CityCouncil_RegularSession_Attachments_03_21_2023 — Milpitas City Council, March 21, 2023 (part 1 of 3)

455 EAST CALAVERAS BOULEVARD, MILPITAS, CALIFORNIA 95035-5479 GENERAL INFORMATION: 408-586-3005, WWW.MILPITAS.GOV

3/21/2023
Agenda Item No. C1

REVISED ATTACHMENT

Item C1 – Revised March 2023 Calendar

CITY OF MILPITAS
Milpitas City Council Calendar
March 2023

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Virtual)
2:30 PM-SCC Emergency Operational
Area Council (CM)
7:00 PM-Community Advisory
Commission (AP)

2 3:00 PM-Ad Hoc Parks, Streets and
Facilities Naming Subcommittee
(CM/EC)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)

3 9:00 AM-VTA Board of Directors
Workshop (CM)
4 11AM-2PM-
Holi Festival
(Cardoza
Park) 5

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

7 6:00 PM-Closed Session
7:00 PM-City Council

8 7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)

9 4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
6:00 PM-Cities Association
Legislative Action Committee (CM)
7:00 PM-Cities Assoc of SCC (CM)

10 11

12 13
4:30 PM-Economic Development and
Trade Commission (CM)

14 4:00 PM-Milpitas HOPE Task Force
15 6:00 PM-Energy and Environmental
Sustainability Commission (EC)

16 3:00 PM-VTA Safety, Security, and
Transit Planning and Operations
Committee (CM)
5:30 PM- Measure F Oversight
Committee
6:30 PM-Bay Area Water Supply
Conservation Agency (CM)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(HL)

17 18

19 20
7:00 PM-Library and Education
Commission (EC) (Milpitas Public
Library)

21 6:00 PM-Closed Session
7:00 PM-City Council

22 4:00 PM-City/School Collaborative
Subcommittee (CM/EC)
7:00 PM-Planning Commission

23 4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
(GB)

24 25

26 27
7:00 PM-Arts Commission (AP)

28 3:30 PM-Economic Development and
Trade Commission Special Meeting
(CM)
29 7:00 PM-CEDAW Task Force (CM/EC)
30 31

Cesar Chavez Day
City Hall Closed

*Finance Subcommittee will only meet as needed

February 2023

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

April 2023

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 JOINT MEETING OF THE MILPITAS CITY

COUNCIL AND HOUSING AUTHORITY

March 21, 2023 Milpitas City Council Agenda Page 1

AG E N D A
TUESDAY, MARCH 21, 2023
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 6:00 PM (CLOSED SESSION)
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_I9812ZgVTueh0PdDHZPgRQ After you register a link will be sent to you to join the City Council meeting in order to give your comments. All Zoom meeting attendees who wish to speak must click on the “raise hand” icon when the Mayor calls for public comments. If participating via phone, dial *9 to use the “raise hand” feature, and when called to speak, dial *6 to unmute your phone. Your phone number will be displayed in the live meeting. The Mayor will call speakers by name to address the City Council.

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.

NOTE: If a member of the public wishes to share any presentation materials for C ouncil 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.

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 March 21, 2023 Milpitas City Council Agenda Page 2

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 PM)

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) Facts and circumstances related to the expiration of a contract to which the City is a party.

City as Defendant

(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957
Position: City Attorney
CLOSED SESSION ANNOUNCEMENT:

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

PLEDGE OF ALLEGIANCE (Vice Mayor Chua)
INVOCATION (Councilmember Barbadillo)
PRESENTATIONS (7:05 PM)
 STEM Milpitas Student Winners

PUBLIC FORUM (7:15 PM)
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.

As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA
CONSENT CALENDAR (7:20 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 March and April 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for March and April 2023.

C2. Approve City Council City Council Special Meeting Minutes of February 28, 2023 and Regular Meeting Minutes of March 7, 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Recommendation: Approve City Council Special Meeting minutes of February 28, 2023 and Regular Meeting minutes of March 7, 2023.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
2 March 21, 2023 Milpitas City Council Agenda Page 3

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

C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (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. Consider Recommendations from Mayor Montano for Removal from and Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Recommendation: Receive Mayor Montano's recommendations and approve one removal from the Community Advisory Commission; approve recommendations from the Mayor for appointments to City Commissions; and direct the City Clerk to post the notice of unscheduled vacancy.

C6. Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to DeSilva Gates Construction for Street Resurfacing Project No. 4283, 4303, 4304; and Approve Budget Change Form (Staff Contact: Steve Chan, Interim Engineering Director/City Engineer 408-586-3324)
Recommendation: Adopt a resolution to approve project plans & specifications; award the construction contract to the lowest responsible, and responsive bidder, DeSilva Gates Construction, in the amount of $3,262,139.00 for the Street Resurfacing Project No. 4283, 4303, 4304; Authorize the City Manager to execute the construction contract with DeSilva Gates Construction; Authorize the Engineering Director/City Engineer to negotiate and execute Contract Change Order(s) in an aggregate amount not to exceed $652,427.80 for the project; and Approve the Budget Change Form to appropriate funding for CP 4303 and CP 4304.

C7. Approve and Authorize the City Manager to Execute Amendment No. 1 with Plante & Moran, PLLC for Enterprise Resource Planning (ERP) System Consultation to Extend the Term by 12 Months and Increase the Existing Contract by $88,450.00 for a Total Contract Amount of $188,210.00 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Recommendation: Approve and authorize the City Manager to execute Amendment No. 1 with Plante & Moran, PLLC for Enterprise Resource Planning (ERP) System Consultation to extend the term by 12 months and increase the existing contract by $88,450.00 for a total contract amount of $188,210.00.

C8. Adopt a Universal Resolution Designating the City Manager as the Authorized Agent to Execute for, and on behalf of, the City of Milpitas for the Purpose of Obtaining Federal and State Financial Assistance (Staff Contact: Brian Stelling, Interim Fire Chief, 408-586-2811; and Toni Charlop, Emergency Services Coordinator, 408-586-2801)
Recommendation: Adopt a universal resolution designating the City Manager as the Authorized Agent to execute for, and on behalf, of the City of Milpitas for the purpose of obtaining Federal and State financial assistance.

C9. Adopt a Resolution Amending Resolution No.1626, the Classification Plan, to Establish the Position and Classification of Public Works Manager – Utilities and Modify, Approve and Adopt the Salary Schedule Titled “All Job Classifications/Salary Table” to Include the Salary Range for this Classification (Staff Contact: Nick Raisch, Human Resources Director, 408-586-3086; and Christian Di Renzo, Public Works Director, 408-586-2602) 3 March 21, 2023 Milpitas City Council Agenda Page 4

Recommendation: Adopt a resolution amending Resolution No. 1626, the Classification Plan, to establish the position and classification of Public Works Manager – Utilities, adjust the number of positions on the authorized position list, amend specific budgeted, allocated positions and modify, approve and adopt the Salary Schedule titled “All Job Classifications/Salary Table effective March 22, 2023” to include the salary range for the classification of Public Works Manager- Utilities of $124,280 – $173,992.

C10. Approve the addition of Names to City Naming Lists and Name a New City Park the Delano Manongs Park (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Recommendation: (1) Approve adding Muwekma to the Influential People Naming List; (2) Approve adding Delano Manongs to the Influential People Naming List; and (3) Approve naming a new park in the Metro Area the “Delano Manongs Park.”
C11. Approve and Authorize the City Manager to Execute a Three-Year Agreement with the City of San Jose for Animal Control Services (Staff Contact: Bill Tott, Building Official, 408 586-3263) Recommendation: Approve and authorize the City Manager to execute a three-year service contract agreement with the City of San Jose for Animal Services in the amount of $1,655,696.64 for fiscal years 2023-2036 with two additional three-year options.

C12. Receive the 2022 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and Authorize the Submittal of Both Reports to California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR) (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046 and Robert Musallam, Housing and Neighborhood Services Administrator, 408-586-3275) Recommendation: Receive the 2022 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and authorize the submittal of both reports to California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR).

C13. Adopt a Resolution Expressing Support for the City’s 2022-2023 Priority Development Area Planning Grant Applications to the Metropolitan Transportation Commission to Prepare a Master Streetscape Plan for Main Street and a Conceptual Parks and Trails Plan for the Innovation District (Staff Contact: Ned Thomas, Planning Director, 408-586-3273; and Jay Lee, Principal Planner, 408-586-3077)
Recommendation: Adopt a resolution expressing support for the City’s 2022-2023 Priority Development Area Planning Grant applications to the Metropolitan Transportation Commission to prepare a master streetscape plan for Main Street and a conceptual parks and trails plan for the Innovation District.

C14. Accept Commissioner Resignation (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Recommendation: Accept the resignation of Abhijit Pandey from the Science, Technology and Innovation Commission and direct the City Clerk to post the notice of unscheduled vacancy.

PUBLIC HEARINGS (7:25 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. 4 March 21, 2023 Milpitas City Council Agenda Page 5

15. Conduct a Public Hearing to Consider Protests Against Proposed Water and Recycled Water Rates for FY 2023-24 through FY2027-28 and Introduce Ordinance No. 120.50 (Staff Contact:

Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: (1) Open public hearing and receive all written and verbal testimony regarding proposed rate increases; (2) Move to close the public hearing following all speakers; (3) Receive a summary from the City Clerk of the number of written protest received and the number required for a majority protests; (4) City Attorney shall read aloud the title of Ordinance No. 120.50; and (5) If no majority protest exists, move to waive the first reading beyond the title and introduce Ordinance No. 120.50 to approve updated water and recycled water rates for FY23/24 through FY27/28. Ordinance is entitled: “An Ordinance of the City of Milpitas Amending Chapter 1 of Title VIII of the Milpitas Municipal Code Relating to Water Service Charges.”

16. Conduct a Public Hearing to Consider Protests Against Proposed Sewer Rates for FY23/24 through FY27/28 and Introduce Ordinance No. 208.55 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Lauren Lai, Director of Finance, 408-586-3111) Recommendation: (1) Open Public Hearing and receive all written and verbal testimony regarding proposed rate increases; (2) Move to close the public hearing following all speakers; (3) Receive a summary from the City Clerk of the number of written protests received and the number required for a majority protest; (4) City Attorney shall read aloud the title of Ordinance No. 208.55; (5) If no majority protest exists, move to waive the first reading beyond the title and introduce Ordinance No. 208.55 to approve updated sewer rates for FY23/24 through FY27/28. Ordinance No. 208.55 is entitled: “An Ordinance of the City of Milpitas Amending Chapter 2 of Title VIII of The Milpitas Municipal Code Relating to Sewer Service Charges”; and (6) Approve subsidy program for Mobile Home Park customer class.

COMMUNITY DEVELOPMENT (8:30 PM)

17. Housing Report and Proposed Funding for Emergency Motel Stays Program and WeHOPE for Mobile Showers and Laundry Services (Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046)
Recommendation: (1) Receive Housing Report and presentation; (2) Approve an amendment to the Professional Services Agreement with WeHOPE to add additional funding in the amount of $10,000.00, with a total not-to-exceed amount of $96,552.00; and (3) Approve additional Emergency Motel Stays Program funding of $50,000.00 from the American Rescue Plan Act (ARPA) fund for unhoused individuals in Milpitas.

18. Receive a Report on the Homekey Project at 1000 Hillview Court (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3056)
Recommendations: Receive a Report on the Homekey Project at 1000 Hillview Court.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (10:30 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. 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 whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.

ADJOURNMENT (10:35 PM)

5 March 21, 2023 Milpitas City Council Agenda Page 6

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.

6 Milpitas City Council Calendar
March 2023

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Virtual)
2:30 PM-SCC Emergency Operational
Area Council (CM)
7:00 PM-Community Advisory
Commission (AP)

2 3:00 PM-Ad Hoc Parks, Streets and
Facilities Naming Subcommittee
(CM/EC)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)

3 9:00 AM-VTA Board of Directors
Workshop (CM)
4 11AM-2PM-
Holi Festival
(Cardoza
Park)
5 6
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)

7 6:00 PM-Closed Session
7:00 PM-City Council

8 7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)

9 4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
6:00 PM-Cities Association
Legislative Action Committee (CM)
7:00 PM-Cities Assoc of SCC (CM)

10 11

12 13
4:30 PM-Economic Development and
Trade Commission (CM)

14 4:00 PM-Milpitas HOPE Task Force
15 6:00 PM-Energy and Environmental
Sustainability Commission (EC)

17 18

19 20
7:00 PM-Library and Education
Commission (EC) (Milpitas Public
Library)

21 6:00 PM-Closed Session
7:00 PM-City Council

22 4:00 PM-City/School Collaborative
Subcommittee (CM/EC)
7:00 PM-Planning Commission

23 4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
(GB)

24 25

26 27
7:00 PM-Arts Commission (AP)

28 29
7:00 PM-CEDAW Task Force (CM/EC)
30 31

Cesar Chavez Day
City Hall Closed

*Finance Subcommittee will only meet as needed

February 2023

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

April 2023

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

Milpitas City Council Calendar

April 2023

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 2

3 7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)

4 6:00 PM-Closed Session
7:00 PM-City Council

5 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
5:30 PM-Veterans Commission (CM)
7:00 PM-Community Advisory
Commission (AP)

6 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
6:00 PM-Community Townhall
FY2023-2024 Budget (Committee
Conference Room, City Hall)

7 8

9 10
4:30 PM-Economic Development and
Trade Commission (CM)

11 12
12:00 PM-Valley Water District
Water Commission (CM)
4:30 PM-City Council Transportation
Subcommittee (CM/EC)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
7:00 PM-Planning Commission

13 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)

14 15

16 17
7:00 PM-Science, Technology, and
Innovation Commission (GB)

18 6:00 PM-Closed Session
7:00 PM-City Council

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

20 10:30 AM-South Bay Odor
Stakeholders Group Meeting (CM)

21 22

23 24

25 1:30 PM-Senior Advisory Commission
(AP)

26 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (CM)
7:00 PM-Planning Commission

27 12:00 PM-SCC Library Joint Powers
Authority Board Meeting (Campbell)
(EC)
28 29

30 *Finance Subcommittee will only meet as needed
March 2023

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

May 2023

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

8 Item # C1.

SPECIAL MEETING OF THE

MILPITAS CITY COUNCIL

February 28, 2023 Milpitas City Council Minutes Page 1

M I NU TE S
TUESDAY, FEBRUARY 28, 2023

The City Council of the City of Milpitas convened in a Special Meeting of the Milpitas City Council on February 28, 2023, in the Barbara Lee Senior Center, 40 N. Milpitas Blvd, Milpitas, and via teleconference/ Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Special City Council meeting to order at 5:36 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Chua, Councilmembers Barbadillo, Lien, and Phan.

ABSENT: None.

PLEDGE OF ALLEGIANCE
Mayor Montano led the Pledge of Allegiance.

PUBLIC FORUM
There were the following public speakers:

1. Stephen Balsbaugh

2. Kulwant Singh

3. Jessica Le

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

READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Montano read the Code of Conduct.

APPROVAL OF AGENDA
Motion: to approve the February 28, 2023 Special Meeting Agenda

Motion/Second: Vice Mayor Chua / Councilmember Barbadillo Motion carried by the following:

AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None

AGENDA ITEMS

1. Receive Presentation on Proposed 5-Year 2024-2028 Capital Improvement Program and Projects to be Funded through American Rescue Plan Act and Provide Feedback to Staff 9 Item # C2.

February 28, 2023 Milpitas City Council Minutes Page 2

Assistant City Manager Kantak provided opening remarks. Deputy City Manager Cano and Capital Improvement Program Manager Silveira presented the report.

Mayor Montano provided clarification on Slide 53, noting that the Item “Larger message sign at City Hall” should read as a “larger sign at the library”.

There were no public speakers.

Deputy City Manager Cano and Capital Improvement Program Manager Silveira joined by staff responded to questions from City Council.

Councilmember Phan questioned if the Pickleball Courts Project would be a conversion or new project.

CIP Manager Silveira indicated the proposed budget was for conversions of existing facilities.

Councilmember Phan asked if staff had identified possible sites. Recreation and Community Services Director Lorentzen provided background on current locations and discussed possible future pickleball locations and spoke on steps taken by staff to ensure community acceptance of the project. Mayor Montano voiced support for dual use courts for tennis and pickleball.

Vice Mayor Chua asked for more details on the scope of the Enterprise Resource Planning system including which modules would be acquired. She voiced concern at the scope of the implementation of an entire financial system and suggested implementing HRIS first.

Councilmember Barbadillo voiced concerns with aspects of the presentation including the City Attorney’s Office construction and Council Chamber A/V. He suggested a lack of return of benefit to the community, questioned if the ERP/HRIS was needed now, and expressed concern that some community projects wouldn’t have funding, but residents would see increased water and sewer rates.

He also highlighted the abundance of plans adopted but questioned their implementation.

Vice Mayor Chua asked for a status update on the parks funded by ARPA. Assistant City Manager Kantak indicated an update would be provided to all Councilmembers.

Mayor Montano voiced agreement with Councilmember Barbadillo’s concern regarding projects to benefit the community and suggested those projects should be prioritized. She suggested going through the projects line by line.

Pickleball
Recreation and Community Services Director Lorentzen indicated her understanding that there would be no direction until a community survey was conducted regarding permanent dual use and a policy was developed for dual use including capital and operational costs.

Police Substation
Mayor Montano asked to determine consensus from the City Council. Vice Mayor Chua voiced support due to the public safety focus. Councilmember Phan questioned if a substation was a Police Department priority and suggested the priority should be for more immediate needs and existing infrastructure improvements. He supported a feasibility study but asked it not be so narrowly focused.

Vice Mayor Chua favored widening the scope of the feasibility study. Mayor Montano and Councilmember Barbadillo agreed. There was consensus to include the project with direction to widen the scope to consider substation alternatives.

10 Item # C2.

February 28, 2023 Milpitas City Council Minutes Page 3

Teen Center
Mayor Montano highlighted that a teen center currently exists, but is being used for other activities. She questioned the reason for the change. With support of Vice Mayor Chua and Councilmember Barbadillo, there was consensus to continue with the project and asking for funding for a study.

Community Garden at Vasona
Mayor Montano suggested staff include in their survey of residents to ask the community for input on what should be done with the property. There was consensus for the item.

S. Main Street Lights & Undergrounding Projects
Mayor Montano suggested it was time for the project to move forward. CIP Manager Silveira provided additional background information including requirements, cost, and the steps required to move forward. He indicated they could look into the suitability of the power source. Planning Director Thomas noted that an update to the Midtown Plan was coming before City Council in April and the Milpitas Gateway Plan would be coming to Council in the next year to eighteen months. Mayor Montano reiterated the focus of the project is on the three blocks from Carlo Street to Corning Avenue. There was consensus that this was a priority.

Navigation Center
Mayor Montano suggested working with churches. Assistant City Manager Kantak noted that staff was planning to return with this item at the next prioritization session.

Cesar Chavez Community Garden
Mayor Montano provided background on the request. Councilmember Barbadillo asked about the community garden waiting list. Recreation and Community Services Director Lorentzen noted that the Parks, Recreation and Cultural Resources Commission plans to bring a recommendation to the City Council in April 2023. There was agreement to bring the project back in the next budget season.

Consulate Office
Mayor Montano suggested converting the former Milpitas TV space into a satellite consulate office.

Councilmember Phan voiced concerns with expanding government scope and did not support the project. Councilmember Lien also did not support the project. Councilmember Phan questioned which governments would have access to the satellite office. Mayor Montano noted that it could be open to any consulate that may legally operate. With the support of Councilmember Barbadillo, Vice Mayor Chua and Mayor Montano, there was consensus to research the issue as a shared space with either daily or hourly usage.

Gill Park Additional Lighting
Vice Mayor Chua noted that she brought this item forward due to safety concerns over a lack of lighting in the evening. She asked staff for an inventory or list of parks without lights before the next CIP discussion. Recreation and Community Services Director Lorentzen asked if the Vice Mayor was asking for court lighting or field lights. Deputy City Manager Cano noted an informational memorandum would be released on the status of the ARPA projects and this item would be included. Vice Mayor Chua also asked that the flooding in front of the Library be addressed.

City Attorney Office Construction
11 Item # C2.

February 28, 2023 Milpitas City Council Minutes Page 4

Vice Mayor Chua expressed concern with supporting funding due to the number of unused cubicles on the third floor. She also suggested dual use cubicles for teams that alternate work from home days. City Attorney Mutalipassi indicated that much of the work completed by most of the City Attorney’s Office is considered privileged and required to be kept confidential. She asked if staff had looked into reassigning other offices. Councilmember Barbadillo suggested using other offices at City Hall.

Councilmember Phan supported the project. After discussion, the Council asked to look at existing space availability, and if there is no availability to keep this project in the budget.

ERP Financial System
Vice Mayor Chua reiterated her preference to move forward with an HRIS system and implement financial modules in the next year’s budget. Councilmember Lien highlighted the difficulties in the Vice Mayor’s recommended implementation plan. She supported the recommendation. Councilmember Phan voiced support for staff’s recommendation. Councilmember Barbadillo supported Vice Mayor Chua’s suggestion. Mayor Montano supported the staff recommendation. With the support of Councilmember Lien, Councilmember Phan, and Mayor Montano, there was consensus to move the item forward.

Deputy City Manager Cano summarized the direction provided by City Council and Assistant City Manager Kantak provided closing remarks.

ADJOURNMENT
Mayor Montano adjourned the meeting at 8:43 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

12 Item # C2.

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

March 7, 2023 Milpitas City Council Minutes Page 1

M I NU TE S
TUESDAY, MARCH 7, 2023

The City Council of the City of Milpitas convened in a Regular Meeting of the Milpitas City Council on March 7, 2023, 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 Montano called the Regular City Council meeting to order at 6:00 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Chua, Councilmembers Barbadillo, Lien, and Phan (7:04 PM).

ABSENT: None.

City Attorney Mutalipassi announced the closed session items.

The City Council adjourned to Closed Session at 6:01 PM.

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) Facts and circumstances of a transactional occurrence related to fees charged for the use of sanitary sewer.

City as Defendant

(b) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
City as Plaintiff
County Sanitation District 2-3, et al. v. The City of San Jose, et al. Santa Clara Superior Court case no. 18CV325480
The City Council reconvened in regular session at 7:01 PM CLOSED SESSION ANNOUNCEMENT:

City Attorney Mutalipassi stated there was nothing to report out.

PLEDGE OF ALLEGIANCE
Mayor Montano led the Pledge of Allegiance.

City Attorney Mutalipassi announced that Councilmember Phan was participating remotely according to the emergency circumstances provision of AB 2449 due to illness. The City Council had no comments.

Motion/Second: Vice Mayor Chua / Councilmember Lien
AYES: Councilmembers Barbadillo, Lien, Vice Mayor Chua, and Mayor Montano

13 Item # C2.

March 7, 2023 Milpitas City Council Minutes Page 2

The City Council authorized Councilmember Phan’s remote appearance pursuant to the emergency circumstances provision of AB2449.

INVOCATION
Councilmember Barbadillo presented the invocation.

PRESENTATIONS
Mayor Montano presented proclamations in recognition of American Red Cross Month, National Women’s History Month, Youth Art Month, and the 25th Annual Women in Construction Week. Joined by Vice Mayor Chua, she presented certificates of appreciation to CEDAW Task Force members.

PUBLIC FORUM
There were the following public speakers:

1. Nidhi Saigal

2. Rob Means

3. Kelly Yip-Chuan

4. Voltaire Montemayor

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 Montano read the Code of Conduct.

APPROVAL OF AGENDA
Motion: to approve the March 7, 2023 Regular Meeting Agenda.

Motion/Second: Councilmember Lien / Councilmember Barbadillo Motion carried by the following:

AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None

CONSENT CALENDAR
Motion: to approve the Consent Calendar
Motion/Second: Councilmember Lien / Councilmember Barbadillo Motion carried by the following:

AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None

There were the following speakers:

1. Voltaire Montemayor
C1. Receive City Council Calendar of Meetings for March 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
14 Item # C2.

March 7, 2023 Milpitas City Council Minutes Page 3

Received City Council Calendar of Meetings for March 2023.

C2. Approve City Council City Council Regular Meeting Minutes of February 21, 2023 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved City Council Regular Meeting minutes of February 21, 2023.

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. Accept Commissioner Resignation (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Accepted the resignation of Barbara Ebright from the Senior Advisory Commission and directed the City Clerk to post the notice of unscheduled vacancy.

C6. Authorize the City Manager to execute the Non-Exclusive License Agreement between the City of Milpitas and Crown Castle Fiber LLC, a New York Limited Liability Company, for the installation of Small Cell Facilities on Municipal Facilities (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Authorized the City Manager to execute the Non-Exclusive License Agreement between the City of Milpitas and Crown Castle Fiber LLC, a New York Limited Liability Company, for the installation of Small Cell Facilities on Municipal Facilities and find a CEQA exemption.

C7. Adopt a Resolution Granting Acceptance of Alviso Adobe Renovation. (Phase V – Exhibits), Project No. 5055, Authorizing the City Engineer or other appropriate representative designated by the City Manager, to File a Notice of Completion, and Authorize the City Engineer, or other appropriate representative designated by the City Manager, to Issue a Notice of Final Acceptance after the One-Year Warranty (Staff Contact: Michael Silveira, Capital Improvement Program Manager, 408-586-3303)
Adopted Resolution No. 9220 granting acceptance of Alviso Adobe Renovation (Phase V – Exhibits), Project No. 5055; authorizing the City Engineer, or other appropriate representative designated by the City Manager, to file a Notice of Completion, and authorizing the City Engineer, or other appropriate representative designated by the City Manager, to issue a Notice of Final Acceptance after the one- year warranty.

C8. Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch) (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Adopted Resolution No 9221 initiating proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch). 15 Item # C2.

March 7, 2023 Milpitas City Council Minutes Page 4

C9. Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon) (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Adopted Resolution No. 9222 initiating proceedings for the Annual Levy and Collection of Assessments and ordering the preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon).

C10. Adopt a Resolution Granting Acceptance of Public Improvements and Approve a Reduction of the Faithful Performance Bond for the Lantana Apartments Residential Project and Grant Authorization to the City Engineer to Release the Performance Bond after the One-Year Warranty Period (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Adopted Resolution No. 9223 granting acceptance of the completed public improvements for the Lantana Apartments Residential Project as shown on Public Improvement Plans No. 2-1235; and approve a reduction in the faithful performance bond to $112,250.00, which is 25% of the security’s original value which shall be in effect for the duration of the warranty period; and grant authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

C11. Approval of Fourth Amendment to Memorandum of Agreement with Other Santa Clara Valley Municipalities to Allow for the Continuation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Elaine Marshall, Deputy Public Works Director, 408-586-2603) Authorized the City Manager to execute the Fourth Amendment to the Memorandum of Agreement (MOU) for the Santa Clara Valley Urban Runoff Pollution Prevention Program which will allow for a five (5) year extension of the MOU with no change to the existing 2.75% cost share for the City of Milpitas.

C12. Adopt a Resolution to Appoint Second Council Liaison to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Community Task Force (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001; and Mayor Montano, 408-586-3024) Adopted Resolution No. 9224 approving the addition of a second City Council Liaison to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Task Force; and approved the Mayor's appointment of Vice Mayor Evelyn Chua as the second City Council Liaison to the CEDAW Task Force.

C13. Consider the Recommendation from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Received the recommendation from Mayor Montano and approved the following appointments to City Commissions.

Community Advisory Commission:

1. Reappoint Vishal Gandhi to a full voting seat with a term ending January 2026.

2. Promote Jose Geronimo to a full voting seat with a term ending January 2026.

3. Appoint Miguel Bilbao to a full voting seat with a term ending January 2026.

4. Appoint Raghu Reddy as Alternate No. 2 with a term ending January 2026.

Economic Development and Trade Commission:

1. Appoint Paul Medewar to the hospitality seat with an unexpired term ending April 2024. 16 Item # C2.

March 7, 2023 Milpitas City Council Minutes Page 5

Parks, Recreation, and Cultural Resources Commission:

1. Appoint Juliette Gomez to a full voting seat with a term ending June 2026.

2. Appoint Peter Felix to a full voting seat with an unexpired term ending June 2025.

Senior Advisory Commission:

1. Appoint Simon Chu as Alternate No. 2 with a term ending December 2026.

Science, Technology, and Innovation Commission:

1. Appoint Pulak Mehta to a full voting seat with a term ending January 2026.

2. Appoint Suresh Sinha as Alternate No. 2 with a term ending January 2026.

Veterans Commission:

1. Appoint Diego Hammett to a full voting seat with an unexpired term ending February 2025.

2. Appoint Rich Tran as Alternate No. 1 with an unexpired term ending February 2025.

3. Appoint Leo Garcia as Alternate No. 2 with an unexpired term ending February 2025.

C14. Adopt a Resolution to End the Emergency Proclaimed by then Interim City Manager on March 12, 2020, and Ratified by the City Council on March 17, 2022 (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3056)
Adopted Resolution No. 9225 of the City Council of the City of Milpitas for Termination of the Proclamation of Local Emergency regarding Novel Coronavirus (COVID-19).

PUBLIC HEARINGS

15. Conduct a Public Hearing for the 2023 Weed Abatement Program and Adopt a Resolution to Abate the Weeds (Staff Contact: Arthur Belton, Deputy Fire Chief/Fire Marshal, 408-586-3384) Deputy Fire Chief / Fire Marshal Belton presented the report.

Mayor Montano opened the public hearing.

There were no public speakers.

Mayor Montano closed the public hearing.

Motion: to adopt Resolution No. 9226 directing the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program to abate the nuisance, keep an account of the cost, and embody such account in a report and assessment list to the City Council in accordance with the Milpitas Municipal Code.

Motion/Second: Councilmember Lien / Vice Mayor Chua
Motion carried by the following:

AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None.

16. Conduct a Public Hearing and Introduce an Ordinance Amending Title III “Business and Professions” of the Milpitas Municipal Code to add Chapter 9 “Permits for Retailers of Tobacco Products” (Staff Contact: Ned Thomas, Planning Director, 408-586-3273)

Continued to Regular Meeting of April 4, 2023.
17 Item # C2.

March 7, 2023 Milpitas City Council Minutes Page 6

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE

17. Update on Street Sweeping Pilot Project Expansion (CIP #3455) (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Elaine Marshall, Deputy Public Works Director, (408) 586-2603)
Received a presentation on the options for expanding the Pilot Street Sweeping Program and supported staff’s recommendation to perform additional survey work and return to the Mayor and City Council to discuss next steps following completion of the surveys.

Deputy Public Works Director Marshall presented the report

There were the following public speakers:

1. Voltaire Montemayor
Deputy Public Works Director Marshall responded to questions from the City Council.

Mayor Montano asked staff to provide an update when the item returns on high traffic thoroughfare areas.

After discussion, motion: to receive the presentation on the options for expanding the Pilot Street Sweeping Program and support staff’s recommendation to perform additional survey work and return to the Mayor and City Council to discuss next steps following completion of the surveys

Motion/Second: Vice Mayor Chua / Councilmember Barbadillo Motion carried by the following:

AYES: Councilmembers, Lien, Phan, Vice Mayor Chua, Mayor Montano NOES: None.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Assistant City Manager Kantak announced the Milpitas Community Theatre production of Shrek March 9-12, 2023, and that the Mortgage Relief portion of the Rent and Mortgage Relief Program launched on March 6, 2023.

Mayor Montano announced she attended the recent Holi event hosted by Parks and Neighborhood Services and was invited to the International Women’s Celebration.

ADJOURNMENT
Mayor Montano adjourned the meeting at 8:26 PM

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

18 Item # C2.

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 3/15/2023

April 4, 2023 – Regular Meeting

CLOSED SESSION
 Labor Relations

INVOCATION (Councilmember Phan)

PRESENTATION
 Vietnamese American Heritage Month (Proclamation)
 National Public Safety Telecommunications Week (Proclamation)

CONSENT CALENDAR

1. Receive City Council calendar for April 2023 (City Clerk)

2. Approve City Council Meeting minutes of March 21, 2023 (City Clerk)

3. Preview list of items for April 18, 2023 (City Clerk)

4. Councilmember Request List (City Clerk)

5. AB 481 Presentation (Police)

COMMUNITY DEVELOPMENT

6. Milpitas Gateway / Main Street Plan – Preferred Alternative (Planning)

COMMUNITY SERVICES

7. Community Gardens Program Rules and Regulations Update (Recreation and Community Services)

PUBLIC HEARING

8. New Development (57 townhomes) at 612 South Main St. (Planning)

9. Tobacco Retail Permit (Planning)

PUBLIC SAFETY

LEADERSHIP

REPORTS
19 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 Look into purchasing a larger electronic billboard for Library Montano 2/7/2023
At the February 28, 2023 CIP Study Session,
the Council opted to discuss at the next
prioritization session in June 2023
2 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
This item will be discussed at the next
quarterly prioritization in June 2023
3 See if City Manager and staff could assist in finding a month and day to celebrate an International
Cultural Festival on Main Street Lien 2/7/2023
This item will be discussed at the next
quarterly prioritization in June 2023
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
4 Add lights to Gill Park for Nightime Usage Chua 2/21/2023 At the February 28, 2023 CIP Study Session,
Council asked for an inventory of parks with
types of lighting available.
5 Staff explore eliminating or waiving the fee for the
gym at the Milpitas Senior Center Chua 10/18/2022
Staff will evaluate this item consistent with
the Recreation and Community Service Cost
Recovery City Council Policy and bring it
back to Council for consideration as part of
approval of the FY 2023-24 Proposed Master
Fee Schedule.
6 Schedule an additional ADU workshop Chua 9/6/2022
Similar to last year, staff will support any
webinar hosted by a community partner.
7 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and
Adobe Montano 8/16/2022
Item brought forward as part of the City
Council additional workplan items
prioritization in February 2023. Mayor
Montano asked it come back after a survey of
residents was completed to determine
community support. At the February 28, 2023
CIP Study Session, Council asked staff to
ask the nearby community for their input on
other uses they would want for the property.
8 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
PD will present quarterly reports starting on
November 15, 2022.
9 Look into the impact of and how the City can
compensate for the massive number of layoffs in
the Bay Area. Staff consider how the City can help
residents affected by layoffs, reach out to those
affected and show them city programs. Chua 12/6/2022
Referred to Economic Development and
Trade Commission. Staff, in partnership with
NOVAworks, provided information about past
and upcoming layoffs, wage and labor data
as well as job and career resources available
to Milpitas residents and businesses at the
Economic Development and Trade
Commission meeting on January 9, 2023.

City staff is continuing to partner with
NOVAworks by promoting their upcoming
layoff assistance webinars to assist with
career transition and unemployment services
and resources. One webinar took place on
January 24 and other webinars are scheduled
to take plae on February 7 and 21.

OPEN ITEMS

ACTIVE ITEMS
NOTE: Deferred and Completed Items are not listed20
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:
10 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
Discussed at February 2023 Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move forward during
Prioritization Discussion on 2/7/23. At the
2/28/2023 CIP Study Session, Council
directed staff to include funding for a
feasibility analysis.
11 City Manager look into implementing a workshop for
small businesses on the bidding process for
projects in the city Chua 8/9/2022
Discussed at February 2023 Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move forward during
Prioritization Discussion on 2/7/23
Based on staff research, the best way to try
for a Historical District Designation is at the
National Level. This can be wrapped into the
approved CIP for the Historical Resources
Plan update or through grant consultant
California Consulting.

Request will be included with the Historic
Resources Master Plan project approved as
part of the 2023-2027 Capital Improvement
Program.
13 Request for Crossing Guards at McCandless and
Montague Expressway and review wages for
Crossing Guards Montano 4/5/2022
Info Memos were sent to the City Council on
6/13/2022 and 1/27/2023. At the January 31st
budget study session, Council voted to move
to a contract model; 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.

At the January 31, 2023 City Council budget
hearing, staff was directed to update the
City's Fiscal Policies to provide an option for
a portion of future surplus funding to be
reserved for real estate acquisition. Staff will
include this edit to the Fiscal Policies as part
of the Proposed Fiscal Year 2023‐2024
Operating Budget;
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
15 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
At the January 31 2023 City Council budget
hearing, City Council voted to consider this
item in the FY 2023‐24 budget development.;
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
14 Establish a SPAR fund modelled after the City of
Mountain View - sets asides moneys for
opportunities to buy real estate Montano 6/7/2022
12 Funding to hire a consultant for the Sunnyhills
Historical Designation on a state level Tran 6/7/2022
NOTE: Deferred and Completed Items are not listed21
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:

MMC V‐13‐140 Mandatory Plan to Prevent
Cart Removal includes requirement for
physical measures to prevent cart removal
however V‐13‐120 provides an exemption for
cart owner that agrees to enter into a contract
with a City‐designated retrieval service. Staff
suggestion to Council is to review this
exemption and repeal it which would require
all cart owners to have physical measures to
prevent cart removal. Business outreach was
conducted to grocery store operators in Q2 of
2022 to inquire about shopping cart removal
and theft. Grocery stores contacted were
Ocean Supermarket, Seafood City
Supermarket, Chung Chou City, Milpitas
Grocery Outlet, and 99 Ranch Market.

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
17 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking
areas Chua 4/5/2022
CAO conducting legal review of policies
requring businesses to hire security/install
cameras; 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
18 Create a plan for future solar paneling at City
facilities Montano 3/1/2022
As discussed with the City Council at the 1/31
/2023 Budget Study Sessio, staff will continue
to explore grant opportunities to
install additional solar panels on City
facilities. However, staff will only proceed with
further development if this grant funding is
identified so work (other than reviewing grant
opportunities) is on hold at this time.

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
No additional funds required to complete the
internal review. Internal review can be done
by late 2023.

Approved during Spring Quarterly City
Council Workplan Items Prioritization
Discussion on 5/03/2022.
20 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.
19 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 16 Explore the policy for locking mechanisms on
shopping carts for large commercial businesses Tran 4/19/2022 NOTE: Deferred and Completed Items are not listed22
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:
21 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
VTA is not responsive to requests from the
City to meet on this project. A discussion on
other locations or projects with Council may
be needed; 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
Requires legal analysis of 1:21-cv-07695-AT-
SLC DoorDash, Inc. v. city of New York and
3:21-cv-05502-EMC Doordash, Inc. et al v.

City and County of San Francsico. Doordash
v. NYC remains pending and may settle the
law on the matter. CAO will prepare
confidential memorandum for the Council.

Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward at the 5/03/2022
meeting
No additional funding needed. Need final
names from City Council.

Approved to move forward at the 1/11/2022
Council meeting; Staff engaged the artist of
the existing mural regarding this Council
approved item.
24 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
Maria Lemery is to be included on the Senior
Center Mural. It's not an actual "bust"
Approved to move forward at the 1/11/2022
Council meeting; Staff engaged the artist of
the existing mural regarding this Council
approved item.

Funding for Senior Center hours will be
incorporated in the FY23‐24 budget
This three-month pilot was kicked off on
Saturday Sept. 10. Per the Information
Memorandum issued on Nov. 22, 2022, due
to the success of the Saturday Day hours, the
pilot will be extended for the remainder of the
current Fiscal Year.

Monies budgeted. Roller Rink bids coming
back end of Feb/early March. Event schedule
for August 4 & 5, 2023.

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
26 Look into opening up the Senior Center on
Saturdays for half a day Chua 8/5/2021
27 Look into bringing back a roller rink Montano 8/5/2021 23 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
25 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
22 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
NOTE: Deferred and Completed Items are not listed23
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:
28 Staff to create a plan on how to increase the
number of local businesses doing business with the
City Chua 4/6/2021
Staff is tracking this local business
participation item as part of Council Priority
Item 3 in Group 1 on this list; 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.
29 Staff to provide information on a landmark policy for the City of Milpitas Tran 3/16/2021
This is part of the CIP for updating the
Historic and Cultural Resources Plan;
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.

See update to item titled "Request for the City
to make the temporary third-party food deliver
fee caps permanent and add additional
provisions for enforcement"
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.
31 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.
32 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.
30 Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan 2/16/2021
NOTE: Deferred and Completed Items are not listed24
Item # C4.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Consider Recommendations from Mayor Montano for Removal from and Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024) Category: Consent Calendar-Leadership and Support Services Meeting Date: 3/21/2023
Recommendation: Receive Mayor Montano's recommendations and approve one removal from the Community Advisory Commission; approve recommendations from the Mayor for appointments to City Commissions; and direct the City Clerk to post the notice of unscheduled vacancy.

Background:

The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members appointed by the Mayor and confirmed by the City Council. The Commissions advise the Milpitas elected officials on a variety of community interest and policy areas.

Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are provided to the Mayor for her consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.

Current Commissioners may seek to be reappointed upon the expiration of their current term, but reappointment to a new term is not automatic. Those Commissioners seeking reappointment must contact the City Clerk and the Mayor to convey their request. Re-appointment must be recommended by the Mayor and confirmed by the City Council.

Analysis:

Mayor Montano is making the following recommendations for appointment:

Community Advisory Commission:

1. Remove Monica Rodriguez as commissioner from a seat with an unexpired term ending January 2024.

2. Appoint Elizabeth Ashley as a non-voting student member with a term ending January 2026.

Economic Development and Trade Commission:

1. Appoint Conrad Shapira as Alternate no. 1 with an unexpired term ending April 2024.

2. Appoint Michael Nguyen as Alternate no. 2 with an unexpired term ending April 2026.

Library and Education Advisory Commission:

1. Appoint Yunha Park as a non-voting student member with an unexpired term ending June 2026.

Parks, Recreation, and Cultural Resources Commission:

1. Appoint Jimmy Minh Duc Nguyen as a non-voting student member with a term ending June 2026.

Senior Advisory Commission:

1. Appoint Sai Anish as a non-voting student member with an unexpired term ending December 2025.

All recommended Commissioner appointments have been reviewed and confirmed by the City Clerk’s office.

25 Item # C5.

By state law, a Notice of an Unscheduled Vacancy must be posted by the City Clerk to advertise the vacant Commission seat. Final appointment to the board, commission, or committee for the Unscheduled Vacancy shall not be made by the legislative body for at least ten working days after the posting of the notice in the Clerk’s office. The notice of the unscheduled vacancy for the Community Advisory Commission will be posted Wednesday, March 22, 2023.

Fiscal Impact:

There is no fiscal impact associated with this item.

Recommendation:

Receive Mayor Montano's recommendations and approve one removal from the Community Advisory Commission; approve recommendations from the Mayor for appointments to City Commissions; and direct the City Clerk to post the notice of unscheduled vacancy.

Attachments:

1. Applications for Appointments
26 Item # C5.
27 Item # C5.
28 Item # C5.
29 Item # C5.
30 Item # C5.
31 Item # C5.
32 Item # C5.
33 Item # C5.

Appointments to Commissions or Committees are made by the Mayor with the concurrence of the City Council. Applications not acted upon will expire after one year from the date submitted unless renewed by the applicant. Once submitted, your application will be submitted to the City Clerk.

NOTE: ALL COMMISSION APPLICATIONS ARE PUBLIC RECORD
34 Item # C5.
35 Item # C5.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to DeSilva Gates Construction for Street Resurfacing Project No. 4283, 4303, 4304; and Approve Budget Change Form (Staff Contact:

Steve Chan, Interim Engineering Director/City Engineer 408-586-3324) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 3/21/2023
Recommendation: Adopt a resolution to approve project plans & specifications; award the construction contract to the lowest responsible, and responsive bidder, DeSilva Gates Construction, in the amount of $3,262,139.00 for the Street Resurfacing Project No. 4283, 4303, 4304; Authorize the City Manager to execute the construction contract with DeSilva Gates Construction; Authorize the Engineering Director/City Engineer to negotiate and execute Contract Change Order(s) in an aggregate amount not to exceed $652,427.80 for the project; and Approve the Budget Change Form to appropriate funding for CP 4303 and CP 4304.

BACKGROUND:

Project No. 4283, 4303, 4304, Street Resurfacing Project 2023 is in the City Council approved 2023-2027 Capital Improvement Program. The Project provides for the design and construction of localized repair of asphalt concrete pavement, resurface asphalt concrete pavement, install Americans with Disabilities Act (ADA) compliant curb ramps, repair damaged concrete sidewalk, driveways, or curb & gutter, install Rectangular Rapid Flashing Beacons (RRFBs), install class II bike lanes, and reinstall pavement delineation.

Project No’s. 4283, 4303, 4304 provided funding for the design of the 2024 Street Resurfacing Project, and the Plans and Specifications for construction are complete and now ready for City Council approval. The following streets are included in the Street Resurfacing 2023 Project and will receive pavement and concrete repairs during the Spring/Summer 2023 construction season:
 N Park Victoria Drive from Bolton Drive to Jacklin Road,  Dempsey Road from Yosemite Drive to S. Park Victoria Drive,  Kennedy Drive from N. Park Victoria Drive to Fanyon Street,  the entire lengths of:
o Bolton Drive, Churchill Drive, Wellington Drive, Stratford Drive, Devon Place, Sussex Place, Kirkwall Place, Stirling Drive, London Drive, Hastings Drive, Inverness Drive, Berkshire Place, Baron Place, Wessex Place, Canterbury Place, Cardiff Place, Ann Place, Princess Place, Hampton Court, Carson Way, El Camion Higuera, Zamora Court, Nicklaus Avenue, Berg Court, Ranklin Drive, Creed Street, Dempsey Way, Selwyn Drive, Shirley Drive, and Edsel Drive  and Mt Shasta Avenue from Dempsey Road to S Park Victoria Drive (Atlernate Bid Item)

The complete full-size set of plans and specifications are available for review in the office of the City Engineer.

ANALYSIS:

The City has a Pavement Condition Index (PCI) rating of 72, “Good Condition”. The project streets are selected based on the recommendations from the Metropolitan Transportation Commission (MTC) Pavement Management Program to maintain and improve the overall city pavement condition. The project was advertised on January 27, 2023 in the Milpitas Post and on digital construction trade publications. Bid opening was on 36 Item # C6.

February 21, 2023 and 4 sealed bid proposals were received. The basis for awarding contract is on the Total Base Bid. Alternate Bid item, if selected, shall be at the time of Total Base Bid award.

The lowest responsible and responsive bidder based on Total Base Bid alone is DeSilva Gates Construction, in the amount of $2,886,000.00, and the project total is $3,262,139.00 with the addition of the Alternate Bid item.

Since bid proposals came in under the Engineer’s estimate, the Alternate Bid item is recommended to be awarded with the Total Base bid. The alternate bid item is to resurface asphalt concrete pavement, install Americans with Disabilities Act (ADA) compliant curb ramps, repair damaged concrete sidewalk, or curb & gutter, and reinstall pavement delineation on the following street:

 Mt. Shasta Avenue from Dempsey Road to S. Park Victoria Drive

No bid protests were filed with the City in regard to this project.

The City Engineer’s Estimate for the Project was approximately $4,190,576.25 for Total Base Bid and Alternate Bid item, and the following is a tabulation of bidders and bids received. The bid result tabulation is included as (Attachment 3).

Bidder Base Bid Alternate Bid
Item
Total Base Bid +
Alternate Bid Item
DeSilva Gates Construction LLC (Lowest) $2,886,000.00 $376,139.00 $3,262,139.00 Radius Earthwork Inc $2,927,700.00 $567,700.00 $3,495,400.00 O’Grady Paving, Inc $2,979,247.20 $358,202.00 $3,337,449.20 Joseph J. Albanese $3,178,636.00 $474,907.00 $3,653,543.00

Total Base Bid pricing received varies between 10%-19% under the Engineer’s Estimate. The range of variation in bid pricing from the Engineer’s Estimate is likely due to the current construction market where contractors are hungry for work due to recovery from the pandemic.

The Contractor, DeSilva Gates Construction, is deemed the lowest responsible and responsive bidder. Staff recommends City Council adopt a Resolution (Attachment 2) to award a construction contract for the base bid including the alternate bid item for a total contract amount of $3,262,139.00.

Staff recommends a construction contingency amount of $652,427.80 (20%) of the awarded contract amount.

The construction contingency will allow for a timely completion of the Project, while addressing the need to respond swiftly to construction conditions, potential supply chain delays, and approve necessary change orders in order to limit potential claims or risks to the City. Staff also recommends authorizing the Engineering Director/City Engineer to negotiate and execute any contract change orders in an aggregate amount not to exceed $652,427.80. The change order authority will not exceed this amount, and the Project would not require additional appropriation. The project is anticipated to be completed by November 2023.

Budget Change
California State Bill 1 Road Maintenance and Rehabilitation Account (SB1 RMRA) Funding SB1 RMRA was signed into law in April 2017 to address statewide transportation infrastructure maintenance funding shortfalls. The distribution of SB1 RMRA funds to local jurisdictions for road maintenance is based on a population formula. The City received an increase in the allocated amount for California State Bill 1 Road Maintenance and Rehabilitation Account (SB1 RMRA) funds, and staff requests budget appropriation of these funds for projects.

used for projects. Staff is requesting a budget appropriation of $37,276.12 in SB1 funding of CP4303 to account for the ($9,910.37) difference in projected allocation compared to the actual allocation received, and the $47,186.49 interest accrued to CP 4303 to capture all available funding for project expenditures. The current SB1 funding estimate for fiscal year 2022-2023 is $1,778,739 while the adopted budget is $1,444,414.

Staff is requesting a budget appropriation of $334,325 to CP4304 to capture all eligible expenditures that may be used towards these funds.

The approval of a Budget Change (Attachment 4) amending the budgets for Project No.’s 4303 and 4304 to match the SB1 allocations received is recommended. The alignment of Project budgets showing the actual grant funding received is required for use of the funding and in order to qualify all Project expenditures for reimbursement.

The following is a summary of the requested Budget Appropriations for the Project:

Project No. 4303

Current Adopted
Budget
Proposed Budget
Increase/(Decrease)
Proposed Budget Total
SB1 RMRA $1,567,170 $37,276.12 $1,604,446.12
Measure B $1,877,344 - $1,877,344
Vehicle Registration
Fee
$764,432 - $764,432
Gas Tax $91,054 - $91,054
Total $4,300,000 $37,276.12 $4,337,276.12

Project No. 4304

Current Adopted
Budget
Proposed Budget
Increase/(Decrease)
Proposed Budget Total
SB1 RMRA $1,444,414 $334,325 $1,778,739
Measure B $1,677,560 - $1,677,560
Vehicle Registration
Fee
$500,000 - $500,000
Gas Tax $378,026 - $378,026
Total $4,000,000 $334,325 $4,334,325

POLICY ALTERNATIVE(S):

Alternative 1:

Deny approval of project plans and specifications, award of the construction contract, of the requested budget change
Pros: None.

Cons: A denial would cause delay in awarding this Project and in completing the needed annual repairs and rehabilitation of the City’s roadways.

Reason for Not Recommending: A delay in the award this construction contract will delay project completion, prolong construction activities into rainy season and may potentially results in higher total construction cost, and loss of grant funding.

FISCAL IMPACT:

Click or tap here to enter text. Adequate funds are available in the budgets for Project No.’s 4283, 4303, and 4304 to construct this project, and no additional funding is required. The approval of a Budget Change (Attachment 4) amending the budgets for Project No.’s 4303 and 4304 to match the SB1 allocations received is recommended. The alignment of Project budgets showing the actual grant funding received is required for use of the funding and in order to qualify all Project expenditures for reimbursement.

Available funding for the Project upon approval of attached budget change and resolution:

Project No. 4283 $133,122.00
Project No. 4303 $1,481,060.43
Project No. 4304 $ 3,919,325.00 38
Item # C6.

Total Balance Available $5,533,507.43

Summary of Estimated Construction Cost:

CONTRACTOR $3,262,139.00
20% Contingency $652,427.80
Total $3,914,566.80

California Environmental Quality Act (CEQA):

The project is exempt under Section 15301 (Existing Facilities) of the CEQA guidelines. A Notice of Exemption (NOE) was filed with the County of Santa Clara on January 31,2023.

RECOMMENDATION:

Adopt a resolution to:

1. Approve Project Plans and Specifications;

2. Award the Construction Contract to the Lowest Responsible, and Responsive Bidder, DeSilva Gates Construction, in the amount of $3,626,139.00 for the Street Resurfacing 2023 Project, Project No.’s 4283, 4303, and 4304

3. Authorize the City Manager to Execute the Construction Contract with DeSilva Gates Construction.

4. Authorize the Engineering Director/City Engineer to Negotiate and Execute Contract Change Order(s) in an Aggregate Amount Not to Exceed $652,427.80 for the project.

5. Approve the Budget Change Form to Appropriate Funding for CP 4303 and 4304.

Attachment(s):

Attachment 1 – Project Plan Title Sheet
Attachment 2 – Resolution
Attachment 3 – Bid Tabulation
Attachment 4 – Budget Change Form
Attachment 5 – Construction Change Order Policy

39 Item # C6.

Revisions
STREET RESURFACING 2023
PROJECT NO. 4283, 4303, 4304
Record Drawings
4304

CALIFORNIA
JANUARY 26, 1954
OF
TY
C
I

INCORPORATED
ITAS
LMI P
1-12-2023
40 Item # C6.

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING THE

PROJECT PLANS AND SPECIFICATIONS, AWARDING THE CONSTRUCTION CONTRACT

TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, DESILVA GATES CONSTRUCTION LLC, IN THE AMOUNT OF $3,262,139.00 FOR THE STREET RESURFACING PROJECT 2023, CITY PROJECT NO. 4283, 4303 & 4304; AUTHORIZING

THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT WITH DESILVA GATES CONSTRUCTION; AUTHORIZING THE ENGINEERING DIRECTOR/CITY

ENGINEER TO NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDER(S) IN AN AGGREGATE AMOUNT NOT TO EXCEED $652,427.80 FOR THE PROJECT; AND APPROVE THE BUDGET CHANGE FORM TO APPROPRIATE FUNDING FOR CP 4303 AND 4304

WHEREAS, Street Resurfacing Project 2023, City Project No. 4283, 4303, 4304 (collectively referred to herein as the “Project”) , which will include localized repair of asphalt concrete pavement, resurface asphalt concrete pavement, install ADA compliant curb ramps, repair damaged concrete sidewalk, repair curb & gutter, install new class II bike lanes, reinstall pavement delineation, and install Rectangular Rapid Flashing Beacons at the following locations:
 N Park Victoria Drive from Bolton Drive to Jacklin Road,  Dempsey Road from Yosemite Drive to S. Park Victoria Drive,  Kennedy Drive from N. Park Victoria Drive to Fanyon Street,  the entirety of: Bolton Drive, Churchill Drive, Wellington Drive, Stratford Drive, Devon Place, Sussex Place, Kirkwall Place, Stirling Drive, London Drive, Hastings Drive, Inverness Drive, Berkshire Place, Baron Place, Wessex Place, Canterbury Place, Cardiff Place, Ann Place, Princess Place, Hampton Court, Carson Way, El Camion Higuera, Zamora Court, Nicklaus Avenue, Berg Court, Ranklin Drive, Creed Street, Dempsey Way, Selwyn Drive, Shirley Drive, and Edsel Drive,

 and Mt Shasta Avenue from Dempsey Road to S Park Victoria Drive (Alternate Bid Item).

WHEREAS, the Engineer’s Estimate for the base bid Project work is $3,564,336.25; and

WHEREAS, on February 21, 2023, 4 sealed bid proposals were received. The bid pricing ranged from $2,886,000.00 to $3,178,636.00. The lowest responsible bidder submitting a responsive bid is DeSilva Gates Construction LLC, in the amount of $2,886,000.00; and

WHEREAS, the bid package included one add alternate item for consideration of submitted pricing after bid opening , which will include localized repair of asphalt concrete pavement, resurface asphalt concrete pavement, install ADA compliant curb ramps, repair damaged concrete sidewalk, repair curb & gutter, and reinstall pavement delineation,. The City may choose to award the project with or without the alternate bid item; and

WHEREAS, staff recommends adding all alternate bid items in the amount of $376,139.00 to the lowest responsible bidder, bringing the total construction contract to $3,262,139.00; and

WHEREAS, no bid protest was filed with the City within five (5) days of the bid opening as set forth in the Project specifications; and

WHEREAS, sufficient funds to award the Project are available in the Project budget; and

41 Item # C6.
2 Resolution No. ____

WHEREAS, staff recommends the City Council approve the project plans and specifications; and

WHEREAS, staff recommends the City Council award a construction contract to DeSilva Gates Construction LLC, the lowest responsible and responsive bidder for the Project, and authorize the Cit y Manager to execute a contract in the amount of $3,262,139.00 for the Street Resurfacing Project 2023, Project No. 4283, 4303 & 4304; and

WHEREAS, staff recommends the City Council authorize the Director of Engineering/City Engineer to negotiate and execute change order(s) in an amount not to exceed $652,427.80, twenty percent (20%) of the total contract value , due to the Project’s tight completion s chedule and staff’s capability to respond swiftly to unanticipated construction conditions to limit potential claims or risk to the City; and

WHEREAS, staff recommends the City Council approve the budget change form to appropriate funding for CP 4303 and 4304.

NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

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

2. The City Council hereby approves the projects plans and specifications.

3. The City Council hereby awards the construction contract to and authorizes the City Manager to execute the contract and related docume nts with the lowest responsible and responsive bidder, DeSilva Gates Construction LLC, in the amount of $ 3,262,139.00 for the Street Resurfacing Project 2023, City Project No. 4283, 4303 & 4304.

4. The City Manager is hereby authorized to execute the construction contract with DeSilva Gates Construction LLC for the Project.

5. The Director of Engineering/City Engineer is hereby authorized to negotiate and execute contract change order(s) in an aggregate amount not to exceed $652,427.80 for the Project.

6. The City Council hereby approves the budget change form to appropriate funding for CP 4303 & 4304.

PASSED AND ADOPTED this ____ day of March, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

42 Item # C6.
3 Resolution No. ____

_____________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

_____________________________
Michael Mutalipassi, City Attorney

43 Item # C6.

Lowest Apparrent Highest Apparent
TOTALS

ITEM NO ITEM DESCRIPTION UNIT TOTAL
QUANTITY Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization (10% Max) LS 1 280,000.00$ 280,000.00$ 109,472.90$ 109,472.90$ 150,000.00$ 150,000.00$ 205,000.00$ 205,000.00$ 2 Neighborhood Notification LS 1 10,000.00$ 10,000.00$ 7,000.00$ 7,000.00$ 5,000.00$ 5,000.00$ 25,000.00$ 25,000.00$ 3 Traffic Control LS 1 226,219.00$ 226,219.00$ 275,000.00$ 275,000.00$ 350,000.00$ 350,000.00$ 230,000.00$ 230,000.00$ 4 Monument Referencing (incl. Pre-Construction and Post Construction) LS 1 80,000.00$ 80,000.00$ 115,000.00$ 115,000.00$ 20,000.00$ 20,000.00$ 120,000.00$ 120,000.00$ 5 Water Pollution Control Program (WPCP) LS 1 15,000.00$ 15,000.00$ 2,500.00$ 2,500.00$ 5,000.00$ 5,000.00$ 15,000.00$ 15,000.00$ 6 Hot Mix Asphalt TON 3,425 125.00$ 428,125.00$ 128.00$ 438,400.00$ 130.00$ 445,250.00$ 155.00$ 530,875.00$ 7 Hot Mix Asphalt (Speed Hump) SF 804 10.00$ 8,040.00$ 12.50$ 10,050.00$ 19.00$ 15,276.00$ 6.00$ 4,824.00$ 8 Microsurfacing SY 98,300 3.80$ 373,540.00$ 4.75$ 466,925.00$ 4.50$ 442,350.00$ 4.25$ 417,775.00$ 9 Base Repair (3" Thick) (Includes 10% Contingency) SF 78,170 4.00$ 312,680.00$ 4.32$ 337,694.40$ 4.10$ 320,497.00$ 4.40$ 343,948.00$ 10 Recompact Aggregate Base SF 41,400 0.15$ 6,210.00$ 0.50$ 20,700.00$ 0.25$ 10,350.00$ 0.35$ 14,490.00$ 11 Asphalt Concrete Grinding (2") SY 23,500 4.00$ 94,000.00$ 3.61$ 84,835.00$ 4.60$ 108,100.00$ 4.75$ 111,625.00$ 12 Not Used SY - -$ -$ -$ -$ 13 Asphalt Concrete Grinding (3") SY 4,600 8.00$ 36,800.00$ 5.94$ 27,324.00$ 6.90$ 31,740.00$ 8.00$ 36,800.00$ 14 Install Curb Ramp (Case A, C, CH, and Custom) EA 69 5,500.00$ 379,500.00$ 5,250.00$ 362,250.00$ 5,800.00$ 400,200.00$ 6,000.00$ 414,000.00$ 15 Curb & Gutter Removal and Replacement (Beyond Ramp Limits) LF 384 85.00$ 32,640.00$ 80.50$ 30,912.00$ 90.00$ 34,560.00$ 95.00$ 36,480.00$ 16 Sidewalk Removal and Replacement SF 1,862 20.00$ 37,240.00$ 12.50$ 23,275.00$ 22.00$ 40,964.00$ 26.00$ 48,412.00$ 17 Driveway Removal and Replacement SF 1,399 25.00$ 34,975.00$ 25.00$ 34,975.00$ 27.00$ 37,773.00$ 26.00$ 36,374.00$ 18 Park Strip Removal and Replacement SF 2,487 20.00$ 49,740.00$ 20.00$ 49,740.00$ 22.00$ 54,714.00$ 25.00$ 62,175.00$ 19 Adjust Valve Cover to Grade EA 50 850.00$ 42,500.00$ 990.00$ 49,500.00$ 700.00$ 35,000.00$ 950.00$ 47,500.00$ 20 Adjust Manhole to Grade EA 48 1,200.00$ 57,600.00$ 1,200.00$ 57,600.00$ 1,000.00$ 48,000.00$ 1,350.00$ 64,800.00$ 21 Utility Cover Replacement EA 14 225.00$ 3,150.00$ 350.00$ 4,900.00$ 800.00$ 11,200.00$ 250.00$ 3,500.00$ 22 Manhole Pavement Repair EA 10 1,200.00$ 12,000.00$ 625.00$ 6,250.00$ 1,500.00$ 15,000.00$ 1,350.00$ 13,500.00$ 23 Traffic Line (Detail 1) LF 1,322 2.00$ 2,644.00$ 2.20$ 2,908.40$ 3.00$ 3,966.00$ 3.00$ 3,966.00$ 24 Traffic Line (Detail 8) LF 302 2.00$ 604.00$ 2.20$ 664.40$ 3.00$ 906.00$ 3.00$ 906.00$ 25 Traffic Line (Detail 21) LF 9,086 4.00$ 36,344.00$ 4.40$ 39,978.40$ 4.50$ 40,887.00$ 4.50$ 40,887.00$ 26 Traffic Line (Detail 31) LF 3,073 8.00$ 24,584.00$ 9.20$ 28,271.60$ 9.00$ 27,657.00$ 9.00$ 27,657.00$ 27 Traffic Line (Detail 38A) LF 405 3.00$ 1,215.00$ 2.88$ 1,166.40$ 3.00$ 1,215.00$ 3.00$ 1,215.00$ 28 Traffic Line (Detail 39) LF 23,958 2.00$ 47,916.00$ 2.30$ 55,103.40$ 2.20$ 52,707.60$ 2.00$ 47,916.00$ 29 Traffic Line (Detail 39A) LF 4,223 2.00$ 8,446.00$ 2.30$ 9,712.90$ 2.20$ 9,290.60$ 2.00$ 8,446.00$ 30 Pavement Marking (White) SF 6,694 8.00$ 53,552.00$ 9.20$ 61,584.80$ 9.00$ 60,246.00$ 9.00$ 60,246.00$ 31 Pavement Marking (Yellow) SF 1,904 8.00$ 15,232.00$ 9.20$ 17,516.80$ 9.00$ 17,136.00$ 9.00$ 17,136.00$ 32 Pavement Marking (Green) SF 8,456 12.00$ 101,472.00$ 13.80$ 116,692.80$ 13.00$ 109,928.00$ 13.00$ 109,928.00$ 33 Paint Curb LF 1,982 6.00$ 11,892.00$ 6.90$ 13,675.80$ 7.00$ 13,874.00$ 7.00$ 13,874.00$ 34 Blue Reflective Raised Pavement Marker EA 64 35.00$ 2,240.00$ 40.25$ 2,576.00$ 40.00$ 2,560.00$ 39.00$ 2,496.00$ 35 Roadside Sign and Post EA 18 500.00$ 9,000.00$ 570.00$ 10,260.00$ 500.00$ 9,000.00$ 550.00$ 9,900.00$ 36 Roadside Sign EA 23 300.00$ 6,900.00$ 295.00$ 6,785.00$ 300.00$ 6,900.00$ 295.00$ 6,785.00$ 37 Portable Changeable Message Signs EA 6 2,500.00$ 15,000.00$ 2,500.00$ 15,000.00$ 2,000.00$ 12,000.00$ 2,200.00$ 13,200.00$ 38 RRFB System EA 1 29,000.00$ 29,000.00$ 31,500.00$ 31,500.00$ 30,000.00$ 30,000.00$ 32,000.00$ 32,000.00$ 1 Mobilization (10% Max) LS 1 37,000.00$ 37,000.00$ 60,163.10$ 60,163.10$ 5,000.00$ 5,000.00$ 25,000.00$ 25,000.00$ 2 Neighborhood Notification LS 1 2,000.00$ 2,000.00$ 7,500.00$ 7,500.00$ 1,000.00$ 1,000.00$ 5,000.00$ 5,000.00$ 3 Traffic Control LS 1 24,000.00$ 24,000.00$ 37,500.00$ 37,500.00$ 30,000.00$ 30,000.00$ 25,000.00$ 25,000.00$ 4 Monument Referencing (incl. Pre-Construction and Post Construction) LS 1 4,600.00$ 4,600.00$ 7,000.00$ 7,000.00$ 5,000.00$ 5,000.00$ 8,000.00$ 8,000.00$ 5 Water Pollution Control Program (WPCP) LS 1 3,000.00$ 3,000.00$ 3,000.00$ 3,000.00$ 2,000.00$ 2,000.00$ 6,000.00$ 6,000.00$ 6 Hot Mix Asphalt TON 975 120.00$ 117,000.00$ 160.00$ 156,000.00$ 130.00$ 126,750.00$ 155.00$ 151,125.00$ 7 Recompact Aggregate Base SF 52,200 0.30$ 15,660.00$ 0.50$ 26,100.00$ 0.25$ 13,050.00$ 0.30$ 15,660.00$ 8 Asphalt Concrete Grinding (2.5") SY 5,800 6.00$ 34,800.00$ 9.00$ 52,200.00$ 5.70$ 33,060.00$ 8.00$ 46,400.00$ 9 Install Curb Ramp (Case A, C, CH, and Custom) EA 16 5,500.00$ 88,000.00$ 9,000.00$ 144,000.00$ 5,800.00$ 92,800.00$ 8,300.00$ 132,800.00$ 10 Sidewalk Removal and Replacement SF 60 20.00$ 1,200.00$ 50.00$ 3,000.00$ 22.00$ 1,320.00$ 35.00$ 2,100.00$ 11 Adjust Valve Cover to Grade EA 18 850.00$ 15,300.00$ 1,500.00$ 27,000.00$ 700.00$ 12,600.00$ 1,000.00$ 18,000.00$ 12 Adjust Manhole to Grade EA 8 1,200.00$ 9,600.00$ 2,000.00$ 16,000.00$ 1,000.00$ 8,000.00$ 1,400.00$ 11,200.00$ 13 Traffic Line (Detail 21) LF 500 4.00$ 2,000.00$ 4.40$ 2,200.00$ 5.00$ 2,500.00$ 5.00$ 2,500.00$ 14 Pavement Marking (White) SF 2,053 8.00$ 16,424.00$ 8.80$ 18,066.40$ 9.00$ 18,477.00$ 9.00$ 18,477.00$ 15 Paint Curb LF 75 6.00$ 450.00$ 6.60$ 495.00$ 7.00$ 525.00$ 7.00$ 525.00$ 16 Blue Reflective Raised Pavement Marker EA 3 35.00$ 105.00$ 38.50$ 115.50$ 40.00$ 120.00$ 40.00$ 120.00$ 17 Roadside Sign and Post EA 8 500.00$ 4,000.00$ 545.00$ 4,360.00$ 500.00$ 4,000.00$ 600.00$ 4,800.00$ 18 Portable Changeable Message Signs EA 1 1,000.00$ 1,000.00$ 3,000.00$ 3,000.00$ 2,000.00$ 2,000.00$ 2,200.00$ 2,200.00$ Electrical
Roadside Sign
Microsurfacing
Adjust Iron
Minor Concrete
Striping
Milling/Grinding
Tack Oil
Surveying
Total Base + Add Alternative 3,495,400.00$ 3,337,449.20$ 3,653,543.00$ Total Add Alternative 376,139.00$ 567,700.00$ 358,202.00$ 474,907.00$ Total Base Bid 2,886,000.00$ 2,927,700.00$ 2,979,247.20$ 3,178,636.00$ Cunha
Kent Oil
Chrisp
ABSL Construction
Rosas Bros
Chrisp Chrisp Chrisp
JCC Inc
Jalos Construction Rosas Rosas
Bond Blacktop
Johnson Construction Co
Farwest Safety Inc
Bond Blacktop Bond Blacktop Graham

SUBCONTRACTORS
3,262,139.00$
Bear Electric Bear Electric Bear Electric Bear Electric Radius Earthwork Inc O'Grady Paving Inc Joseph J. Albanese CITY OF MILPITAS STREET RESURFACING 2023
CITY PROJECT NO. 4283 & 4303 & 4304
Bid Results from 02/21/2023 Bid Opening @ 2:00pm
BID ITEMS DeSilva Gates Construction
44 Item # C6.

City of Milpitas, California

BUDGET CHANGE FORM

From To
Type of Change

Account

Amount

Account

Amount
Check one:

Budget Appropriation

Budget Transfer

225-2909
311-951430374800

225-2909
311-951430474800

$37,276.12
$37,276.12

$334,325
$334,325

225-3939
311-9514303153849

225-3939
311-9514304153849

$37,276.12
$37,276.12

$334,325
$334,325

Adopt a resolution to approve project plans & specifications, award the construction contract to the lowest responsible, and responsive bidder, DeSilva Gates Construction, in the amount of $3,262,139.00 for the Street Resurfacing Project No. 4283, 4303, 4304, authorize the City Manager to execute the construction contract with DeSilva Gates Construction, authorize the Engineering Director/City Engineer to negotiate and execute contract change order(s) in an aggregate amount not to exceed $652,427.80 for the project, and approve the budget change form to appropriate funding for CP 4303 and CP 4304.

BACKGROUND:

N Park Victoria Drive from Bolton Drive to Jacklin Road, Dempsey Road from Yosemite Drive to S. Park Victoria Drive, Kennedy Drive from N. Park Victoria Drive to Fanyon Street, the entire lengths of:

Bolton Drive, Churchill Drive, Wellington Drive, Stratford Drive, Devon Place, Sussex Place, Kirkwall Place, Stirling Drive, London Drive, Hastings Drive, Inverness Drive, Berkshire Place, Baron Place, Wessex Place, Canterbury Place, Cardiff Place, Ann Place, Princess Place, Hampton Court, Carson Way, El Camion Higuera, Zamora Court, Nicklaus Avenue, Berg Court, Ranklin Drive, Creed Street, Dempsey Way, Selwyn Drive, Shirley Drive, and Edsel Drive, and Mt Shasta Avenue from Dempsey Road to S Park Victoria Drive (Alternate Bid Item) .

The Engineer’s Construction Estimate for the project including the alternate bid item was approximately $4,190,576.25, and the Project Plan title sheet (Attachment 1) is included in the Council’s agenda packet. The complete full-size set of plans and specifications are available for review in the office of the City Engineer.

ANALYSIS:

The project was advertised on January 27, 2023, in the Milpitas Post and on digital construction trade publications. Bid opening was on February 21, 2023, and 4 sealed bid proposals were received. The basis for awarding contract is on the Total Base Bid. Alternate Bid item, if selected, shall be at the time of Total Base Bid award. 45 Item # C6.

Mt. Shasta Avenue from Dempsey Road to S. Park Victoria Drive

No bid protests were filed with the City in regards to this project.

Staff recommends a construction contingency amount of $652,427.80 (20%) of the awarded contract amount. The construction contingency will allow for a timely completion of the Project, while address ing the need to respond swiftly to construction conditions and approve necessary change orders in order to limit potential claims or risks to the City. Staff also recommends authorizing the Engineering Director/City Engineer to negotiate and execute any co ntract change orders in an aggregate amount not to exceed $652,427.80. The change order authority will not exceed this amount, and the Project would not require additional appropriation.

The currently adopted fiscal year 2021-2022 SB1 funding for CP4303 is $1,567,170. The actual SB1 funding received for fiscal year 2021-2022 was $1,557,259.63 with interest accrued of $17,634.53. There was also interest accrued in fiscal year 2019-2020 in the amount of $29,551.96 that was not appropriated but could be used for projects. Staff is requesting a budget appropriation of $37,276.12 in SB1 funding of CP4303 to account for the ($9,910.37) difference in projected allocation compared to the actual allocation received, and the $47,186.49 interest accrued to CP 4303 to capture all available funding for project expenditures. The current SB1 funding estimate for fiscal year 2022 -2023 is $1,778,739 while the adopted budget is $1,444,414. Staff is requesting a budget appropr iation of $334,325 to CP4304 to capture all eligible expenditures that may be used towards these funds.

The approval of a Budget Change (Attachment 4) amending the budgets for Project No.’s 4303 and 4304 to match the SB1 allocations received is recommended. The alignment of Project budgets showing the actual grant funding received is required for use of the funding and to qualify all Project expenditures for reimbursement.

46 Item # C6.

The following is a summary of the requested Budget Appropriations for the Project:

Project No. 4303

Current Adopted
Budget
Proposed Budget
Increase/(Decrease)
Proposed Budget Total
SB1 RMRA $1,567,170 $37,276.12 $1,604,446.12
Measure B $1,877,344 - $1,877,344
Vehicle Registration Fee $764,432 - $764,432
Gas Tax $91,054 - $91,054
Total $4,300,000 $37,276.12 $4,337,276.12

Project No. 4304

Current Adopted
Budget
Proposed Budget
Increase/(Decrease)
Proposed Budget Total
SB1 RMRA $1,444,414 $334,325 $1,778,739
Measure B $1,677,560 - $1,677,560
Vehicle Registration Fee $500,000 - $500,000
Gas Tax $378,026 - $378,026
Total $4,000,000 $334,325 $4,334,325

POLICY ALTERNATIVE(S):

Alternative 1:

Deny approval of project plans and specifications, award of the construction contract, of the requested budget change Pros: None.

Cons: A denial would cause delay in awarding this Project and in completing the needed annual repairs and rehabilitation of the City’s roadways.

FISCAL IMPACT:

Adequate funds are available in the budgets for Project No.’s 4283, 4303, and 4304 to construct this project, and no additional funding is required. The approval of a Budget Change (Attachment 4) amending the budgets for Project No.’s 4303 and 4304 to match the SB1 allocations received is recommended. The alignment of Project budgets showing the actual grant funding received is required for use of the funding and to qualify all Project expenditures for reimbursement.

Available funding for the Project upon approval of attached budget change and resolution:

Project No. 4283 $133,122.00
Project No. 4303 $1,481,060.43
Project No. 4304 $ 3,919,325.00
Total Balance Available $5,533,507.43

Summary of Estimated Construction Cost:

CONTRACTOR $3,262,139.00
20% Contingency $652,427.80
Total $3,914,566.80

California Environmental Quality Act (CEQA):

The project is exempt under Section 15301 (Existing Facilities) of the CEQA guidelines. A Notice of Exemption (NOE) was filed with the County of Santa Clara on January 31,2023.

RECOMMENDATION:

Adopt a resolution to:

1. Approve Project Plans and Specifications.

3. Authorize the City Manager to Execute the Construction Contract with DeSilva Gates Construction. 47 Item # C6.

4. Authorize the Engineering Director/City Engineer to Negotiate and Execute Contract Change Order(s) in an Aggregate Amount Not to Exceed $652,427.80 for the project.

5. Approve the Budget Change Form to Appropriate Funding for CP 4303 and 4304.

Attachment(s):

Attachment 1 – Project Plan Title Sheet
Attachment 2 – Resolution
Attachment 3 – Bid Tabulation
Attachment 4 – Budget Change Form
Attachment 5 – Construction Change Order Policy

Check if City Council Approval required. Meeting: March 21, 2023

Itemization of funds, if needed: Amount

Requested by: Division Head: Date:

Department Head: Date:

Reviewed by: Finance Director: Date:

Approved by: City Manager: Date:

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

FI/24786/V Form 30-222 (Rev. 1/92)
48 Item # C6.

ATTACHMENT 5
Construction Change Order Policy for Street Resurfacing Project 2023, CP 4283, 4303, and 4304

2007 City Council Approved Construction Change Order Policy

Construction Award Individual Administrative Cumulative Award Amount Change Order Authority Change Order Authority Under $50,000 $5,000 $7,500
Over $50,000 10% of Award or $25,000 15% of Award or $100,000 whichever is smaller whichever is smaller

Street Resurfacing Project Street Resurfacing Project 2023, CP 4283, 4303, and 4304

Contract Award Individual Administrative Cumulative
Amount_______ Change Order Authority Change Order Authority

$3,262,139.00 N/A $652,427.80 (20%)
49 Item # C6.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager to Execute Amendment No. 1 with Plante & Moran, PLLC for Enterprise Resource Planning (ERP) System Consultation to Extend the Term by 12 Months and Increase the Existing Contract by $88,450.00 for a Total Contract Amount of $188,210.00 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 3/21/2023
Recommendation: Approve and authorize the City Manager to execute Amendment No. 1 with Plante & Moran, PLLC for Enterprise Resource Planning (ERP) System Consultation to extend the term by 12 months and increase the existing contract by $88,450.00 for a total contract amount of $188,210.00.

BACKGROUND:

On November 1, 2022, the City executed an agreement with Plante & Moran, PLLC (Consultant) for enterprise resource planning (ERP) system consulting services for a not to exceed amount of $99,760. Consultant was initially directly awarded this professional service contract to help the City with financial ERP system and human resource information system (HRIS) process review and needs assessment. The City’s financial ERP system was implemented more than 26 years ago and is obsolete causing process gaps, challenges and inefficiencies. It needs to be replaced to address these challenges and also keep pace with modernized industry standards.

ANALYSIS:

To date, the Consultant assisted the City with project management and needs assessment, which included tasks such as developing project charter, scheduling meetings with stakeholders, conducting stakeholder interviews, preparing current and future state process maps and drafting opportunity and findings report.

The financial ERP and HRIS procurement will be via a formal solicitation. This proposed amendment 1 to the Consultant contract will provide for the additional work related to the request for proposal (RFP), vendor reviews and selection, and contract negotiation with the selected vendor(s). Amendment #1 would extend the term by 12 months (through September 30, 2024) and increase the existing contract amount of $99,760 by $88,450 for a total contract amount of $188,210. Given the complexity and scale of this project, the Consultant will provide expertise and staff augmentation that are both critical to the project outcome.

POLICY ALTERNATIVE(S):

Alternative 1: Not approve Amendment #1
Pros: The City will not incur $88,450 in costs.

Cons: It will adversely impact the City’s finance ERP and HRIS implementation plan.

Reason for Not Recommending: It is in the best interest of the City to continue leveraging the consultant’s expertise to ensure success of this finance ERP and HRIS project.

FISCAL IMPACT:

Amendment #1 would increase the existing contract amount of $99,760 by $88,450 for a total contract amount of $188,210. Funding was appropriated during the FY22-23 Mid-Year.

California Environmental Quality Act (CEQA):

By the definition provided in the 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. 50 Item # C7.

RECOMMENDATION:

Approve and Authorize the City Manager to Execute Amendment No. 1 with Plante & Moran, PLLC for Enterprise Resource Planning (ERP) System Consultation to extend the term by 12 months and increase the existing contract by $88,450 for a total contract amount of $188,210.

Attachment(s):

Plante Moran Contract - Amendment #1

51 Item # C7.

Amendment No. 1 Plante & Moran

AMENDMENT NO. 1

TO THE PROFESSIONAL SERVICES AGREEMENT

WITH PLANTE & MORAN, PC FOR

ENTERPRISE RESOURCE PLANNING SYSTEM

SERVICES

This Amendment No. 1 is entered into as of __________________, ( Effective Date) by and between the City of Milpitas, a municipal corporation of the State of California ( hereafter referred to as " City") and Plante & Moran, PC , a Michigan limited liability company ( hereafter referred to as " Cons ultant"). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment No. 1 .

RECITALS:

WHEREAS, on November 1, 2022 , the City entered into a Professional Services Agreement ( hereinafter, the “Agreement”) with Plante & Moran, P C for Enterprise Resource Planning System services to be provided to the City, with a term period of November 1 , 2022 to September 13 , 2023 , and a maximum compensation amount of $99,760.00 ; and

WHEREAS, the Parties now desire to amend the Agreement to increase compensation by $88,450.00 to $188,210.00 to launch phases 3 -5 of the agreement .

WHEREAS, the Parties now desire to amend the Agreement to extend the agreement to September 12, 2024.

NOW THEREFORE, in consideration of the mutua l covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:

1. Section 2. Compensation . is amended to read as follows:

In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of One Hundred Eighty -Eight Thousand Two Hundred Ten Dollars and Zero Cents ($188,210.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing exp enses.

Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

2. Section 5. Term. Is amended to read as follows:

The term of this Agreement shall be from the Date first written above to September 12, 2024, unless earlier terminated as provided herein. The City reserves the right to review the Consultant’s performance at the end of each ye ar 52 Item # C7.

Amendment No. 1 Plante & Moran
and cancel all or part of the Agreement.

3. All other provisions of the Agreement not amended by this Amendment No. 1 shall remain in full force and effect.

[Signatures on Following Page]
53 Item # C7.

Amendment No. 1 Plante & Moran

SIGNATURE PAGE TO AMENDMENT NO. 1

OF THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE

CITY OF MILPITAS AND PLANTE & MORAN, PC

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

CITY OF MILPITAS

Approved By:

Steven G. McHarris, City Manager

Date

Approved As To Form:

Michael Mutalipassi, City Attorney

Approved:

Lauren Lai, CPA, MPA
Finance Director / Risk Manager

Approved As To Content:

Fenny Lei, Budget Manager

PLANTE & MORAN, PC

Signature

Name

Title

Date

54 Item # C7.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Universal Resolution Designating the City Manager as the Authorized Agent to Execute for, and on behalf, of the City of Milpitas for the Purpose of Obtaining Federal and State Financial Assistance (Staff Contact: Brian Stelling, Interim Fire Chief, 408-586-2811; and Toni Charlop, Emergency Services Coordinator, 408-586-2801)
Category: Consent Calendar-Public Safety
Meeting Date: 3/21/2023
Recommendation: Adopt a universal resolution designating the City Manager as the Authorized Agent to execute for, and on behalf, of the City of Milpitas for the purpose of obtaining Federal and State financial assistance.

Background:

On January 4, 2023, per the Milpitas Municipal Code, the City Manager (City’s Emergency Director) signed an Emergency Proclamation related to the catastrophic storms that created significant damage to Milpitas’ hillside and other parts of the bay area. The proclamation was ratified on January 10, 2023, by City Council. The storms damaged large portions of Calaveras Road along Milpitas’ hillside. This event was declared an emergency by the Federal Government, and it covers costs incurred for the period from December 27, 2022, through January 31, 2023.

Analysis:

The California Office of Emergency Services, which administers FEMA grants requires City Council to designate up to three agents every three year to act on behalf of the City in order to obtain federal financial assistance under Public Law 93, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 and/or financial assistance under the California Disaster Services Act. It is recommended that the Universal Resolution be adopted and in effect for up to three years from date of approval.

Policy Alternative(s):

Alternative: Do not adopt the Resolution designating the City Manager pursuant to Cal OES Form 130.

Pros: None.

Cons: Not adopting the resolution will make the City of Milpitas ineligible to pursue potential reimbursement costs from FEMA and Cal OES.

Reason Not Recommended: No benefit to not adopt the resolution and authorize signature of the CalOES Form 130.

Fiscal Impact:

By adopting the resolution and signing Form 130, it will provide the opportunity for potential reimbursement from the total cost of reconstruction of Calaveras Rd (estimated to be in the millions), thereby reducing the fiscal impact of repairs from the City budget.

55 Item # C8.

California Environmental Quality Act: None.

Recommendation(s): Adopt a universal resolution designating the City Manager as the Authorized Agent to execute for, and on behalf, of the City of Milpitas for the purpose of obtaining Federal and State financial assistance.

Attachment(s):

Cal OES Form 130
56 Item # C8.

DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of A
uthorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public ent
ity esta
blished under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM) , under
- Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under C
A Gov Code – Gov, Title 2,
Div. 1, Chapter 7, Article 5, S
ections 8587.8, 8587.11, 8587.12
That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state
disaster assistance the assurances and agreements required.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
OES-FPD-130 Rev. 10-2022 Page 1 of 4
City Council
Director of Finance
City Manager
Assistant City Manager
City of Milpitas
City of Milpitas
City of Milpitas
57 Item # C8.

Please check the appropriate box below
This is a universal resolution a
nd is effective for all open and future
disasters/grants declared up to three (3) years following the date of approval.

This is a disa
ster/grant specific resolution and is effective for only disaster/grant number(s):

Passed and approved this __day of , 20
(Name and Title of Governing Bo
dy Representative)
(Name and Title of Governing Bod
y Representative)
(Name and Title of Governing Bo
dy Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the a bove is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 2 of 4
Carmen Montano, Mayor
City Council
City of Milpitas
City of Milpitas
✔
City Clerk
City Clerk
Suzanne Guzzetta
58 Item # C8.

Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.

When completing the Cal OES F
orm 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:

Resolution Section:

Governing Body: This is the group resp
onsible for appointing and approving the
Authorized Agents.

Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.

Name of Applicant: The public entity establis
hed under the laws of the
State of California.

Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.

Authorized Agent: These are the individuals th
at are authorized by the Governing Body
to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.

There are two ways of completing this section:

1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It d
oes not require the Governing Body’s signature.

2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 3 of 4
59 Item # C8.

Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.

Governing Body Representative: These are the names and titles of the approving Board Members.

Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.

Certification Section:

Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.

Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 4 of 4
60 Item # C8.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Amending Resolution No.1626, the Classification Plan, to establish the position and Classification of Public Works Manager – Utilities and modify, Approve and Adopt the Salary Schedule Titled “All Job Classifications/Salary Table” to Include the Salary Range for this Classification (Staff Contact: Nick Raisch, Human Resources Director, 408-586-3086; and Christian Di Renzo, Public Works Director, 408-586-2602) Category: Consent Calendar-Leadership and Support Services Meeting Date: 3/21/2023
Recommendation: Adopt a resolution amending Resolution No. 1626, the Classification Plan, to establish the position and Classification of Public Works Manager – Utilities, Adjust the number of positions on the authorized position list, Amend specific budgeted, allocated positions and Modify, Approve and Adopt the Salary Schedule titled “All Job Classifications/Salary Table effective March 22, 2023” to include the salary range for the classification of Public Works Manager- Utilities of $124,280 – $173,992.

BACKGROUND:

The City Council adopted the FY2022-23 operating budget, which included three (3) FTE Public Works Managers. These positions serve as division managers overseeing key operations within the Public Works Department. The manager overseeing the City’s utility maintenance operations became vacant in FY22-23 and recruitment endeavors were conducted to find a successor candidate. After an unsuccessful recruitment process, the City took this opportunity to evaluate and assess the current job description and compensation package.

ANALYSIS:

The City has a single classification for Public Works Manager. After review and analysis, staff is recommending the creation of a specialized Public Works Manager over utilities maintenance operations. This is a critical position that oversees the City’s drinking water system and the sanitary sewer and storm drain collection systems. Effective administration and oversight of these utility systems requires both specialized technical expertise, the ability to manage and lead field crews, and solid understanding of State and Federal regulations governing these utilities. These requirements are unique to this utility manager role. The retirement of the incumbent provided staff with the opportunity to adjust and reclassify this position to a singular classification.

With this specialization, staff are proposing to increase the annual salary 4%. The proposed salary range is $124,280 – $173,992. The revised classification will allow the City to align this position with the external market for water and collection system operations, increasing our ability to be more competitive in attracting qualified candidates. This position is critical to the ongoing efficient and safe operation of the City’s water, sewer, and storm sewer systems.

Lastly, the City will replace one Public Works Manager with one Public Works Manager-Utilities to the Public Works Department number of allocated positions.

POLICY ALTERNATIVE(S):

Alternative 1: Do not amend the classification salary schedule.

Pros: None
Cons: Continued unsuccessful recruitments for this critical position 61 Item # C9.

Reason for Not Recommending: If the City Council does not approve the amendment of the classification salary plan, the respective department will struggle with achieving their objectives.

FISCAL IMPACT:

Funding is available from staff vacancies within the FY2022-23 adopted budget. In the generation of the FY2023-24 proposed budget, the Department will include this increased cost.

California Environmental Quality Act (CEQA):

Approval of the recommendation is not an activity defined as a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3) and 15378(b)(4) either because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and/or because the action is financial and/or administrative and does not directly impact the environment.

RECOMMENDATION:

Adopt a resolution amending Resolution No. 1626, the Classification Plan, to establish the position and Classification of Public Works Manager – Utilities, Adjust the number of positions on the authorized position list, Amend specific budgeted, allocated positions and Modify, Approve and Adopt the Salary Schedule titled “All Job Classifications/Salary Table effective March 22, 2023” to include the salary range for the classification of Public Works Manager,- Utilities of $124,280 – $173,992.

Attachment(s):

1. Resolution.

2. Public Works Manager – Utilities Class Specification

3. Draft Salary Table

62 Item # C9.

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING RESOLUTION NO. 1626, THE CLASSIFICATION PLAN, TO ESTABLISH A NEW

CLASSIFICATION, APPROVE A NEW SALARY RANGE, AMEND BUDGETED ALLOCATED POSITIONS AND APPROVE AND ADOPT THE PAY SCHEDULE TITLED “ALL JOB CLASSIFICATIONS/SALARY TABLE,”

WHEREAS, the City of Milpitas has a Classification Plan adopted as Resolution No. 1626 on December 17, 1968, which has been amended from time to time, and which is in acco rdance with the Personnel Rules and Regulations of the City of Milpitas (Resolution No. 792 as amended); and

WHEREAS, amendments to the Classification Plan are necessary to account for changes within the organization, transfer of duties, new job responsibilities, and adjustments to salary ranges;

and

WHEREAS, the City is required to publish publicly available approved and adopted pay schedule(s) for all positions within the Classification Plan pursuant to the California Code of Regulations, 2 CCR §570.5.

NOW THEREFORE , the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

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

2. Resolution No. 1626, as amended, is hereby further amended as set forth below.

A. ESTABLISH NEW CLASSIFICATION WITH THE FOLLOWING TITLE AND SALARY RANGE EFFECTIVE March 22, 2023:

Title Annual Salary Range
Public Works Manager - Utilities $124,280 – $173,992

B. AMEND THE FOLLOWING BUDGETED ALLOCATED POSITION:

Delete one (1) FTE Public Works Manager and authorize one (1) Public Works Manager- Utilities

C. APPROVE AND ADOPT THE PAY SCHEDULE “ALL JOB
CLASSIFICATIONS/SALARY TABLE EFFECTIVE March 22, 2023”:

A pay schedule, that includes but is not limited to Classification (Position), Title, Payrate; Hourly, Bi-Weekly, Monthly and Annual Wage, is attached hereto as 63 Item # C9.

Resolution No. ___
2 Exhibit A (“The City of Milpitas All Job Classifications/Salary Table effective 03- 22-2023”).

The City Council directs the Human Resources Director to establish the job description title and salary range for the above classification to include in the Classification Plan and Classification and Salary Table and submit them to the City Manager for approval on or before the date of position activation.

PASSED AND ADOPTED this ______ day of _________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

__________________________ ______________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

___________________________
Michael Mutalipassi, City Attorney

64 Item # C9.

Resolution No. ___
3 65
Item # C9.

CITY OF MILPITAS
Effective: October 2, 2012
Revised: October 2015
February 2023
EEOC: Officials/Admins.

FLSA: Exempt
Unit: Unrepresented
Physical: 1

PUBLIC WORKS MANAGER - UTILITIES

DEFINITION

This is a division manager position responsible for managing work of field crews engaged in the operation, maintenance and minor construction of the City’s water distribution, sewer and storm drain collection systems. The incumbent manages, plans, and directs a division that has multiple fun ctional areas and provides high level staff and technical support relative to departmental maintenance operations; assists in the determination of overall policy for the department and individual functions; ensures all activities are performed in compliance with all applicable regulatory, operational, procedural and budget guidelines; and coordinates necessary activities with other City departments, outside agencies and the general public. This position may serve as the Legally Responsible Official (LRO) fo r the City, is responsible for the Sanitary Sewer Overflow Response, implementation of and compliance with the City’s Sewer Management Plan, serves as the Drinking Water Distribution System Operator and maintains operation compliance for the storm water municipal regional permit.

An incumbent in this classification demonstrates strong ethical, professional, and service -oriented leadership and interpersonal skills.

SUPERVISION RECEIVED AND EXERCISED

Receives general direction from the Deputy Public Works Director.

Supervises the Senior Public Work Lead Workers responsible for Water, Sewer and Storm Water Utilities.

May be required to manage the work of all field personnel in the Water Sewer and Storm Water Utilities in the absence of another supervisor. Exercises direct and indirect supervision over supervisory and staff personnel.

EXAMPLES OF DUTIES – Duties may include, but are not limited to, the following:

Plans, directs, organizes, managers and coordinates the activities of the Water, Sewer and Storm Water Utility division in the operation maintenance and minor construction of the City’s systems, and related appurtenances;

Coordinates and collaborates with Public Works Utility Engineering on major Water, Sewer and Storm Water construction projects;

Coordinate with the Deputy Public Works Director and/or Director of Public Works to review efficiencies related to projects and day-to-day activities of personnel, materials and equipment;

Oversee drinking water system testing procedures;

Ensure that instrumentation, automatic controls, generators, alarms, supervisory control, and data acquisition (SCADA) and mainline flow meters are accurate and always operating;

66 Item # C9.

Public Works Manager- Utilities

Page 2 of 5 ends

Confers with assigned Senior Public Work Lead Works responsible for Water, Sewer and S torm Water Utilities to review and discuss day-to-day operations and to plan activities for optimum effectiveness in personnel and material utilization;

Interface with utilities engineering staff to protect the community water supply from possible source s of contamination by managing the backflow protection device installation and testing program to conform to State laws and City regulations;

Responsible for assuring all after hours alarms emanating from the Water, Sewer and Storm Water Utilities operations are responded to in a timely manner;

Establish, advise, and review goals of Water, Sewer and storm Water Utilities operations with respective division personnel;

Develop, evaluate, and manage staff development and training programs for assigned staf f;

Develop and implement policies, procedures, priorities, and work standards of the division;

Lead in the deployment and coordination of personnel and equipment in emergency situations;

Respond to inquiries and/or complaints from the public and regulatory agencies; develop and implement solutions to complex and sensitive technical and public relations situations;

Provide technical assistance and consult with other City departments on matters pertaining to Water, Sewer and Storm Water Utilities standards;

Maintain knowledge and compliance of current Federal, State, County and local rules and regulations as they pertain to safety and the construction, maintenance and operation of the Water, Sewer and Storm Water Utilities system, and implement changes as required to ensure compliance;

Direct, oversee and participate in the development of the Water, Sewer and Storm Water Utilities work plans; assign work activities, projects and programs; monitor workflow; review and evaluate work products, methods and procedures; meet with staff to identify and resolve problems.

Provide input into Water, Sewer and Storm Water Master Plan updates and rate study analysis;

Direct the preparation of a variety of studies and reports relating to current and futu re public infrastructure, facility, and utility operation needs, including equipment and repair needs; develops specific proposals and recommendations to meet these needs; provides technical assistance to staff.

Prepare periodic reports on routine operations and special reports/studies as required.

Implements City, department and division rules, regulations, policies, procedures, and practices ; Ensure that department personnel conduct regular safety training, maintain accurate records of all training, and maintain a safe work environment;

Propose, develop, and manage capital projects and contracts;

Regularly update the asset management system for Water, Sewer and Storm Water Utilities;

Respond to Service Requests regarding field maintenance operations.

Confer with assigned staff, other appropriate City staff, and other agencies with regard to projects and special events.

67 Item # C9.

Public Works Manager- Utilities

Page 3 of 5 ends

Represent the City and/or the Public Works Director when dealing with various private and public organizations regarding maintenance activities or projects.

Prepare reports and support presentation of presentation materials for the City Manager, City Council, or other commissions.

Prepare the division budget and assist in various budget development tasks including the forecast of additional funds needed for staffing; equipment, materials and supplies; administer the approved budget ;

Prepare and/or review and approve purchase requisitions;

Supervise, train, and evaluate supervisory and other assigned staff.

Participate in recommending the appointment and termination of personnel; work with employees to correct deficiencies; implement discipline procedures.

Develop and maintain good working relationships with department/division personnel, coworkers, elected officials, professional peer groups, and the public.

Perform related duties as assigned.

MINIMUM QUALIFICATIONS

Knowledge of:
 Effective leadership, organization and management principles and practices;  Principles and practices of management and supervision, including techniques of personnel administration.
 Principles and practices of municipal accounting and budgeting practices, including fiscal management and expenditure controls, budgeting, communications, information management and expenditure controls, budgeting, communications, information technology, project management, performance standards, computerized asset management systems and the use of technology to achieve outcomes and expectations;
 The methods, tools, materials, terminology and functions of equipment used in the construction, maintenance and operation of Water, Sewer and Storm Water Utility systems;  Federal, State, County and City rules and regulations pertaining to the construction, maintenance, and operation of the Water, Sewer and Storm Water systems;  Principals of electrical and mechanical installation, function and maintenance, SCADA instrumentation and controls and emergency power backup systems;  Organizing and supervising the field operations of staff engaged in Water, Sewer and Storm Water Utility systems; and implementation and enforcement of field and construction safety rules and practices, procedures and standards;
 Effective report writing techniques for internal and external stakeholders;  Computerized asset management systems and ArcGIS systems;  Industry standards for Water, Sewer and Storm Water Utility systems preventative maintenance programs.

Ability to:
 Exercise independent judgment with minimal supervision;  Lead and motivate employees to accomplish established division and department goals under both routine and emergency conditions;
 Effectively schedule, supervise, train, and evaluate work performance of subordinates.  Establish and maintain effective proactive work relationships with City staff, public officials, contractors and the general public.
 Communicate logically and clearly, both orally and in writing; follow oral and written instructions; 68 Item # C9.

Public Works Manager- Utilities

Page 4 of 5 ends

 Deal fairly, objectively and impartially with others;  Develop and establish division goals;
 Analyze Water, Sewer and Storm Water systems to identify problems and determine optimum solutions;
 Monitor and maintain a high level of performance in the maintenance functions of the department.  Plan, communicate, delegate, and monitor a variety of concurrent projects.  Assist in preparation and administration of division budgets; perform responsible personnel and administrative duties;
 Administer the various industrial safety regulations as they apply to assigned operations;  Maintain accurate records, and prepare clear and concise reports.  Perform technical research work, detailed analyses and preparation of comprehensive reports.  Interpret and explain applicable laws, regulations, policies, and practices.  Read plans, blueprints, sketches, and technical manuals.  Carry out oral and/or written instructions. Read and interpret manuals, plans and specifications.  Bend, stoop, reach, carry, crawl, climb, and lift as necessary to perform assigned duties.

EXPERIENCE AND EDUCATION
Any combination of experience and education that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience: Eight (8) years of increasingly responsible experience involving the construction, maintenance and operation of water distribution systems, at least two (2) years of which shall have been in a supervisory capacity; AND

Education: Education equivalent to completion of an Associate of Arts Degree in Public Administration, Business Administration, Civil Engineering, or related field.

Experience: Five (5) years of increasingly responsible experience in work involving construction, maintenance and operation of water distributions systems, at least two (2) years of which shall have been in a supervisory capacity; AND

Education: Education equivalent to completion of a Bachelor’s Degree in Public Administration, Business Administration, Civil Engineering, or a related field.

LICENSE OR CERTIFICATE:

The following are required for the duration of employment:
 When driving on City business, maintenance of a valid California driver’s license ;  Possession of a valid Collection System Maintenance Certificate (Grade 3 or above) issued by the California Water Environment Association (CWEA) is preferred;  Possession of a valid Water Distribution Operations Certificate (Grade D4 or above) issued by the California State Water Resource Control Board;
 Possession of a valid Water Treatment Operations Certificate (Grade T2 or above) issued by the California State Water Resource Control Board, otherwise ability to obtain within one (1) year of employment;
 Incumbents must be able to travel to various locations within and outside of the City of Milpita s to fulfill job responsibilities.

69 Item # C9.

Public Works Manager- Utilities

Page 5 of 5 ends

The following is required to be obtained within eighteen (18) months of employment and maintained for duration of employment:
 Possession of a valid Water Treatment Operations Certificate (Grade T 3), issued by the California State Water Resource Control Board.
 Possession of a valid Water Distribution Operations Certificate (Grade D5), issued by the California State Water Resource Control Board.

SPECIAL REQUIREMENTS:

Essential duties require the following physical abilities and work environment.

Typically, work is performed in an office environment, Water, Sewer and Storm Water Utility facilities and at construction sites; exposure to outdoor elements; extensive use of the telephone and radio; repetitive keyboarding on a computer; ability to walk on uneven ground; sit for extended periods; maintain concentration and focus for extended periods; drive daily to various locations within and outside the City of Milpitas; ability to work safely in a hard-hat construction zone; some exposure to construction related chemicals and products.

Approved by:

______________________________________________
City Manager Date

____________________________________
Human Resources Director Date
70 Item # C9.
3/14/2023 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classification/Salary Table Effective 03/22/2023 1 Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly2 BiWeekly3 Annual4 Hourly5 BiWeekly6 Annual7 Hourly8 BiWeekly9 Annual10 Hourly11 BiWeekly12 Annual13 Accountant 50 2101 500 47.90 3,831.91 99,629.66 50.29 4,023.48 104,610.48 52.80 4,223.84 109,819.84 55.45 4,436.02 115,336.52 58.21 4,657.02 121,082.52 Accounting Technician I 50 6104 513 31.19 2,495.54 64,884.04 32.75 2,620.34 68,128.84 34.39 2,751.36 71,535.36 36.11 2,888.92 75,111.92 37.92 3,033.37 78,867.62 Accounting Technician II 50 6105 514 34.31 2,745.08 71,372.08 36.03 2,882.37 74,941.62 37.83 3,026.49 78,688.74 39.72 3,177.85 82,624.10 41.71 3,336.66 86,753.16 Administrative Analyst I 80 2102 801 41.20 3,295.90 85,693.40 - - - - - - - - - 54.24 4,338.84 112,809.84 Administrative Analyst II 80 2103 802 45.50 3,639.93 94,638.18 - - - - - - - - - 59.89 4,790.99 124,565.74 Administrative Assistant 80 6111 828 39.30 3,144.37 81,753.62 41.27 3,301.59 85,841.34 43.33 3,466.69 90,133.94 45.50 3,640.00 94,640.00 47.77 3,821.99 99,371.74 Adult Crossing Guard 70 8401 725 16.40 1,312.00 34,112.00 - - - - - - - - - 18.46 1,476.80 38,396.80 Adult Crossing Guard Superviso 70 8402 720 17.71 1,416.80 36,836.80 - - - - - - - - - 21.21 1,696.80 44,116.80 Assistant Chief of Police 60 1405 649 101.90 8,152.23 211,957.98 - - - - - - - - - 142.66 11,413.12 296,741.12 Assistant City Attorney 60 1113 645 76.92 6,153.85 160,000.10 - - - - - - - - - 104.13 8,330.23 216,585.98 Assistant City Engineer 60 1205 639 72.46 5,796.43 150,707.18 - - - - - - - - - 101.44 8,115.00 210,990.00 Assistant City Manager 60 1104 666 96.52 7,721.90 200,769.40 - - - - - - - - - 135.13 10,810.67 281,077.42 Assistant Engineer 50 2201 502 51.90 4,151.81 107,947.06 54.49 4,359.39 113,344.14 57.22 4,577.35 119,011.10 60.08 4,806.25 124,962.50 63.08 5,046.59 131,211.34 Assistant Finance Director 60 1109 669 69.46 5,557.07 144,483.82 - - - - - - - - - 97.25 7,780.09 202,282.34 Assistant Fire Marshal 60 2501 632 79.71 6,376.43 165,787.18 - - - - - - - - - 111.59 8,927.02 232,102.52 Assistant Planner 50 2801 503 49.76 3,981.04 103,507.04 52.25 4,180.19 108,684.94 54.86 4,388.45 114,099.70 57.60 4,607.82 119,803.32 60.48 4,838.31 125,796.06 Assistant Pool Manager 70 5609 709 17.45 1,396.00 36,296.00 - - - - - - - - - 24.44 1,955.20 50,835.20 Assistant Water Operator 20 7212 221 42.68 3,201.07 83,227.82 44.82 3,361.13 87,389.38 47.06 3,529.18 91,758.68 49.41 3,705.62 96,346.12 51.88 3,890.93 101,164.18 Assistant Water Operator - 40 20 8611 226 42.93 3,434.48 89,296.48 45.08 3,606.37 93,765.62 47.34 3,786.86 98,458.36 49.71 3,976.96 103,400.96 52.20 4,175.72 108,568.72 Associate Civil Engineer 50 2202 504 59.68 4,774.56 124,138.56 62.67 5,013.32 130,346.32 65.80 5,263.99 136,863.74 69.09 5,527.19 143,706.94 72.54 5,803.57 150,892.82 Associate Planner 50 2802 505 57.22 4,577.47 119,014.22 60.09 4,806.96 124,980.96 63.09 5,047.56 131,236.56 66.24 5,299.28 137,781.28 69.55 5,564.14 144,667.64 Budget Manager 80 1115 839 60.06 4,804.40 124,914.40 - - - - - - - - - 79.05 6,324.00 164,424.00 Building & Housing Director 60 1802 658 83.95 6,715.81 174,611.06 - - - - - - - - - 117.53 9,402.14 244,455.64 Building Inspection Manager 80 3809 848 62.56 5,005.07 130,131.82 - - - - - - - - - 76.05 6,083.74 158,177.24 Building Inspector Apprentice 70 8610 770 28.00 2,240.00 58,240.00 - - - - - - - - - 35.00 2,800.00 72,800.00 Building Official 60 1804 676 73.84 5,907.33 153,590.58 - - - - - - - - - 103.38 8,270.26 215,026.76 Building Permit Technician 50 5801 508 38.00 3,040.05 79,041.30 39.90 3,192.38 83,001.88 41.91 3,352.54 87,166.04 43.99 3,519.54 91,508.04 46.19 3,695.33 96,078.58 Building/NP Inspector 50 3801 507 50.37 4,029.41 104,764.66 52.89 4,230.92 110,003.92 55.53 4,442.42 115,502.92 58.31 4,664.57 121,278.82 61.22 4,897.77 127,342.02 Business Systems Analyst/Dev 80 2119 853 54.92 4,393.67 114,235.42 - - - - - - - - - 72.29 5,783.41 150,368.66 Buyer 80 2106 803 40.83 3,266.02 84,916.52 - - - - - - - - - 53.74 4,299.10 111,776.60 CIP Manager 60 2211 642 63.79 5,103.11 132,680.86 - - - - - - - - - 89.31 7,144.92 185,767.92 Case Manager 50 5612 544 34.05 2,723.90 70,821.40 - - - - - - - - - 42.49 3,399.37 88,383.62 Chief Fire Enforcement Officer 60 1505 656 68.25 5,459.80 141,954.80 - - - - - - - - - 95.55 7,643.72 198,736.72 Chief of Police 60 1402 650 106.99 8,559.59 222,549.34 - - - - - - - - - 149.79 11,983.45 311,569.70 City Attorney 60 1112 644 99.96 7,997.00 207,922.00 - - - - - - - - - 124.95 9,996.27 259,903.02 City Clerk 60 1101 605 63.83 5,106.48 132,768.48 - - - - - - - - - 89.37 7,149.88 185,896.88 City Manager 60 1102 697 160.75 12,860.28 334,367.28 - - - - - - - - - 160.75 12,860.28 334,367.28 Code Enforcement Officer 50 5804 515 44.04 3,523.20 91,603.20 46.24 3,699.41 96,184.66 48.56 3,885.17 101,014.42 50.99 4,079.42 106,064.92 53.54 4,283.25 111,364.50 Comm Svc Engmt & Incl Admin 60 1121 659 65.87 5,269.32 137,002.32 - - - - - - - - - 92.21 7,377.05 191,803.30 Communications Dispatch Superv 40 6409 456 55.09 4,406.81 114,577.06 57.84 4,627.15 120,305.90 60.73 4,858.52 126,321.52 63.77 5,101.45 132,637.70 66.96 5,356.53 139,269.78 Communications Dispatcher 40 6408 455 47.69 3,815.58 99,205.08 50.08 4,006.34 104,164.84 52.58 4,206.64 109,372.64 55.21 4,416.94 114,840.44 57.97 4,637.80 120,582.80 Community Service Officer 50 5807 551 42.14 3,370.92 87,643.92 44.24 3,539.47 92,026.22 46.46 3,716.45 96,627.70 48.78 3,902.26 101,458.76 51.22 4,097.40 106,532.40 Councilmember 60 1107 699 20.87 417.40 10,852.40 - - - - - - - - - 20.87 417.40 10,852.40 Crime Analyst 80 2105 809 49.32 3,945.49 102,582.74 - - - - - - - - - 64.92 5,193.48 135,030.48 Customer Services Supervisor 80 2127 847 47.82 3,825.84 99,471.84 - - - - - - - - - 62.95 5,035.65 130,926.90 Deputy City Attorney 60 1114 646 60.10 4,807.69 124,999.94 - - - - - - - - - 83.30 6,664.15 173,267.90 Deputy City Clerk 80 6102 835 46.96 3,756.97 97,681.22 - - - - - - - - - 57.08 4,566.61 118,731.86 Deputy City Manager 60 1119 672 94.59 7,567.46 196,753.96 - - - - - - - - - 132.38 10,590.05 275,341.30 Deputy Director of IT 60 1123 679 76.44 6,115.38 158,999.88 - - - - - - - - - 97.89 7,831.54 203,620.04 Deputy Fire Chief 60 1504 633 100.44 8,034.88 208,906.88 - - - - - - - - - 140.61 11,248.83 292,469.58 Deputy Public Works Director 60 1207 654 74.46 5,956.90 154,879.40 - - - - - - - - - 104.25 8,339.67 216,831.42 Digital Media Specialist 80 2121 840 42.48 3,398.78 88,368.28 - - - - - - - - - 55.92 4,473.83 116,319.58 Dir of Recr & Community Svcs 60 1208 655 82.21 6,576.74 170,995.24 - - - - - - - - - 115.32 9,225.38 239,859.88 Step EStep A Step B Step C Step D
71 Item # C9.
3/14/2023 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classification/Salary Table Effective 03/22/2023 2 Economic Development Coord 80 8623 852 51.82 4,145.85 107,792.10 - - - - - - - - - 64.26 5,140.80 133,660.80 Economic Development Director 60 1206 653 77.22 6,177.54 160,616.04 - - - - - - - - - 108.11 8,648.53 224,861.78 Economic Development Spec 80 8606 850 49.35 3,948.09 102,650.34 - - - - - - - - - 59.57 4,765.74 123,909.24 Electrical/Building Inspector 50 3802 511 52.89 4,230.91 110,003.66 55.53 4,442.42 115,502.92 58.31 4,664.56 121,278.56 61.22 4,897.77 127,342.02 64.28 5,142.67 133,709.42 Emergency Services Coordinator 80 2502 836 54.53 4,362.00 113,412.00 - - - - - - - - - 71.76 5,740.98 149,265.48 Employee Relations Officer 60 1209 677 63.98 5,118.53 133,081.78 - - - - - - - - - 89.57 7,165.93 186,314.18 Engineering Aide 50 3201 512 41.27 3,301.75 85,845.50 43.34 3,466.85 90,138.10 45.50 3,640.17 94,644.42 47.78 3,822.16 99,376.16 50.17 4,013.27 104,345.02 Engineering Director/City Eng 60 1201 606 83.95 6,715.81 174,611.06 - - - - - - - - - 117.53 9,402.14 244,455.64 Engineering Permit Technician 50 2210 540 37.15 2,972.15 77,275.90 39.01 3,120.77 81,140.02 40.96 3,276.79 85,196.54 43.01 3,440.59 89,455.34 45.16 3,612.64 93,928.64 Entry Firefighter/EMT - 40 10 4512 115 49.51 3,961.06 102,987.56 51.49 4,119.50 107,107.00 - - - - - - - - - Entry Firefighter/EMT - 56 10 4510 112 35.37 3,961.06 102,987.56 36.78 4,119.50 107,107.00 - - - - - - - - - Entry Firefighter/Paramedic-40 10 4513 116 55.45 4,436.38 115,345.88 57.67 4,613.86 119,960.36 - - - - - - - - - Entry Firefighter/Paramedic-56 10 4511 113 39.61 4,436.38 115,345.88 41.20 4,613.86 119,960.36 - - - - - - - - - Entry Level Fire Inspector 10 3508 114 43.17 3,453.45 89,789.70 45.33 3,626.13 94,279.38 47.59 3,807.45 98,993.70 49.97 3,997.82 103,943.32 51.99 4,159.51 108,147.26 Envir & Regulatory Comply Spec 80 8624 851 52.67 4,213.67 109,555.42 - - - - - - - - - 69.33 5,546.40 144,206.40 Environmental Inspector 50 2213 553 52.89 4,230.91 110,003.66 55.53 4,442.45 115,503.70 58.31 4,664.58 121,279.08 61.22 4,897.80 127,342.80 64.28 5,142.67 133,709.42 Equip Maint Worker I - 40 20 8612 227 39.04 3,123.39 81,208.14 40.97 3,277.99 85,227.74 43.03 3,442.18 89,496.68 45.19 3,614.99 93,989.74 47.44 3,795.50 98,683.00 Equip Maint Worker II - 40 20 8613 228 42.93 3,434.48 89,296.48 45.08 3,606.37 93,765.62 47.34 3,786.86 98,458.36 49.71 3,976.96 103,400.96 52.20 4,175.72 108,568.72 Equip Maint Worker III - 40 20 8614 229 48.37 3,869.43 100,605.18 50.79 4,063.38 105,647.88 53.34 4,266.95 110,940.70 56.00 4,480.11 116,482.86 58.81 4,704.78 122,324.28 Equipment Maint. Worker I 20 7202 200 38.80 2,910.05 75,661.30 40.74 3,055.56 79,444.56 42.78 3,208.37 83,417.62 44.92 3,368.78 87,588.28 47.16 3,537.21 91,967.46 Equipment Maint. Worker II 20 7203 201 42.68 3,201.07 83,227.82 44.82 3,361.13 87,389.38 47.06 3,529.18 91,758.68 49.41 3,705.62 96,346.12 51.88 3,890.93 101,164.18 Equipment Maint. Worker III 20 7204 202 48.09 3,606.74 93,775.24 50.49 3,787.01 98,462.26 53.02 3,976.39 103,386.14 55.67 4,175.21 108,555.46 58.45 4,383.99 113,983.74 Executive Assistant 80 6117 812 43.23 3,458.31 89,916.06 45.39 3,631.25 94,412.50 47.66 3,812.81 99,133.06 50.04 4,003.44 104,089.44 52.55 4,203.62 109,294.12 FF/Paramedic Trainee - 40 10 4504 107 53.32 4,265.75 110,909.50 53.32 4,265.75 110,909.50 53.32 4,265.75 110,909.50 53.32 4,265.75 110,909.50 53.32 4,265.75 110,909.50 FF/Paramedic Trainee - 56 10 4514 155 38.09 4,265.75 110,909.50 38.09 4,265.75 110,909.50 38.09 4,265.75 110,909.50 38.09 4,265.75 110,909.50 38.09 4,265.75 110,909.50 Finance Director 60 1103 627 84.31 6,744.97 175,369.22 - - - - - - - - - 118.03 9,442.21 245,497.46 Finance Manager 60 1116 647 59.50 4,760.30 123,767.80 - - - - - - - - - 83.31 6,664.46 173,275.96 Financial Analyst I 80 2125 844 38.47 3,077.45 80,013.70 - - - - - - - - - 50.64 4,050.83 105,321.58 Financial Analyst II 80 2126 845 42.48 3,398.78 88,368.28 - - - - - - - - - 55.92 4,473.83 116,319.58 Fire Battalion Chief 10 2508 153 53.49 5,991.05 155,767.30 - - - - - - - - - 74.89 8,387.47 218,074.22 Fire Battalion Chief - 40 10 2509 154 74.89 5,991.05 155,767.30 - - - - - - - - - 104.84 8,387.47 218,074.22 Fire Captain 10 2504 100 46.81 5,243.20 136,323.20 49.10 5,498.81 142,969.06 51.49 5,767.20 149,947.20 54.01 6,048.98 157,273.48 56.65 6,344.88 164,966.88 Fire Captain - 40 10 2507 108 65.54 5,243.20 136,323.20 68.74 5,498.81 142,969.06 72.09 5,767.20 149,947.20 75.61 6,048.98 157,273.48 79.31 6,344.88 164,966.88 Fire Chief 60 1502 630 110.73 8,858.55 230,322.30 - - - - - - - - - 155.03 12,402.00 322,452.00 Fire Engineer/EMT 10 4501 102 41.28 4,623.46 120,209.96 43.29 4,848.08 126,050.08 45.39 5,083.90 132,181.40 47.60 5,331.52 138,619.52 49.92 5,591.52 145,379.52 Fire Engineer/EMT - 40 10 4515 156 57.79 4,623.46 120,209.96 60.60 4,848.08 126,050.08 63.55 5,083.90 132,181.40 66.64 5,331.52 138,619.52 69.89 5,591.52 145,379.52 Fire Engineer/Paramedic 10 4505 151 46.09 5,162.47 134,224.22 48.34 5,414.08 140,766.08 50.70 5,678.20 147,633.20 53.17 5,955.49 154,842.74 55.77 6,246.71 162,414.46 Fire Prevention Inspector 10 3501 106 66.18 5,294.34 137,652.84 69.41 5,552.50 144,365.00 72.79 5,823.56 151,412.56 76.35 6,108.16 158,812.16 80.09 6,407.00 166,582.00 Fire Protection Engineer 10 3507 110 66.18 5,294.34 137,652.84 69.41 5,552.50 144,365.00 72.79 5,823.56 151,412.56 76.35 6,108.16 158,812.16 80.09 6,407.00 166,582.00 Firefighter/EMT 10 4502 103 38.58 4,321.12 112,349.12 40.45 4,530.54 117,794.04 42.42 4,750.51 123,513.26 44.48 4,981.49 129,518.74 46.64 5,223.91 135,821.66 Firefighter/EMT - 40 10 4516 157 54.01 4,321.12 112,349.12 56.63 4,530.54 117,794.04 59.38 4,750.51 123,513.26 62.27 4,981.49 129,518.74 65.30 5,223.91 135,821.66 Firefighter/EMT Trainee - 40 10 4509 109 47.61 3,808.72 99,026.72 47.61 3,808.72 99,026.72 47.61 3,808.72 99,026.72 47.61 3,808.72 99,026.72 47.61 3,808.72 99,026.72 Firefighter/Paramedic 10 4503 104 43.07 4,823.87 125,420.62 45.16 5,058.38 131,517.88 47.36 5,304.77 137,924.02 49.67 5,563.39 144,648.14 52.10 5,835.01 151,710.26 Fitness Instructor 70 5620 713 35.00 2,800.00 72,800.00 - - - - - - - - - 75.00 6,000.00 156,000.00 Fleet Maint Worker I -40 20 8615 230 37.27 2,981.63 77,522.38 39.14 3,131.07 81,407.82 41.09 3,287.37 85,471.62 43.14 3,451.54 89,740.04 45.31 3,624.57 94,238.82 Fleet Maint Worker II - 40 20 8616 231 40.99 3,279.51 85,267.26 43.05 3,443.67 89,535.42 45.20 3,615.70 94,008.20 47.46 3,796.60 98,711.60 49.83 3,986.34 103,644.84 Fleet Maint Worker III -40 20 8617 232 47.15 3,772.01 98,072.26 49.51 3,960.78 102,980.28 51.98 4,158.37 108,117.62 54.57 4,365.78 113,510.28 57.31 4,585.00 119,210.00 Fleet Maintenance Worker I 20 7207 213 37.27 2,795.30 72,677.80 39.13 2,935.03 76,310.78 41.09 3,081.81 80,127.06 43.14 3,235.84 84,131.84 45.30 3,397.65 88,338.90 Fleet Maintenance Worker II 20 7208 214 41.00 3,074.84 79,945.84 43.05 3,228.54 83,942.04 45.20 3,390.00 88,140.00 47.46 3,559.51 92,547.26 49.83 3,737.41 97,172.66 Fleet Maintenance Worker III 20 7209 215 47.15 3,536.02 91,936.52 49.50 3,712.81 96,533.06 51.98 3,898.42 101,358.92 54.58 4,093.33 106,426.58 57.31 4,298.07 111,749.82 GIS Technician 50 2212 552 51.90 4,151.81 107,947.06 54.49 4,359.39 113,344.14 57.22 4,577.38 119,011.88 60.08 4,806.23 124,961.98 63.08 5,046.61 131,211.86 Hazardous Materials Inspector 10 3502 105 66.18 5,294.34 137,652.84 69.41 5,552.50 144,365.00 72.79 5,823.56 151,412.56 76.35 6,108.16 158,812.16 80.09 6,407.00 166,582.00 Housing Authority Adminr 60 1120 673 62.12 4,969.45 129,205.70 - - - - - - - - - 86.96 6,957.19 180,886.94 Human Resources Analyst I 80 2124 843 41.20 3,295.90 85,693.40 - - - - - - - - - 54.24 4,338.84 112,809.84 Human Resources Analyst II 80 2123 842 45.50 3,639.93 94,638.18 - - - - - - - - - 59.89 4,790.99 124,565.74 72 Item # C9.
3/14/2023 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classification/Salary Table Effective 03/22/2023 3 Human Resources Assistant 80 2108 846 29.35 2,347.82 61,043.32 30.81 2,465.13 64,093.38 32.35 2,588.38 67,297.88 33.97 2,717.81 70,663.06 35.67 2,853.69 74,195.94 Human Resources Director 60 1105 613 83.84 6,707.02 174,382.52 - - - - - - - - - 117.37 9,389.86 244,136.36 Human Resources Technician 80 2107 816 35.60 2,847.61 74,037.86 37.38 2,990.61 77,755.86 39.24 3,139.47 81,626.22 41.21 3,297.06 85,723.56 43.27 3,461.48 89,998.48 I T Director 60 2113 624 82.73 6,618.79 172,088.54 - - - - - - - - - 115.83 9,266.29 240,923.54 I T Manager 80 2116 819 62.02 4,961.81 129,007.06 - - - - - - - - - 81.64 6,531.56 169,820.56 I T Technician 50 3101 542 41.29 3,303.34 85,886.84 43.36 3,468.49 90,180.74 45.52 3,641.87 94,688.62 47.80 3,823.97 99,423.22 50.19 4,015.19 104,394.94 Information Services Analyst 80 2118 831 52.17 4,173.96 108,522.96 - - - - - - - - - 68.68 5,494.16 142,848.16 Junior Engineer 50 2203 519 47.18 3,774.35 98,133.10 49.54 3,963.08 103,040.08 52.02 4,161.23 108,191.98 54.62 4,369.29 113,601.54 57.35 4,587.76 119,281.76 Junior Planner 50 2804 520 42.72 3,417.27 88,849.02 44.85 3,588.15 93,291.90 47.09 3,767.54 97,956.04 49.45 3,955.97 102,855.22 51.92 4,153.72 107,996.72 Legal Assistant 60 1124 689 39.30 3,144.37 81,753.62 41.27 3,301.59 85,841.34 43.33 3,466.69 90,133.94 45.50 3,640.00 94,640.00 47.77 3,821.99 99,371.74 Lifeguard 70 5610 710 16.40 1,312.00 34,112.00 - - - - - - - - - 21.56 1,724.80 44,844.80 Maint Worker III - 40 20 8619 234 40.15 3,211.67 83,503.42 42.16 3,372.50 87,685.00 44.26 3,541.02 92,066.52 46.48 3,718.22 96,673.72 48.80 3,904.09 101,506.34 Maintenance Assistant 20 8625 238 24.48 1,958.40 50,918.40 25.64 2,051.20 53,331.20 26.84 2,147.20 55,827.20 28.11 2,248.80 58,468.80 29.43 2,354.40 61,214.40 Maintenance Custodian I 20 8101 203 28.60 2,144.74 55,763.24 30.03 2,251.98 58,551.48 31.53 2,364.60 61,479.60 33.10 2,482.83 64,553.58 34.76 2,606.97 67,781.22 Maintenance Custodian I - 40 20 8107 222 28.60 2,287.74 59,481.24 30.03 2,402.10 62,454.60 31.53 2,522.22 65,577.72 33.10 2,648.35 68,857.10 34.76 2,780.74 72,299.24 Maintenance Custodian II 20 8102 204 31.46 2,359.27 61,341.02 33.03 2,477.20 64,407.20 34.68 2,601.08 67,628.08 36.41 2,731.06 71,007.56 38.24 2,867.65 74,558.90 Maintenance Custodian II - 40 20 8108 223 31.46 2,516.55 65,430.30 33.03 2,642.32 68,700.32 34.68 2,774.47 72,136.22 36.41 2,913.14 75,741.64 38.24 3,058.86 79,530.36 Maintenance Custodian III 20 8103 205 36.17 2,713.10 70,540.60 37.98 2,848.74 74,067.24 39.88 2,991.18 77,770.68 41.88 3,140.75 81,659.50 43.97 3,297.83 85,743.58 Maintenance Custodian III - 40 20 8618 233 36.18 2,894.16 75,248.16 37.98 3,038.65 79,004.90 39.89 3,191.03 82,966.78 41.88 3,350.28 87,107.28 43.97 3,517.40 91,452.40 Maintenance Worker I 20 8202 206 31.46 2,359.27 61,341.02 33.03 2,477.20 64,407.20 34.68 2,601.08 67,628.08 36.41 2,731.12 71,009.12 38.24 2,867.65 74,558.90 Maintenance Worker I-40 20 8203 207 31.74 2,539.49 66,026.74 33.32 2,665.64 69,306.64 34.99 2,799.51 72,787.26 36.74 2,939.14 76,417.64 38.58 3,086.49 80,248.74 Maintenance Worker II 20 8204 208 34.60 2,595.16 67,474.16 36.33 2,724.90 70,847.40 38.15 2,861.12 74,389.12 40.06 3,004.20 78,109.20 42.06 3,154.42 82,014.92 Maintenance Worker II-40 20 8205 209 34.91 2,792.76 72,611.76 36.66 2,932.40 76,242.40 38.50 3,079.75 80,073.50 40.41 3,232.86 84,054.36 42.43 3,394.64 88,260.64 Maintenance Worker III 20 8206 210 39.79 2,984.39 77,594.14 41.78 3,133.62 81,474.12 43.87 3,290.31 85,548.06 46.06 3,454.83 89,825.58 48.37 3,627.59 94,317.34 Maintenance Worker/Seasonal 70 8207 760 19.88 1,590.40 41,350.40 - - - - - - - - - 24.85 1,988.00 51,688.00 Management Analyst 80 2128 854 54.62 4,369.68 113,611.68 - - - - - - - - - 76.49 6,118.89 159,091.14 Marketing Coordinator 50 5614 548 40.10 3,207.70 83,400.20 42.10 3,368.08 87,570.08 44.21 3,536.47 91,948.22 46.42 3,713.30 96,545.80 48.74 3,898.97 101,373.22 Mayor 60 1118 696 26.09 521.88 13,568.88 - - - - - - - - - 26.09 521.88 13,568.88 Office Assistant I 50 6108 516 27.13 2,170.11 56,422.86 28.48 2,278.60 59,243.60 29.91 2,392.55 62,206.30 31.40 2,512.13 65,315.38 32.97 2,637.75 68,581.50 Office Assistant II 50 6109 517 29.84 2,387.01 62,062.26 31.33 2,506.32 65,164.32 32.90 2,631.71 68,424.46 34.54 2,763.29 71,845.54 36.27 2,901.39 75,436.14 Office Specialist 50 6110 518 34.31 2,745.05 71,371.30 36.03 2,882.34 74,940.84 37.83 3,026.49 78,688.74 39.72 3,177.85 82,624.10 41.71 3,336.66 86,753.16 Patrol Officer 40 4401 404 50.99 4,079.50 106,067.00 53.54 4,283.47 111,370.22 56.22 4,497.62 116,938.12 59.03 4,722.51 122,785.26 61.98 4,958.60 128,923.60 Patrol Officer Trainee 40 4402 458 49.90 3,991.89 103,789.14 52.39 4,191.41 108,976.66 55.01 4,401.03 114,426.78 57.76 4,621.05 120,147.30 60.65 4,852.06 126,153.56 Payroll Specialist 50 5102 546 36.65 2,931.78 76,226.28 38.48 3,078.37 80,037.62 40.40 3,232.28 84,039.28 42.42 3,393.91 88,241.66 44.54 3,563.55 92,652.30 Plan Check Engineer 50 3807 521 61.08 4,886.04 127,037.04 64.12 5,129.83 133,375.58 67.33 5,386.67 140,053.42 70.69 5,655.57 147,044.82 74.28 5,942.06 154,493.56 Plan Checker 50 3803 522 52.08 4,166.40 108,326.40 54.68 4,374.67 113,741.42 57.42 4,593.78 119,438.28 60.28 4,822.79 125,392.54 63.31 5,064.61 131,679.86 Plan Review Manager 60 1210 678 65.18 5,214.64 135,580.64 - - - - - - - - - 84.78 6,782.12 176,335.12 Planning Commissioners 70 1108 698 1.00 20.00 520.00 - - - - - - - - - 1.00 20.00 520.00 Planning Director 60 1803 607 83.95 6,715.81 174,611.06 - - - - - - - - - 117.53 9,402.14 244,455.64 Planning Manager 60 2803 602 63.98 5,118.53 133,081.78 - - - - - - - - - 89.57 7,165.93 186,314.18 Planning Technician 50 2813 554 38.00 3,040.05 79,041.30 39.90 3,192.38 83,001.88 41.91 3,352.54 87,166.04 43.99 3,519.54 91,508.04 46.19 3,695.33 96,078.58 Police Assistant 40 6401 450 48.46 3,876.41 100,786.66 50.88 4,070.19 105,824.94 53.42 4,273.69 111,115.94 56.09 4,487.40 116,672.40 58.90 4,711.78 122,506.28 Police Captain 60 1401 651 97.05 7,763.75 201,857.50 - - - - - - - - - 135.87 10,869.20 282,599.20 Police Clerk I 40 6402 451 34.73 2,778.57 72,242.82 36.47 2,917.51 75,855.26 38.29 3,063.37 79,647.62 40.21 3,216.55 83,630.30 42.22 3,377.31 87,810.06 Police Clerk II 40 6403 452 38.20 3,056.36 79,465.36 40.12 3,209.26 83,440.76 42.12 3,369.71 87,612.46 44.23 3,538.22 91,993.72 46.44 3,715.05 96,591.30 Police Clerk Supervisor 40 6404 454 44.13 3,530.17 91,784.42 46.33 3,706.71 96,374.46 48.65 3,892.00 101,192.00 51.08 4,086.62 106,252.12 53.64 4,290.94 111,564.44 Police Evidence Technician 40 8607 459 40.52 3,241.35 84,275.10 42.54 3,403.39 88,488.14 44.67 3,573.58 92,913.08 46.90 3,752.28 97,559.28 49.25 3,939.88 102,436.88 Police Lieutenant 40 2402 400 78.22 6,257.36 162,691.36 82.13 6,570.23 170,825.98 86.23 6,898.77 179,368.02 90.55 7,243.73 188,336.98 95.07 7,605.89 197,753.14 Police Officer 40 4403 403 55.76 4,460.97 115,985.22 58.55 4,684.09 121,786.34 61.48 4,918.27 127,875.02 64.55 5,164.14 134,267.64 67.78 5,422.41 140,982.66 Police Officer Trainee 40 4404 457 54.56 4,365.16 113,494.16 57.29 4,583.47 119,170.22 60.16 4,812.68 125,129.68 63.17 5,053.28 131,385.28 66.32 5,305.94 137,954.44 Police Sergeant 40 4405 401 67.36 5,388.98 140,113.48 70.73 5,658.44 147,119.44 74.27 5,941.35 154,475.10 77.98 6,238.50 162,201.00 81.88 6,550.42 170,310.92 Police Support Services Mgr 60 1404 657 62.05 4,964.09 129,066.34 - - - - - - - - - 86.88 6,950.04 180,701.04 Pool Manager 70 5608 708 18.74 1,499.20 38,979.20 - - - - - - - - - 26.23 2,098.40 54,558.40 Principal Civil Engineer 80 2204 822 65.18 5,214.64 135,580.64 - - - - - - - - - 84.78 6,782.12 176,335.12 Principal Planner 80 2811 823 67.21 5,376.42 139,786.92 - - - - - - - - - 81.40 6,511.68 169,303.68 73 Item # C9.
3/14/2023 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classification/Salary Table Effective 03/22/2023 4 Program Coordinator 50 5606 523 37.39 2,991.45 77,777.70 - - - - - - - - - 49.22 3,937.64 102,378.64 Public Information Officer 60 1122 674 61.58 4,926.60 128,091.60 - - - - - - - - - 86.22 6,897.25 179,328.50 Public Services Assistant I 50 6601 524 31.19 2,495.54 64,884.04 32.75 2,620.34 68,128.84 34.39 2,751.38 71,535.88 36.11 2,888.94 75,112.44 37.92 3,033.37 78,867.62 Public Services Assistant II 50 6602 525 34.31 2,745.08 71,372.08 36.03 2,882.37 74,941.62 37.83 3,026.48 78,688.48 39.72 3,177.86 82,624.36 41.71 3,336.66 86,753.16 Public Works Director 60 1204 635 86.32 6,905.59 179,545.34 - - - - - - - - - 120.85 9,667.85 251,364.10 Public Works Inspector 50 3202 526 50.37 4,029.41 104,764.66 52.89 4,230.92 110,003.92 55.53 4,442.42 115,502.92 58.31 4,664.57 121,278.82 61.22 4,897.77 127,342.02 Public Works Manager 60 1117 648 57.45 4,596.17 119,500.42 - - - - - - - - - 80.43 6,434.63 167,300.38 Public Works Manager - Utilities 60 1125 690 59.75 4,780.00 124,280.00 - - - - - - - - - 83.65 6,692.00 173,992.00 Purchasing Agent 80 1106 826 53.81 4,304.96 111,928.96 - - - - - - - - - 69.40 5,552.20 144,357.20 Recreation Administrative Asst 70 5619 712 16.40 1,312.00 34,112.00 - - - - - - - - - 21.56 1,724.80 44,844.80 Recreation Attendant 70 5618 711 16.40 1,312.00 34,112.00 - - - - - - - - - 21.56 1,724.80 44,844.80 Recreation Instructors 70 5607 707 18.82 1,505.60 39,145.60 - - - - - - - - - 37.64 3,011.20 78,291.20 Recreation Leader 70 5617 706 16.40 1,312.00 34,112.00 - - - - - - - - - 21.56 1,724.80 44,844.80 Recreation Services Supervisor 80 2601 827 51.40 4,112.34 106,920.84 - - - - - - - - - 67.65 5,412.39 140,722.14 Recreation Svcs Assistant I 50 8601 527 17.63 1,410.59 36,675.34 18.51 1,481.10 38,508.60 19.44 1,555.20 40,435.20 20.41 1,632.92 42,455.92 21.43 1,714.61 44,579.86 Recreation Svcs Assistant II 50 8602 528 20.94 1,674.82 43,545.32 21.98 1,758.74 45,727.24 23.08 1,846.63 48,012.38 24.24 1,939.01 50,414.26 25.45 2,035.91 52,933.66 Recreation Svcs Assistant III 50 8603 529 24.06 1,925.17 50,054.42 25.27 2,021.38 52,555.88 26.53 2,122.46 55,183.96 27.86 2,228.57 57,942.82 29.25 2,340.04 60,841.04 Recreation Svcs Assistant IV 50 8604 530 28.23 2,258.74 58,727.24 29.65 2,371.66 61,663.16 31.13 2,490.24 64,746.24 32.68 2,614.77 67,984.02 34.32 2,745.49 71,382.74 Retired Annuitant - Extra Help 70 5107 747 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Retired Annuitant - Interim 70 5108 748 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Risk Analyst 80 2130 857 42.48 3,398.78 88,368.28 - - - - - - - - - 55.92 4,473.83 116,319.58 Senior Accountant 80 2110 829 47.82 3,825.84 99,471.84 - - - - - - - - - 62.95 5,035.65 130,926.90 Senior Accounting Technician 50 6106 539 37.74 3,019.59 78,509.34 39.63 3,170.60 82,435.60 41.61 3,329.12 86,557.12 43.70 3,495.61 90,885.86 45.88 3,670.35 95,429.10 Senior Administrative Analyst 80 2112 834 52.82 4,225.77 109,870.02 - - - - - - - - - 69.53 5,562.61 144,627.86 Senior Building Inspector 50 3804 531 58.17 4,653.94 121,002.44 61.08 4,886.70 127,054.20 64.14 5,131.00 133,406.00 67.34 5,387.52 140,075.52 70.71 5,656.91 147,079.66 Senior Buyer 80 2129 856 50.76 4,060.88 105,582.88 - - - - - - - - - 61.80 4,943.98 128,543.48 Senior Executive Assistant 80 6123 855 45.50 3,639.93 94,638.18 - - - - - - - - - 59.89 4,790.99 124,565.74 Senior HR Analyst 80 2122 841 49.32 3,945.52 102,583.52 - - - - - - - - - 64.92 5,193.48 135,030.48 Senior Plan Check Engineer 50 3806 534 67.18 5,374.63 139,740.38 70.54 5,643.52 146,731.52 74.07 5,925.44 154,061.44 77.77 6,221.41 161,756.66 81.66 6,532.41 169,842.66 Senior Planner 80 2805 830 61.61 4,928.77 128,148.02 - - - - - - - - - 74.89 5,991.12 155,769.12 Senior Public Works Inspector 50 3203 535 58.17 4,653.97 121,003.22 61.08 4,886.70 127,054.20 64.14 5,131.01 133,406.26 67.34 5,387.52 140,075.52 70.71 5,656.91 147,079.66 Senior Public Works Lead 20 8609 225 53.22 4,257.61 110,697.86 55.88 4,470.49 116,232.74 58.68 4,694.02 122,044.52 61.61 4,928.70 128,146.20 64.69 5,175.28 134,557.28 Special Project Associate 70 5105 750 20.00 1,600.00 41,600.00 - - - - - - - - - 50.00 4,000.00 104,000.00 Sr Code Enforcement Officer 50 5806 545 51.68 4,134.64 107,500.64 54.26 4,340.56 112,854.56 56.98 4,558.18 118,512.68 59.83 4,786.42 124,446.92 62.82 5,025.25 130,656.50 Sr. Public Services Assistant 50 5615 549 38.27 3,061.96 79,610.96 40.19 3,215.06 83,591.56 42.20 3,375.81 87,771.06 44.31 3,544.60 92,159.60 46.52 3,721.83 96,767.58 Sr. Special Projects Associate 70 5106 749 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Staff Assistant 70 5104 745 16.40 1,312.00 34,112.00 - - - - - - - - - 24.64 1,971.20 51,251.20 Student Intern 70 5103 740 16.40 1,312.00 34,112.00 - - - - - - - - - 24.64 1,971.20 51,251.20 Transporation & Traffic Mgr 60 1202 675 61.58 4,926.60 128,091.60 - - - - - - - - - 86.22 6,897.25 179,328.50 Water Meter Technician I 20 8104 216 31.46 2,359.17 61,338.42 33.03 2,477.20 64,407.20 34.68 2,601.07 67,627.82 36.41 2,731.06 71,007.56 38.24 2,867.64 74,558.64 Water Meter Technician I -40 20 8620 235 31.46 2,516.64 65,432.64 33.03 2,642.48 68,704.48 34.68 2,774.21 72,129.46 36.41 2,912.82 75,733.32 38.24 3,059.31 79,542.06 Water Meter Technician II 20 8105 217 34.60 2,595.16 67,474.16 36.33 2,724.88 70,846.88 38.15 2,861.11 74,388.86 40.06 3,004.18 78,108.68 42.06 3,154.42 82,014.92 Water Meter Technician II -40 20 8621 236 34.60 2,768.30 71,975.80 36.34 2,906.93 75,580.18 38.14 3,051.44 79,337.44 40.06 3,204.80 83,324.80 42.06 3,365.04 87,491.04 Water Systems Operator 20 7211 219 48.09 3,606.73 93,774.98 50.49 3,786.68 98,453.68 53.02 3,976.38 103,385.88 55.67 4,175.21 108,555.46 58.45 4,383.99 113,983.74 Water Systems Operator - 40 20 8622 237 48.37 3,869.43 100,605.18 50.79 4,063.38 105,647.88 53.34 4,266.95 110,940.70 56.00 4,480.11 116,482.86 58.81 4,704.78 122,324.28 Union Code
10 20
40 50
60 70
80 Mid-Con - UPEC Mid-Mgmt-Confidential Unit
IAFF - International Association of Firefighters
MEA - Milpitas Employee Association
MPOA - Milpitas Police Officers Association
Pro-Tech - Milpitas Professional and Technical Group
Unrep - Unrepresented
Temps - Temporary
Union Description
74 Item # C9.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve the addition of Names to City Naming Lists and Name a New City Park the Delano Manongs Park (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 3/22/2022
Recommendation:
1) Approve adding Muwekma to the Influential People Naming List 2) Approve adding Delano Manongs to the Influential People Naming List 3) Approve naming a new park in the Metro Area the “Delano Manongs Park”

BACKGROUND:

On May 3, 2022, the City Council provided feedback to staff on the draft revision of the City Streets, Parks and Facilities Naming Policy (Policy), and on June 21, 2022, the City Council approved the Policy. Per the updated Policy, the City Council is to form an Ad Hoc City Council Naming Subcommittee (Subcommittee) to make recommendations to City Council on the naming of City streets, parks and facilities. On January 10, 2023, the Ad Hoc Naming Subcommittee was formed to review and recommend the naming of City streets, parks and facilities for final City Council approval.

On March 2, 2023 the Subcommittee reviewed and recommended two (2) new names for the “Influential People” Naming List and one (1) Park name for final City Council approval.

ANALYSIS:

Naming Lists
On March 2, 2023, the Subcommittee recommended adding “Muwekma” to the Influential People Naming List.

Per the City Streets, Parks and Facilities Naming Policy, the name qualifies under Policy sections:

2.7.3. Historical or cultural significance: the name of a historical figure can be considered, if the figure had a significant and extraordinary historical influence on the area, state, national, or international level;

2.7.7. A name should represent community values and consider future generations and ethnic diversity;

The aboriginal homeland of the Muwekma Ohlone Tribe includes Milpitas. Comprehensive genealogical analysis of the Mission Baptism, Death and Marriage Records from the three Bay Area Missions traces the surviving Muwekma lineages of the late 19th century through today back to their aboriginal villages. The present-day tribally enrolled Muwekma lineages are represented by the Armija/Thompson, the Santos-piños- Juarez/Colos/Armija, the Guzman/Nonessa, and the Marine-Guzman-Peralta, Marine-Alvarez/Galvan, Marine- Sanchez, Marine-Munoz, Munoz-Guzman, Marine-Arellano, and Marine-Elston/Thompson/Ruano descended families. The City of Milpitas collaborates with Muwekma Tribal leadership on City Cultural Flag raisings and the recent project, “If These Walls Could Talk,” history tours at the Alviso Adobe, where the Muwekma are featured and give a land acknowledgment for each historical tour.

The Subcommittee recommended adding “Delano Manongs” to the Influential People Naming List. Per the City Streets, Parks and Facilities Naming Policy, the name qualifies under Policy sections:

2.7.7. A name should represent community values and consider future generations and ethnic diversity;

In 1965, the Filipino laborer leader, Larry Itliong, led California grape pickers on a strike that resulted in a modern farmworker movement. Filipino farmworkers were the first to walk out of central valley vineyards, prompting the Delano Grape Strike. They would join forces with Mexican laborers led by Cesar Chavez to form the United Farm Workers. The strike was nationally notable and received support because of its boycotts, marches, and nonviolent resistance. “Manong” is a term of respect and is best translated as “older brother” or “uncle.” The term is often used for the wave of Filipino immigrants who came to the United States in the 1920s and 1930s. “Delano Manongs” has become synonymous with the movement.

Park Name
The Subcommittee has recommended a new City park in the Metro Area on McCandless Drive be named “Delano Manongs.” Per the Subcommittee, the park name would show respect and give appreciation to the Filipino American farmworkers and the Mexican American farmworkers who contributed to the worker’s rights movement, thusly honoring the importance of laborers to the County and to Milpitas.

POLICY ALTERNATIVE(S):

Alternative 1: Not Approve the addition of names to the Influential People Naming List Pros: None
Cons: Both proposed names, Muwekma and Delano Manongs, qualify under the Policy and represent Milpitas residents of Native American, Filipino and Mexican heritage.

Reason for Not Recommending: Both proposed names, Muwekma and Delano Manongs, qualify under the Policy and represent Milpitas residents of Native American, Filipino and Mexican heritage.

Alternative: Not Approve the naming of a new City park as Delano Manongs Park Pros: By not approving the Naming Subcommittee recommendation, another qualifying name on the City’s Naming Lists could be recommended for this new City park.

Cons: Names on the Influential People Naming List are eligible for Street, Park and Facility Naming. Delano Manongs qualifies under the Policy to be on the Influential People Naming List and represents Milpitas residents of Filipino and Mexican heritage.

Reason for Not Recommending: Names on the Influential People Naming List are eligible for Street, Park and Facility Naming. Delano Manongs qualifies under the Policy to be on the Influential People Naming List and represents Milpitas residents of Filipino and Mexican heritage.

FISCAL IMPACT:

There is no fiscal impact associated with adding the names Muwekma and Delano Manongs to the Influential People Naming List. Naming the new City park in the Metro Area on McCandless Drive for Delano Manongs will result in the ordering of a new park sign and park dedication plaque, for approximately $15,000. Park signage and dedication plaques are standard in new City parks. There are sufficient monies in the existing capital project, CP5102, for these planned park fixtures.

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.

RECOMMENDATION:
1) Approve adding “Muwekma” to the Influential People Naming List 2) Approve adding “Delano Manongs” to the Influential People Naming List 3) Approve naming a new park in the Metro Area the “Delano Manongs Park”

Attachment(s):
76 Item # C10.

City Streets, Parks, and Facilities Naming Policy
Influential People Naming List
77 Item # C10.

CITY OF MILPITAS
Revision Date
Original 04/21/2006
6/21/2022

CITY COUNCIL POLICY

Page 1 of 3 ends

1. PURPOSE

1.1. This Policy establishes the guidelines, criteria, and processes for naming City streets, parks, and other facilities.

1.2. This Policy is consistent with Milpitas Municipal Code, Title XI-1000 and Government Code Section 34093.

2. POLICY

2.1. The City shall have the sole authority and the City Council shall have the final authority to approve names of City Streets, Parks, and other Facilities.

2.2. The City Council Ad Hoc Naming Subcommittee shall evaluate names of City streets, parks and facilities, and shall make recommendations to the City Council.

2.3. Although the City will have full control and final decision-making authority on any names selected, public input will be received, and other names may be raised and requested to be considered by the City Council.

2.4. From time to time, the City Council shall approve names to be added to a list(s) of names suitable for streets, parks, and facilities.

2.5. No duplication of names within an asset type (i.e., park, facility, plaza) will be approved.

2.6. A deliberative process by City staff will be conducted to ensure that renaming of a street, park, and facility will not diminish the original justification for the name of the prior contributors. Parks and facilities named after individuals shall not be changed unless it is found that because of the individual’s character the continued use of their name would not be in the best interest of the community. Parks that have been named by deed restriction shall not be considered for renaming.

2.7. The following criteria and factors shall be considered with naming or renaming a street, park, or facility:

2.7.1. Neighborhood or geographical identification, such as street, school, or other descriptive names;

2.7.2. Natural or geological features of the area;

Click or tap here to enter
text.

CITY STREETS, PARKS AND

FACILITIES NAMING POLICY
Effective Date:
6/21/2022
Revision No:
1 Policy Administrator:

Recreation and Community Services
Next Review Due:

As needed
Related Policies and
Procedures:

Incorporates and
replaces SOP 1.3
Approved by:

Click or tap here to enter text.

Council meeting date, agenda item #, and
vote

Date Approved:
6/21/2022
78 Item # C10.

CITY OF MILPITAS
Revision Date
Original 04/21/2006

CITY STREETS, PARKS, AND FACILITIES NAMING POLICY / POLICY #

Page 2 of 3 ends

2.7.4. The name of any person or family that has made a significant impact in the community and/or in development of the street, park, or facility;

2.7.5. An individual or organization that contributed significantly to the acquisition or development of the park or facility to be named. This can include either a deed or substantial monetary contribution, or contribution toward the acquisition, and/or development of the park of facility. (Naming rights are not guaranteed if the donation is a dedication as required by the subdivision.)

2.7.6. The articulated preference of residents of the neighborhood surrounding the street, park, facility;

2.7.7. A name should represent community values and consider future generations and ethnic diversity;

2.7.8. If the name of an individual or family is to be considered, the use of such name shall have the approval of the individual (or his/her surviving family) or family when reasonably possible;

2.7.9. No seated elected official shall have their name added to a naming list or have a street, park or facility named after them while serving on the City Council.

2.7.10. Avoid confusing or similar sounding names (Public Safety Dispatch test);

2.7.11. Avoid changing street names along any continuous alignment (Continuity test).

2.8. Naming of parks and facilities near schools shall be coordinated with the Milpitas Unified School District as much as possible.

2.9. All naming and/or renaming of a park or facility will be set forth by a Council Resolution.

2.10. Should policy conflict with any City Ordinance, Code or other laws and regulations, the respective City Ordinance, Code or other laws and regulations shall prevail.

3. P ROCEDURE

3.1. Maintaining a List of Names for Naming Streets, Parks, and Facilities.

3.1.1. The Recreation and Community Services Department shall maintain a List of Names for Naming Streets, Parks, and Facilities.

3.1.2. As needed, the Director of Recreation and Community Services shall bring additions to the List of Names for Naming Streets, Parks, and Facilities to Council for approval at any regular or special meeting.

3.2. Naming of Streets, Parks, and Facilities

3.2.1. City street, park and facilities naming recommendations shall be brought to the City Council Ad Hoc Naming Subcommittee for recommendation to the City Council and may be considered at any regular or special City Council meeting.”.

3.2.2. Naming recommendations shall be from the City Council approved List of Names available from the Director of Recreation and Community Services.

3.3. Proposed names for new City streets, parks, and facilities should be considered during the entitlement process prior to the final map approval.

3.4. Names being considered for streets shall be reviewed by the City and County emergency services dispatch and Post Office to discourage names that are too similar or confusing that may hinder emergency response; or are otherwise inappropriate for public safety purposes. 79 Item # C10.

CITY OF MILPITAS
Revision Date
Original 04/21/2006

CITY STREETS, PARKS, AND FACILITIES NAMING POLICY / POLICY #

Page 3 of 3 ends

3.5. The following City Departments will contribute to the establishment and maintenance of databases for named streets, parks, and facilities:

3.5.1. Information and Technology Department – Maintain database of all City assets (streets, parks, and facilities)

3.5.2. Recreation and Community Services Department – Maintain Naming Lists, information about historical references, person’s full names, ancestry, dates of birth and death, and other information of interest about the person or group, and the significance of their name to Milpitas’ history and/or to that particular named asset.

3.5.3. Planning Department – Coordinate Street Naming related to new development, prepare, and maintain GIS databases for mapping of new facilities.

3.6. Renaming of a street, park, or facility

3.6.1. The renaming of a street, park, or facility may be initiated by City Council, City Commission, City staff, a group, or individuals.

3.6.2. The initiation of renaming by non-City organizations or individuals shall be made by participating during Public Forum at the appropriate advisory City Commission or City Council meeting.

3.6.3. The City Commission may place the request on the agenda for review of the proposed name(s), taking of public comment, and discussion of the renaming proposal consistent with this Policy.

3.6.4. When a City Commission considers the renaming proposal of a street, park, or facility, staff shall notify the surrounding neighborhood in a ¼ mile radius.

3.6.5. If the City Commission supports the renaming proposal, it will make a recommendation to the City Council for Council consideration.

3.7. The name of a park or facility that is sold, transferred to non-city ownership, or otherwise deemed to no longer be a City of Milpitas property, should be transferred to another location eligible for naming. Should there not be an appropriate location, the name shall be added to the appropriate Naming List for future use.

80 Item # C10.

City of Milpitas
Facilities, Streets & Park Naming Subcommittee
Naming List - Influential People
Approved for: Streets & Parks

Trailblazers
Christopher Columbus Columbus Cir./Russell Ln.

Henry Hudson
Amerigo Vespucci
Giovanni da Verrazzano
John Smith Smith Ln./Pimentel Cir.

John Muir
Meriwether Lewis
William Clark
Sacagawea
Neil Armstrong
John Wesley Powell
Ohlone
Muwekma
Civil Leaders
Martin Luther King Jr. King Ct./Sinclair Frontage Rd.

Robert E. Lee Lee Way/DeLong Dr.

Mohandas Gandhi
Thomas Paine
John Brown
Frederick Douglass
Susan B. Anthony
W.E.B. Du Bois
Tecumseh
Sitting Bull
Elizabeth Cady Stanton
Larry Itliong
Cesar Chavez Milpitas Community Garden
Delano Manongs
First Women
Pocahontas

NAME DEDICATION LOCATION
81 Item # C10.

Eleanor Roosevelt
Martha Washington Washington Dr./Square Dr.

Hellen Keller
Sojourner Truth
Jane Addams
Edith Wharton

Artists
Ansel Adams Adams Ave./N. Temple Dr.

Frank Lloyd Wright
Andy Warhol
Frederick Law Olmsted
James Abbott MacNeill Whistler
Jackson Pollock
John James Audubon
Georgia O’Keeffe
Thomas Eakins
Thomas Nast
Alfred Stieglitz
Mark Twain
Empire-builders
Andrew Carnegie Carnegie Dr./E. Calaveras Blvd.

John D. Rockefeller
J.P. Morgan
Walt Disney
Thomas Alva Edison
William Randolph Hearst
Howard Hughes
Bill Gates
Cornelius Vanderbilt
Steve Jobs
Athletes
Babe Ruth
Muhammad Ali
Jackie Robinson
James Naismith
Ty Cobb
Jim Thorpe
Billie Jean King King Ct./Sinclair Frontage Rd.

NAME DEDICATION LOCATION
82 Item # C10.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize City Manager to Execute Three-Year Agreement with the City of San Jose for Animal Control Services (Bill Tott, Building Official, 408 586- 3263)
Category: Consent Calendar-Community Development
Meeting Date: 3/21/2023
Recommendation: Approve and authorize the City Manager to execute a three-year service contract agreement with the City of San Jose for Animal Services in the amount of $1,655,696.64 for fiscal years 2023-2036 with two additional three-year options.

BACKGROUND:

Since July 1, 2001, the City of San Jose has provided the City of Milpitas with Animal Control Services. These services include field services, sheltering, medical services, monthly reporting and animal licensing for Milpitas residents. The San Jose Animal Shelter Facility is located at 2750 Monterey Road, near the County Fairgrounds. The most recent contract went from July 1, 2018 to June 30, 2021 and was extended for one year terminating on June 30, 2022, and then for another one year terminating on June 30, 2023.

ANALYSIS:

City staff have reviewed data for the most recent seven years in which the City of San Jose has provided animal control services. During this time an average of 630 animals per year have benefited from their services. They provide licensing for approximately 1,500 cats and dogs per year which provides the City of Milpitas approximately $45,000 a year in licensing revenues. The City of San Jose Animal Control Services respond to nearly1,200 calls per year related to sick, dangerous, deceased, or injured animals.

Animal Control Services Provided by the City of San Jose:
• Field Services - Pick up dead and injured animals, confining stray animals, response to emergency calls, investigating complaints, respond to police assistance. • Response Time Performance Standards - Priority 1, 2, 3 and 4 calls, and responding to after business hour calls;
• Sheltering Services - Sheltering abandon, impounded, lost or stray animals, quarantine of biting animals, rabies testing of suspect animals, provisions for surrender and claim animals of abandoned, lost or stray, euthanization and disposal of abandoned, lost or stray animals; • Medical Services - Provisions for veterinarian services 24 hours per day to treat and provide veterinarian care to stray, injured or sick animals;
• Dead Animals Services - Pick up dead animals.

The City of San Jose provides the City of Milpitas with monthly reports regarding the number of calls for service, response time to the calls and the number of animals taken to the shelter. To date, the partnership with the City of San Jose Animal Control Services has worked effectively for the City.

To ensure that we continue to look for the most optimum and cost effective service delivery option, staff conducted extensive research on alternatives to provide animal control services for the City of Milpitas.

Three options were considered - working with the Humane Society, working with Silicon Valley Animal Control Authority (SVACA), and providing the services in-house.

The Humane Society is local and a valuable part of the community but lacks the infrastructure to provide all the services the City of Milpitas needs. They are not able to provide field services to pick up or deliver stray, sick, injured, and deceased animals as they lack the staffing and vehicles to provide these services. They also lack 83 Item # C11.

the staffing to be able to respond to emergency calls after hours, and they lack 24-hour veterinary services.

Additionally, they lack the ability to hold and administer administrative hearings and to do animal licensing.

Silicon Valley Animal Control Authority (SVACA) is another great organization located in Santa Clara County, however, there are upfront costs required to join that makes it disadvantageous for the City of Milpitas to join SVACA at this time. It was determined that the City of Milpitas would have to contribute $100,000 for data transfer and set-up costs, and for uniforms for employees to service Milpitas. Additionally, Milpitas would be required to purchase a vehicle for transferring and collecting animals which would have cost $50,000. Due to supply chain issues and inflation these costs would be higher at this time. At the time staff conducted its’ investigation, annual costs for SVACA would have been an additional $20,000 over the costs to receive similar services from the City of San Jose for Animal Control services. An additional non-monetary challenge is that SVACA sets its rates every year, which presents a challenge for budgeting and long-term planning.

Additionally, by joining SVACA the City of Milpitas would no longer receive fees from cat and dog licensing which helps offset the cost of animal services by approximately $45,000 a year.

With regards to providing animal control services in-house, preliminary research by staff showed that the cost of providing animal control services in-house would be difficult to justify. Start-up capital costs would involve several million dollars to acquire a building, vehicles and equipment, as well as the staffing costs to operate a 24-hour facility with onsite veterinary staff and field staff. It is estimated that the cost of having a minimum of six staff to operate this program alone would cost more than the cost of partnering with the City of San Jose to provide the City of Milpitas with animal control services.

The City of San Jose recently did a cost study analysis and based off of this analysis it provided rates for the City of Milpitas as shown below. These rates are higher than the City of Milpitas had in the prior contract, and by agreeing to a longer contract than in the past the City can isolate itself better against larger rate increases and provide a continuum of care of animal services and animal licensing for its residents. Based on staff research it appears that longer contracts could save the City of Milpitas significantly over time, and this excludes the cost of staff time for both Milpitas and San Jose staff that is involved in negotiating and executing contracts on a repetitive short-term basis. In reviewing prior animal control services contracts, it was determined that the City could have saved approximately 3% per year by utilizing longer contracts for these services.

Based on staff’s extensive research it is recommended that the City of Milpitas execute this contract with the City of San Jose as it provides nine years of stability for the City of Milpitas in terms of Animal Services.

Additionally, the City of San Jose collects and gives to the City of Milpitas animal licensing fees which are approximately $45,000 per year. During this three year contract with two three-year extensions, the City of Milpitas will receive approximately $405,000 back from animal licensing fees, which offsets a small portion of these costs.

The Contract will be for a total of nine years, composed of a three-year initial contract, and two additional three-year extensions. The cost breakdown is shown below.

The initial term of the proposed agreement is from July 1, 2023 through June 30, 2026 with compensation of $530.400 in the first year. Thereafter, the annual contract amount will increase by four percent (4%) each following fiscal year. The initial terms including the four percent (4%) increase results in the following compensation for the City of San Jose:

Initial Term

July 1, 2023 through June 30, 2024: $530,400
July 1, 2024 through June 30, 2025: $551,616
July 1,2025 through June 30, 2026: $573,680
Total Compensation: $1,655,696
1st Option Term

July 1, 2026 through June 30, 2027: $596,628 84
Item # C11.

July 1, 2027 through June 30, 2028: $620,493
July 1, 2028 through June 30, 2029: $645,313
Total Compensation: $1,862,434

2nd Option Term

July 1, 2029 through June 30, 2030: $671,125
July 1, 2030 through June 31, 2031: $697,970
July 1,2031 through June 30, 2032: $725,890
Total Compensation: $2,094,985

Total Agreement Compensation is $1,655,696 for the first term with a total contract price, including the options, of $5,613,115.

The contract does not include the provisions of the Wage Theft Procurement Policy as the City of San Jose is itself a charter city organized under the California Constitution and the provisions of its charter with its own police powers. The City of Milpitas’s police powers do not extend to the City of San Jose.

FISCAL IMPACT:

This contract will have a fiscal impact of $1,655,696 during the first term and a total of $5,613,115 if both options are exercised. It is a continuation of a service provided for the Milpitas community by the City of San Jose since 2001 and is not a new expenditure. The City of San Jose collects and gives to the City of Milpitas animal licensing fees which are approximately $45,000 per year. During this three year contract the City of Milpitas will receive approximately $135,000 back from animal licensing fees, which results in a net contract cost over the three year period of approximately $1,520,696. Fiscal Year 2023-24 contract amount of $530,400 is currently included in the proposed base budget, subject to Council adoption on June 6, 2023. Outyear contract amounts are subject to available annual appropriation.

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:

Approve and authorize the City Manager to execute a three-year service contract agreement with the City of San Jose for Animal Services in the amount of $1,655,696.64 for fiscal years 2023-2036 with two additional three year options.

Attachment(s):

Agreement for Animal Services between the City of San Jose and the City of Milpitas 85 Item # C11.

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T-3052/1980993 1

AGREEMENT FOR ANIMAL SERVICES

BETWEEN THE CITY OF SAN JOSE

AND THE CITY OF MILPITAS

This AGREEMENT is made and entered into this ____day of _______________, 20__, by and between the CITY OF SAN JOSE, a municipal corporation, (hereinafter “SAN JOSE”), and the CITY OF MILPITAS, a municipal corporation, (hereinafter “MILPITAS”). SAN JOSE and MILPITAS are sometimes referred to herein individually as “Party” and collectively as “Parties.”

THE PARTIES HEREBY AGREE AS FOLLOWS:

SECTION 1. SCOPE OF SERVICES.

SAN JOSE shall perform those services specified in detail in EXHIBIT A, entitled “SCOPE OF SERVICES”, which is attached hereto and incorporated herein.

SECTION 2. TERM OF AGREEMENT.

A. Initial Term.

The initial term of this AGREEMENT shall be from July 1, 2023 (“Commencement Date”) through June 30, 2026, inclusive, subject to the provisions of SECTION 8 of this AGREEMENT (“Initial Term”). Regardless of the date of execution of this AGREEMENT, this AGREEMENT is effective as of the Commencement Date.

B. Options to Extend.

The Parties may extend the term of the AGREEMENT in two (2) additional three- year increments (“Option Terms”) through June 30, 2032, subject to the appropriation of funds and to any adjustments for compensation as set forth in EXHIBIT B. The Parties shall exercise any Option Terms by executing a Notice of Exercise of Option in the form set forth in EXHIBIT C no less than one hundred and eighty days (180) days prior to the expiration of the Initial Term or 86 Item # C11.

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the expiration of an Option Term, whichever is applicable. All terms and conditions of this AGREEMENT shall remain in full force and effect during any and all Option Terms.

C. Appropriation of Funds.

The Parties’ funding of this AGREEMENT shall be on a fiscal year basis (July 1 to June 30) and is subject to annual appropriations by the City Councils of SAN JOSE and MILPITAS. Accordingly, the Parties agree that the exercise of any option to extend by the Parties is contingent upon the appropriation of funds.

SECTION 3. COMPENSATION.

The rate and schedule of payment to be paid to SAN JOSE is set out in EXHIBIT B, entitled “COMPENSATION,” which is attached hereto and incorporated herein.

SECTION 4. INDEPENDENT CONTRACTOR RELATIONSHIP.

This AGREEMENT shall in no way be construed to constitute SAN JOSE as the partner, legal representative, or employee of MILPITAS or MILPITAS of SAN JOSE for any purpose whatsoever, or as the agent of MILPITAS or SAN JOSE, and neither Party shall act or attempt to act or represent itself directly or by implication as having such status or relationship. The Parties shall have the relationship of independent contractors, and except as specifically provided in this AGREEMENT, each Party shall be solely responsible for all obligations and liabilities pertaining to the business, activities, and facilities of that Party. As an independent contractor, the Parties shall obtain no rights to retirement benefits or other benefits, which accrue, to the Parties’ respective employees, and the Parties hereby expressly waive any claim either of them may have to any such rights.

SECTION 5. ASSIGNABILITY.

SAN JOSE and MILPITAS acknowledge and agree that the expertise and experience of SAN JOSE are material considerations inducing MILPITAS to enter into this AGREEMENT. MILPITAS acknowledges and accepts that a portion of the services 87 Item # C11.

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provided under this AGREEMENT shall be provided by a handler of dead deer a nd livestock, wildlife services, and/or independent veterinary doctors. Neither Party shall assign or transfer any interest in this AGREEMENT, or the performance of any obligations hereunder, other than those services provided by the handler of dead deer and livestock, wildlife services, and/or independent veterinary doctors, without the prior written consent of the other, and any attempt by either of the Parties to assign this AGREEMENT or any rights, duties or obligations arising hereunder shall be void and of no effect.

SECTION 6. INDEMNIFICATION.

In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Government Code section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata as defined in Government Code section 895.6, but instead SAN JOSE and MILPITAS agree that pursuant to Government Code section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Party, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of and only to the extent of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such Party under this AGREEMENT. No Party, nor any officer, board member, employee or agent thereof shall be responsible to the extent any damage or liability occurs by reason of the negligent acts or omissions or willful misconduct of other Parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other Parties under this AGREEMENT.

SECTION 7. NONDISCRIMINATION.

The Parties shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, 88 Item # C11.

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disability, ethnicity, or national origin, in connection with or related to the performance of this AGREEMENT.

SECTION 8. TERM AND TERMINATION OF AGREEMENT
A. Termination
This AGREEMENT may be terminated earlier at any time:

1. Upon the written consent of both MILPITAS and SAN JOSE;

2. By either MILPITAS or SAN JOSE immediately upon notice to the other, if the other breaches any material obligation under this AGREEMENT and such breach remains unremedied for at least thirty (30) days following written notice thereof to the breaching Party;

3. Immediately upon written notice by MILPITAS to SAN JOSE if SAN JOSE has a receiver appointed for all or substantial part of its business or assets, if a bankruptcy proceeding is brought by or against SAN JOSE as a debtor, or if SAN JOSE ceases its business operations; or

4. Upon at least one hundred eighty (180) days prior written notice by MILPITAS to SAN JOSE or SAN JOSE to MILPITAS of that Party’s desire to terminate this AGREEMENT. If MILPITAS does not appropriate the full amounts due to SAN JOSE under this AGREEMENT for FY 2023-2024 or on or before June 30 of the year directly preceding the fiscal year for which Animal Services, as defined in EXHIBIT A, are provided by SAN JOSE; then that action shall, as of the same June 30, constitute the start of the 180-day notice of termination of this AGREEMENT by MILPITAS pursuant to this SECTION.

B. Effects of Termination
Upon the effective date of any termination of this AGREEMENT, SAN JOSE’ s obligation to provide Animal Services to MILPITAS under this AGREEMENT shall cease, and MILPITAS’ obligation to make payments hereunder for periods of time after the effective date of termination shall cease, provided that the Parties shall have any and all remedies available under law for any breach of this 89 Item # C11.

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AGREEMENT. The Parties may also elect to negotiate a new agreement for the provision of Animal Services upon the effective date of termination.

C. Termination Costs
In the event MILPITAS elects to terminate this AGREEMENT with SAN JOSE, MILPITAS shall pay SAN JOSE the Contract Amount in EXHIBIT B at a prorated daily rate up to the date of termination.

SECTION 9. GOVERNING LAW.

The Parties agree that the law governing this AGREEMENT shall be that of the State of California.

SECTION 10. COMPLIANCE WITH LAWS.

The Parties shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments.

SECTION 11. CONFIDENTIAL INFORMATION.

All data, documents, discussions or other information developed or received by or for the Parties in performance of this AGREEMENT are confidential and not to be disclosed to any person except as authorized by the Parties, or as required by law.

SECTION 12. WAIVER.

No delay or failure of either Party to exercise or enforce at any time any right or provision of this AGREEMENT shall be considered a waiver thereof or of such Party’s right thereafter to exercise or enforce each and every right and provision of this AGREEMENT. The Parties agree that waiver of any breach or violation of any term or condition of this AGREEMENT shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by MILPITAS of the performance 90 Item # C11.

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of any work or services by SAN JOSE shall not be deemed to be a waiver of any term or condition of this AGREEMENT.

SECTION 13. GIFTS.

A. The Parties are familiar with the prohibition against the acceptance of any gift by an officer or designated employee of SAN JOSE or MILPITAS.

B. SAN JOSE agrees not to offer any MILPITAS officer or designated employee any gift prohibited by MILPITAS. MILPITAS agrees not to offer any SAN JOSE officer or designated employee any gift prohibited by SAN JOSE.

C. The offer or giving of any gift prohibited by SAN JOSE or MILPITAS shall constitute a material breach of the AGREEMENT. In addition to any other remedies the Parties may have in law or equity, the Parties may terminate this AGREEMENT for such breach as provided in SECTION 8 of this AGREEMENT.

SECTION 14. NOTICES.

Any notices or other communications required or permitted to be given under this AGREEMENT shall be in writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective Parties as follows:

To SAN JOSE:

San José Animal Care and Services
2750 Monterey Rd
San José, CA 95111

To MILPITAS: City of Milpitas
Building Safety and Housing Department
455 E. Calaveras Blvd
Milpitas, CA 95035

Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail.

91 Item # C11.

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SECTION 15. VENUE
In the event that suit shall be brought by any Party to this AGREEMENT against another Party, the Parties agree that the venue shall be exclusively vested in the state courts of the State of California, County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San José, California.

SECTION 16. PRIOR AGREEMENTS AND AMENDMENTS.

This AGREEMENT, including all Exhibits attached hereto, represents the entire understanding of the Parties as to those matters contained herein. In the event that the terms specified in any of the Exhibits attached hereto conflict with any of the terms specified in the body of this AGREEMENT, the terms specified in the body of this AGREEMENT shall control. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This AGREEMENT may be modified only by a written amendment duly executed by the Parties to this AGREEMENT.

SECTION 17. INTERPRETATIONS.

In construing or interpreting this AGREEMENT, the word “including” shall not be limiting. The Parties agree that this AGREEMENT shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either Party.

SECTION 18. INVALID PROVISIONS.

If any provision of this AGREEMENT shall be held illegal, invalid, or unenforceable, in full or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the other provisions of this AGREEMENT shall not be affected thereby.
92 Item # C11.

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SECTION 19. FURTHER DOCUMENTS.

The Parties agree, upon request, to sign and deliver such other documents as may be reasonably required to carry out the intent and provision of this AGREEMENT.

SECTION 20. COUNTERPART EXECUTION.

This AGREEMENT may be executed in any number of counterparts and by each Party in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute one and the same instrument.

SECTION 21. USE OF ELECTRONIC SIGNATURES.

Unless otherwise prohibited by law or SAN JOSE policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by SAN JOSE.

93 Item # C11.

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WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written.

APPROVED AS TO FORM:

_______________________________

MICHAEL MUTALIPASSI
City Attorney

CITY OF MILPITAS, a municipal
corporation

By ______________________________
STEVEN G. MCHARRIS
City Manager

APPROVED AS TO FORM:

_________________________________

ARLENE SILVA
Senior Deputy City Attorney

CITY OF SAN JOSE, a municipal
corporation

By ______________________________

SARAH ZARATE
Director, Office of the City Manager

94 Item # C11.

T-3052/1980993 A-1

EXHIBIT A

SCOPE OF SERVICES

For the consideration set forth herein, SAN JOSE shall provide to MILPITAS the Field Services, Shelter Services, and Dead Animal Services as described in this AGREEMENT. These three categories of service are sometimes collectively referred to herein as the “Animal Services,” and each category of services is sometimes hereinafter referred to as a “Program Unit.” Calls for animal-related services which are not provided by SAN JOSE shall be referred by SAN JOSE to the appropriate code enforcement agency of MILPITAS, either in writing or by electronic mail. The Animal Services shall be provided by SAN JOSE in accordance with all applicable federal, state and local laws and ordinances.

SECTION 1. DEFINITIONS
A. “Aggressive Bite” means a bite which punctures the skin or tissue of a human or another animal.

B. “Critically Sick or Injured Animals” means those animals that have life-threatening conditions.

C. “Dangerous Animal” means any animal which, because of its size, disposition or other characteristics, would constitute a danger to humans or other domestic animals, and includes any dog classified as a Level 3, 4, or 5 dangerous or potentially dangerous dog as defined in the Milpitas Municipal Code Chapter 210, or, any dog that is the perpetrator of an unprovoked bite or attack on humans or other domestic animals as documented in an Incident Report by San José Animal Care and Services or the Milpitas Police Department.

D. “Emergency Calls” means complaints of animal bites or attacks on humans or domestic animals that are in progress, or, where a bite or attack has occurred, where the animal remains an immediate threat to humans.

E. “Holidays” are New Year’s Eve, New Year’s Day, Easter Sunday, Memorial Day, July 4, Labor Day, Thanksgiving, Christmas Day, and the day before and the day after Christmas Day.
95 Item # C11.

T-3052/1980993 A-2
F. “Livestock” means large domesticated agricultural animals, such as a cow, bull, steer, horse, sheep, goat, pig or other large agricultural animals.

G. “Physical Injury” means an injury suffered as the result of an attack by a dog, including, but not limited to falls, sprains, broken bones, blunt trauma, contusions, hematomas, or other injuries.

H. “Serious Injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations, or requires multiple sutures or corrective or cosmetic surgery.

SECTION 2. FIELD SERVICES
A. Field Services
SAN JOSE shall provide vehicles, communications equipment, office supplies, field and administrative personnel, and any other personnel, supplies and equipment, reasonably required to perform the following services (the “Field Services”) upon a request or complaint from MILPITAS or from a person within the bou ndaries of MILPITAS:

1. Pick up of stray dogs, and other small domestic animals, including rabbits, chickens, turkey, geese, and ducks, and excluding confined wildlife as defined in Section 711.2 of the California Fish and Game Code, such as opossums, raccoons, skunks, or squirrels, that have been confined by MILPITAS or by a person within the boundaries of MILPITAS;

2. Pick up of dead animals, including wildlife, in accordance with SECTION 4;

3. Pick up of injured stray dogs or cats and other small domestic animals, without regard to weight, excluding birds, and injured wildlife that weigh fifty pounds (50 lbs.) or less, that are located on public property or readily accessible on private property with the consent of the property owner or the property owner’s authorized agent;

4. Response to Emergency Calls;

5. Investigate complaints of animal bites or attacks on humans or other domestic animals, including the preparation of a report, interviewing the parties involved, quarantining animals which have bitten humans, preparing and transporting 96 Item # C11.

T-3052/1980993 A-3
biting animals for rabies testing, and investigating alleged violations of a quarantine order. An incident report is to be provided to the designated appropriate MILPITAS Code Enforcement official within five (5) business days of the incident, including licensing information for the subject animal(s). a) SAN JOSE will meet and conduct a personal interview(s) with the owner in order to complete the investigation and quarantine the animal as necessary.

6. Investigate and refer complaints of Dangerous or Potentially Dangerous Dogs to the appropriate Code Enforcement official in MILPITAS for resolution.

Investigations shall include preparation of a report and may include interviewing the parties involved, and collecting available historical data;

7. Investigate and refer complaints of Dangerous Animals to the appropriate Code Enforcement official in MILPITAS for resolution. Investigations shall include taking a report and may include interviewing the parties involved, and collecting available historical data;

8. Respond to complaints of dogs running at large, attempt to capture them, and provide follow-up patrol if appropriate and subject to the availability of SAN JOSE staff;

9. Respond to complaints in progress of domestic animals causing a nuisance, except domestic animals making noise, and provide follow-up patrol if appropriate and subject to the availability of SAN JOSE staff;

10. Respond to police assist calls on animal-related issues which may include taking control of an animal on the scene; and

11. Investigate and refer to the appropriate Code Enforcement official in MILPITAS for resolution of complaints regarding the lack of proper care, condition, or attention of domestic animals by their owners.

B. Response Time Performance Standards

1. SAN JOSE shall make all good faith efforts to respond to complaints and requests received by SAN JOSE at a performance standard level that is no less than the following:
97 Item # C11.

T-3052/1980993 A-4
a) PRIORITY 1 – Response to Emergency, Police Assist, Dangerous Animal, and Critically Sick or Injured Animal calls for assistance.

1.) Response shall be twenty-four (24) hours per day, seven (7) days per week. Eighty-five percent (85%) of responses on all PRIORITY 1 calls shall occur within one (1) hour or less from the time the call for service is received by SAN JOSE staff to the time SAN JOSE personnel arrive on the scene.
b) PRIORITY 2 – Pick up animals that were running at large and that are now confined by MILPITAS or by a person within the boundaries of MILPITAS and calls regarding urgent, but not immediately life threatening animal-related requests for assistance.

1.) Eighty percent (80%) of responses on all PRIORITY 2 calls received between 7:00 a.m. and 5:00 p.m. shall be within six (6) hours or less from the time the call for service is received by SAN JOSE staff to the time SAN JOSE personnel arrive on the scene.

2.) Response to calls received between the hours of 5:00 p.m. and 7:00 a.m. shall be responded to no later than 7:00 p.m. the following day. c) PRIORITY 3 – Response to calls relating to non-emergency attacks, non- critically injured or sick animals, quarantine calls, animals running at large, animals causing a nuisance and pick up of dead animals.

1.) Seventy-five percent (75%) of responses on all PRIORITY 3 calls received between 7:00 a.m. and 5:00 p.m. shall be within twelve (12) hours or less from the time the call for service is received by SAN JOSE staff to the tim e SAN JOSE personnel arrive on the scene.

2.) Response to calls received between the hours of 5:00 p.m. and 7:00 a.m. shall be responded to no later than 11:00 p.m. the following day.

3.) Response to these complaints will only be after PRIORITY 1 and 2 complaints are met for MILPITAS. Responding to these complaints may include taking a report, contacting parties and witnesses by telephone, or dispatching personnel to the scene.

98 Item # C11.

T-3052/1980993 A-5
C. Response After Business Hours
Between the hours of 5:00 p.m. and 7:00 a.m., SAN J OSE shall be required to respond to PRIORITY 1 calls only. The hours between 5:00 p.m. and 7:00 a.m. shall not be included in calculating the response time length for PRIORITY 2 and 3 calls when including these hours would result in a failure by SAN JOSE to meet the performance standards set forth above.

D. Operating Schedules

1. SAN JOSE shall be required to respond to all complaints and requests in accordance with SECTION 2.B. and SECTION 2.C., except SAN JOSE shall respond only to PRIORITY 1 calls on Sundays.

2. Except with respect to PRIORITY 1 calls, SAN JOSE shall have no obligation to respond on Holidays or outside of the regularly scheduled shift hours of SAN JOSE. SAN JOSE shall respond to PRIORITY 1 calls twenty-four (24) hours per day, every day, including all Holidays.

E. Excluded Services
While SAN JOSE may already perform some of the following services under other authority, the following services are not included in the services to be provided by SAN JOSE under this AGREEMENT:

1. Removal and disposal of dead marine animals;

2. Pick up and transportation of uninjured or healthy, living wildlife;

3. Pick up of alive or dead animals for surrender at an owner’s request. SAN JOSE may provide these services and charge a fee therefore as a part of its operations separate and apart from this AGREEMENT;

4. Issuance of citations for violations in accordance with MILPITAS ordinances;

5. Investigation and resolution of activities that may be criminal in nature, such as neglect, cruelty, and animal fighting, including the preparation of documents for criminal prosecution by the District Attorney’s office and testifying in court;

6. Permitting or inspection of events with animals; and

7. Investigation of complaints that only relate to domestic animals making noise. 99 Item # C11.

T-3052/1980993 A-6

SECTION 3. SHELTER SERVICES
A. Shelter Services
SAN JOSE shall provide or under contract provide shelter facilities, supplies, animal attendants, supervisors and administrative personnel, and any other personnel, supplies and equipment, reasonably required to perform the following services (“Shelter Services”):

1. Shelter of abandoned, impounded, lost or stray domestic animals brought to the shelter by MILPITAS, its residents, or SAN JOSE personnel;

2. Quarantine of biting animals;

3. Rabies testing of suspect animals;

4. Provision for reclaim of abandoned, lost or stray domestic animals during established business hours; and

5. Euthanization and disposal of abandoned, lost, impounded, or stray domestic animals that are unclaimed by their owners and fail to meet the written health and temperament standards of San José Animal Care and Services.

B. Medical Services
As part of the Shelter Services, SAN JOSE shall provide or under contract provide office facilities, supplies, and professional and trained personnel, employed or under contract, necessary to perform the following services (“Medical Services”):

1. Provision of veterinarian services twenty-four (24) hours per day to treat and provide veterinarian care to stray, injured, or sick dogs, cats, and other impounded animals;

2. Monitor quarantined animals;

3. For a fee conduct vaccination clinics and have available, free of charge to the public, rabies control information; and

4. For a fee at the same rate established for San José residents, provide access to the SAN JOSE low cost spay and neuter clinic, if such a clinic is made available to San Jose residents.

100
Item # C11.

T-3052/1980993 A-7
C. Operating Schedules
SAN JOSE shall provide or under contract shall provide Shelter Services for the animals twenty-four (24) hours a day, seven (7) days a week. SAN JOSE shall provide or under contract provide emergency veterinary services in accordance with Section 597 (f) of the California Penal Code.

SECTION 4. DEAD ANIMAL SERVICES
SAN JOSE shall provide or under contract provide vehicles, storage facilities, disposal mechanisms, field and administrative personnel, and any other personnel, supplies and equipment reasonably required to perform the following services (“Dead Animal Services”):

1. Pick up of dead animals, including wildlife and except livestock, from streets and public property within MILPITAS, or from private property within MILPITAS with the consent of the property owner, or the property owner’s authorized agent in accordance with SECTION 2.B.1.(c);

2. Identification of and notification to the owner of the dead animal, whenever possible; and

3. Disposal of the body of the dead animal.

SECTION 5. RECORDS REGARDING ANIMAL SERVICES
A. Monthly Report
SAN JOSE shall deliver to MILPITAS during the term of this AGREEMENT, and within thirty (30) days of the end of each month, a monthly Animal Control and Impound Report summarizing monthly and year-to-date services provided by SAN JOSE for MILPITAS. This report shall include, but not be limited to, the following information:

1. The total number of calls for service provided by SAN JOSE under this AGREEMENT, separated by type of service call established by SAN JOSE, so long as the numbers for the different types of PRIORITY service calls are each shown separately and as a subgroup;

2. Field Services Calls
101
Item # C11.

T-3052/1980993 A-8
a) Complaints relating to animal bites or attacks, including property address. b) Complaints relating to Dangerous or Potentially Dangerous Dogs, including property address.

B. Additional Reporting
SAN JOSE shall deliver to MILPITAS during the term of this AGREEMENT, and within thirty (30) days of the end of each quarter, a report summarizing monthly and quarterly response times provided by SAN JOSE for MILPITAS. This report shall include, but not be limited to, the following information:

1. Monthly Response Times:
a) The average response time, the shortest and longest response times for calls in each of the following PRIORITIES. For PRIORITY 1, 2 and 3 calls, SAN JOSE shall report average response times, and shortest and longest response times by each type of call within that priority. b) Response times for PRIORITY 1 calls shall be in minutes, rounded off to the nearest minute. Response times for PRIORITY 2 calls shall be in hours and minutes, rounded off to the nearest minute. Response times for PRIORITY 3 calls shall be in hours, rounded off to the nearest hour. c) The percentage of calls grouped by PRIORITY 1, 2, and 3, that met the response time performance standards, along with the total number of responses in each priority category.

2. Other Reports, as determined by MILPITAS.

SECTION 6. OTHER RESPONSIBILITIES
A. Delivery of Animals to SAN JOSE
Animals to be impounded by SAN JOSE that are taken into custody by MILPITAS shall be promptly delivered to SAN JOSE’s shelter or held in a humane way at a designated holding area until such animals can be picked up by SAN JOSE; provided however, that any such animal may be reclaimed as appropriate, from MILPITAS by its owner.

102
Item # C11.

T-3052/1980993 A-9
B. Responsibility for Administrative Hearings
SAN JOSE shall not be responsible for nor bear the costs of scheduling and conducting any required hearings regarding Dangerous or Potentially Dangerous Dogs. If needed or appropriate, SAN JOSE personnel shall appear at any such hearing at no additional cost to MILPITAS.

C. Licensing
SAN JOSE shall maintain a license database and administer license processing, issuance, and renewals on behalf of MILPITAS. Licensing information shall be included on all Incident Reports and, additionally, provided to MILPITAS on an as requested basis. SAN JOSE shall collect all associated license fees on behalf of MILPITAS, at the fee amounts set by MILPITAS. Any license fees or late fees collected from dog and cat owners in MILPITAS shall be remitted to MILPITAS on a monthly basis.
103
Item # C11.

T-3052/1980993 B-1

EXHIBIT B

COMPENSATION

A. Payment Amounts
For all Animal Services to be provided by and for the performance of all other obligations of SAN JOSE to MILPITAS under this AGREEMENT, MILPITAS agrees to pay SAN JOSE after the execution of this AGREEMENT the sum of Five Hundred Thirty Thousand Four Hundred Dollars ($530,400) for the period of July 1, 2023 through June 30, 2024 per the payment schedule below . Thereafter, the annual Contract Amount shall increase by four percent (4%) each fiscal year, subject to the appropriation of funds and the execution of a Notice of Exercise of Option to Extend Term in the form of Exhibit C, as follows:

INITIAL TERM YEARLY COMPENSATION
July 1, 2023 through June 30, 2024 $530,400.00
July 1, 2024 through June 30, 2025 $551,616.00
July 1, 2025 through June 30, 2026 $573,680.64

1ST OPTION TERM YEARLY COMPENSATION
July 1, 2026 through June 30, 2027 $596,627.86
July 1, 2027 through June 30, 2028 $620,492.97
July 1, 2028 through June 30, 2029 $645,312.68

2ND OPTION TERM YEARLY COMPENSATION
July 1, 2029 through June 30, 2030 $671,125.18
July 1, 2030 through June 30, 2031 $697,970.18
July 1, 2031 through June 30, 2032 $725,888.98

B. Payment Schedule
MLPITAS shall pay SAN JOSE the Contract Amount in twelve (12) monthly installments each fiscal year. All monthly installment payments by MILPITAS shall 104
Item # C11.

T-3052/1980993 B-2
be due and payable on the first day of the month and shall be delinquent on the tenth (10th) business day thereafter without demand or notice to MILPITAS. SAN JOSE will provide MILPITAS an invoice in advance at least fourteen (14) calendar days before the date that the payment is due.

105
Item # C11.

T-3052/1980993 C-1

EXHIBIT C

NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT

AGREEMENT TITLE
and DATE:

AGREEMENT FOR ANIMAL SERVICES BETWEEN THE CITY

OF SAN JOSE AND THE CITY OF MILPITAS

DATE: _______________

PARTIES
Name and Address:

CITY OF SAN JOSE (“SAN JOSE”)
San José Animal Care and Services
ATTN: ______________
2750 Monterey Rd
San José, CA 95111

CITY OF MILPITAS (“MILPITAS”)
Building Safety and Housing Department
ATTN: ______________
455 E. Calaveras Blvd
Milpitas, CA 95035

DATE OF OPTION:

(date the notice is sent must be consistent with the time for exercise set forth in Agreement)

Pursuant to Section 2 of the Agreement referenced above, the Parties hereby exercise the option to extend the term under the following provisions:

OPTION NO. ___ of 2

NEW OPTION TERM
Begin date:

End date:

MAXIMUM COMPENSATION for New Option Term:

TOTAL MAXIMUM COMPENSATION:

For the option term exercised by this Notice, MILPITAS shall pay SAN JOSE an amount not to exceed the amount set forth above for SAN JOSE’s services and reimbursable expenses, if any. The undersigned signing on behalf of MILPITAS hereby certifies that an unexpended appropriation is available for the term exercised by this Notice, and that funds are available as of the date of this signature.

106
Item # C11.

T-3052/1980993 C-2

CITY OF SAN JOSE,
a municipal corporation

By_______________________________
Name:

Title:

CITY OF MILPITAS,
a municipal corporation

By_______________________________
Name:

Title:

107
Item # C11.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive the 2022 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and Authorize the Submittal of Both Reports to California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR) (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046 and Robert Musallam, Housing and Neighborhood Services Administrator, 408-586-3275)
Category: Consent Calendar-Community Development
Meeting Date: 3/21/2022
Recommendation: Receive the 2022 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and authorize the submittal of both reports to California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR).

BACKGROUND:

Government Code Section 65400 mandates that all cities and counties provide by April 1 of each year an Annual Progress Report of the Housing Element to the legislative body, the California Department of Housing and Community Development (HCD), and the Governor’s Office of Planning and Research (OPR) on the status of the City’s Housing Element and housing permit activity. More specifically, the State requests a report describing the community’s progress in meeting its Regional Housing Needs Allocation (RHNA) goals to maintain, improve, and develop housing through permitting and housing related programs. The City’s Housing Element was certified by the State when it demonstrated that adequate sites have been identified to accommodate the City’s RHNA housing growth, whereas the Annual Progress Report tracks the actual progress of permitting and constructing new housing. The reporting timeframe covers the RHNA cycle of 2015-2023.

In March 2015, a new State reporting requirement was established, which mandates that jurisdictions also submit a Housing Successor Agency Annual Report with the Annual Progress Report. The Housing Successor Agency Report details activities the Milpitas Housing Authority has undertaken over the 2021- 2022 fiscal year relating to the Low and Moderate-Income Housing Asset Fund (LMIHAF). The format of the report is prepared in accordance with the forms adopted by HCD. Both reports are attached for reference.

ANALYSIS:

The information that follows provides a summary of the City’s housing production for calendar year 2022. The attachments include the full report to the HDC and OPR. The entire progress report is available as attachment

1. Some of the tables in attachment 1 have been left blank because they do not apply.

Housing Element Annual Progress Report
Following recent changes in state law, this report tracks the entire development process from application through certificate of occupancy. The following table provides an overview which is followed by a breakdown for each of these development milestones. Some projects are recorded in several categories. For instance, applications for certain projects were submitted and entitled in 2022, and other projects were issued building permits and/or certificates of occupancy in 2022.

Housing Progress in 2021
Type Housing Units
Applications 489
Entitlements 110
Building Permits 268 108
Item # C12.

Occupancy 191

Housing Applications
Attachment 1, Table A lists the housing development applications submitted to the Planning Department. In 2022, the City received applications to develop a total of 489 units. The below table summarizes this data. For full details, see Attachment 1, Table A.

Housing Applications Submitted in 2021
Unit Type Extremely Low /
Very Low
Low Moderate Above
Moderate
Total Units
Multifamily 0 75 0 304 379
ADU 10 10 9 3 32
Single Family 0 0 0 78 78
Two to Four Unit 0 0 0 0 0
Total 10 85 9 385 489

Housing Entitlements, Building Permits, and Occupancy
Attachment 1, Table A2 lists the projects that have completed the entitlement process, have been issued building permits, or have passed the final inspection conducted by the Building Safety and Housing Department. A few units in Table A were also entitled by the City in 2022 so they also appear on the Completed Entitlement section of Table A2.

In 2022, the City issued planning entitlements for 110 units. Fifty-two (52) of the units are non-deed restricted additional dwelling units (ADUs). Also entitled were eight (8) below market rate housing units deed restricted at moderate-income. The below table summarizes entitlement data. For full details, see Attachment 1, Table A2.

Housing Entitlements Approved in 2022
Unit Type Extremely Low /
Very Low
Low Moderate Above
Moderate
Total Units
Multifamily 0 0 0 0 0
ADU 16 18 12 6 52
Single Family 0 0 8 50 58
Two to Four Unit 0 0 0 0 0
Total 16 18 20 56 110

Building permits are what the State uses to measure progress toward the City’s RHNA goals. In 2022, the City issued building permits for a total of 268 units. The below table summarizes building permit data. For full details, see Attachment 1, Table A2.

Housing Building Permits Issued in 2022
Unit Type Extremely Low /
Very Low
Low Moderate Above
Moderate
Total Units
Multifamily 7 51 34 37 129
ADU 22 19 21 9 71
Single Family 0 0 0 68 68
Two to Four Unit 0 0 0 0 0
Total 29 70 55 114 268

109
Item # C12.

In 2022, the City conducted final inspection and issued occupancy for 191 housing units. For full details, see Attachment 1, Table A2.

Housing Occupancy Issued in 2021
Unit Type Extremely Low /
Very Low
Low Moderate Above
Moderate
Total Units
Multifamily 134 0 0 0 134
ADU 19 6 1 0 26
Single Family 0 0 4 27 31
Two to Four Unit 0 0 0 0 0
Total 153 6 5 27 191

Overall Progress on RHNA Goals
While this report tracks all steps in the development cycle, RHNA production goals are measured by building permits issued. For the 2015-2023 RHNA cycle, the total housing production goal for the City of Milpitas is 3,290 housing units. The City has far exceeded its goal for above moderate-income housing units. In 2022, the City added 114 additional above moderate-income units and 154 affordable units.

The remaining RHNA goal is to permit 1,709 affordable units. This is summarized in the table below. For details on the City’s yearly progress since 2015, see Attachment 1, Table B.

Milpitas RHNA by Income Level
Extremely Low /
Very Low
Low Moderate Above
Moderate
Total Units
RHNA Goals for 2015-2023 1,004 570 565 1,151 3,290
Building Permits 2015-2021 272 90 68 2,872 3,302
Remaining Balance of RHNA 732 480 497 0 1,709

Most jurisdictions throughout California have challenges meeting their RHNA goals, including those in the Bay Area. As housing production is a regional issue that transcends city boundaries and barriers, shared housing strategies can benefit all communities in the area. Toward this end, Housing and Planning staff regularly attend regional meetings and will continue to exchange best practices and lessons learned.

Housing Programs
The annual submittal also reports on the City’s progress on implementing housing related policies and programs. The following highlights programs where the City made progress in 2022:

 City Council approved amendments to the Affordable Housing Ordinance to encourage more on-site affordable housing production in 2022.
 The City anticipates the construction of over 300 new affordable units in the next few years. These will be built as stand-alone affordable housing and mixed-income housing in compliance with the City's Affordable Housing Ordinance.
 The City Council has approved the Milpitas Metro Specific Plan (formerly known as the Transit Area Specific Plan) and staff is making progress on the Gateway/Main St. Specific Plan (formerly known as the Midtown Specific Plan) with new design guidelines, densities, and land use designations. The City is also preparing Objective Design Standards for residential and mixed-use developments to establish clear and implementable design criteria which will help ensure that new projects are attractive and meet the intent of the City’s General Plan Update.
 The City is implementing Housing Opportunity Zones and utilizing incentive-based zoning in its specific plan updates to provide incentives (permit streamlining, CEQA streamlining, objective design standards, and financial incentives) for affordable developers and mixed-income housing.  The City prepared a Development Handbook and Accessory Dwelling Unit (ADU) Toolkit to clarify the City’s development review process and ADU regulations. The City is also implementing an ADU Incentive Program and Safe ADU Legalization Program to encourage residents to obtain ADU permits 110 Item # C12.

to ensure that new ADUs, and existing but unpermitted ADUs, meet building codes and health and safety standards. These efforts are expected to improve customer service, reduce permit processing times, and streamline ADU production.
 The City Council authorized $950,000 in American Rescue Plan Act funding to be directed towards the City’s Rent and Mortgage Relief Program. The rent relief program launched in December 2022. The program also provides mortgage relief which launched on March 6, 2023. The rent relief funding program provides assistance to Milpitas residents and families that have emergency housing needs such as rent, deposit relief, emergency hardship, eviction prevention, domestic violence relocation, child homelessness relief, and Section 8 Good Faith Deposit assistance. The mortgage relief funding provides mortgage assistance to homeowners struggling to stay current on their primary residence mortgage.
 In fiscal year 2022-23, the City awarded Project Sentinel CDBG funds for Fair Housing assistance and for COVID-19 related rent relief/reduction services through negotiations with tenants, property owners, mortgage holders, and mediators. Project Sentinel also hosted one educational workshop on fair housing laws and the local eviction moratorium.

Housing Successor Agency Annual Report
The Housing Successor Annual Report (Attachment 2) addresses the requirements of California Health and Safety Code Section 34176.1(f) regarding the Low- and Moderate-Income Housing Asset Fund (LMIHAF). This report outlines the financial and housing covenant details of the Milpitas Housing Authority (Housing Successor) for 2021-22 (Fiscal Year). The purpose of this report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part

1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law).

This report includes discussion on the deposits, ending balance, and expenditures from the LMIHAF, as well as a description of the Housing Successor’s assets. The report also discusses the Housing Successor’s current projects, acquisitions of any real property since February 1, 2012, or any outstanding obligations.

Finally, as required by law, three separate tests are discussed – the income test, senior housing test, and excess surplus test. The results of these tests are discussed in Attachment 2.

POLICY ALTERNATIVE(S):

Alternative: Do not accept or authorize the submittal of the Housing Element Annual Progress Report and Housing Successor Agency Annual Report to HCD and OPR.

Pros: None.

Cons: If the City does not submit the reports to HCD and OPR, the City would not be in compliance with Government Code Section 65400.

Reason not recommended: Per Government Code Section 65400, failure to submit the reports will result in a court order or judgment compelling compliance.

FISCAL IMPACT:

Receiving and submitting the Housing Element Annual Progress Report and Housing Successor Agency Annual Report to HCD and OPR will result in no fiscal impact to the City.

California Environmental Quality Act (CEQA):

RECOMMENDATION:

Receive the 2022 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and authorize the submittal of both reports to California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR).

Attachment(s): 111
Item # C12.

1. Housing Element Annual Progress Report

2. Housing Successor Agency Annual Report

112
Item # C12.

Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Notes
2 3 4 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.

Notes+
Summary Row: Start Data Entry Below 1 9 166 10 32 9 262 489 81 0 0 0
0 2233082 326 San Andreas CtBROWN RESIDENCE: New 800 sq ft 2 bedroom manufactured detachP-ADU22-0001 ADU 1/13/2022 1 1 1 0 No No No Approved 2227044 146 Heath St Attached ADU P-ADU22-0003 ADU 2/22/2022 1 1 1 0 No No No Approved 8813010 1857 Yosemite Dr Detached ADU P-ADU22-0008 ADU 5/9/2022 1 1 1 0 No No No Approved 2916003 290 N Park Victoria Dr Gupta Residence ADU P-ADU22-0010ADU 5/18/2022 1 1 1 0 No No No Approved 8807009 1511 Yosemite DrKAPOOR RESIDENCE: (n) 920 sf detached ADU in backyardP-ADU22-0012 ADU 5/23/2022 1 1 0 0 No No No Pending 2920008 1584 Carl AvVOLETI RESIDENCE: addition and ADUP-ADU22-0013 ADU 5/25/2022 1 1 1 0 No No No Approved 8813027 1780 Edsel DrAGUILAR RESIDENCE: New detached secondary dwellingP-ADU22-0014 ADU 5/26/2022 1 1 1 0 No No No Approved 022-04-020 726 Calero St Detached ADU P-ADU22-0015 ADU 5/26/2022 1 1 0 0 No No No Pending 2611027 387 Washington DrADU: Detached ADU (698sf) in rearP-ADU22-0016 ADU 6/7/2022 1 1 1 0 No No No Approved 8614138 1279 Sunrise WyHUANG RESIDENCE: ADUP-ADU22-0017 ADU 6/10/2022 1 1 1 0 No No No Approved 2906038 894 Calaveras Ridge Dr NEW DETACHED ADU P-ADU22-0020ADU 6/20/2022 1 1 1 0 No No No Approved 8808050 355 Monmouth DrGIL RESIDENCE: Addition for a new attached ADU in (245sqft)P-ADU22-0022 ADU 6/29/2022 1 1 1 0 No No No Approved 8802027 555 S PARK VICTORIA DR2 ADUS 555 Apartments P-ADU22-0029ADU 7/6/2022 1 1 1 0 No No No Approved 8802027 555 S PARK VICTORIA DR2 LIMITED DETACHED ADUSP-ADU22-0023 ADU 7/21/2022 1 1 1 0 No No No Approved 8812031 469 S Temple Dr ADU P-ADU22-0025 ADU 8/3/2022 1 1 0 0 No No No Pending 2625023 601 Manzano StPHAM RESIDENCE: 442 sq ft addition and 470 sq ft ADUP-ADU22-0026 ADU 8/4/2022 1 1 1 0 No No No Approved 8814095 232 La Crosse DrGarage conversion and addition for ADUP-ADU22-0027 ADU 8/4/2022 1 1 1 0 No No No Approved 2920020 1527 Braly AvNEW ATTACHED ADU (2 BEDROOM) APPROX. 499 S.F.P-ADU22-0028 ADU 9/6/2022 1 1 1 0 No No No Approved 2227056 95 Heath StConstruction (n) single story 2 bd/2ba 999 sf detached ADUP-ADU22-0030 ADU 9/29/2022 1 1 0 0 No No No Pending 2814059 433 Donahe Pl 1 Limited Detached on Single-family LotP-ADU22-0031 ADU 10/14/2022 1 1 1 0 No No No Approved 2218005 477 Easter Av 1 ATTACHED 2 STORY ADUP-ADU22-0032 ADU 10/14/2022 1 1 1 0 No No No Approved 2225003 372 Spence AvSANCHEZ RESIDENCE: Convert (e) 497 sf garage to ADU; additioP-ADU22-0034 ADU 11/29/2022 1 1 1 0 No No No Approved 8846027 2035 Blue Ridge DrDETACHED ADU IN REAR YARD (364 SF)P-ADU22-0035 ADU 11/30/2022 1 1 1 0 No No No Approved 8807028 1476 Freeland DrNew detached ADU in (988st) rear of the houseP-ADU22-0036 ADU 12/12/2022 1 1 1 0 No No No Approved 2920008 1584 Carl Av VOLETI RESIDENCE:

Addition and ADU
P-MS22-0123 ADU 5/25/2022 1 1 1 0 No No No Approved
2607069 1820 Vegas Av ADU AND 2ND STORY

ADDITION
P-MS22-0070 ADU 3/23/2022 1 1 1 0 No No No Approved
2612034 205 Valmy St ADU

RECONFIGURATION
P-MS22-0249 ADU 12/5/2022 1 1 0 0 No No No Pending
2617024 294 Washington Dr ADU and house addition P-MS22-0190 ADU 8/19/2022 1 1 0 0 No No No Pending 2608099 429 Taylor Dr 302 sq ft ADU with 5 ft
setback from primary unit
P-MS22-0151 ADU 7/5/2022 1 1 1 0 No No No Approved
2205051 850 Berryessa St SU RESIDENCE:
detached ADU
P-MS22-0257 ADU 12/22/2022 1 1 0 0 No No No Pending
8625027 612 S MAIN ST SB 330 PRELIMINARY
APPLICATION FOR 57-

UNIT TOWNHOME

SUBDIVIS
P-SD22-0007 5+ O 4/12/2022 9 48 57 57 0 No No No Pending 2223052 55 Butler St New Single Family
House
P-SD22-0005 SFD O 05/06/2022 0 1 0 No No No Approved
2221032 193 Silvera St , tabel P-SD22-0009 SFD O 08/22/2022 0 0 No No No Pending 4230029 531 Vista Ridge Dr NEW HILLSIDE SINGLE

FAMILY RESIDENCE
P-SD22-0001 SFD O 02/15/2022 0 0 0 No No No Pending
2907012 1321 TERRA VISTA CT LOT 4 NEW HILLSIDE
HOME
P-SD22-0013 SFD O 12/05/2022 0 0 0 No No No Pending
8623013 1300 S Main St AMG - 116

AFFORDABLE UNITS
P-SD22-0015 5+ R 12/22/2022 91 23 2 116 0 0 No No No Pending 2238007
1355 California ClPulte Homes Residential
ProjectL SDP
P-SD22-0003 5+ O 4/12/2022 75 131 206 0 0 No No No Pending 8636045 675 TRADE ZONE BL TOLL BROTHERS SB
330
P-SD22-0006 SFA O 5/12/2022 78 78 0 0 No No No Pending
8636045 675 TRADE ZONE BL TOLL BROTHERS SB
330
P-SD22-0006 ADU 5/12/2022 1 1 2 0 0 No No No Pending
Table A
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
113
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114
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115
Item # C12.
116
Item # C12.
117
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118
Item # C12.
119
Item # C12.
120
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121
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122
Item # C12.
123
Item # C12.
124
Item # C12.
125
Item # C12.
126
Item # C12.
127
Item # C12.
128
Item # C12.

Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - 10 - 132 91 7 - Non-Deed Restricted - - - - - - - 10 22 - Deed Restricted - - - - - - - 10 51 - Non-Deed Restricted - - - - - - - 10 19 - Deed Restricted - - - - - - - 4 34 - Non-Deed Restricted - - - - - - - 9 21 - Above Moderate 1,151 - 270 82 111 1,776 141 283 95 114 - 2,872 - 3,290
- 270 82 111 1,786 141 415 229 268 - 3,302 1,709 5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date
Total Units
Remaining
502 - - - - - 264 - - - 264 238 Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
497
272
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
68 Moderate
1,004
570
565
Please contact HCD if your data is different than the material supplied here 90 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
732
480
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Govermnet Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). 129
Item # C12.
130
Item # C12.

Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-IncomeAbove Moderate- Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/NonvacantDescription of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
131
Item # C12.

Jurisdiction Milpitas
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program A.1.1:

Facilitate land
acquisition and site
assembly.

The City will continue to work with local
property owners to assemble small
sites for future developments.

Report annually, ongoing City staff is working with a few property owners to assemble small parcels, with a focus on the Midtown Specific Plan area and Metro Specific Plan area (former Transit Area Specific Plan, or TASP). As staff undertakes both the Metro (TASP) and the Midtown Specific Plan update in 2020, 2021, and 2022, staff will work closely with property owners to incentivize and identify other sites for lot assemblage to allow greater residential densities in close proximity to public transit.

Program A.2.1:

Consider land use re-
designations as needed
The City will consider land use re-
designations as needed in order to
accommodate specific residential
projects.

Ongoing The City adopted its new General Plan in March 2021. The new General Plan identifies areas that will need to be predesignated for either greater residential densities or mixed uses that allow residential use.

Program B.1.1: Enforce
housing code and
regulations to correct
code violations while
minimizing the
displacement of
residents.

The City will continue to enforce its
existing codes through code
enforcement.

Ongoing The City's code enforcement officers enforce the Neighborhood Beautification Ordinance and the following subsections of the Milpitas Municode: Solid Waste, Graffiti, Animal, Zoning Signs, Noise, Junk Car, and Administrative Citations.

Program B.1.2: The City will assist any households
displaced through code enforcement
activities to relocate to other suitable
housing that is affordable to the
households that are displaced.

Ongoing No activity to report in 2022.

Program B.2.1: Provide
assistance for the
rehabilitation of
housing units occupied
by very low-income and
low-income
households.

The City will provide funds to assist
very low- and low-income owner
households to undertake repairs to
their homes to bring them up to
standard.

Ongoing In FY 2022, the City allocated $249,566.15 in CDBG funds for this service which is administered by Rebuilding Together Silicon Valley.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
132
Item # C12.

Program B.2.2: The City will continue to provide CDBG
funds to Rebuilding Together to provide
safety, accessibility, and mobility
repairs to mobile and single family
homes owned by very low- and low-
income households.

Report annually, ongoingIn FY 2022, the City allocated $249,566.15 in CDBG funds for this service which is administered by Rebuilding Together Silicon Valley.

Program B.2.3: The City will continue to support
Project Sentinel, which provides fair
housing assistance, landlord-tenant
mediation services, and mortgage
default counseling to Milpitas residents.

Report annually, ongoing In FY 2022, the City awarded Project Sentinel a total of $56,290 for Fair Housing assistance.

Program B.3.1: Monitor
the need to replace
infrastructure as
needed to conserve
older neighborhoods.

The City will allocate resources to
rehabilitate and/or replace
infrastructure in older neighborhoods
whose infrastructure has reached
obsolescence.

Ongoing The Public Works Utilities Engineering Division developed new master plans for water, sewer and stormwater along with an all utility financial master plan. The master plans made recommendations for the amount of resources to allocate annually and those resources were programmed into the 2023-2028 rate study and will continue to be programmed in until 2040 (barring a different recommendation from Council). Resources will be prioritized to replace assets which have reached obsolescence but they may not necessarily be in older neighborhoods.This assessment evaluates the infrastructure of the City as a whole (versus looking at only older neighborhoods) to determine the likelihood of failure and the potential impact.

Program B.4.1:

Collaborate with other
public and private
entities to ensure that
no extremely low-, very
low-, or low-income
residents are adversely
impacted by the
conversion of existing
affordable housing
projects to market rate
rents.

The City will continue to monitor the
status of the 149 units at risk of
conversion to market rates at
Sunnyhills Apartments.

By the March 2018
expiration of the HUD
contract
In March 2018, the City and the owner reached an agreement to renew the HUD contract for an additional five years, with the City reimbursing the owner for $250,000 per year for 5 years, for improvements and repairs completed on the property. Renewal of the HUD contract is expected in early 2023.

Program B.5.1: Maintain
the existing stock of
housing affordable to
ELI, VLI, and moderate-
income households that
is provided through the
private market and
provide tenant
protections for
apartmetns at risk of
condo conversion
The City will continue to administer its
condominium conversion ordinance to
minimize the negative impacts of
conversions on the rental market.

Ongoing Ongoing, and the City currently sees very few condominium conversions for rental projects.
133
Item # C12.

Program B.5.2: The City will continue to administer its mobile home rent control ordinance,
which regulates rental rates and the
rights and responsibilities of tenants
and property owners for the three
mobile home parks in Milpitas.

Ongoing No activity to report in 2022.

Program C.1.1:

Continue to facilitate
housing production
through implementation
of the TASP and
Midtown Specific Plan.

Continue to expedite environmental
review in the TASP area by utilizing the
Specific Plan EIR for projects that are
consistent with the TASP.

Report annually, ongoing When possible, the City is tiering off the Metro (TASP) EIR to streamline the required CEQA analysis for development projects in the Metro (TASP) area that are consistent with the Metro (TASP).

Program C.1.2: The City will continue to implement the
planning and design guidelines
specified in the Midtown and Transit
Specific Plans, including minimum
densities, intenstive land utilization, and
mixed-use zoning.

Ongoing Ongoing, the City is also updating the Metro Specific Plan (formerly known as the Transit Area Specific Plan) and Gateway/Main St. Specific Plan (formerly known as the Midtown Specific Plan) with new design guidelines, densities, and land use designations. The City is also preparing Objective Design Standards for residential and mixed-use developments to establish clear and implementable design criteria which will help ensure that new projects are attractive and meet the intent of the City’s General Plan.

Program C.2.1: Address
public infrastructure
constraints to housing
production where
feasible.

The City will continue to coordinate
sanitary and storm sewer
improvements with the Cites of San
Jose and Santa Clara if needed to
acquire sufficient wastewater capacity
to serve residential development.

Measures may include reduction of
watewater flows, and the purchase of
surplus capacity.

Ongoing This work is ongoing. The City is currently updating its Utility Master Plan to plan for future development and anticipated growth in Milpitas. Staff will coordinate the Utility Master Plan Update with the Metro (TASP) and Midtown Plan Updates to ensure that there will be adequate water and sewer infrastructure to support the City's development potential.

Program C.2.2: The City will continue to work with
Valley Water to reduce the extent of
the flood plain on the housing sites
identified in the Midtown Specific Plan
in accordance with the Safety Element
Update.

Ongoing This work is ongoing.

Program C.2.3: The City will explore alternatives to the on-site retention of stormwater on each
housing site, including the development
of an area-wide retention pond or
allowances for porous pavement to
absorb runoff.

Ongoing The Engineering Department has several projects using different types of pervious pavers and pervious payment,and is open to the exploration of other alternatives.

Program C.2.4: The City will continue to pursue state
and federal grants and other financing
to reduce the cost of off-site traffic
improvements for housing developers
in the City.

Ongoing Staff collaborates with the Engineering Department on any financing options and/or grants to reduce off-site traffic improvement costs to developers. 134
Item # C12.

Program C.2.5: The City will continue to monitor
additional infrastructure needed for
access to the Union Pacific Site.

Ongoing The Midtown Specific Plan update will explore options for the site. PLANNING C.3.1: Facilitate
development of
executive-luxury style
housing to support the
City's economic
development strategy.

The City will continue to work with
builders developing high-rise buildings
and with custom homebuilders to assist
in the creation of additional executive-
luxuary style housing within the City.

Ongoing The City has been working with various developers on creating more luxury mixed-use developments.

Program D.1.1: Seek
out new funding
sources to support the
development and
preservation of housing
that is affordable to
extremely low-, very low-
, low-, and moderate-
income households and
housing for individuals
with special housing
needs.

Advocate for policies and legislation at
the state and federal level that increase
funding available to support the
development and preservation of
housing that is affordable to ELI, VLI,
LI and moderate income households.

Report annually, ongoing The City did not advocate for any specific policies or legislation at the state or federal level in 2022.

Program D.1.2: The City will continue to monitor
federal, State, and other public and
private funding sources that support
the development and preservation of
housing that is affordable to extremely
low-, very low-, low-, and moderate-
income households and submit
applications for funding as appropriate.

Report annually, ongoing Staff will continue to monitor state housing bills and how Milpitas can help avoid mass evictions and prevent homelessness as the pandemic continues. City staff secured Regional Early Action Planning (REAP) Grants and Prioriy Development Area Planning (PDA) Grants from ABAG/MTC for housing planning.City staff secured Pemanent Local Housing Allocation (PLHA) grant for rental assistance and supportive/case management services. The City continues to monitor federal appropriations that may impact Community Development Block Grant program funding for Milpitas.

Program D.2.1:

Facilitate the
development of at least
565 new housing units
affordable to moderate-
income households, 570
units affordable to low-
income households and
1,004 new housing units
affordable to very low-
income households.

The City will continue to operate its
Below-Market Rate Financing Program
for new construction.

Report annually, ongoing The City anticipates the construction of approximately over 300 new affordable units in the next few years. These will be built as stand-alone affordable housing and mixed-income housing in compliance with the City's Affordable Housing Ordinance.
135
Item # C12.

Program D.2.2: The City will continue to promote
affordable units in residential projects.

In conformance with Section XI-10-6.03
of the City’s Zoning Ordinance,
affordable housing requirements are
negotiated on a project-by-project
basis, aiming for a minimum
percentage (20 percent) of units in all
housing developments to be affordable
to extremely low-, very low-, low-,
and/or moderate-income households.

Report annually, ongoing On June 19, 2018, the City of Milpitas passed Ordinance 297. The Ordinance created a 15% Inclusionary Housing requirement requiring any new project of 10 units or more to build at least 15% of the total units as affordable or pay a fee in lieu of building the units. On February 1, 2022, the City adopted amendments to the ordinance to encourage on-site production. The City will prepare administrative guidelines to assist with implementation.

Program D.2.3: The City will continue to provide density bonuses in accordance to the City’s
Density Bonus Ordinance.

Report annually, ongoing The City worked with a number of developers to utilize the density bonus, including 308 Sango, 600 Barber lane, the Sunnyhills apartments and other developments being proposed.

Program D.2.4: When possible, the City will continue to provide fee reductions, waivers, or
financial assistance to cover the cost of
fees for housing developments that
provide units that are affordable to
extremely low‐, very low‐, low‐, or
moderate‐income
households.

Report annually, ongoing The City Council authorized the allocation of $950,000 in Rent and Mortgage Relief assistance to Milpitas residents and families that have been negatively impacted by the COVID-19 pandemic and have emergency housing needs such as rent, deposit relief, emergency hardship, eviction prevention, domestic violence relocation, child homelessness relief, and Section 8 Good Faith Deposit assistance.

Program D.2.5: When possible, the City will allow for
deviations from development standards
or provide other incentives to
developers that agree to provide
community benefits such as housing
that is affordable extremely low‐, very
low‐, low‐, and/or moderate‐ income
households.

Report annually, ongoing The City prepared a Development Handbook and ADU Toolkit to clarify the City’s development review process and ADU regulations. The City is also implementing a web-based ADU tool to allow homeowners to visualize where an ADU can be located on their property. The City is implementing an ADU Incentive Program and Safe ADU Legalization Program to encourage ADU production and improve safety. These efforts are expected to improve customer service, reduce permit processing times, and streamline ADU production. The City will also implement Housing Opportunity Zones and utilize incentive-based zoning in its specific plan updates to provide incentives (permit streamlining, CEQA streamlining, relaxed development standards, and financial incentives) for affordable developers and mixed-income housing.

Program D.3.1:

Promote
homeownership
opportunities for low-
and moderate-income
households.

The City will continue to provide
assistance to first-time homebuyers to
purchase below market rate units.

Report annually, ongoing The City provided financial assistance to a first-time homebuyer for the purchase of a Below Market Rate unit.

Program D.4.1: Support
the development of
housing for individuals
and households with
special housing needs.

The City will encourage affordable
housing developers to include units for
extremely low‐income households in
future developments and will provide its
housing trust funds to help subsidize
development costs to achieve
affordability targeting to extremely
low‐households.

Report annually, ongoing No activity to report in 2022. 136
Item # C12.

Program D.4.2: The City will continue to facilitate the development of emergency and
transitional housing through financial
and/or other incentives.

Program D.4.3: The City will modify its Zoning
Ordinance to allow transitional and
supportive housing in all mixed‐use
zoning districts that allow residential
uses, subject to the same requirements
as other residential uses in the same
zones.

Report annually, ongoing Staff will be updating the Zoning Code in 2021-22, and will consider this option in the process. The City will implement Housing Opportunity Zones through overlay zoning districts to incentivize transitional and supportive housing.

Program D.4.4: The City will continue to support
emergency services and housing
resources consistent with the City’s
ongoing commitment to and
participation in the Santa Clara County
Continuum of Care Plan.

Report annually, ongoing In 2020, the City endorsed the County's 2020-2025 Community Plan to End Homelessness and two Councilmembers served on the County's Unhoused Task Force. The City allocated funding for mobile shower and laundry service in Milpitas, and allocated funding for homeless street outreach and case management in partnership with the County's Office of Supportive Housing. The City Council commissioned a Tiny Homes Feasability Study in 2022.

Program D.4.6: Milpitas will require units that are
accessible to individuals with
disabilities in new housing
developments.

Report annually, ongoing Milpitas will continue to require accessible units in new housing developments as required by the governing laws such as those given in the response below, and any local requirements as stipulated by ordinance.

Program D.4.7: Milpitas will continue to enforce Title 24 of the California Building Code and the
Americans with Disabilities Act (ADA)
when reviewing proposed development
plans.

Report annually, ongoing Milpitas will continue to enforce Chapter 11A HOUSING ACCESSIBILITY, Chapter 11B ACCESSIBILITY TO PUBLIC BUILDINGS, PUBLIC
ACCOMODATIONS, COMMERCIAL BUILDINGS, AND PUBLIC HOUSING of the California Building Code, Title 24 Part 2, and other accessibility laws such as the Unruh Civil Rights Act for units that are subject to its requirements. Refer to Division I, Part 2, of the California Civil Code for additional information regarding application and interpretation.

Program D.4.8 The City will provide information on
housing resources and suitable
housing opportunities in Milpitas to
individuals with disabilities.

Report annually, ongoing The City provides information to residents on website, social media, and via responses to inquiries.

Program D.4.9 Working with the San Andreas
Regional Center, Milpitas will
implement an outreach program that
informs residents on housing and
services available for persons with
developmental disabilities. The
program could include the development
of an informational brochure, updating
the City’s housing assistance resource
web page to provide additional
information on services, and providing
housing‐related training for individuals
and families through workshops.

Report annually, ongoing The City's Recreation and Community Services has continued to promote inclusive programming through its classes and programs with a more streamlined intake process with a single point of contact. Staff conducted a Families with Special Needs Focus group for feedback on current programs and ideas for new programming. RCS staff continue to work on offering programs that promote inclusiveness. Special Events now include quiet spaces and in some cases special adaptive sessions. Families with children with special needs are referred to San Andreas Regional Center if they are unaware of services for their family.
137
Item # C12.

Program D.4.10 During project review, City staff shall
encourage the inclusion of studio and
four‐ bedroom units in new projects as
feasible and provide financial and
regulatory incentives when possible.

Report annually, ongoing Staff worked with several developers, including 1380-1400 S Main Street, to allow for greater numbers of studio units in the City.

Program D.5.10 Consistent with the Midtown Specific
Plan, the City will favorably consider
applications for live‐work units in
zoning districts where live‐work units
are a permitted or
conditionally‐permitted use.

Report annually, ongoing Staff will analyze the success of live-work units in the City, and explore options for the Midtown area during the update.

Program D.5.2: Support
altnerative housing
types such as live/work
lofts and manufactured
housing.

The City will continue to permit
manufactured housing in R1 zones
subject to the same architectural
requirements and development
standards as other dwellings in the
same zone.

Report annually, ongoing Complete. Under current zoning, a single manufactured home may be permitted on lots zoned for single-family dwellings where it has been determined the lot and structure are compatible: In districts where site plan and architectural review is not generally required for single-family dwellings, the site plan and architectural review process shall be utilized to initially determine if a lot and structure is compatible for a manufactured home. Compatibility of a lot and structure shall be determined by such factors as height, bulk and character of other structures in the neighborhood. If a lot and structure is determined to be compatible, site plan and architectural review is limited only to specifying roof overhang, roofing material and siding material based on the following standards.

Program D.5.3: The City will modify the zoning
ordinance to allow manufactured
housing in all zoning districts where
residential development is allowed,
subject to the same 104 architectural
requirements and development
standards as other dwellings in the
same zone.

Report annually, ongoing Staff hasn't considered this option, but will explore when the Zoning Code is updated in 2021-22.

Program D.6.1: The City will continue to encourage
new residential developers to provide
space for childcare facilities to promote
the integration of this needed service in
residential areas as they are
developed.

Report annually, ongoing This is an item staff can consider for both the Metro (TASP) and Midtown Plan updates.

E.1.1. The City will work with appropriate
local, State, and federal agencies to
ensure that fair housing laws are
enforced.

Report annually, ongoing In 2022, the City awarded Project Sentinel a total of $56,290 in CDBG funds for Fair Housing assistance.
138
Item # C12.

Program E.1.2: Work to
eliminate all unlawful
discrimination in
housing with respect to
age, race, gender,
sexual orientation,
marital or familial
status, ethnic
background, medical
condition, or other
arbitrary factors, so that
all residents can obtain
decent housing
throughout the City.

The City will continue to implement its
ordinances and policies prohibiting
discrimination in housing practices.

Report annually, ongoing In 2019, the City awarded Project Sentinel a $50,000 contract to administer the Milpitas Rent Review Ordinance. The program helps tenants and landlords resolve rent increase disputes, prohibits discrimination based on a tenant’s source of income, and prohibits landlord retaliation. Additional funding was not needed in 2022.

Program E.1.3:

The City will carry out necessary
actions to address any impediments to
fair housing choice identified in the
City’s HUD‐mandated Analysis of
Impediments to Fair Housing (AI).

Report annually, ongoing In 2021, the City hired a consultant to prepare an Assessment of Fair Housing or AFH. The AFH would replace the Analysis of Impediments and will ensure the City's new Housing Element is in compliance with Assembly Bill 686 (2019). This work continued through 2022.

Program E.1.4
The City will continue to distribute
information on fair housing laws
through flyers, brochures, public
service announcements, and other
means.

Report annually, ongoing In 2022, Project Sentinel hosted educational workshops to distribute information about fair housing laws and the local eviction moratorium. The promotion for the workshops included social media announcements and flyer distribution.

Program E.1.5
The City will continue to fund an
appropriate agency, such as Project
Sentinel, to advocate for Milpitas
households that may have experienced
unfair or illegal housing practices.

Report annually, ongoing In 2022, the City awarded Project Sentinel a total of $56,290 in CDBG funds for Fair Housing assistance.

Program F.1.1:

The City will continue to partner with
local utility providers to promote
participation of Milpitas’ low‐income
residents in available energy efficiency
programs, such as PG&E's Energy
Partners Program.

Report annually, ongoing The City of Milpitas implemented the Milpitas Assistance Program (MAP) which provides low-income residents subsidy for Recreation and Community Services programs, water utilities bill discounts, and reduction of building permit fees from Building Safety and Housing for replacement of a water heater, furnace, or air conditioner. The City also implemented a Residential Building Incentive Program (RBIP) that provides discounts on building permit fees for installation of solar photovoltaic or thermal systems.

Program F.1.2: Promote
energy efficiency in new
and existing residential
development.

The City will continue to promote use of
passive solar devices and promote
energy audits of existing homes.

Report annually, ongoing This has been addressed in the recently adopted 2019 California Energy and Green Building Standards (CALGreen) Codes.

Program F.1.3:

Milpitas will continue to implement the
City’s Green Building Ordinance
Report annually, ongoing The Milpitas Municipal Code Chapter 20, Green Building Regulations, was adopted on June 16, 2009 and revised November 19, 2013. It continues to provide requirements related to sustainability in building construction. 139
Item # C12.

Program F.1.4:

The City will continue to encourage the
incorporation of energy‐ and
water‐saving principles in the design
and planning of new residential
developments, including features such
as solar orientation and the use of
recycled water.

Report annually, ongoing The Milpitas Municipal Code Chapter 20 Green Building Regulations are designed to achieve the following goals: 1.) increase energy efficiency; 2.) encourage water and resource conservation; 3.) reduce waste generated by construction products, and 4.) promote the health of residents, workers and visitors to the City.

Program F.1.5:

The City will continue to encourage
mixed‐use and transit‐oriented
development at transit nodes.

Report annually, ongoing The Metro (TASP) and Midtown updates will continue to support mixed-uses and TOD at nodes near the new BART station, along key corridors (Great Mall Parkway, Main Street, etc.), and near commercial/employment centers. The Metro (TASP) and Midtown updates will explore allowing higher densities in these areas.

Program F.1.6:

In accordance with the Green Building
Policy Resolution adopted in February
2008, the City will continue to require
that planning applications for new
buildings include a completed LEED
checklist.

Report annually, ongoing Staff will explore during the next Green Building Standards Code update and Zoning Code update.
140
Item # C12.

General Comments
141
Item # C12.

Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
142
Item # C12.

For detailed reporting requirements, see the chcklist
here:

Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
https://www.hcd.ca.gov/community-
development/docs/adequate-sites-checklist.pdf
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
143
Item # C12.

Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates
an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
Moderate-
Income
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA
144
Item # C12.

Jurisdiction Milpitas
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
145
Item # C12.

Jurisdiction Milpitas Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
8341002 1452 South Main Street Industrial Excess 0.87 N/A 8341003 1474 South Main Street Industrial Excess 0.85 N/A 2230041 North McCarthy Blvd at Dixon Landing Road Vacant Excess 1.43 Flood control project (soon to be exempt surplus).
2230042 North McCarthy Blvd at Dixon Landing Road Public Facilities Excess 1.44 Flood control project and I-880 on ramp
2230043 North McCarthy Blvd at Dixon Landing Road Public Facilities Excess 3.05 I-880 on ramp NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Santa Clara County jurisdictions, please format the APN's as follows:999-99-999 146
Item # C12.

Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.

Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report January 2020
147
Item # C12.

Jurisdiction Milpitas ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income Non
Deed Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
Moderate-
Income
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to Government Code65915(b)(1)(F)
Annual Progress Report January 2020
148
Item # C12.

Jurisdiction Milpitas
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Prepare scope $0.00 $0.00 REAP
Issue RFP & secure contract with
consultant $0.00 $0.00
Project management and
coordination $28,620.00 $19,732.50
Best practices, land use policies
and regulations research, and
existing conditions
$45,450.00 $45,450.00
Design studies of opportunity areas $87,540.00 $14,910.00 Project-level CEQA analysis $0.00 $0.00 Not started
Administrative Draft HOZ $28,800.00 $0.00 Not started
Community engagement
(stakeholder meetings, community
meetings, online survey, and study
sessions)
$58,830.00 $8,776.25
Public Draft HOZ $15,480.00 $0.00 Not started
Final HOZ $7,260.00 $0.00 Not started
Public hearings for adoption $21,120.00 $0.00 Not started Direct expenses $6,900.00 $2,666.07
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 16
Deed Restricted 0
Non-Deed Restricted 18
Deed Restricted 8
Non-Deed Restricted 12
56 110
Current Year
Deed Restricted 7
Non-Deed Restricted 22
Deed Restricted 51
Non-Deed Restricted 19
Deed Restricted 34
Non-Deed Restricted 21
114
268
Current Year
Deed Restricted 134
Non-Deed Restricted 19
Deed Restricted 0
Non-Deed Restricted 6
Deed Restricted 4
Non-Deed Restricted 1
27 191

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
In Progress
Other (Please Specify in Notes)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
300,000.00$
Task Status
Completed
Completed
Other (Please Specify in Notes)
Other (Please Specify in Notes)
In Progress
Completed
In Progress
Other (Please Specify in Notes)
Other (Please Specify in Notes)
In Progress
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
149
Item # C12.

Jurisdiction Milpitas
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 7
Non-Deed Restricted 22
Deed Restricted 51
Non-Deed Restricted 19
Deed Restricted 34
Non-Deed Restricted 21
114
268
Units by Structure Type Entitled Permitted Completed
SFA 56 64 13
SFD 2 4 18
2 to 4 0 0 0
5+ 0 129 134
ADU 52 71 26
MH 0 0 0
Total 110 268 191
39 489
81 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
150
Item # C12.

HOUSING SUCCESSOR ANNUAL REPORT
April 1, 2023

LOW AND MODERATE INCOME HOUSING ASSET FUND
FOR FISCAL YEAR 2021-22

PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f)

FOR THE

MILPITAS HOUSING AUTHORITY

151
Item # C12.

HOUSING SUCCESSOR ANNUAL REPORT TABLE OF CONTENTS
INTRODUCTION ............................................................................................................................. 1 I. AMOUNT DEPOSITED INTO LMIHAF ....................................................................................... 1 II. ENDING BALANCE OF LMIHAF .............................................................................................. 1 III. DESCRIPTION OF EXPENDITURES FROM LMIHAF............................................................. 2 TABLE 1: DESCRIPTION OF LMIHAF EXPENDITURES
IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR ........................... 2 TABLE 2: STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR V. DESCRIPTION OF TRANSFERS.............................................................................................. 2 VI. PROJECT DESCRIPTIONS ..................................................................................................... 2 VII. STATUS OF COMPLIANCE WITH SECTION 33334.16 ........................................................ 3 TABLE 3: SECTION 33334.16 COMPLIANCE
VIII. DESCRIPTION OF OUTSTANDING OBLIGATIONS UNDER SECTION 33413. ................. 4 IX. EXTREMELY-LOW INCOME TEST .......................................................................................... 4 X. SENIOR HOUSING TEST ......................................................................................................... 5 TABLE 4: SENIOR HOUSING TEST
XI. EXCESS SURPLUS TEST ....................................................................................................... 5 XII. DESCRIPTION OF OUTSTANDING OBLIGATIONS UNDER SECTION 34176.1(D)(13). ... 6

152
Item # C12.

2022 Housing Successor Annual Report
April 1, 2023

MILPITAS HOUSING AUTHORITY

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Milpitas City CouncilMarch 21, 2023

Milpitas City Council
March 21, 2023