Section 5003.2.2.1 of the California Fire Code, 2022 Edition, is amended to read as follows:

5003.2.2.1 Design and construction. Piping, tubing, valves, fittings and related components used for hazardous materials shall be in accordance with the following:

1. Piping, tubing, valves, fittings and related components shall be designed and fabricated from materials compatible with the material to be contained and shall be of adequate strength and durability to withstand the pressure, structural and seismic stress, and exposure to which they are subject.

2. Piping and tubing shall be identified in accordance with ASME A13.1 and Santa Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous Materials and the Hazardous Waste to indicate the material conveyed.

3. Manual valves or automatic remotely activated fail -safe emergency shutoff valves shall be installed on supply piping and tubing, and provided with ready access at the following locations:

1. The point of use.

2. The tank, cylinder or bulk source.

4. Manual emergency shutoff valves and controls for remotely activated emergency shutoff valves shall be identified and the location shall have access clearly visible and indicated by means of a sign.

5. Backflow prevention or check valves shall be provided when the backflow of hazardous materials could create a hazardous condition or cause the unauthorized discharge of hazardous materials.

6. Where gases or liquids having a hazard ranking of:

Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per square inch gauge (psig)(103 Kpa), an approved means of leak detection, emergency shutoff or excess flow control shall be provided. Where the piping originates from within a hazardous material storage room or area, the excess flow control shall be located within the storage room or area. Where the piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical.

Exceptions:
1 Piping for inlet connections designed to prevent backflow.

2. Piping for pressure relief devices.

7. Secondary containment or equivalent protection from spills or leaks shall be provided for piping for liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold quantities listed in Table 6004.1. Secondary containment includes, but is not limited to double walled piping.

Exceptions:

1. Secondary containment is not required for toxic corrosive gases if the piping is constructed of inert materials.

2. Piping under sub -atmospheric conditions if the piping is equipped with an alarm and fail -safe-to-close valve activated by a loss of vacuum.

V-300-2.105
Section 5003.2.2.2 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

5003.2.2.2 Additional regulation for supply piping for health hazard materials. Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 in accordance with NFPA 704 shall be in accordance with ASME B31.3 and the following:

1. Piping and tubing utilized for the transmission of highly toxic, toxic or highly volatile corrosive liquids and gases shall have welded or brazed connections throug hout except for connections within an exhausted enclosure if the material is a gas, or an approved method of drainage or containment is provided for connections if the material is a liquid.

2. Piping and tubing shall not be located within corridors, within an y portion of a means of egress required to be enclosed in fire-resistance-rated construction or in concealed spaces in areas not classified as Group H Occupancies.

120
Item # C9.

Ordinance No. 113.26
29 3. All primary piping for highly toxic, toxic and moderately toxic gases shall pass a helium leak test of 1x10-9 cubic centimeters/second where practical, or shall pass testing in accordance with an approved, nationally recognized standard. Tests shall be conducted by a qualified "third party" not involved with the construction of the piping and control systems.

Exception: Piping and tubing within the space defined by the walls of corridors and the floor or roof above or in concealed space above other occupancies when installed in accordance with Section 415.11. 7.4 of the California Building Code as required for Group H, Division 5 Occupancies.

V-300-2.106
Section 5003.3.1 of the California Fire Code, 2022 Edition, is amended to read as follows:

5003.3.1 Unauthorized discharges. In the event hazardous materials are released in quantities reportable under state, federal or local regulations or when there is a release or a threatened release that presents a threat to health, property or the environment, the fire code official shall be notified immediately in an approved manner and the following procedures required in accordance with Sections 5003.3.1.1 through 5003.3.1.4.

V-300-2.107
Section 5003.5.2 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

5003.5.2 Ventilation ducting. Ducts for venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow.

V-300-2.108
Section 5003.5.3 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

5003.5.3 "H" Occupancies. In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of confusion with hazardous materials transport tubing or piping. Flow direction indicators are required.

V-300-2.109
Section 5003.9.8 of the California Fire Code, 2022 Edition, is amended to read as follows:

5003.9.8 Separation of incompatible materials. Incompatible materials in storage and storage of materials that are incompatible with materials in use shall be separated. When the stored materials are in containers having a capacity of more than 5 pounds (2 kg), 0.5 gallon (2 L), or any amount of compressed gases, separation shall be accomplished by:

1. Segregating incompatible materials in storage by a distance of not less than 20 feet (6096 mm) and in an independent containment system.

2. Isolating incompatible materials in storage by a noncombustible pa rtition extending not less than 18 inches (457 mm) above and to the sides of the stored material.

3. Storing liquid and solid materials in hazardous material storage cabinets.

4. Storing compressed gases in gas cabinets or exhausted enclosures in accordance with Sections 5003.8.5 and 5003.8.6. Materials that are incompatible shall not be stored within the same cabinet or exhausted enclosure.

V-300-2.110
Section 5003.9.11 is hereby added to the California Fire Code, 2022 Edition to read as follows:

5003.9.11 Fire extinguishing systems for workstations dispensing, handling or using hazardous materials.

Combustible and non-combustible workstations, which dispense, handle or use hazardous materials, shall be protected by an approved automatic fire extinguishing system in accordance with Section 2703.10.

Exception: Internal fire protection is not required for Biological Safety Cabinets that carry NSF/ANSI certification where quantities of flammable liquids in use or storage within the cabinet do not exceed 500 ml.

121
Item # C9.

Ordinance No. 113.26
30 V-300-2.111
Section 5003.9.12 hereby added to the California Fire Code, 2022 Edition, to read as follows:

5003.9.12 Immersion heaters. All electrical immersion heaters used in dip tanks, sinks, vats and similar operations shall be provided with approved over-temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided.

V-300-2.112
Section 5003.10.4.3 of the California Fire Code, 2022 Edition, is amended to read as follows:

5003.10.4.3 Highly toxic, toxic and moderately toxic, gases shall be limited to a container of a maximum water capacity of 1 lb.

V-300-2.113
Section 5004.2.1 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

5004.2.1 Spill control for hazardous material liquids. Rooms, buildings or areas used for storage of hazardous material liquids, shall be provided with spill control to prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from the largest single vessel by one of the following methods:

1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations.

2. Liquid-tight floors in indoor and/ or outdoor locations or similar areas provided with liquid-tight raised or recessed sills or dikes.

3. Sumps and collection systems, including containment pallets in accordance with Section 5004.2.3.

4. Other approved engineered systems.

Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When liquid-tight sills or dikes are provided, they are not required at perimeter openings having an open-grate trench across the opening that connects to an approved collection system.

V-300-2.114
Section 5004.2.2 of the California Fire Code, 2022 Edition, is amended to read as follows:

5004.2.2 Secondary containment for hazardous material liquids and solids. Buildings, rooms or areas used for the storage of hazardous materials liquids or solids shall be provided with secondary containment in accordance with this section.

V-300-2.115
Table 5004.2.2 of the California Fire Code, 2022 Edition is hereby deleted.

V-300-2.116
Section 5004.2.2.2 is hereby amended to the California Fire Code, 2022 Edition, to read as follows:

5004.2.2.2 Incompatible materials. Incompatible materials shall be separated from each other in independent secondary containment systems.

V-300-2.117
Section 5004.2.2.5 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

5004.2.2.5 Monitoring. An approved monitoring method shall be provided to detect hazardous materials in the spill control and secondary containment systems and to verify that the provisions of this Code for the storage and handling of hazardous materials are addressed. Monitoring shall be recorded at least once per week. The monitoring method is allowed to be visual inspection of the primary or secondary containment, or other approved means. Where secondary containment 122
Item # C9.

Ordinance No. 113.26
31 is subject to the instruction of water, a monitoring method for detecting water shall be provided. Where monitoring devices are provide, they shall be connected to approved visual or audible alarms.

V-300-2.118
Section 5004.2.3 of the California Fire Code, 2022 Edition, is amended to read as follows:

5004.2.3 Containment pallets. Combustible containment pallets shall not be used inside buildings to comply with Section 5004.2 where the individual container capacity exceeds 55 gallons (208 L) or an aggregate capacity of multiple containers exceeds 1,000 gallons (3785 L) for liquids or where the individual container capacity exceeds 550 pounds (250 kg) or an aggregate of multiple containers exceeds 10,000 pounds (4540 kg) for solids.

Where used as an alternative to spill control and secondary containment for outdoor storage in accordance, with the exception in Section 5004.2, containment pallets shall comply with all of the following:

1. A liquid-tight sump accessible for visual inspection shall be provided;

2. The sump shall be designed to contain not less than 66 gallons (250L);

3. Exposed surfaces shall be compatible with material stored;

4. Containment pallets shall be protected to prevent collection of rainwater within the sump of the containment pallet.

V-300-2.119
Section 5005.4.4 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

5005.4.4 Dispensing, use and handling. When hazardous materials having a hazard ranking of 3 or 4 in accordance with NFPA 704, or toxic or moderately toxic gases exceeding 405 cu. ft. and any amount of highly toxic compressed gases are transported through corridors or exit enclosures, there shall be an emergency telephone system, a local manual alarm station or an approved alarm -initiating device at not more than 150 -foot (45,720 mm) intervals and at each exit and exit - access doorway throughout the transport route. The signal shall be relaye d to an approved central, proprietary or remote station service or constantly attended on-site location and shall also initiate a local audible alarm.

V-300-2.120
Section 5303.5.3, method 1. of the California Fire Code, 2022 Edition, is amended to read as follows:

1. Securing containers, cylinders and tanks to a fixed object with one or more noncombustible restraints.

V-300-2.121
Section 5601.1.3 of the California Fire Code 2022 Edition, is amended to read in its entirety as follows:

5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited.

Exception: The use of fireworks for fireworks displays as allowed in Section 5608.

V-300-2.122
Section 5704.2.7.5.8 of the California Fire Code, 2022 Edition, is amended to read as follows:

5704.2.7.5.8 Overfill prevention. An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.

Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less need only comply with Section 5704.2.9.7.5, item 1, sub-item (1.1)

An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment inside buildings. 123
Item # C9.

Ordinance No. 113.26
32 V-300-2.123
Section 5704.2.7.5.9 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

5704.2.7.5.9 Automatic filling of tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with overfill protection, approved by the fire code official that sends an alarm signal to a constantly attended location and immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis and records of such testing shall be maintained on-site for a period of five (5) years.

V-300-2.124
Section 5707 of the California Fire Code, 2022 Edition, is hereby adopted and amended as follows:

V-3 00-2.125
Section 5707.3.3 of the California Fire Code, 2022 Edition, is amended as follows:

5707.3.3 Site plan.

A site plan shall be developed for each location or area at which mobile fueling occurs. The site plan shall be in sufficient detail to indicate the following:

1. All buildings and structures.

2. Lot lines or property lines.

3. Electric car chargers.

4. Solar photovoltaic parking lot canopies.

5. Appurtenances on-site and their use or function.

6. All uses adjacent to the lot lines of the site.

7. Fueling locations.

8. Locations of all storm drain openings and adjacent waterways or wetlands.

9. Information regarding slope, natural drainage, curbing and impounding.

10. How a spill will be kept on the site property.

11. Scale of the site plan.

V-300-12.126 Section 5707.4 of the California Fire Code, 2022 Edition, is amended to read as follows:

5707.4 Mobile fueling areas. Mobile fueling shall not occur on public streets, public ways, any residential street, or inside buildings. Fueling on the roof level of parking structures or other buildings is prohibited.

V-3 00-2.127
Sections 5707.6.7 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

5707.6.7 Bonding. A means for bonding the mobile fueling vehicle to the motor vehicle shall be provided. Such bonding means shall be employed during fueling operations.

V-300-2.128
Section 5809.3.4 is hereby amended to the California Fire Code, 2022 Edition, to read as follows:

5809.3.4 Site plan. For other than emergency roadside service, a site plan shall be developed for each location at which mobile gaseous hydrogen fueling occurs. The site plan shall be in sufficient detail to indicate: all buildings, structures, lot lines, property lines and appurtenances on site and their use and function, and the scale of the site plan.

V-300-2.129
124
Item # C9.

Ordinance No. 113.26
33 Section 6004 of the California Fire Code, 2022 Edition, is amended to read as follows:

SECTION 600 HIGHLY TOXIC, TOXIC AND MODERATELY TOXIC GASES

V-300-2.130
Section 6004.1 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.1 General. Materials stored or used as a gas whether or not the material meets the definition of a compressed gas, and meets the definition of a highly toxic, toxic and moderately toxic gas shall comply with Section 6004.

The minimum threshold quantity for highly toxic, toxic and moderately toxic gases, vapors and mists for indoor and exterior storage and use are set forth in Table 6004.1.

Table 6004.1
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases Highly Toxic 20
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet

V-300-2.131
Section 6004.1.1 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and use of highly toxic, toxic and moderately toxic gases in certain occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1.3.

V-300-2.132
Section 6004.1.1.1 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.1.1.1 Group A, E, I or U occupancies. Highly toxic, toxic and moderately toxic gases shall not be stored or used within Group A, E, I or U occupancies.

Exception: Cylinders not exceeding 20 cubic feet (0.556m 3) at normal temperature and pressure (NTP) are allowed within gas cabinets or fume hoods.

V-300-2.133
Section 6004.1.1.2 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.1.1.2 Group R occupancies. Highly toxic, toxic and moderately toxic gases shall not be stored or used in Group R occupancies.

V-300-2.134
Section 6004.1.1.3 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.1.1.3 Offices, retail sales and classrooms. Highly toxic, toxic and moderately toxic gases shall not be stored or used in offices, retail sales or classroom portions of Group B, F, M or S occupancies.

Exception: In classrooms of Group B occupancies, cylinders with a ca pacity not exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume hoods.

V-300-2.135
Section 6004.1.2 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.1.2 Gas cabinets. Gas cabinets containing highly toxic, toxic and moderately toxic gases shall comply with Section 5003.8.6 and the following requirements:
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Ordinance No. 113.26
34 1. The average ventilation velocity at the face of gas cabinet access ports or windows shall not be less than 200 cubic feet per minute (1.02 m/s) with a minimum of 150 feet per minute (0.76 m/s) at any point of the access port or window.

2. Gas cabinets shall be connected to an exhaust system.

3. Gas cabinets shall not be used as the sole means of exhaust for any room or area.

4. The maximum number of cylinders located in a single gas cabinet shall not exceed three, except that cabinets containing cylinders not exceeding 1 pound (0.454 kg) net contents are allowed to contain up to 100 cylinders.

5. Gas cabinets required by Section 6004.2 or 6004.3 shall be equipped with an approved automatic sprinkler system in accordance with Section 903.3.1.1. Alternative fire-extinguishing systems shall not be used.

V-300-2.136
Section 6004.1.3 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.1.3 Exhausted enclosures. Exhausted enclosures containing highly toxic, toxic or moderately toxic gases shall comply with Section 5003.8.6 and the following requirements:

1. The average ventilation velocity at the face of the enclosure shall not be less than 200 feet per minute (1.02 m/s) with a minimum of 150 feet per minute (0.76 m/s).

2. Exhausted enclosures shall be connected to an exhaust system.

3. Exhausted enclosures shall not be used as the sole means of exhaust for any room or area.

Exhausted enclosures required by Section 6004.2 or 6004.3 shall be equipped with an approved automatic sprinkler system in accordance with Section 903.3.1.1. Alternative fire-extinguishing system shall not be used.

V-300-2.137
Section 6004.1.4 is hereby added to the California Fire Code, 2022 Edition, to read as follows:
2022
6004.1.4 Automatic shut-off valve. If gas monitoring is not provided, an automatic shut -off valve, which is of a fail-safe to close design, shall be provided to shutoff the supply of toxic and moderately toxic gases upon failure of the required gas cabinet or exhausted enclosure ventilation.

An automatic shut-off valve, which is of a fail-safe to close design, shall be provided to shut off the supply of highly toxic gases for any of the following:

1. Activation of a manual fire alarm system.

2. Activation of the gas detection system.

3. Failure of emergency power.

4. Failure of primary containment.

5. Seismic activity.

6. Failure of required ventilation.

7. Manual activation at an approved remote location.

An automatic shutoff valve is not required if a manual shutoff valve at the source is readily accessible and the process is continuously attended and supervised by a qualified individual.

V-300-2.138
Section 6004.1.5 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

6004.1.5 Emergency control station. Signals from emergency equipment used for highly toxic gases shall be transmitted to an approved location.

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Ordinance No. 113.26
35 V-300-2.139
Section 6004.1.6 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

6004.1.6 Maximum threshold quantity. Toxic gases stored or used in quantities exceeding the maximum threshold quantity in a single vessel per control area or outdoor control area shall comply with the additional requirements for highly toxic gases of Section 6004 of this Code.

Moderately toxic gases stored or used in quantities exceeding the maximum threshold quantity. in a single vessel per control area or outdoor control area shall comply with the additional requirements for toxic gases of Section 6004 of this Code.

The following formula shall be used to calculate the maximum threshold quantity:

Max TQ (pounds) = LC50 (ppm) x 2 lb.

V-300-2.140
Section 6004.1.7 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

6004.1.7 Reduced flow valve. All containers of highly toxic and toxic materials other than lecture bottles containing highly toxic material and having a vapor pressure exceeding 29 psia shall be equipped with a reduced flow valve when available. If a reduced flow valve is not available, the container shall be used with a flow-limiting device. All flow limiting devices shall be part of the valve assembly and visible to the eye when possible; otherwise, they shall be installed as close as possible to the cylinder source.

V-300-2.141
Section 6004.1.8 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

6004.1.8 Fire extinguishing systems. Buildings and areas for the storage and use of materials regulated by this Chapter shall be protected by an automatic fire sprinkler system in accordance with NFPA 13. The design of the sprinkler system for any room or area where highly toxic, toxic and moderately toxic gases are stored, handled or used shall be in accordance with Section 5004.5.

V-300-2.142
Section 6004.1.9 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

6004.1.9 Local gas shut off. Manual activation controls shall be provided for highly toxic and toxic gases at locations near the point of use and near the source, as approved by the fire code official. The fire code official may require additional controls at other places, including, but not limited to, the entry to the building, storage or use areas, and emergency control stations. Manual activated shut-off valves shall be of a fail-safe-to-close design.

V-300-2.143
Section 6004.1.10 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

6004.1.10 Exhaust ventilation monitoring. For highly toxic and toxic gases exceeding threshold quantities, a continuous monitoring system shall be provided to assure that the required exhaust ventilation rate is maintained. The monitoring system shall initiate a local alarm. The alarm shall be both visual and audible and shall be designed to provide warning both inside and outside of the interior storage, use, or handling area.

V-300-2.144
Section 6004.1.11 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

6004.1.11 Emergency response plan. If the preparation of an emergency response plan for the facility is not required by any other law, responsible persons shall prepare, or cause to be prepared, and filed with the fire code official, a writte n 127
Item # C9.

Ordinance No. 113.26
36 emergency response plan. If the preparation of an emergency response plan is required by other law, a responsible person shall file a copy of the plan with the fire code official.

V-300-2.145
Section 6004.1.12 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

6004.1.12 Cylinder leak testing. Cylinders shall be tested for leaks immediately upon delivery and again immediately prior to departure. Testing shall be approved by the fire code official in accordance with appropriate nationally recognized industry standards and practices, if any. A ppropriate remedial action shall be immediately undertaken when leaks are detected.

V-300-2.146
Section 6004.1.13 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

6004.1.13 Inert gas purge system. Gas systems shall be provided with dedicated inert gas purge systems. A dedicated inert gas purge system may be used to purge more than one gas, provided the gases are compatible. Purge gas systems shall be located in an approved gas cabinet unless the system operates by vacuum demand.

V-300-2.147
Section 6004.1.14 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

6004.1.14 Seismic shutoff valve. An automatic seismic shut-off valve, which is of a fail -safe to close design, shall be provided to shutoff the supply of highly toxic, toxic and moderately toxic gases with an LC50 less than or equal to 3000 parts per million upon a seismic event within 5 seconds of a horizontal sinusoidal oscillation having a peak acceleration of

0.3G (1.47 m/sec2) and a period of 0.4 seconds.

V-300-2.148
Section 6004.2 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.2 Indoor storage and use. The indoor storage or use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004.2.2.10.4.

V-300-2.149
Section 6004.2.1 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, toxic, and moderately toxic gases shall be as set forth in Sections 6004.2.1.1 through 6004.2.1.5.

V-300-2.150
Section 6004.2.1.1 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.2.1.1 Quantities not exceeding the maximum allowable quantity per control area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts exceeding the maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, 6004.2.1.4 and 6004.2.1.5.

V-300-2.151
Section 6004.2.1.4 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

6004.2.1.4 Quantities not exceeding minimum threshold quantity per control area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1 and Chapter 50.

V-300-2.152
Section 6004.2.1.5 is hereby added to the California Fire Code, 2022 Edition, to read as follows:
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Ordinance No. 113.26
37 6004.2.1.5 Quantity exceeding the minimum threshold quantity per control area. The indoor storage or use of highly toxic, toxic and moderately gases in amounts exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1, 6004.2 and Chapter 50.

V-300-2.153
Section 6004.2.2 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.2.2 General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic and toxic compressed gases shall be in accordance with Sections 6004.2.2.1 through 6004.2.2.10.4.

Moderately toxic gases with an LC50 less than or equal to 3000 parts per million shall comply with the requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.10.3.

Moderately toxic gases with an LC50 more than 3000 parts per million but not greater than 5000 parts per million and exceeding the maximum threshold quantity, as determined by 6004.1.6, shall comply with the requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.7.

Moderately toxic gases shall not be considered as toxic gases for maximum allowable quantities determinations under Table 5003.1.1(2).

V-300-2.154
Section 6004.2.2.7 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.2.2.7 Treatment systems. The exhaust ventilation from gas cabinets, exhausted enclosures, gas rooms and local exhaust systems required in Section 6004.2.2.4 and 6004.2.2.5 shall be directed to a treatment system. The treatment system shall be utilized to handl e the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Section 510 of the California Mechanical Code.

Exceptions:

1. Highly toxic, toxic and moderately toxic gases storage. A treatment system is not required for cylinders, containers and tanks in storage when all of the following are provided:

1.1. Valve outlets are equipped with gas-tight outlet plug or caps.

1.2. Hand wheel-operated valves have handles secured to prevent movement.

1.3. Approved containment vessels or containment systems are provided in accordance with Section 6004.2.2.3.

V-300-2.155
Section 6004.2.2.8 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.2.2.8 Emergency power. For highly toxic and toxic gas systems, emergency power, in accordance with Section 1203, shall be provided for the following:

1. Exhaust ventilation system.

2. Treatment system.

3. Gas detection system.

4. Smoke detection system.

5. Temperature control system.

6. Fire alarm system.

7. Emergency alarm system.

V-300-2.156
Section 6004.2.2.10 of the California Fire Code, 2022 Edition, is amended to read as follows:

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Ordinance No. 113.26
38 6004.2.2.10 Gas detection system. A gas detection system complying with Section 916 shall be provided to detect the presence of a highly toxic or toxic gas at or below the PEL or ceiling limit of the gas for which detection is provided.

In occupied areas where gas cabinets or exhausted enclosures are not provided, the fire code official may require a cyclical basis at intervals not to exceed 5 minutes.

The system shall be capable of monitoring the discharge from the treatment system at or below one-half the IDLH limit and shall initiate a response in accordance with Sections 6004.2.2.10.1 through 6004.2.2.10.3 if the gas detection system is activated.

Exception: A gas detection system is not required for toxic gases when the physiological warning threshold level for the gas is at a level below the accepted PEL for the gas.

V-300-2.157
Section 6004.2.2.10.1 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.2.2.10.1 Alarms. The gas detection system shall initiate a local alarm and transmit a signal to an approved location when a short-term hazard condition is detected. The alarm shall be both visual and audible and shall provide warning both inside and outside the area where the gas is detected. The audible alarm shall be distinct from all other alarms.

Exception: Signal transmission to a constantly attended control station is not required where not more than one cylinder of highly toxic, toxic or moderately toxic gas is stored.

V-300-2.158
Section 6004.2.2.10.2 of the California Fire Code, 2022 Edition is amended to read as follows:

6004.2.2.10.2 Shut off of gas supply. The gas detection system shall automatically close the shutoff valve at the source on gas supply piping and tubing related to the system being monitored for whichever gas is detected.

Exception: An automatic shutdown is not required for reactors utilized for the production of highly toxic, toxic or moderately toxic compressed gases where such reactors are:

1. Operated at pressures less than 15 pounds per square inch gauge (psig) (103.4kPa).

2. Constantly attended.

3. Provided with emergency shutoff valves that have ready access.

V-300-2.159
Section 6004.2.2.10.4 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

6004.2.2.10.4 Emergency alarm. The indoor storage or use of highly toxic or toxic gases in amounts exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall also comply with Sections 5004.9 and 5005.4.4.

V-300-2.160
Section 6004.3 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.3 Outdoor storage and use. The outdoor storage or use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.3.1 through 6004.3.4.

V-300-2.161
Section 6004.3.1 of the California Fire Code, 2016 Edition, is amended to read as follows:

6004.3.1 Applicability. The applicability of regulations governing the outdoor storage and use of highly toxic, toxic, and moderately toxic gases shall be as set forth in Sections 6004.3.1.1 through 6004.3.1.5.

V-300-2.162
Section 6004.3.1.1 of the California Fire Code, 2022 Edition, is amended to read as follows:
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Ordinance No. 113.26
39 6004.3.1.1 Quantities not exceeding the maximum allowable quantity per control area. The outdoor storage or use of highly toxic and toxic gases in amounts exceeding the threshold quantity per control area set forth in Table 5003.1.1(4) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, and 6004.3.1.4 and 6004.3.1.5.

V-300-2.163
Section 6004.3.1.4 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

6004.3.1.4 Quantities not exceeding minimum threshold quantity per control area. The outdoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not exceeding the minimum threshold quantity per control area set for in Table 6004.1 shall be in accordance with Sections 6001, 6004.1 and Chapter 50.

V-300-2.164
Section 6004.3.1.5 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

6004.3.1.5 Quantity exceeding the minimum threshold quantity per control area. The outdoor storage or use of highly toxic, toxic and moderately gases in amounts exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1, 6004.3 and Chapter 50.

V-300-2.165
Section 6004.3.2 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.3.2 General outdoor requirements. The general requirements applicable to the outdoor storage and use of highly toxic, toxic and moderately toxic gases shall be in accordance with Sections 6004.3.2.1 through 6004.3.2.4.

Moderately toxic gases with an LC50 equal to or less than 3000 parts per million shall comply with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and 6004.3.

Moderately toxic gases with an LC 50 more than 3000 parts per million but not greater than 5000 parts per million and exceeding the maximum threshold quantity, as determined by 6004.1.6, shall comply with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and 6004.3.2.1 through 6004.3.2.4.

Moderately toxic gases shall not be considered as toxic gases for maximum allowable quantities determinations under Table 5003.1.1(4).

V-300-2.166
Section 6004.3.3 of the California Fire Code, 2022 Edition, is amended to read as follows:

6004.3.3 Outdoor storage weather protection for portable tanks and cylinders . Weather protection in accordance with Section 5004.13 and this section shall be provided for portable tanks and cylinders located outdoors and not within gas cabinets or exhausted enclosures. The storage area shall be equipped with an approved automatic sprinkler system in accordance with Section 903.3.1.1.

V-300-2.167
Section 6405.3.1 is hereby added to the California Fire Code, 2022 Edition, to read as follows:

6405.3.1 Silane distribution systems automatic shutdown. Silane distribution systems shall automatically shut down at the source upon activation of the gas detection system at levels above the alarm level and/or failure of the ventilation system for the silane distribution system.

APPENDIX B

FIRE-FLOW REQUIREMENTS FOR BUILDINGS
SECTION B105 FIRE=FLOW REQUIRES FOR BUILDINGS
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Ordinance No. 113.26
40 Amend Section B105.2 to read:

B105.2 Buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses. The minimum fire-flow and flow duration for buildings other than one - and two-family dwellings, Group R -3 and R -4 buildings and townhouses shall be as specified in Tables B105.1(2) and B105.2.

Exceptions: [SFM] Group B, S -2 and U occupancies having a floo r area not exceeding 1,000 square feet, primarily constructed of noncombustible exterior walls with wood or steel roof framing, having a Class A roof assembly, with uses limited to the following or similar uses:

1. California State Parks buildings of an accessory nature (restrooms).

2. Safety roadside rest areas (SRRA), public restrooms.

3. Truck inspection facilities (TIF), CHP office space and vehicle inspection bays.

4. Sand/salt storage buildings, storage of sand and salt.

The maximum fire flow reductio n for all commercial buildings greater than 30,000 square feet and residential podium buildings shall not exceed 25 percent of the fire flow specified in Table B105.1(2). The maximum fire flow reduction for all other buildings shall not exceed 50 percent of the fire flow specified in Table B105.1(2).

V-300-2.168
Section D101.1 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other a pplicable requirements of this Code.

V-300-2.169
Section D103.1 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet (7925 mm). See Figure D103.1. Only conditions with 26 feet roads are applicable.

Exception: The fire code official may approve other condition that provides equivalent access.

V-300-2.170
Section D104.1 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

D104.1 Buildings with two or more fire apparatus access roads. Buildings or facilities exceeding 30 feet (9144 mm), or three stories in height, or 50,000 square feet (5760m2) shall be provided with at least two means of fire apparatus access for each structure.

V-300-2.171
Section D104.2 of the California Fire Code, 2022 Edition, is deleted in its entirety.

V-300-2.172
Section D105.2 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

D105.2 Width. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm) in the immediate vicinity of any building or portion of building more than 30 feet (9144) in height.

Exception: The Fire Code Official may approve the use of other usable space/area that provides equivalent required width.

V-300-2.173
Section D106.1 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

D106.1 Projects having more than 50 dwelling units. Multiple-family residential projects having more than 50 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads. 132
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Ordinance No. 113.26
41 V-300-2.174
Section D106.2 of the California Fire Code, 2022 Edition, is amended to read in its entirety as follows:

D106.2 Projects having more than 200 dwelling units. For Multiple-family residential projects having more than 200 units, the fire code official may require more than two fire apparatus access roads.

V-300-2.175
Section D107.1 of the California Fire Code, 2022 Edition, exceptions No. 1 and No. 2 are deleted.

SECTION 4. SEVERABILITY

The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.

SECTION 5. EFFECTIVE DATE AND POSTING

In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California. 133
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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager to Execute the Improvement Agreement with Parktown Plaza Pak, LLC, for the completion of Offsite Public Improvements Located at 1400 S. Park Victoria Drive Associated with Site Development Permit (SD1300014) and Conditional Use Permit (UP14-0002) (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Category: Consent Calendar-Community Development
Meeting Date: 10/18/2022
Recommendation: Approve and authorize the City Manager to execute the Improvement Agreement with Parktown Plaza Pak, LLC, for the completion of offsite public improvements located at 1400 S. Park Victoria Drive associated with Site Development Permit (SD1300014) and Conditional Use Permit (UP14-0002).

BACKGROUND:

On February 26, 2014, the Milpitas Planning Commission approved a Site Development Permit (SD13-0014) and Conditional Use Permit (UP14-0002) for construction of a new 5,400 square foot building with 3 tenant spaces, drive thru, outdoor seating areas, trash enclosure, signage elements, and associated off-site public improvements at Parktown Plaza, 1400 South Park Victoria Drive. The Project is located within the existing asphalt parking lot adjacent of Park Town Plaza (APN 088-36-044) and is adjacent to Landess Avenue. Offsite public improvements to be constructed include curb, gutter, sidewalk, driveways, utility services, and other miscellaneous items of work identified on the public improvement plans.

ANALYSIS:

The Developer, Parktown Plaza Pak, LLC, has agreed to enter into an Improvement Agreement (Attached) with the city for construction of project off-site public improvements which will be completed and accepted by the City upon completion of construction. The off-site public improvements will be completed within 1-year from the date of the Agreement, and the work is guaranteed by bonds or similar security to be posted by the Developer in the amount of $299,862.00. The City Engineer has reviewed the public improvement plans (2- 1199) and recommends the City Council approve the Improvement Agreement to allow for the construction of public improvements to proceed.

POLICY ALTERNATIVE(S):

Alternative 1:

Deny approval of Improvement Agreement for the installation of off-site public improvements.

Pros: None

Cons: Denying approval of the Improvement Agreement will cause construction of the off-site public improvements to be delayed and will prevent the owner and new tenants from occupying the newly constructed buildings.

Reason for Not Recommending: The proposed off-site public improvements are designed to support the public, Parktown Plaza and the new constructed building. Staff recommends the City Council approve the Improvement Agreement for construction of the off-site public improvements.

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Item # C10.

FISCAL IMPACT:

The Developer reimbursed the city for costs associated with plan review, permitting and construction inspection for off-site public improvements constructed by the Developer. The City will have perpetual ownership and maintenance responsibilities for the improvements following construction and acceptance of the project. The Public Works Department provides funding for future maintenance of newly accepted City infrastructure through their operating budget.

California Environmental Quality Act (CEQA):

Approval of the Improvement Agreement implements this project for which CEQA review has already been completed, by the Planning Division, and is categorically exempt from further environmental review pursuant to Section 15303 (C) (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.

RECOMMENDATION:

Approve and Authorize the City Manager to Execute the Improvement Agreement with Parktown Plaza Pak, LLC, for the completion of Offsite Public Improvements Located at 1400 S. Park Victoria Drive Associated with Site Development Permit (SD1300014) and Conditional Use Permit (UP14-0002).

Attachment(s):

1. Improvement Agreement

2. Offsite Improvement Plans

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September 29
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Order Number: NCS-1095014-SC
Page Number: 9

First American Title Insurance Company

LEGAL DESCRIPTION

Real property in the City of Milpitas, County of Santa Clara, State of California, described as follows:

ALL OF PARCEL 1, AS SAID PARCEL IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "PARCEL MAP, BEING A PORTION OF PARCEL A AS SHOWN ON THAT CERTAIN MAP ENTITLED "AMENDED RECORD OF SURVEY, ETC.," BOOK 213 OF MAPS, PAGE 25, SANTA CLARA COUNTY RECORDS", WHICH MAP WAS

FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON DECEMBER 9, 1970 IN BOOK 276 OF MAPS AT PAGE 24.

APN: 088-36-044

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Item Description Quantity Unit Unit Price Amount

STREET WORK
1 Driveway - Commercial 1,050 sf 10.00 10,500 2 Curb & Gutter 390 l.f. 15.00 5,850 3 Sidewalk 2,904 sf 7.00 20,328
4 AC pavement 897 sf 5.00 4,485
5 AC Slurry Seal 6,093 sf 1.00 6,093
6 Stripe: Standard Bike Lane (4") 346 l.f. 1.00 346 7 Stripe: Green Bike Lane (6' striped) 88 l.f. 10.00 880 Sub-Total 48,482$

WATER SUPPLY
1 Fire Service Lateral 1 each 3,000.00 3,000 2 2" Domestic Service 1 each 1,750.00 1,750 3 Fire Service DCV 1 each 2,000.00 2,000 4 2" Domestic Meter 1 each 1,500.00 1,500 5 Fire Hydrant Lateral Reset 1 each 2,000.00 2,000 6 Water Main Replacement 21 l.f. 300.00 6,300 Sub-Total 16,550$

MISCELLANEOUS
1 Mobilization 1 l.s. 2,000.00 2,000
2 Removal of Curb & Gutter 390 l.f. 5.00 1,950

ENGINEERING COST ESTIMATE

OFF SITE IMPROVEMENT (PUBLIC RIGHT OF WAY)

MILPITAS, CALIFORNIA

PARK TOWN PLAZA RETAIL BUILDING
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Luk and Associates
738 Alfred Nobel Drive
Hercules, California 94547
(510) 724-3388 - Fax (510) 724-3383
Civil Engine e ring
Land Planning
Surveying
This estimate is based upon information available at this time and this office assumes no liability for changes in prices due to unforeseen conditions or changes required by governing agencies. OFF-SITE Item Description Quantity Unit Unit Price Amount
3 Removal of Sidewalk & Driveway 3,954 sf 2.50 9,885 4 Traffic Control 1 l.s. 3,000.00 3,000 5 Street Trees (New) 2 each 1,500.00 3,000 Sub-Total 19,835$
Total Cost Sub-Total 84,867$
10% Contingency 8,487$
TOTAL CONSTRUCTION COST 93,354$
NOTE: Developer requested to provide a bond amount in the sum of $299,862.00 based on the cost estimate provided by their contractor instead of the above total.

The Engineering Department accepts the Developer's requested bond amount. 157
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158
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159
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161
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162
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163
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164
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165
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166
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169
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INDEX OF DRAWINGS
CIVIL ENGINEER:

IMPROVEMENT PLANS GENERAL NOTES
A
I
T

INCORPORATED
S
Y
T
I
C

CALIFORNIA
JANUARY 26, 1954
O
F
L
M
I
P
Record Drawings
Revisions

ENGINEERING DIVISION

CITY OF MILPITAS

CITY OF SAN JOSE

CITY OF FREMONT

COUNTY OF SANTA CLARA

CITY OF SAN JOSE

COUNTY OF ALAMEDA

COUNTY OF

COUNTY OF ALAMEDA

COUNTY OF SANTA CLARA

SANTA CLARA

COUNTY OF SANTA CLARA

CITY OF SAN JOSE

COUNTY OF SANTA CLARA
SOILS ENGINEER:

CITY OF MILPITAS

ENGINEERING DIVISION
1916 O'Toole Way, San Jose, Ca 95131
TEL 408.324.1400
Silicon Valley Soil Engineering
738 Alfred Nobel Drive Hercules, CA 94547
TEL 510.724.3388
Luk and Associates
4026 3rd Street, San Francisco, Ca 94124
TEL 415-285-6200
Associated Builders
MVJ
Architects
6026 Acacia Avenue Oakland, CA 94618
TEL 510.821.2432

PARK TOWN PLAZA
Park Town Plaza
1400 S. Park Victoria Drive
Milpitas, CA 95035

RETAIL BUILDING &

ASSOCIATED SITE

IMPROVEMENTS

PROJECT TITLE & ADDRESS
CONTACT INFORMATION:

XX
See Red Line Changes
9/29/22
Type text here
10/3/2022
171
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CIVIL ENGINEER: Revisions