REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
April 18, 2023 Milpitas City Council Agenda Page 1
AG E N D A
TUESDAY, APRIL 18, 2023
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 5:30 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_VC1K_FmQSuqsPHn72k7sRQ 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 April 18, 2023 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (5:30 PM)
ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Nick Raisch, Human Resources Director Bargaining unit: LIUNA, UPEC (Pro-Tech, MEA)
(b) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Nick Raisch, Human Resources Director Bargaining Unit: Other (City Attorney Performance Appraisal Process) (c) 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
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 (Councilmember Barbadillo)
INVOCATION (Councilmember Phan)
PRESENTATIONS (7:05 PM)
Earth Day (April 22, 2023) (Proclamation)
Arbor Day (April 28, 2023) (Proclamation)
National Autism Acceptance Month (Proclamation)
Parkinson’s Awareness Month (Proclamation)
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 April and May 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for April and May 2023. 2 April 18, 2023 Milpitas City Council Agenda Page 3
C2. Approve City Council City Council Regular Meeting Minutes of April 4, 2023 (Staff Contact:
Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Regular Meeting minutes of April 4, 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)
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 Opting into Settlement Agreements with Pharmacies and Manufacturers of Opioids, Teva, Allergan, CVS, Walgreens, and Walmart (Staff Contact: Ashwini Kantak, Acting City Manager, 408-586-3050; and Michael Mutalipassi, City Attorney, 408-586-3040) Recommendation: Opt into settlement agreement with pharmacies and manufacturers of opioids, Teva, Allergan, CVS, Walgreens, and Walmart, whereby the County of Santa Clara will initially receive the City’s designated share of settlement funds and direct the Acting City Manager to execute any documents necessary to implement the action.
C6. Approve and Authorize the City Manager to Execute the Improvement Agreement for a Residential Development at 308 Sango Court between the City of Milpitas and Milpitas Pacific Associates, L.P. (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Recommendation: Approve and authorize the City Manager to execute the Improvement Agreement for a residential development at 308 Sango Court between the City of Milpitas and Milpitas Pacific Associates, L.P.
C7. Approve and Authorize the City Manager to Negotiate and Execute the Agreement for Completion of Public Improvements as part of the Innovation Campus Project between the City of Milpitas and Milpitas Unified School District (MUSD) including issuance of Faithful Performance and Labor and Materials Bonds (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Recommendation: Approve and authorize the City Manager to negotiate and execute the agreement for completion of public improvements as part of the Innovation Campus Project between the City of Milpitas and Milpitas Unified School District (MUSD).
C8. Award IFB 23-060 and Authorize the City Manager to Execute the Purchase Order with Core and Main for the Purchase of Hydrants and Blow Off Valves for the Not-to-Exceed Amount of $103,887.11 (Staff Contact: Christian Di Renzo, Director of Public Works, 408-586-2602) Recommendation: Award IFB 23-060 and authorize the City Manager to execute the purchase order with Core and Main for the purchase of Hydrants and Blow Off Valves for the not-to-exceed amount of $103,887.11.
3 April 18, 2023 Milpitas City Council Agenda Page 4
C9. Authorize the City Manager to Execute an Agreement with Willdan Energy Solutions for the Replacement of Natural Gas Water Heaters with Electric Heat Pumps in City Facilities for the Grant Funded Amount of $134,044.00 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Recommendation: Authorize the City Manager to execute an agreement with Willdan Energy Solutions for the replacement of natural gas water heaters with electric heat pumps in City facilities for the Grant Funded Amount of $134,044.00.
C10. Adopt a Resolution to Reject a Bid Protest from Ashron Construction and Restoration, Inc.; and Award a Construction Contract to Tucker Construction, Inc. in the amount of $51,060.00 for the Fire Training Tower Concrete Repair (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Recommendation: Adopt a resolution to reject a bid protest from Ashron Construction and Restoration, Inc.; and Award a construction contract to Tucker Construction, Inc. in the amount of $51,060.00 for the Fire Training Tower Concrete Repair.
C11. Waive the Second Reading and Adopt Ordinance No. 120.50 to Amend Chapter 1 of Title VIII of the Milpitas Municipal Code Relating to Water Service Charges (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Lauren Lai, Director of Finance, 408-586-3111) Recommendation: (1) Waive the second reading of Ordinance No. 120.50; and (2) Adopt Ordinance No. 120.50 to amend Chapter 1 of Title VIII of the Milpitas Municipal Code relating to water service charges.
C12. Waive the Second Reading and Adopt Ordinance No. 208.55 to Amend Chapter 2 of Title VIII of the Milpitas Municipal Code Relating to Sewer Service Charges (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Lauren Lai, Director of Finance, 408-586-3111) Recommendation: (1) Waive the second reading of Ordinance No. 208.55; and (2) Adopt Ordinance No. 208.55 to amend Chapter 2 of Title VIII of the Milpitas Municipal Code relating to sewer service charges.
C13. Approve the addition of Names to City Naming Lists and Adopt a Resolution to 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) Adopt a Resolution naming a new park in the Metro Area the “Delano Manongs Park.”
PUBLIC HEARINGS (7:30 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
14. Hold a Public Hearing and Adopt a Resolution Approving the Proposed 2024-2028 Capital Improvement Program (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; and Michael Silveira, CIP Manager, 408-586-3303)
Recommendation: Open the public hearing to receive any comments and then move to close the hearing and adopt a Resolution approving the 2024-2028 Capital Improvement Program. 4 April 18, 2023 Milpitas City Council Agenda Page 5
15. Conduct a Public Hearing to Discuss Substantial Amendment to the Consolidated Plan, the Allocations for FY 2023-24 Community Development Block Grant, and the Corresponding Annual Action Plan (Staff Contact: Alex Andrade, Director of Economic Development, 408-586- 3046; and Robert Musallam, Housing and Neighborhood Services Administrator, 408-586-3275) Recommendation: (1) Open the public hearing, hear testimony, then move to close the public hearing; (2) Provide direction to staff on the allocation amounts for each application; and (3) Consider a substantial amendment to the FY 2023-25 Consolidated Plan to allow the re-launch of the home rehab loan program.
16. Adopt a Resolution Approving the Fiscal Year 2023-24 User and Regulatory Fee Schedule (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Recommendation: Adopt a resolution approving the Fiscal Year 2023-24 User and Regulatory Fee Schedule.
COMMUNITY DEVELOPMENT (10:00 PM)
17. Adopt a Resolution Certifying Election Results and Adding the Properties Located at 1752 and 1810 Houret Court into Community Facilities District No. 2008-1 (Annexation No. 24) (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Recommendation: Following receipt of election results from the City Clerk, adopt a resolution certifying election results and adding the properties located at 1752 and 1810 Houret Court into Community Facilities District No. 2008-1 (Annexation No. 24).
LEADERSHIP AND SUPPORT SERVICES (10:15 PM)
18. Consider Mayor’s Appointments of City Councilmembers to Outside Committees and as Liaisons to City Commissions (Contact: Mayor Carmen Montano, 408-586-3024) Recommendation: Consider Mayor’s appointments of City Council members to Outside Committees and as liaisons to City Commissions and move to confirm those appointments.
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)
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 5 April 18, 2023 Milpitas City Council Agenda Page 6
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
April 2023
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
3 7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
4 5:30 PM-Closed Session
7:00 PM-City Council
5 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
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) (San Jose)
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 4:00 PM-Milpitas HOPE Suicide
Prevention Task Force
12 12:00 PM-Valley Water District
Water Commission (CM) (San Jose)
1:00 PM-SCC Library JPA Finance
Committee (EC) (Campbell)
4:00 PM-City Council Transportation
Subcommittee (CM/EC)
5:00 PM-Special City Council Closed
Session Meeting
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
13 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC) (San Jose)
5:30 PM-Cities Assoc of SCC Legislative
Action Committee (CM) (Los Altos
Community Center)
6:00 PM-Youth Advisory Commission (HL)
7:00 PM-Cities Assoc of SCC (CM) (Los
Altos Community Center)
14 15
16 17
7:00 PM-Science, Technology, and
Innovation Commission (GB)
18 5:30 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
10:00 AM- 12:00 PM Earth
Day Event (Selwyn Park)
23 24
25 1:30 PM-Senior Advisory Commission
(AP)
5:30 PM-City Council Special Meeting
Gateway-Main Street Specific Plan
(Senior Center)
26 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (CM) (San Jose, satellite
location)
7:00 PM-Planning Commission
27 12:00 PM-SCC Library Joint Powers
Authority Board Meeting (Campbell)
(EC)
6:00 PM Commissioners Recognition
Celebration (Community Center)
28 29
30 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
7 Item # C1.
Milpitas City Council Calendar
May 2023
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
2 6:00 PM-Closed Session
7:00 PM-City Council
3 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
7:00 PM-Community Advisory
Commission (AP)
4 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5 6
7 8
4:30 PM-Economic Development and
Trade Commission (CM)
9 5:30 PM-City Council FY2023-2024
Budget Study Session (Senior Center)
10 7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
11 11:00 AM-[tentative] City Council
Finance Subcommittee (CM/EC)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC) (San Jose)
4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
6:30 PM Family Game Night (Milpitas
Sports Center)
12 13
14 15
7:00 PM-Library and Education
Commission (EC) (Milpitas Public
Library)
16 6:00 PM-Closed Session
7:00 PM-City Council
17 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
18 6:30 PM-Bay Area Water Supply
Conserv Agency (CM) (Oak Room -
San Mateo Main Library)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(HL)
19 20
21 22
7:00 PM-Arts Commission (AP)
23 24
1:00 PM-SCC Library JPA Finance
Committee (EC) (Campbell)
7:00 PM-Planning Commission
25 1:30 PM-SCC Emergency Operational
Area Council (EOAC) (CM) (San Jose)
4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
(GB)
26 27
28 29
9:00 AM Memorial Day Ceremony at
Civic Center Plaza
City Hall Closed
30 31
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 June 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
8 Item # C1.
*Finance Subcommittee will only meet as needed
9 Item # C1.
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
April 4, 2023 Milpitas City Council Minutes Page 1
M I NU TE S
TUESDAY, APRIL 4, 2023
The City Council of the City of Milpitas convened in a Regular Meeting of the Milpitas City Council on April 4, 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 5:30 PM. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Vice Mayor Chua, Councilmembers Lien and Phan.
ABSENT: Councilmember Barbadillo (5:35 pm).
City Attorney Mutalipassi announced that Councilmember Phan was requesting to participate remotely according to the emergency circumstances provision of AB2449. The City Council had no comments.
Motion/Second: Vice Mayor Chua / Councilmember Lien
AYES: Councilmembers Barbadillo, Lien, Vice Mayor Chua, and Mayor Montano
The City Council authorized Councilmember Phan’s remote appearance pursuant to the emergency circumstances provision of AB2449.
City Attorney Mutalipassi announced the closed session items.
The City Council adjourned to Closed Session at 5:37 PM. Councilmember Phan arrived onsite at 5:45 pm and concluded his AB2449 virtual participation.
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) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Nick Raisch, Human Resources Director Bargaining unit: LIUNA, UPEC (Pro-Tech, MEA)
The City Council reconvened in open session at 7:25 PM
CLOSED SESSION ANNOUNCEMENT:
City Attorney Mutalipassi stated there was nothing to report out.
10 Item # C2.
April 4, 2023 Milpitas City Council Minutes Page 2
PLEDGE OF ALLEGIANCE
Councilmember Lien led the Pledge of Allegiance.
INVOCATION
Vice Mayor Chua provided the invocation.
PRESENTATIONS
Mayor Montano and City Councilmembers presented a proclamation in recognition of Vietnamese American Heritage Month. Ha Phan offered comments and accepted the proclamation.
Mayor Montano presented a proclamation in recognition of National Public Safety Telecommunications Week.
Police Chief Hernandez and Communications Dispatch Supervisor Lena Sillas accepted the proclamation.
Mayor Montano presented a proclamation in recognition of Fair Housing Month. Joshua Anh from Project Sentinel accepted the proclamation and provided remarks.
PUBLIC FORUM
There were the following public speakers:
1. Rob Means
2. Karina Dominguez
3. Osborn Way
4. Natasha Tiwari
5. Hanah Edwin
6. Roman Silivra
7. Huy Pham
8. Isaac Jones
9. Arjun Pai
10. 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 (Councilmember Lien was absent). City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.
READING OF THE CITY COUNCIL CODE OF CONDUCT
Vice Mayor Chua read the Code of Conduct.
APPROVAL OF AGENDA
Motion: to approve the April 4, 2023 Regular Meeting Agenda.
Motion/Second: Vice Mayor Chua / Councilmember Lien
Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None.
11 Item # C2.
April 4, 2023 Milpitas City Council Minutes Page 3
CONSENT CALENDAR
Motion: to approve the Consent Calendar, pulling Items C6, C13, and C14, and C16, Motion/Second: Councilmember Lien / Councilmember Phan Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None
C1. Receive City Council Calendar of Meetings for April 2023 Received City Council Calendar of Meetings for April 2023.
C2. Approve City Council City Council Regular Meeting Minutes of March 21, 2023 Approved City Council Regular Meeting minutes of March 21, 2023.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting 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 Reviewed the list of items that have been requested by City Councilmembers and provided direction to staff as necessary.
C5. Consider Recommendation for Removal of Commissioner Approved the removal of Kenneth Truong from the Student – CHHS Student seat on the Arts Commission and directed the City Clerk to post the notice of unscheduled vacancy.
C6. Approve and Authorize City Manager to Execute Three-Year Agreement with the City of San Jose for Animal Control Services
Item pulled from Consent Calendar.
C7. 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
Postponed indefinitely.
C8. Adopt a Resolution Releasing Unclaimed Checks with a Value less than $15 in the Aggregate Amount of $655.27
Adopted Resolution No. 9229 releasing unclaimed checks with a value less than $15 and transfer a total of $655.27 in unclaimed checks to the General Fund.
C9. Approve an Amendment to the Professional Services Agreement with WeHOPE for Mobile Shower and Laundry Services to Add Additional Funding in the Amount of $10,000.00, with a Total Not to Exceed Contract Amount of $96,552.00
Approved an amendment to the professional services agreement with WeHOPE for Mobile Shower and Laundry Services to add additional funding in the amount of $10,000.00, with a total not to exceed contract amount of $96,552.00.
12 Item # C2.
April 4, 2023 Milpitas City Council Minutes Page 4
C10. Receive the 2022 General Plan Annual Progress Report and Authorize Submittal of the Report to the Governor’s Office of Planning and Research (OPR)
Received the 2022 General Plan Annual Progress Report and authorize the submittal of the report to the Governor’s Office of Planning and Research (OPR).
C11. Accept the FY 2023 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $124,855.00 for Front-Line Law Enforcement Services and Approve the Appropriation of Funds in the Total Amount of $124,855.00 to the Police Department’s FY2022-23 Operating Budget for Front-Line Law Enforcement Services
Accepted the FY 2023 Citizens’ Option for Public Safety (COPS) Grant in the amount of $124,855.00 for front-line law enforcement services and approve the appropriation of funds in the total amount of $124,855.00 to the Police Department’s FY2022-23 Operating Budget for front-line law enforcement services.
C12. Accept Additional FY 2022 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $75,657.69 for Front-Line Law Enforcement Services to be spent in alignment with the City Council Approved FY 2022 Spending Plan; and Approve the Appropriation of Funds in the Total Amount of $75,657.69 to the Police Department’s FY2022-23 Operating Budget for Front-Line Law Enforcement Services
Accepted additional FY 2022 Citizens’ Option for Public Safety (COPS) Grant in the amount of $75,657.69 for Front-Line Law Enforcement Services; and Approve the appropriation of funds in the total amount of $75,657.69 to the Police Department’s FY2022-23 Operating Budget for Front-Line Law Enforcement Services.
C13. Waive the Second Reading and Adopt Ordinance No. 120.50 to Amend Chapter 1 of Title VIII of the Milpitas Municipal Code Relating to Water Service Charges Item pulled from Consent Calendar.
C14. Waive the Second Reading and Adopt Ordinance No. 208.55 to Amend Chapter 2 of Title VIII of the Milpitas Municipal Code Relating to Sewer Service Charges Item pulled from Consent Calendar.
C15. Consider Two Fee Waiver Requests and One Donation Request from the Christian Worship Center, FAREPA, and Milpitas High School Aerotech Club
(1) Approved a fee waiver of $1,500.00 for the Christian Worship Center’s Annual Community Easter Egg Hunt at Gill Park on Sunday, April 8, 2023;
(2) Approved a fee waiver of $830.00 for FAREPA Silicon Valley, Inc. for their ADU Workshop at the Milpitas Community Center on May 13, 2023; and
(3) Approved a donation of $500.00 to the Milpitas Unified School District’s Milpitas High School Aerotech Club to participate in the American Rocketry Competition on May 20, 2023.
C16. Approve the addition of Names to City Naming Lists and Name a New City Park the Delano Manongs Park
Item pulled from Consent Calendar.
13 Item # C2.
April 4, 2023 Milpitas City Council Minutes Page 5
PUBLIC HEARINGS
17. Adopt a Resolution Approving a Site Development Permit, Conditional Use Permit, Vesting Tentative Map, Density Bonus Permit, Tree Removal Permit, and Environmental Assessment to Allow the Development of 57 Townhome Condominiums and Associated Site Improvements on an Approximately 2.35-Acre Site Located in the Mixed-Use (MXD) Zoning District at 612 South Main Street (APNs 086-25-027, 028) Located within the Midtown Specific Plan Area and Submitted Under California Senate Bill 330 (Housing Crisis Act of 2019) Adopted Resolution No. 9230 to approve Site Development Permit No. SD22-0007, Conditional Use Permit No. UP22-0003, Vesting Tentative Map No. MT22-0003, Density Bonus Permit No. DB22-0002, Tree Removal Permit No. TR22-0014, and Environmental Assessment No. EA22-0005, subject to the Conditions of Approval.
Planning Director Thomas introduced the item. Associate Planner Phung presented the report. The applicant, True Life Companies, represented by Leah Beniston, presented additional information and, and joined by staff, responded to questions from the City Council.
Mayor Montano opened the public hearing.
There were the following public speakers:
1. Nita Itchhaporia
2. Hasu Shah
3. Nitin Shah
4. Mittal Kothari
5. Voltaire Montemayor
6. Yogesh Bapna
7. Kirit Bavishi
8. Albert Lustre
Mayor Montano closed the public hearing.
After discussion, motion: to adopt Resolution No. 9230 to approve Site Development Permit No.
SD22-0007, Conditional Use Permit No. UP22-0003, Vesting Tentative Map No. MT22-0003, Density Bonus Permit No. DB22-0002, Tree Removal Permit No. TR22-0014, and Environmental Assessment No. EA22-0005, subject to the Conditions of Approval
Vice Mayor Chua asked staff to look into trees on both sides of the street.
Motion/Second: Councilmember Lien / Councilmember Phan
Motion carried by the following:
AYES: Councilmembers Lien and Phan, Vice Mayor Chua, and Mayor Montano NOES: Councilmember Barbadillo
18. 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”
Tabled the discussion to a future meeting.
14 Item # C2.
April 4, 2023 Milpitas City Council Minutes Page 6
COMMUNITY DEVELOPMENT
19. Receive Housing Report and Presentation
Economic Development Director Andrade Housing and Neighborhood Services Administrator Musallam presented the report.
There were the following public speakers:
1. Voltaire Montemayor
2. Allysson McDonald
Economic Development Director Andrade and Assistant City Manager Kantak responded to questions from the City Council.
The City Council received the report and presentation.
PUBLIC SAFETY
20. Receive Calendar Year 2022 Controlled Equipment Annual Report, Take Public Comment and Questions for the Purpose of Community Engagement, and Approve Proposed Acquisitions for Calendar Year 2023
Police Chief Hernandez introduced the item and Assistant Police Chief Morales presented the report.
There were the following public speakers:
1. Voltaire Montemayor
Assistant Police Chief Morales responded to questions from the City Council.
After discussion, motion: to receive Calendar Year 2022 Controlled Equipment Annual Report and approve proposed acquisitions for Calendar Year 2023.
Motion/Second: Councilmember Phan / Councilmember Lien
Motion carried by the following:
AYES: Councilmembers Barbadillo , Lien, Phan, Vice Mayor Chua, Mayor Montano NOES: None
ITEMS PULLED FROM THE CONSENT CALENDAR
C6. Approve and Authorize City Manager to Execute Three-Year Agreement with the City of San Jose for Animal Control Services (Staff Contact: Bill Tott, Building Official, 408 586-3263) Building Official Tott responded to questions from the City Council.
There were the following public speakers:
1. Voltaire Montemayor
After discussion, motion: to 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 2023-2026 with two additional three-year options.
Motion/Second: Councilmember Lien / Vice Mayor Chua
Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, Mayor Montano NOES: None
15 Item # C2.
April 4, 2023 Milpitas City Council Minutes Page 7
C13. Waive the Second Reading and Adopt Ordinance No. 120.50 to Amend Chapter 1 of Title VIII of the Milpitas Municipal Code Relating to Water Service Charges C14. Waive the Second Reading and Adopt Ordinance No. 208.55 to Amend Chapter 2 of Title VIII of the Milpitas Municipal Code Relating to Sewer Service Charges Vice Mayor Chua made a motion: to defer Items C13 and C14 to the next meeting.
Motion/Second: Vice Mayor Chua / Councilmember Barbadillo Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, Mayor Montano NOES: None
C16. Approve the addition of Names to City Naming Lists and Name a New City Park the Delano Manongs Park
Councilmember Phan made a motion: to defer Item C16 and adjourn the meeting.
Motion/Second: Councilmember Phan / Vice Mayor Chua
Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, Mayor Montano NOES: None
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
The item was not heard.
ADJOURNMENT
Mayor Montano adjourned the meeting at 10:44 pm
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
16 Item # C2.
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 4/13/2023
May 2, 2023 – Regular Meeting
CLOSED SESSION
Labor Relations
INVOCATION (Mayor Montano)
PRESENTATION
Affordable Housing and Building Safety Month (Proclamation) National Mental Health Awareness Month (Proclamation) Older Americans Month (Proclamation)
Economic Development Week – May 8-12, 2023 (Proclamation)
CONSENT CALENDAR
1. Receive City Council calendar for May 2023 (City Clerk)
2. Approve City Council minutes of April 12 and April 18, 2023 (City Clerk)
3. Preview list of items for May 16, 2023 (City Clerk)
4. Councilmember Request List (City Clerk)
5. Commission Appointments (City Clerk)
6. Zoning Update Advisory Group follow-up (Planning)
PUBLIC HEARING
7. CDBG 2nd Public Hearing on substantial amendment to the 2022-2025 Consolidated Plan and 2023- 2024 Annual Action Plan (Housing)
COMMUNITY DEVELOPMENT
COMMUNITY SERVICES
8. Community Gardens Program Rules and Regulations Update (Recreation)
9. Emergency Declaration for failing City Hall boiler (Public Works)
10. Recission of Water Conservation – Stage 2 Declaration (Public Works)
PUBLIC SAFETY
LEADERSHIP
REPORTS
17 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 listed18
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 listed19
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 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:
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 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:
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 listed22
Item # C4.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider Opting into Settlement Agreements with Pharmacies and Manufacturers of Opioids, Teva, Allergan, CVS, Walgreens, and Walmart (Staff Contact: Ashwini Kantak, Acting City Manager, 408-586-3050; and Michael Mutalipassi, City Attorney, 408-586-3040)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 4/18/2022
Recommendation: Opt into settlement agreement with pharmacies and manufacturers of opioids, Teva, Allergan, CVS, Walgreens, and Walmart, whereby the County of Santa Clara will initially receive the City’s designated share of settlement funds and direct the Acting City Manager to execute any documents necessary to implement the action.
Background:
States and cities across the United States have brought litigation against the three largest pharmaceutical distributors of opioid painkillers, Amerisource Bergen, Cardinal Health, and McKesson (the “Distributors”), and the opioid painkiller manufacturer, Janssen (owned by Johnson & Johnson) (“Janssen”), which has resulted in two proposed national settlements totaling appr oximately $26 billion dollars. The City chose to participate in those settlements and to allocate its share to the County of Santa Clara for the purpose of opioid abatement and rehabilitation purposes. Now, cities and states are prepared to settle similar national litigation with three pharmacies—CVS, Walgreens, and Walmart, and two manufacturers—Allergan and Teva. This second round of settlements will observe a similar process as the initial settlements. Individual jurisdiction will be able to opt in to the settlement. Opting in will involve a jurisdiction dismissing its claims against CVS, Walgreens, Walmart, Allergan, and Teva in exchange for substantial changes in opioid supply and distribution and monetary sums to be used for opioid abatement and rehabilitation purposes. So long as all jurisdictions opt in, t he funds are estimated to be distributed as follows:
Teva shall pay up to $3.34 billion over 13 years. Milpitas is estimated to be entitled to up to $53,615.74 per year, total of up to $697,004.62.
Allergan shall pay up to $2.02 billion over 7 years. Milpitas is estimated to be entitled to up to $60,220.24 per year, total of up to $421,541.68.
CVS shall pay up to $4.90 billion over 10 years. Milpitas is estimated to be entitled to up to $102,255.16 per year, total of up to $1,022,551.60.
Walgreens shall pay up to $5.52 billion over 15 years. Milpitas is estimated to be entitled to up to $76,795.71, total of up to $1,151,935.65.
Walmart shall pay up to $2.74 billion in 2023 and over the next 6 years. Milpitas is estimated to be entitled to up to $95,299.02 per year over the course of those 6 years, total of up to $571,794.12.
The City can opt into the settlements, thereby releasing its claims a gainst the CVS, Walgreens, Walmart, Allergan, and Teva , in order to receive the estimated amounts . The funds are restricted to certain opioid remediation uses. The City can either allow the funds to be used by the County of Santa Clara or elect to use the funds itself subject to reporting requirements to the state. Alternatively, the City can take no action, thereby opting out of the settlements, while maintaining its right to pursue litigation against the CVS, Walgreens, Walmart, Allergan, and Teva.
Analysis:
A. Allocation of Funds
23 Item # C5.
California is to receive at most approximately $ 18.52 billion. The definite recoverable amount is still unknown based on a bonus structure that is triggered when all 431 eligible entities participate. Calif ornia is to distribute these funds pursuant to intrastate allocation agreements for the individual settlement agreements. (Attached as Exhibits.) The terms of the intrastate allocation agreements are nearly identical and allocate the funds as follows:
fifteen percent to the state fund ; fifteen percent to the subdivision fund ; and seventy percent to the abatement accounts fund.
State Fund
Fifteen percent of the total settlement funds will be allocated to the state and used by the state for future opioid remediation.
Subdivision Fund
Fifteen percent of the total settlement funds will be allocated to the subdivision fund, which will be allocated among t he plaintiffs in the litigation to fund future o pioid r emediation and to reimburse past opioid -related expenses, which may include fees and expenses related to litigation.
Abatement Accounts Fund
Seventy percent of the total settlement funds will be allocated to counties and cities and used for opioid abatement or remediation uses, such as services to treat opioid use disorder; support people in treatment and recovery; connect people to care; addre ss needs of criminal justice -involved persons; address the needs of pregnant or parenting women and their families, including babies with neonatal abstinence syndrome; prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids; p revent misuse of opioids; prevent overdose deaths and other harms; provide leadership, planning, and coordination of programs; provide training; and conduct research.
The funds to individual counties are allocated based on opioid deaths per capita, incidence of opioid use disorder, and opioid dosage. The funds to cities within a particular county are allocated based on historical spending of cities on various services, such as police protection, fire protection, health services, correction services, housing and community development, judicial services, and legal services.
B. Management of Funds
Each county and city that receives payment of funds from the settlements must prepare written reports at least annually regarding the use of those funds until the funds are fully expended and for one year thereafter. These reports will also include a certification that all funds received have been used in compliance with the allocation agreements. Further, each county and city will need to track all deposits and exp enditures. A county is not responsible for oversight, reporting, or monitoring of funds received by a city, which receives direct payment within such county.
C. Allocation for the City of Milpitas
California counties and cities have been allocated approximately 85% of the total amount allocated to California.
The City of Milpitas has been allocated 0.0298120% of the total. This total amount will be disbursed over a number of years. As stated above, the definite amount is not yet known because of the bonus structure built into the agreements.
The default distribution of funds in the settlement agreements provides that the funds will go directly to the county in which a city is located. A city can elect to have its funds delivered directly to the city by providing notice in the settlement agreements. Additionally, a city within a county may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the settlement fund administrators at least sixty days prior to a payment date. 24 Item # C5.
In deciding whether to allow a city’s funds to go directly to the county in which a city is located, a city should consider the following: (1) whether the amount of money is substantial enough for the city to handle it on its own; (2) whether the city offers the services and has the employees to spend the money in accordance with its prescribed uses; and (3) whether the city wants to engage in the reporting requirements ove r the course of the next nineteen years (eighteen years of distribution and an additional year following final distribution).
A city may choose to change the distribution of its funds prior to any annual payment. As such, Milpitas may at any time choose to accept the funds from all seven settlements rather than have those funds distributed directly to the County, so long as Milpitas uses those funds for a qualifying opioid abatement or rehabilitation program, so long as that program conforms with all of th e requirements set forth in the settlement agreements, including the reporting requirements. Council may opt in to the current settlements, while directing staff to explore the feasibility of using the funds to develop a new City opioid abatement or rehabilitation program. In that case, the periodic payments will be distributed to the County until the new City program is established.
D. Opting In
The City must opt into the settlements by April 18, 2023, which requires the City to release its claims against the CVS, Walgreens, Walmart, Allergan, and Teva. If the City takes no action, it will have opted out of the settlements and its designated funds will flow to the state. The City would still have the opportunity to bring its o wn action against those entities.
Policy Alternatives:
Alternative 1: Do not opt into the settlements.
Pros: None
Cons: The City and County would not receive the funds provided for in the proposed settlement agreements with the opioid distributors.
Reason not recommended: City Management and the City Attorney’s office do not recommend this alternative at this time as it would require the City to hire outside legal counsel to independently bring a lawsuit against the opioid distributors with no certain legal outcome. In addition, it is likely that the majority of the cities in the County are opting into the settlement agreements.
Fiscal Impact:
The City Council’s decision to opt into the settlement agreements will provide funding for county run opioid abatement and remediation programs, the services of which are provided to Milpitas residents enrolled in those programs.
California Environmental Quality Act:
The City Council’s decision to opt into the settlement agreements will not have an impact on the environment pursuant to the California Environmental Quality Act (CEQA) Guidelines 15061(b)(3) and 15378(b)(4) as the City Council will merely be deciding whether it wants to participate in a national settlement that would provide fi scal funding to the County and City with no connection to any specific project.
Recommendation:
Opt into settlement agreement with pharmacies and manufacturers of opioids, Teva, Allergan, CVS, Walgreens, and Walmart, whereby the County of Santa Clara will receive the City’s designated share of settlement funds and direct the City Manager to execute any documents necessary to implement the action.
Attachments
Settlement Agreements (link)
25 Item # C5.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to Execute the Improvement Agreement for a Residential Development at 308 Sango Court between the City of Milpitas and Milpitas Pacific Associates, L.P. (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Category: Consent Calendar-Community Development
Meeting Date: 4/18/2023
Recommendation: Approve and authorize the City Manager to execute the Improvement Agreement for a residential development at 308 Sango Court between the City of Milpitas and Milpitas Pacific Associates, L.P.
BACKGROUND:
On August 5, 2021, the City Council approved a Site Development Permit No. SD19-0014, Density Bonus Permit No. DB19-0001, Tree Removal Permit No. TR19-0029 and Environmental Assessment No. EA19-0007 to allow demolition of an existing industrial building, removal of three protected trees, and development of a multi-family residential building, up to 77 feet (six stories) in height, with up to 85 dwelling units (100% affordable), a ground-floor parking garage with up to 48 vehicles spaces, and 20,788 square feet of public and private open space on a 1.11-acre parcel located at 308 Sango Court (APN 086-36-036) within the Milpitas Metro Specific Plan area. Offsite public improvements to be constructed and accepted by the City include asphalt concrete pavement, signing and striping, curb and gutter, sidewalk, driveway approach, utility mains and services, landscaping, irrigation and other miscellaneous items of work identified on the improvement plans.
ANALYSIS:
The Developer, Milpitas Pacific Associates, L.P., has agreed to enter into an Improvement Agreement (Attached) with the City for the construction of off-site public improvements for the project which will be completed with the on-site work, and the public improvements will be accepted by the City after completion of construction. The improvements will be completed within 1-year from the date of the Improvement Agreement, and the work is guaranteed by bonds or similar securities to be posted by the Developer in the amount of $122,000.00. The City Engineer has reviewed the public improvement plans (2-1409) and recommends the City Council approve the Improvement Agreement to allow for the construction of public improvements to proceed.
POLICY ALTERNATIVE(S):
Alternative 1:
Deny approval of Improvement Agreement.
Pros: None
Cons: Not approving the execution of the Improvement Agreement would prevent the needed offsite public improvements from being constructed and guaranteed by bonds.
Reason for Not Recommending: To allow the development to move forward, staff recommends approval of Improvement Agreement.
26 Item # C6.
FISCAL IMPACT:
The Developer reimbursed the city for costs associated with plan review, permitting and construction inspection for off-site public improvements constructed by the Developer. The City will have perpetual ownership and maintenance responsibilities for the improvements following construction and acceptance of the project. The Public Works Department provides funding for future maintenance of newly accepted City infrastructure through their operating budget.
California Environmental Quality Act (CEQA):
Approval of the Improvement Agreement implements this project for which CEQA review has already been completed through the City Council’s adoption of Resolution No. 8509 adopting an addendum to the previously certified Transit Area Specific Plan Environmental Impact Report.
RECOMMENDATION:
Approve and authorize the City Manager to execute the Improvement Agreement between the City of Milpitas and Milpitas Pacific Associates, L.P.
Attachment(s):
Improvement Agreement
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April 18
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CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to Negotiate and Execute the Agreement for Completion of Public Improvements as part of the Innovation Campus Project between the City of Milpitas and Milpitas Unified School District (MUSD) including issuance of Faithful Performance and Labor and Materials Bonds (Staff Contact:
Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Category: Consent Calendar-Community Development
Meeting Date: 4/18/2023
Recommendation: Approve and authorize the City Manager to negotiate and execute the agreement for completion of public improvements as part of the Innovation Campus Project between the City of Milpitas and Milpitas Unified School District (MUSD)
BACKGROUND:
In March 2022, Milpitas Unified School District (MUSD) informed the City that they were planning to renovate their existing District Office Site, which also supports their adult school and alternative school campuses and preschool. In April 2022, MUSD provided the City with an Initial Study/Mitigated Negative Declaration for the Innovation Campus Project. The Innovation Campus Project, located at 1331 East Calaveras Boulevard, entails demolishing many of the existing buildings and constructing six two-story prefabricated modular buildings. Offsite public improvements to be constructed and accepted by the City include asphalt concrete pavement, signing and striping, curb and gutter, sidewalk, driveway approaches, bulb outs and a traffic signal at the intersection of East Calaveras Boulevard and Carnegie Drive, utility services, landscaping, irrigation and other miscellaneous items of work identified on the improvement plans.
ANALYSIS:
MUSD has agreed to enter into an Improvement Agreement (current draft Attached) with the City for the construction of off-site public improvements for the project, which will be completed with the on-site work, and the public improvements will be accepted by the City after completion of construction. The improvements will be completed in two phases. Phase one includes the proposed utility connections and Phase two includes the proposed traffic signal and other offsite improvements along the project frontage. The work is guaranteed by bonds or similar securities to be posted by MUSD or its contractor in the amount of $3,121,000.00 (or larger amount if determined necessary by the City upon final review of the District’s Engineer’s Estimate for the public improvements). Additionally, the agreement allows the City to call upon the bonds if the District “neglects or fails to fulfill or timely complete any obligation, term or condition of the Agreement” such as the traffic signal or other offsite improvements. The City Engineer has reviewed the public improvement plans (2-1442) and recommends the City Council authorize the City Manager to negotiate and execute the Agreement to allow for the construction of public improvements to proceed. Staff is still in the process of discussing potential edits to the agreement with the District regarding securing the completion of the Phase two improvements. As time is of the essence for the District to receive their permit for the utility connections, staff is requesting approval to negotiate and execute the agreement, as opposed to approving the attached agreement, so that the agreement can be finalized expeditiously once the final edits are agreed upon.
The agreement was approved by the MUSD board on March 28, 2023.
62 Item # C7.
POLICY ALTERNATIVE(S):
Alternative 1:
Deny approval of Improvement Agreement.
Pros: None
Cons: Not approving the execution of the Improvement Agreement would prevent the needed offsite public improvements from being constructed and guaranteed by bonds.
Reason for Not Recommending: To allow the development to move forward, staff recommends approval of Improvement Agreement.
FISCAL IMPACT:
MUSD reimbursed the city for costs associated with plan review, permitting and construction inspection for off- site public improvements constructed by the Developer. The City will have perpetual ownership and maintenance responsibilities for the improvements following construction and acceptance of the project. The Public Works Department provides funding for future maintenance of newly accepted City infrastructure through their operating budget.
California Environmental Quality Act (CEQA):
Approval of the Improvement Agreement implements this project for which CEQA review has already been completed through the approved Mitigated Negative Declaration prepared by MUSD. No further review is required.
RECOMMENDATION:
Approve and authorize the City Manager to negotiate and execute the agreement for completion of public improvements as part of the Innovation Campus Project between the City of Milpitas and Milpitas Unified School District (MUSD) including issuance of Faithful Performance and Labor and Materials Bonds.
Attachment:
Improvement Agreement current draft
63 Item # C7.
1 RECORDING REQUESTED BY: WHEN
RECORDED RETURN TO:
CITY OF MILPITAS
455 E. Calaveras Blvd
Milpitas, CA 95035
ATTN: Engineering Department
MILPITAS UNIFIED SCHOOL DISTRICT
1331 East Calaveras Blvd.
Milpitas, CA 95035
ATTN: Business Services Department
Exempt from recording fee, per Government Code
Section 6103
SPACE ABOVE THIS LINE FOR
RECORDER’S USE
CITY OF MILPITAS, CALIFORNIA
By:
City Clerk
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2 AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
between
CITY OF MILPITAS
a California municipal corporation and
MILPITAS UNIFIED SCHOOL DISTRICT
AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
PARTIES AND DATE.
This Agreement for the Completion of Public Improvements (“Agreement”) is entered into as of this ___ day of March 2023 by and between the City of MILPITAS, a California municipal corporation (“City”) and the MILPITAS UNIFIED SCHOOL DISTRICT (MUSD), a California public school district located in the State of California (“District”). City and District are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. On_______________, 2023, District submitted to City an application for approval of an Encroachment Permit (E-EN22-0295) for the construction of public improvements within the City Right of Way by the District associated with the construction of District’s Innovation Campus Project located at 1331 E. Calaveras Boulevard, M ilpitas, CA 95035 (the “Project”), a legal description of which is attached hereto as Exhibit “A” (“Property”).
B. District has not completed all of the work or made all of the public improvements required by Title X, Chapter 1, Section 8 of City’s Municipal Code, or other ordinances, resolutions, or policies of City requiring construction of public improvements in conjunction with the Project.
C. Pursuant to Title X, Chapter 1, Section 8 of City’s Municipal Code, District and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for the Project.
TERMS
1. Effectiveness. This Agreement shall not be effective unless an d until the following conditions are satisfied: (a) District provides City with security of the type and in the amounts required by this Agreement; (b) District executes and records this Agreement in the Recorder’s Office of the County of SANTA CLARA. If the above-described conditions are not satisfied within 60 days after the entry date of this Agreement, this Agreement shall automatically terminate without need of further action by either City or District.
2. Public Improvements.
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3 2.1. District shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of the Project, including, but not limited to all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, uti lities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of the District for the Project (“Public Improvements”) and approved by the City Engineer.
2.2. District shall construct the Public Improvements in two phases:
2.2.1. Phase One includes the proposed Utility Connections for the Innovation Campus Project, located at 1331 E. Calaveras Boulevard (“Phase One”).
2.2.2. Phase Two includes the proposed Traffic Signal Installation at the intersection of E. Calaveras Blvd and Carnegie Drive, and other proposed Offsite Improvements along the project frontage.
2.3. In addition, due to the extensive lane reconfigurations and med ian removals, District shall restripe E. Calaveras Boulevard, shall:
2.3.1. Repair failed AC concrete pavement, and shall slurry seal, to the satisfaction of the City Engineer, from N. Park Victoria Drive to N. Gadsen Drive (“Phase Two”).
2.3.2. Phase One and Phase T wo Public Improvements are more specifically described in Exhibit “B” which is attached hereto, incorporated herein by this reference, and as shown on City approved Improvement Plan No. 2 - 1442 on file with the City.
2.3.3. Construction of the Public Improvemen ts shall include any transitions and/or other incidental work deemed necessary for drainage or public safety.
2.3.4. The District shall be responsible for the replacement, relocation, or removal of any component of any irrigation water system in conflict with t he construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water system.
2.3.5. District further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.
2.4. Prior Partial Construction of Public Improvements . Where construction of any Public Improvements has been partially completed prior to this Agreement, District 66 Item # C7.
4 agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.
2.5. Permits; Notices; Utility Statements.
2.5.1. Prior to commencing any work, District shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of District’s obligations under this Agreement.
2.5.2. District shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to District.
2.5.3. Prior to commencing any work, District shall f ile a written statement with the City Clerk and the City Engineer, signed by District and each utility which will provide utility service to the Property, attesting that District has made all deposits legally required by each utility for the extension and provision of utility service to the Property.
2.6. Pre-approval of Plans and Specifications . District is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee. Approval by the City Engineer shall not relieve District from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.
2.7. Quality of Work; Compliance with Laws and Codes . The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Impr ovements shall be completed in accordance with all approved plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
2.8. Standard of Performance. District and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
District represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. District warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and 67 Item # C7.
5 that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
2.9. Alterations to Improvements. The Public Improvements in Exhi bit “B”, as shown on City approved Improvement Plan No. 2 -1442 on file with the City, are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the P ublic Improvements, District shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to District’s surety for this Agreement.
3. Maintenance of Public Improvements and Landscaping.
3.1. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted by City pursuant to Section 10.0 of this Agreement.
3.2. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the District at all times prior to City’s acceptance of the Public Improvements.
3.3. District shall maintain all the Public Improvements in a state of good repair until they are completed by District and approved and accepted by City, and until the security for the performance of this Agreement is released.
3.4. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition rea sonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements.
3.5. It shall be District’s responsibility to initiate all maintenance work, b ut if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City.
3.6. If District fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of District and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance. 68 Item # C7.
6 4. Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until District has provided the City Engineer with written notice of District’s intent to aband on or otherwise not complete required or agreed upon Public Improvements.
5. Grading. District agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City’s grading regulations. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City’s approval and acceptance of the Public Improvements and release of the Security as set forth in Sections 10.0 of this Agreement.
6. Fees and Charges. District shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to the Project. City commits to providing a letter of support for any grant funding opportunities that the District pursues for projects outli ned in this agreement, so long as those grants do not create new or additional obligation for City or its officials and employees.
7. City Inspection of Public Improvements . District shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.
8. Default; Notice; Remedies.
8.1. Notice.
8.1.1. If District neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requ irement, City may at any time thereafter declare District to be in default or violation of this Agreement and make written demand upon District or its surety, or both, to immediately remedy the default or violation (“Notice”).
8.1.2. District shall substantial ly commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and District sh all 69 Item # C7.
7 substantially commence the required work within twenty -four (24) hours thereof.
8.1.3. Immediately upon City’s issuance of the Notice, District and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 9.0 of this Agreement.
8.2. Failure to Remedy; City Action.
8.2.1. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation.
8.2.2. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of District and its surety, without the necessity of giving any further notice to District or surety. City’s right to take such actions shall in no way be limited by the fact that District or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City’s demand for performance.
8.2.3. In the event City elects to complete or arrange for complet ion of the remaining work and improvements, City may require all work by District or its surety to cease in order to allow adequate coordination by City.
Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from District or its surety the full cost and expense incurred.
8.3. Other Remedies. No action by City pursuant to Section 8.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law.
City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
9. Administrative Costs. If District fails to construct and install all or any part of the Public Improvements within the time requir ed by this Agreement, or if District fails to comply with any other obligation contained herein, District and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees an d costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
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8 10. Acceptance of Improvements; As-Built or Record Drawings.
10.1. If the Public Improvements are properly completed by District and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The Ci ty Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete and reduce the requirement Security amount pursuant to Section 11.0 et seq., which shall not release or modify District’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement.
10.2. Upon the total or partial acceptance of the Public Improvements by City, District shall file with the Recorder’s Office of the County of SANTA CLARA a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 9204, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.
10.3. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until District provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
10.4. All public improvements shall be initially accepted by the city prior to Local Fire Authority acceptance of the project per Division of State Architect (DSA) policy 09-01.
11. Warranty and Guarantee. District hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all l andscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the Public Improvements and acceptance of them by the City Council (“Warranty”). During the Warranty, Di strict shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and subject to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of District and its surety. As to any Public Improvements which have been repaired, replaced, or reconstru cted during the Warranty, District and its surety hereby agree to extend the Warranty for an additional one (1) year period following the City’s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve District from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the 71 Item # C7.
9 Warranty or any extension thereof. District’s warranty obligation under this section shall survive the expiration or termination of this Agreement.
12. Improvement Security; Surety Bonds. Prior to the City issuing an encroachment permit to District, District shall ensure that the City is provided with surety bonds in the amounts and under the terms set forth below (“Security”). The amount of the Security shall be based on the City Engineer’s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping (“Estimated Costs”). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, District shall ensure that the Security is adjusted in the amount requested by City. District’s compliance with this provision (Section 1 2.0 et seq.) shall in no way limit or modify District’s indemnification obligation provided in Section 13.0 of this Agreement.
12.1. Performance Bond . To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to p rotect City if District is in default as set forth in Section 8.0 et seq. of this Agreement, and to secure District’s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condit ion, District shall ensure that the City is provided with a faithful performance bond in the amount of Three Million One Hundred Twenty-One Thousand Dollars ($3,121,000), which sum shall be not less than one hundred twenty-five percent (125%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as portions of the Public Improvements ar e completed and accepted by the City Council, provided that District is not in default on any provision of this Agreement or condition of approval for The Project, and the total remaining security is not less than twenty - five percent (25%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11.0 of this Agreement, provided that District is not in default on any provision of this Agreement or condition of approval for The Project.
12.2. Additional Requirements . The surety for any surety bonds provided as Security shall have a current A.M. Best’s rating of no less than A:VIII, shall be licensed to do business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the District or the surety providing the bond shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by City in enforcing the obligations of this Agreement. The District and the surety providing the bond shall stipulate and agree that no c hange, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.
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10 12.3. Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit “C,” unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit “C” and incorporated herein by this reference.
13. Indemnification. District shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body o r agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of District, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or per formance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of Agency as determined by a court or administrative body of competent jurisdiction. District’s obligation to indemnify shall survive the expiration or terminati on of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.
13.1. District acknowledges the need for a traffic signal to be installed at the intersection of E. Calaveras Boulevard and Carnegie Drive. District acknowledges and understands that actual harm may come to the City if District fails to install the signal at the intersection of E. Calaveras Boulevard and Carnegie Drive prior to the issuance of preliminary occupancy of the Innovation Campus project at 1331 East Calaveras Blvd. Additionally and independently, District shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of District, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, failure to install the traffic signal at the intersection of E.
Calaveras Boulevard and Carnegie Drive, or performance of this Agreement , that occur at or within 1 block of the intersectio n of E. Calaveras Boulevard and Carnegie Drive. The indemnity obligations of the District stated in this section 13.1 shall terminate on the date the traffic signal at that intersection has been installed , completed and accepted by the City. District waiv es all rights and claims of exclusive remedy, as related to this clause, under Cal. Labor Code sections 3602, 3706, and 4558. District waives all rights of subrogation under Cal. Labor Code 73 Item # C7.
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14. Public Works Determination . District has been alerted to the requirements of California Labor Code section 1770 et seq., including, without limitation S.B. 975, which require the payment of prevailing wage rates and the performance of other requirements if it is determined that this Agreement constitu tes a public works contract. It shall be the sole responsibility of District to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, District agrees to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Agreement.
15. Insurance.
15.1. Types; Amounts . District shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
15.1.1. General Liability. District and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage.
15.1.2. Business Automobile Liability. District and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not le ss than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
15.1.3. Workers’ Compensation . District and its contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than $1,000,000 per occu rrence, at all times during which insured retains employees.
15.1.4. Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.
74 Item # C7.
12 15.2. Deductibles. Any deductibles or self -insured retentio ns must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) D istrict and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
15.3. Additional Insured; Separation of Insureds . The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of District or its contractors, including materials, parts, or equipment furnished in connec tion therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.
15.4. Primary I nsurance; Waiver of Subrogation . The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance sha ll provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.
15.5. Certificates; Verification . District and its contractors shall furnish City with original c ertificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.
All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
15.6. Term; Cancellation Notice. District and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days prior written notice to City.
15.7. Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII.
16. Signs and Advertising. District understands and agrees to City’s ordinances, regulations, and requirements governing signs and advertising structures. District hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement.
Removal shall be at the expense of District and its surety. District and its sur ety shall indemnify and hold City free and harmless from any claim or demand arising out of or 75 Item # C7.
13 incident to signs, advertising structures, or their removal.
17. Relationship Between the Parties . The Parties hereby mutually agree that neither this Agreement, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and District. District’s contractors and subcontractors are exclusively and solely under the control and dominion of District. Nothing herein shall be deemed to make District or its contractors an agent or contractor of City.
18. General Provisions.
18.1. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.
18.2. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
18.3. Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Ag reement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to District include all personnel, employees, agents, and subcontractors of District, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
18.4. Notices. All notices, demands, invoices, and written comm unications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
MILPITAS UNIFIED SCHOOL DISTRICT
1331 E. Calaveras Boulevard
Milpitas, CA 95035
Attn: Cheryl Jordan
Superintendent
CITY OF MILPITAS
455 E. Calaveras Boulevard,
Milpitas, CA 95035
Attn: Steve Chan, PE
Interim City Engineer
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail 76 Item # C7.
14 first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
18.5. Amendment; Modification . No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
18.6. Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve District of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. District agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.
18.7. Assignment or Transfer of Agreement . District shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null a nd void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge District from any duty or responsibility under this Agreement.
18.8. Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successo rs, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
18.9. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
18.10. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
18.11. Consent to Jurisdiction and Venue . This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of SANTA CLARA, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a 77 Item # C7.
15 governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, District expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
18.12. Attorneys’ Fees and Costs . If any arbitratio n, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys’ fees (“Costs”). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Co sts, which shall include, without limitation, attorneys’ and experts’ fees, costs and expenses incurred in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c) garnishment, levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement.
18.13. Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written.
Date:
MILPITAS UNIFIED SCHOOL DISTRICT
By:
Title:
Date:
CITY OF MILPITAS
By:
Title:
APPROVED AS TO FORM:
CITY OF MILPITAS
By:
Title:
78 Item # C7.
16 APPROVED AS TO CONTENT:
MILPITAS UNIFIED SCHOOL DISTRICT
By:
Title:
APPROVED AS TO SUFFICIENCY:
CITY OF MILPITAS
By:
Title:
NOTE: DISTRICT’S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DISTRICT’S
BUSINESS ENTITY.
79 Item # C7.
17 All Capacity Acknowledgment
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public,
personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer
DESCRIPTION OF ATTACHED DOCUMENT
Title(s)
Partner
Limited (s)
General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 80 Item # C7.
18 All Capacity Acknowledgment
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public,
personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer
DESCRIPTION OF ATTACHED DOCUMENT
Title(s)
Partner
Limited (s)
General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 81 Item # C7.
19 EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
82 Item # C7.
20 EXHIBIT “B”
MUSD INNOVATION CAMPUS PROJECT LIST OF PUBLIC IMPROVEMENTS
83 Item # C7.
21 EXHIBIT “C”
MUSD INNOVATION CAMPUS PUBLIC IMPROVEMENTS PERFORMANCE BOND
The District shall ensure that the following form for the performance bond to be provided to the City is used:
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS the City of MILPITAS, California (“City”) and
(“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewe rs, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/Tract Map No. (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated , (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.
NOW, THEREFORE, Principal and (“Surety”), a
corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of dollars ($
), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties i n the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the fac e amount specified therefor, 84 Item # C7.
22 there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
This bond is executed and filed to comply with Section 66499 et seq. of the Government Code of California as security for performance of the Improvement Agreement and security for the one - year guarantee and warranty of the Public Improvements.
IN WITNESS WHEREOF , the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at , this day of , .
(Corporate Seal)
Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Title
The rate of premium on this bond is per thousand. The total amount of premium charges is $ .
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
85 Item # C7.
23 Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or Representative for service of process in California, if different from above)
(Telephone number of Surety and Agent or
Representative for service of process in California)
86 Item # C7.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Award IFB 23-060 and Authorize the City Manager to Execute the Purchase Order with Core and Main for the Purchase of Hydrants and Blow Off Valves for the Not- to-Exceed Amount of $103,887.11 (Staff Contact: Christian Di Renzo, Director of Public Works, 408-586-2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure
Meeting Date: 4/18/2023
Recommendation: Award IFB 23-060 and authorize the City Manager to execute the purchase order with Core and Main for the purchase of Hydrants and Blow Off Valves for the not-to-exceed amount of $103,887.11.
Background:
The City of Milpitas maintains approximately 2,200 fire hydrants, with each hydrant having a 30-year service life. Approximately 10% of the City’s fire hydrants have exceeded their useful life and are in need of rehabilitation and replacement. Per the California Fire Code, fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective and comply with approved standards. In addition, hydrant replacement is a necessary safety maintenance measure that ensures that the City meets not only firefighting requirements per the California Fire Code, but water quality standards as well, in conformance with California State Regulation, Title 22. In 2008, City Council approved CIP No. 7110, Hydrant Replacement Program to provide funding for the replacement of Greenberg fire hydrants in the Manor, Sunnyhills, and Milford neighborhoods and later expanded the project scope to include citywide hydrants as recommended in the Water Supply Augmentation Feasibility Report (March 2015).
Analysis:
The City’s Hydrant Replacement Program is responsible for the systematic, system-wide replacement of older, leaking, or damaged hydrants. Hydrants are replaced based upon maintenance inspections, leak detection testing, and damage as a result of vehicular accidents. The ongoing replacement program is designed to optimally maintain the integrity of the fire protection system throughout the City.
On February 7, 2023, the Purchasing Division released an Invitation for Bid (IFB) 23-060 for the purchase of fire hydrants and blow off check valves. The IFB was publicly noticed in accordance with the City’s municipal code and advertised on the City’s website. Email notifications were sent to companies registered with the City via ProcureNow.com, the City’s eProcurement system, and a bid notification placed on PublicPurchase.com.
Upon release, 15 firms received the solicitation notification and 13 firms downloaded the IFB documents. The Purchasing Division received 5 proposals by the March 10, 2023, deadline to respond to the IFB. Core and Main was the lowest responsible bidder submitting a responsive bid. The bid submitted was within the City’s estimate for these services.
Purchase of Fire Hydrants IFB No. 23-060 BASE BID
1. Core and Main $103,887.11
2. Iconix Water Works $108,793.13
3. Underground Republic Water Works $112,658.44
4. Ferguson, LLC $120,071.88
5. Technology International, Inc. $125,507.81
Policy Alternatives:
87 Item # C8.
Alternative 1: Do not award IFB No. 23-060 to Core and Main for the purchase of fire hydrants and blow off valves.
Pros: None.
Cons: If the purchase of fire hydrants and blow off valves is not awarded to Core and Main, the replacement of these assets will be delayed.
Reason not recommended: The timeline for the replacement of the hydrants would be delayed, which would result in more hydrants exceeding their useful life.
Fiscal Impact:
Sufficient funds for the project are available in CIP 7110 – Hydrant Replacement Program. As of 3/23/23, there is a balance of $106,707.00.
California Environmental Quality Act:
By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA as this action has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
Recommendation:
Award IFB 23-060 and Authorize the City Manager to Execute the Purchase Order with Core and Main for the Purchase of Hydrants and Blow Off Valves for the not-to-exceed amount of $103,887.11.
Attachment
1. Bid Proposal and Purchase Order Terms and Conditions 88 Item # C8.
CITY OF MILPITAS
1265 N Milpitas Blvd
Milpitas, CA 95035
Job
Purchase of Fire Hydrants
Bid Date: 02/24/2023 08:30 pm
Bid #: 2755858
Sales Representa ve
David Hernandez
(M) 408-687-3298
(T) 405-297-7935
[email protected]
Core & Main
1240 N. 13th Street
San Jose, CA 95112
(T) 408-297-7935
Bid Proposal for Purchase of Fire Hydrants
CUSTOMERCONTACTNOTES
89 Item # C8.
03/20/2023 - 9:10 AM Actual taxes may vary Page 1 of 2
90 Item # C8.
Seq# Qty Descrip on Units Price Ext Price
DUE TO CURRENT SUPPLY CHAIN DISRUPTIONS,
MATERIALS ARE SUBJECT TO PRICING AT TIME
OF SHIPMENT. MATERIAL AVAILABILITY AND
TIMELINESS OF SHIPMENTS CANNOT BE
GUARANTEED. THIS TERM SUPERSEDES ALL OTHER
CONTRACTUAL PROVISIONS.
10 BASE BID FIRE HYDRANTS
20 10 CLOW 860 HYD 2-1/2X2-1/2X4 6H SAFETY YELLOW508604101104SY9 EA 2,869.37 28,693.70 30 10 CLOW 960 HYD 4"X 2-1/2" SAFETY YELLOW 509654100104SY9 EA 3,430.93 34,309.30 SUBTOTAL 63,003.00
40 ALTERNATE BID CHECK VLAVES
50 8 LP619 BREAK-OFF CHK VLV EA 1,824.75 14,598.00
60 10 6" LBIW #400A B/O CHECK VLV EPOXY LINED LB40006LBIW400ELB EA 1,738.15 17,381.50 SUBTOTAL 31,979.50
Sub Total 94,982.50
Tax 8,904.61
Total 103,887.11
UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BYCUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LPRESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS,TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEADTIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/ORAPPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS ANDCONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT: h ps://coreandmain.com/TandC/
CITY OF MILPITAS
Bid Date: 02/24/2023 08:30 pm
Core & Main 2755858
Core & Main
1240 N. 13th Street
San Jose, CA 95112
Phone: 408-297-7935
Bid Proposal for Purchase of Fire Hydrants
91 Item # C8.
03/20/2023 - 9:10 AM Actual taxes may vary Page 2 of 2
92 Item # C8.
38077.00180\29085216.4 C2
CITY OF MILPITAS - PURCHASE ORDER (EQUIPMENT AND MATERIALS)
PURCHASE ORDER TERMS AND CONDITIONS FOR EQUIPMENT AND MATERIALS
1. Acceptance. This purchase order for equipment and materials issued by the City of Milpitas (“CITY”) to the Vendor designated in the purchase order must be promptly accepted and acceptance is expressly limited to the terms of this order.
Any additions or different terms in the Vendor's forms are hereby deemed to be material alterations and notice of
objection to them and rejection of them is hereby given.
Vendor's shipment of goods in response to this order shall be considered acceptance by the Vendor.
2. Entire Agreement. Unless Vendor and CITY have entered into a separate written contract covering the purchase of the goods described herein, the entire contract between the parties consists of this order and the Vendor's acceptance as above stipulated, and said contract shall not be changed or added to except in writing signed by authorized
representatives of each party.
3. Price. The price invoiced for the goods on this purchase order shall be no higher than the price stated on the front of this purchase order unless prior notification is received from Vendor prior to shipment and the change is accepted by
CITY. If the Vendor's established price for any item upon the date of delivery shall be lower than the price shown on this purchase order, CITY shall have t he benefit of such lower price. Vendor shall deliver to CITY all invoices within 30 days of shipping or service delivery.
4. Payment. Payments will be made net 30 days unless
otherwise specified as per agreements regarding discount terms. The period of computation will commence on the date of receipt of a correctly completed invoice. Payment may be withheld, in whole or in part, due to deficiencies in Vendor’s performance. Payment of an invoice by CITY shall be
without prejudice to any and all claims CITY may have
against Vendor in connection with such goods. Invoices are paid on a weekly basis and such practice may result in minor deviations from payment terms otherwise cited herein.
5. Time of the Essence. Time is of the essence on this order.
If delivery is not made in the quantity or quantities and at the time or times specified, CITY shall have the right, at its option, to cancel the entire order or that part of same not so delivered. If CITY accepts delayed delivery the time of payment shall be extended accordingly.
6. Delivery and Acceptance. Vendor expressly warrants that any article, material or work is free and clear of all liens and encumbrances whatsoever, and that Vendor has good and
marketable title to same. Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. destination. No charge will be allowed for packing, crating, freight, express or other carrier's charges, or cartage, unless specifically agreed to by CITY. Title to equipment and materials
purchased hereunder shall pass to Vendor at the designated F.O.B. point, subject to Vendor’s right to inspect and reject or revoke acceptance.
7. Warranty. Vendor warrants for a period of 12 months following start of use or 18 months from receipt, whichever occurs first, t hat the goods described herein will be free of defects in workmanship, design, materials, and title, and notwithstanding anything herein to the contrary, will conform to all applicable proposals, specifications, instructions, drawings, data, descriptions, and samples, and will be of good and merchantable quality and fit and sufficient for the purpose intended. Vendor shall obtain and provide to CITY Material Safety Data Sheets (MSDS) for each product that contains hazardous substances as defined by CalOSHA. ..
8. Rejection of Goods. CITY shall have the right, at its option, to reject or revoke acceptance of any goods which do not conform to these warranties or to the specifications. In case of such rejection or revocation of acceptance,
transportation of the rejected goods, both to and from CITY, shall be at the expense of Vendor, said rejected goods are not to be replaced except upon specific instruction from CITY, and CITY shall have the right at its option to cancel the remainder, if any, of the order, by notice to Vendor at the time notice is given of rejection or revocation of acceptance.
Vendor shall be liable to CITY for all damages proximately caused by breach of any of the foregoing warranties,
including incidental damages but excluding special or
consequential damages.
9. Returns. CITY reserves the right to return for full credit any excess over quantity called for in any order or orders.
Vendor to bear the cost of transportation both ways.
10. Force Majeure. Vendor shall not be held responsible for failure or delay in shipping nor CITY for failure or delay in accepting goods described herein if such failure or delay is due to act of God, war, federal or state legislation or any regulations or orders, fire, accident, or other causes, either similar or dissimilar to the foregoing, beyond their control. In the event of any such excused interference with shipments, CITY shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in these terms and conditions.
11. Additional Fees. Unless otherwise required by law or provided herein, Vendor assumes exclusive liability for, and shall pay before delinquency, all sales, use, excise and other taxes, charges or contributions of any kind now or hereafter imposed on or with respect to, or measured by the article sold or material or work furnished hereunder on the wages,
salaries or other remunerations paid to persons employed in connection with performance of this order.
12. No Waiver. No exercise by CITY of its rights hereunder shall constitute a waiver of any rights it may have for breach of contract. CITY's waiver of or failure to enforce its rights on account of Vendor's failure or delay in performing any
obligation of Vendor hereunder, or on account of Vendor's breach of contract in any respect, shall not constitute a waiver of any subsequent failure, delay or breach.
13. Compliance with Law. Vendor shall comply with all
applicable laws and regulations of the federal, state and local government. CITY shall assist Vendor, as requested, in obtaining and maintaining all permits required of Vendor by Federal, State and local regulatory agencies. Vendor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her Work. Vendor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq.
(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other
requirements on certain "public works" and "maintenance" projects. If the Work is being performed as part of an
applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Vendor agrees to fully
comply with such Prevailing Wage Laws. Vendor shall
defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from a ny claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Any stop orders issued by the Department of Industrial
93 Item # C8.
38077.00180\29085216.4 C2
CITY OF MILPITAS - PURCHASE ORDER (EQUIPMENT AND MATERIALS)
Relations against Vendor or any subcontractor that affect Vendor’s performance of services, including any delay, shall be Vendor’s sole responsibility and Vendor shall indemnify CITY from liability arising out of the same. It shall be mandatory upon the Vendor and all subcontractors to comply with all California L abor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor
Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (L abor Code
Sections 1813 and 1815), contractor registration (Labor Code Sections 1725.5 and 1771.1) and debarment of
contractors and subcontractors (Labor Code Sections
1777.1). The requirement to submit certified payroll records directly to the Labor Comm issioner under Labor Code
section 1771.4 and to be registered with the Department of Industrial Relations shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1771.4, 1725.5 and 1771.1.
14. Insurance. Vendor sh all take out and maintain: A.
Commercial General Liability Insurance, of at least
$1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01 ; B. Automobile
Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired
vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent
Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); C. Workers’
Compensation in compliance with applicable statutory
requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and D. Pollution Liability
Insurance of at least $1,000,000 per occurrence and
$2,000,000 aggregate shall be provided by those Vendors transporting hazardous materials. Insurance carriers shall be licensed to do business in California and maintain an agent for process within the state. Such insurance carrier shall have not less than an "A:VII" rati ng according to the latest Best Key Rating unless otherwise approved by CITY.
VENDOR SHALL ENSURE THAT THIRD PARTY
SHIPPERS CONTRACTED BY VENDOR HAVE
ADEQUATE INSURANCE COVERAGE. If attached, Vendor
shall refer to Exhibit “A” – Insurance Requirements, fo r further insurance requirements applicable to Vendor.
15. Indemnification. The Vendor shall indemnify and hold harmless CITY, its officials, officers, agents and employees from and against any and all claims, liabilities, expenses or damages, including attorneys’ fees, for injury or death of any person, or damage to property, or interference with use of property, or patent infringement or fees for use of patented items, or any claim of the Vendor or sub -contractors for wages or benefits which arise in connection with the sale , delivery and/or installation of equipment or materials, except to the extent caused or resulting from the negligence or willful misconduct of CITY. The foregoing indemnity
includes, but is not limited to, the cost of prosecuting or defending such action with legal counsel acceptable to CITY and CITY’s attorneys’ fees incurred in such an action.
16. Substitutions, Changes and Cancellation. No
substitutions are acceptable unless expressly accepted in writing by CITY. CITY may make changes in the general
scope of this order by giving written notice to Vendor. If any such change affects the cost of or time to deliver or perform under this order, an adjustment in price, delivery or both will be made as CITY determines to be equitable. Vendor may request changes; however, no such change shall be effective unless accepted in writing by CITY. CITY may cancel this order in whole or in part at any time before acceptance of the equipment and materials due to Vendor’s breach or fo r
CITY’s convenience.
17. Laws, Venue, and Attorneys' Fees. This purchase order shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this purchase order , the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including re asonable attorney's fees, as determined by the court.
18. Contract Terms. Nothing herein shall be construed to give any rights or benefits to anyone other than CITY and the Vendor. The unenforceability, invalidity or illegality of any provision(s) of this purchase order shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed t o the parties to the addresses set forth in the purchase order. Vendor shall not assign, sublet, or transfer this purchase order, or any rights under or interest in this purchase order, without the written consent of CITY, which may be withheld for any r eason. Vendor is retained as an independent contractor and is not an
employee of CITY. No employee or agent of Vendor shall become an employee of CITY. This is an integrated
agreement/purchase order representing the entire
understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. This Contract may not be modified or altered except in writing signed by both parties hereto.
19. Damage to City Facilities. Damage to CITY or public facilities or private property caused by the Vendor or by its subcontractors during delivery or installation shall be repaired and/or replaced in kind at no cost to the CITY.
20. Site Safety and Cleanup. The delivery and installation site shall be kept clean and free of hazards at all times during delivery and installation. After and installation is completed at the site, as applicable, Vendor shall clean the surrounding area to the condition prior to delivery and installation.
21. Installation. If the Vendor is responsible for providing installation services, finished installation work and/or equipment shall be subject to final inspection and
acceptance or rejection by the CITY.
22. Wage Theft Prevention. Vendor, and any subcontractor it employs to complete work under this purchase order, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance. By
entering into this purchase order, Vendor affirms that it has disclosed any final judgments, decisions or orders from a court or investigatory government agency, finding in the five (5) years prior to the date of this purchase order that Vendor or its subcontractor(s) has violated any applicable wage and hour laws. Vendor further affirms that it or its
subcontractor(s) has either fully satisfied each judgment, decision or order, or, if any judgment, decision or order has not been fully satisfied, Vendor affirms that it or its subcontractor(s) is currently satisfying said judgment, decision or order through a payment or alternative plan approved by the applicable court/government agency and
that Vendor or its subcontractor(s) are in compliance with 94 Item # C8.
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CITY OF MILPITAS - PURCHASE ORDER (EQUIPMENT AND MATERIALS)
said plan as of the date of this purchase order. If at any time during the term of this purchase order, a court or
investigatory government agency issues a final judgme nt, decision or order finding that Vendor or a subcontractor it employs to perform work under this purchase order has
violated any applicable wage and hour law, or Vendor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Vendor shall inform the CITY no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Vendor or its subcontractor(s) shall, within th irty (30) calendar days after notifying the CITY, either (i) fully satisfy any such judgment, decision, or order and provide the CITY with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the CITY documentary evidence of a payment or
other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Vendor or its subcontractor is subject to a payment or other alternative plan, the Vendor or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the purchase order
demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied. For purposes of this provision, a “final j udgment, decision, or order” refers to one for which all appeals have been
exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United
States Department of Labor, the California Division of Labor Standards Enforcement, the CITY, or any other
governmental entity or division tasked with the investigation and enforcement of wage and hour laws. Failure to comply with any part of this provision constitutes a material breach of this purchase order. Such breach may serve as a basis for immediate termination of this purchase order and/or any other remedies available under this purchase order and/or law. Notice provided to the CITY shall be addressed to:
Attention: Finance Director, 455 E. Calaveras Blvd., Milpitas, CA 95035. The notice provisions of this paragraph are
separate from any other notice provisions in this purchase order and, accordingly, only notice provided to the above address satisfies the notice requirements in this provision.
*OPTIONAL TERMS: Check box if applicable
Custom Design: If the goods are produced by Vendor
in accordance with designs, drawings or blueprints
provided by CITY, Vendor shall return same to CITY
upon completion or cancellation of this order. Any
materials, equipment, tools, artwork, designs or other
property furnished by or specifically paid for by CITY
shall be CITY’s property.
95 Item # C8.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize the City Manager to Execute an Agreement with Willdan Energy Solutions for the Replacement of Natural Gas Water Heaters with Electric Heat Pumps in City Facilities for the Grant Funded Amount of $134,044.00 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure
Meeting Date: 4/18/2023
Recommendation: Authorize the City Manager to execute an agreement with Willdan Energy Solutions for the replacement of natural gas water heaters with electric heat pumps in City facilities for the Grant Funded Amount of $134,044.00.
Background:
Willdan Energy Solutions implements the Government and K12 (GK12) Energy Efficiency Program administered by Pacific Gas and Electric Company under the auspices of the California Public Utilities Commission. GK12 services and incentives are funded via the Public Purpose Program surcharge.
GK12 currently has a service that, where feasible, will replace existing natural gas domestic hot water heaters with more efficient electric heat pump water heaters at no cost to the participating agency. Enovative Mechanical, a program partner and subcontractor, provides the installation services while GK12 will manage the work to ensure ongoing compliance with program requirements. GK12 identified 12 eligible hot water replacements in City facilities and presented the opportunity to staff.
The following facilities were identified as opportunities to upgrade from natural gas water heaters to electric heat pumps:
Facility Address # of hot water
replacements
City Hall 455 E. Calaveras Blvd 1
Senior Center 40 N. Milpitas Blvd 2
Community Center 457 E. Calaveras Blvd 2
Sports Center 1325 E. Calaveras Blvd 2
Jose Higuera Adobe 821 Wessex Pl 1
Public Works Corp Yard 1265 N. Milpitas Blvd 2
Fire Station #3 45 Midwick Dr 1
TOTAL 12
Analysis:
The recommended project will eliminate the natural gas usage associated with the existing water heaters.
Average impact assumptions derived from the California Technical Forum’s Electronic Technical Resource Manual suggests that this action may mitigate over 950 metric tons of CO2e over the effective useful life of the installed electric heat pump water heaters.
“Maximizing Building Decarbonization and Electrification” is a key strategy of the Climate Action Plan Update (CAP), adopted by the City Council on August 9, 2022. This project supports the City’s efforts to lead by example, and will be an important step towards the CAP’s municipal operations goal to retrofit existing facilities to all-electric by 2045.
96 Item # C9.
Wilden will secure a right of entry permit from the City that will include appropriate warranties and insurance requirements.
Fiscal Impact:
The proposed project will be installed at no-cost to the city. The full project valuation of $134,044 will be covered by the PG&E Government and K12 Energy Efficiency program implemented by Willdan Energy Solutions (Willdan). Willdan will pay the installing contractor 100% of costs after the successful completion of the project. Any on-going maintenance and long-term replacement costs will be assumed by the Department and considered as part of the annual budget development process.
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 purposes of CEQA.
Recommendations:
Authorize the City Manager to execute an agreement with Willdan Energy Solutions for the replacement of natural gas heaters with electric heat pumps in City facilities for the Grant Funded Amount of $134,044.00.
Attachment:
1. Program Participation Agreement (PPA)
2. Right of Entry Permit
97 Item # C9.
2/2/2023
Elaine Marshall
1265 N Milpitas Blvd
Milpitas, CA, 95035
Dear Elaine,
Please accept this letter as a commitment offer for the incentives quotes on behalf of PG&E Government/K-12 program as administered by Willdan Energy Solutions.
The table on the following page presents the project financials for each site that we assessed. This table also includes the incentive funds that PG&E, through Willdan as Program Administrator, has committed to this project. This letter reserves those funds for 45 days to ensure you have the time needed to review and seek approval to advance the recommended work.
Should you agree to move the project forward, a Willdan representative will periodically be onsite to oversee our subcontractor. Our subcontractor will be responsible for the pulling and closing of building permits.
If there are any questions, please contact me. We are available to schedule installation in the coming weeks.
Please let me know if there is an expected delay in signature approval as funding is limited.
Thank you in advance for participating in the PG&E Government K-12 Program.
Sincerely,
Lou Jacobson
Willdan Energy Solutions
cc: Tom Kouris ; David Sneed
98 Item # C9.
City of Milpitas 2023 City Hall Senior Center Community Center Milpitas Rec Center Jose Higuera Adobe Park
Corp Yard - PW
WarehouseFire Station #3 Total
Existing Gas WH (1) 98 gallons (1) 40 + (1) 100 gallons (1) 48 + (1) 40 gallons (1) 119 + (1) 100 gallons (1) 50 gallon (2) 50 gallon (1) 50 gallon Proposed HPWH (1) 120 gallon (1) 50 + (1) 120 gallons (2) 50 gallon (2) 120 gallon (1) 50 gallon (2) 50 gallon (1) 50 gallon Base Cost $18,290.00 $25,172.00 $13,764.00 $36,580.00 $6,882.00 $13,764.00 $6,882.00 $121,334.00 Add On: Electric Run $525.00 $550.00 $1,980.00 $3,150.00 $550.00 $1,650.00 $880.00 $9,285.00 Add On: Junction Box/Panel Upgrade $0.00 $0.00 $0.00 $0.00 $250.00 $2,500.00 $0.00 $2,750.00 Option:Condensation Pump/line $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Option: Prevailing Wage $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Add On: Additional Labor $0.00 $0.00 $0.00 $0.00 $0.00 $675.00 $0.00 $675.00 Total $18,815.00 $25,722.00 $15,744.00 $39,730.00 $7,682.00 $18,589.00 $7,762.00 $134,044.00 PG&E Incentive $18,815.00 $25,722.00 $15,744.00 $39,730.00 $7,682.00 $18,589.00 $7,762.00 $134,044.00 Net Cost $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 COSTS
99 Item # C9.
Site Information
Site or Building Name: Site Contact Phone: Site Contact Email:Site Contact Name:
Site Address (if multiple, provide full list in an attachment): Mailing Address:
Incentive Payment - If Incentives Apply. Payee Must Have W-9 On File With The Program.
Make Incentive Payable To: Payee Type: Notes (Attention To, etc.):
Incentive Mailing Address: State: Zip Code: Telephone:
Thank you for participating in Willdan’s Government and K-12 Schools Program. Follow the 3 steps below to get started.
Step 1: Submit this PPA and pre-installation application to Willdan before commencing installation of energy efficiency measures
Step 2: Willdan (“Implementer”) will review the application and issue a Notice to Proceed (NTP)
Step 3: After receiving a NTP, proceed with the installation of measures and then submit the post-installation application (includes Project Certification Form, invoices, calculations, photos, cut sheets, and W-9 form) PG&E Account Information
Account Holder Name: Estimated Total Project Cost: Estimated Total Incentive 1:Interval Meter? (Y/N):
Electric Service ID#: Gas Service ID#: Estimated Project Completion Date:
Project Estimates
Measures - From Project Feasibility Study
EEM NO. Measure Description
Electricity
Savings (kWh)
Demand
Savings (kW)
Gas
Savings (Therms)
Program representatives have developed detailed calculations for proposed measures using industry standard tools, including building modeling software as required. All measures included as part of this program participation have been screened for cost-effectiveness eligibility through a TRC analysis.
1 See terms & conditions sections 9 & 11: funds are subject to change, first-come, first-served and are not guaranteed.
Program
Participation
Agreement
City of Milpitas
(408) 586-2603
[email protected]
Elaine Marshall
Multiple
1265 N. Milpitas Blvd., Milpitas CA 95035
Enovative Mechanical
Contractor
Brian Cizmar
340 S. Lemon Ave #5425, Walnut
CA
714-580-8150
91789
City of Milpitas
$134,044.00
$134,044.00
N/A
2637174111
N/A
2/30/2023
1 -84,325
8,885
(7) 50 gallon HPWH
2 -129,016
16,278
(4) 120 gallon HPWH
100
Item # C9.
Customer agrees to implement its project (“Project”) subject to these Program Application Agreement Terms and Conditions (“Project Application Agreement”).
1. AUTHORITY. Customer represents and warrants it has the Project Site owner’s permission to implement the Project.
2. ELIGIBILITY REQUIREMENTS. Eligibility requirements for Projects seeking to participate in Programs must be for a non-residential use and the Project’s meter is charged the public purpose fund surcharge. Project implementation is subject to all California Public Utility Commission (CPUC) regulatory mandates, the Program Project’s rules and policies which may change without notice, (Statewide Customized Offering Procedures Manual, PG&E’s Platform Rulebook, CPUC NMEC Rulebook) individually and collectively, the (Program Manual), Project measures have not been replaced within the last five years, and any other eligibility requirements as required by PG&E.
3. WORKFORCE STANDARDS AND INCENTIVES FOR HVAC AND LIGHTING CONTROL MEASURES. Projects that receive an incentive for non-residential heating, ventilation, and air conditioning (HVAC) measure exceeding $3,000 and/or for lighting control (LC) measure exceeding $2,000, prior to these measures being installed, modified or maintained, each technician rendering such work is required to provide their applicable qualification documentation and must have for at least one of the following: (a) Completed an accredited HVAC apprenticeship. (b) Is enrolled in an accredited HVAC apprenticeship. (c) Completed at least five years of work experience at the journey level according to the Department of Industrial Relations definition, Title 8, Section 205, of the CA Code of Regulations, passed a practical and written HVAC system installation competency test, and received credentialed training specific to the installation of the technology being installed. (d) Has a C-20 HVAC contractor license issued by the CA Contractors State Licensing Board; and for LC Measures the person doing the work must produce an installer certification from the CA Advanced Lighting Controls Training Program.
4. PROJECT APPROVAL AND PRODUCT QUALIFICATION. Projects may be required to receive written Project Approval in accordance with the applicable requirements in the Program Manual, which can include the CPUC Energy Division (ED) review and approval for the Project.
Until approved, Projects must not remove any existing Project equipment/systems, pre-ordering, purchasing, or installing any equipment.
Equipment leased, rebuilt, rented, received from warranty or insurance claims, exchanged, or won as a prize; new parts installed in existing equipment; or resale products do not qualify.
5. PROJECT DESIGN, FEASABILITY, INSTALLATION AND PERMITS. If applicable, PG&E may review the design, construction, operation or maintenance of the Project which does not does not constitute any guarantee or representation as to the economic or technical feasibility, operational capability, or reliability of the Project measures. Project design, feasibility, installation and acquiring permits to implement Customer’s Project is between and the Implementer, the contractor performing the work to implement Customer’s project, if any, and Customer. PG&E shall have no responsibility whatsoever to be responsible for, and under no circumstances be required to obtain any necessary Project permits, materials, labor, costs to develop the Project’s scope, final design, acquire bids, hire appropriate licensed contractor(s), verify applicable workforce standards, technical and operational Project feasibility, and other related cost and fees to implement the Project.
6. PROJECT INSTALLATION DEADLINE. Projects must be completed and fully operational no later than one year from the Project Approval Date.
7. ACCESS AND INSPECTIONS OF PROJECT SITE. Project inspections, its baseline and performance measurements, are required to be verified upon the Project’s completion to determine the final incentive amount to be paid. Customer agrees to provide access to PG&E, its agents and the CPUC to perform these tasks and others such as, Project inspection of pre and post installation equipment to review the existing/baseline energy use measurements.
8. PROJECT MATERIAL OR SCOPE CHANGES. If the Project scope or Site conditions materially change or there occurs any non-routine events (i.e. Project site size change, use of additional heating and cooling loads, longer or shorter operating hours), during implementation or after completion impacting the Project energy saving benefit, Customer shall promptly prepare a written detailed narrative about such event(s)or modifications.
9. CALCULATION OF THE PROJECT INCENTIVE. Project incentives are paid based on the verified energy savings. The Project incentives, energy savings projections and installation costs on this or related to this Project Application Agreement are ESTIMATES only and may vary upon verification of the completed Project’s energy savings. Incentive payments shall only be paid on Projects that exceed California code or standard practice. The applicable code or standard practice for the Projects is the code or standard practice in place when the Project measure equipment either was installed or altered as defined under Title 24. Implementer and PG&E shall validate the Project’s baseline, verify the Project’s actual energy savings, and determine the Project’s incentive to be paid, in compliance with the Project’s relevant Program Manual.
10. CUSTOMER’S WITH SELF GENERATION CAPABILITIES. For customers with an existing onsite cogeneration or self-generation, incentives for energy savings in these instances are incentives are limited to and can not exceed the customer cost of kw, kwh, or therms delivered to or purchased by Customers as measured by the utility meter for the previous 12 months usage, from the time of project submittal for review.
11. INCENTIVE FUNDING. Incentives are paid on a first-come, first-served basis until depleted and are provided as directed by the CPUC.
Incentives may not exceed Project costs.
12. CUSTOMERS WITH NON-PG&E ENERGY SUPPLY. If non-PG&E supply, i.e. generation or deliveries from another commodity supplier, is involved, incentives are paid based only on the energy savings reflected on the electric grid or natural gas system, as solely determined by PG&E.
13. PROJECT CERTIFICATIONS. Customers receiving incentives for energy efficiency measures are required to submit a written certification as set forth in CA Public Utilities Code Section 399.4 b(1) and (2) which states in relevance; “prior to receiving any Project Incentive payment, the recipient of the Incentive must certify the Project is complete and complied with applicable permitting and licensing requirements, any contractor performing the Project’s work was a licensed contractor”. Code also requires for HVAC Project measures to submit proof the permit is closure.
14. PROJECT COMPLETION SUBMITTAL DOCUMENTATION. To issue an incentive, all relevant and applicable documentation must be submitted involving Project paid invoices, supplier name, address, phone, itemized listing of products, quantity, manufacturer and model number, Project Certifications, Project final engineering calculations and related documentation used to substantiate the Project’s energy savings, proof of HVAC permit closure, and other documentation required in the Project’s relevant Program Manual(s) and requested by PG&E.
15. ENERGY BENEFITS AND INCENTIVE DISQUALIFICATION. Project incentives are made in consideration of PG&E Ratepayers receiving 100 percent of the related energy savings benefit over the life of the completed Project or 5 years, whichever is less. Projects not delivering the 100 percent of its energy savings benefit, Customer shall be responsible to refund PG&E a prorated amount of the Project Incentive for the 101 Item # C9.
time PG&E did not receive the Project’s energy savings. The prorated will be off-set against any amounts due or be payable within 30 days of notification.
16. CPUC DISCLOSURE AND RIGHTS. These terms and conditions can be modified anytime by the CPUC. All Projects are reviewed and approved by CPUC ED staff and Project results, reports, energy usage data, or other related documentation shall be made available to the CPUC upon request. Customer will receive notice of material changes via mail, fax transmission, or email at the address provided in this Project Application Agreement.
17. TERM AND TERMINATION. This Project Application Agreement is effective upon Customer’s signature and expires when PG&E receives 100 percent of the Project’s energy saving, unless terminated earlier. If this Project Application Agreement is terminated due to Customer’s breach of its obligations or as directed by the CPUC, Implementer and PG&E shall not be liable for any damages or claims arising from such termination.
18. SAFETY AND COMPLIANCE WITH ALL LAWS. Customer and Implementer agree all Project equipment installation and work performed must comply with all federal, state laws, safety requirements and applicable manufacturer instructions.
19. NO WARRANTY AND DISCLAIMER. PG&E MAKES NO REPRESENTATION OR WARRANTY, AND ASSUMES NO LIABILITY WITH
RESPECT TO QUALITY, SAFETY PERFORMANCE, OPERATIONAL CAPABILITY, RELIABILITY OR ANY OTHER ASPECT OF ANY DESIGN,
SYSTEM, OR EQUIPMENT INSTALLED RELATED TO THE PROJECT AND EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATION
WARRANTY OR LIABILITY, INCLUDING THE ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSES.
20. NO OBLIGATION. California consumers are not obligated to purchase any full-fee service or other service not funded by this Program. This Program is funded by California utility ratepayers under the auspices of the CPUC. Los consumidores en California no están obligados a comprar servicios completos o adicionales que no estén cubiertos bajo este programa. Este programa a está financiado por los usuarios de servicios públicos en California bajo la jurisdicción de la Comisión de Servicios Públicos de California (CPUC).
21. MISREPRESENTATION. All Project information provided must be true and correct. Information determined to by fraudulent or misleading will result in Customer’s Project being disqualified, and this Project Application Agreement being terminated.
22. LIMITATION OF LIABILITY. PG&E and Implementer shall not be liable for any costs due to a Project’s estimated versus actual energy savings related to the Project Incentive to be paid, Project savings that did not materialize, Project cancellation or implementation cost increase for any reason. In no event shall PG&E, Implementer or Customer be liable for any special, incidental, indirect, lost profits, or consequential damages arising from or related to Customer’s Project.
23. ADVERTISING AND USE OF PG&E’S NAME. Implementer and Customer agree not to use each other’s name. PG&E’s name or identifying characteristic of customer’s Project Site in any published materials absent the written approval of such respective party.
24. ASSIGNMENT. No part of this Project Application Agreement may be assigned by Customer without Implementer’s written consent, unless the assignment is for the sale of the Project Site.
25. PROJECT SITE SALE. Customer agrees to include these Project obligations under the Project Application Agreement, if still required, as part of a sale or rental agreement involving the Project Site for purposes of assigning the Project to be continued and completed accordingly.
26. NO DOUBLE DIPPING. Customer represents they have not received within the last five years and will not for five years thereafter seek an EE incentives or rebates offered by PG&E, other Program Administrators, state or local agencies for the Project measures/services under this Project Application Agreement.
27. TAX LIABILITY. Customer acknowledges that receipt of any incentive pursuant to this Project Application Agreement may result in taxable income to the Customer, even if Customer does not directly receive the incentive payment. Customer is solely responsible for payment and reporting any tax liability arising from the incentive paid and should consult with their tax advisor.
28. TOXIC MATERIALS. PG&E and Implementer shall have no responsibility for the discovery, presence, handling, removal, or disposal of or exposure to hazardous materials of any kind related to implementing the Project, including without limitation, asbestos, PCBs, or other toxic substances.
29. GOVERNING LAW. This Application shall be construed in accordance with the laws of the State of California and exclusive jurisdiction and venue of the federal and state courts of San Francisco, California to resolve any disputes.
Customer Signature
Customer acknowledges and agrees that Customer is eligible to participate and receive any Program incentives. Customer has reviewed and agrees to be legally bound by the attached Program terms and conditions which includes, but is not limited to, not removing any existing equipment or systems and/or purchasing or installing any Project energy efficiency measures, until Customer receives a written Project Approval.
Customer Representative (print) Signature Date
©2021 Willdan Government and K-12 Program
“PG&E” refers to Pacific Gas and Electric Company, a subsidiary of PG&E Corporation. ©2021 Pacific Gas and Electric Company. This energy efficiency program is funded by California utility customers and administered through PG&E under the auspices of the California Public Utilities Commission. The program is implemented and managed by Willdan and their authorized representatives. “PG&E” is a registered trademark of PG&E Corporation. PG&E is not responsible for any other content, names or marks in these program materials.
PPA-C22549-0121
102
Item # C9.
Willdan Government & K-12 Schools Program
Attachment 1
Multi-Site Attachment:
Site/Building Name Address Site
Contact
Site
Contact
Phone
Site Contact Email
City Hall
Senior Cen
Community Center
Milpitas Rec Center
Jose Higuera Adobe Park
Corp Yard - PW Warehouse
Fire Station #3
455 E Calaveras Blvd
Elaine Marshall (408) 586-2603 [email protected]
40 N Milpitas Blvd
457 E Calaveras Blvd
1325 E Calaveras Blvd
Wessex Pl
1265 N Milpitas Blvd
45 Midwick Dr
103
Item # C9.
To: PG&E Customers participating in the GK-12 Program for Heat Pump Hot Water heaters From: Thomas Kouris, Willdan Energy Solutions (PG&E Program Implementor) Subject: Demand Response
Thank you for your participation in the PG&E GK-12 Program. With the installation of a new electric Heat Pump Hot Water Heater, you have switched from gas to electric which reduces the carbon footprint with reduced greenhouse gas emissions (>30 metric tons Co2 reduction).
With the new heat pump hot water heater, you have accepted incentives which reduced your installation cost. As part of these incentives, you agree to participate in AutoGrid’s FlexSaver Program for a minimum of three years. This is a demand response program that will help reduce your electric bill and provides further incentives on an annual basis.
Demand response is necessary in California to help with grid management. When requested by PG&E or Cal ISO (grid management for the state), AutoGrid will turn off your heat pump hot water heater for up to 5 hours typically between the hours of 4-9pm (demand response event). The days selected are generally the hottest days of the year in August and September. The frequency is usually 5-15 times a year.
When these demand response events occur, you will not likely even realize it is happening. Immediately prior to the event, a signal will be sent to your heat pump hot water heater to turn on and heat the water in the tank to a temperature slightly higher than the setting. A drop in temperature is typically 1 degree per hour. By preheating the water prior to the event, any temperature difference should not be noticeable.
As the PG&E GK-12 program is for municipal and federal governments, along with schools, most buildings will be closing shortly after these demand response events begin. You should expect minimal impacts, unless you have significant use (use exceeding the unit storage capacity) during these evening hours.
Additionally, we can work with you on programming your controller to save energy during non-work hours. We also reserve the right to replace your controller to improve functionality.
The attached contract will need to be signed prior to installation. The contract also outlines the potential for future payments from AutoGrid for your continued participation.
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AutoGrid FlexSavers Program: Demand Response Agreement
With the installation of your new Heat Pump Hot Water Heater, you agree to participate in AutoGrid FlexSavers demand response program for three years. As a participant, you may receive additional revenue for system performance and to continue beyond the three-year demand response commitment you have made with the heat pump hot water heater installation.
PG&E’s program is currently through the end 2023, with the option to extend your participation beyond the initial period. During this time, you allow occasional control of your Heat Pump Water Heater during the hours of 4pm to 9pm on weekdays. When requested by PG&E, your HPWH will be remotely instructed to curtail reheating the water.
These events will last between 1-5 hours each time, will not occur more than three times a week, and will happen between 5 to 15 times during the year.
Please fill the following information:
First and last name of PG&E account holder City of Milpitas (Elaine Marshall, site contact) Email [email protected]
Street address where the Connected Device is located 40 N Milpitas Blvd 457 E Calaveras Blvd
Wessex Pl
1265 N Milpitas Blvd
45 Midwick Dr
Mailing address if different from above 1265 N. Mil pitas Blvd., Milpitas CA 95035 Either your PG&E (or CCA) account number
(from your bill) If CCA please indicate which
Electric Service: 2637174111
Connected Device manufacturer and model Provided af ter installation by Willdan Device ID (from Skycentrics) Provided after instal lation by Willdan
Address and Connected Device information will only be used by Willdan, AutoGrid and PG&E to verify your account, and by AutoGrid to remotely control the HPWH. It will not be shared with any other company at any time. At the conclusion of the program, all the data collected will be erased by Willdan and AutoGrid.
By signing this document, you agree to participate in the above program, and you have reviewed the terms and conditions of PG&E and AutoGrid, listed below.
___________________________________________ ______ _______________ Signature Date
See Terms and Conditions*
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Please complete the enrollment here by clicking on the
link below, or scanning the QR code with your smart phone
https://eaisystems.autogridflexsaver.app/
Terms and Conditions of PG&E & AutoGrid Flex Saver Program
Welcome to AutoGrid’s FlexSavers Program. With AutoGrid’s Energy Savers Program, your help strengthen California’s electricity grid and lower the chances of an outage.
These Terms and Conditions (the “Terms and Conditions”) apply to participants in PG&E FlexSavers, and are between you and AutoGrid Systems, Inc. (“AutoGrid”). The FlexSavers Program, managed by AutoGrid on behalf of PG&E, will make changes to your Connected Device’s operations in response to requests from PG&E. As a participant in the FlexSavers Program, you acknowledge and agree that your use of your Connected Device and your participation in the FlexSavers Program are subject to these Terms and Conditions.
Customer Agreements
You agree to participate in the FlexSavers Program, and you agree to allow AutoGrid to coordinate with your Connected Device’s manufacturer and/or provider to remotely control the Connected Device during the term of the FlexSavers Program, from January-1-2022 to December-31-2023 (the “Term”). Alternatively, AutoGrid may send you text messages to occasionally change the setting on your Connected Device. You authorize AutoGrid to request and access your personally identifiable information related to the Connected Device, including data on usage (“Data”). You agree to keep the Connected Device connected to PG&E’s electric service during the Term at your sole cost and expense.
You agree to occasionally receiving text messages from AutoGrid - your mobile provider’s standard rates for receiving text messages will apply.
You agree to participate in a demand response program for three years. The FlexSavers program has a current end date of December 31-2023. Should that program not be extended, you will roll over into another demand response program with the same parameters to complete the three-year term.
Usage During an Outage
Whenever there is an outage - whether that outage is planned for maintenance, a shutdown for wildfire prevention, or an emergency on the grid - your system will operate as it would normally. Your system will not be used in the FlexSavers Program during an outage or before a planned outage.
Incentives
You acknowledge that AutoGrid may receive all credits, rebates, environmental attributes, solar renewable energy credits, or other payments or offsets (the “Benefits”) that are attributable to the FlexSavers Program. All Benefits will be the sole property of and transferable by AutoGrid.
Should the system be utilized by PG&E for events, there is a potential for additional incentive. At the conclusion of your three-year enrollment in the demand response program, you may also be offered incentive to remain in the program. The incentive will be in the form of a rebate, at AutoGrid’s sole discretion, which will not be exchangeable for PG&E statement credit. You are solely responsible for 106
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compliance with federal, state, and local tax and other laws, and any costs associated with accepting and using the Rebate.
Termination
You agree that AutoGrid may suspend or terminate your participation in its FlexSavers Program at any time and without prior notice, for any reason or no reason, including if AutoGrid believes you have breached any provision of these Terms and Conditions. If you suspend or terminate your participation in the FlexSavers Program for any reason during the Term, including by disconnecting the Connected Device, you will be ineligible to receive the Rebate.
Communications
If you have opted to receive FlexSavers Program communications from AutoGrid, you are responsible for keeping your email address updated with AutoGrid by emailing customer- [email protected] or by calling 1-888-292-0502. In the event that your email address has changed, is not functioning properly, or is no longer valid, you may not receive FlexSavers Program communications from AutoGrid.
Disclaimer
AutoGrid makes no representations or warranties with respect to the FlexSavers Program or AutoGrid’s services hereunder, and AutoGrid expressly disclaims any and all representations and warranties, express or implied, with respect to the same, including, without limitation, merchantability and fitness for a particular purpose.
Indemnity; Limitation of Claims
Except to the extent prohibited under applicable law, you hereby release AutoGrid and its affiliated entities and their respective directors, officers, employees, and representatives (collectively, the “Indemnitees”) from, and agree to defend, indemnify and hold harmless the Indemnitees from and against, all claims, damages, losses, costs and expenses (including attorneys’ fees) arising out of any violation of these Terms and Conditions by you. AutoGrid reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with AutoGrid’s defense of those claims.
You must contact AutoGrid within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any claim based upon such event, facts, or dispute.
Data Usage and Disclosure
AutoGrid may use Data for the following purposes (in each case to the extent permitted by applicable law): (1) to operate, maintain, provide, and enhance the FlexSavers Program; (2) for AutoGrid’s internal purposes, including, without limitation, research and development, improvement of AutoGrid’s product and service offerings, and creation of new product and service offerings; (3) to customize content and communications AutoGrid may provide to customers; and (4) for other purposes so long as the Data does not contain personally identifiable information (including where Data has been deidentified).
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AutoGrid will not disclose Data to any third parties other than in the following circumstances: (1) where the Data does not contain personally identifiable information (including where Data has been deidentified); (2) in order to provide AutoGrid products or services to you (including working with third-party service providers who may assist AutoGrid in collecting, hosting, maintaining, analyzing, or otherwise processing Data for AutoGrid); (3) if required to do so by any law or regulation, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies; (4) if AutoGrid believes, in good faith, disclosure is appropriate or necessary to (a) take precautions against its own liability, (b) protect AutoGrid or others from fraudulent, abusive, or unlawful uses or activity, (c) investigate or defend against any third-party claims or allegations, (d) protect the security or integrity of AutoGrid’s services and any facilities or equipment used to make such services available, or (e) protect AutoGrid’s property or other legal rights (including, but not limited to, enforcement of AutoGrid’s agreements), or the rights, property, or safety of others; (5) to AutoGrid’s assignees, affiliates, actual or prospective lenders, financing parties, investors, insurers, and acquirers; (6) disclosure to contractors, service providers, and other third parties AutoGrid uses to support its business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which AutoGrid discloses it to them; and (7) for any purpose for which you have provided your express consent.
Arbitration
By accepting these Terms and Conditions, you hereby waive the right to a trial by jury or to participate in any class action or representative proceeding, and you agree that any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be held in the County of San Francisco, California. You and AutoGrid shall jointly request that the appointed arbitrator administer the arbitration efficiently and, if possible, issue a decision within six (6) months from the date the arbitrator is appointed. The arbitrator’s award shall set forth both the legal and factual basis of the award.
Attorneys’ Fees and Costs
If either you or AutoGrid initiates arbitration or any legal proceeding to enforce its rights under these Terms and Conditions, the prevailing party shall be entitled to an award of reasonable attorneys’ fees, reasonable expert fees, and costs and expenses actually incurred.
Governing Law
These Terms and Conditions are governed by and construed under the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You and AutoGrid hereby submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms and Conditions.
Email : [email protected]
Phone : 1-888-292-0502
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Privacy Policy
Copyright © 2022, AutoGrid Systems, Inc. All Rights Reserved. 109
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RIGHT OF ENTRY AGREEMENT Page 1 of 18
CITY OF MILPITAS
RIGHT OF ENTRY AGREEMENT
This Right of Entry Agreement (“Right of Entry”) is entered in by the CITY OF MILPITAS (referred to herein as the “City”) and Commercial Air and Refrigeration LLC, DBA Enovative Mechanical and Energy Services (referred to herein as “Contractor”). The City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
RECITALS
A. The City is a public agency organized under the laws of the State of California, and the owner of certain real properties commonly referred to as:
1. City Hall, 455 E Calaveras Blvd, Milpitas, CA 95035
2. Senior Center, 40 N Milpitas Blvd, Milpitas, CA 95035
3. Community Center, 457 E Calaveras Blvd, Milpitas, CA 95035
4. Milpitas Rec Center, 1325 E. Calaveras Blvd, Milpitas, CA 95035
5. Jose Higuera Adobe Park, Wessex PI, Milpitas, CA 95035
6. Corp Yard – PW Warehouse, 1265 N Milpitas Blvd, Milpitas, CA 95035
7. Fire Station #3, 45 Midwick Drive, Milpitas, CA 95035 B. Contractor desires to obtain the City’s permission to enter o nto the Property, on a temporary basis, for the purpose completing certain construction services on the terms and conditions set forth in this Right of Entry agreement, including all work incidental to the removal of existing hot water heaters and the installation of electric heat pump hot water heaters at the Properties. Contractor represents that it is duly licensed and experienced in providing these services as related to public clients, that it, its employees, and subcontractors have all necessary licenses and permits to perform the services in the State of California. The following license classifications are required for this Project: C-36 Plumbing, C -20 HVAC. Contractor also holds a General B license. All licenses are under CSLB #1036688.
C. Contractor wishes to undertake such work through the Government K-12 Program at no cost to the City.
D. The Parties wish to enter into this Right of Entry whereby the City will allow Contractor to enter onto the Property, on a temporary basis, for the above stated purpose as more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. 110
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NOW, THEREFORE, GRANTOR and GRANTEE do hereby agree as follows:
AGREEMENT
1. Right of Entry . The City hereby grants to Contractor and its agents, employees and contractors the temporary non -exclusive right to enter onto the Properties for the purpose of removing existing gas water heaters and install new electric heat pump water heaters as more particularly described in Exhibit “A,” and for no other purpose; provided, however, that Contractor’s use of the Property permitted hereunder shall not interfere with the reasonable use and enjoyment thereof by the City or any tenants, occupants or perso ns claiming through or under the City; and provided further that all persons who enter upon the Property pursuant to this Right of Entry do so at their own risk and shall comply with any and all instructions and directions of the City.
2. Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Right of Entry Agreement (hereinafter sometimes referred to as the “Work”), for the amount recoverable by Contractor through PG&E’s Government K-12 Program.
3. Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this agreement within 15 business days, beginning the effective date of the Notice to Proceed (“Contract Time”).
4. Standard of Performance; Performance of Employees. Contractor shall perform all Work in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is s killed in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this agreement.
As provided for in the indemnification provisions of this agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
5. Prevailing Wages . Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and 111
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the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and it shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees a nd agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for e ach worker paid less than the prevailing wage rates.
6. Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code as applicable with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
7. Hours of Work. Contractor is advis ed that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
8. Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Lab or Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship 112
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Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
9. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in part icular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for un derground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety dev ices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
10. Laws and Regulations . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all cost s arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
11. Permits and Licenses . Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor 113
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shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
12. Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalti es imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
13. State Recycling Mandates. Contractor shall comply with State Recycling Mandates.
Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
14. Loss and Damage . Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unfor eseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
15. Indemnification.
a) Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all cons equential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons. 114
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b) Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, s uit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
16. Insurance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit “B” (Insurance Requirements), attac hed hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance re quired therein. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
17. Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non- conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the p eriod of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non -conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expe nse. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work o r which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of accep tance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs as sociated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the 115
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Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or gu aranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
18. Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 o f the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work.
19. Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
20. Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
21. Termination. This Contract may be terminated by City at any time, either with or without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to th at time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine ap propriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Con tractor in connection with its performance of this Contract.
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22. Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
23. Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this agreement or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
24. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
25. Laws, Venue, and Attorneys’ Fees . Th is agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.
26. Counterparts. This agreement may be executed in counterparts, each of which shall constitute an original.
27. Certification of License . Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
28. Authority to Enter Contract . Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
29. Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
30. Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
31. City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.
117
Item # C9.
RIGHT OF ENTRY AGREEMENT Page 9 of 18
IN WITNESS WHEREOF, the Parties hereto have executed this Right of Entry on the date as indicated below each Party’s signature.
[SIGNATURES ON FOLLOWING PAGE]
118
Item # C9.
RIGHT OF ENTRY AGREEMENT Page 10 of 18
SIGNATURE PAGE
TO
CITY OF MILPITAS
RIGHT OF ENTRY AGREEMENT
GRANTOR:
CITY OF MILPITAS
GRANTEE:
COMMERCIAL AIR AND
REFRIGERATION LLC DBA
ENOVATIVE MECHANICAL AND
ENERGY SERVICES
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:
Christian Di Renzo, Public Works Director
Signature
Name
Title
Date
DIR Registration Number (If Applicable)
119
Item # C9.
RIGHT OF ENTRY AGREEMENT Page 11 of 18
EXHIBIT “A”
DESCRIPTION OF ACTIVITY TO BE CONDUCTED ON PROPERTY
CITY HALL – 455 E CALAVERAS BLVD
120-GALLON HEAT PUMP WATER HEATER
Turn-key removal of existing gas-fired water heater and replacing with two new 119- gallon State Industries Heat Pump Water Heaters, including:
STANDARD SCOPE OF WORK - $17,418.10
Water Heater
Drain, remove, and dispose of existing gas-fired water heater Install new Heat Pump Water Heater specified above
New drain pan
New earthquake strap
New TPR valve and pipe
Miscellaneous Plumbing. Install the following miscellaneous plumbing materials and equipment pursuant to Manufacturer's recommendations and the 2019 California Plumbing Code:
16' 3/4" Type L copper pipe
2 Dielectric Unions
PVC drain pipe
Cap existing gas pipe near water heater connection
All other copper, brass, and miscellaneous fittings around water heater location
5' of insulation on Hot and Cold lines attached to water heater ELECTRICAL. Install the following electrical materials and equipment as required per manufacturer's recommendation and the 2022 California Electrical Code:
2-pole switch
Single gang box
100-amp breaker
Run new THHN/similar branch circuit from breaker box to water heater location in rigid EMT pipe up to 20' maximum run distance Miscellaneous Items:
Permit fees and inspections
All labor to complete the standard scope of work
Delivery / shipping costs
Tax
ADDITIONAL SCOPE REQUIRED FOR THIS PROJECT - $250.00
ADD ON: ELECTRICAL RUN - 250.00
All work herein will be performed during normal business hours, Monday through Friday.
Price includes material, tax, and labor to complete only the above Scope of Work.
120
Item # C9.
RIGHT OF ENTRY AGREEMENT Page 12 of 18
SENIOR CENTER – 40 N MILPITAS BLVD
120-GALLON HEAT PUMP WATER HEATER AND 50-GALLON HEAT PUMP WATER HEATER
Turn-key removal of existing gas-fired water heater and replacing with one new 119- gallon State Industries Heat Pump Water Heater and one new 50-gallon Ruud/Rheem Heat Pump Water Heater, including:
STANDARD SCOPE OF WORK - $23,972.60
Water Heater
Drain, remove, and dispose of existing gas-fired water heater Install new Heat Pump Water Heater specified above
New drain pan
New earthquake strap
New TPR valve and pipe
Miscellaneous Plumbing. Install the following miscellaneous plumbing materials and equipment pursuant to Manufacturer's recommendations and the 2019 California Plumbing Code:
16' 3/4" Type L copper pipe
2 Dielectric Unions
PVC drain pipe
Cap existing gas pipe near water heater connection
All other copper, brass, and miscellaneous fittings around water heater location
5' of insulation on Hot and Cold lines attached to water heater ELECTRICAL. Install the following electrical materials and equipment as required per manufacturer's recommendation and the 2022 California Electrical Code:
2-pole switch
Single gang box
100-amp breaker / 30 amp breaker
Run new THHN/similar branch circuit from breaker box to water heater location in rigid EMT pipe up to 20' maximum run distance Miscellaneous Items:
Permit fees and inspections
All labor to complete the standard scope of work
Delivery / shipping costs
Tax
ADDITIONAL SCOPE REQUIRED FOR THIS PROJECT - $550.00
ADD ON: ELECTRICAL RUN - 550.00
All work herein will be performed during normal business hours, Monday through Friday.
Price includes material, tax, and labor to complete only the above Scope of Work.
121
Item # C9.
RIGHT OF ENTRY AGREEMENT Page 13 of 18
COMMUNITY CENTER – 457 E CALAVERAS BLVD
50-GALLON HEAT PUMP WATER HEATER
Turn-key removal of existing gas fired water heater and replacing with two new 50-gallon RUUD PROUH50 T2 RU-375-30 Heat Pump Water Heaters, including:
STANDARD SCOPE OF WORK - $13,109.00
Water Heater
Drain, remove, and dispose of existing gas-fired water heater Install new Heat Pump Water Heater specified above
New drain pan
New earthquake strap
New TPR valve and pipe
Miscellaneous Plumbing. Install the following miscellaneous plumbing materials and equipment pursuant to Manufacturer's recommendations and the 2019 California Plumbing Code:
16' 3/4" Type L copper pipe
2 Dielectric Unions
PVC drain pipe
Cap existing gas pipe near water heater connection
All other copper, brass, and miscellaneous fittings around water heater location
5' of insulation on Hot and Cold lines attached to water heater ELECTRICAL. Install the following electrical materials and equipment as required per manufacturer's recommendation and the 2022 California Electrical Code:
2-pole switch
Single gang box
30-amp breaker
Run new THHN/similar branch circuit from breaker box to water heater location in rigid EMT pipe up to 20' maximum run distance Miscellaneous Items:
Permit fees and inspections
All labor to complete the standard scope of work
Delivery / shipping costs
Tax
ADDITIONAL SCOPE REQUIRED FOR THIS PROJECT - $1800.00 ADD ON: ELECTRICAL RUN - $1800.00
All work herein will be performed during normal business hours, Monday through Friday.
Price includes material, tax, and labor to complete only the above Scope of Work.
122
Item # C9.
RIGHT OF ENTRY AGREEMENT Page 14 of 18
MILPITAS REC CENTER – 1325 E CALAVERAS BLVD
2 x 120-GALLON HEAT PUMP WATER HEATERS
Turn-key removal of existing gas-fired water heaters and replacing with two new 119- gallon State Industries Heat Pump Water Heaters, including:
STANDARD SCOPE OF WORK - $34,836.20
Water Heater
Drain, remove, and dispose of existing gas-fired water heater Install new Heat Pump Water Heater specified above
New drain pan
New earthquake strap
New TPR valve and pipe
Miscellaneous Plumbing. Install the following miscellaneous plumbing materials and equipment pursuant to Manufacturer's recommendations and the 2019 California Plumbing Code:
16' 3/4" Type L copper pipe
2 Dielectric Unions
PVC drain pipe
Cap existing gas pipe near water heater connection
All other copper, brass, and miscellaneous fittings around water heater location
5' of insulation on Hot and Cold lines attached to water heater ELECTRICAL. Install the following electrical materials and equipment as required per manufacturer's recommendation and the 2022 California Electrical Code:
2-pole switch
Single gang box
100-amp breaker / 30 amp breaker
Run new THHN/similar branch circuit from breaker box to water heater location in rigid EMT pipe up to 20' maximum run distance Miscellaneous Items:
Permit fees and inspections
All labor to complete the standard scope of work
Delivery / shipping costs
Tax
ADDITIONAL SCOPE REQUIRED FOR THIS PROJECT - $1500.00 ADD ON: ELECTRICAL RUN - 1500.00
All work herein will be performed during normal business hours, Monday through Friday.
Price includes material, tax, and labor to complete only the above Scope of Work.
123
Item # C9.
RIGHT OF ENTRY AGREEMENT Page 15 of 18
JOSE HIGUERA ADOBE PARK – WESSEX PL
50-GALLON HEAT PUMP WATER HEATER
Turn-key removal of existing gas fired water heater and replacing with two new 50-gallon RUUD PROUH50 T2 RU-375-30 Heat Pump Water Heaters, including:
STANDARD SCOPE OF WORK - $6,554.50
Water Heater
Drain, remove, and dispose of existing gas-fired water heater Install new Heat Pump Water Heater specified above
New drain pan
New earthquake strap
New TPR valve and pipe
Miscellaneous Plumbing. Install the following miscellaneous plumbing materials and equipment pursuant to Manufacturer's recommendations and the 2019 California Plumbing Code:
16' 3/4" Type L copper pipe
2 Dielectric Unions
PVC drain pipe
Cap existing gas pipe near water heater connection
All other copper, brass, and miscellaneous fittings around water heater location
5' of insulation on Hot and Cold lines attached to water heater ELECTRICAL. Install the following electrical materials and equipment as required per manufacturer's recommendation and the 2022 California Electrical Code:
2-pole switch
Single gang box
30-amp breaker
Run new THHN/similar branch circuit from breaker box to water heater location in rigid EMT pipe up to 20' maximum run distance Miscellaneous Items:
Permit fees and inspections
All labor to complete the standard scope of work
Delivery / shipping costs
Tax
ADDITIONAL SCOPE REQUIRED FOR THIS PROJECT - $750.00
ADD ON: ELECTRICAL RUN - $500.00
ADD ON: JUNCTION BOX - $250.00
All work herein will be performed during normal business hours, Monday through Friday.
Price includes material, tax, and labor to complete only the above Scope of Work.
124
Item # C9.
RIGHT OF ENTRY AGREEMENT Page 16 of 18
CORP YARD – PW WAREHOUSE – 1265 N MILPITAS BLVD
50-GALLON HEAT PUMP WATER HEATER
Turn-key removal of existing gas fired water heater and replacing with two new 50-gallon RUUD PROUH50 T2 RU-375-30 Heat Pump Water Heaters, including:
STANDARD SCOPE OF WORK - $13,109.00
Water Heater
Drain, remove, and dispose of existing gas-fired water heater Install new Heat Pump Water Heater specified above
New drain pan
New earthquake strap
New TPR valve and pipe
Miscellaneous Plumbing. Install the following miscellaneous plumbing materials and equipment pursuant to Manufacturer's recommendations and the 2019 California Plumbing Code:
16' 3/4" Type L copper pipe
2 Dielectric Unions
PVC drain pipe
Cap existing gas pipe near water heater connection
All other copper, brass, and miscellaneous fittings around water heater location
5' of insulation on Hot and Cold lines attached to water heater ELECTRICAL. Install the following electrical materials and equipment as required per manufacturer's recommendation and the 2022 California Electrical Code:
2-pole switch
Single gang box
30-amp breaker
Run new THHN/similar branch circuit from breaker box to water heater location in rigid EMT pipe up to 20' maximum run distance Miscellaneous Items:
Permit fees and inspections
All labor to complete the standard scope of work
Delivery / shipping costs
Tax
ADDITIONAL SCOPE REQUIRED FOR THIS PROJECT - $4675.00 ADD ON: ELECTRICAL RUN - $1500.00
ADD ON: PANEL UPGRADES - $2500.00
ADD ON: ADDITIONAL LABOR - $675.00
All work herein will be performed during normal business hours, Monday through Friday.
Price includes material, tax, and labor to complete only the above Scope of Work.
125
Item # C9.
RIGHT OF ENTRY AGREEMENT Page 17 of 18
FIRE STATION #3 – 45 MIDWICK DRIVE
50-GALLON HEAT PUMP WATER HEATER
Turn-key removal of existing gas fired water heater and replacing with two new 50-gallon RUUD PROUH50 T2 RU-375-30 Heat Pump Water Heaters, including:
STANDARD SCOPE OF WORK - $6,554.50
Water Heater
Drain, remove, and dispose of existing gas-fired water heater Install new Heat Pump Water Heater specified above
New drain pan
New earthquake strap
New TPR valve and pipe
Miscellaneous Plumbing. Install the following miscellaneous plumbing materials and equipment pursuant to Manufacturer's recommendations and the 2019 California Plumbing Code:
16' 3/4" Type L copper pipe
2 Dielectric Unions
PVC drain pipe
Cap existing gas pipe near water heater connection
All other copper, brass, and miscellaneous fittings around water heater location
5' of insulation on Hot and Cold lines attached to water heater ELECTRICAL. Install the following electrical materials and equipment as required per manufacturer's recommendation and the 2022 California Electrical Code:
2-pole switch
Single gang box
30-amp breaker
Run new THHN/similar branch circuit from breaker box to water heater location in rigid EMT pipe up to 20' maximum run distance Miscellaneous Items:
Permit fees and inspections
All labor to complete the standard scope of work
Delivery / shipping costs
Tax
ADDITIONAL SCOPE REQUIRED FOR THIS PROJECT - $1000.00 ADD ON: ELECTRICAL RUN - $1000.00
[ATTACHED]
126
Item # C9.
38077.00180\3446
3022.1
EXHIBIT “B”
INSURANCE PROVISIONS
The GRANTEE shall obtain, and shall require any consultant or contractor entering the PROPERTY on its behalf to obtain insurance of the types and in the amounts described below and satisfactory to the GRANTOR.
A. Commercial General Liability Insurance . The GRANTEE shall maintain commerc ial general liability insurance on coverage form ISO CG 00 01 with an occurrence limit of $1,000,000.
If such insurance contains a general aggregate limit, it shall apply separately to this Right of Entry or be no less than two times the occurrence limit. Such insurance shall:
a) Be endorsed using ISO CG 20 10 (or equivalent) to provide that GRANTOR and its officers, officials, employees, and agents shall be additional insureds under such policies. b) Include a waiver of subrogation in favor of GRANTOR its offi cials, officers, employees, agents, and consultants;
c) Be primary and non -contributory with respect to any insurance or self -insurance programs covering the GRANTOR, its officials, officers, employees, agents and consultants; and d) Contain standard separation of insured provisions.
B. Workers’ Compensation Insurance. The GRANTEE shall maintain workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000 each accident, along with a waiver of subrogation endorsement in favor of GRANTOR, its officers, officials, employees, and agents.
C. Certificates of Insurance . The GRANTEE shall, prior to entering the PROPERTY, furnish the GRANTOR with properly executed certificates of insurance and, if requested by the GRANTOR, certified copies of endorsements and policies, which clearly evidence all insurance required under this Right of Entry and provide that such insurance shall be not canceled, allowed to expire or be materially reduced in coverage, except on thirty (30) days’ prior written notice to the GRANTOR. The GRANTOR shall have the sole discretion to determine whether the certificates and endorsements presented comply with the provisions of this Right of Entry.
D. Coverage Maintenance . The GRANTEE shall re place certificates, policies and endorsements for any insurance expiring prior to the termination of this Right of Entry. Unless otherwise provided for in this Right of Entry, the GRANTEE shall maintain such insurance from the execution of this Right of Entry until completion of the agreed use of the GRANTOR’s property is complete and the PROPERTY is fully restored, except as otherwise provided in this Right of Entry.
E. Licensed Insurer. The GRANTEE shall place such insurance with insurers having A.M. Best Company ratings of no less than A-:VII and licensed to do business in California, unless otherwise approved, in writing, by the GRANTOR.
127
Item # C9.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Reject a Bid Protest from Ashron Construction and Restoration, Inc.; and Award a Construction Contract to Tucker Construction, Inc. in the amount of $51,060.00 for the Fire Training Tower Concrete Repair (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 4/18/2023
Recommendation: Adopt a resolution to reject a bid protest from Ashron Construction and Restoration, Inc.; and Award a construction contract to Tucker Construction, Inc. in the amount of $51,060.00 for the Fire Training Tower Concrete Repair.
Background and Analysis:
An assessment of the Fire Training Tower (located at 777 S. Main St.) was conducted in August 2020. The assessment noted various areas of the concrete structure that require repair. A bid was published on February 17, 2023, followed by a mandatory bid walk on March 1, 2023, at 1:00pm with five potential bidders in attendance.
When the IFB closed on March 17, 2022, two contractors had bid on the project. Both those bids qualified.
Ashron Construction and Restorations, Inc. (“Ashron”) submitted a base bid in the amount of $288,000.00.
Tucker Construction, Inc. submitted a base bid in the amount of $51,060.00. Bid results were posted on March 20, 2023 (Attachment 2). The difference between the two qualifying bids was $236,940.00.
A bid protest from Ashron (Attachment 3) was received on March 27, 2023, and was reviewed by the City Attorney. Pursuant to Milpitas Municipal Code section I-2-3.19-3, all bid protests for procurements greater than $50,000 shall be considered by the City Council.
The bid protest submitted by Ashron was made on two grounds. First, Ashron alleged that Tucker Construction, Inc. does not carry a General B contractor license. Second, that the City did not publish the bid result tabulation at the time that it published the notice of intent to award. Both of the grounds for appeal are without merit. According to the Contractors State License Board, Tucker Construction, Inc. carries license number 454738, which includes both a General B license and a C13 Fencing license (Attachment 4).
Additionally, the bid results were posted on the City’s website on March 20, 2023. The bid results identified all bidders and amounts.
Ashron’s protest is without merit. Notice of intent to recommend rejection of the bid protest was sent to Ashron on April 7, 2023. Staff recommends that the City Council reject Ashron’s bid protest and award the Construction Contract to Tucker Construction, Inc. in the amount of $51,060.00 for the Fire Training Tower Concrete Repair.
Policy Alternative:
Alternative: Accept Ashron’s protest and award the contract to Ashron.
Pros: None.
Cons: The City will pay $236,940.00 more than necessary to repair the concrete at the Fire Training Tower.
Reason not Recommended: The City will pay $236,940.00 more than necessary for the project. 128
Item # C10.
Fiscal Impact:
This project will be funded by Fire Station Improvement CIP (3403), primarily funded by General Government CIP. The current estimated balance for the project is $594,839 as of March 31, 2023.
California Environmental Quality Act:
Project is exempt under Section 15301 (Existing Facilities), Section 15302 (Replacement of Reconstruction), and 15303 (New Construction or Conversion of Small Structures) of the CEQA guidelines.
Recommendations:
Adopt a Resolution to Reject a Bid Protest from Ashron Construction and Restoration, Inc.; and Award a Construction Contract to Tucker Construction, Inc. in the amount of $51,060.00 for the Fire Training Tower Concrete Repair.
Attachments:
1: Resolution
2: Bid Results
3: Bid Protest from Ashton Construction and Restoration, Inc. 4: Notice of Intent to Reject Bid Protest from City
129
Item # C10.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS REJECTING A BID PROTEST FROM ASHRON CONSTRUCTION AND RESTORATION, INC., AND AWARDING
A CONSTRUCTION CONTRACT AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE CONTRACT WITH THE LOWEST RESPONSIBLE BIDDER SUBMITTING A RESPONSIVE BID, TUCKER CONSTRUCTION, INC., IN THE AMOUNT OF $51,060.00 FOR
THE FIRE TRAINING TOWER CONCRETE REPAIR
WHEREAS, An assessment of the Fire Training Tower (located at 777 S. Main St.) was conducted in August 2020. The assessment noted various areas of concrete structure that required repair; and
WHEREAS, a bid was published on February 17, 2023, followed by a mandator y bid walk on March 1, 2023, at 1:00 p.m. with (5) five potential bidders in attendance; and
WHEREAS, the project was bid in accordance with the bidding requirements under the Uniform Public Construction Cost Accounting Act; and
WHEREAS, on March 17, 2023, two sealed bid proposals were received; and
WHEREAS, one bid protest from Ashron Construction and Restoration, Inc. was filed with the City within five (5) days of the bid opening; and
WHEREAS, the bid protest from Ashron Construction and Restoration, Inc. was deemed meritless and a notice of intent to reject the bid protest was delivered to Ashron Construction and Restoration, Inc. on April 4, 2023; and
WEHEREAS, Pursuant to Milpitas Municipal Code section I -2-3.19-3, all bid protests for procurements greater than $50,000 shall be considered by the City Council; and
WHEREAS, the City Council considered Ashron Construction and Restoration, Inc.’s bid protest on April 18, 2023; and
WHEREAS, the lowest responsible bidder submitting a responsible bid is Tucker Construction , Inc., in the base bid amount of $51,060.00; and
WHEREAS, sufficient funds are available in the project budget to award the base bid item under Tucker Construction Inc.’s bid amount in the amount of $51,060.00; and
WHEREAS, staff recommends the City Council reject the bid protest from Ashron Construction and Restoration, Inc., as meritless for the reasons specified in the Notice and award a construction contract for the Base Bid items to Tucker Construction, Inc., the lowest responsible bidder submitting a responsive bid, and authorize the City Manager to execute a contract in the total amount of $51,060.00 in accordance with State law.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other 130
Item # C10.
2 Resolution No. ____
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 rejects the bid protest from Ashron Construction and Restoration, Inc. as meritless.
3. The City Council hereby awards the construction contract to and authorizes the City Manager to execute the contract and related documents with the lowest responsible bidder submitting a responsive bid, Tucker Construction, Inc., for the Base Bid scope of work in the amount of $51,060.00 for the Project.
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
131
Item # C10.
PURCHASING DIVISION
IFB FOR: Fire Training Tower Concrete Repair
IFB NO: 23-061
DUE DATE: March 17, 2023
BUYER: S. Pietrobono
Ashron Construction and
Restoration, Inc.
9801 Orr Road
Galt, CA 95632
Tucker Construction, Inc.
1725-D Little Orchard Street
San Jose, CA 95125
1 2 3 4 5 6 7
Base Bid $288,000.00 $51,060.00
* Disqualified – Reason
**BID AWARD IN PROGRESS** City Council Date: (N/A)
AWARD TO: (Put in company name) Lowest Most Responsive, Responsible Bidder Meeting Specifications CODE KEY: INA = Information Not Available NS = Not Stated NB = No Bid DY = Days WK = Weeks HR = Hours
132
Item # C10.
9801 Orr Road
Galt, CA 95632
P: (408) 956-0909 F: (408) 956-0918
www.ashronconstruction.com
License #816425 SBE
DID #1000005468
March 27, 2023
To: City of Milpitas
Public Works
455 E. Calaveras Blvd. Milpitas, CA 95035
Att: Steve Pietrobono and City Council
Subject: Bid Protest Decision Fire Training Tower Concrete Repair – Project ID: 23-061
Ashron Construction and Restoration, Inc. submitted its bid for the subject project and apply this protest to request the City of Milpitas to cancel the decision to award the project to Tucker Construction Inc. and to publish the missing information per the following:
1. The Notice Inviting Bids required “…each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the Contract: General B.” Tucker Construction Inc. do not carry license B as requested as published on CSLB website.
2. The Notice Inviting Bids stating that the City shall award the Contract for the Project to the lowest responsive bidder but did not publish the bid results tabulation. Just a reminder, I called you the submitting due date to check regarding the bid results and you promised that it will be published online that Friday or coming Monday morning but it did not happened.
Sincerely,
Ezra Cohen, President
Ashron Construction and Restoration, Inc
9801 Ott Road, Galt, CA 95632
133
Item # C10.
134
Item # C10.
135
Item # C10.
136
Item # C10.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Waive the Second Reading and Adopt Ordinance No. 120.50 to Amend Chapter 1 of Title VIII of the Milpitas Municipal Code Relating to Water Service Charges (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Lauren Lai, Director of Finance, 408-586-3111)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 4/18/2022
Recommendation: (1) Waive the second reading of Ordinance No. 120.50; and (2) Adopt Ordinance No. 120.50 to amend Chapter 1 of Title VIII of the Milpitas Municipal Code relating to water service charges.
BACKGROUND:
On March 21, 2023, the City Council introduced Ordinance No. 120.50 to amend Chapter 1 of Title VIII of the Milpitas Municipal Code to establish water and recycled water rates. This ordinance would establish water and recycled water rates for FY 23/24 through FY 27/28. In accordance with State Regulations and Title 4, Chapter 3, Section 4.00 of the Milpitas Municipal Code, setting rates is necessary to ensure revenues cover all system operation and maintenance (O&M) costs and all capital improvement program (CIP) costs.
No changes were made to the ordinance introduced on March 21, 2023. Ordinance No. 120.50 is ready for adoption.
ANALYSIS:
Ordinance No. 120.50 would allow the City to establish water rates necessary to recover current projected costs for O&M and CIP, cost increases in wholesale water purchases and to maintain target reserve funds, per City policy and in accordance with Milpitas Municipal Code. For the five-year period (FY 23/24 to FY 27/28) water purchases are estimated to total $137 million. Operating costs are estimated to total $54.6 million and ca pital costs are estimated to total $32.6 million. The rates and charges recommended will ensure the Water System meets or exceeds customer requirements for reliable service, avoids operational deficits and the depletion of reserves and maintains favorable credit ratings to minimize potential future debt services costs.
POLICY ALTERNATIVE(S):
Alternative 1: Do Not Adopt Ordinance 120.50
Pros: The existing water rates would remain in place.
Cons: The water fund would be in violation of the Municipal Code, which requires the water fund be operated as a self-supporting enterprise. The City would not have enough funds to pay for wholesale water and continue to operate and maintain the system, which in turn can jeopardize the City’s ability to meet mandat ed water quality standards. A delay in adjusting water rates also impacts the City’s ability to fund critical capital improvement projects needed to maintain system reliability and replace/rehabilitate the pipeline infrastructure.
Reason for not Recommend ing: Financially, no-action to increase water rates and charges will result in revenues falling below what is needed. This would result in the delay of construction of priority capital improvement projects and an increased risk of customer requirements for water quality and quantity not being met. By FY 25/26, operating reserves would fall further below policy targets and the Water System will not 137 Item # C11.
generate sufficient revenues to pay for its wholesale water purchases and debt services obligations without impact to the General Fund. All reserves would be depleted by FY 26/27 and future credit ratings would be impacted.
FISCAL IMPACT:
If Ordinance No. 120.50 is adopted, the water rate adjustments are adopted as presented, the new water rate and charges would g enerate enough revenues for the next five years to meet or exceed customer requirements for water quality and quantity, avoid operational deficits, depletion of reserves and maintains favorable credit ratings to minimize potential future debt services costs.
California Environmental Quality Act:
Adopting Ordinance No. 120.50 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:
1. Waive the second reading of Ordinance No. 120.50.
2. Adopt Ordinance No. 120.50 to amend Chapter 1 of Title VIII of the Milpitas Municipal Code relating to water service charges.”
Attachments:
1. Ordinance No. 120.50 (2nd Reading)
138
Item # C11.
REGULAR
NUMBER: 120.50
TITLE: AN ORDINANCE OF THE CITY OF MILPITAS AMENDING SECTION 6 OF CHAPTER 1,
TITLE VIII OF THE MILPITAS MUNICIPAL CODE RELATING TO WATER SERVICE
CHARGES
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of __________________, upon motion by __________________ and was adopted (second reading) by the City Council at its meeting of_____________, upon motion by __________________. Said Ordinance was duly passed and ordered published in accordance with law by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
__________________________________ ____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
__________________________________
Michael Mutalipassi, City Attorney
139
Item # C11.
1 Ordinance No. 120.50
RECITALS AND FINDINGS:
WHEREAS, the provision of potable and recycled water services by the City of Milpitas (“City”) require the City to incur capital, operating, maintenance, replacement, and other costs related to the provision of such services; and
WHEREAS, the City engaged Raftelis to prepare a cost of service analysis and water rate study (the “Rate Study”); and
WHEREAS, as a result of the Rate Study, the City Council has determined that increases in the rates for its water service charges are in the best interests of the City a nd in keeping with sound business and financial managemen t of the water enterprises; and
WHEREAS, the City Council hereby finds and determines the following with regard to the proposed rate increases to the water service charges:
1. The rate structure for t he water service charges has three components: (a) a Water Meter Charge, which is a fixed bimonthly charge determined on the basis of the size of the water meter (in inches) serving a customer’s property and calculated to recover a portion of the City’s fixed costs in providing water service; (b) a Volumetric Charge, which is a uniform rate determined based on customer class, imposed on the basis of the amount of water delivered to a customer in hundreds of cubic feet (“HCF”) and calculated to recover a por tion of the City’s fixed and variable costs of providing water service; and (c) a Capital Surcharge imposed on the basis of the amount of water delivered to a customer in HCF and calculated to recover capital costs of the water system; and
2. The rate structure also has a Fire Meter Charge which is: (a) imposed on certain properties requiring a large private fire suppression system, and upon the request of the customer or property owner for the delivery of water to the property for the purpose of fire servic e protection; and (b) established on the basis of the size of the fire service line (in inches) and calculated to recover the cost of providing water to such properties for private fire service protection; and
WHEREAS, the City hereby finds and determines that in accordance with the provisions of California Constitution Article XIII D, Section 6 (“Article XIII D”):
1. The City identified the parcels upon which the water service charges are proposed to be imposed, and calculated the amount of the water service charges proposed to be imposed on each parcel; and
2. The City caused a written notice to be mailed to the record owners of property upon which the proposed water service charges will be imposed and the customers of each parcel upon which the pr oposed increases to the water service charges are proposed for imposition, which explained: (a) the amount of the water service charges; (b) the basis on which they were calculated; (c) the reason for the increases; and (d) the date, time, and location of the public hearing on the proposed increases; and
3. On March 21, 2023 (more than 45 days after mailing the notice), the City conducted a public hearing and considered all written protests against the proposed increases to the rates for the water service charges; and
4. At the conclusion of the public hearing, written protests against the proposed increases to the rates for the water service charges were not presented by a majority of property owners of record and customers subject to the proposed water service charges; and
WHEREAS, the adoption of the proposed increases to water service charges are statutorily exempt from the requirements of the California Environmental Quality Act under California Resources Code Section 21080(b)(8).
NOW THEREFORE, the City Council of the City of Milpitas does ordain as follows:
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Item # C11.
2 Ordinance No. 120.50
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the Rate Study, City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE VIII-1-6.13 THROUGH VIII-1-6.16
Sections VIII-1-6.13, VIII-1-6.14, VIII-1-6.15 and VIII-6.16 of the Milpitas Municipal Code are hereby amended to read as follows:
VIII-1-6.13 - Quantity Charges
The quantity charges include a volumetric charge and a capital surcharge. The uniform rates for the quantity charges are billed bimonthly and imposed per hundred cubic feet ("HCF") for metered water service. The rates and effective dates for the quantity charges shall be those set forth below.
RATES AND EFFECTIVE DATES FOR QUANTITY CHARGES ($/HCF)
7/1/2022 7/1/2023 7/1/2024 7/1/2025 7/1/2026 7/1/2027
Potable $6.70 $7.17 $7.64 $8.14 $8.67 $9.24
Recycled $4.51 $5.41 $5.77 $6.15 $6.55 $6.98
Capital $1.08 $1.14 $1.20 $1.26 $1.33 $1.40
FY = Fiscal Year
1 HCF = One Hundred Cubic Feet = 748 Gallons
VIII-1-6.14 - Bimonthly Water Meter Charges
(a) Water Meter Charges: The rates and the effective dates for the bimonthly water meter charges, determined on the basis of the size of the water meter, shall be as follows:
BIMONTHLY WATER METER RATES AND EFFECTIVE DATES FOR POTABLE WATER SERVICE CHARGE
($/SIZE OF WATER METER)
Meter Size
(Inches) 7/1/2022 7/1/2023 7/1/2024 7/1/2025 7/1/2026 7/1/2027 5/8 $34.10 $35.87 $38.21 $40.70 $43.35 $46.17
3/4 $51.14 $47.03 $50.09 $53.35 $56.82 $60.52
1 $85.24 $69.34 $73.85 $78.66 $83.78 $89.23
1-1/2 $170.48 $125.14 $133.28 $141.95 $151.18 $161.01 141
Item # C11.
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2 $272.76 $192.10 $204.59 $217.89 $232.06 $247.15
3 $511.43 $404.13 $430.40 $458.38 $488.18 $519.92
4 $852.38 $716.60 $763.18 $812.79 $865.63 $921.90
6 $1,704.76 $1,464.29 $1,559.47 $1,660.84 $1,768.80 $1,883.78 8 $1,704.76 $3,138.22 $3,342.21 $3,559.46 $3,790.83 $4,037.24 10 $1,704.76 $4,700.56 $5,006.10 $5,331.50 $5,678.05 $6,047.13
BIMONTHLY WATER METER RATES AND EFFECTIVE DATES FOR RECYCLED WATER SERVICE CHARGE
($/SIZE OF WATER METER)
Meter Size
(Inches) 7/1/2022 7/1/2023 7/1/2024 7/1/2025 7/1/2026 7/1/2027 5/8 $34.10 $13.54 $14.43 $15.37 $16.37 $17.44
3/4 $51.14 $13.54 $14.43 $15.37 $16.37 $17.44
1 $85.24 $13.54 $14.43 $15.37 $16.37 $17.44
1-1/2 $170.48 $13.54 $14.43 $15.37 $16.37 $17.44
2 $272.76 $13.54 $14.43 $15.37 $16.37 $17.44
3 $511.43 $13.54 $14.43 $15.37 $16.37 $17.44
4 $852.38 $13.54 $14.43 $15.37 $16.37 $17.44
6 $1,704.76 $13.54 $14.43 $15.37 $16.37 $17.44
8 $1,704.76 $13.54 $14.43 $15.37 $16.37 $17.44
10 $1,704.76 $13.54 $14.43 $15.37 $16.37 $17.44
(b) For Temporary Construction Meter Customers, the bimonthly water meter charges shall be equal to the bimonthly water meter charges for three-inch water meters set forth in Section 6.14(a).
No adjustments shall be granted to any water account holder due to variation in the days of service for any bimonthly billing period. Acceptable days of service range from 50 to 69 days per bimonthly billing period.
VIII-1-6.15 - Fire Service Charges
The rates and effective dates for the bimonthly fire service charges, determined on the basis of the size of the fire service, shall be as follows:
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RATES AND EFFECTIVE DATES FOR FIRE SERVICE CHARGE
($/SIZE OF FIRE SERVICE LINE)
Line Size
(Inches) 7/1/2022 7/1/2023 7/1/2024 7/1/2025 7/1/2026 7/1/2027 2 $54.55 $54.55 $54.55 $54.55 $54.55 $54.55
3 $102.29 $102.29 $102.29 $102.29 $102.29 $102.29
4 $170.48 $170.48 $170.48 $170.48 $170.48 $170.48
6 $340.95 $340.95 $340.95 $340.95 $340.95 $340.95
8 $340.95 $340.95 $340.95 $340.95 $340.95 $340.95
10 $340.95 $340.95 $340.95 $340.95 $340.95 $340.95
Water flowing through fire suppression systems shall be used solely for the purpose of fire protection and testing of such fire protection systems. In the event that water service provided through fire suppression systems is used for purposes other than for fire protection or the testing of such fire protection systems, the quantity charges equal to the quantity charge rates (per HCF) for Commercial/Industrial/Institutional customers shall be imposed.
VIII-1-6.16 - Billing and Effective Dates of Water Rates and Charges Billing. After the Ordinance adopting the charges set forth in this Section goes into effect, customers shall be subject to the water service charges at the rates and on the effective dates set forth in 6.13 (Quantity Charges), 6.14 (Bimonthly Water Meter Charges), and 6.15 (Fire Service Charges), for services provided on or after July 1, 2023, July 1, 2024, July 1, 2025, July 1, 2026, and July 1, 2027 respectively. In the absence of amendment of the rates set forth herein or adoption of a new rate ordinance, the rates in effect on July 1, 2027, and set forth herein shall remain in effect until amended or repealed.
SECTION 3. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact t hat any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional, provided, however, that if any decision of a court of competent jurisdiction invalidates the increase of the water service charges set forth in this Ordinance, then the water service charges in effect on the date of adoption shall continue in existence.
SECTION 4. ORDINANCE PREVAILS
To the extent that any other provision of local law relating to the establishm ent of water charges is inconsistent with this Ordinance, the provisions of this Ordinance shall prevail. This Ordinance shall supersede all other previous City Council resolutions and ordinances that may conflict with, or be contrary to, this Ordinance.
SECTION 5. EFFECTIVE DATE AND POSTING
This Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
143
Item # C11.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Waive the Second Reading and Adopt Ordinance No. 208.55 to Amend Chapter 2 of Title VIII of the Milpitas Municipal Code Relating to Sewer Service Charges (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Lauren Lai, Director of Finance, 408-586-3111)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 4/18/2022
Recommendation: (1) Waive the second reading of Ordinance No. 208.55; and (2) Adopt Ordinance No. 208.55 to amend Chapter 2 of Title VIII of the Milpitas Municipal Code relating to sewer service charges.
BACKGROUND:
On March 21, 2023, the City Council introduced Ordinance No. 208.55 to amend Chapter 2 of Title VIII of the Milpitas Municipal Code to establish sewer rates. This ordinance would establish sewer rates for FY 23/24 through FY 27/28. In accordance with State Regulations and Title 4, Chapter 3, Section 4.00 of the Milpitas Municipal Code, setting rates is necessar y to ensure revenues cover all system operation and maintenance (O&M) costs and all capital improvement program (CIP) costs. No changes were made to the ordinance introduced on March 21, 2023. Ordinance No. 208.55 is ready for adoption.
ANALYSIS:
Ordinance No. 208.55 would allow the City to establish sewer rates necessary to recover current and projected costs for O&M, CIP, the City’s share of the San Jose/Santa Clara Regional Wastewater Facility (RWF) operation and maintenance expenses and to maintain target reserve funds, per City policy and in accordance with Milpitas Municipal Code. For the five-year period (FY 23/24 to FY 27/28), City capital costs are estimated to total $34.6 million. The City’s share of capital costs for the RWF estimated by and passed through from City of San Jose for the same five-year period amounts to $30.1 million. The City’s operating costs are estimated to total $40.5 million and the City of San Jose total RWF treatment costs amount to $39.4 million. The rates and charges recommended will ensure the Sewer System meets or exceeds customer requirements for reliable service, avoids operational deficits and the depletion of reserves and maintains favorable credit ratings to minimize potential future debt services costs.
POLICY ALTERNATIVE(S):
Alternative 1: Do Not Adopt Ordinance 208.55
Pros: The existing sewer rates would remain in place.
Cons: The sewer fund would be in violation of the Municipal Code, which requires the sewer fund be operated as a self -supporting enterprise. This in turn will adversely impact future credit ratings for external financing needed to fund the City’s share of the capital program at the RWF, due in July 2023. A delay in adjusting sewer rates also impacts the City’s ability to fund critical capital improvement projects needed to maintain system reliability and replace/rehabilitate the pipeline infrastructure.
Reason for not Recommending: Financially, no-action to increase sewer rates and charges will result in revenues falling below what is needed. This would result in the delay of construction of priority capital improvement projects, such as FMA. Delaying FMA would further extend its risk for failure. Additionally, customer requirements for reliable service would not be met. By FY 25/26, operating reserves would fall 144 Item # C12.
below policy level and the Sewer System will not generate sufficient revenues after the City pays RWF obligations, without impact to the General Fund. Subsidy of mobile homes would not be recommended. All reserves would be depleted by FY 26/27 and future credit ratings would be impacted.
FISCAL IMPACT:
If Ordinance No. 208.55 is adopted, the new sewer rate and charges would generate enough revenues for the next five years to meet or exceed customer requirements for reliable service, avoid operational deficits, depletion of reserves and maintains favorable credit ratings to minimize potential future debt services costs.
A total late fee (Fund 109) utility subsidy in the approximate amount of $109,481 will be needed to supplement mobile home customers from FY 23/24 to FY 26/27.
California Environmental Quality Act:
Adopting Ordinance No. 208.55 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 dir ectly impact the environment.
RECOMMENDATION:
1. Waive the second reading of Ordinance No. 208.55.
2. Adopt Ordinance No. 208.55 to amend Chapter 2 of Title VIII of the Milpitas Municipal Code relating to sewer service charges.”
Attachments:
1. Ordinance No. 208.55 (2nd Reading)
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Item # C12.
REGULAR
NUMBER: 208.55
TITLE: AN ORDINANCE OF THE CITY OF MILPITAS AMENDING SECTION 6 OF CHAPTER 2,
TITLE VIII OF THE MILPITAS MUNICIPAL CODE RELATING TO SEWER SERVICE
CHARGES
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ___________________, upon motion by ___________________ and was adopted (second reading) by the City Council at its meeting of ____________, upon motion by ___________________. Said Ordinance was duly passed and ordered published in accordance with law by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________ _________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
________________________________
Michael Mutalipassi, City Attorney
146
Item # C12.
1 Ordinance No. 208.55
RECITALS AND FINDINGS:
WHEREAS, the sewage collection and treatment services of the City of Milpitas (“City”) require the City to incur capital, operating, maintenance, replacement, treatment, and other costs related to providing such services; and
WHEREAS, the City engaged Raftelis to prepare a cost of service analysis and sewer rate study (the “Rate Study”); and
WHEREAS, as a result of the Rate Study, the City Council has determined that increases in the rates for its sewer service charges are in the best interests of the City and in keeping with sound business and financial management of the sewer enterprises do not exceed the cost of providing such services; and
WHEREAS, the proposed rates are determined based on customer class, including residential, commercial, monitored sites, non-monitored sites, and institutional customers, which classes are determined based on common sewage characteristics, including flow and strength of sewage and patterns and levels of demands placed on the sewer system, and
WHEREAS, the proposed rates for residential customers include a flat rate, determined based on the number of dwelling units, and the prop osed rates for non -residential customers include both a uniform fixed flat fee, and a variable charge measured by hundred cubic feet (HCF) of metered water consumption, which varies based on the particular property type; and
WHEREAS, as a result of the Ra te Study, the City Council has determined that a subsidy of the sewer service charge is necessary for Mobile home parks, in order to offset some of the sewer service charge resulting from realigning the flow for the mobile home parks with the flow values r ecommended in San Jose’s 2015 Residential Flow Study, and such subsidy shall be paid by the City’s general fund from legal available funds; and
WHEREAS, the City hereby finds and determines that in accordance with the provisions of California Constitution article XIII D, section 6 (“Article XIII D”):
1. The City identified the parcels upon which the sewer service charges are proposed to be imposed, and calculated the amount of the sewer service charges proposed to be imposed on each parcel; and
2. The City caused a written notice to be mailed to the record owners of property upon which the proposed sewer service charges will be imposed and the customers of each parcel upon which the proposed increases to the sewer service charges are proposed for imposition, w hich explained: (a) the amount of the sewer service charges; (b) the basis on which they were calculated; (c) the reason for the increases; and (d) the date, time, and location of the public hearing on the proposed increases; and
3. On March 21, 2023 (more than 45 days after mailing the notice), the City conducted a public hearing and considered all written protests against the proposed increases to the rates for the sewer service charges; and
4. At the conclusion of the public hearing, written protests against the proposed increases to the rates for the sewer service charges were not presented by a majority of property owners of record and customers subject to the proposed water service charges; and
WHEREAS, the adoption of the proposed increases to sew er service charges is statutorily exempt from the requirements of the California Environmental Quality Act under California Resources Code Section 21080 (b)(8).
NOW THEREFORE, the City Council of the City of Milpitas does ordain as follows:
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Item # C12.
2 Ordinance No. 208.55
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE VIII-2-6.01
Section VIII-2-6.01 of the Milpitas Municipal Code is hereby amended to read as follows:
VIII-2-6.01 - Sewer Service Charges
The charges for sewer service shall be as set forth below and are limited to the actual cost of providing sewer service. The rates and effective dates for the sewer charges shall be those set forth below.
The following amounts shall be assessed upon each premise maintaining a sewer connection with the City's sewage system.
(a) Residential - Bimonthly for Each Dwelling Unit.
Category Sewer Charge
7/1/2022
Sewer Charge
7/1/2023
Sewer Charge
7/1/2024
Sewer Charge
7/1/2025
Sewer Charge
7/1/2026
Sewer Charge
7/1/2027
Single Family $124.14 $128.44 $133.58 $138.93 $144.49 $150.27 Multi-Family $95.34 $97.96 $101.88 $105.96 $110.20 $114.61 Mobile Home $78.28 $84.42 $91.05 $98.20 $105.91 $114.22
(b) Commercial, Industrial and Miscellaneous Premises. (1) Flat Rate: For non-residential accounts, there shall be a flat rate assessed every billing cycle during which normal billing takes place, regardless of the amount of sewage discharged. The Flat Rates and effective dates for the sewer charges shall be tho se set forth below to defray billing and sewer system administration costs.
7/1/2022 7/1/2023 7/1/2024 7/1/2025 7/1/2026 7/1/2027
Flat Rate $27.35 $29.25 $30.43 $31.65 $32.92 $34.24
(2) Quantity and Strength Charges: For each commercial, industrial, or miscellaneous premises, a charge for each 100 cubic feet of water used per billing cycle shall be charged as follows:
Category 7/1/2023
Rate
7/1/2023
Rate
7/1/2024
Rate
7/1/2025
Rate
7/1/2026
Rate
7/1/2027
Rate
Schools/Colleges $9.99 $11.58 $12.04 $12.53 $13.04 $13.57 148
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Motels/Hotels $5.75 $5.64 $5.88 $6.12 $6.37 $6.63
General Office $6.84 $6.92 $7.20 $7.49 $7.79 $8.11
City of Milpitas $5.80 $5.59 $5.82 $6.06 $6.31 $6.57
Service Stations $5.70 $5.61 $5.84 $6.08 $6.33 $6.59
Eat/Drink Establishments $9.06 $10.88 $11.32 $11.78 $12.26 $12.76 Convalescent Hosp/Daycare $5.60 $5.45 $5.67 $5.90 $6.14 $6.39 Personal Services, Laundries $5.31 $4.97 $5.17 $5.38 $5.60 $5.83 Electrical/Electronic $6.72 $6.82 $7.10 $7.39 $7.69 $8.00 Machinery Manufacture $8.43 $9.92 $10.32 $10.74 $11.17 $11.62 Rocktenn (Jefferson Smurfit*) $10.46 $10.79 $11.23 $11.68 $12.15 $12.64 T. Marzetti Co. * $12.09 $11.17 $11.62 $12.09 $12.58 $13.09 Prudential Overall Supply $8.42 $9.88 $10.28 $10.70 $11.13 $11.58 Evoqua Water Technologies $7.06 $6.40 $6.66 $6.93 $7.21 $7.50 Elmwood Rehabilitation $6.69 $7.78 $8.09 $8.42 $8.76 $9.12 Linear Technology $6.88 $6.62 $6.89 $7.17 $7.46 $7.76
DS Waters of America $6.04 $5.38 $5.61 $5.84 $6.08 $6.33 Magic Tech & Headway Tech $7.32 $7.73 $8.04 $8.37 $8.71 $9.06 Lucky Pure Water* $5.29 $4.95 $5.15 $5.36 $5.58 $5.81
Milpitas Materials* $5.29 $4.95 $5.15 $5.36 $5.58 $5.81 Union Pacific Railroad $7.35 $7.85 $8.17 $8.50 $8.84 $9.20 Cisco* $6.72 $6.82 $7.10 $7.39 $7.69 $8.00
*These industrial customers are subject to sewer charge adjustments based on their sewer volumes, as indicated in their sewer flow adjustment agreements.
(3) City of San Jose for properties known as North McCarthy Properties: $555.00 bimonthly for any discharge up to 75,000 gallons per day (maximum flow). Excess flow charge of $100.00 for each 1,000 gallons per day in excess of the maximum flow or part thereof.
(c) Purpose of Charge. The purpose of the sewer service charges stated herein is to defray the City's cost for operation and maintenance of the City's facilities, capital improvement costs, the City's proportionate share of costs at the San Jose-Santa Clara Water Pollution Control Plant and the debt service related thereto, and other costs related to the provision of sewage collection and treatment. (d) Billing. After the ordinance adopting the charges set forth herein goes into effect, customers shall be subject to the sewer service charges set forth in 6.01, for services provided on or after July 1, 2023, July 1, 2024, July 1, 2025, July 1, 2026, and July 1, 2027 respectively. In the absence of amendment of the rates set 149
Item # C12.
4 Ordinance No. 208.55
forth herein or adoption of a new rate ordinance, the rates in effect on July 1, 2027, and set forth herein shall remain in effect until amended or repealed.
SECTION 3. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.
SECTION 4. ORDINANCE PREVAILS
To the extent that any other provision of local law relating to the establishment of sewer service charges is inconsistent with this Ordinance, the provisions of this Ordinance shall prevail. This Ordinance shall supersede all other previous City Council resolutions and ordinances that may conflict with, or be contrary to, this Ordinance.
SECTION 5. EFFECTIVE DATE AND POSTING
This Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
150
Item # C12.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve the addition of Names to City Naming Lists and Adopt a Resolution to 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: 4/18/2023
Recommendation:
1) Approve adding Muwekma to the Influential People Naming List 2) Approve adding Delano Manongs to the Influential People Naming List 3) Adopt a Resolution naming a new park in the Metro Area the “Delano Manongs Park”
BACKGROUND:
On June 21, 2022, the City Council approved the City Streets, Parks and Facilities Naming Policy (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 the following 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 the following Policy sections:
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Item # C13.
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;
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.
Per the City Streets, Parks and Facilities Naming Policy, the name qualifies under the following Policy sections:
2.9. Naming of parks and facilities near schools shall be coordinated with the Milpitas Unified School District as much as possible. All naming and/or renaming of a park or facility will be set forth by a Council Resolution.
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 and funding for this signage is included in the existing capital project, CP5102, for these planned park fixtures.
152
Item # C13.
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) Adopt a Resolution naming a new park in the Metro Area the “Delano Manongs Park”
Attachment(s):
City Streets, Parks, and Facilities Naming Policy
Influential People Naming List
Draft Resolution
153
Item # C13.
CITY OF MILPITAS
Revision Date
Original 04/21/2006
6/21/2022
CITY COUNCIL POLICY
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;
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;
Policy No:
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
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Item # C13.
CITY OF MILPITAS
Revision Date
Original 04/21/2006
CITY STREETS, PARKS, AND FACILITIES NAMING POLICY / POLICY #
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. 155
Item # C13.
CITY OF MILPITAS
Revision Date
Original 04/21/2006
CITY STREETS, PARKS, AND FACILITIES NAMING POLICY / POLICY #
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.
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Item # C13.
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 Park at McCandless Drive
First Women
Pocahontas
NAME DEDICATION LOCATION
157
Item # C13.
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
158
Item # C13.
Resolution No.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS THE
NAMING A NEW CITY PARK AS THE DELANO MANONGS PARK
WHEREAS, on June 21, 2022 , the City Council (the “City Council”) of the City of Milpitas Adopted a City Council policy entitled “City Streets, Parks, and Facilities Naming Policy”; and
WHEREAS, on January 10, 2023 , the City Council (the “City Council”) of the City of Milpitas established an Ad Hoc Naming Subcommittee to review and recommend the naming of City streets, parks and facilities; and
WHEREAS, on March 2, 2023 , the Ad Hoc Naming Subcommittee reviewed and recommended one (1) park name for final City Council approval; and
WHEREAS, the Ad Hoc Naming Subcommittee recommended adding “Delano Manongs” to the Influential People Naming List for its historical significance in repr esenting the workers’ rights movement encompassing both the Delano Grape Strike, and the term “Manong” best translated as “older brother”; and
WHEREAS, “Delano Manongs” shows respect and gives appreciation to the Filipino American farmworkers and the Mexican American farmworkers who contributed to the workers ’ rights movement, thusly honoring the importance of laborers to the County and to Milpitas.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are in corporated herein by reference.
2. Pursuant to Milpitas City Council Policy, “ City Streets, Parks, and Facilities Naming Policy,” the City Council approves naming a new park in the Metro Area the “Delano Manongs Park”.
PASSED AND ADOPTED this 18th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
159
Item # C13.
Resolution No.
ATTEST: APPROVED:
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
Michael Mutalipassi, City Attorney
160
Item # C13.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Hold a Public Hearing and Adopt a Resolution Approving the Proposed 2024-2028 Capital Improvement Program (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; and Michael Silveira, CIP Manager, 408-586-3303) Category: Community Services and Sustainable Infrastructure Meeting Date: 4/18/2023
Recommendation: Open the public hearing to receive any comments and then move to close the hearing and Adopt a Resolution approving the 2024-2028 Capital Improvement Program.
Background:
The City plans and budgets for its capital improvement projects through a five-year Capital Improvement Program (CIP). The projects in the first year of any proposed Five-Year CIP are funded while projects in the subsequent four years may be partially funded or not funded at all. The City Council is required to consider and adopt a five-year Capital Improvement Program before June 30, 2023 as part of the annual budget process.
On February 28 staff presented the proposed 2024-28 Capital Improvement Program, CIP Workplan, and Referrals to the City Council for review and consideration. On March 6, 2023, staff presented the Park Improvement section of the proposed 2024-28 Capital Improvement Program to the Parks Recreation and Cultural Resources Commission (PRCRC) for review and consideration. The PRCRC recommended approval to the City Council.
On March 21, 2023 staff presented a recommendation to increase the sewer and water rates to ensure the systems meets or exceeds customer requirements for water quality and quantity, avoids operational deficits and the depletion of reserves, and maintains favorable credit ratings to minimize potential future debt services costs; and the results of the community engagement which included administering the Proposition 218 majority protest process. A public hearing was held and there were no majority protests. The City Council moved to introduce Ordinance No. 120.50 and 208.55 to approve updated sewer, water, and recycled water rates for FY23/24 through FY27/28. On April 4, 2023, City Council postponed adopting Ordinances No. 120.50 and 208.55 to April 18, 2023 meeting.
On March 22, 2023 the proposed CIP document was presented to the Planning Commission who found the document to be in conformance with the City’s General Plan in accordance with the California Government Code Section 65401.
Analysis:
Based on Council input during the February 28, 2023 CIP Study Session, this staff report transmits the updated Proposed 5-year 2024-28 Capital Improvement Program document and outlines the changes from the 2024-2028 Proposed Capital Improvement Program presented on February 28. An electronic copy of the updated Proposed CIP document (Attachment 2) is included in the Agenda Report.
The following are changes to the Proposed 2024-2028 CIP since the February 28th City Council Study Session.
Request funding of $2.0 million to start the assessment and feasibility study for new Force Main “A” project. This funding was already budgeted in the Proposed document as the remaining uncommitted balance of $2.0 million from Sanitary Sewer Cathodic Protection Improvement, Project No. 6131 will be allocated to this project as the existing project will be closed at the end of fiscal year 2022-23. Programmed improvements and funding for the Annual Bridge Rehabilitation, Project No. 4290 in the out years based on the bridge inspection report.
161
Item # 14.
The updated Proposed 2024-2028 CIP totals $244,678,500 in estimated project costs over the 5-years and the project funding for fiscal year 2023-24 budget year is $32,581,100. As shown in Table 1, the proposed funding for FY 2023-24 includes contributions from the Sewer Fund ($10.3 million), Streets Funds ($6.5 million), General Government CIP Fund ($4.4 million), Water Fund ($3.8 million), General Fund ($2.4 million), Park Fund ($1.5 million), and Other Funds ($3.5 million).
Major projects proposed for FY 2023-24 includes the City’s capital contribution to the San Jose-Santa Clara Regional Wastewater Facility ($6,810,000; Sewer Fund); the annual Street Resurfacing project ($4,000,000; Gas Tax Fund, Measure B, SB1, Vehicle Registration Fee); the assessment and feasibly study of the Force Main “A” project ($2,000,000; Sewer Fund); the design and replacement of the financial management system ($1,850,000; General Fund, General Government CIP Fund); the design and construction of bicycle facility improvements ($1,000,000; One-Time State Funding Grant); the replacement of the Council Chambers Audio & Visual Equipment ($800,000; General Fund); the design for the replacement of the home bleachers and ADA improvements at the Sports Center Complex Football Field ($200,000; Park Fund); the design and replacement of the human resources information system ($100,000; Sewer and Water Fund); and various maintenance and rehabilitation projects and programs managed by Engineering, Fire, Information Technology, Planning, Police, Public Works, and Recreation Departments ($16,191,000).
Table 1: Summary of Funding for projects funded in FY 2023-24
CIP
Category
General
Fund*
General
Gov’t CIP
Park
Fund
Sewer
Fund
Streets
Funds**
Water
Fund
Other
Funds*** Total
Comm. $2,400,000 $4,039,000 $0 $252,000 $0 $252,000 $452,000 $7,395,000 Parks $0 $100,000 $1,555,000 $0 $0 $0 $0 $1,655,000
Streets $0 $320,000 $0 $0 $6,525,000 $0 $1,089,100 $7,934,100 Water $0 $0 $0 $0 $0 $3,571,000 $0 $3,571,000
Sewer $0 $0 $0 $10,068,000 $0 $0 $0 $10,068,000
Storm
Drain
$0 $0 $0 $0 $0 $0 $1,958,000 $1,958,000
Total $2,400,000 $4,459,000 $1,555,000 $10,320,000 $6,525,000 $3,823,000 $3,499,100 $32,581,100 * Total of $2.4m is funded through the General Fund Facility Replacement Reserve ($ 1.6M) ** Includes Gas Tax Fund ($2.615M), Measure B ($1.7M), SB1 RMRA ($1.5M), Street Improvement Fund ($210K), and Vehicle Registration Fee ($500k).
***Includes Grants ($1.25M), Lighting and Landscape Maintenance District ($89.1k), Public Art ($50k), Storm Drain ($1.4M), Storm Drain General ($558k), and TASP Impact Fee ($152k) Funds.
The Proposed 5-year CIP budget in the amount of $244.7 million is only partially funded. Funding sources identified for projects in the last four years of the CIP are based on projected available funding. The value of City infrastructure needs not funded over the five-years (2024-2028) is estimated at $58.0 million, or 23.7% of the Proposed CIP.
Of the $58 million in the 5-year CIP that is unfunded:
Approximately $35.5M is estimated for ongoing infrastructure repairs, rehabilitation, or replacement projects such as Citywide Park Rehabilitation ($2.4M), City Building Improvements ($2.0M), Dempsey Road Storm Drain Replacement ($1.4M), On-Call Facilities Maintenance & Repair Services ($1.3M), Annual Sidewalk, Curb & Gutter Repair ($1.16M), Annual Street Light, Signal, and Signage ($1.05M) and Sport Center Football Bleacher Replacement ($1.0M). Approximately $22.5M are new infrastructure projects with partial or no funding, including Montague Pedestrian Overcrossing at Penitencia Creek ($14.4M), Cardoza Park Softball Fields Improvement ($7.0M), S. Main St. Street Light Project ($4.8M), S. Main St. Utility Undergrounding ($2.1M), and Sandalwood Park Renovation ($2.2M).
162
Item # 14.
In addition to the unfunded $58 million in the current 5-year CIP, staff has identified an additional $427 million of needed capital improvements beyond the 5-year CIP. This is through work completed recently in the master plans for storm, sanitary, sewer, and parks systems, as well as facility assessment work. These projects will need to be funded through a combination of future utility rate increases, impact fees, General Fund, grants, and other funding sources such as a general obligation bond or other financing measure. Of this $427 million:
Approximately $230.2M is estimated for ongoing infrastructure repairs, rehabilitation, or replacement projects.
o $112 million of this funding has no clear funding source identified, such as improvements to the City’s Park system ($7.6M); City’s storm drain system ($57.8M); renovation of the Public Works/Police Department building ($26.6M); and Fire Station No. 3 Replacement ($20.0M). o It is expected that $118 million of this backlog would be addressed by future sewer and water rate increases in 2028.
Approximately $197.2M is estimated for new infrastructure projects. o Examples of these projects are improvements for the City’s bicycle, pedestrian, and trail networks identified in the adopted Trail, Pedestrian, and Bicycle Master Plan ($94.2M); renovations of the City’s Parks as recommended in the adopted Parks and Recreation Master Plan ($63.2M); and new Community Facility Building ($16.2M) and Montague Expressway Widening west of Great Mall parkway ($20.2M) as identified in the Basic Infrastructure Project list of the TASP Specific Plan. Recommended improvements identified in the Metro Specific Plan will be forthcoming in 2024 for City Council consideration. It is expected that a portion of these improvements will be funded through a combination of impact fees and grants. However, significant additional funding will need to be identified for the remainder.
In summary, as shown in Table 2, the City has approximately $485 million of unfunded infrastructure needs.
Of this, $265,750,000 is for infrastructure replacement and $219,700,000 is for new infrastructure. It is expected that roughly half ($118M) of the infrastructure replacement needs will be funded through future rate increases. Additionally, it is expected that a portion of the new infrastructure needs will be funded through development fees and/or grants. However, this still leaves a substantial backlog of infrastructure in the City of Milpitas that needs to be repaired and/or replaced as well as new infrastructure. As we move forward, it will be critical to focus on (1) identifying new revenue sources, such as a bond measure, to repair our aging infrastructure and (2) maintaining fiscal discipline by focusing available funding on infrastructure repair and replacement, whenever possible, as opposed to new amenities.
Additionally, it should be noted as a result of the recent completion of master planning work for the City’s parks, storm, sanitary and water facilities, the infrastructure needs in these master plans have a high degree of certainty. However, additional assessment is needed in the coming years to identify infrastructure needs for the City’s buildings and other public right of way. This additional analysis may lead to an increase in the infrastructure backlog needs in the development of the next five-year CIP budget.
Table 2: Summary of Unfunded Infrastructure Repairs/Replacement Needs and New Infrastructure Projects
Unfunded
Infrastructure
Repair/Replacement
Needs
Unfunded New
Infrastructure Projects
Total Unfunded
Infrastructure Needs
5-Year Budget $35,500,000* $22,500,000 $58,000,000
Beyond 6 Years $230,250,000** $197,200,00 $427,450,000
Total $265,750,000 $219,700,000 $485,450,000
*This backlog of $35.5 million assumes the current sanitary sewer and water rate fee adjustment proposals will be approved by the City Council in Spring of 2023. If not, this number would increase to $107.6 million. **Of this $230 million, approximately $118 million is expected to be raised through ongoing sanitary sewer and water rate fee adjustments.
163
Item # 14.
Water and Sewer Rates
The unfunded infrastructure needs of $58.0 million in the out years of the 5-year budget assumes City Council will adopt sanitary sewer and water rate fees as presented on March 21, 2023 and scheduled for adoption on April 18, 2023. If the rates are not adopted prior to the CIP Adoption, the unfunded infrastructure needs value will increase to approximately $107.8 million in the out years and the published Adopted CIP document, released in August 2023, will reflect this adjustment. Overall, the impact of the rate increases on a typical single-family homeowner is approximately $6.75 per month. If the rates are not approved, the following projects and/or programs will likely not be funded:
Force Main “A” project is for the improvement of the 50-year-old pipeline that carries Milpitas’ sewage to the Regional Wastewater Facility in San Jose.
Sanitary Sewer Pipeline Improvements project is for the improvement of sewer pipe segments with significant defects and considered extreme risk with the greatest likelihood of deterioration and the highest consequence of failure.
Asset Renewal and Replacement Program is for the assessment, renewal, improvement, or replacement of the City's aging water infrastructure.
Risk and Resiliency Improvements project is for security enhancements of the City's critical water infrastructure.
Fire Flow Pipeline Improvements project is for the upsizing of several water mains to deliver the recommended fire flow at surrounding fire hydrants.
Regional Wastewater Facility
The City’s obligation payment to the City of San Jose for the Regional Wastewater Facility fluctuates frequently. Based upon the March 2023 proposed 10-year payment schedule received from the City of San Jose, the total amount of payments over the 10-year period remains within the City of Milpitas’ cost of service model projections. However, it appears that more of the funding is shifted to year 5 (FY27-28) of the CIP than what was shown in San Jose’s prior projections. If this current funding distribution remains in place and more funding is owed in year five than the City of San Jose had previously predicted, the City of Milpitas would consider options to resolve this during the development of the next five-year CIP budget. 2024-28 Capital Improvement Study Session
At the February 28, 2023, proposed 2024-2028 CIP Study Session , staff presented the status of several City Council referrals that had either been approved or not been prioritized. The following is a summary of the status and next steps for each referral.
Item Name Status Next Steps For CIP
Police Substation
Feasibility Analysis in
Metro Area
At the CIP Study Session on 2/28/2023,
Council supported staff recommendation to
conduct a study to understand the cost and
feasibility of converting the building on
Parcel 2 and/or 3 into a potential PD
substation and to also review other
potential properties as potential
substations.
Budget Status: Included in Adopted
CIP Budget.
Description: Staff has executed a
design service agreement for the
feasibility study which is anticipated to
be completed in Fall 2023. The study
will be funded through Metro PD
Substation, Project No. 2013.
Pickleball Project At the CIP Study Session on 2/28/2023, staff provided an update of the pilot
program and estimates $200,000 to convert
an existing tennis facility to permanent
courts.
Budget Status: Not currently included
in updated Proposed CIP Budget.
Description: Community outreach is
underway. As part of the Proposed CIP
Budget presentation on April 18, staff
will report to Council on the status of the 164
Item # 14.
Council directed staff to research multi-use
and conversion of existing tennis courts,
and continue community outreach with
residents, and pickleball and tennis
participants.
community feedback and alternative
options for pickleball.
Potential funding amount: $200,000
Potential Funding Source: General Gov’t
CIP
Teen Center Alternatives
Analysis
At the CIP Study Session on 2/28/2023,
staff reported the Teen Center at the Sports
Center was closed due to budget cuts in
July 2012 and re‐opened at the Senior
Center in November 2018.
In February 2022, City Council provided
direction to staff to analyze potential
options for Teen Center to remain at Senior
Center or relocate back to Sports Center.
Budget Status: Staff time for the
analysis incorporated into the budget.
Description: Staff is to complete the
initial survey by Summer and provide
recommendations for long-term
solutions, costs and funding options by
Fall 2023. Potential physical
improvements needed for this are not
incorporated in the Proposed 2024-2028
CIP but may be included in future CIP
based on the results of the analysis.
Potential funding amount: TBD
Potential Funding Source: General Gov’t
CIP
Community survey for
vacant right-of-way at
Vasona and Adobe
Avenue
On February 7, 2023, Council directed staff
to conduct community outreach to convert
the vacant street right of way into a suitable
community garden.
At the CIP Study Session on 2/28/2023,
Council supported staff recommendation of
holding off on allocating funding until
community outreach is completed. Council
directed staff to inquire if community
desires open space or another recreational
activity.
Budget Status: Initial community
survey included in the budget.
Feasibility analysis is not funded.
Description: Staff is to complete the
community outreach by this Summer
and discuss the results at the next
Council prioritization session in June
2023. This project will not be included in
the proposed 2024-28 CIP but may be
included in future CIP based on survey
results.
Pending community support for a
recreation activity, the next step would
be to conduct a formal feasibility
analysis.
Potential funding amount: $50,000 (for
Feasibility analysis)
Potential Funding Source: General Gov’t
CIP, Park Fund
S. Main St. Street Lights
and Utility Undergrounding
Projects
At the CIP Study Session on 2/28/2023,
staff reported the status of the projects.
This project is contingent on adoption of the
Main Street/Gateway Specific Plan and the
establishment of impact fees. The
estimated cost for utility undergrounding is
$2.1 million. Additionally, the cost to install
decorative street lighting is estimated at
$10.0 million from Carlo St. to Great Mall
Parkway. Staff has been in contact with
Representative Ro Khanna’s office
Budget Status: Not included in budget.
Description: This project is not funded
in FY 2023-24 CIP. No funding yet
identified for the out-years. However, it
is included as an unfunded project in the
2024-2028 CIP.
Potential funding amount: $2.1M to
$10M
Potential funding Sources: General
Gov’t CIP Fund, Impact Fees 165
Item # 14.
regarding the potential for federal funding
for a portion of this project.
Navigation Center This item was re-introduced at the
1/31/2023 Budget Study Session. At the
CIP Study Session on 2/28/2023, Council
supported this item to be discussed at the
next Council prioritization session in June
2023 in accordance with Council approved
policy.
This item is not incorporated into the
Proposed 2024-2028 CIP.
Budget status: Not included in budget.
Description: Staff to further investigate
and provide information at the next
Council prioritization session in June
2023.
Potential Funding Source: General Gov’t
CIP
Funding amount is TBD.
Larger message sign at
Library
This item was introduced on 2/21/2023. At
the CIP Study Session on 2/28/2023, staff
reported this item will be discussed at the
next Council prioritization session in June
2023 in accordance with Council approved
policy.
This item will not be incorporated into the
Proposed 2024-2028 CIP.
Budget status: Not included in budget.
Description: Staff to further investigate
and provide information at the next
Council prioritization session in June
2023.
Potential Funding Source: General Gov’t
CIP
Funding amount is TBD.
Satellite Consulate Office This item was previously considered by Council but not prioritized. Item was re-
introduced at 1/31/2023 Budget Study
Session.
At the CIP Study Session on 2/28/2023,
Council supported this item to be discussed
at the next prioritization in June 2023 in
accordance with Council approved policy.
Council requested staff to research the
legal parameters of providing an office
services and converting the media video
room adjacent to the Committee
Conference Room to an office.
Budget status: Not included in budget.
Description: Staff will contact a few
consulates to gauge interest and
research potential enhancements for an
office. This item to be discussed at the
next Council prioritization session in
June 2023 in accordance with Council
approved policy.
This item is not incorporated into the
Proposed 2024-2028 CIP.
Potential Funding Source: General Gov’t
CIP
Funding amount is TBD.
Cesar Chavez Community
Garden potential plot
reconfiguration
At the CIP Study Session on 2/28/2023,
staff reported Parks, Recreation and
Cultural Resources Commission (PRCRC)
has discussed ways to address equity to
the residents of Milpitas at the garden.
Council deferred this item until
recommendation improvements from the
PRCRC are brought forward for
consideration.
Budget status: Not included in budget.
Description: Staff will present
PRCRC’s recommended improvements
to Council in April and this item to be
discussed at the next Council
prioritization session in June 2023 in
accordance with Council approved
policy.
This item is not incorporated into the
Proposed 2024-2028 CIP.
Potential Funding Sources: General
Gov’t CIP Fund, Park Funds
Funding amount is TBD.
Main Street Flooding,
south of the Library
At the CIP Study Session on 2/28/2023,
Council inquiry about the solution to resolve
Budget status: Not included in budget,
except for initial consultant analysis
described below. 166
Item # 14.
the flooding on Main Street south of the
Library.
Description: Staff has engaged a
consultant to analyze the flooding and
recommend improvements. This item
will be discussed as part of the Storm
Drain Nexus Study Presentation in
May/June.
Potential Funding Sources: General
Gov’t CIP Fund, Park Funds
Funding amount is TBD.
City Attorney’s Office At the CIP Study Session on 2/28/2023, the Mayor and City Council inquired about
whether there were other existing offices
and/or rooms that could be used for this
purpose to avoid additional construction
costs.
Budget status: Original
recommendation of $450,000 from
General Gov’t CIP fund is still
recommended in the Proposed 2024-28
CIP.
Description: Staff reviewed existing
offices at City Hall and recommends
continuing to move forward with the
construction of new offices for the City
Attorney as shifting existing staff out of
their offices would not be conducive to
work productivity.
Next Steps:
The updated Proposed 5-year 2024-2028 Capital Improvement Program is ready for adoption. Staff recommends the Council hold a public hearing to review and consider the document and to approve a Resolution (Attachment 1) adopting the 2024-2028 Capital Improvement Program.
Related funding actions for the first year of the Adopted 2024 -2028 CIP will be presented for Council consideration as part of the approval of the FY2023-24 Proposed Budget scheduled for June 6, 2023.
Fiscal Impact:
The final Capital Improvement Program includes funding recommendations for 4 8 projects in the amount of $32,581,000 for FY2023-24 for repairs and improvements to City infrastructure commencing July 1, 2023. The appropriation actions to fund the FY 2023-24 projects will be included in the FY 2023-24 Proposed Operating Budget scheduled to be released on May 9, 2023 and scheduled to be adopted on June 6, 2023.
Description
General
Fund *
General
Gov’t CIP
Park
Fund
Sewer
Fund
Streets
Funds** Water Fund
Other
Funds*** Total
Available Fund
Balance as of
4/7/2023
$2,400,000 $6,100,000 $1,800,000 $28,700,000 $7,900,000 $19,800,000 $48,990,000 $115,690,000
FY 2023-24
Proposed Capital
Projects
$2,400,000 $4,459,000 $1,555,000 $10,320,000 $6,525,000 $3,823,000 $3,499,100 $32,581,100
Remaining Fund
Balance $0 $1,641,000 $245,000 $18,380,000 $1,375,000 $15,977,000 $45,490,900 $83,108.900 * Total of $2.4m is funded through the General Fund Facility Replacement Reserve ($ 1.6M) **Includes Gas Tax Fund ($2.615M), Measure B ($1.7M), SB1 RMRA ($1.5M), Street Improvement Fund ($210K), and Vehicle Registration Fee ($500k).
***Includes Grants ($1.25M), Lighting and Landscape Maintenance District ($89.1k), Public Art ($50k), Storm Drain ($1.4M), Storm Drain General ($558k), and TASP Impact Fee ($152k) Funds.
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Item # 14.
California Environmental Quality Act:
The City Council’s action in receiving the report is exempt from CEQA pursuant to CEQA Guideline 15061(b)(3) as it can be seen with certainty that the City Council’s input on the CIP does not have the potential to cause a significant effect on the environment as it does not involve the approval of any CIP project. Further, this action is also exempt pursuant to CEQA Guideline 15378(b)(4) as a governmental fiscal activity which does involve any commitment to any specific project. Although the CIP does include various projects, the City is not mandated to move forward with any project, and at the time of any project approval, CEQA review will be conducted at that time.
Recommendation:
1. Open the public hearing to receive any comments and then move to close the hearing.
2. Adopt a Resolution approving the 2024-2028 Capital Improvement Program.
Attachment:
1. Resolution
2. Final 5-year 2024-2028 Capital Improvement Program
168
Item # 14.
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING THE 2024-2028 CAPITAL IMPROVEMENT PROGRAM
WHEREAS, on March 22, 2023, the Planning Commission of the City of Milpitas reviewed the 2024- 2028 Capital Improvement Program (“CIP”) pursuant to Government Code Section 65401 and adopted a resolution as to its conformance with the City’s General Plan; and
WHEREAS, on April 18, 2023, a duly-noticed public hearing on the Proposed CIP was held where all interested persons were heard; and
WHEREAS, the City Council has reviewed the 2024-2028 CIP and the first year, 2023-2024 Capital Budget; and
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council hereby approves and adopts the 20 24-2028 Capital Improvement Program, as included in the City Council meeting agenda package and totaling $ 244,678,500 over the five - period and $32,581,000 in fiscal year 2023-24.
3. There is no potential impact on the environment from this action as the approval and adoption of the CIP is merely a planning document with no commitment to any particular course of action and does not constitute the approval of any project . Thus, this action is exempt from environmental review pursuant to CEQA Guideline Sections 15061(b)(3) and 15378(b)(4).
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
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City of Milpitas
Community Vision
Milpitas will preserve its close-knit community and
rich cultural diversity as it moves with innovation
into the future by supporting sustainable growth
and development, ensuring public safety,
enhancing the environment and natural landscape,
and nurturing family and community connections.
Our Values
• Superior Customer Service
• Open Communication
• Integrity and Accountability
• Trust and Respect
• Recognition and Celebration
Organizational Mission
The City of Milpitas is committed to accomplishing the community's vision by providing fiscally sound, superior services.
City of Milpitas i
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City Council
ii City of Milpitas
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Council Priority Areas
Community Wellness and Open Space
Continue to provide parks and amenities for people of all ages and abilities to enjoy higher levels of physical and mental health.
Economic Development and Job Growth
Continue to strengthen our economic foundations that support community prosperity and opportunity while ensuring a sustainable and livable city.
Environment
Promote a sustainable community and protect the natural environment.
Governance and Administration
Continue to streamline processes for enhanced service and remain committed to long- term fiscal discipline and financial stewardship.
Neighborhoods and Housing
Continue to explore innovative approaches to incentivize affordable housing projects, collaborate with key stakeholders to care for our most vulnerable populations, and support and engage neighborhoods through dedicated programs and services.
Public Safety
Continue to invest in police and fire protection, in partnership with our community.
Transportation and Transit
Continue to seek and develop collaborative solutions to meet the transportation challenges facing our community and our region.
City of Milpitas iii
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City Departments
*Fire Prevention (Fire Department) and Land Development (Engineering Department) are part of Community Development. iv City of Milpitas
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Item # 14.
Budget
Acknowledgments
Capital Improvement Budget Process
and Document Production
Engineering Department
Steve Chan, Transportation and Traffic Manager
Michael Silveira, CIP Manager
Roberto Alonzo, Principal Civil Engineer
Elizabeth Koo, Administrative Analyst II
Lyhak Eam, Principle Civil Engineer
Finance Department
Lauren Lai, Director of Finance
Gabrielle Tsang, Assistant Finance Director
Fenny Lei, Finance Manager
Navdeep Singh, Budget Manager
Yuling Wang, Accountant
Jane Corpus, Special Project Associate
Articulate Solutions
Roi Rosas, Graphic Designer II
Department Budget Coordinators
City Manager's Office
Steven G. McHarris, City Manager
Ashwini Kantak, Assistant City Manager
Matt Cano, Deputy City Manager
Charmaine Angelo, Public Information Officer
Rachelle Currie, Senior Executive Assistant
Fire Department
Jason Schoonover, Fire Chief
Galahad Zamora, Deputy Fire Chief
Vanessa Carpio, Executive Assistant
Natalie Livezey, Senior Administrative Analyst
Human Resources Department
Nick Raisch, Human Resource Director
Vicky Lien, Employee Relations Officer
Department Budget Coordinators (Cont.)
Information Technology Department
Daniel Nam, Information Technology Director
Scott Golden, Deputy Information Technology Director
Planning Department
Ned Thomas, Planning Director
Jay Lee, Principal Planner
Police Department
Jared Hernandez, Police Chief
, Assistant Police Chief
Steve Fox, Police Captain
Frank Morales, Police Captain
Lisa Beaulieu, Management Analyst
Recreation and Community Services Department
Renee Lorentzen, Director of Recreation and
Community Services
Tegan McLane, Community Services Engagement
and Inclusion Administrator
Public Works Department
Christian DiRenzo, Public Works Director
Elaine Marshall, Deputy Public Works Director
Vacant, Public Works Manager
Michael Springer, Public Works Manager
Samu Tiumalu, Public Works Manager
Harris Siddiqui, Principal Civil Engineer
Stephanie Fong, Senior Administrative Analyst
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Table of Contents
Community Vision, Values and Mission .................................................... i City Council ........................................................................................................ ii Council Priority Areas ..................................................................................... iii City Departments .............................................................................................. iv Budget Acknowledgments ............................................................................. v Capital Improvement Process and Document .......................................... 7 Resolutions ......................................................................................................... 11 Capital Improvement Program Summary .................................................... 27 Capital Improvement Program Grand Summary ............................................................ 27 New Projects Approved 2024-28 ...................................................................................... 30 Project Categories with Insufficient or No Funding ......................................................... 33 Projects with Insufficient or No Funding ........................................................................... 34 Projects Proposed to be Funded as of July 1, 2023 ....................................................... 37 Projects Funded in Prior Years ......................................................................................... 40 Projects Closed as of June 30, 2023 ................................................................................ 45 Community Improvements .............................................................................. 47 Summary of Estimated Costs and Project Funding Sources .......................................... 48 2006 Milpitas Metro Specific Plan Update (TASP) ..................................................... 66 2010 Land/Right-of-Way Value Determination ............................................................ 68 2011 Metro Area Police Substation ............................................................................... 70 3403 Fire Station Improvements ................................................................................... 72 3406 City Building Improvements .................................................................................. 74 3414 City Buildings Exterior Painting & Repairs ......................................................... 76 3415 PD Communications .............................................................................................. 78 3418 City Std. Details, Guidelines, & Specifications .................................................. 80 3421 Replacement Fire Station Alert System .............................................................. 82 3422 City Buildings Roofing Repairs ............................................................................ 84 3423 Police Records Management System ................................................................. 86 3427 Technology Projects ............................................................................................... 88 3434 Permitting Technology Improvement ................................................................... 90 3435 Finance System Upgrade ..................................................................................... 92 3436 ADA Compliance Review ...................................................................................... 94 3437 Milpitas Gateway - Main Street Specific Plan Update ...................................... 96 3438 Annual Tree Replacement Program .................................................................... 98 3445 Public Safety/DPW Disaster Plan Update .......................................................... 100 Table of Contents
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3447 Fire Station No. 2 Replacement ........................................................................... 102 3452 (Rmb) SCVWD Creek Projects ............................................................................ 104 3453 Climate Action Plan Update .................................................................................. 106 3459 ALPRs and Security Cameras Program ............................................................. 108 3460 Comprehensive Zoning Ordinance Update ....................................................... 110 3461 Fire Stations Security ............................................................................................ 112 3462 On-Call Facilities Maintenance & Repair Services ........................................... 114 3464 Mobile Emergency Operations Center ............................................................... 116 3465 Fire Station No. 1 Modular Building .................................................................... 118 3467 Human Resources Information System .............................................................. 120 3469 Metro Impact Fee Study ........................................................................................ 122 3486 Facilities Water Fixtures Retrofit Project ............................................................ 124 3487 Citywide LED Lighting Upgrade Project ............................................................. 126 3488 Community and Senior Center Energy Resilience Project .............................. 128 3489 Public Art Program ................................................................................................. 130 3490 Capital Improvement Program Administration ................................................... 132 3493 Milpitas SMART ...................................................................................................... 134 3495 Safe Facilities Improvements ............................................................................... 136 3496 GIS Development and Data Collection ............................................................... 138 3497 Public Safety Mobile Computer Terminals ......................................................... 140 3499 HVAC System Repairs and Upgrades ................................................................ 142 3503 Historic Resource Master Plan Update .............................................................. 144 3716 City Parking Lot Rehabilitation Program ............................................................ 146 New Council Chamber AV System Replacement ...................................................... 148 New Financial System Enterprise Resource Planning .............................................. 150 New Median Conversion Project .................................................................................. 152 New Watershed Analysis ............................................................................................... 154 New City Attorney Office ................................................................................................ 156 New Gateway Signage ................................................................................................... 158 Park Improvements ........................................................................................... 161 Summary of Estimated Costs and Project Funding Sources .......................................... 162 2005 Lower Penitencia Creek Pedestrian Bridge ....................................................... 168 2012 (Rmb) Metro Linear Trails ..................................................................................... 170 2013 (Rmb) Trade Zone/Montague Park - North ........................................................ 172 2023 Metro Tango Subdistrict Park ............................................................................... 174 3424 Citywide Park Rehabilitation ................................................................................. 176 3463 On-Call Parks and Landscaping Services ......................................................... 178 3491 Cardoza Park Softball Fields Improvement ....................................................... 180 3500 ARPA Park Rehabilitation – DPW ........................................................................ 182 3501 ARPA Park Rehabilitation – Engineering ........................................................... 184 5055 Alviso Adobe Renovation ...................................................................................... 186 5102 McCandless Park ................................................................................................... 188 5108 Sports Fields Turf Rehabilitation Program ......................................................... 190 5110 Sandalwood Park Renovation .............................................................................. 192 Table of Contents
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5113 Minor Sports Courts Rehabilitation Program ..................................................... 194 5114 MSC Master Plan Update ..................................................................................... 196 New Sport Center Football Bleacher Replacement ................................................... 198 Street Improvements ....................................................................................... 201 Summary of Estimated Costs and Project Funding Sources .......................................... 202 2001 Light Rail Median Landscaping ............................................................................ 214 2008 Montague Pedestrian Overcrossing at Piper Dr. ............................................... 216 2016 S. Milpitas Blvd. Vehicle Bridge at Penitencia .................................................. 218 2018 Montague Ped. Overcrossing at Penitencia ...................................................... 220 2021 Costa Street Plan Line Study ............................................................................... 222 2022 Feasibility of POCs at VTA Light Rail Platforms ................................................ 224 3402 McCarthy Blvd. LLMD Improvement 95-1 .......................................................... 226 3411 Sinclair LLMD Improvements 98-1 ...................................................................... 228 3425 Main St. Utility Undergrounding ........................................................................... 230 3426 Annual Sidewalk, Curb & Gutter Repair ............................................................. 232 3430 Main St. Street Light Project ................................................................................. 234 3440 Annual Street Light, Signal, and Signage .......................................................... 236 3448 Trail, Bicycle, Pedestrian Master Plan Update .................................................. 238 3449 Street Landscape Irrigation Repair ..................................................................... 240 3454 Enhanced Crosswalk Striping and Beacons ...................................................... 242 3455 Pilot Street Sweeping Program ............................................................................ 244 3458 Radar Speed Feedback Signage ........................................................................ 246 4179 Montague Expwy Widening at Great Mall Pkwy ............................................... 248 4258 Calaveras Blvd. Widening Project ....................................................................... 250 4265 Bart Extension Coordination and Planning ........................................................ 252 4267 Soundwall and Barrier Repair and Renovation Program ................................. 254 4274 I-880 Interchange Right-of-Way Closeout .......................................................... 256 4283 ADA Curb Ramp Transition Program .................................................................. 258 4288 Traffic Studies & Minor Improvements ................................................................ 260 4290 Annual Bridge Rehabilitation ................................................................................ 262 4293 Citywide Traffic Safety Assessment .................................................................... 264 4294 SR237 HOV Lane Improvements ........................................................................ 266 4295 Street Pavement Restriping Program ................................................................. 268 4297 Citywide Traffic Modeling ...................................................................................... 270 4298 Street Resurfacing Project 2020-21 .................................................................... 272 4303 Street Resurfacing Project 2021-22 .................................................................... 274 4304 Street Resurfacing Project 2022-23 .................................................................... 276 4306 Bike and Pedestrian Outreach ............................................................................. 278 Plan Street Resurfacing Project 2023-24 .................................................................... 280 Plan Street Resurfacing Project 2024-25 .................................................................... 282 Plan Street Resurfacing Project 2025-26 .................................................................... 284 Plan Street Resurfacing Project 2026-27 .................................................................... 286 New Street Resurfacing Project 2027-28 .................................................................... 288 New Bicycle Improvement Project ................................................................................ 290 Table of Contents
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Water Improvements ....................................................................................... 293 Summary of Estimated Costs and Project Funding Sources .......................................... 294 2002 2nd SCVWD Water Reservoir & Pump Station ................................................. 300 2009 SCVWD Second Water Supply Turnout ............................................................. 302 2019 (Rmb) Metro Recycled Water Distribution .......................................................... 304 2020 SCVWD Zone 1 Pressure Red. Valve ................................................................ 306 7076 Well Upgrade Project ............................................................................................. 308 7100 Aging Water System/Seismic Improvements .................................................... 310 7110 Hydrant Replacement Program ........................................................................... 312 7112 Reservoir Cleaning Program ................................................................................ 314 7117 Abel Street Pipeline Extension ............................................................................. 316 7118 Dempsey Road Water Line Replacement .......................................................... 318 7121 Automated Meter Replacement Program ........................................................... 320 7125 BART Project - Water Improvements .................................................................. 322 7126 Water Conservation Program ............................................................................... 324 7127 Water Supervisory Control & Data Acquisition .................................................. 326 7133 Minor Water Projects ............................................................................................. 328 7135 Water Leak Detection & Condition Assessment Program ............................... 330 7136 Water Master Plan Update ................................................................................... 332 7137 On-Call Water Maintenance & Repair Services ................................................ 334 Plan Los Coches Backbone .......................................................................................... 336 Plan Lower Berryessa Creek Water Line .................................................................... 338 New Cross Connection Control Program .................................................................. 340 New Asset Renewal and Replacement Program ....................................................... 342 New Water Meter Test Program .................................................................................... 344 New Risk and Resiliency Improvements ..................................................................... 346 New Pipeline & Facility Condition Assessment .......................................................... 348 New Fire Flow Pipeline Improvements ........................................................................ 350 New Fire Flow Interconnection Improvements ........................................................... 352 Sewer Improvements ....................................................................................... 355 Summary of Estimated Costs and Project Funding Sources .......................................... 356 6118 SJ/SC Regional Waste Water Facility ................................................................. 362 6121 BART Project - Sewer Improvements ................................................................. 364 6124 Sewer Pump Station Rehabilitation Program .................................................... 366 6126 Minor Sewer Projects ............................................................................................ 368 6127 Sanitary Supervisory Control & Data Acquisition .............................................. 370 6130 Main Lift Station Odor Emissions Control .......................................................... 372 6131 Sanitary Sewer Cathodic Protection Imprv. ....................................................... 374 6132 Sewer Master Plan Update ................................................................................... 376 6134 On-Call Sewer Maintenance & Repair Services ............................................... 378 New Sanitary Sewer CCTV Inspections & Improvements ........................................ 380 New Sanitary Sewer Pipeline Improvements ............................................................. 382 New Forcemain "A" Project ........................................................................................... 384 Table of Contents
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Storm Drain Improvements ............................................................................ 387 Summary of Estimated Costs and Project Funding Sources .......................................... 388 3700 Wrigley-Ford Creek Rehabilitation ...................................................................... 394 3709 Dempsey Road Storm Drain Replacement ........................................................ 396 3711 BART Project - Storm Improvements .................................................................. 398 3714 Flap Gate Replacement ........................................................................................ 400 3715 Storm Drain System Rehabilitation ..................................................................... 402 3718 Storm Supervisory Control & Data Acquisition .................................................. 404 3719 On-Call Storm Maintenance & Repair Services ................................................ 406 Planned Projects Without Funding .............................................................. 409 Appendix ............................................................................................................. 419 Funding Source Definitions ................................................................................................ 419 Index by Project Number .................................................................................................... 421 Index by Project Name ....................................................................................................... 426 Abbreviations ....................................................................................................................... 431 Glossary ............................................................................................................................... 433 Table of Contents
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Capital Budget and Annual Five-Year Capital Improvement Program The annual Capital Budget and five-year Capital Improvement Program (CIP) document is developed by the Engineering and Finance Departments in cooperation with City Departments. The document is a comprehensive budgeting and planning tool for projects that repair, and improve City utilities, parks, streets, and building infrastructure. Also known as a Capital Budget, the CIP document reflects priorities of the City Council and the community, and it identifies priorities, schedules, estimated costs, funding sources and financing methods necessary for delivering critical services and infrastructure for the Milpitas Community.
City Council Priorities
The City Council has established seven Priority Areas shown below which guide the development of the annual budget and the five-year Capital Improvement Program.
• Community Wellness and Open Space: Continue to provide parks and amenities for people of all ages and abilities to enjoy higher levels of physical and mental health. • Economic Development and Job Growth: Continue to strengthen our economic foundations that support community prosperity and opportunity while ensuring a sustainable and livable city. • Environment: Promote a sustainable community and protect the natural environment. • Governance and Administration: Continue to streamline processes for enhanced service and remain committed to long-term fiscal discipline and financial stewardship. • Neighborhoods and Housing: Continue to explore innovative approaches to incentivize affordable housing projects, collaborate with key stakeholders to care for our most vulnerable populations, and support and engage neighborhoods through dedicated programs and services.
• Public Safety: Continue to invest in police and fire protection, in partnership with our community. • Transportation and Transit: Continue to seek and develop collaborative solutions to meet the transportation challenges facing our community and our region.
Capital Improvement Program Calendar, Preparation, and Document Layout The City’s annual budget and Capital Improvement Program process begins in October with the Call-for-Projects and concludes in April following a Public Hearing and City Council adoption of the annual five-year Capital Improvement Program (CIP) document.
• Creation of the annual five-year CIP starts with a Call-for-Projects to all City departments each October. This is the opportunity for departments to request new Capital Projects or to request changes to existing projects already in the CIP.
• Starting in November, new projects and existing project scope and funding changes as requested by departments are initially reviewed, prioritized, and ranked by the Engineering and Finance Departments for conformance with Council priorities, available funding, and resources prior to approval by the City Manager’s Office. Criteria for ranking include immediate health and safety; grant funded; council referrals; operating efficiency; legal mandate; alignment with Council priorities, managing department; project schedule; funding source; and impact to operating budget.
• The City Manager submits a Proposed CIP document to the City Council for review and input during the February CIP study session. The February study session is a Public Meeting where the public can ask questions and provide opinion.
Capital Improvement Process and Document
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• The Parks section of the Proposed CIP is presented to the City’s Parks Recreation Cultural Resource Commission (PRCRC) in March for review and recommendation. Also, in March, the Proposed CIP document is presented to the Planning Commission where the Commission has the duty to determine if the CIP is in conformance with the City’s General Plan.
• After completion of Council and commission review, the City Manager submits the Final CIP with any amendments outlined to the City Council for adoption in April during a Public Hearing to solicit further input from the public.
• The funding for the first year of the CIP is appropriated as part of Council approval of the City’s Adopted Budget for the upcoming fiscal scheduled in June.
The CIP document provides project cost estimates, methods of financing, and anticipated schedules for the completion of Capital Projects over a five-year period. The document is organized into six categories: Community Improvement, Park Improvement, Street Improvement, Water Improvement, Sewer Improvement, and Storm Drain improvement.
• Community Improvement: This section includes projects for the improvement of City buildings, finance system upgrades, Planning Specific Plans update, Technology infrastructure, Public Safety systems upgrades, sustainable energy infrastructure, and the update to the Climate Action Plan. Community Improvement projects are funded by the Community Planning Fees, General Government CIP Funds, Grants, Permit Automation Fund, Public Art Fund, TASP Impact Fees, and Transient Occupancy Tax (“Hotel Tax”). • Parks Improvement: This section includes park-related projects such as new parks and park rehabilitation and renovation. Projects in this section are funded through several sources including Community Facilities District, General Government CIP Fund, Grants, Midtown Park Improvement Fund, Impact Fees, Park Improvement Fund, and Transit Area Specific Plan (TASP).
• Streets Improvement: The Streets section includes projects for the annual street resurfacing, bridge rehabilitation, sidewalk and curb and gutter repairs, ADA ramp transition program, traffic studies and modeling, and major improvement projects for the widening of the Calaveras Road Bridge, construction of the South Milpitas Bridge, and Pedestrian Overcrossing over Montague Expressway. Funding for projects in this section are funded by the Gas Tax Fund, General Government CIP Fund, Grants, Impact Fees, Measure B, SB1 RMRA, Street Improvement Fund, Transient Occupancy Tax, and Vehicle registration fees. • Water Improvement: The Water section includes projects for update to the Master Plan, water conservation program, and the improvement of both potable and reclaimed water infrastructure including wells, reservoirs, pump stations, and pipelines. This section is funded by the City’s Water Fund (enterprise fund), system connection fees, and through a Water Bond.
• Sewer Improvements: The Sewer Improvement section includes projects for update to the Master Plan, system assessments, and the improvement of the City’s sanitary sewer infrastructure including pump station and pipeline. Projects in this section are funded by the Sewer Fund (enterprise fund), connection fees, treatment plant fees, and through a Sewer Bond.
• Storm Drain Improvements: The Storm Drain section includes storm drain-related improvement projects for pump stations, pipeline replacements, and system assessment and upgrades. Projects in this section are funded from a combination of the Storm Drain Fund, General Government CIP Funding, grants, and developer contributions.
Capital Project funding accounts are made up of funds that help organize and account for restricted resources. A fund is defined as a fiscal accounting entity with a self-balancing set of accounts (comprised of assets, liabilities, fund equity, revenues, and expenditures), which are segregated for the purpose of carrying out specific activities or Capital Improvement Program Process and Document
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attaining certain objectives in accordance with regulatory requirements. Refer to the CIP document Appendix for funding source definitions.
During the development process for the annual 5-year CIP document, Engineering and Finance staff reviews the life cycle costing principle in planning for Capital Projects. All costs associated with a Capital Project, including operations and maintenance, will be included in the operating budget and the CIP document identifies the impact to the operating budget for each project.
Capital Projects in the CIP document are identified with a Project Number, or as “New” or “Plan”. Projects identified with a Project Number are programmed to receive funding in the first 5 years. Projects identified as “New” are projects that are recommended to be added to the proposed CIP. Once Council approves the proposed project, a Project Number is assigned. Projects identified as “Plan” in the 2nd thought the 5th year of the CIP in previous years without an identified funding source per City Council direction or the projects are recurring such as the annual Street Resurfacing project without identified funding are placed in the section titled "Planned Projects Without Funding".
Cost estimates shown in the non-funded year are preliminary and subject to change. Project cost estimates are confirmed when the Project reaches the design phase.
Project Detail Pages
Each Project identified in the first 5-years of the CIP document has a project that includes details such as the year it was added to the CIP document; Council priority; location; managing department; stage and estimated schedule; project description and notes; estimated cost; funding source; and finance and operating impact notes.
Capital Improvement Process and Document
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Capital Improvement Program Process and Document
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Resolutions
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Resolutions
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Resolutions
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Resolutions
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Resolutions
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Resolutions
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Resolutions
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Resolutions
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Resolutions
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Resolutions
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Resolutions
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Resolutions
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Resolutions
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Item # 14.
Capital Improvement Program Grand Summary
Project Expenses FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Community Improvement 7,395,000 6,093,000 3,228,000 3,218,000 2,528,000 22,462,000 Park Improvement 1,655,000 8,955,000 3,155,000 6,205,000 955,000 20,925,000 Street Improvement 7,934,100 14,404,100 32,294,100 7,244,100 8,844,100 70,720,500 Water Improvement 3,571,000 2,230,000 11,985,000 23,257,000 20,370,000 61,413,000 Sewer Improvement 10,068,000 13,393,000 31,524,000 4,880,000 5,905,000 65,770,000 Storm Drain Improvement 1,958,000 0 0 1,430,000 0 3,388,000 Total $32,581,100 $45,075,100 $82,186,100 $46,234,100 $38,602,100 $244,678,500 Funding Sources FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Gas Tax Fund 2,615,000 1,800,000 1,800,000 1,800,000 1,800,000 9,815,000 General Fund 2,400,000 0 0 0 0 2,400,000
General Government CIP
Fund 4,459,000 2,400,000 50,000 0 0 6,909,000
Information Technology
Replacement 0 300,000 0 0 0 300,000
LLMD 89,100 89,100 89,100 89,100 89,100 445,500
Measure B 1,700,000 1,700,000 1,700,000 1,700,000 1,700,000 8,500,000 Park Fund 1,555,000 0 0 0 0 1,555,000
Public Art Fund 50,000 50,000 50,000 50,000 50,000 250,000 SB1 RMRA 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 7,500,000 Sewer Fund 50,000 25,000 250,000 0 0 325,000
Sewer Infrastructure Fund 9,770,000 13,393,000 11,524,000 4,880,000 5,905,000 45,472,000 Sewer Treatment Fund 500,000 0 0 0 0 500,000
Storm Drain General Fund 558,000 0 0 0 0 558,000
Storm Drain Fund 1,400,000 0 0 0 0 1,400,000
Street Improvement Fund 210,000 0 0 0 0 210,000
TASP Impact Fees 152,000 6,308,000 7,108,000 20,248,000 10,238,000 44,054,000 Vehicle Registration Fee 500,000 500,000 500,000 500,000 500,000 2,500,000 Water Capital Surcharge 3,773,000 2,140,000 8,095,000 4,767,000 7,050,000 25,825,000 Water Fund 50,000 25,000 250,000 0 0 325,000
Water Line Extension Fund 0 90,000 3,890,000 2,490,000 90,000 6,560,000 Sub Total $31,331,100 $30,320,100 $36,806,100 $38,024,100 $28,922,100 $165,403,500 External Financing FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Grants/Reimb./Developer
Fees 1,250,000 0 0 0 0 1,250,000
Wastewater Revenue Bonds 0 0 20,000,000 0 0 20,000,000
Sub Total $1,250,000 $0 $20,000,000 $0 $0 $21,250,000
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total No Funding Source 0 14,755,000 25,380,000 8,210,000 9,680,000 58,025,000 Total $32,581,100 $45,075,100 $82,186,100 $46,234,100 $38,602,100 $244,678,500 Capital Improvement Program Summary
City of Milpitas 27
204
Item # 14.
Capital Improvement Program Grand Summary
Five-Year Expenditure by Category for 2024-28
Community Improvement
$22.46M
9.2%
Park Improvement
$20.93M
8.6%
Street Improvement
$70.72M
29% Water Improvement
$61.41M
25.1%
Sewer Improvement
$65.77M
26.9%
Storm Drain Improvement
$3.39M
1.4%
Expenditures by Category for FY 2023-24
Community Improvement
$7.40M
23%
Park Improvement
$1.66M
5%
Street Improvement
$7.93M
24%Water Improvement
$3.57M
11%
Sewer Improvement
$10.07M
31%
Storm Drain Improvement
$1.96M
6%
Capital Improvement Program Summary
28 City of Milpitas
205
Item # 14.
Funding Sources for FY 2023-24
Funding Sources
Dollars
$2,615,000
$2,400,000
$4,459,000
$1,250,000
$89,100
$1,700,000
$1,555,000
$50,000
$1,500,000
$50,000
$9,770,000
$500,000
$558,000
$1,400,000
$210,000
$152,000
$500,000
$3,773,000
$50,000
Gas Tax Fund
General Fund
General Government CIP Fund
Grants/Reimb./Developer Fees
LLMD
Measure B
Park Fund
Public Art Fund
SB1 RMRA
Sewer Fund
Sewer Infrastructure Fund
Sewer Treatment Fund
Storm Drain General Fund
Storm Drain Fund
Street Improvement Fund
TASP Impact Fees
Vehicle Registration Fee
Water Capital Surcharge
Water Fund
$0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 Number of Projects Funded by Category for FY 2023-24
Community Improvement: 18
Park Improvement: 6
Street Improvement: 10
Water Improvement: 6
Sewer Improvement: 6
Storm Drain Improvement: 2
Capital Improvement Program Summary
City of Milpitas 29
206
Item # 14.
New Projects Approved 2024-28
Community Improvements
Pg. No. Project Name FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total 148 New Council Chamber AV System
Replacement 800,000 0 0 0 0 800,000
150 New Financial System Enterprise
Resource Planning 1,850,000 900,000 550,000 0 0 3,300,000 152 New Median Conversion Project 300,000 300,000 300,000 300,000 300,000 1,500,000 154 New Watershed Analysis 180,000 0 0 0 0 180,000
156 New City Attorney Office 450,000 0 0 0 0 450,000
158 New Gateway Signage 250,000 0 150,000 0 0 400,000
Total $3,830,000 $1,200,000 $1,000,000 $300,000 $300,000 $6,630,000 Park Improvements
Pg. No. Project Name FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total 198 New Sport Center Football
Bleacher Replacement 200,000 1,000,000 0 0 0 1,200,000
Total $200,000 $1,000,000 $0 $0 $0 $1,200,000
Street Improvements
Pg. No. Project Name FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total 288 New Street Resurfacing Project
2027-28 0 0 0 0 4,000,000 4,000,000
290 New Bicycle Improvement Project 1,000,000 0 0 0 0 1,000,000 Total $1,000,000 $0 $0 $0 $4,000,000 $5,000,000
Capital Improvement Program Summary
30 City of Milpitas
207
Item # 14.
Water Improvements
Pg. No. Project Name FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total 340 New Cross Connection Control
Program 750,000 0 0 0 0 750,000
342 New Asset Renewal and
Replacement Program 0 0 1,685,000 1,685,000 1,685,000 5,055,000 344 New Water Meter Test Program 0 0 100,000 0 0 100,000 346 New Risk and Resiliency
Improvements 0 0 135,000 0 2,000,000 2,135,000
348 New Pipeline & Facility Condition
Assessment 0 0 2,740,000 0 0 2,740,000
350 New Fire Flow Pipeline
Improvements 0 0 2,755,000 1,340,000 1,470,000 5,565,000 352 New Fire Flow Interconnection
Improvements 0 0 0 972,000 0 972,000
Total $750,000 $0 $7,415,000 $3,997,000 $5,155,000 $17,317,000 Sewer Improvements
Pg. No. Project Name FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total 380 New Sanitary Sewer CCTV
Inspections & Improvements 533,000 433,000 433,000 333,000 333,000 2,065,000 382 New Sanitary Sewer Pipeline
Improvements 0 0 996,000 1,417,000 2,912,000 5,325,000
384 New Forcemain "A" Project 2,000,000 940,000 23,200,000 0 0 26,140,000 Total $2,533,000 $1,373,000 $24,629,000 $1,750,000 $3,245,000 $33,530,000 New Projects added to the Capital Improvement Program as approved by the City Council without an identified funding source are listed under the Planned Projects Without Funding tab.
Capital Improvement Program Summary
City of Milpitas 31
208
Item # 14.
Capital Improvement Program Summary
32 City of Milpitas
209
Item # 14.
Project Categories with Insufficient or No Funding
Summary Overview
Project Categories FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Community Improvement 0 3,285,000 2,620,000 2,470,000 2,470,000 10,845,000 Park Improvement 0 8,955,000 3,155,000 2,655,000 955,000 15,720,000 Street Improvement 0 2,515,000 19,605,000 1,655,000 3,255,000 27,030,000 Water Improvement 0 0 0 0 3,000,000 3,000,000
Sewer Improvement 0 0 0 0 0 0
Storm Drain Improvement 0 0 0 1,430,000 0 1,430,000
Total $0 $14,755,000 $25,380,000 $8,210,000 $9,680,000 $58,025,000 Community Improvement
$10.85M
19% Park Improvement
$15.72M
27%
Street Improvement
$27.03M
47%
Water Improvement
$3.00M
5%
Storm Drain Improvement
$1.43M
2%
Capital Improvement Program Summary
City of Milpitas 33
210
Item # 14.
Projects with Insufficient or No Funding
Community Improvement Projects
Pg. No. Project Name FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Estimated Cost
72 3403 Fire Station Improvements 0 250,000 150,000 150,000 150,000 700,000 74 3406 City Building Improvements 0 500,000 500,000 500,000 500,000 2,000,000 84 3422 City Buildings Roofing Repairs 0 0 150,000 150,000 150,000 450,000 88 3427 Technology Projects 0 65,000 0 0 0 65,000
98 3438 Annual Tree Replacement
Program 0 0 100,000 100,000 100,000 300,000
114 3462 On-Call Facilities Maintenance &
Repair Services 0 400,000 300,000 300,000 300,000 1,300,000 132 3490 Capital Improvement Program
Administration 0 720,000 720,000 720,000 720,000 2,880,000 138 3496 GIS Development and Data
Collection 0 150,000 150,000 150,000 150,000 600,000
142 3499 HVAC System Repairs and
Upgrades 0 900,000 0 0 0 900,000
146 3716 City Parking Lot Rehabilitation
Program 0 0 100,000 100,000 100,000 300,000
152 New Median Conversion Project 0 300,000 300,000 300,000 300,000 1,200,000 158 New Gateway Signage 0 0 150,000 0 0 150,000
Total Community Improvement Needs $0 $3,285,000 $2,620,000 $2,470,000 $2,470,000 $10,845,000 Park Improvement Projects
Pg. No. Project Name FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Estimated Cost
176 3424 Citywide Park Rehabilitation 0 600,000 600,000 600,000 600,000 2,400,000 178 3463 On-Call Parks and Landscaping
Services 0 200,000 200,000 200,000 200,000 800,000
180 3491 Cardoza Park Softball Fields
Improvement 0 7,000,000 0 0 0 7,000,000
190 5108 Sports Fields Turf Rehabilitation
Program 0 0 0 1,700,000 0 1,700,000
192 5110 Sandalwood Park Renovation 0 0 2,200,000 0 0 2,200,000 194 5113 Minor Sports Courts
Rehabilitation Program 0 155,000 155,000 155,000 155,000 620,000 198 New Sport Center Football
Bleacher Replacement 0 1,000,000 0 0 0 1,000,000
Total Park Improvement Needs $0 $8,955,000 $3,155,000 $2,655,000 $955,000 $15,720,000 Capital Improvement Program Summary
34 City of Milpitas
211
Item # 14.
Projects with Insufficient or No Funding
Street Improvement Projects
Pg. No. Project Name FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Estimated Cost
220 2018 Montague Ped. Overcrossing at
Penitencia 0 0 14,400,000 0 0 14,400,000
230 3425 Main St. Utility Undergrounding 0 600,000 1,500,000 0 0 2,100,000 232 3426 Annual Sidewalk, Curb & Gutter
Repair 0 290,000 290,000 290,000 290,000 1,160,000
234 3430 Main St. Street Light Project 0 0 2,400,000 350,000 2,050,000 4,800,000 236 3440 Annual Street Light, Signal, and
Signage 0 435,000 205,000 205,000 205,000 1,050,000
240 3449 Street Landscape Irrigation
Repair 0 320,000 320,000 320,000 320,000 1,280,000
254 4267 Soundwall and Barrier Repair
and Renovation Program 0 210,000 210,000 210,000 210,000 840,000 260 4288 Traffic Studies & Minor
Improvements 0 100,000 0 100,000 0 200,000
262 4290 Annual Bridge Rehabilitation 0 460,000 180,000 180,000 180,000 1,000,000 268 4295 Street Pavement Restriping
Program 0 100,000 100,000 0 0 200,000
Total Street Improvement Needs $0 $2,515,000 $19,605,000 $1,655,000 $3,255,000 $27,030,000 Water Improvement Projects
Pg. No. Project Name FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Estimated Cost
300 2002 2nd SCVWD Water Reservoir &
Pump Station 0 0 0 0 2,000,000 2,000,000
302 2009 SCVWD Second Water Supply
Turnout 0 0 0 0 1,000,000 1,000,000
Total Water Improvements Needs $0 $0 $0 $0 $3,000,000 $3,000,000 Storm Drain Improvement Projects
Pg. No. Project Name FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Estimated Cost
396 3709 Dempsey Road Storm Drain
Replacement 0 0 0 1,430,000 0 1,430,000
Total Storm Drain Improvement Needs $0 $0 $0 $1,430,000 $0 $1,430,000 Capital Improvement Program Summary
City of Milpitas 35
212
Item # 14.
Capital Improvement Program Summary
36 City of Milpitas
213
Item # 14.
Projects Proposed to be Funded as of July 1, 2023
Community Improvement Projects
Refer to project details on pages 48-64.
Pg. No. Project Name Adopted FY 2023-24 Amount
68 2010 Land/Right-of-Way Value Determination 8,000
72 3403 Fire Station Improvements 500,000
74 3406 City Building Improvements 730,000
84 3422 City Buildings Roofing Repairs 350,000
88 3427 Technology Projects 115,000
114 3462 On-Call Facilities Maintenance & Repair Services 400,000 118 3465 Fire Station No. 1 Modular Building 200,000
120 3467 Human Resources Information System 100,000
130 3489 Public Art Program 50,000
132 3490 Capital Improvement Program Administration 720,000 138 3496 GIS Development and Data Collection 142,000
140 3497 Public Safety Mobile Computer Terminals 250,000 148 New Council Chamber AV System Replacement 800,000
150 New Financial System Enterprise Resource Planning 1,850,000 152 New Median Conversion Project 300,000
154 New Watershed Analysis 180,000
156 New City Attorney Office 450,000
158 New Gateway Signage 250,000
Total $7,395,000
Funding Source
General Fund 2,400,000
General Government CIP Fund 4,039,000
Grants/Reimb./Developer Fees 250,000
Public Art Fund 50,000
Sewer Infrastructure Fund 202,000
Sewer Fund 50,000
TASP Impact Fees 152,000
Water Fund 50,000
Water Capital Surcharge 202,000
Total $7,395,000
Capital Improvement Program Summary
City of Milpitas 37
214
Item # 14.
Projects Proposed to be Funded as of July 1, 2023
Park Improvement Projects
Refer to project details on pages 162-167.
Pg. No. Project Name Adopted FY 2023-24 Amount
176 3424 Citywide Park Rehabilitation 600,000
178 3463 On-Call Parks and Landscaping Services 200,000 186 5055 Alviso Adobe Renovation 200,000
190 5108 Sports Fields Turf Rehabilitation Program 300,000 194 5113 Minor Sports Courts Rehabilitation Program 155,000 198 New Sport Center Football Bleacher Replacement 200,000 Total $1,655,000
Funding Source
General Government CIP Fund 100,000
Park Fund 1,555,000
Total $1,655,000
Street Improvement Projects
Refer to project details on pages 202-212.
Pg. No. Project Name Adopted FY 2023-24 Amount
226 3402 McCarthy Blvd. LLMD Improvement 95-1 66,500
228 3411 Sinclair LLMD Improvements 98-1 22,600
232 3426 Annual Sidewalk, Curb & Gutter Repair 890,000
236 3440 Annual Street Light, Signal, and Signage 825,000 240 3449 Street Landscape Irrigation Repair 320,000
254 4267 Soundwall and Barrier Repair and Renovation Program 210,000 258 4283 ADA Curb Ramp Transition Program 400,000
268 4295 Street Pavement Restriping Program 200,000
280 4305 Street Resurfacing Project 2023-24 4,000,000
290 New Bicycle Improvement Project 1,000,000
Total $7,934,100
Funding Source
Gas Tax Fund 2,615,000
General Government CIP Fund 320,000
Grants/Reimb./Developer Fees 1,000,000
LLMD 89,100
Measure B 1,700,000
SB1 RMRA 1,500,000
Street Improvement Fund 210,000
Vehicle Registration Fee 500,000
Total $7,934,100
Capital Improvement Program Summary
38 City of Milpitas
215
Item # 14.
Projects Proposed to be Funded as of July 1, 2023
Water Improvement Projects
Refer to project details on pages 294-299.
Pg. No. Project Name Adopted FY 2023-24 Amount
312 7110 Hydrant Replacement Program 90,000
314 7112 Reservoir Cleaning Program 50,000
324 7126 Water Conservation Program 225,000
328 7133 Minor Water Projects 2,106,000
334 7137 On-Call Water Maintenance & Repair Services 350,000 340 New Cross Connection Control Program 750,000
Total $3,571,000
Funding Source
Water Capital Surcharge 3,571,000
Total $3,571,000
Sewer Improvement Projects
Refer to project details on pages 356-361.
Pg. No. Project Name Adopted FY 2023-24 Amount
362 6118 SJ/SC Regional Waste Water Facility 6,810,000
366 6124 Sewer Pump Station Rehabilitation Program 575,000 368 6126 Minor Sewer Projects 50,000
378 6134 On-Call Sewer Maintenance & Repair Services 100,000 380 New Sanitary Sewer CCTV Inspections & Improvements 533,000 384 New Forcemain "A" Project 2,000,000
Total $10,068,000
Funding Source
Sewer Infrastructure Fund 9,568,000
Sewer Treatment Fund 500,000
Total $10,068,000
Storm Drain Improvement Projects
Refer to project details on pages 388-393.
Pg. No. Project Name Adopted FY 2023-24 Amount
400 3714 Flap Gate Replacement $400,000
402 3715 Storm Drain System Rehabilitation 1,558,000
Total $1,958,000
Funding Source
Storm Drain General Fund $558,000
Storm Drain Fund 1,400,000
Total $1,958,000
Capital Improvement Program Summary
City of Milpitas 39
216
Item # 14.
Projects Funded in Prior Years
Community Improvement Projects
66 2006 Milpitas Metro Specific Plan Update (TASP) 55,000 1,526,250 68 2010 Land/Right-of-Way Value Determination 2,500 29,000 70 2011 Metro Area Police Substation 208,000 310,000
72 3403 Fire Station Improvements 594,000 1,750,000
74 3406 City Building Improvements 460,000 4,115,000
76 3414 City Buildings Exterior Painting & Repairs 360,000 600,000 78 3415 PD Communications 231,000 3,155,000
80 3418 City Std. Details, Guidelines, & Specifications 395,000 400,000 82 3421 Replacement Fire Station Alert System 0 345,000 84 3422 City Buildings Roofing Repairs 648,000 900,000
86 3423 Police Records Management System 280,000 1,099,721 88 3427 Technology Projects 268,000 1,800,000
90 3434 Permitting Technology Improvement 285,000 550,000 92 3435 Finance System Upgrade 92,000 1,250,000
94 3436 ADA Compliance Review 25,000 331,158
96 3437 Milpitas Gateway - Main Street Specific Plan Update 35,000 1,100,000 98 3438 Annual Tree Replacement Program 215,000 544,000 100 3445 Public Safety/DPW Disaster Plan Update 207,000 250,000 102 3447 Fire Station No. 2 Replacement 947,000 14,320,000 104 3452 (Rmb) SCVWD Creek Projects 17,000 1,750,000
106 3453 Climate Action Plan Update 150,000 350,000
108 3459 ALPRs and Security Cameras Program 318,000 515,000 110 3460 Comprehensive Zoning Ordinance Update 120,000 1,000,000 112 3461 Fire Stations Security 56,000 200,000
114 3462 On-Call Facilities Maintenance & Repair Services 214,000 1,095,000 116 3464 Mobile Emergency Operations Center 0 1,240,000 118 3465 Fire Station No. 1 Modular Building 799,000 800,000 120 3467 Human Resources Information System 1,100,000 1,100,000 122 3469 Metro Impact Fee Study 150,000 150,000
124 3486 Facilities Water Fixtures Retrofit Project 0 670,000 126 3487 Citywide LED Lighting Upgrade Project 0 6,872,425 128 3488 Community and Senior Center Energy Resilience Project 324,000 5,107,597 130 3489 Public Art Program 489,000 566,000
132 3490 Capital Improvement Program Administration 479,000 1,105,000 134 3493 Milpitas SMART 0 1,355,916
136 3495 Safe Facilities Improvements 51,000 575,000
138 3496 GIS Development and Data Collection 287,000 350,000 140 3497 Public Safety Mobile Computer Terminals 360,000 360,000 142 3499 HVAC System Repairs and Upgrades 620,000 620,000 144 3503 Historic Resource Master Plan Update 200,000 200,000 146 3716 City Parking Lot Rehabilitation Program 200,000 490,000 Total $11,241,500 $60,847,067
Pg. No. Project Name Uncommitted Balance
as of 3/31/2023
Approved Funding as of
3/31/2023
Capital Improvement Program Summary
40 City of Milpitas
217
Item # 14.
Projects Funded in Prior Years
Park Improvement Projects
168 2005 Lower Penitencia Creek Pedestrian Bridge 1,389,000 1,825,000 170 2012 (Rmb) Metro Linear Trails 2,758,000 3,270,000
172 2013 (Rmb) Trade Zone/Montague Park - North 1,977,000 3,100,000 174 2023 Metro Tango Subdistrict Park 576,000 600,000
176 3424 Citywide Park Rehabilitation 270,000 2,053,497 178 3463 On-Call Parks and Landscaping Services 141,000 520,000 180 3491 Cardoza Park Softball Fields Improvement 796,000 800,000 182 3500 ARPA Park Rehabilitation – DPW 468,000 1,340,543 184 3501 ARPA Park Rehabilitation – Engineering 2,867,000 3,270,815 186 5055 Alviso Adobe Renovation 40,000 8,159,272
188 5102 McCandless Park 910,000 12,154,820
190 5108 Sports Fields Turf Rehabilitation Program 333,000 476,000 192 5110 Sandalwood Park Renovation 235,000 475,000
194 5113 Minor Sports Courts Rehabilitation Program 380,000 915,000 196 5114 MSC Master Plan Update 25,000 150,000
Total $13,165,000 $39,109,947
Pg. No. Project Name Uncommitted Balance
as of 3/31/2023
Approved Funding as of
3/31/2023
Capital Improvement Program Summary
City of Milpitas 41
218
Item # 14.
Projects Funded in Prior Years
Street Improvement Projects
214 2001 Light Rail Median Landscaping 2,049,000 5,996,000 216 2008 Montague Pedestrian Overcrossing at Piper Dr. 904,000 8,750,000 218 2016 S. Milpitas Blvd. Vehicle Bridge at Penitencia 5,497,000 6,400,000 220 2018 Montague Ped. Overcrossing at Penitencia 1,277,000 3,500,000 222 2021 Costa Street Plan Line Study 84,000 125,000
224 2022 Feasibility of POCs at VTA Light Rail Platforms 15,000 200,000 226 3402 McCarthy Blvd. LLMD Improvement 95-1 368,000 1,032,256 228 3411 Sinclair LLMD Improvements 98-1 92,000 229,875 230 3425 Main St. Utility Undergrounding 28,000 180,613 232 3426 Annual Sidewalk, Curb & Gutter Repair 19,000 2,396,840 234 3430 Main St. Street Light Project 35,000 300,000
236 3440 Annual Street Light, Signal, and Signage 192,000 1,669,432 238 3448 Trail, Bicycle, Pedestrian Master Plan Update 40,000 293,541 240 3449 Street Landscape Irrigation Repair 340,000 486,000 242 3454 Enhanced Crosswalk Striping and Beacons 225,000 603,000 244 3455 Pilot Street Sweeping Program 587,000 700,000
246 3458 Radar Speed Feedback Signage 194,000 400,000
248 4179 Montague Expwy Widening at Great Mall Pkwy 597,000 8,619,537 250 4258 Calaveras Blvd. Widening Project 41,000 5,106,960 252 4265 Bart Extension Coordination and Planning 105,000 2,480,956 254 4267 Soundwall and Barrier Repair and Renovation Program 298,000 1,178,465.75 256 4274 I-880 Interchange Right-of-Way Closeout 640,000 727,181 258 4283 ADA Curb Ramp Transition Program 170,000 2,270,801 260 4288 Traffic Studies & Minor Improvements 143,000 200,000 262 4290 Annual Bridge Rehabilitation 91,000 250,000
264 4293 Citywide Traffic Safety Assessment 3,000 400,000 266 4294 SR237 HOV Lane Improvements 0 300,000
268 4295 Street Pavement Restriping Program 126,000 400,000 270 4297 Citywide Traffic Modeling 0 400,000
272 4298 Street Resurfacing Project 2020-21 109,000 4,600,000 274 4303 Street Resurfacing Project 2021-22 14,280,000 4,300,000 276 4304 Street Resurfacing Project 2022-23 3,580,000 4,000,000 278 4306 Bike and Pedestrian Outreach 64,000 129,000
Total $32,193,000 $68,625,458
Pg. No. Project Name Uncommitted Balance
as of 3/31/2023
Approved Funding as of
3/31/2023
Capital Improvement Program Summary
42 City of Milpitas
219
Item # 14.
Projects Funded in Prior Years
Water Improvement Projects
300 2002 2nd SCVWD Water Reservoir & Pump Station 199,000 200,000 302 2009 SCVWD Second Water Supply Turnout 99,000 100,000 304 2019 (Rmb) Metro Recycled Water Distribution 500,000 500,391 306 2020 SCVWD Zone 1 Pressure Red. Valve 100,000 100,000 308 7076 Well Upgrade Project 6,797,000 14,490,000
310 7100 Aging Water System/Seismic Improvements 3,914,000 4,887,951 312 7110 Hydrant Replacement Program 2,000 566,360
314 7112 Reservoir Cleaning Program 60,000 190,000
316 7117 Abel Street Pipeline Extension 895,000 940,000 318 7118 Dempsey Road Water Line Replacement 6,600,000 7,857,772 320 7121 Automated Meter Replacement Program 729,000 14,047,700 322 7125 BART Project - Water Improvements 683,000 2,503,920 324 7126 Water Conservation Program 177,000 1,560,000
326 7127 Water Supervisory Control & Data Acquisition 0 6,516,600 328 7133 Minor Water Projects 581,000 1,340,000
330 7135 Water Leak Detection & Condition Assessment Program 436,000 631,474 332 7136 Water Master Plan Update 0 650,000
334 7137 On-Call Water Maintenance & Repair Services 172,000 875,000 Total $21,944,000 $57,957,168
Pg. No. Project Name Uncommitted Balance
as of 3/31/2023
Approved Funding as of
3/31/2023
Capital Improvement Program Summary
City of Milpitas 43
220
Item # 14.
Projects Funded in Prior Years
Sewer Improvement Projects
362 6118 SJ/SC Regional Waste Water Facility 1,863,000 87,012,245 364 6121 BART Project - Sewer Improvements 13,000 243,323 366 6124 Sewer Pump Station Rehabilitation Program 137,000 552,000 368 6126 Minor Sewer Projects 123,000 213,000
370 6127 Sanitary Supervisory Control & Data Acquisition 0 316,600 372 6130 Main Lift Station Odor Emissions Control 613,000 2,450,000 374 6131 Sanitary Sewer Cathodic Protection Imprv. 2,049,000 2,625,000 376 6132 Sewer Master Plan Update 0 750,000
378 6134 On-Call Sewer Maintenance & Repair Services 0 165,000 Total $4,798,000 $94,327,168
Pg. No. Project Name Uncommitted Balance
as of 3/31/2023
Approved Funding as of
3/31/2023
Storm Drain Improvement Projects
394 3700 Wrigley-Ford Creek Rehabilitation 192,000 1,190,000 396 3709 Dempsey Road Storm Drain Replacement 1,429,000 1,660,000 398 3711 BART Project - Storm Improvements 33,000 33,000 400 3714 Flap Gate Replacement 71,000 100,000
402 3715 Storm Drain System Rehabilitation 99,000 1,058,410 404 3718 Storm Supervisory Control & Data Acquisition 0 2,416,590 406 3719 On-Call Storm Maintenance & Repair Services 34,000 145,000 Total $1,858,000 $6,603,000
Pg. No. Project Name Uncommitted Balance
as of 3/31/2023
Approved Funding as of
3/31/2023
Capital Improvement Program Summary
44 City of Milpitas
221
Item # 14.
Projects to be Closed as of June 30, 2023
Project Reason to Close
Community Improvement Projects Reason to Close
2006 Milpitas Metro Specific Plan Update (TASP) Completed 3421 Replacement Fire Station Alert System Completed
3486 Facilities Water Fixtures Retrofit Project Completed 3487 Citywide LED Lighting Upgrade Project Completed
3495 Safe Facilities Improvements Completed
Park Improvements Projects Reason to Close
5114 MSC Master Plan Update Completed
Street Projects Reason to Close
2022 Feasibility of POCs at VTA Light Rail Platforms Completed 3448 Trail, Bicycle, Pedestrian Master Plan Update Completed 4179 Montague Expwy Widening at Great Mall Pkwy Completed 4298 Street Resurfacing Project 2020-21 Completed
Water Projects Reason to Close
7117 Abel Street Pipeline Extension Reallocated
Plan Los Coches Backbone Closure
Sewer Projects
6131 Sanitary Sewer Cathodic Protection Imprv. Reallocated 6132 Sewer Master Plan Update Completed
Storm Drain Projects Projects
3700 Wrigley-Ford Creek Rehabilitation Completed
Capital Improvement Program Summary
City of Milpitas 45
222
Item # 14.
Capital Improvement Program Summary
46 City of Milpitas
223
Item # 14.
COMMUNITY
IMPROVEMENT
PROJECTS
Community Improvement Projects
City of Milpitas 47
224
Item # 14.
66 2006 Milpitas Metro Specific Plan
Update (TASP) 1,526,250 0 0 0 0 0 1,526,250
68 2010 Land/Right-of-Way Value
Determination 29,000 8,000 8,000 8,000 8,000 8,000 69,000 70 2011 Metro Area Police Substation 310,000 0 0 0 690,000 0 1,000,000 72 3403 Fire Station Improvements 1,750,000 500,000 250,000 150,000 150,000 150,000 2,950,000 74 3406 City Building Improvements 4,115,000 730,000 500,000 500,000 500,000 500,000 6,845,000 76 3414 City Buildings Exterior Painting &
Repairs 600,000 0 0 0 0 0 600,000
78 3415 PD Communications 3,155,000 0 0 0 0 0 3,155,000 80 3418 City Std. Details, Guidelines, &
Specifications 400,000 0 0 0 0 0 400,000
82 3421 Replacement Fire Station Alert
System 345,000 0 0 0 0 0 345,000
84 3422 City Buildings Roofing Repairs 900,000 350,000 1,500,000 150,000 150,000 150,000 3,200,000 86 3423 Police Records Management
System 1,099,721 0 0 0 0 0 1,099,721
88 3427 Technology Projects 1,800,000 115,000 65,000 0 0 0 1,980,000 90 3434 Permitting Technology
Improvement 550,000 0 0 0 0 0 550,000
92 3435 Finance System Upgrade 1,250,000 0 0 0 0 0 1,250,000 94 3436 ADA Compliance Review 331,158 0 0 0 0 0 331,158 96 3437 Milpitas Gateway - Main Street
Specific Plan Update 1,100,000 0 0 0 0 0 1,100,000
98 3438 Annual Tree Replacement
Program 544,000 0 0 100,000 100,000 100,000 844,000
100 3445 Public Safety/DPW Disaster Plan
Update 250,000 0 0 0 0 0 250,000
102 3447 Fire Station No. 2 Replacement 14,320,000 0 0 0 0 0 14,320,000 104 3452 (Rmb) SCVWD Creek Projects 1,750,000 0 0 0 0 0 1,750,000 106 3453 Climate Action Plan Update 350,000 0 0 0 0 0 350,000 108 3459 ALPRs and Security Cameras
Program 515,000 0 0 0 0 0 515,000
110 3460 Comprehensive Zoning Ordinance
Update 1,000,000 0 0 0 0 0 1,000,000
112 3461 Fire Stations Security 200,000 0 0 0 0 0 200,000 114 3462 On-Call Facilities Maintenance &
Repair Services 1,095,000 400,000 400,000 300,000 300,000 300,000 2,795,000 116 3464 Mobile Emergency Operations
Center 1,240,000 0 0 0 0 0 1,240,000
118 3465 Fire Station No. 1 Modular
Building 800,000 200,000 0 0 0 0 1,000,000
120 3467 Human Resources Information
System 1,100,000 100,000 350,000 0 0 0 1,550,000
122 3469 Metro Impact Fee Study 150,000 0 0 0 0 0 150,000 124 3486 Facilities Water Fixtures Retrofit
Project 670,000 0 0 0 0 0 670,000
126 3487 Citywide LED Lighting Upgrade
Project 6,872,425 0 0 0 0 0 6,872,425
2024-28 Summary of Estimated Costs
Pg. No. Project Name Prior Year FY
2023-24
FY
2024-25
FY
2025-26
FY
2026-27
FY
2027-28 Total Cost
Community Improvement Projects
48 City of Milpitas
225
Item # 14.
128 3488 Community and Senior Center
Energy Resilience Project 5,107,597 0 0 0 0 0 5,107,597 130 3489 Public Art Program 566,000 50,000 50,000 50,000 50,000 50,000 816,000 132 3490 Capital Improvement Program
Administration 1,105,000 720,000 720,000 720,000 720,000 720,000 4,705,000 134 3493 Milpitas SMART 1,355,916 0 0 0 0 0 1,355,916
136 3495 Safe Facilities Improvements 575,000 0 0 0 0 0 575,000 138 3496 GIS Development and Data
Collection 350,000 142,000 150,000 150,000 150,000 150,000 1,092,000 140 3497 Public Safety Mobile Computer
Terminals 360,000 250,000 0 0 0 0 610,000
142 3499 HVAC System Repairs and
Upgrades 620,000 0 900,000 0 0 0 1,520,000
144 3503 Historic Resource Master Plan
Update 200,000 0 0 0 0 0 200,000
146 3716 City Parking Lot Rehabilitation
Program 490,000 0 0 100,000 100,000 100,000 790,000
148 New Council Chamber AV System
Replacement 0 800,000 0 0 0 0 800,000
150 New Financial System Enterprise
Resource Planning 0 1,850,000 900,000 550,000 0 0 3,300,000 152 New Median Conversion Project 0 300,000 300,000 300,000 300,000 300,000 1,500,000 154 New Watershed Analysis 0 180,000 0 0 0 0 180,000
156 New City Attorney Office 0 450,000 0 0 0 0 450,000
158 New Gateway Signage 0 250,000 0 150,000 0 0 400,000 Total Cost $60,847,067 $7,395,000 $6,093,000 $3,228,000 $3,218,000 $2,528,000 $83,309,067 Funding Summary
General Fund 2,400,000 0 0 0 0
General Government CIP Fund 4,039,000 2,400,000 50,000 0 0 Grants/Reimb./Developer Fees 250,000 0 0 0 0
Information Technology Replacement 0 300,000 0 0 0
Public Art Fund 50,000 50,000 50,000 50,000 50,000
Sewer Infrastructure Fund 202,000 0 0 0 0
Sewer Fund 50,000 25,000 250,000 0 0
TASP Impact Fees 152,000 8,000 8,000 698,000 8,000
Water Fund 50,000 25,000 250,000 0 0
Water Capital Surcharge 202,000 0 0 0 0
Total Financing Available 7,395,000 2,808,000 608,000 748,000 58,000 No Funding Source 0 3,285,000 2,620,000 2,470,000 2,470,000 Total $7,395,000 $6,093,000 $3,228,000 $3,218,000 $2,528,000 2024-28 Summary of Estimated Costs
Pg. No. Project Name Prior Year FY
2023-24
FY
2024-25
FY
2025-26
FY
2026-27
FY
2027-28 Total Cost
Community Improvement Projects
City of Milpitas 49
226
Item # 14.
Summary of Project Funding Sources FY 2023-24
Pg. No. Project Name General
Fund
General Government
CIP Fund
Grants/Reimb./
Developer Fees
66 2006 Milpitas Metro Specific Plan Update (TASP) 0 0 0 68 2010 Land/Right-of-Way Value Determination 0 0 0
70 2011 Metro Area Police Substation 0 0 0
72 3403 Fire Station Improvements 0 500,000 0
74 3406 City Building Improvements 0 730,000 0
76 3414 City Buildings Exterior Painting & Repairs 0 0 0 78 3415 PD Communications 0 0 0
80 3418 City Std. Details, Guidelines, & Specifications 0 0 0 82 3421 Replacement Fire Station Alert System 0 0 0
84 3422 City Buildings Roofing Repairs 0 350,000 0
86 3423 Police Records Management System 0 0 0
88 3427 Technology Projects 0 115,000 0
90 3434 Permitting Technology Improvement 0 0 0
92 3435 Finance System Upgrade 0 0 0
94 3436 ADA Compliance Review 0 0 0
96 3437 Milpitas Gateway - Main Street Specific Plan Update 0 0 0 98 3438 Annual Tree Replacement Program 0 0 0
100 3445 Public Safety/DPW Disaster Plan Update 0 0 0
102 3447 Fire Station No. 2 Replacement 0 0 0
104 3452 (Rmb) SCVWD Creek Projects 0 0 0
106 3453 Climate Action Plan Update 0 0 0
108 3459 ALPRs and Security Cameras Program 0 0 0
110 3460 Comprehensive Zoning Ordinance Update 0 0 0
112 3461 Fire Stations Security 0 0 0
114 3462 On-Call Facilities Maintenance & Repair Services 0 400,000 0 116 3464 Mobile Emergency Operations Center 0 0 0
118 3465 Fire Station No. 1 Modular Building 0 200,000 0 120 3467 Human Resources Information System 0 0 0
122 3469 Metro Impact Fee Study 0 0 0
124 3486 Facilities Water Fixtures Retrofit Project 0 0 0 126 3487 Citywide LED Lighting Upgrade Project 0 0 0
128 3488 Community and Senior Center Energy Resilience Project 0 0 0 130 3489 Public Art Program 0 0 0
132 3490 Capital Improvement Program Administration 0 252,000 0 134 3493 Milpitas SMART 0 0 0
136 3495 Safe Facilities Improvements 0 0 0
Community Improvement Projects
50 City of Milpitas
227
Item # 14.
Summary of Project Funding Sources FY 2023-24
Public Art Fund Sewer
Infrastructure Fund Sewer Fund TASP Impact Fees Water Fund Water Capital Surcharge
0 0 0 0 0 0
0 0 0 8,000 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 50,000 0 50,000 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
50,000 0 0 0 0 0
0 162,000 0 144,000 0 162,000
0 0 0 0 0 0
0 0 0 0 0 0
— Continue to next page —
Community Improvement Projects
City of Milpitas 51
228
Item # 14.
Summary of Project Funding Sources FY 2023-24
Pg. No. Project Name General
Fund
General Government
CIP Fund
Grants/Reimb./
Developer Fees
136 3495 Safe Facilities Improvements 0 0 0
138 3496 GIS Development and Data Collection 0 62,000 0 140 3497 Public Safety Mobile Computer Terminals 0 250,000 0 142 3499 HVAC System Repairs and Upgrades 0 0 0
144 3503 Historic Resource Master Plan Update 0 0 0
146 3716 City Parking Lot Rehabilitation Program 0 0 0
148 New Council Chamber AV System Replacement 800,000 0 0 150 New Financial System Enterprise Resource Planning 1,600,000 250,000 0 152 New Median Conversion Project 0 300,000 0
154 New Watershed Analysis 0 180,000 0
156 New City Attorney Office 0 450,000 0
158 New Gateway Signage 0 0 250,000
Subtotal by Funding Source 2,400,000 4,039,000 250,000
Total $7,395,000
Community Improvement Projects
52 City of Milpitas
229
Item # 14.
Summary of Project Funding Sources FY 2023-24
Public Art Fund Sewer
Infrastructure Fund Sewer Fund TASP Impact Fees Water Fund Water Capital Surcharge
0 0 0 0 0 0
0 40,000 0 0 0 40,000
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
50,000 202,000 50,000 152,000 50,000 202,000
Community Improvement Projects
City of Milpitas 53
230
Item # 14.
Summary of Project Funding Sources FY 2024-25
66 2006 Milpitas Metro Specific Plan Update (TASP) 0 0
68 2010 Land/Right-of-Way Value Determination 0 0
70 2011 Metro Area Police Substation 0 0
72 3403 Fire Station Improvements 0 0
74 3406 City Building Improvements 0 0
76 3414 City Buildings Exterior Painting & Repairs 0 0
78 3415 PD Communications 0 0
80 3418 City Std. Details, Guidelines, & Specifications 0 0 82 3421 Replacement Fire Station Alert System 0 0
84 3422 City Buildings Roofing Repairs 1,500,000 0
86 3423 Police Records Management System 0 0
88 3427 Technology Projects 0 0
90 3434 Permitting Technology Improvement 0 0
92 3435 Finance System Upgrade 0 0
94 3436 ADA Compliance Review 0 0
96 3437 Milpitas Gateway - Main Street Specific Plan Update 0 0 98 3438 Annual Tree Replacement Program 0 0
100 3445 Public Safety/DPW Disaster Plan Update 0 0
102 3447 Fire Station No. 2 Replacement 0 0
104 3452 (Rmb) SCVWD Creek Projects 0 0
106 3453 Climate Action Plan Update 0 0
108 3459 ALPRs and Security Cameras Program 0 0
110 3460 Comprehensive Zoning Ordinance Update 0 0
112 3461 Fire Stations Security 0 0
114 3462 On-Call Facilities Maintenance & Repair Services 0 0 116 3464 Mobile Emergency Operations Center 0 0
118 3465 Fire Station No. 1 Modular Building 0 0
120 3467 Human Resources Information System 0 300,000
122 3469 Metro Impact Fee Study 0 0
124 3486 Facilities Water Fixtures Retrofit Project 0 0 126 3487 Citywide LED Lighting Upgrade Project 0 0
128 3488 Community and Senior Center Energy Resilience Project 0 0 130 3489 Public Art Program 0 0
132 3490 Capital Improvement Program Administration 0 0 134 3493 Milpitas SMART 0 0
136 3495 Safe Facilities Improvements 0 0
Pg. No. Project Name General Government CIP
Fund
Information Technology
Replacement
Community Improvement Projects
54 City of Milpitas
231
Item # 14.
Summary of Project Funding Sources FY 2024-25
0 0 0 0 0
0 0 8,000 0 0
0 0 0 0 0
0 0 0 0 250,000
0 0 0 0 500,000
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 65,000
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 400,000
0 0 0 0 0
0 0 0 0 0
0 25,000 0 25,000 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
50,000 0 0 0 0
0 0 0 0 720,000
0 0 0 0 0
0 0 0 0 0
Public Art Fund Sewer Fund TASP Impact Fees Water Fund No Funding Source — Continue to next page —
Community Improvement Projects
City of Milpitas 55
232
Item # 14.
Summary of Project Funding Sources FY 2024-25
138 3496 GIS Development and Data Collection 0 0
140 3497 Public Safety Mobile Computer Terminals 0 0
142 3499 HVAC System Repairs and Upgrades 0 0
144 3503 Historic Resource Master Plan Update 0 0
146 3716 City Parking Lot Rehabilitation Program 0 0
148 New Council Chamber AV System Replacement 0 0
150 New Financial System Enterprise Resource Planning 900,000 0 152 New Median Conversion Project 0 0
154 New Watershed Analysis 0 0
156 New City Attorney Office 0 0
158 New Gateway Signage 0 0
Subtotal by Funding Source 2,400,000 300,000
Pg. No. Project Name General Government CIP
Fund
Information Technology
Replacement
Total $6,093,000
Community Improvement Projects
56 City of Milpitas
233
Item # 14.
Summary of Project Funding Sources FY 2024-25
0 0 0 0 150,000
0 0 0 0 0
0 0 0 0 900,000
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 300,000
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
50,000 25,000 8,000 25,000 3,285,000
Public Art Fund Sewer Fund TASP Impact Fees Water Fund No Funding Source Community Improvement Projects
City of Milpitas 57
234
Item # 14.
Summary of Project Funding Sources FY 2025-26
66 2006 Milpitas Metro Specific Plan Update (TASP) 0 0
68 2010 Land/Right-of-Way Value Determination 0 0
70 2011 Metro Area Police Substation 0 0
72 3403 Fire Station Improvements 0 0
74 3406 City Building Improvements 0 0
76 3414 City Buildings Exterior Painting & Repairs 0 0
78 3415 PD Communications 0 0
80 3418 City Std. Details, Guidelines, & Specifications 0 0 82 3421 Replacement Fire Station Alert System 0 0
84 3422 City Buildings Roofing Repairs 0 0
86 3423 Police Records Management System 0 0
88 3427 Technology Projects 0 0
90 3434 Permitting Technology Improvement 0 0
92 3435 Finance System Upgrade 0 0
94 3436 ADA Compliance Review 0 0
96 3437 Milpitas Gateway - Main Street Specific Plan Update 0 0 98 3438 Annual Tree Replacement Program 0 0
100 3445 Public Safety/DPW Disaster Plan Update 0 0
102 3447 Fire Station No. 2 Replacement 0 0
104 3452 (Rmb) SCVWD Creek Projects 0 0
106 3453 Climate Action Plan Update 0 0
108 3459 ALPRs and Security Cameras Program 0 0
110 3460 Comprehensive Zoning Ordinance Update 0 0
112 3461 Fire Stations Security 0 0
114 3462 On-Call Facilities Maintenance & Repair Services 0 0 116 3464 Mobile Emergency Operations Center 0 0
118 3465 Fire Station No. 1 Modular Building 0 0
120 3467 Human Resources Information System 0 0
122 3469 Metro Impact Fee Study 0 0
124 3486 Facilities Water Fixtures Retrofit Project 0 0 126 3487 Citywide LED Lighting Upgrade Project 0 0
128 3488 Community and Senior Center Energy Resilience Project 0 0 130 3489 Public Art Program 0 50,000
132 3490 Capital Improvement Program Administration 0 0 134 3493 Milpitas SMART 0 0
136 3495 Safe Facilities Improvements 0 0
Pg. No. Project Name General Government
CIP Fund Public Art Fund
Community Improvement Projects
58 City of Milpitas
235
Item # 14.
Summary of Project Funding Sources FY 2025-26
0 0 0 0
0 8,000 0 0
0 0 0 0
0 0 0 150,000
0 0 0 500,000
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 150,000
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 100,000
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 300,000
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 720,000
0 0 0 0
0 0 0 0
Sewer Fund TASP Impact Fees Water Fund No Funding Source — Continue to next page —
Community Improvement Projects
City of Milpitas 59
236
Item # 14.
Summary of Project Funding Sources FY 2025-26
138 3496 GIS Development and Data Collection 0 0
140 3497 Public Safety Mobile Computer Terminals 0 0
142 3499 HVAC System Repairs and Upgrades 0 0
144 3503 Historic Resource Master Plan Update 0 0
146 3716 City Parking Lot Rehabilitation Program 0 0
148 New Council Chamber AV System Replacement 0 0
150 New Financial System Enterprise Resource Planning 50,000 0 152 New Median Conversion Project 0 0
154 New Watershed Analysis 0 0
156 New City Attorney Office 0 0
158 New Gateway Signage 0 0
Subtotal by Funding Source 50,000 50,000
Pg. No. Project Name General Government
CIP Fund Public Art Fund
Total $3,228,000
Community Improvement Projects
60 City of Milpitas
237
Item # 14.
Summary of Project Funding Sources FY 2025-26
0 0 0 150,000
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 100,000
0 0 0 0
250,000 0 250,000 0
0 0 0 300,000
0 0 0 0
0 0 0 0
0 0 0 150,000
250,000 8,000 250,000 2,620,000
Sewer Fund TASP Impact Fees Water Fund No Funding Source Community Improvement Projects
City of Milpitas 61
238
Item # 14.
Summary of Project Funding Sources FY 2026-27
66 2006 Milpitas Metro Specific Plan Update (TASP) 0 0 0 68 2010 Land/Right-of-Way Value Determination 0 8,000 0 70 2011 Metro Area Police Substation 0 690,000 0
72 3403 Fire Station Improvements 0 0 150,000
74 3406 City Building Improvements 0 0 500,000
76 3414 City Buildings Exterior Painting & Repairs 0 0 0 78 3415 PD Communications 0 0 0
80 3418 City Std. Details, Guidelines, & Specifications 0 0 0 82 3421 Replacement Fire Station Alert System 0 0 0
84 3422 City Buildings Roofing Repairs 0 0 150,000
86 3423 Police Records Management System 0 0 0
88 3427 Technology Projects 0 0 0
90 3434 Permitting Technology Improvement 0 0 0
92 3435 Finance System Upgrade 0 0 0
94 3436 ADA Compliance Review 0 0 0
96 3437 Milpitas Gateway - Main Street Specific Plan Update 0 0 0 98 3438 Annual Tree Replacement Program 0 0 100,000
100 3445 Public Safety/DPW Disaster Plan Update 0 0 0
102 3447 Fire Station No. 2 Replacement 0 0 0
104 3452 (Rmb) SCVWD Creek Projects 0 0 0
106 3453 Climate Action Plan Update 0 0 0
108 3459 ALPRs and Security Cameras Program 0 0 0
110 3460 Comprehensive Zoning Ordinance Update 0 0 0
112 3461 Fire Stations Security 0 0 0
114 3462 On-Call Facilities Maintenance & Repair Services 0 0 300,000 116 3464 Mobile Emergency Operations Center 0 0 0
118 3465 Fire Station No. 1 Modular Building 0 0 0
120 3467 Human Resources Information System 0 0 0
122 3469 Metro Impact Fee Study 0 0 0
124 3486 Facilities Water Fixtures Retrofit Project 0 0 0 126 3487 Citywide LED Lighting Upgrade Project 0 0 0
128 3488 Community and Senior Center Energy Resilience Project 0 0 0 130 3489 Public Art Program 50,000 0 0
132 3490 Capital Improvement Program Administration 0 0 720,000 134 3493 Milpitas SMART 0 0 0
136 3495 Safe Facilities Improvements 0 0 0
Pg. No. Project Name Public Art Fund TASP Impact
Fees
No Funding
Source
Community Improvement Projects
62 City of Milpitas
239
Item # 14.
Summary of Project Funding Sources FY 2026-27
Pg. No. Project Name Public Art Fund TASP Impact
Fees
No Funding
Source
138 3496 GIS Development and Data Collection 0 0 150,000 140 3497 Public Safety Mobile Computer Terminals 0 0 0
142 3499 HVAC System Repairs and Upgrades 0 0 0
144 3503 Historic Resource Master Plan Update 0 0 0
146 3716 City Parking Lot Rehabilitation Program 0 0 100,000 148 New Council Chamber AV System Replacement 0 0 0
150 New Financial System Enterprise Resource Planning 0 0 0 152 New Median Conversion Project 0 0 300,000
154 New Watershed Analysis 0 0 0
156 New City Attorney Office 0 0 0
158 New Gateway Signage 0 0 0
Subtotal by Funding Source 50,000 698,000 2,470,000
Total $3,218,000
Community Improvement Projects
City of Milpitas 63
240
Item # 14.
Summary of Project Funding Sources FY 2027-28
66 2006 Milpitas Metro Specific Plan Update (TASP) 0 0 0 68 2010 Land/Right-of-Way Value Determination 0 8,000 0 70 2011 Metro Area Police Substation 0 0 0
72 3403 Fire Station Improvements 0 0 150,000
74 3406 City Building Improvements 0 0 500,000
76 3414 City Buildings Exterior Painting & Repairs 0 0 0 78 3415 PD Communications 0 0 0
80 3418 City Std. Details, Guidelines, & Specifications 0 0 0 82 3421 Replacement Fire Station Alert System 0 0 0
84 3422 City Buildings Roofing Repairs 0 0 150,000
86 3423 Police Records Management System 0 0 0
88 3427 Technology Projects 0 0 0
90 3434 Permitting Technology Improvement 0 0 0
92 3435 Finance System Upgrade 0 0 0
94 3436 ADA Compliance Review 0 0 0
96 3437 Milpitas Gateway - Main Street Specific Plan Update 0 0 0 98 3438 Annual Tree Replacement Program 0 0 100,000
100 3445 Public Safety/DPW Disaster Plan Update 0 0 0
102 3447 Fire Station No. 2 Replacement 0 0 0
104 3452 (Rmb) SCVWD Creek Projects 0 0 0
106 3453 Climate Action Plan Update 0 0 0
108 3459 ALPRs and Security Cameras Program 0 0 0
110 3460 Comprehensive Zoning Ordinance Update 0 0 0
112 3461 Fire Stations Security 0 0 0
114 3462 On-Call Facilities Maintenance & Repair Services 0 0 300,000 116 3464 Mobile Emergency Operations Center 0 0 0
118 3465 Fire Station No. 1 Modular Building 0 0 0
120 3467 Human Resources Information System 0 0 0
122 3469 Metro Impact Fee Study 0 0 0
124 3486 Facilities Water Fixtures Retrofit Project 0 0 0 126 3487 Citywide LED Lighting Upgrade Project 0 0 0
128 3488 Community and Senior Center Energy Resilience Project 0 0 0 130 3489 Public Art Program 50,000 0 0
132 3490 Capital Improvement Program Administration 0 0 720,000 134 3493 Milpitas SMART 0 0 0
136 3495 Safe Facilities Improvements 0 0 0
Pg. No. Project Name Public Art Fund TASP Impact
Fees
No Funding
Source
Community Improvement Projects
64 City of Milpitas
241
Item # 14.
Summary of Project Funding Sources FY 2027-28
138 3496 GIS Development and Data Collection 0 0 150,000 140 3497 Public Safety Mobile Computer Terminals 0 0 0
142 3499 HVAC System Repairs and Upgrades 0 0 0
144 3503 Historic Resource Master Plan Update 0 0 0
146 3716 City Parking Lot Rehabilitation Program 0 0 100,000 148 New Council Chamber AV System Replacement 0 0 0
150 New Financial System Enterprise Resource Planning 0 0 0 152 New Median Conversion Project 0 0 300,000
154 New Watershed Analysis 0 0 0
156 New City Attorney Office 0 0 0
158 New Gateway Signage 0 0 0
Subtotal by Funding Source 50,000 8,000 2,470,000
Pg. No. Project Name Public Art Fund TASP Impact
Fees
No Funding
Source
Total $2,528,000
Community Improvement Projects
City of Milpitas 65
242
Item # 14.
PROJECT NO.
Milpitas Metro Specific Plan
Update (TASP)
2006
Category: Community Improvement
City Council Priority: Economic Development and
Growth
Project Location: Milpitas Metro Specific Plan
Managing Department: Planning
Contact Person: Ned Thomas [3273]/
Jay Lee [3077]
Project Stage: Adopted
Estimated Schedule
Design: Completed
Construction: —
Recurring Project: No
Description
The Transit Area Specific Plan (TASP) was approved in 2008. Since that time, the City Council has approved minor amendments to TASP focused primarily on individual properties, but a comprehensive evaluation of the plan and the effectiveness of its implementation has not occurred. Approximately 95% of the housing planned and cleared under CEQA for the area have been entitled or constructed. Approximately 50% of retail uses and none of the office have been developed. For this update, the City will evaluate development projects proposed, entitled, or constructed; processes and regulations for development; possible changes to boundaries, density ranges, and land uses shown on the land use diagram; and remaining development capacity. This project will include an update to the TASP EIR to provide environmental clearance for additional residential and commercial development.
Notes
The current TASP EIR provides environmental clearance for 7,109 residential units, and nearly 7,000 units are entitled, under construction, or completed. The TASP EIR needs to be updated to provide for additional capacity and be renamed to "Milpitas Metro Specific Plan Updated". In addition, the update will include needed changes to the land use diagram, potential boundary changes, and changes in residential densities and land uses where appropriate and feasible. The update will also address needed changes to administrative and development regulations for clarity, any deficiencies or needs related to infrastructure planned for the area, and to improve the development review process. The city hired a consultant planner to serve as TASP Update Manager. The Metro Specific Plan Update was approved by Planning Commission on 12/14/2022 and adopted by City Council on 2/7/2023. (TASP ID: DB#44)
Community Improvement Projects
66 City of Milpitas
243
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Milpitas Metro Specific Plan Update (TASP)
Project No. 2006
$55,000 7/1/2016
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 1,076,250 0 0 0 0 0 1,076,250
Administration 25,000 0 0 0 0 0 25,000
Others 425,000 0 0 0 0 0 425,000
TOTAL $1,526,250 $0 $0 $0 $0 $0 $1,526,250
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total TASP Impact Fees 1,526,250 0 0 0 0 0 1,526,250
TOTAL $1,526,250 $0 $0 $0 $0 $0 $1,526,250
Finance Notes
City Council 4/6/2021 - Budget Appropriation of $426,250 from TASP Impact Fee Fund.
Operating Impact Notes
This project is anticipated to impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Close at the end of Fiscal Year: June 30, 2023
Community Improvement Projects
City of Milpitas 67
244
Item # 14.
PROJECT NO.
Land/Right-of-Way Value
Determination
2010
Category: Community Improvement
City Council Priority: Economic Development and
Growth
Project Location: Milpitas Metro Specific Plan
Managing Department: Engineering
Contact Person: Steve Chan [3324]/
Roberto Alonzo [3316]
Project Stage: Planning
Estimated Schedule
Design: Spring 2023
Construction: —
Recurring Project: Yes
Description
This project provides for the annual evaluation and determination of land and right-of-way fair market values within the City for the purpose of updating development fee calculations such as the park-in-lieu fee.
Notes
Fair market land values are evaluated annually as recommended in Section 1 of the 2014 Transit Area Development Impact Fee Update. Evaluation is typically completed annually by June. (TASP ID #45) Community Improvement Projects
68 City of Milpitas
245
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Land/Right-of-Way Value Determination
Project No. 2010
$2,500 7/1/2019
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 24,000 8,000 8,000 8,000 8,000 8,000 64,000
Administration 5,000 0 0 0 0 0 5,000
TOTAL $29,000 $8,000 $8,000 $8,000 $8,000 $8,000 $69,000 Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total TASP Impact Fees 29,000 8,000 8,000 8,000 8,000 8,000 69,000 TOTAL $29,000 $8,000 $8,000 $8,000 $8,000 $8,000 $69,000 Finance Notes
Operating Impact Notes
There are no operating or maintenance expenses associated with this project.
Community Improvement Projects
City of Milpitas 69
246
Item # 14.
PROJECT NO.
Metro Area Police
Substation
2011
Category: Community Improvement
City Council Priority: Public Safety
Project Location: Milpitas Metro Specific Plan
Managing Department: Police/Engineering
Contact Person: Frank Morales [2521]/
Michael Silveira [3303]
Project Stage: Planning
Estimated Schedule
Design: 2023
Construction: TBD
Recurring Project: No
Description
This project provides for tenant improvements and equipment to construct a new police substation within the Milpitas Gateway - Main Street and Metro Specific Plan areas. The substation will maintain police response times and presence due to anticipated increased call volume from the new Metro residential developments, entertainment zone, and the Milpitas Transit Station and future increased traffic congestion.
Notes
Police Department is continuing to evaluate potential locations within the Milpitas Gateway - Main Street and Metro Specific Plan areas. The estimated project budget is based on tenant improvements for a 1,500 sq.ft. commercial space and will be adjusted once the location is determined. Engineering to obtain a consultant to conduct a feasibility study of converting the building(s) on City-owned parcels at 1452-1488 Main Street. The Community Improvement Projects
70 City of Milpitas
247
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Metro Area Police Substation
Project No. 2011
$208,000 7/1/2019
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 300,000 0 0 0 0 0 300,000
Administration 10,000 0 0 0 90,000 0 100,000
Improvements 0 0 0 0 600,000 0 600,000
TOTAL $310,000 $0 $0 $0 $690,000 $0 $1,000,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total TASP Impact Fees 310,000 0 0 0 690,000 0 1,000,000
TOTAL $310,000 $0 $0 $0 $690,000 $0 $1,000,000
Finance Notes
Operating Impact Notes
This project is anticipated to impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Community Improvement Projects
City of Milpitas 71
248
Item # 14.
PROJECT NO.
Fire Station Improvements 3403
Category: Community Improvement
City Council Priority: Public Safety
Project Location: Fire Stations
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Samu Tiumalu [2648]
Project Stage: Construction
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: Yes
Description
This project provides for the assessment, design, and construction of minor improvements at all Fire Stations including Training Tower at FS1. Work may include renovation, repairs, or replacement of apparatus bays, electrical, mechanical, and plumbing systems, equipment, emergency power generator systems, flooring, furnishings, kitchen, interior and exterior painting, living quarters, parking lot, restroom and shower facilities, roofing, signage, security systems, sprinkler system, watch room, and other building and site related improvements. All work will be performed on a priority and funding availability basis.
Notes
In FY2022-23, Public Works completed the installation of "No Smoke" systems for all fire engines and trucks. Workplan in FY2022-23 is to design and construct the restroom improvements at FS4 and women living quarters at FS3 and 4 and continue upgrades and repairs to the training tower at FS1.
Funding request in FY2023-24 is for the replacement of overhead door operators at the apparatus bays of FS1, 3, and 4. Planned funding request in FY2024-25 is for the installation of security gates and fencing at FS4 based on the Security Risk Assessment which is anticipated to be completed in 2024. This project is only partially funded.
Community Improvement Projects
72 City of Milpitas
249
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Fire Station Improvements
Project No. 3403
$594,000 7/1/2011
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 115,000 50,000 25,000 25,000 25,000 25,000 265,000 Administration 100,000 0 0 0 0 0 100,000
Inspection 85,000 0 0 0 0 0 85,000
Improvements 1,450,000 450,000 225,000 125,000 125,000 125,000 2,500,000 TOTAL $1,750,000 $500,000 $250,000 $150,000 $150,000 $150,000 $2,950,000 Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
1,050,000 500,000 0 0 0 0 1,550,000
Transient
Occupancy Tax
(TOT)
700,000 0 0 0 0 0 700,000
No Funding Source 0 0 250,000 150,000 150,000 150,000 700,000 TOTAL $1,750,000 $500,000 $250,000 $150,000 $150,000 $150,000 $2,950,000 Finance Notes
City Council 6/4/2020 - $520K in prior years funding from the General Government CIP Fund was defunded to address the projected shortfalls in the General Fund.
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Community Improvement Projects
City of Milpitas 73
250
Item # 14.
PROJECT NO.
City Building Improvements 3406
Category: Community Improvement
City Council Priority: Governance and
Administration
Project Location: City Facilities
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Samu Tiumalu [2648]
Project Stage: Construction
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: Yes
Description
This project provides for the assessment, design, and construction of improvements at City facilities, including Public Works/Police/IT, Senior Center, Community Center, City Hall, Library and its parking garage, and Sports Center. Work may include renovation, repairs, or replacement of electrical, mechanical, and plumbing systems, pool equipment and systems, equipment, emergency power generator systems, flooring, furnishings, fountain, kitchen, interior and exterior painting, living quarters, parking lot, restroom and shower facilities, roofing, signage, security systems, sprinkler system, workspaces, and other building and site related improvements. Work will be completed on a priority and funding availability basis.
Notes
In FY2021-22 and FY2022-23, Public Works completed repairs to fire sprinkler system at various City facilities and Fire Stations and ADA access door at MSC; installation of the illuminated exterior signage and boilers at PW/PD building; reconfigured Economic Development and City Clerk department workspaces; and the resurfacing of the dance studio floor at the dance studio floor at the Sports Center and the auditorium floor at the Senior Center. Engineering completed replacement of an soil vapor intrusion mitigation unit at Sal Cracolice building. Workplan in FY2022-23 is to replace the fire alarm panels at various facilities; perform an assessment for the replacement of the alarm system (ADEMCO unit) citywide and upgrades of security measures at PD and Fire facilities; repair auditorium floor at the Community Center; install sound acoustic panels at Sal Cracolice building; design HR office reconfiguration; replacement of desk tabletops at City Hall; and design of the women's and men's locker and shower rooms at the Police Department.
Funding request in FY2023-24 is for the replacement of storefront door and installation of a door badging system at the Community Center; and replacement of the automated gate operators, lockers and high security storage cabinets in the evidence room, and reconfiguration of the report writing room at the Police Department. Planned funding request in FY2024-25 and FY2025-26 is for the replacement of shelving and freezer in the evidence storage room and improvements to entry processing workspace at the Police Department; replacement of ADEMCO system citywide; and upgrades to security measures at PD/PW building. This project is only partially funded.
Community Improvement Projects
74 City of Milpitas
251
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
City Building Improvements
Project No. 3406
$460,000 7/1/2007
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 170,000 0 0 0 0 0 170,000
Administration 65,000 0 0 0 0 0 65,000
Inspection 60,000 0 0 0 0 0 60,000
Improvements 3,420,000 730,000 500,000 500,000 500,000 500,000 6,150,000 Equipment 400,000 0 0 0 0 0 400,000
TOTAL $4,115,000 $730,000 $500,000 $500,000 $500,000 $500,000 $6,845,000 Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
3,965,000 730,000 0 0 0 0 4,695,000
Transient
Occupancy Tax
(TOT)
150,000 0 0 0 0 0 150,000
No Funding Source 0 0 500,000 500,000 500,000 500,000 2,000,000 TOTAL $4,115,000 $730,000 $500,000 $500,000 $500,000 $500,000 $6,845,000 Finance Notes
City Council 11/17/2020 - Budget Appropriation of $670k in prior years funding from General Government CIP Fund was defunded for Facilities Water Features, Project No. 3486.
City Council 9/15/2020 - Budget Amendment returning of $40k from contract to the General Government CIP Fund.
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Community Improvement Projects
City of Milpitas 75
252
Item # 14.
PROJECT NO.
City Buildings Exterior
Painting & Repairs
3414
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: City Facilities
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Samu Tiumalu [2648]
Project Stage: Construction
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: Yes
Description
This project provides for the exterior painting and repairs of City buildings including Public Works/Police, Senior Center, Community Center, City Hall, Library and its parking garage, and Sports Center. Buildings should be painted or sealed approximately every 10 to 15 years to maintain the appearance and prevent damage caused by moisture infiltration.
Notes
In FY2022-23, Public Works completed the painting and waterproofing, and repairs of the exterior stucco on the PW/PD building. Workplan in FY2022-23 is to repair water leaks around the windows of the PW/PD building and paint and waterproof the exterior of the Sports Center.
Community Improvement Projects
76 City of Milpitas
253
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
City Buildings Exterior Painting & Repairs
Project No. 3414
$360,000 7/1/2014
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 50,000 0 0 0 0 0 50,000
Administration 50,000 0 0 0 0 0 50,000
Improvements 500,000 0 0 0 0 0 500,000
TOTAL $600,000 $0 $0 $0 $0 $0 $600,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
600,000 0 0 0 0 0 600,000
TOTAL $600,000 $0 $0 $0 $0 $0 $600,000
Finance Notes
City Council 6/4/2020 - $300K in prior years funding from the General Government CIP Fund was defunded to address the projected shortfalls in the General Fund.
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Community Improvement Projects
City of Milpitas 77
254
Item # 14.
PROJECT NO.
PD Communications 3415
Category: Community Improvement
City Council Priority: Public Safety
Project Location: Fire Stations, Police/Public
Works Facility
Managing Department: Police
Contact Person: Steve Fox [2525]/
Lisa Beaulieu [2434]
Project Stage: Post-Implementation
Estimated Schedule
Design: Completed
Construction: Completed
Recurring Project: No
Description
The project provides for the design and implementation of a public safety radio and data communications network to improve emergency services for Fire, Police, and Public Works departments. Per Federal Communications Commission (FCC) mandate, Santa Clara County and the Cities Managers Association agreed to jointly fund a countywide program for radio interoperability in 2001.
Notes
City Council approved a cooperative purchase and installation of Motorola Solutions dispatch consoles equipment, APX subscriber equipment, and matching Locution Systems Fire Station Alerting System in 2018. The installation of the communication equipment was completed in 2020. Removal and replacement of existing equipment from City and County locations are to be completed by spring 2024.
Community Improvement Projects
78 City of Milpitas
255
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
PD Communications
Project No. 3415
$231,000 7/1/2015
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Administration 48,000 0 0 0 0 0 48,000
Improvements 3,107,000 0 0 0 0 0 3,107,000
TOTAL $3,155,000 $0 $0 $0 $0 $0 $3,155,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
3,155,000 0 0 0 0 0 3,155,000
TOTAL $3,155,000 $0 $0 $0 $0 $0 $3,155,000
Finance Notes
City Council 12/4/2018 - Approved purchase of PD communication equipment including fire station alert system for $2,350,591.
City Council 6/4/2020 - $1.3M in prior years funding from the General Government CIP Fund was defunded to address the projected shortfalls in the General Fund.
Operating Impact
Fund FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 General Fund 19,070 19,070 19,070 0 0
Operating Impact Notes
The operating cost for the PD’s NICE Logger is between $17,449 to $19,067 annually from FY2022-23 to FY2025-26. The cost of the NICE Logger system software maintenance will be incurred by the Police Department operating budget.
Community Improvement Projects
City of Milpitas 79
256
Item # 14.
PROJECT NO.
City Std. Details, Guidelines,
& Specifications
3418
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: Engineering Department
Managing Department: Engineering
Contact Person: Steve Chan [3324]/
Michael Silveira [3303]
Project Stage: Planning
Estimated Schedule
Design: 2026-2027
Construction: —
Recurring Project: No
Description
This project provides for an update to the City’s Engineering Standard Details, Guidelines, and Specifications.
The Engineering guidelines specifies design criteria and specifications in preparing plans for construction of public improvements and infrastructure within the City right-of-way.
Notes
The update is anticipated to start in FY2026-27.
Community Improvement Projects
80 City of Milpitas
257
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
City Std. Details, Guidelines, & Specifications
Project No. 3418
$395,000 7/1/2016
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 350,000 0 0 0 0 0 350,000
Administration 30,000 0 0 0 0 0 30,000
Inspection 20,000 0 0 0 0 0 20,000
TOTAL $400,000 $0 $0 $0 $0 $0 $400,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Permit Automation
Fund 400,000 0 0 0 0 0 400,000
TOTAL $400,000 $0 $0 $0 $0 $0 $400,000
Finance Notes
Operating Impact Notes
There are no operating or maintenance expenses associated with this project.
Community Improvement Projects
City of Milpitas 81
258
Item # 14.
PROJECT NO.
Replacement Fire Station
Alert System
3421
Category: Community Improvement
City Council Priority: Public Safety
Project Location: Fire Stations
Managing Department: Fire
Contact Person: Jason Schoonover [2802]/
Galahad Zamora [2826]
Project Stage: Post-Implementation
Estimated Schedule
Design: Completed
Construction: Completed
Recurring Project: No
Description
This project provides for replacement of the Fire Department emergency dispatch alert system at all fire stations.
The current system has reached the end of its service life and the manufacturer (Zetron) no longer supports the system. Work includes coordination and interface with the City's 911 dispatch center.
Notes
Procurement of Motorola Fire Station Alert System (FSAS) and integration with the Silicon Valley Regional Communications System (SVRCS) was approved by City Council in December 2018. Installation of the FSAS was completed in summer 2020. Installation of the FSAS was completed in the dorm room expansion at Fire Station No. 1 in 2022.
Community Improvement Projects
82 City of Milpitas
259
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Replacement Fire Station Alert System
Project No. 3421
$0 7/1/2016
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Equipment 345,000 0 0 0 0 0 345,000
TOTAL $345,000 $0 $0 $0 $0 $0 $345,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
345,000 0 0 0 0 0 345,000
TOTAL $345,000 $0 $0 $0 $0 $0 $345,000
Finance Notes
City Council 12/4/2018 - approved purchase of FSAS with PD communication equipment.
City Council 2/21/2023 - Mid-Year Budget Appropriation of $48,000 from General Government CIP Fund in prior years was defunded for other projects.
Operating Impact Notes
The annual software licensing and maintenance costs of $43,832 is anticipated to start in FY21-22. The cost of the software maintenance will be incurred by the Fire/Police department operating budget.
Close at the end of Fiscal Year: June 30, 2023
Community Improvement Projects
City of Milpitas 83
260
Item # 14.
PROJECT NO.
City Buildings Roofing
Repairs
3422
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: City Facilities
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Samu Tiumalu [2648]
Project Stage: Construction
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: Yes
Description
This project provides for renovation, replacement, and repairs of the roofs at City buildings including Public Works, Police, Senior Center, Community Center, City Hall, Library, Sports Center, and restrooms at parks. The service life of a typical building roof is approximately 20 years.
Notes
Workplan in FY2022-23 is to perform roof repairs at the Sports Center building. Funding request in FY2023-24 is for the design of roof replacement at the Community Center building and the replacement of the metal roof at the City Library. Planned funding request in FY2024-25 is for the roof replacement at the Community Center building.
This project is only partially funded.
Community Improvement Projects
84 City of Milpitas
261
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
City Buildings Roofing Repairs
Project No. 3422
$648,000 7/1/2015
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Administration 45,000 0 0 20,000 20,000 20,000 105,000
Inspection 45,000 0 0 0 0 0 45,000
Improvements 810,000 200,000 1,500,000 130,000 130,000 130,000 2,900,000 TOTAL $900,000 $350,000 $1,500,000 $150,000 $150,000 $150,000 $3,200,000 Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
900,000 350,000 1,500,000 0 0 0 2,750,000
No Funding Source 0 0 0 150,000 150,000 150,000 450,000 TOTAL $900,000 $350,000 $1,500,000 $150,000 $150,000 $150,000 $3,200,000 Finance Notes
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Community Improvement Projects
City of Milpitas 85
262
Item # 14.
PROJECT NO.
Police Records Management
System
3423
Category: Community Improvement
City Council Priority: Public Safety
Project Location: Police Department
Managing Department: Police
Contact Person: Steve Fox [2525]/
Lisa Beaulieu [2434]
Project Stage: Implementation
Estimated Schedule
Design: Completed
Construction: 2023
Recurring Project: No
Description
This project provides for the replacement of the Police Department's 20-year-old Records Management System (RMS) that has exceeded its useful life. The Police Department is required to maintain a reliable RMS to respond to public information requests, process data for criminal cases, and to meet the California Government Code requirements of preserving information. The existing RMS software by Tiburon is no longer supported by the vendor.
Notes
On 6/15/2021, City Council approved a software license agreement for six years. Implementation of the new RMS system began in summer 2021 and is anticipated to be completed in spring 2023. After system acceptance, final implementation payment will be made upon 3 months of successful reporting submissions which is anticipated in summer 2023.
Community Improvement Projects
86 City of Milpitas
263
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Police Records Management System
Project No. 3423
$280,000 5/20/2014
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Improvements 750,000 0 0 0 0 0 750,000
Equipment 349,721 0 0 0 0 0 349,721
TOTAL $1,099,721 $0 $0 $0 $0 $0 $1,099,721
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General Fund 149,721 0 0 0 0 0 149,721
General
Government CIP
Fund
950,000 0 0 0 0 0 950,000
TOTAL $1,099,721 $0 $0 $0 $0 $0 $1,099,721
Finance Notes
City Council 3/3/2020 - Budget Appropriation of $149,712 from General Fund.
City Council 2/21/2023 - Mid-Year Budget Appropriation of $500k from General Government CIP Fund in prior years was defunded for other projects.
Operating Impact Notes
The total cost of the agreement over the initial six-year period is $1,049,956. Year 1 Payment is $237,576 and Year 2 through Year 6 payment are fixed at $162,476. Year 1 and Year 2 payments for the total of $400,052 will be paid from funds available in this CIP. The annual contractual cost for the subsequent 4 years in the amount of $162,476 will be incorporated in the development of future IT operating budget partially offset through expected maintenance cost savings of the current RMS.
Community Improvement Projects
City of Milpitas 87
264
Item # 14.
PROJECT NO.
Technology Projects 3427
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: City Facilities
Managing Department: Information Technology
Contact Person: Daniel Nam [2706]/
Scott Golden [2712]
Project Stage: Ongoing Planning/
Implementation
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: Yes
Description
This project provides for ongoing technology improvements and modernization of various specialty software applications and hardware. The improvements will support the technology needs for City’s cybersecurity improvement initiatives, mobile workforce support, network infrastructure including City's website, record management systems, and public safety system maintenance and upgrades.
Notes
On 11/15/2022, City Council approved agreement to upgrade the City's website. Workplan in FY2022-23 is for the improvement of the NetMotion Mobility capacity, increase the server capacity to support public safety, and continue procurement of equipment for remote workforce efficiency and cybersecurity improvements.
Funding Request in FY2023-24 is for the replacement of the audio video system at Sports Center, licensing of the server backup system, and replacement of the audio video equipment hardware at Committee Conference Room in City Hall. Planned funding request in FY2024-25 is anticipated for the replacement of the audio video systems at Senior Center and Community Center.
Community Improvement Projects
88 City of Milpitas
265
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Technology Projects
Project No. 3427
$268,000 7/1/2016
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Improvements 950,000 115,000 65,000 0 0 0 1,130,000
Equipment 750,000 0 0 0 0 0 750,000
Others 100,000 0 0 0 0 0 100,000
TOTAL $1,800,000 $115,000 $65,000 $0 $0 $0 $1,980,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
400,000 115,000 0 0 0 0 515,000
Permit Automation
Fund 1,400,000 0 0 0 0 0 1,400,000
No Funding Source 0 0 65,000 0 0 0 65,000
TOTAL $1,800,000 $115,000 $65,000 $0 $0 $0 $1,980,000
Finance Notes
In FY2019-20, $650k in prior years funding revised from General Government CIP Fund to Permit Automation Fund.
Operating Impact Notes
The agreement for website improvements includes a subsequent 3-year annual maintenance cost of approxmately $33,000 per year and will be absorbed within IT's annual maintenance operating budget. There is no additional operating impacts anticipated for the other work items as part of this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Community Improvement Projects
City of Milpitas 89
266
Item # 14.
PROJECT NO.
Permitting Technology
Improvement
3434
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: City Hall
Managing Department: Information Technology
Contact Person: Daniel Nam [2706]/
Scott Golden [2712]
Project Stage: Ongoing Planning/
Implementation
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: No
Description
This project provides for improvements to the Building Safety and Housing, Planning, and Engineering Departments' permitting automation system. Improvements will ensure the system operates efficiently for better customer service by streamlining the fee collection in accordance with City Ordinance, permit submittal and issuance process, plan review and inspections process, and archival and retrieval of documents and record information.
Notes
In 2017, Council approved the purchase of AvolveDox software to help transition the City's traditional paper- based plan review process to an advanced web-based electronic plan review system. Workplan in FY2022-23 and FY2023-24 is to continue general upgrades and maintenance to City permit automation systems. Building Safety and Housing, Planning, Land Development, and IT departments to review and strategize improvements to the City's permitting automation and ProjectDox system in FY2023-24.
Community Improvement Projects
90 City of Milpitas
267
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Permitting Technology Improvement
Project No. 3434
$285,000 7/1/2017
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Improvements 550,000 0 0 0 0 0 550,000
TOTAL $550,000 $0 $0 $0 $0 $0 $550,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Permit Automation
Fund 550,000 0 0 0 0 0 550,000
TOTAL $550,000 $0 $0 $0 $0 $0 $550,000
Finance Notes
Operating Impact Notes
The agreement for AvolveDox includes a subsequent 4-year annual maintenance cost of approxmately $29,506 per year and will be absorbed by CIP budget. There are no additional operating impacts anticipated from this project.
Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Community Improvement Projects
City of Milpitas 91
268
Item # 14.
PROJECT NO.
Finance System Upgrade 3435
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: Finance Department
Managing Department: Finance
Contact Person: Lauren Lai [3111]/
Gabrielle Tsang [3131]
Project Stage: Ongoing Upgrades
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: Yes
Description
This project provides for upgrades to the City’s financial system to utilize current technology. Upgrades include general ledger, accounts payable, cash collection, Payroll/Human Resources, job costing, and purchase order. The system also manages budget preparation, business license, investment software, and fixed asset systems.
Notes
Minor upgrades and improvements to Cayenta system is ongoing.
Community Improvement Projects
92 City of Milpitas
269
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Finance System Upgrade
Project No. 3435
$92,000 7/1/2011
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Equipment 1,150,000 0 0 0 0 0 1,150,000
Others 100,000 0 0 0 0 0 100,000
TOTAL $1,250,000 $0 $0 $0 $0 $0 $1,250,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
1,150,000 0 0 0 0 0 1,150,000
Sewer Fund 50,000 0 0 0 0 0 50,000
Water Fund 50,000 0 0 0 0 0 50,000
TOTAL $1,250,000 $0 $0 $0 $0 $0 $1,250,000
Finance Notes
City Council 1/15/2019 - approval of Cayenta financial and utility billing software systems upgrades for $419,892.
City Council 2/16/2021 - Mid-Year Budget Appropriation of $100k from Water Fund ($50k) and Sewer Fund ($50k).
Operating Impact Notes
Software licensing costs are already budgeted in the Department's operating budget and there are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Community Improvement Projects
City of Milpitas 93
270
Item # 14.
PROJECT NO.
ADA Compliance Review 3436
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: City Facilities
Managing Department: Engineering
Contact Person: Michael Silveira [3303]/
Lyhak Eam[3349]
Project Stage: Planning
Estimated Schedule
Design: 2022-2023
Construction: —
Recurring Project: No
Description
This project provides for the assessment of City’s services, programs, and facilities for compliance with the Americans with Disabilities Act (ADA). The Act became effective in 1992 to prohibit discrimination against people with disabilities and to ensure people with disabilities have an equal opportunity to participate in public life in terms of employment, access to transportation, public accommodations, communications, and government activities. Title II of the ADA requires state and local government agencies to complete an evaluation of their services, programs, and facilities including buildings, parks, sidewalks, trails, and right-of-way for ADA compliance and develop a Transition Plan to correct deficiencies over a period of time.
Notes
On 9/7/2021, City Council approved a professional service agreement to conduct a self-evaluation of City's services, programs, and facilities and develop an ADA Transition Plan. On 11/16/2021, City Council adopted the ADA/504 complaint/grievance procedure. The Plan is anticipated to be completed by fall 2023.
Community Improvement Projects
94 City of Milpitas
271
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
ADA Compliance Review
Project No. 3436
$25,000 7/1/2012
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 321,158 0 0 0 0 0 321,158
Administration 10,000 0 0 0 0 0 10,000
TOTAL $331,158 $0 $0 $0 $0 $0 $331,158
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
197,000 0 0 0 0 0 197,000
Grants/Reimb./
Developer Fees 134,158 0 0 0 0 0 134,158
TOTAL $331,158 $0 $0 $0 $0 $0 $331,158
Finance Notes
City Council 9/7/2021 - Budget Appropriation of $134,158 in PLAN JPA Grant Funding and $37,000 in General Government CIP Funding.
Operating Impact Notes
There are no operating or maintenance expenses associated with this project.
Community Improvement Projects
City of Milpitas 95
272
Item # 14.
PROJECT NO.
Milpitas Gateway - Main
Street Specific Plan Update
3437
Category: Community Improvement
City Council Priority: Economic Development and Job
Growth
Project Location: Milpitas Gateway-Main Street
Specific Plan
Managing Department: Planning
Contact Person:
Ned Thomas [3273]/
Jay Lee [3077]
Project Stage: Planning
Estimated Schedule
Design: 2021-2024
Construction: —
Recurring Project: No
Description
This project provides for the update of the Milpitas Midtown Specific Plan which was adopted in March 2002. In June 2008, the Council amended the Plan to remove approximately 100 acres and create the Transit Area Specific Plan. In October 2019, the Council directed staff to suspend their activities on the update and develop a new strategic direction and scope of work. The update will include strategies for long-range planning and strategic investment in three focus areas and possible boundary changes that align with Council priorities and current conditions in an expanded Midtown area. The Midtown Specific Plan will be renamed the “Milpitas Gateway Main Street Specific Plan” to reflect a greater focus on: 1) the historical significance of Main Street; 2) the importance of Calaveras Boulevard as a primary gateway into Milpitas; and 3) the potential for commercial/ office development along the I-880 freeway/Abbott Avenue frontage.
Notes
On 5/26/2021, the Metropolitan Transportation Commission (MTC) awarded $500k to the City through its Priority Development Area (PDA) Planning Grant Program to assist in funding the project. The program provides funding for specific plans that result in intensified land uses around public transit hubs and bus and rail corridors in the Bay Area. On 9/21/2021, City Council approved a consultant agreement to update the Specific Plan which is anticipated to be completed in FY2023-24.
Community Improvement Projects
96 City of Milpitas
273
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Milpitas Gateway - Main Street Specific Plan Update
Project No. 3437
$35,000 7/1/2016
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 590,000 0 0 0 0 0 590,000
Administration 510,000 0 0 0 0 0 510,000
TOTAL $1,100,000 $0 $0 $0 $0 $0 $1,100,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Community
Planning Fees 600,000 0 0 0 0 0 600,000
Grants/Reimb./
Developer Fees 500,000 0 0 0 0 0 500,000
TOTAL $1,100,000 $0 $0 $0 $0 $0 $1,100,000
Finance Notes
City Council 2/26/2019 - Mid-Year Budget Appropriation of $250k from Community Planning Fund.
City Council 9/21/2021 - Budget Appropriation of $500k from Priority Development Area (PDA) Planning Grant Program.
City Council 2/21/2023 - Mid-Year Budget Appropriation of $360k from General Government CIP Fund in prior years was defunded for other projects.
Operating Impact Notes
There are no operating or maintenance expenses associated with this project.
Community Improvement Projects
City of Milpitas 97
274
Item # 14.
PROJECT NO.
Annual Tree Replacement
Program
3438
Category: Community Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Citywide
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Michael Springer [2647]
Project Stage: Implementation
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: Yes
Description
This project provides for the replacement of aging City-owned trees as recommended by the Urban Forestry Management Plan (UFMP), dated March 2019. The program will enhance the City's urban forest inventory, which includes over 15,000 City-owned trees. The project funds minor tree maintenance, irrigation improvements, and utility relocations for proper tree sustainability.
Notes
The UFMP recommends replacing approximately 75 trees biannually. Workplan in FY2022-23 and FY2023-24 is for the ongoing replacement of City-owned trees that have been removed since last major planting cycle. This project is only partially funded.
Community Improvement Projects
98 City of Milpitas
275
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Annual Tree Replacement Program
Project No. 3438
$215,000 7/1/2017
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Administration 125,000 0 0 0 0 0 125,000
Improvements 419,000 0 0 100,000 100,000 100,000 719,000 TOTAL $544,000 $0 $0 $100,000 $100,000 $100,000 $844,000 Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
515,000 0 0 0 0 0 515,000
Grants/Reimb./
Developer Fees 29,000 0 0 0 0 0 29,000
No Funding Source 0 0 0 100,000 100,000 100,000 300,000 TOTAL $544,000 $0 $0 $100,000 $100,000 $100,000 $844,000 Finance Notes
In FY2019-20, $29k reimbursement from PG&E.
City Council 6/4/2020 - $200K in prior years funding from the General Government CIP Fund was defunded to address the projected shortfalls in the General Fund.
City Council 2/16/2021 - $60K in prior years funding from the General Government CIP Fund was defunded for other projects.
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Community Improvement Projects
City of Milpitas 99
276
Item # 14.
PROJECT NO.
Public Safety/DPW Disaster
Plan Update
3445
Category: Community Improvement
City Council Priority: Public Safety
Project Location: Fire Department
Managing Department: Fire
Contact Person: Jason Schoonover [2802]/
Galahad Zamora[2826]
Project Stage: Procurement
Estimated Schedule
Design: Completed
Construction: 2024
Recurring Project: No
Description
This project provides for the update of the City’s Emergency Action Plan used by the Police, Fire, and Public Works departments to manage large scale emergencies such as natural disasters. The update will provide an assessment of City's resources and equipment, and recommendation for asset needs. The project will be completed in two phases; (1) is to catalogue and inventory existing equipment, identify staff training needs, host training, and study the City’s disaster cost recovery plan; and (2) is to purchase equipment and resources recommended in the assessment.
Notes
This is a joint project by the Fire Department and the City Manager's Office. Phase 1 was completed and presented to the City Council in November 2020. Fire Department to complete operational annexes per the revised Emergency Operations Plan in winter 2023 and complete procurement of emergency management training and equipment for the Office of Emergency Services by 2024.
Community Improvement Projects
100 City of Milpitas
277
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Public Safety/DPW Disaster Plan Update
Project No. 3445
$207,000 7/1/2018
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 175,000 0 0 0 0 0 175,000
Administration 25,000 0 0 0 0 0 25,000
Improvements 50,000 0 0 0 0 0 50,000
TOTAL $250,000 $0 $0 $0 $0 $0 $250,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
250,000 0 0 0 0 0 250,000
TOTAL $250,000 $0 $0 $0 $0 $0 $250,000
Finance Notes
Operating Impact Notes
This project may impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Community Improvement Projects
City of Milpitas 101
278
Item # 14.
PROJECT NO.
Fire Station No. 2
Replacement
3447
Category: Community Improvement
City Council Priority: Public Safety
Project Location: 1263 Yosemite Drive
Managing Department: Engineering
Contact Person: Michael Silveira [3303]/
Lyhak Eam[3349]
Project Stage: Project Closeout
Estimated Schedule
Design: Completed
Construction: Completed
Recurring Project: No
Description
This project provides for the design and construction of a new Fire Station No. 2 (FS2) at the current location, 1263 Yosemite Drive. FS2 was constructed in 1969 and has reached the end of its service life. The new fire station will be designed to provide for additional fire apparatus, sustainable elements, gender equality/privacy, operational efficiencies to improve response times and meet current Building and Fire Codes for "Essential Services Buildings". Project includes leasing and tenant improvements for a temporary fire station, building demolition, furnishings, fixtures, & equipment (FF&E), and site improvements.
Notes
Construction of the new fire station was completed and occupied in October 2022.
Community Improvement Projects
102 City of Milpitas
279
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Fire Station No. 2 Replacement
Project No. 3447
$947,000 7/1/2016
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 1,050,000 0 0 0 0 0 1,050,000
Administration 1,750,000 0 0 0 0 0 1,750,000
Inspection 400,000 0 0 0 0 0 400,000
Improvements 11,120,000 0 0 0 0 0 11,120,000
TOTAL $14,320,000 $0 $0 $0 $0 $0 $14,320,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
4,720,000 0 0 0 0 0 4,720,000
Revenue Bond 9,600,000 0 0 0 0 0 9,600,000
TOTAL $14,320,000 $0 $0 $0 $0 $0 $14,320,000
Finance Notes
City Council 12/4/2018 - Mid-Year Budget Appropriation of $320k from General Government CIP Fund.
City Council 2/26/2019 - Mid-Year Budget Appropriation of $250k from General Government CIP Fund.
City Council 10/20/2020 - Approved 2020 Lease Revenue Bond financing for $9.6M.
City Council 2/21/2023 - Mid-Year Budget Appropriation of $1.5M from General Government CIP Fund in prior years was defunded for other projects.
Operating Impact Notes
This project is anticipated to impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Community Improvement Projects
City of Milpitas 103
280
Item # 14.
PROJECT NO.
(Rmb) SCVWD Creek
Projects
3452
Category: Community Improvement
City Council Priority: Environment
Project Location: Berryessa, Calera, and Lower
Penitencia Creeks
Managing Department: Engineering
Contact Person: Michael Silveira [3303]/
Lyhak Eam[3349]
Project Stage: Construction
Estimated Schedule
Design: Completed
Construction: 2021-2024
Recurring Project: No
Description
This project provides reimbursement to the Santa Clara Valley Water District (SCVWD) for improvements of levee pedestrian trails, sidewalks, and utilities on the behalf of the City along portions of their Creeks.
Notes
SCVWD completed improvements along Berryessa Creek in 2020. SCVWD started construction along Lower Penitencia Creek and Calera Creek in summer 2021 and anticipates being completed in 2024. The City will reimburse SCVWD for the improvements as specified in the Master Agreement between the City and SCVWD, approved in February 2021.
Community Improvement Projects
104 City of Milpitas
281
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
(Rmb) SCVWD Creek Projects
Project No. 3452
$17,000 7/1/2019
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 1,500,000 0 0 0 0 0 1,500,000
Improvements 250,000 0 0 0 0 0 250,000
TOTAL $1,750,000 $0 $0 $0 $0 $0 $1,750,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
1,750,000 0 0 0 0 0 1,750,000
TOTAL $1,750,000 $0 $0 $0 $0 $0 $1,750,000
Finance Notes
City Council 2/26/2019 - Mid-Year Budget Appropriation of $1.5M from General Government CIP Fund.
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Community Improvement Projects
City of Milpitas 105
282
Item # 14.
PROJECT NO.
Climate Action Plan Update 3453
Category: Community Improvement
City Council Priority: Environment
Project Location: Public Works Department
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Elaine Marshall [2603]
Project Stage: Adopted/Implementation
Estimated Schedule
Design: Completed
Construction: 2023-2024
Recurring Project: Yes
Description
This project provides for an update to the City’s Climate Action Plan (CAP) adopted in 2013. The CAP serves as the Greenhouse Gas (GHG) reduction strategy to meet the State's reduction target by year 2020. Since the adoption of the CAP, legislation was passed setting new mid- and long-term Statewide emissions targets (40% reduction below 1990 levels by 2030; 80% reduction by 2050). The update will identify needs to support CAP programs for the new reduction targets and develop and implement outreach and community engagement programs.
Notes
On 8/9/2022, the City Council adopted the Climate Action Plan Update. Workplan in 2023-2024 is to implement near-term CAP strategies and goals as discussed with the City Council during the August 9, 2022 meeting. Work includes hiring a consultant to support CAP implementation, coordination and monitoring; developing a municipal facilities electrification strategy; and funding for community engagement and education, including a fellow.
Ongoing implementation of the CAP Update and associated costs will be brought forward for City Council consideration as more programs and policies are developed. Additionally, staff will pursue grant funding opportunities to support CAP implementation.
Community Improvement Projects
106 City of Milpitas
283
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Climate Action Plan Update
Project No. 3453
$150,000 7/1/2019
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 190,000 0 0 0 0 0 190,000
Administration 10,000 0 0 0 0 0 10,000
Improvements 150,000 0 0 0 0 0 150,000
TOTAL $350,000 $0 $0 $0 $0 $0 $350,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
200,000 0 0 0 0 0 200,000
General Fund 150,000 0 0 0 0 0 150,000
TOTAL $350,000 $0 $0 $0 $0 $0 $350,000
Finance Notes
City Council 8/9/2022 - Budget Appropriation of $150k from General Fund - Unassigned.
Operating Impact Notes
This project may impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Community Improvement Projects
City of Milpitas 107
284
Item # 14.
PROJECT NO.
ALPRs and Security
Cameras Program
3459
Category: Community Improvement
City Council Priority: Public Safety
Project Location: Citywide
Managing Department: Police
Contact Person: Steve Fox [2525]/
Lisa Beaulieu [2434]
Project Stage: Implementation
Estimated Schedule
Design: Completed
Construction: Ongoing
Recurring Project: No
Description
This project provides for the assessment and installation of video camera systems and automated license plate readers (ALPRs) to protect the community and critical infrastructure. The units will be placed at strategic points of ingress and egress within the City, high crime areas, and the Milpitas BART station in an effort to address criminal activity. Project also includes installation of hardware, software, and data storage to support the system.
Notes
Assessment for a video camera system and ALPRs was completed in 2020 and ALPRs were installed in 2020 and 2022. On 9/20/2022, Council approved to extend the lease agreement for the ALPRs until 2024 and potentially install up to 10 cameras citywide, locations to be determined.
Community Improvement Projects
108 City of Milpitas
285
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
ALPRs and Security Cameras Program
Project No. 3459
$318,000 7/1/2019
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Equipment 515,000 0 0 0 0 0 515,000
TOTAL $515,000 $0 $0 $0 $0 $0 $515,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
200,000 0 0 0 0 0 200,000
Grants/Reimb./
Developer Fees 315,000 0 0 0 0 0 315,000
TOTAL $515,000 $0 $0 $0 $0 $0 $515,000
Finance Notes
City Council 6/4/2020 - $300K in prior years funding from the General Government CIP Fund was defunded to address the projected shortfalls in the General Fund.
In FY2021/22, Grants/Reimb./Developer Fees of $315k is from State Car Break-in Grant.
Operating Impact Notes
This project is currently being funded solely through the CIP including the leasing fee. Operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Community Improvement Projects
City of Milpitas 109
286
Item # 14.
PROJECT NO.
Comprehensive Zoning
Ordinance Update
3460
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: Planning Department
Managing Department: Planning
Contact Person: Ned Thomas [3273]/
Jay Lee [3077]
Project Stage: Planning
Estimated Schedule
Design: 2023-2025
Construction: —
Recurring Project: No
Description
This project provides for the update to the City's Zoning Ordinance which is a primary implementation tool of the General Plan with regard to land use. The current Zoning Ordinance was originally written in 1955 and contains many outdated terms and is poorly organized. It was last updated in 2008 and has had multiple amendments in recent years in response to changes in State law, zoning practice, and technology. A comprehensive review and update of the Zoning Ordinance is required to ensure consistency between the recently adopted General Plan 2040 policies related to land use and the primary regulations to implement those policies. The Update will also ensure conformance of local land use regulations and design standards with State law, resolve inconsistencies, and make the Ordinance easier to use and understand for staff and the general public.
Notes
On 1/17/2023, City Council approved a professional service agreement for the update and is anticipated to be completed in 2025.
Community Improvement Projects
110 City of Milpitas
287
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Comprehensive Zoning Ordinance Update
Project No. 3460
$120,000 7/1/2020
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 880,000 0 0 0 0 0 880,000
Administration 120,000 0 0 0 0 0 120,000
TOTAL $1,000,000 $0 $0 $0 $0 $0 $1,000,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Community
Planning Fees 1,000,000 0 0 0 0 0 1,000,000
TOTAL $1,000,000 $0 $0 $0 $0 $0 $1,000,000
Finance Notes
Operating Impact Notes
There are no operating or maintenance expenses associated with this project.
Community Improvement Projects
City of Milpitas 111
288
Item # 14.
PROJECT NO.
Fire Stations Security 3461
Category: Community Improvement
City Council Priority: Public Safety
Project Location: Fire Stations
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Samu Tiumalu [2648]
Project Stage: Construction
Estimated Schedule
Design: Completed
Construction: 2023
Recurring Project: No
Description
This project provides for an assessment and installation of security measures at Fire Stations no. 1, 3, and
4. Work will include installation of control and alarm monitoring system (ACAMS) to replace the pushbutton lock system to monitor access and assess security measures such as video surveillance for the protection of Fire Stations.
Notes
On 1/18/22 and 9/6/2022, City Council awarded a construction contract to install the ACAM system at Fire Station No. 1, 3, and 4 which is anticipated to be completed by summer 2023. Public Works and Fire departments' workplan in FY2022-23 to perform an assessment of security measures at Fire Station No. 1, 3, and 4.
Community Improvement Projects
112 City of Milpitas
289
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Fire Stations Security
Project No. 3461
$56,000 7/1/2020
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Improvements 200,000 0 0 0 0 0 200,000
TOTAL $200,000 $0 $0 $0 $0 $0 $200,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
200,000 0 0 0 0 0 200,000
TOTAL $200,000 $0 $0 $0 $0 $0 $200,000
Finance Notes
Operating Impact Notes
This project may impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Community Improvement Projects
City of Milpitas 113
290
Item # 14.
PROJECT NO.
On-Call Facilities Maintenance &
Repair Services
3462
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: City Facilities
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Samu Tiumalu [2648]
Project Stage: Construction
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: Yes
Description
This project provides for on-call repair and maintenance services at all City facilities. Work may include, but is not limited to, repair and replacement of electrical and mechanical systems, plumbing, parking lots, UPS battery backup system replacement, pool equipment, motors/pumps, fountain repairs, leak repairs, emergency power, HVAC systems, painting, carpeting, code upgrades, replacement of floor coverings, restroom and shower facilities, kitchen improvements, locksmith services, windows, doors and gates, replacement of furniture and fixtures, removal and disposal of hazardous materials such as ballasts, lamps/bulbs, batteries, paint, aerosol, cleaning products, pesticides, appliances etc., and other related improvements. All work will be performed on a priority and funding availability basis.
Notes
Community Improvement Projects
114 City of Milpitas
291
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
On-Call Facilities Maintenance & Repair Services
Project No. 3462
$214,000 7/1/2020
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Improvements 1,095,000 400,000 400,000 300,000 300,000 300,000 2,795,000 TOTAL $1,095,000 $400,000 $400,000 $300,000 $300,000 $300,000 $2,795,000 Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
1,095,000 400,000 0 0 0 0 1,495,000
No Funding Source 0 0 400,000 300,000 300,000 300,000 1,300,000 TOTAL $1,095,000 $400,000 $400,000 $300,000 $300,000 $300,000 $2,795,000 Finance Notes
City Council 2/21/2023 - Mid-Year Budget Appropriation of $250k from General Government CIP Fund.
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Community Improvement Projects
City of Milpitas 115
292
Item # 14.
PROJECT NO.
Mobile Emergency
Operations Center
3464
Category: Community Improvement
City Council Priority: Public Safety
Project Location: 1275 North Milpitas Blvd.
Managing Department: Police
Contact Person: Steve Fox [2525]/
Jason Schoonover [2802]
Project Stage: Construction
Estimated Schedule
Design: Completed
Construction: 2022-2024
Recurring Project: No
Description
This project provides for the purchase of a Mobile Emergency Operations Center (MEOC) to be used by the Police and Fire departments during a lengthy field deployment. This vehicle provides a safe operational environment for staff. It will also serve as a backup Public Safety Answering Point in the event the current EOC fails.
Notes
The vendor has began to the built the MEOC and it is anticipated to be completed by winter 2024.
Community Improvement Projects
116 City of Milpitas
293
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Mobile Emergency Operations Center
Project No. 3464
$0 7/1/2020
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Equipment 1,240,000 0 0 0 0 0 1,240,000
TOTAL 1,240,000 $0 $0 $0 $0 $0 $1,240,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Equipment
Replacement Fund 161,131 0 0 0 0 0 161,131
General
Government CIP
Fund
475,440 0 0 0 0 0 475,440
Grants/Reimb./
Developer Fees 603,429 0 0 0 0 0 603,429
TOTAL $1,240,000 $0 $0 $0 $0 $0 $1,240,000
Finance Notes
In FY21/22, Grant/Reim./Developer Fees of $120,000 from Asset Seizure Fund, $118,429 from COPs grant, and $425,000 from American Rescue Plan Act of 2021.
City Council 2/21/2023 - Mid-Year Budget Adjustment of $60k defunded from Federal Asset Seizure Fund in prior years.
Operating Impact Notes
This project is anticipated to impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Community Improvement Projects
City of Milpitas 117
294
Item # 14.
PROJECT NO.
Fire Station No. 1 Modular
Building
3465
Category: Community Improvement
City Council Priority: Public Safety
Project Location: 777 South Main Street
Managing Department: Engineering
Contact Person: Michael Silveira [3303]/
Lyhak Eam[3349]
Project Stage: Planning
Estimated Schedule
Design: 2023-2024
Construction: 2025-2026
Recurring Project: No
Description
This project provides for the design and replacement of the modular building at Main Fire Station No. 1 that has exceeded its service life. The building was installed in late 1990s to house the operation staff during the construction of the fire station. Since the completion of the fire station, the building is being used as City's Office of Emergency Services (OES) and for training meetings and conferences.
Notes
Funding request in FY2023-2024 is for the escalation cost of a new modular building and additional scope of work for site improvements and requirements such as new fire water service and fiber infrastructure; upgrades to sanitary sewer and electrical system; removal and disposal of the existing modular building; hazard material removal requirements and remediation; City building permit requirements, and etc. Vendor selection for replacement of the modular is anticipated to start in summer 2023.
Community Improvement Projects
118 City of Milpitas
295
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Fire Station No. 1 Modular Building
Project No. 3465
$799,000 7/1/2022
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 100,000 0 0 0 0 0 100,000
Administration 50,000 50,000 0 0 0 0 100,000
Improvements 650,000 150,000 0 0 0 0 800,000
TOTAL $800,000 $200,000 $0 $0 $0 $0 $1,000,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
550,000 200,000 0 0 0 0 750,000
Grants/Reimb./
Developer Fees 250,000 0 0 0 0 0 250,000
TOTAL $800,000 $200,000 $0 $0 $0 $0 $1,000,000
Finance Notes
City Council 2/21/2023 - Mid-Year Budget Appropriation of $250k from American Rescue Plan Act grant.
Operating Impact Notes
This project may impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Community Improvement Projects
City of Milpitas 119
296
Item # 14.
PROJECT NO.
Human Resources
Information System
3467
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: Human Resource Department
Managing Department: Human Resources
Contact Person: Nick Raisch [3086]/
Vicky Lien [3085]
Project Stage: Planning
Estimated Schedule
Design: 2023-2024
Construction: 2024-2026
Recurring Project: No
Description
This project provides for the design and implementation of a Human Resources Information System (HRIS) that will optimize efficiencies and streamline processes for functions in the Human Resources department. The existing system is a Payroll system which is inefficient and ineffective for management of employees and relies on manual processes which limits proper handling of HR functions. The new system will serve as a basic end-to- end management of employees for position control, recruitment, performance management, learning & development, record tracking, personnel actions, document control, reporting, compliance tracking, strategy, and self-service.
Notes
This project was approved by City Council as part of the American Rescue Plan Act Investment Plan on August 9, 2021. This project will be coordinated with Financial System Enterprise Resource Planning project (#3466). HR is anticipating starting the system selection and design in summer 2023 and anticipating the system to be implemented in winter 2025.
Community Improvement Projects
120 City of Milpitas
297
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Human Resources Information System
Project No. 3467
$1,100,000 8/9/2021
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Administration 370,000 0 350,000 0 0 0 720,000
Improvements 730,000 100,000 0 0 0 0 830,000
TOTAL $1,100,000 $100,000 $350,000 $0 $0 $0 $1,550,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Grants/Reimb./
Developer Fees 1,100,000 0 0 0 0 0 1,100,000
Information
Technology
Replacement
0 0 300,000 0 0 0 300,000
Sewer Fund 0 50,000 25,000 0 0 0 75,000
Water Fund 0 50,000 25,000 0 0 0 75,000
TOTAL $1,100,000 $100,000 $350,000 $0 $0 $0 $1,550,000
Finance Notes
City Council 8/9/2021 - approved $1.1M American Rescue Plan Act funding for this project.
Operating Impact Notes
The annual software licensing and maintenance costs of $160,000 is anticipated to begin in FY26-27. The cost of the software maintenance will be incurred by the Human Resources department operating budget.
Community Improvement Projects
City of Milpitas 121
298
Item # 14.
PROJECT NO.
Metro Impact Fee Study 3469
Category: Community Improvement
City Council Priority: Economic Development and Job
Growth
Project Location: Metro Specific Area
Managing Department: Planning
Contact Person: Ned Thomas [3273]/
Jay Lee [3077]
Project Stage: Planning
Estimated Schedule
Design: 2023-2024
Construction: —
Recurring Project: No
Description
This project provide for the preparation of an impact fee nexus study for infrastructure needs in the Milpitas Metro Specific Plan (update of the 2008 TASP) planning area. The study will update the previous Transit Area Development Impact Fee (TADIF) schedule and determine the total costs of the implementation of the prior uncompleted infrastructure as well as the changes incorporated into the Metro Plan. The nexus study will also determine the optimal method for distributing those costs to developers of land within the specific plan. The method will provide an implementation blueprint that will be equitable to new development and its related infrastructure needs, and for the remaining development opportunities permitted by the TASP with already established public infrastructure as identified in the Basic Infrastructure Program (BIP). The methodology will result in the full recovery of costs and establish a fee program.
Notes
Planning is anticipating to start the study in spring 2023 and to be completed approximately 12 to 18 months after commencement.
Community Improvement Projects
122 City of Milpitas
299
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Metro Impact Fee Study
Project No. 3469
$150,000 2/21/2023
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 50,000 0 0 0 0 0 50,000
Administration 100,000 0 0 0 0 0 100,000
TOTAL $150,000 $0 $0 $0 $0 $0 $150,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total TASP Impact Fees 150,000 0 0 0 0 0 150,000
TOTAL $150,000 $0 $0 $0 $0 $0 $150,000
Finance Notes
City Council 2/21/2023 - Project created with Budget Appropriation of $150k from TASP Impact Fees.
Operating Impact Notes
There are no operating or maintenance expenses associated with this project.
Community Improvement Projects
City of Milpitas 123
300
Item # 14.
PROJECT NO.
Facilities Water Fixtures
Retrofit Project
3486
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: City Facilities and Parks
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Samu Tiumalu [2648]
Project Stage: Post-Construction
Estimated Schedule
Design: Completed
Construction: Completed
Recurring Project: No
Description
A full audit of the City’s domestic water fixtures in buildings and parks was conducted in 2020 to determine retrofit options that would result in energy and water savings for the City’s existing toilet and sink valves, as well as all other sources of water usage. Lower flow fixtures reduce water usage and water costs and can also lead to reductions in electric usage due to the reduced hot water demands. These retrofits would also reduce operation and maintenance (O&M) requirements by reducing the needs for staff repairs throughout the year given the newer and more reliable fixtures.
Notes
On 11/17/2020, City Council approved an agreement with Engie Service Inc. for the implementation of energy and water conservation measures. The project was completed in 2022.
Community Improvement Projects
124 City of Milpitas
301
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Facilities Water Fixtures Retrofit Project
Project No. 3486
$0 11/17/2020
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Improvements 670,000 0 0 0 0 0 670,000
TOTAL $670,000 $0 $0 $0 $0 $0 $670,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
670,000 0 0 0 0 0 670,000
TOTAL $670,000 $0 $0 $0 $0 $0 $670,000
Finance Notes
City Council 11/17/2020: Project created with Budget Appropriation of $670k from General Government CIP Fund.
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Close at the end of Fiscal Year: June 30, 2023
Community Improvement Projects
City of Milpitas 125
302
Item # 14.
PROJECT NO.
Citywide LED Lighting
Upgrade Project
3487
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: Citywide
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Michael Springer [2647]
Project Stage: Post-Construction
Estimated Schedule
Design: Completed
Construction: Completed
Recurring Project: No
Description
An assessment of the City’s outdoor lighting was completed in 2020 to convert the fixtures to LED for City’s streets, sports fields, and park lights. This will achieve energy savings, improve light coverage, and help standardize the lighting technology throughout the City. The lighting retrofits will include cellular controls that will enable the City to view all outdoor lights in an online dashboard, increasing awareness of any outages, and the ability to quickly replace fixtures for the community. LEDs have become a cost-effective replacement for conventional lighting that will save the City over 50% in energy costs. Added bi-level controls will meet Title 24 requirements and increase savings for fixtures when no one is present. In addition, uniform light enhances security and the service life of 15 to 20 years reduces maintenance requirements.
Notes
On 11/17/2020, City Council approved an agreement with Engie Service Inc. for the implementation of energy and water conservation measures. The project was completed in winter 2022.
Community Improvement Projects
126 City of Milpitas
303
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Citywide LED Lighting Upgrade Project
Project No. 3487
$0 11/17/2020
Estimated Cost
Phase Prior Year FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 Total Improvements 6,872,425 0 0 0 0 0 6,872,425
TOTAL $6,872,425 $0 $0 $0 $0 $0 $6,872,425
Funding Source
Prior Year FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 Total Revenue Bond 6,872,425 0 0 0 0 0 6,872,425
TOTAL $6,872,425 $0 $0 $0 $0 $0 $6,872,425
Finance Notes
City Council 11/17/2020: Project created with Budget Appropriation of $6,872,425 from Lease Revenue Bond.
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Close at the end of Fiscal Year: June 30, 2023
Community Improvement Projects
City of Milpitas 127
304
Item # 14.
PROJECT NO.
Community and Senior Center
Energy Resilience Project
3488
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: Community and Senior Center
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Elaine Marshall [2603]
Project Stage: Construction
Estimated Schedule
Design: Completed
Construction: 2023
Recurring Project: No
Description
This project provides for the design and installation of Solar Photovoltaics and Battery Energy Storage at the Senior Center and Community Center for resiliency and energy savings. Implementation of this project would generate clean, on-site power via solar shade structures, and rooftop canopies to reduce PG&E energy costs. This project helps the City avoid peak demand charges and optimize energy rates. In addition, the battery and energy storage will provide emergency backup power in the event of power outages or shutoffs in the City.
Notes
On 11/17/2020, City Council approved an agreement with Engie Service Inc. for the implementation of energy and water conservation measures. Engie is to complete project by winter 2023. Workplan in FY2022-23 and FY2023-24 is to conduct a feasibility study for installation of Solar Photovoltaics and Battery Energy Storage at other City facilities such as PW/PD building, City Hall, etc.
Community Improvement Projects
128 City of Milpitas
305
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Community and Senior Center Energy Resilience Project
Project No. 3488
$324,000 11/17/2020
Estimated Cost
Phase Prior Year FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 Total Improvements 5,107,597 0 0 0 0 0 5,107,597
TOTAL $5,107,597 $0 $0 $0 $0 $0 $5,107,597
Funding Source
Prior Year FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 Total Grants/Reimb./
Developer Fees 700,702 0 0 0 0 0 700,702
Revenue Bond 4,406,895 0 0 0 0 0 4,406,895
TOTAL $5,107,597 $0 $0 $0 $0 $0 $5,107,597
Finance Notes
City Council 11/17/2020: Project created with Budget Appropriation of $4,406,895 from Lease Revenue Bond.
City Council 11/2/2021: Accepted grant funding from Silicon Valley Clean Energy (SVCE) of $700,702.
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Community Improvement Projects
City of Milpitas 129
306
Item # 14.
PROJECT NO.
Public Art Program 3489
Category: Community Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Various Locations
Managing Department: Parks & Recreation
Contact Person: Renee Lorentzen [3409]/
Tegan McLane [3212]
Project Stage: Implementation
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: Yes
Description
This project provides for the design and installation of new art and murals; creation of a Public Art Master Plan to establish goals, roles, procedures, and use of the Public Art Fund; implementation of the Mural Program policy to promote mural activity reflective of the heritage, diversity and aspirations of our community through engagement with muralists, property owners, community stakeholders and residents; and assessment and maintenance of City’s public art collection.
Notes
On 10/5/2021, City Council adopted a Mural Program policy. In 2022, the mural on the pedestrian overcrossing at Piper Drive and BART Station was completed. Workplan in FY 2022-23 is to continue implementation of the Mural Program, ongoing maintenance of the City's public art, complete the development of the Historic Marker program, and start the development of the Public Art Master Plan. Funding request in FY2023-24 is for the annual contribution from the Public Art Fund for continuous implementation of the Mural Program.
Community Improvement Projects
130 City of Milpitas
307
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Public Art Program
Project No. 3489
$489,000 2/16/2021
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Administration 288,500 50,000 50,000 50,000 50,000 50,000 538,500 Improvements 277,500 0 0 0 0 0 277,500
TOTAL $566,000 $50,000 $50,000 $50,000 $50,000 $50,000 $816,000 Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Public Art Fund 566,000 50,000 50,000 50,000 50,000 50,000 816,000 TOTAL $566,000 $50,000 $50,000 $50,000 $50,000 $50,000 $816,000 Finance Notes
City Council 2/16/2021 - Project created with Mid-year Budget Appropriation of $97.5k from Public Art Fund.
City Council 10/5/2021 - Budget Appropriation of $65k from Public Art Fund.
Operating Impact Notes
This project may impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Community Improvement Projects
City of Milpitas 131
308
Item # 14.
PROJECT NO.
Capital Improvement
Program Administration
3490
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: Engineering and Finance
Department
Managing Department: Engineering
Contact Person: Michael Silveira [3303]/
Gabrielle Tsang [3131]
Project Stage: Administration
Estimated Schedule
Design: —
Construction: —
Recurring Project: Yes
Description
This project provides for the annual preparation of the Capital Improvement Program. Work includes program administration, printing, and software programming assistance.
Notes
Community Improvement Projects
132 City of Milpitas
309
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Capital Improvement Program Administration
Project No. 3490
$479,000 7/1/2021
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Administration 1,105,000 720,000 720,000 720,000 720,000 720,000 4,705,000 TOTAL $1,105,000 $720,000 $720,000 $720,000 $720,000 $720,000 $4,705,000 Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
387,000 252,000 0 0 0 0 639,000
Sewer
Infrastructure Fund 248,000 162,000 0 0 0 0 410,000
TASP Impact Fees 222,000 144,000 0 0 0 0 366,000
Water Capital
Surcharge 248,000 162,000 0 0 0 0 410,000
No Funding Source 0 0 720,000 720,000 720,000 720,000 2,880,000 TOTAL $1,105,000 $720,000 $720,000 $720,000 $720,000 $720,000 $4,705,000 Finance Notes
Operating Impact Notes
There are no operating or maintenance expenses associated with this project.
Community Improvement Projects
City of Milpitas 133
310
Item # 14.
PROJECT NO.
Milpitas SMART 3493
Category: Community Improvement
City Council Priority: Transportation and Transit
Project Location: Citywide
Managing Department: Planning
Contact Person: Ned Thomas [3273]/
Jay Lee [3077]
Project Stage: Implementation
Estimated Schedule
Design: 2022-2024
Construction: —
Recurring Project: No
Description
This project provides for a 12-month pilot program to provide micro-transit connection services throughout Milpitas. The demand-responsive micro transit service will operate as a “hub and spoke model”, an innovative service model that functions as a hybrid between first-last mile and point-to-point service. Riders will be able to book trips from any one of nearly a hundred virtual stops across the City to any of the “hub” locations. The demand-responsive micro transit service will operate as a point-to-point service, offering rides from any virtual stop to another virtual stop within Milpitas, similar to other rail-hailing services. Riders will be able to book trips from their home to anywhere within the City and vice versa.
Notes
On 4/5/2022, City Council approved a funding agreement with the Santa Clara Valley Transportation Authority (VTA) for the 2016 Measure B Innovative Transit Service Models Program and subscription and service agreement with RideCo. The pilot program started in September 2022 and is anticipated to end in September 2023. After the conclusion of the program, Planning department will present the findings to City Council.
Community Improvement Projects
134 City of Milpitas
311
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Milpitas SMART
Project No. 3493
$0 4/5/2022
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Administration 1,355,916 0 0 0 0 0 1,355,916
TOTAL $1,355,916 $0 $0 $0 $0 $0 $1,355,916
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
71,184 0 0 0 0 0 71,184
Grants/Reimb./
Developer Fees 200,000 0 0 0 0 0 200,000
Measure B 1,084,732 0 0 0 0 0 1,084,732
TOTAL $1,355,916 $0 $0 $0 $0 $0 $1,355,916
Finance Notes
City Council 4/5/2022 - Project created with Budget Appropriation of $1,084,732 from Measure B Innovative Transit Service Models Program Funds, $200,000 from Developer Fees and $71,184 from General Government CIP Fund for a total of $1,355,916. Developer Fees: contribution from Embarcadero Capital Partners and Bridge Development (235 N. McCarthy Blvd).
Operating Impact Notes
This project may impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Community Improvement Projects
City of Milpitas 135
312
Item # 14.
PROJECT NO.
Safe Facilities
Improvements
3495
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: City Facilities
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Samu Tiumalu [2648]
Project Stage: Implementation
Estimated Schedule
Design: Completed
Construction: Completed
Recurring Project: No
Description
This project provides for the implementation of COVID safe controls and safety measures necessary for the reopening of City buildings for staff and the public. The safety measures will help prevent and reduce transmission of the COVID-19 virus and maintain healthy business operations and work environments as staff and the public return to the work place. Work includes rebalancing and adjusting HVAC systems to increase total airflow in City buildings, HVAC filter upgrades, cleaning and disinfecting supplies for facilities, and the procurement of hand sanitizer stations, acrylic shields, and signage.
Notes
Community Improvement Projects
136 City of Milpitas
313
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Safe Facilities Improvements
Project No. 3495
$51,000 6/15/2021
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Improvements 575,000 0 0 0 0 0 575,000
TOTAL $575,000 $0 $0 $0 $0 $0 $575,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General Fund 200,000 0 0 0 0 0 200,000
General
Government CIP
Fund
375,000 0 0 0 0 0 375,000
$575,000 $0 $0 $0 $0 $0 $575,000
Finance Notes
City Council 6/15/2021 - Project created with a Budget Appropriation of $375k from American Rescue Plan Act of 2021.
In FY21/22, General Government CIP Fund replaced Grant funding (American Rescue Plan Act of 2021).
City Council 2/21/2023 - Mid-Year Budget Appropriation of $200k from General Fund.
Operating Impact Notes
This project may impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Close at the end of Fiscal Year: June 30, 2023
Community Improvement Projects
City of Milpitas 137
314
Item # 14.
PROJECT NO.
GIS Development and Data
Collection
3496
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: Citywide
Managing Department: Information Technology
Contact Person: Daniel Nam [2706]/
Scott Golden [2712]
Project Stage: Ongoing Planning/
Implementation
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: Yes
Description
This project provides for the maintenance and enhancements of the City’s Geographic Information System (GIS). The GIS provides field-verified spatial information data that is extensively used by numerous applications in all City departments and the public.
Notes
Workplan in FY2022-23 and funding request in FY2023-24 is to continue software updates, data acquisition, and mapping system modifications; support consultant contract for system upgrades; and develop a GIS Master Plan.
Community Improvement Projects
138 City of Milpitas
315
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
GIS Development and Data Collection
Project No. 3496
$287,000 7/1/2022
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 125,000 74,000 75,000 75,000 75,000 75,000 499,000 Administration 75,000 23,000 25,000 25,000 25,000 25,000 198,000 Improvements 150,000 45,000 50,000 50,000 50,000 50,000 395,000 TOTAL $350,000 $142,000 $150,000 $150,000 $150,000 $150,000 $1,092,000 Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
0 62,000 0 0 0 0 62,000
Permit Automation
Fund 150,000 0 0 0 0 0 150,000
Sewer
Infrastructure Fund 100,000 40,000 0 0 0 0 140,000
Water Capital
Surcharge 100,000 40,000 0 0 0 0 140,000
No Funding Source 0 0 150,000 150,000 150,000 150,000 600,000 TOTAL $350,000 $142,000 $150,000 $150,000 $150,000 $150,000 $1,092,000 Finance Notes
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Community Improvement Projects
City of Milpitas 139
316
Item # 14.
PROJECT NO.
Public Safety Mobile
Computer Terminals
3497
Category: Community Improvement
City Council Priority: Public Safety
Project Location: Police & Fire Departments
Managing Department: Information Technology
Contact Person: Daniel Nam [2706]/
Scott Golden [2712]
Project Stage: Design & Implementation
Estimated Schedule
Design: 2022-2024
Construction: —
Recurring Project: No
Description
This project provides for the replacement of Fire and Police department vehicles mobile computers terminals (MCT) that are approaching the end of their service life. The MCT is a computerized device to communicate with central dispatch office in the field and essential tool for public safety daily operations as it provides real time information. The devices are recommended to be replaced every 5-7 years to meet the current hardware and software technologies.
Notes
Workplan in FY2022-23 is to replace 34 Police vehicles units. Funding request in FY2023-24 is for replacement of 20 Fire vehicle units and 8 Police motorcycle units. The project will be coordinated between IT, Police, and Fire departments.
Community Improvement Projects
140 City of Milpitas
317
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Public Safety Mobile Computer Terminals
Project No. 3497
$360,000 7/1/2022
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Improvements 360,000 250,000 0 0 0 0 610,000
TOTAL $360,000 $250,000 $0 $0 $0 $0 $610,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
360,000 250,000 0 0 0 0 610,000
TOTAL $360,000 $250,000 $0 $0 $0 $0 $610,000
Finance Notes
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Community Improvement Projects
City of Milpitas 141
318
Item # 14.
PROJECT NO.
HVAC System Repairs and
Upgrades
3499
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: Public Works and Police building
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Samu Tiumalu [2648]
Project Stage: Design
Estimated Schedule
Design: 2022-2023
Construction: 2024-2025
Recurring Project: No
Description
The project provides for the repair and upgrades to the HVAC system at the Public Works and Police (PW/PD) building and replacement of Air Handler and AC Units at City Hall that has reached the end of its service life.
During an air balancing assessment of the PW/PD building, it was discovered the air delivery system and associated controls are not compliant with Outside Air Supply (OSA) requirements. The work for PW/PD building will be completed in two phases to address the temperature, comfort, and OSA issues: (1) is to address immediate repairs to the existing VAV systems to meet current codes and mandates, and (2) is to address the existing poor to failed condition EMS/BMS HVAC controls which only partially controls the building's HVAC systems.
Notes
The design for PW/PD building VAV and EMP/BMS HVAC system repairs and upgrades is anticipated to be completed in FY2022-23 and construction is anticipated for FY2023-24. Planned funding request in FY2024-25 for the design and construction of new air handler and AC units at City Hall.
Community Improvement Projects
142 City of Milpitas
319
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
HVAC System Repairs and Upgrades
Project No. 3499
$620,000 7/1/2022
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 0 0 200,000 0 0 0 200,000
Improvements 620,000 0 700,000 0 0 0 1,320,000
TOTAL $620,000 $0 $900,000 $0 $0 $0 $1,520,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
620,000 0 0 0 0 0 620,000
No Funding Source 0 0 900,000 0 0 0 900,000
TOTAL $620,000 $0 $900,000 $0 $0 $0 $1,520,000
Finance Notes
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Community Improvement Projects
City of Milpitas 143
320
Item # 14.
PROJECT NO.
Historic Resource Master
Plan Update
3503
Category: Community Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Citywide
Managing Department: Parks & Recreation
Contact Person: Renee Lorentzen [3409]/
Tegan McLane [3212]
Project Stage: Design
Estimated Schedule
Design: 2023-2024
Construction: —
Recurring Project: No
Description
This project provides for an update to the Historic Resources Master Plan adopted in 2011. The update includes identifying and assessing historic resources; updating the City's landmark policy for public and private resources; establish preservation efforts; identify potential funding mechanisms; and creating a program for Historic Resource Markers.
Notes
Park & Recreation department is anticipating to start the update in spring 2023 and complete it in 2024.
Community Improvement Projects
144 City of Milpitas
321
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Historic Resource Master Plan Update
Project No. 3503
$200,000 7/1/2022
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 200,000 0 0 0 0 0 200,000
TOTAL $200,000 $0 $0 $0 $0 $0 $200,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
200,000 0 0 0 0 0 200,000
TOTAL $200,000 $0 $0 $0 $0 $0 $200,000
Finance Notes
Operating Impact Notes
There are no operating or maintenance expenses associated with this project.
Community Improvement Projects
City of Milpitas 145
322
Item # 14.
PROJECT NO.
City Parking Lot
Rehabilitation Program
3716
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: City Facilities
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Samu Tiumalu [2648]
Project Stage: Construction
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: Yes
Description
This project provides for the rehabilitation of parking lots at City facilities including City Hall, Public Works, Police Department, Community Center, Barbara Lee Senior Center, Fire Stations, and Utility Pump Stations.
Notes
Resurfacing of the parking lot at Sports Center Complex, funded in FY2022-23, is schedule for FY2024-25 after Milpitas Unified School district has completed construction of the Innovation Campus project. This project is only partially funded.
Community Improvement Projects
146 City of Milpitas
323
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
City Parking Lot Rehabilitation Program
Project No. 3716
$200,000 7/1/2019
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Administration 55,000 0 0 0 0 0 55,000
Improvements 435,000 0 0 100,000 100,000 100,000 735,000 TOTAL $490,000 $0 $0 $100,000 $100,000 $100,000 $790,000 Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
400,000 0 0 0 0 0 400,000
Sewer Fund 15,000 0 0 0 0 0 15,000
Storm Drain Fund 75,000 0 0 0 0 0 75,000
No Funding Source 0 0 0 100,000 100,000 100,000 300,000 TOTAL $490,000 $0 $0 $100,000 $100,000 $100,000 $790,000 Finance Notes
City Council 6/4/2020 - $50K in prior years funding from the General Government CIP Fund was defunded to address the projected shortfalls in the General Fund.
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any maintenance costs that arise will be absorbed within the available maintenance schedule and annual operating budget.
Community Improvement Projects
City of Milpitas 147
324
Item # 14.
PROJECT NO.
Council Chamber AV
System Replacement
New
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: City Council Chamber
Managing Department: Information Technology
Contact Person: Daniel Nam [2706]/
Scott Golden [2712]
Project Stage: Planning
Estimated Schedule
Design: 2022-2023
Construction: 2024
Recurring Project: No
Description
This project provides for the replacement of the audio and video (AV) system in the Council Chamber that has exceeded its service life. The 10+ year old AV system is unpredictable, reaching technical obsolescence, and no longer meets the evolving needs of the City, such as hybrid public meetings. Due to the highly complex nature of the system, the implementation can only be occurred during the City Council summer recess.
Notes
Funding request in FY2023-24 is for the replacement of the new AV system which is anticipated to be installed during City Council summer recess in 2024.
Community Improvement Projects
148 City of Milpitas
325
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Council Chamber AV System Replacement
Project No. New
$0 7/1/2023
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Improvements 0 800,000 0 0 0 0 800,000
TOTAL $0 $800,000 $0 $0 $0 $0 $800,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General Fund 0 800,000 0 0 0 0 800,000
TOTAL $0 $800,000 $0 $0 $0 $0 $800,000
Finance Notes
In FY23-24, $800k from General Fund - Facilities Replacement Reserve.
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Community Improvement Projects
City of Milpitas 149
326
Item # 14.
PROJECT NO.
Financial System Enterprise
Resource Planning
New
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: Finance Department
Managing Department: Financial
Contact Person: Lauren Lai [3111]/
Gabrielle Tsang [3131]
Project Stage: Planning
Estimated Schedule
Design: 2023-2024
Construction: 2024-2026
Recurring Project: No
Description
This project provides for the design and installation of a new Financial System Enterprise Resource Planning (ERP) system that will optimize the operations of the financial and budget management; enable operational efficiencies within the Finance department; and provide city-wide functions and customer service delivery to external parties. The existing Cayenta financial system is 25 years old and is limited in accessibility, streamlining processes, and impacts fiscal management.
Notes
This project will be coordinated with Human Resources Information System project (#3467). Finance is anticipating starting system selection and design in summer 2023. The system will be implemented in three phases starting in summer 2024 and anticipating being fully implemented by 2026.
Community Improvement Projects
150 City of Milpitas
327
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Financial System Enterprise Resource Planning
Project No. New
$0 7/1/2023
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Administration 0 500,000 500,000 150,000 0 0 1,150,000
Improvements 0 1,350,000 400,000 400,000 0 0 2,150,000
TOTAL $0 $1,850,000 $900,000 $550,000 $0 $0 $3,300,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General Fund 0 1,600,000 0 0 0 0 1,600,000
General
Government CIP
Fund
0 250,000 900,000 50,000 0 0 1,200,000
Sewer Fund 0 0 0 250,000 0 0 250,000
Water Fund 0 0 0 250,000 0 0 250,000
TOTAL $0 $1,850,000 $900,000 $550,000 $0 $0 $3,300,000
Finance Notes
In FY23/24, $1.6M funding from General Fund - Technology Replacement Reserve.
Operating Impact Notes
The annual software licensing and maintenance costs of $250,000 is anticipated to begin in FY26-27. The cost of the software maintenance will be incurred by the Finance department operating budget.
Community Improvement Projects
City of Milpitas 151
328
Item # 14.
PROJECT NO.
Median Conversion Project New
Category: Community Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Citywide
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Michael Springer [2647]
Project Stage: Design
Estimated Schedule
Design: 2023-2024
Construction: Ongoing
Recurring Project: Yes
Description
This project provides for the phased conversion of streetscape and irrigation systems with drought tolerant plants that supports the State’s drought emergency mandate and City’s climate action goals in curb planter areas and street medians. Work includes replacing a wide variety of vegetation species with standardized drought tolerant planting that is optimally suited for the environment and minimize the City's maintenance and converting non- functional turf irrigated by potable water to comply with the State's ongoing drought emergency mandate.
Notes
Public Works' workplan in FY2022-23 & FY2023-24 is to establish landscaping standards and prioritize the conversion of streetscape and irrigation systems in curb planter areas and street medians. Funding request in FY2023-24 is for the first conversion phase of the project.
Community Improvement Projects
152 City of Milpitas
329
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Median Conversion Project
Project No. New
$0 7/1/2023
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Improvements 0 300,000 300,000 300,000 300,000 300,000 1,500,000 TOTAL $0 $300,000 $300,000 $300,000 $300,000 $300,000 $1,500,000 Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
0 300,000 0 0 0 0 300,000
No Funding Source 0 0 300,000 300,000 300,000 300,000 1,200,000 TOTAL $0 $300,000 $300,000 $300,000 $300,000 $300,000 $1,500,000 Finance Notes
Operating Impact Notes
This project may impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Community Improvement Projects
City of Milpitas 153
330
Item # 14.
PROJECT NO.
Watershed Analysis New
Category: Community Improvement
City Council Priority: Economic Development and
Growth
Project Location: Flood Zone Areas
Managing Department: Engineering
Contact Person: Steve Chan [3324]/
Roberto Alonzo [3316]
Project Stage: Planning
Estimated Schedule
Design: 2023-2024
Construction: —
Recurring Project: No
Description
This project provides for a watershed analysis to support and maintain the City’s Federal Emergency Management Agency (FEMA) Community Rating System (CRS) Class 7 Rating. The project will allow the City to work towards a Class 6 Rating. The CRS is a national program developed by FEMA to assess the City's flood risk level and determine flood insurance premiums for the City of Milpitas residents. Currently, the Class 7 Rating allows residents to purchase flood insurance at a 15% discount on their premiums. In addition, the analysis will help identify potential problem areas in the City’s stormwater infrastructure that may occur during a flood event.
Notes
CRS rating levels are based on 500-point intervals. Every 500 points a community earns translates to a 5% discount in flood insurance premiums for its residents and businesses. Through various activities and credits, the City currently has 1692 points, with a buffer of 192 points above Class 8 Rating. FEMA conducts an annual evaluation and an audit every 5 years of the City's activities and documentation as they pertain to the City’s classification. The consultant recommends performing the watershed analysis to increase the City's point total by 110 points to 1802 points to ensure the Class 7 rating is maintained for future FEMA evaluations and audits. The analysis is anticipated to be completed during FY2024-25.
Community Improvement Projects
154 City of Milpitas
331
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Watershed Analysis
Project No. New
$0 7/2/2023
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 0 150,000 0 0 0 0 150,000
Administration 0 30,000 0 0 0 0 30,000
TOTAL $0 $180,000 $0 $0 $0 $0 $180,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
0 180,000 0 0 0 0 180,000
TOTAL $0 $180,000 $0 $0 $0 $0 $180,000
Finance Notes
Operating Impact Notes
There are no operating or maintenance expenses associated with this project.
Community Improvement Projects
City of Milpitas 155
332
Item # 14.
PROJECT NO.
City Attorney Office New
Category: Community Improvement
City Council Priority: Governance and Administration
Project Location: City Hall - 3rd Floor
Managing Department: Engineering
Contact Person: Michael Silveira [3303]/
Lyhak Eam[3349]
Project Stage: Planning
Estimated Schedule
Design: 2023-2024
Construction: 2024-2025
Recurring Project: No
Description
This provide provides for the design and construction of the City Attorney office that includes two enclosure offices, a conference room, and administrative assistant workstation. Work includes construction of offices and conference room; relocation of existing fire alarm and sprinklers; HVAC, lighting, and electrical systems; procurement of furnishing; and obtaining a permit for construction.
Notes
Funding request in FY2023-24 is for the design and construction of the office on the 3rd floor of City Hall.
Community Improvement Projects
156 City of Milpitas
333
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
City Attorney Office
Project No. New
$0 7/2/2023
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 0 40,000 0 0 0 0 40,000
Administration 0 20,000 0 0 0 0 20,000
Inspection 0 5,000 0 0 0 0 5,000
Improvements 0 385,000 0 0 0 0 385,000
TOTAL $0 $450,000 $0 $0 $0 $0 $450,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
0 450,000 0 0 0 0 450,000
TOTAL $0 $450,000 $0 $0 $0 $0 $450,000
Finance Notes
Operating Impact Notes
This project may impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Community Improvement Projects
City of Milpitas 157
334
Item # 14.
PROJECT NO.
Gateway Signage New
Category: Community Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Citywide
Managing Department: Engineering/Planning
Contact Person: Ned Thomas [3273]/
Michael Silveira [3303]
Project Stage: Planning
Estimated Schedule
Design: 2023-2026
Construction: 2025-2027
Recurring Project: No
Description
This project provides for the design and construction of gateway signage with the City’s new logo at key entry points into the City. Potential priority locations will be along aerial routes of I-880, I-680, State Route 237, and Montague Expressway, and local collector streets along the City limits near the City of San Jose and Fremont. Work may include purchase of right-of-way and electrical and site improvements. The project will be phased pending available funding.
Notes
Signage are to be installed by developers on Dixon Landing Rd. near the City limits of Fremont and Landess Ave. and near the City limits of San Jose in 2023-2024. The project received a developer contribution for gateway signage, Council Resolution. No. 8421. Planning department will present potential locations for Council consideration in FY2023-2024.
Community Improvement Projects
158 City of Milpitas
335
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Gateway Signage
Project No. New
$0 7/2/2023
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 0 30,000 0 0 0 0 30,000
Administration 0 15,000 0 0 0 0 15,000
Inspection 0 5,000 0 0 0 0 5,000
Improvements 0 200,000 0 150,000 0 0 350,000
TOTAL $0 $250,000 $0 $150,000 $0 $0 $400,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Grants/Reimb./
Developer Fees 0 250,000 0 0 0 0 250,000
No Funding Source 0 0 0 150,000 0 0 150,000
TOTAL $0 $250,000 $0 $150,000 $0 $0 $400,000
Finance Notes
City Council 8/18/2014: Accepted Developer Fee of $250k per Resolution. No. 8421 - Community Benefit Fund 215.
Operating Impact Notes
This project may impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Community Improvement Projects
City of Milpitas 159
336
Item # 14.
Community Improvement Projects
160 City of Milpitas
337
Item # 14.
PARK
IMPROVEMENT
PROJECTS
Park Improvement Projects
City of Milpitas 161
338
Item # 14.
2024-28 Summary of Estimated Costs
Pg. No. Project Name Prior Year FY
2023-24
FY
2024-25
FY
2025-26
FY
2026-27
FY
2027-28 Total Cost
168 2005 Lower Penitencia Creek Pedestrian
Bridge 1,825,000 0 0 0 0 0 1,825,000
170 2012 (Rmb) Metro Linear Trails 3,270,000 0 0 0 0 0 3,270,000 172 2013 (Rmb) Trade Zone/Montague Park -
North 3,100,000 0 0 0 0 0 3,100,000
174 2023 Metro Tango Subdistrict Park 600,000 0 0 0 3,550,000 0 4,150,000 176 3424 Citywide Park Rehabilitation 2,053,497 600,000 600,000 600,000 600,000 600,000 5,053,497 178 3463 On-Call Parks and Landscaping
Services 520,000 200,000 200,000 200,000 200,000 200,000 1,520,000 180 3491 Cardoza Park Softball Fields
Improvement 800,000 0 7,000,000 0 0 0 7,800,000
182 3500 ARPA Park Rehabilitation – DPW 1,340,543 0 0 0 0 0 1,340,543 184 3501 ARPA Park Rehabilitation –
Engineering 3,270,815 0 0 0 0 0 3,270,815
186 5055 Alviso Adobe Renovation 8,159,272 200,000 0 0 0 0 8,359,272 188 5102 McCandless Park 12,154,820 0 0 0 0 0 12,154,820 190 5108 Sports Fields Turf Rehabilitation
Program 476,000 300,000 0 0 1,700,000 0 2,476,000
192 5110 Sandalwood Park Renovation 475,000 0 0 2,200,000 0 0 2,675,000 194 5113 Minor Sports Courts Rehabilitation
Program 915,000 155,000 155,000 155,000 155,000 155,000 1,690,000 196 5114 MSC Master Plan Update 150,000 0 0 0 0 0 150,000 198 New Sport Center Football Bleacher
Replacement 0 200,000 1,000,000 0 0 0 1,200,000
Total Cost $39,109,947 $1,655,000 $8,955,000 $3,155,000 $6,205,000 $955,000 $60,034,947 Funding Summary
General Government CIP Fund 100,000 0 0 0 0
Park Fund 1,555,000 0 0 0 0
TASP Impact Fees 0 0 0 3,550,000 0
Total Financing Available 1,655,000 0 0 3,550,000 0
No Funding Source 0 8,955,000 3,155,000 2,655,000 955,000 Total $1,655,000 $8,955,000 $3,155,000 $6,205,000 $955,000 Park Improvement Projects
162 City of Milpitas
339
Item # 14.
Summary of Project Funding Sources FY 2023-24
168 2005 Lower Penitencia Creek Pedestrian Bridge 0 0
170 2012 (Rmb) Metro Linear Trails 0 0
172 2013 (Rmb) Trade Zone/Montague Park - North 0 0
174 2023 Metro Tango Subdistrict Park 0 0
176 3424 Citywide Park Rehabilitation 0 600,000
178 3463 On-Call Parks and Landscaping Services 100,000 100,000 180 3491 Cardoza Park Softball Fields Improvement 0 0
182 3500 ARPA Park Rehabilitation – DPW 0 0
184 3501 ARPA Park Rehabilitation – Engineering 0 0
186 5055 Alviso Adobe Renovation 0 200,000
188 5102 McCandless Park 0 0
190 5108 Sports Fields Turf Rehabilitation Program 0 300,000 192 5110 Sandalwood Park Renovation 0 0
194 5113 Minor Sports Courts Rehabilitation Program 0 155,000 196 5114 MSC Master Plan Update 0 0
198 New Sport Center Football Bleacher
Replacement 0 200,000
Subtotal by Funding Source 100,000 1,555,000
Pg. No. Project Name General Government
CIP Fund Park Fund
Total $1,655,000
Park Improvement Projects
City of Milpitas 163
340
Item # 14.
Summary of Project Funding Sources FY 2024-25
Pg. No. Project Name No Funding Source
168 2005 Lower Penitencia Creek Pedestrian Bridge 0
170 2012 (Rmb) Metro Linear Trails 0
172 2013 (Rmb) Trade Zone/Montague Park - North 0
174 2023 Metro Tango Subdistrict Park 0
176 3424 Citywide Park Rehabilitation 600,000
178 3463 On-Call Parks and Landscaping Services 200,000 180 3491 Cardoza Park Softball Fields Improvement 7,000,000 182 3500 ARPA Park Rehabilitation – DPW 0
184 3501 ARPA Park Rehabilitation – Engineering 0
186 5055 Alviso Adobe Renovation 0
188 5102 McCandless Park 0
190 5108 Sports Fields Turf Rehabilitation Program 0
192 5110 Sandalwood Park Renovation 0
194 5113 Minor Sports Courts Rehabilitation Program 155,000 196 5114 MSC Master Plan Update 0
198 New Sport Center Football Bleacher
Replacement 1,000,000
Subtotal by Funding Source 8,955,000
Total $8,955,000
Park Improvement Projects
164 City of Milpitas
341
Item # 14.
Summary of Project Funding Sources FY 2025-26
Pg. No. Project Name No Funding Source
168 2005 Lower Penitencia Creek Pedestrian Bridge 0
170 2012 (Rmb) Metro Linear Trails 0
172 2013 (Rmb) Trade Zone/Montague Park - North 0
174 2023 Metro Tango Subdistrict Park 0
176 3424 Citywide Park Rehabilitation 600,000
178 3463 On-Call Parks and Landscaping Services 200,000 180 3491 Cardoza Park Softball Fields Improvement 0
182 3500 ARPA Park Rehabilitation – DPW 0
184 3501 ARPA Park Rehabilitation – Engineering 0
186 5055 Alviso Adobe Renovation 0
188 5102 McCandless Park 0
190 5108 Sports Fields Turf Rehabilitation Program 0
192 5110 Sandalwood Park Renovation 2,200,000
194 5113 Minor Sports Courts Rehabilitation Program 155,000 196 5114 MSC Master Plan Update 0
198 New Sport Center Football Bleacher
Replacement 0
Subtotal by Funding Source 3,155,000
Total $3,155,000
Park Improvement Projects
City of Milpitas 165
342
Item # 14.
Summary of Project Funding Sources FY 2026-27
Pg. No. Project Name TASP Impact Fees No Funding Source 168 2005 Lower Penitencia Creek Pedestrian Bridge 0 0
170 2012 (Rmb) Metro Linear Trails 0 0
172 2013 (Rmb) Trade Zone/Montague Park - North 0 0
174 2023 Metro Tango Subdistrict Park 3,550,000 0
176 3424 Citywide Park Rehabilitation 0 600,000
178 3463 On-Call Parks and Landscaping Services 0 200,000 180 3491 Cardoza Park Softball Fields Improvement 0 0
182 3500 ARPA Park Rehabilitation – DPW 0 0
184 3501 ARPA Park Rehabilitation – Engineering 0 0
186 5055 Alviso Adobe Renovation 0 0
188 5102 McCandless Park 0 0
190 5108 Sports Fields Turf Rehabilitation Program 0 1,700,000 192 5110 Sandalwood Park Renovation 0 0
194 5113 Minor Sports Courts Rehabilitation Program 0 155,000 196 5114 MSC Master Plan Update 0 0
198 New Sport Center Football Bleacher
Replacement 0 0
Subtotal by Funding Source 3,550,000 2,655,000
Total $6,205,000
Park Improvement Projects
166 City of Milpitas
343
Item # 14.
Summary of Project Funding Sources FY 2027-28
Pg. No. Project Name No Funding Source
168 2005 Lower Penitencia Creek Pedestrian Bridge 0
170 2012 (Rmb) Metro Linear Trails 0
172 2013 (Rmb) Trade Zone/Montague Park - North 0
174 2023 Metro Tango Subdistrict Park 0
176 3424 Citywide Park Rehabilitation 600,000
178 3463 On-Call Parks and Landscaping Services 200,000 180 3491 Cardoza Park Softball Fields Improvement 0
182 3500 ARPA Park Rehabilitation – DPW 0
184 3501 ARPA Park Rehabilitation – Engineering 0
186 5055 Alviso Adobe Renovation 0
188 5102 McCandless Park 0
190 5108 Sports Fields Turf Rehabilitation Program 0
192 5110 Sandalwood Park Renovation 0
194 5113 Minor Sports Courts Rehabilitation Program 155,000 196 5114 MSC Master Plan Update 0
198 New Sport Center Football Bleacher
Replacement 0
Subtotal by Funding Source 955,000
Total $955,000
Park Improvement Projects
City of Milpitas 167
344
Item # 14.
PROJECT NO.
Lower Penitencia Creek
Pedestrian Bridge
2005
Category: Park Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: McCandless Park at Lower
Penitencia Channel
Managing Department: Engineering
Contact Person:
Michael Silveira [3303]/
Lyhak Eam[3349]
Project Stage: Design
Estimated Schedule
Design: 2024-2025
Construction: 2025-2026
Recurring Project: No
Description
This project provides for the design and construction of a new pedestrian bridge over Lower Penitencia Channel.
The bridge will connect Santa Clara Valley Water District's (SCVWD) multi-use trail along Centre Pointe residential development to the McCandless Park.
Notes
Right-of-way agreement is required with Santa Clara Valley Water district for the bridge installation. The design is anticipated to start in FY2024-25 and construction in FY2025-26. (Not In TADIF) Park Improvement Projects
168 City of Milpitas
345
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Lower Penitencia Creek Pedestrian Bridge
Project No. 2005
$1,389,000 3/17/2015
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 290,000 0 0 0 0 0 290,000
Administration 225,000 0 0 0 0 0 225,000
Inspection 150,000 0 0 0 0 0 150,000
Improvements 1,160,000 0 0 0 0 0 1,160,000
TOTAL $1,825,000 $0 $0 $0 $0 $0 $1,825,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Grants/Reimb./
Developer Fees 842,842 0 0 0 0 0 842,842
TASP Impact Fees 982,158 0 0 0 0 0 982,158
TOTAL $1,825,000 $0 $0 $0 $0 $0 $1,825,000
Finance Notes
City Council 3/17/15 - Project created with budget appropriation of $150k from TASP Impact Fees.
Developer Fees: Contributions include $50k from Harmony, $250k from Taylor Morrison (District 2), $169,718 from D.R. Horton/CentrePoint, $80,282 from Houret.
Developer Fees: DR Horton was reimbursed $32,842 for the trail.
In FY2016-17, $150k in prior year funding from TASP Impact Fees funding was replaced with Developer Fees.
City Council 2/5/19 - Approved processing SCVWD D3 Grant application.
On 4/23/2019, the project was awarded $60k SCVWD D3 Grant.
Operating Impact Notes
This project is anticipated to impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Park Improvement Projects
City of Milpitas 169
346
Item # 14.
PROJECT NO.
(Rmb) Metro Linear Trails 2012
Category: Park Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Milpitas Metro Specific Plan
Managing Department: Engineering
Contact Person: Steve Chan [3324]/
Roberto Alonzo [3316]
Project Stage: Planning
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: No
Description
This project provides for reimbursement to developers to construct linear trail segments as specified in the Milpitas Metro Area Specific Plan.
Notes
Majority of the linear trail segments have been completed. The remaining segment to be constructed is on the west side of Penitence Creek between Montague Expressway and Lundy Place. The City reimbursed Anton Development ($189K) and Lennar Homes ($310k) for trails improvements in June 2022. (TASP ID: DB#41/42) Park Improvement Projects
170 City of Milpitas
347
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
(Rmb) Metro Linear Trails
Project No. 2012
$2,758,000 7/1/2019
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Improvements 3,270,000 0 0 0 0 0 3,270,000
TOTAL $3,270,000 $0 $0 $0 $0 $0 $3,270,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total TASP Impact Fees 3,270,000 0 0 0 0 0 3,270,000
TOTAL $3,270,000 $0 $0 $0 $0 $0 $3,270,000
Finance Notes
Operating Impact Notes
This project may impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Park Improvement Projects
City of Milpitas 171
348
Item # 14.
PROJECT NO.
(Rmb) Trade Zone/Montague
Park - North
2013
Category: Park Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Milpitas Metro Specific Plan
Managing Department: Engineering
Contact Person: Steve Chan [3324]/
Roberto Alonzo [3316]
Project Stage: Planning
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: No
Description
This project provides for reimbursement to developers to construct a new linear park north of Penitencia Creek between Montague Expressway and city limits of San Jose in the Trade Zone/Montague Park sub-district as specified in Milpitas Metro Specific Plan.
Notes
The City reimbursed Anton Development ($1.12M) for the park improvements in June 2022. (TASP ID: DB#30) Park Improvement Projects
172 City of Milpitas
349
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
(Rmb) Trade Zone/Montague Park - North
Project No. 2013
$1,977,000 7/1/2019
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Improvements 3,100,000 0 0 0 0 0 3,100,000
TOTAL $3,100,000 $0 $0 $0 $0 $0 $3,100,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total TASP Impact Fees 3,100,000 0 0 0 0 0 3,100,000
TOTAL $3,100,000 $0 $0 $0 $0 $0 $3,100,000
Finance Notes
Operating Impact Notes
This project may impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Park Improvement Projects
City of Milpitas 173
350
Item # 14.
PROJECT NO.
Metro Tango Subdistrict
Park
2023
Category: Park Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Expedition Lane, Sango Ct. and
Tarob Ct.
Managing Department: Parks & Recreation/Engineering
Contact Person:
Renee Lorentzen [3409]/
Michael Silveira [3303]
Project Stage: Planning
Estimated Schedule
Design: TBD
Construction: TBD
Recurring Project: No
Description
This project provides for the design and construction of a new 5-acre City park within the Tango Subdistrict of the Milpitas Metro Specific Plan area. The park will be adjacent to Expedition Lane, Sango Court, and Tarob Court.
Park may include benches, community center, landscaping and irrigation system, pedestrian pathways, picnic areas, sports fields or courts, and other passive recreation facilities.
Notes
Rapbone Park (0.75 acres) was completed by K. Hovnanian Homes in 2017. The City purchased 1700 Sango Court (1.3-acres) and 1831 Tarob Court (2.5-acres) and needs to acquire a strip of land on 1901 Tarob Ct. and
0.45 acres property on Sango Ct. (APN 86-036-011) to complete the land requirement for the park. Coordination is required with the S. Milpitas Blvd. Vehicle Bridge at Penitencia Creek Project (#2016) to define the park limits and boundaries. The project schedule will be determined once the remaining lands are acquired. (TASP ID:
DB#28)
Park Improvement Projects
174 City of Milpitas
351
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Metro Tango Subdistrict Park
Project No. 2023
$576,000 7/1/2019
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 475,000 0 0 0 0 0 475,000
Administration 125,000 0 0 0 0 0 125,000
Inspection 0 0 0 0 50,000 0 50,000
Improvements 0 0 0 0 3,500,000 0 3,500,000
TOTAL $600,000 $0 $0 $0 $3,550,000 $0 $4,150,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total TASP Impact Fees 600,000 0 0 0 3,550,000 0 4,150,000
TOTAL $600,000 $0 $0 $0 $3,550,000 $0 $4,150,000
Finance Notes
Operating Impact Notes
This project is anticipated to impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Park Improvement Projects
City of Milpitas 175
352
Item # 14.
PROJECT NO.
Citywide Park Rehabilitation 3424
Category: Park Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Citywide Parks
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Michael Springer [2647]
Project Stage: Construction
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: Yes
Description
This project provides for rehabilitation of citywide parks needing minor improvements. Work may include assessment of amenities; repairs and replacement of site furnishings and playground equipment and surfacing; signage installation; and minor improvements such as fencing, landscape and irrigation system, park lighting, pathways, restrooms, trails, etc. Park rehabilitation will be prioritized according to the adopted Park & Recreation Master Plan Update, dated December 14, 2021.
Notes
Public Works completed asphalt pathway repairs at Hillcrest and Peter Gill Memorial Parks, removed the deteriorating and hazardous observation deck at Hall Memorial Park in FY2021-22, and repaired the fence and pedestrian bridge at Ed Levin Park in FY2022-23.
Funding request in FY2023-24 is for repairing the trails adjacent to Coyote Creek and Hetch Hetchy adjacent to Oliver Jones Park; repairing the asphalt pathway at Strickroth Park; replacing various site furnishing at various parks; fence repairs at Sports Center Complex, Dixon Landing Park and Peter Gill Memorial Park; and on-call service contract for playground repairs.
Park Improvement Projects
176 City of Milpitas
353
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Citywide Park Rehabilitation
Project No. 3424
$270,000 7/1/2016
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Administration 60,000 0 0 0 0 0 60,000
Inspection 30,000 0 0 0 0 0 30,000
Improvements 1,923,497 600,000 600,000 600,000 600,000 600,000 4,923,497 Equipment 40,000 0 0 0 0 0 40,000
TOTAL $2,053,497 $600,000 $600,000 $600,000 $600,000 $600,000 $5,053,497 Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
503,497 0 0 0 0 0 503,497
Midtown Park Fund 800,000 0 0 0 0 0 800,000
Park Fund 750,000 600,000 0 0 0 0 1,350,000
No Funding Source 0 0 600,000 600,000 600,000 600,000 2,400,000 TOTAL $2,053,497 $600,000 $600,000 $600,000 $600,000 $600,000 $5,053,497 Finance Notes
City Council 6/2/2020 - $450k in prior years funding from the General Government CIP Fund was defunded to address the projected shortfalls in the General Fund.
City Council 6/15/2021 - Budget Appropriation of $275,437 from General Government CIP Fund.
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Park Improvement Projects
City of Milpitas 177
354
Item # 14.
PROJECT NO.
On-Call Parks and
Landscaping Services
3463
Category: Park Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Citywide Parks
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Michael Springer [2647]
Project Stage: Construction
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: Yes
Description
This project provides for on-call maintenance and repair services at all City parks and street landscape areas.
Work may include, but is not limited to, repair and replacement of irrigation valves and main lines, irrigation controllers, landscaping, drainage, pathways, playground equipment and surfacing, sport courts and fields, picnic areas, lighting, parks buildings and restrooms, and other amenities as needed.
Notes
Park Improvement Projects
178 City of Milpitas
355
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
On-Call Parks and Landscaping Services
Project No. 3463
$141,000 7/1/2020
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Improvements 520,000 200,000 200,000 200,000 200,000 200,000 1,520,000 TOTAL $520,000 $200,000 $200,000 $200,000 $200,000 $200,000 $1,520,000 Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Community
Facilities District 150,000 0 0 0 0 0 150,000
General
Government CIP
Fund
370,000 100,000 0 0 0 0 470,000
Park Fund 0 100,000 0 0 0 0 100,000
No Funding Source 0 0 200,000 200,000 200,000 200,000 800,000 TOTAL $520,000 $200,000 $200,000 $200,000 $200,000 $200,000 $1,520,000 Finance Notes
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Park Improvement Projects
City of Milpitas 179
356
Item # 14.
PROJECT NO.
Cardoza Park Softball Fields
Improvement
3491
Category: Park Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Cardoza Park
Managing Department: Parks & Recreation
Contact Person: Michael Silveira [3303]/
Lyhak Eam[3349]
Project Stage: Planning
Estimated Schedule
Design: 2023-2026
Construction: 2026-2028
Reoccurring Project: No
Description
This project provides for the design and construction of new softball fields at Cardoza Park. Work includes bleachers, chain link fencing, demolition, dugout with player benches, earthworks, field lighting system, field lawn and irrigation system, hooded backstop, infield, pathways adjacent to fields, scorebroads, and storm drain improvements.
Notes
The adopted Parks and Recreation Master Plan includes a conceptual plan for a 3- and 4-field option to assist staff with planning of the project. Workplan in FY2022-23 is to obtain a design consultant to provide preliminary designs, community outreach, and environmental review under CEQA. Construction is anticipated to start FY2026-27 pending funding and approval of field option. Estimate for improvements only includes construction of softball fields and may increase due to environmental mitigation measures for parking lot, roadway, and traffic improvements and site improvements of furnishings, landscape areas, irrigation system, picnic areas, pathways, storm drain system, etc. This project is not fully funded at this time.
Park Improvement Projects
180 City of Milpitas
357
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Cardoza Park Softball Fields Improvement
Project No. 3491
$796,000 7/1/2021
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 650,000 0 350,000 0 0 0 350,000
Administration 150,000 0 250,000 0 0 0 250,000
Inspection 0 0 100,000 0 0 0 100,000
Improvements 0 0 6,300,000 0 0 0 6,300,000
TOTAL $800,000 $0 $7,000,000 $0 $0 $0 $7,000,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
300,000 0 0 0 0 0 0
Park Fund 500,000 0 0 0 0 0 0
No Funding Source 0 0 7,000,000 0 0 0 7,000,000
TOTAL $800,000 $0 $7,000,000 $0 $0 $0 $7,000,000
Finance Notes
Operating Impact Notes
This project is anticipated to impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Park Improvement Projects
City of Milpitas 181
358
Item # 14.
PROJECT NO.
ARPA Park Rehabilitation –
DPW
3500
Category: Park Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Park Facilities
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Michael Springer [2647]
Project Stage: Construction
Estimated Schedule
Design: Completed
Construction: 2023-2024
Reoccurring Project: No
Description
This project provides for the design and construction to address health and safety repairs and short-term improvements at seven City parks. The improvements will improve the condition of the parks as identified in critical and poor condition as specified in the adopted Park & Recreation Master Plan Update, dated December 14, 2021. Work includes improvements to playground equipment and surfacing and pathway repairs.
Notes
This project was approved by City Council as part of the American Rescue Plan Act Investment Plan on August 9, 2021. On 12/6/2022, City Council awarded a construction contract to repair and/or replace play equipment and surfacing at Cerano, John McDermott, O’Toole Elms, Pinewood, Selwyn, Sunnyhills Albert Augustine Jr.
Memorial, and Tom Evatt parks. The project is anticipated to start in winter 2023 and to be completed in fall 2023.
On 12/20/2022, City Council accepted a Per Capita Grant Funds from the State Department of Parks and Recreation for Sunnyhills Albert Augustine Jr. Memorial that services disadvantaged communities.
Park Improvement Projects
182 City of Milpitas
359
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
ARPA Park Rehabilitation – DPW
Project No. 3500
$468,000 8/9/2021
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 150,000 0 0 0 0 0 150,000
Administration 50,000 0 0 0 0 0 50,000
Improvements 1,140,543 0 0 0 0 0 1,140,543
TOTAL $1,340,543 $0 $0 $0 $0 $0 $1,340,543
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Grants/Reimb./
Developer Fees 1,340,543 0 0 0 0 0 1,340,543
TOTAL $1,340,543 $0 $0 $0 $0 $0 $1,340,543
Finance Notes
City Council 8/9/2021 - approved American Rescue Plan Act funding for this project.
City Council 12/20/2022 - Accepted Per Captia Grant Fund for $224,543.
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Park Improvement Projects
City of Milpitas 183
360
Item # 14.
PROJECT NO.
ARPA Park Rehabilitation –
Engineering
3501
Category: Park Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Park Facilities
Managing Department: Engineering
Contact Person: Michael Silveira [3303]/
Lyhak Eam[3349]
Project Stage: Design
Estimated Schedule
Design: 2023-2024
Construction: 2024-2025
Reoccurring Project: No
Description
This project provides for the design and construction to address health and safety repairs and short-term improvements at 13 City parks. The improvements will improve the condition of parks as identified in critical and poor condition as specified in the Adopted Park & Recreation Master Plan Update, dated December 14, 2021. Work includes improvements to fitness station and playground areas, decorative pavement areas, pathways, site amenities and furnishings, drainage, and restrooms.
Notes
This project was approved by City Council as part of the American Rescue Plan Act Investment Plan on August 9, 2021. Engineering started the design in winter 2023 and is anticipating to start construction in spring 2024.
Improvements to occur at Ben Rogers, Foothill, Hidden Lake, Murphy, Oliver Jones, Parc Metro West, Robert E.
Browe, Sandalwood, Sinnott, Strickroth, Starlite, and Sunnyhills Albert Augustine Jr. Memorial parks.
Park Improvement Projects
184 City of Milpitas
361
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
ARPA Park Rehabilitation – Engineering
Project No. 3501
$2,867,000 8/9/2021
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 400,000 0 0 0 0 0 400,000
Administration 150,000 0 0 0 0 0 150,000
Inspection 50,000 0 0 0 0 0 50,000
Improvements 2,670,815 0 0 0 0 0 2,670,815
TOTAL $3,270,815 $0 $0 $0 $0 $0 $3,270,815
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Grants/Reimb./
Developer Fees 3,270,815 0 0 0 0 0 3,270,815
TOTAL $3,270,815 $0 $0 $0 $0 $0 $3,270,815
Finance Notes
City Council 8/9/2021 - approved American Rescue Plan Act funding for this project.
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Park Improvement Projects
City of Milpitas 185
362
Item # 14.
PROJECT NO.
Alviso Adobe Renovation 5055
Category: Park Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: 2087 Alviso Adobe Court
Managing Department: Engineering
Contact Person: Michael Silveira [3303]/
Lyhak Eam[3349]
Project Stage: Ph 5: Warranty
Estimated Schedule
Design: Completed
Construction: Completed
Recurring Project: No
Description
In 1997, the City purchased the historic Alviso Adobe property, located at 2087 Alviso Adobe Court, for construction of a new City park including renovation of the existing 1850s buildings. Park construction would be completed in five phases over several years. Phases 1 thru 4 completed installation of park amenities, ADA access improvements, and seismic upgrades and exterior renovation of the historic adobe house and outbuilding.
Phase 5 provides for the interior restoration of the first floor of the Alviso Adobe House and installation of period furnishing, decorations and exhibits.
Notes
Interior restoration was completed in fall 2020. Historical exhibits and media installation was completed and open to the public in fall 2022. City Council granted acceptance of improvements on 3/7/2023. Funding request in FY2023-24 is for the design and installation of the HVAC system to control the temperature of the building during public tours and the second floor where the audio video equipment is located.
Park Improvement Projects
186 City of Milpitas
363
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Alviso Adobe Renovation
Project No. 5055
$40,000 7/1/2002
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 494,000 30,000 0 0 0 0 524,000
Administration 295,000 20,000 0 0 0 0 315,000
Inspection 336,000 0 0 0 0 0 336,000
Improvements 6,977,972 150,000 0 0 0 0 7,127,972
Others 56,300 0 0 0 0 0 56,300
TOTAL $8,159,272 $200,000 $0 $0 $0 $0 $8,359,272
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
1,360,000 0 0 0 0 0 1,360,000
Grants/Reimb./
Developer Fees 848,868 0 0 0 0 0 848,868
Midtown Park Fund 262,042 0 0 0 0 0 262,042
Park Fund 5,688,362 200,000 0 0 0 0 5,888,362
TOTAL $8,159,272 $200,000 $0 $0 $0 $0 $8,359,272
Finance Notes
Grants/Reimb./Developer Fees Includes:
• SCC Historical & Heritage Grant of $60,138 + $59,000 + $54,000 = $173,183 received on 5/2008; • SCC Open Space Authority Grant of $356,837;
• Piedmont 237 Limited Liability Corporation (LLC) of $3,935; • Milpitas Historical Society of $13,607 received 08/2008; • SCC Historical & Heritage Grant of $85,000 received FY 11-12; • SCC Historical & Heritage Grant of $62,958 was awarded on March 20, 2018. • City Council 2/7/12 – Mid-Year Budget Appropriation of $83,393 from Milpitas Historical Society and $70K from SCVWD "Trails & Open Spaces Grant".
FY 10-11 Park Fund $2,500,000.
City Council 12/4/18 - Mid-Year Budget Appropriation of $300K from General Government CIP Funds.
Operating Impact Notes
This project is anticipated to impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Park Improvement Projects
City of Milpitas 187
364
Item # 14.
PROJECT NO.
McCandless Park 5102
Category: Park Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: 1650 McCandless Drive
Managing Department: Engineering
Contact Person: Michael Silveira [3303]/
Lyhak Eam[3349]
Project Stage: Ph 1&2: Warranty
Ph 3: Construction
Estimated Schedule
Design: Completed
Construction: Ph 1&2: Completed
Ph3: 2024-2026
Recurring Project: No
Description
This project provides for the design and construction of a new 4-acre public park on McCandless Drive, adjacent to the new Mabel Mattos elementary school, as specified in the Milpitas Metro Specific Plan. The park includes joint-use area for the City and the elementary school, sport field, picnic areas, all-inclusive play areas, dog play area, fitness stations, community and butterfly gardens, walking trails, and restroom.
Notes
Construction of Phase 1 was completed in winter 2023 which included picnic areas, play areas, small dog play area, fitness stations, community and butterfly gardens, pathways, restroom, utilities, landscaping, and irrigation system. Construction of Phase 2 (sports field) was completed in winter 2023. Construction schedule for Phase 3 (large dog play area) will be coordinated with Lower Penitencia Creek Pedestrian Bridge (#2005) and McCandless Well (#7076) projects which is anticipated for FY2024-25.
On 9/18/2018, City Council accepted a grant from Santa Clara County's Safe All-Access Playground Grant for the construction of the playground and park amenities. On 1/11/2022, City Council approved an amendment to the Cost Share Agreement between MUSD and City for MUSD to partially reimburse the City for the construction of the school's playground area, butterfly garden, water main relocation, and sport field. (TASP ID: DB#22) Park Improvement Projects
188 City of Milpitas
365
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
McCandless Park
Project No. 5102
$910,000 4/7/2015
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 1,275,000 0 0 0 0 0 1,275,000
Administration 200,000 0 0 0 0 0 200,000
Inspection 200,000 0 0 0 0 0 200,000
Improvements 10,479,820 0 0 0 0 0 10,479,820
TOTAL $12,154,820 $0 $0 $0 $0 $0 $12,154,820
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
597,335 0 0 0 0 0 597,335
Grants/Reimb./
Developer Fees 1,182,485 0 0 0 0 0 1,182,485
TASP Impact Fees 10,375,000 0 0 0 0 0 10,375,000
TOTAL $12,154,820 $0 $0 $0 $0 $0 $12,154,820
Finance Notes
City Council 4/7/15 - Project created with Budget Appropriation of $300k from TASP Impact Fees.
City Council 2/21/17 - Budget Appropriation of $400K from TASP Impact Fees.
City Council 9/18/18 - County Safe All-Access Playground Grant approved for $779,820.
City Council 12/4/18 - Mid-Year Budget Appropriation of $1M from General Government CIP Funds.
City Council 2/21/23 - Mid-Year Budget Appropriation of $402,665 replaced General Government CIP Funds in prior years with the reimbursement from the MUSD per the Cost Share Agreement.
Operating Impact Notes
This project is anticipated to impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Park Improvement Projects
City of Milpitas 189
366
Item # 14.
PROJECT NO.
Sports Fields Turf
Rehabilitation Program
5108
Category: Park Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Citywide Sport Fields
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Michael Springer [2647]
Project Stage: Construction
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: Yes
Description
This project provides for rehabilitation and restoration of the City's turf fields. The program addresses deferred maintenance, trip hazards, and over compaction which impacts the health and growth of the turf. Work may include re-sodding, re-seeding, repairs to the irrigation system, and minor hardscape improvements.
Notes
Workplan in FY2022-23 is to replace the tee-ball and softball infields at the Sports Center Complex, rehabilitate the soccer fields at Hall Park and improve the drainage system turf area at the softball field in Cardoza Park.
Funding request in FY2023-24 is for the rehabilitation of the infields and warming tracks at Dixon Landing and Peter Gill Memorial parks, and the soccer fields at Murphy Park. Planned funding request in FY2026-27 is for replacement of the football and soccer synthetic fields at the Sports Center Complex that is reaching its life expectancy of 15 years. This project is only partially funded.
Park Improvement Projects
190 City of Milpitas
367
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Sports Fields Turf Rehabilitation Program
Project No. 5108
$333,000 7/1/2017
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Administration 35,000 50,000 0 0 0 0 85,000
Improvements 441,000 250,000 0 0 1,700,000 0 2,391,000
TOTAL $476,000 $300,000 $0 $0 $1,700,000 $0 $2,476,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Midtown Park Fund 425,000 0 0 0 0 0 425,000
Park Fund 51,000 300,000 0 0 0 0 351,000
No Funding Source 0 0 0 0 1,700,000 0 1,700,000
TOTAL $476,000 $300,000 $0 $0 $1,700,000 $0 $2,476,000
Finance Notes
City Council 6/4/2020 - $250K in prior years funding from the General Government CIP Fund was defunded to address the projected shortfalls in the General Fund.
City Council 6/4/2020 - $49K in prior years funding from Park Funds was allocated for other projects in FY 2020-21.
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Park Improvement Projects
City of Milpitas 191
368
Item # 14.
PROJECT NO.
Sandalwood Park Renovation 5110
Category: Park Improvement
City Council Priority: Community Wellness and Open
Space
Project Location:
Escuela Parkway between
Russell Lane and Sandalwood
Court.
Managing Department: Engineering
Contact Person: Michael Silveira [3303]/
Lyhak Eam[3349]
Project Stage: Design
Estimated Schedule
Design: Completed
Construction: 2025-2027
Recurring Project: No
Description
This project provides for the design and construction of Sandalwood Park located on Escuela Parkway between Russell Lane and Sandalwood Court. The 3.9-acre neighborhood park was constructed in 1978 and expanded in 1988. Improvements include a new picnic and playground area, ADA access and pathway improvements, renovation of irrigation and landscaping, and installation of a restroom.
Notes
The San Francisco Public Utilities Commission (SFPUC) owns an 80' wide waterline parcel in the middle of the park. The design is completed, and permitting and construction is anticipated for FY 2025-26, pending funding.
Park Improvement Projects
192 City of Milpitas
369
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Sandalwood Park Renovation
Project No. 5110
$235,000 7/1/2015
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 195,000 0 0 50,000 0 0 245,000
Administration 165,000 0 0 200,000 0 0 365,000
Inspection 65,000 0 0 50,000 0 0 115,000
Improvements 50,000 0 0 1,900,000 0 0 1,950,000
TOTAL $475,000 $0 $0 $2,200,000 $0 $0 $2,675,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Park Fund 475,000 0 0 0 0 0 475,000
No Funding Source 0 0 0 2,200,000 0 0 2,200,000
TOTAL $475,000 $0 $0 $2,200,000 $0 $0 $2,675,000
Finance Notes
In FY2019-20, $1.1M in prior year funding from Park Fund was revised to General Fund Reserves.
City Council 6/4/2020 - $1.25M in prior years funding from the General Government CIP Fund was defunded to address the projected shortfalls in the General Fund.
City Council 6/4/2020 - $600K in prior years funding from Park Fund was allocated for other projects in FY 2020-21.
Operating Impact Notes
This project is anticipated to impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Park Improvement Projects
City of Milpitas 193
370
Item # 14.
PROJECT NO.
Minor Sports Courts
Rehabilitation Program
5113
Category: Park Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Citywide Sports Courts
Managing Department: Public Works
Contact Person: Christian Di Renzo [2602]/
Michael Springer [2647]
Project Stage: Construction
Estimated Schedule
Design: Ongoing
Construction: Ongoing
Recurring Project: Yes
Description
This project provides for minor improvements and rehabilitation of the City's tennis, basketball, and sport courts.
Work may include assessment of courts, resurfacing and restriping, replacement or repairs of amenities such as basketball poles, backbroad, and hoops; tennis court fabric netting and fence enclosures; electric score broads, etc.
Notes
Public Works completed resurfacing and restriping of the tennis courts at Hall Memorial Park; basketball courts at Peter Gill Memorial Park; repairs of the basketball and tennis courts posts at Tom Evatt Park; and installation of Pickleball courts at Peter Gill Memorial Park in FY2021-22 and FY2022-23. Workplan in FY2022-23 is to replace the electronic score boards at Dixon Landing Park and Sports Center Complex; replace the tennis court fabric at Hall and Dixon Parks; and replace park rule signage at various parks.
Funding request in FY2023-24 is for resurfacing and restriping the tennis courts at Dixon Landing, Robert E.
Browne, and Pinewood Park; resurfacing and restriping the basketball courts at Selwyn Park; and replacing park rule signage at various parks. On March 15, 2022, City Council approved Pickleball Pilot Program at Peter Gill Park and Public Works completed the installation in summer 2022. The program started in summer 2022 for a minimum of 6 months. Parks & Recreation will present the findings of the pilot to City Council in winter 2023. The project is only partially funded.
Park Improvement Projects
194 City of Milpitas
371
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Minor Sports Courts Rehabilitation Program
Project No. 5113
$380,000 7/1/2018
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Administration 85,000 0 0 0 0 0 85,000
Improvements 830,000 155,000 155,000 155,000 155,000 155,000 1,605,000 TOTAL $915,000 $155,000 $155,000 $155,000 $155,000 $155,000 $1,690,000 Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total General
Government CIP
Fund
75,000 0 0 0 0 0 75,000
Midtown Park Fund 537,500 0 0 0 0 0 537,500
Park Fund 302,500 155,000 0 0 0 0 457,500
No Funding Source 0 0 155,000 155,000 155,000 155,000 620,000 TOTAL $915,000 $155,000 $155,000 $155,000 $155,000 $155,000 $1,690,000 Finance Notes
City Council 3/15/2022 - Budget Appropriation of $75k from General Government CIP Funds.
Operating Impact Notes
There are no additional operating impacts anticipated from this project. Any additional maintenance costs that occur will be absorbed within the annual maintenance operating budget.
Park Improvement Projects
City of Milpitas 195
372
Item # 14.
PROJECT NO.
MSC Master Plan Update 5114
Category: Park Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: 1325 E. Calaveras Blvd.
Managing Department: Parks & Recreation/Engineering
Contact Person: Renee Lorentzen [3409]/
Michael Silveira [3303]
Project Stage: Project Closure
Estimated Schedule
Design: —
Construction: —
Recurring Project: No
Description
This project provides for an update to the Milpitas Sports Center (MSC) Master Plan, dated 2000. MSC is a 24- acre facility, located at 1325 E Calaveras Blvd., that provides the community different sporting activities such as adult fitness; swimming program; a gym for basketball; football, soccer and baseball fields; and picnic areas. Since the completion of the master plan, there have been several renovation or construction projects completed including football/soccer fields, Cardoza Park play areas, pool and locker room area, and skate park.
The update will revise several elements of the master plan to include added and planned amenities and vehicular, bicycle and pedestrian circulation. It will review renovation of the baseball fields and improvement recommendations including ADA access improvements, drainage, and irrigation.
Notes
Park Improvement Projects
196 City of Milpitas
373
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
MSC Master Plan Update
Project No. 5114
$25,000 7/1/2010
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 140,000 0 0 0 0 0 140,000
Administration 10,000 0 0 0 0 0 10,000
TOTAL $150,000 $0 $0 $0 $0 $0 $150,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Park Fund 150,000 0 0 0 0 0 150,000
TOTAL $150,000 $0 $0 $0 $0 $0 $150,000
Finance Notes
Operating Impact Notes
There are no operating or maintenance expenses associated with this project.
Close at the end of Fiscal Year: June 30, 2023
Park Improvement Projects
City of Milpitas 197
374
Item # 14.
PROJECT NO.
Sport Center Football
Bleacher Replacement
New
Category: Park Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Sport Center Complex
Managing Department: Engineering
Contact Person: Michael Silveira [3303]/
Lyhak Eam[3349]
Project Stage: Planning
Estimated Schedule
Design: 2023-2024
Construction: 2024-2025
Recurring Project: No
Description
The project provides for design and construction of the westerly football bleachers at the Sport Center Complex.
The bleachers were installed in the 1970s and is not in compliance with current building code and ADA regulations. Work includes removal of existing bleachers, installation of new bleachers that are compliant with the current building code and ADA regulations, providing ADA accessible routes and pathways, and storm drain improvements to comply with State regulations.
Notes
Funding request in FY2023-24 is for the planning and design of the project. Planned funding request in FY2024-25 is for the construction of the new bleachers and associated site improvements. Construction is anticipated in 2025 pending funding.
Park Improvement Projects
198 City of Milpitas
375
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Sport Center Football Bleacher Replacement
Project No. New
$0 7/2/2023
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 0 150,000 0 0 0 0 150,000
Administration 0 50,000 50,000 0 0 0 100,000
Inspection 0 0 50,000 0 0 0 50,000
Improvements 0 0 900,000 0 0 0 900,000
TOTAL $0 $200,000 $1,000,000 $0 $0 $0 $1,200,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Park Fund 0 200,000 0 0 0 0 200,000
No Funding Source 0 0 1,000,000 0 0 0 1,000,000
TOTAL $0 $200,000 $1,000,000 $0 $0 $0 $1,200,000
Finance Notes
Operating Impact Notes
This project may impact operating expenses in future years. As the scope of this project is better defined through the design process, operating impacts will be reviewed and adjustments may be brought forward in future budgets.
Park Improvement Projects
City of Milpitas 199
376
Item # 14.
Park Improvement Projects
200 City of Milpitas
377
Item # 14.
STREET
IMPROVEMENT
PROJECTS
Street Improvement Projects
City of Milpitas 201
378
Item # 14.
214 2001 Light Rail Median Landscaping 5,996,000 0 0 0 0 0 5,996,000 216 2008 Montague Pedestrian
Overcrossing at Piper Dr. 8,750,000 0 0 0 0 0 8,750,000 218 2016 S. Milpitas Blvd. Vehicle Bridge
at Penitencia 6,400,000 0 6,300,000 0 0 0 12,700,000
220 2018 Montague Ped. Overcrossing at
Penitencia 3,500,000 0 0 21,500,000 0 0 25,000,000
222 2021 Costa Street Plan Line Study 125,000 0 0 0 0 0 125,000 224 2022 Feasibility of POCs at VTA Light
Rail Platforms 200,000 0 0 0 0 0 200,000
226 3402 McCarthy Blvd. LLMD
Improvement 95-1 1,032,256 66,500 66,500 66,500 66,500 66,500 1,364,756 228 3411 Sinclair LLMD Improvements
98-1 229,875 22,600 22,600 22,600 22,600 22,600 342,875 230 3425 Main St. Utility Undergrounding 180,613 0 600,000 1,500,000 0 0 2,280,613 232 3426 Annual Sidewalk, Curb & Gutter
Repair 2,396,840 890,000 890,000 890,000 890,000 890,000 6,846,840 234 3430 Main St. Street Light Project 300,000 0 0 2,400,000 350,000 2,050,000 5,100,000 236 3440 Annual Street Light, Signal, and
Signage 1,669,432 825,000 835,000 605,000 605,000 605,000 5,144,432 238 3448 Trail, Bicycle, Pedestrian Master
Plan Update 293,541 0 0 0 0 0 293,541
240 3449 Street Landscape Irrigation
Repair 486,000 320,000 320,000 320,000 320,000 320,000 2,086,000 242 3454 Enhanced Crosswalk Striping
and Beacons 603,000 0 0 0 0 0 603,000
244 3455 Pilot Street Sweeping Program 700,000 0 0 0 0 0 700,000 246 3458 Radar Speed Feedback
Signage 400,000 0 0 0 0 0 400,000
248 4179 Montague Expwy Widening at
Great Mall Pkwy 8,619,537 0 0 0 0 0 8,619,537
250 4258 Calaveras Blvd. Widening
Project 5,106,960 0 0 0 0 0 5,106,960
252 4265 Bart Extension Coordination
and Planning 2,480,956 0 0 0 0 0 2,480,956
254 4267 Soundwall and Barrier Repair
and Renovation Program 1,178,466 210,000 210,000 210,000 210,000 210,000 2,228,466 256 4274 I-880 Interchange Right-of-Way
Closeout 727,181 0 0 0 0 0 727,181
258 4283 ADA Curb Ramp Transition
Program 2,270,801 400,000 400,000 400,000 300,000 300,000 4,070,801 260 4288 Traffic Studies & Minor
Improvements 200,000 0 100,000 0 100,000 0 400,000
262 4290 Annual Bridge Rehabilitation 250,000 0 460,000 180,000 180,000 180,000 1,250,000 264 4293 Citywide Traffic Safety
Assessment 400,000 0 0 0 0 0 400,000
266 4294 SR237 HOV Lane
Improvements 300,000 0 0 0 0 0 300,000
2024-28 Summary of Estimated Costs
Pg. No. Project Name Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Cost Street Improvement Projects
202 City of Milpitas
379
Item # 14.
268 4295 Street Pavement Restriping
Program 400,000 200,000 200,000 200,000 200,000 200,000 1,400,000 270 4297 Citywide Traffic Modeling 400,000 0 0 0 0 0 400,000 272 4298 Street Resurfacing Project
2020-21 4,600,000 0 0 0 0 0 4,600,000
274 4303 Street Resurfacing Project
2021-22 4,300,000 0 0 0 0 0 4,300,000
276 4304 Street Resurfacing Project
2022-23 4,000,000 0 0 0 0 0 4,000,000
278 4306 Bike and Pedestrian Outreach 129,000 0 0 0 0 0 129,000 280 Plan Street Resurfacing Project
2023-24 0 4,000,000 0 0 0 0 4,000,000
282 Plan Street Resurfacing Project
2024-25 0 0 4,000,000 0 0 0 4,000,000
284 Plan Street Resurfacing Project
2025-26 0 0 0 4,000,000 0 0 4,000,000
286 Plan Street Resurfacing Project
2026-27 0 0 0 0 4,000,000 0 4,000,000
288 New Street Resurfacing Project
2027-28 0 0 0 0 0 4,000,000 4,000,000
290 New Bicycle Improvement Project 0 1,000,000 0 0 0 0 1,000,000 Total Cost $68,625,458 $7,934,100 $14,404,100 $32,294,100 $7,244,100 $8,844,100 $139,345,958 Funding Summary
Gas Tax Fund 2,615,000 1,800,000 1,800,000 1,800,000 1,800,000 General Government CIP Fund 320,000 0 0 0 0
Grants/Reimb./Developer Fees 1,000,000 0 0 0 0
LLMD 89,100 89,100 89,100 89,100 89,100
Measure B 1,700,000 1,700,000 1,700,000 1,700,000 1,700,000 SB1 RMRA 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 Street Improvement Fund 210,000 0 0 0 0
TASP Impact Fees 0 6,300,000 7,100,000 0 0
Vehicle Registration Fee 500,000 500,000 500,000 500,000 500,000 Total Financing Available 7,934,100 11,889,100 12,689,100 5,589,100 5,589,100 No Funding Source 0 2,515,000 19,605,000 1,655,000 3,255,000 Total $7,934,100 $14,404,100 $32,294,100 $7,244,100 $8,844,100 2024-28 Summary of Estimated Costs
Pg. No. Project Name Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Cost Street Improvement Projects
City of Milpitas 203
380
Item # 14.
Summary of Project Funding Sources FY 2023-24
214 2001 Light Rail Median Landscaping 0 0 0
216 2008 Montague Pedestrian Overcrossing at Piper Dr. 0 0 0 218 2016 S. Milpitas Blvd. Vehicle Bridge at Penitencia 0 0 0 220 2018 Montague Ped. Overcrossing at Penitencia 0 0 0 222 2021 Costa Street Plan Line Study 0 0 0
224 2022 Feasibility of POCs at VTA Light Rail Platforms 0 0 0 226 3402 McCarthy Blvd. LLMD Improvement 95-1 0 0 0
228 3411 Sinclair LLMD Improvements 98-1 0 0 0
230 3425 Main St. Utility Undergrounding 0 0 0
232 3426 Annual Sidewalk, Curb & Gutter Repair 890,000 0 0 234 3430 Main St. Street Light Project 0 0 0
236 3440 Annual Street Light, Signal, and Signage 825,000 0 0 238 3448 Trail, Bicycle, Pedestrian Master Plan Update 0 0 0 240 3449 Street Landscape Irrigation Repair 0 320,000 0 242 3454 Enhanced Crosswalk Striping and Beacons 0 0 0
244 3455 Pilot Street Sweeping Program 0 0 0
246 3458 Radar Speed Feedback Signage 0 0 0
248 4179 Montague Expwy Widening at Great Mall Pkwy 0 0 0 250 4258 Calaveras Blvd. Widening Project 0 0 0
252 4265 Bart Extension Coordination and Planning 0 0 0 254 4267 Soundwall and Barrier Repair and Renovation Program 0 0 0 256 4274 I-880 Interchange Right-of-Way Closeout 0 0 0
258 4283 ADA Curb Ramp Transition Program 400,000 0 0
260 4288 Traffic Studies & Minor Improvements 0 0 0
262 4290 Annual Bridge Rehabilitation 0 0 0
264 4293 Citywide Traffic Safety Assessment 0 0 0
266 4294 SR237 HOV Lane Improvements 0 0 0
268 4295 Street Pavement Restriping Program 200,000 0 0 270 4297 Citywide Traffic Modeling 0 0 0
272 4298 Street Resurfacing Project 2020-21 0 0 0
274 4303 Street Resurfacing Project 2021-22 0 0 0
276 4304 Street Resurfacing Project 2022-23 0 0 0
278 4306 Bike and Pedestrian Outreach 0 0 0
280 Plan Street Resurfacing Project 2023-24 300,000 0 0 282 Plan Street Resurfacing Project 2024-25 0 0 0
284 Plan Street Resurfacing Project 2025-26 0 0 0
286 Plan Street Resurfacing Project 2026-27 0 0 0
288 New Street Resurfacing Project 2027-28 0 0 0
290 New Bicycle Improvement Project 0 0 1,000,000
Subtotal by Funding Source 2,615,000 320,000 1,000,000
Pg. No. Project Name Gas Tax Fund General Government
CIP Fund
Grants/Reimb./
Developer Fees
Total $7,934,100
Street Improvement Projects
204 City of Milpitas
381
Item # 14.
Summary of Project Funding Sources FY 2023-24
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
66,500 0 0 0 0
22,600 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 210,000 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 1,700,000 1,500,000 0 500,000
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
89,100 1,700,000 1,500,000 210,000 500,000
LLMD Measure B SB1 RMRA Street Improvement
Fund
Vehicle Registration
Fee
Street Improvement Projects
City of Milpitas 205
382
Item # 14.
Summary of Project Funding Sources FY 2024-25
214 2001 Light Rail Median Landscaping 0 0
216 2008 Montague Pedestrian Overcrossing at Piper Dr. 0 0 218 2016 S. Milpitas Blvd. Vehicle Bridge at Penitencia 0 0 220 2018 Montague Ped. Overcrossing at Penitencia 0 0
222 2021 Costa Street Plan Line Study 0 0
224 2022 Feasibility of POCs at VTA Light Rail Platforms 0 0 226 3402 McCarthy Blvd. LLMD Improvement 95-1 0 66,500
228 3411 Sinclair LLMD Improvements 98-1 0 22,600
230 3425 Main St. Utility Undergrounding 0 0
232 3426 Annual Sidewalk, Curb & Gutter Repair 600,000 0 234 3430 Main St. Street Light Project 0 0
236 3440 Annual Street Light, Signal, and Signage 400,000 0 238 3448 Trail, Bicycle, Pedestrian Master Plan Update 0 0 240 3449 Street Landscape Irrigation Repair 0 0
242 3454 Enhanced Crosswalk Striping and Beacons 0 0
244 3455 Pilot Street Sweeping Program 0 0
246 3458 Radar Speed Feedback Signage 0 0
248 4179 Montague Expwy Widening at Great Mall Pkwy 0 0 250 4258 Calaveras Blvd. Widening Project 0 0
252 4265 Bart Extension Coordination and Planning 0 0
254 4267 Soundwall and Barrier Repair and Renovation Program 0 0 256 4274 I-880 Interchange Right-of-Way Closeout 0 0
258 4283 ADA Curb Ramp Transition Program 400,000 0
260 4288 Traffic Studies & Minor Improvements 0 0
262 4290 Annual Bridge Rehabilitation 0 0
264 4293 Citywide Traffic Safety Assessment 0 0
266 4294 SR237 HOV Lane Improvements 0 0
268 4295 Street Pavement Restriping Program 100,000 0
270 4297 Citywide Traffic Modeling 0 0
272 4298 Street Resurfacing Project 2020-21 0 0
274 4303 Street Resurfacing Project 2021-22 0 0
276 4304 Street Resurfacing Project 2022-23 0 0
278 4306 Bike and Pedestrian Outreach 0 0
280 Plan Street Resurfacing Project 2023-24 0 0
282 Plan Street Resurfacing Project 2024-25 300,000 0
284 Plan Street Resurfacing Project 2025-26 0 0
286 Plan Street Resurfacing Project 2026-27 0 0
288 New Street Resurfacing Project 2027-28 0 0
290 New Bicycle Improvement Project 0 0
Subtotal by Funding Source 1,800,000 89,100
Pg. No. Project Name Gas Tax Fund LLMD
Total $14,404,100
Street Improvement Projects
206 City of Milpitas
383
Item # 14.
Summary of Project Funding Sources FY 2024-25
0 0 0 0 0
0 0 0 0 0
0 0 6,300,000 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 600,000
0 0 0 0 290,000
0 0 0 0 0
0 0 0 0 435,000
0 0 0 0 0
0 0 0 0 320,000
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 210,000
0 0 0 0 0
0 0 0 0 0
0 0 0 0 100,000
0 0 0 0 460,000
0 0 0 0 0
0 0 0 0 0
0 0 0 0 100,000
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
1,700,000 1,500,000 0 500,000 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
1,700,000 1,500,000 6,300,000 500,000 2,515,000
Measure B SB1 RMRA TASP Impact Fees Vehicle Registration Fee No Funding Source
Street Improvement Projects
City of Milpitas 207
384
Item # 14.
Summary of Project Funding Sources FY 2025-26
214 2001 Light Rail Median Landscaping 0 0
216 2008 Montague Pedestrian Overcrossing at Piper Dr. 0 0 218 2016 S. Milpitas Blvd. Vehicle Bridge at Penitencia 0 0 220 2018 Montague Ped. Overcrossing at Penitencia 0 0
222 2021 Costa Street Plan Line Study 0 0
224 2022 Feasibility of POCs at VTA Light Rail Platforms 0 0 226 3402 McCarthy Blvd. LLMD Improvement 95-1 0 66,500
228 3411 Sinclair LLMD Improvements 98-1 0 22,600
230 3425 Main St. Utility Undergrounding 0 0
232 3426 Annual Sidewalk, Curb & Gutter Repair 600,000 0 234 3430 Main St. Street Light Project 0 0
236 3440 Annual Street Light, Signal, and Signage 400,000 0 238 3448 Trail, Bicycle, Pedestrian Master Plan Update 0 0 240 3449 Street Landscape Irrigation Repair 0 0
242 3454 Enhanced Crosswalk Striping and Beacons 0 0
244 3455 Pilot Street Sweeping Program 0 0
246 3458 Radar Speed Feedback Signage 0 0
248 4179 Montague Expwy Widening at Great Mall Pkwy 0 0 250 4258 Calaveras Blvd. Widening Project 0 0
252 4265 Bart Extension Coordination and Planning 0 0
254 4267 Soundwall and Barrier Repair and Renovation Program 0 0 256 4274 I-880 Interchange Right-of-Way Closeout 0 0
258 4283 ADA Curb Ramp Transition Program 400,000 0
260 4288 Traffic Studies & Minor Improvements 0 0
262 4290 Annual Bridge Rehabilitation 0 0
264 4293 Citywide Traffic Safety Assessment 0 0
266 4294 SR237 HOV Lane Improvements 0 0
268 4295 Street Pavement Restriping Program 100,000 0
270 4297 Citywide Traffic Modeling 0 0
272 4298 Street Resurfacing Project 2020-21 0 0
274 4303 Street Resurfacing Project 2021-22 0 0
276 4304 Street Resurfacing Project 2022-23 0 0
278 4306 Bike and Pedestrian Outreach 0 0
280 Plan Street Resurfacing Project 2023-24 0 0
282 Plan Street Resurfacing Project 2024-25 0 0
284 Plan Street Resurfacing Project 2025-26 300,000 0
286 Plan Street Resurfacing Project 2026-27 0 0
288 New Street Resurfacing Project 2027-28 0 0
290 New Bicycle Improvement Project 0 0
Subtotal by Funding Source 1,800,000 89,100
Pg. No. Project Name Gas Tax Fund LLMD
Total $32,294,100
Street Improvement Projects
208 City of Milpitas
385
Item # 14.
Summary of Project Funding Sources FY 2025-26
0 0 0 0
0 0 0 0
0 0 0 0
0 0 7,100,000 14,400,000
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 1,500,000
0 0 0 290,000
0 0 0 2,400,000
0 0 0 205,000
0 0 0 0
0 0 0 320,000
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 210,000
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 180,000
0 0 0 0
0 0 0 0
0 0 0 100,000
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
1,700,000 1,500,000 0 0
0 0 0 0
0 0 0 0
0 0 0 0
1,700,000 1,500,000 7,100,000 19,605,000
Measure B SB1 RMRA TASP Impact Fees No Funding Source
Street Improvement Projects
City of Milpitas 209
386
Item # 14.
Summary of Project Funding Sources FY 2026-27
214 2001 Light Rail Median Landscaping 0 0
216 2008 Montague Pedestrian Overcrossing at Piper Dr. 0 0 218 2016 S. Milpitas Blvd. Vehicle Bridge at Penitencia 0 0 220 2018 Montague Ped. Overcrossing at Penitencia 0 0
222 2021 Costa Street Plan Line Study 0 0
224 2022 Feasibility of POCs at VTA Light Rail Platforms 0 0 226 3402 McCarthy Blvd. LLMD Improvement 95-1 0 66,500
228 3411 Sinclair LLMD Improvements 98-1 0 22,600
230 3425 Main St. Utility Undergrounding 0 0
232 3426 Annual Sidewalk, Curb & Gutter Repair 600,000 0 234 3430 Main St. Street Light Project 0 0
236 3440 Annual Street Light, Signal, and Signage 400,000 0 238 3448 Trail, Bicycle, Pedestrian Master Plan Update 0 0 240 3449 Street Landscape Irrigation Repair 0 0
242 3454 Enhanced Crosswalk Striping and Beacons 0 0
244 3455 Pilot Street Sweeping Program 0 0
246 3458 Radar Speed Feedback Signage 0 0
248 4179 Montague Expwy Widening at Great Mall Pkwy 0 0 250 4258 Calaveras Blvd. Widening Project 0 0
252 4265 Bart Extension Coordination and Planning 0 0
254 4267 Soundwall and Barrier Repair and Renovation Program 0 0 256 4274 I-880 Interchange Right-of-Way Closeout 0 0
258 4283 ADA Curb Ramp Transition Program 300,000 0
260 4288 Traffic Studies & Minor Improvements 0 0
262 4290 Annual Bridge Rehabilitation 0 0
264 4293 Citywide Traffic Safety Assessment 0 0
266 4294 SR237 HOV Lane Improvements 0 0
268 4295 Street Pavement Restriping Program 200,000 0
270 4297 Citywide Traffic Modeling 0 0
272 4298 Street Resurfacing Project 2020-21 0 0
274 4303 Street Resurfacing Project 2021-22 0 0
276 4304 Street Resurfacing Project 2022-23 0 0
278 4306 Bike and Pedestrian Outreach 0 0
280 Plan Street Resurfacing Project 2023-24 0 0
282 Plan Street Resurfacing Project 2024-25 0 0
284 Plan Street Resurfacing Project 2025-26 0 0
286 Plan Street Resurfacing Project 2026-27 300,000 0
288 New Street Resurfacing Project 2027-28 0 0
290 New Bicycle Improvement Project 0 0
Subtotal by Funding Source 1,800,000 89,100
Pg. No. Project Name Gas Tax Fund LLMD
Total $7,244,100
Street Improvement Projects
210 City of Milpitas
387
Item # 14.
Summary of Project Funding Sources FY 2026-27
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 290,000
0 0 0 350,000
0 0 0 205,000
0 0 0 0
0 0 0 320,000
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 210,000
0 0 0 0
0 0 0 0
0 0 0 100,000
0 0 0 180,000
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
1,700,000 1,500,000 500,000 0
0 0 0 0
0 0 0 0
1,700,000 1,500,000 500,000 1,655,000
Measure B SB1 RMRA Vehicle Registration Fee No Funding Source Street Improvement Projects
City of Milpitas 211
388
Item # 14.
Summary of Project Funding Sources FY 2027-28
214 2001 Light Rail Median Landscaping 0 0
216 2008 Montague Pedestrian Overcrossing at Piper Dr. 0 0 218 2016 S. Milpitas Blvd. Vehicle Bridge at Penitencia 0 0 220 2018 Montague Ped. Overcrossing at Penitencia 0 0
222 2021 Costa Street Plan Line Study 0 0
224 2022 Feasibility of POCs at VTA Light Rail Platforms 0 0 226 3402 McCarthy Blvd. LLMD Improvement 95-1 0 66,500
228 3411 Sinclair LLMD Improvements 98-1 0 22,600
230 3425 Main St. Utility Undergrounding 0 0
232 3426 Annual Sidewalk, Curb & Gutter Repair 600,000 0 234 3430 Main St. Street Light Project 0 0
236 3440 Annual Street Light, Signal, and Signage 400,000 0 238 3448 Trail, Bicycle, Pedestrian Master Plan Update 0 0 240 3449 Street Landscape Irrigation Repair 0 0
242 3454 Enhanced Crosswalk Striping and Beacons 0 0
244 3455 Pilot Street Sweeping Program 0 0
246 3458 Radar Speed Feedback Signage 0 0
248 4179 Montague Expwy Widening at Great Mall Pkwy 0 0 250 4258 Calaveras Blvd. Widening Project 0 0
252 4265 Bart Extension Coordination and Planning 0 0
254 4267 Soundwall and Barrier Repair and Renovation Program 0 0 256 4274 I-880 Interchange Right-of-Way Closeout 0 0
258 4283 ADA Curb Ramp Transition Program 300,000 0
260 4288 Traffic Studies & Minor Improvements 0 0
262 4290 Annual Bridge Rehabilitation 0 0
264 4293 Citywide Traffic Safety Assessment 0 0
266 4294 SR237 HOV Lane Improvements 0 0
268 4295 Street Pavement Restriping Program 200,000 0
270 4297 Citywide Traffic Modeling 0 0
272 4298 Street Resurfacing Project 2020-21 0 0
274 4303 Street Resurfacing Project 2021-22 0 0
276 4304 Street Resurfacing Project 2022-23 0 0
278 4306 Bike and Pedestrian Outreach 0 0
280 Plan Street Resurfacing Project 2023-24 0 0
282 Plan Street Resurfacing Project 2024-25 0 0
284 Plan Street Resurfacing Project 2025-26 0 0
286 Plan Street Resurfacing Project 2026-27 0 0
288 New Street Resurfacing Project 2027-28 300,000 0
290 New Bicycle Improvement Project 0 0
Subtotal by Funding Source 1,800,000 89,100
Pg. No. Project Name Gas Tax Fund LLMD
Total $8,844,100
Street Improvement Projects
212 City of Milpitas
389
Item # 14.
Summary of Project Funding Sources FY 2027-28
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 290,000
0 0 0 2,050,000
0 0 0 205,000
0 0 0 0
0 0 0 320,000
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 210,000
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 180,000
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
1,700,000 1,500,000 500,000 0
0 0 0 0
1,700,000 1,500,000 500,000 3,255,000
Measure B SB1 RMRA Vehicle Registration Fee No Funding Source Street Improvement Projects
City of Milpitas 213
390
Item # 14.
PROJECT NO.
Light Rail Median Landscaping 2001
Category: Street Improvement
City Council Priority: Community Wellness and Open
Space
Project Location: Great Mall Parkway
Managing Department: Engineering
Contact Person: Steve Chan [3324]/
Michael Silveira [3303]
Project Stage: Planning
Estimated Schedule
Design: 2026-2027
Construction: 2027-2028
Recurring Project: No
Description
This project provides for the design and construction of median landscape improvements on Great Mall Parkway and Capital Expressway from I-880 to the southern City limits. There are eight median islands under the Light Rail Train viaduct structure to be landscaped and irrigated with recycled water. Work also includes construction of a recycled water main line for this project and future Metro Specific Plan development projects. This work is included in the cooperative agreement with the Santa Clara Valley Transportation Authority.
Notes
The recycle water project was completed in 2012. Six of the eight medians were completed in 2018, north of Montague Expressway. Remaining two medians are on E. Capital Avenue, south of Montague Expressway, and within the BART/VTA improvement area. The project improvements and schedule will be revaluated after the adoption of Milpitas Metro Specific Plan Update (#2006) and Metro Impact Nexus Study (#3469). (TASP ID:
DB#5)
Street Improvement Projects
214 City of Milpitas
391
Item # 14.
Uncommitted Balance
as of 3/31/2023
Council
Approval
Light Rail Median Landscaping
Project No. 2001
$2,049,000 7/1/2015
Estimated Cost
Phase Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Design 150,000 0 0 0 0 0 150,000
Administration 100,000 0 0 0 0 0 100,000
Inspection 75,000 0 0 0 0 0 75,000
Improvements 5,671,000 0 0 0 0 0 5,671,000
TOTAL $5,996,000 $0 $0 $0 $0 $0 $5,996,000
Funding Source
Prior Year FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Grants/Reimb./
Developer Fees 1,800,000 0 0 0 0 0 1,800,000
Recycled Water
Fund 1,300,000 0 0 0 0 0 1,300,000
RDA Fund 341,000 0 0 0 0 0 341,000
Street Improvement
Fund 5,000 0 0 0 0 0 5,000
TASP Impact Fees 2,550,000 0 0 0 0 0 2,550,000
TOTAL $5,996,000 $0 $0 $0 $0 $0 $5,996,000
Finance Notes
Grants/Reimb./Develop Fees - Local funding of $1.8M from VTA. Previously this was STIP grant funding earmarked for 237/I-880 interchange landscaping.