February 20, 2024 Milpitas City Council Agenda Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
AGENDA
TUESDAY, FEBRUARY 20, 2024
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:
Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.
You may watch the Council meeting without providing public comment by accessing it via links here.
Meeting shall be livestreamed - Go to:
Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming
PUBLIC COMMENT INSTRUCTIONS
Oral public comments may only be provided live during the City Council meeting in person. 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. Members of the public may submit written comments by email to [email protected].
The meeting will be streamed via Zoom for viewing purposes only. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_qP628luSSryC7d2WouwUAg NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.
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.
February 20, 2024 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 PM)
ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LEGAL COUNSEL – Existing Litigation Pursuant to Government Code section 54956.9
Kevin Moscuzza v. City of Milpitas, WCAB no. ADJ16972326 City as Defendant
(b) CONFERENCE WITH LEGAL COUNSEL - Existing Litigation Government Code § 54956.9
County Sanitation District 2-3, et al. v. City of San Jose, et al., Santa Clara Superior Court Case number 18CV325480
City as Plaintiff
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
INVOCATION (Councilmember Barbadillo)
PRESENTATIONS (7:05 PM)
● 2023 Synopsys STEM Championship Winners
● Rare Disease Day (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 February and March 2024 (Staff Contact:
Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for February and March 2024.
C2. Approve City Council City Council Meeting Minutes of January 30 and February 6, 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
February 20, 2024 Milpitas City Council Agenda Page 3
Recommendation: Approve City Council Meeting minutes of January 30 and February 6, 2024.
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. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Recommendation: Receive Mayor Montano's recommendations and confirm appointments to City Commissions.
C5. Authorize and Approve Travel to Washington, D.C., for Councilmember Hon Lien from March 6 – 14, 2024; to Yosemite, CA, for Councilmember Anthony Phan from March 14 – 17, 2024; and to San Jose, CA, for Mayor Carmen Montano from March 15 – 16, 2024 (Staff Contact: Ned Thomas, City Manager, 408-586-3059)
Recommendation: (1) Authorize and approve travel to Washington, D.C., for Councilmember Hon Lien to attend the National League of Cities Congressional City Conference from March 9 – 14, 2024, for a total not-to-exceed amount of $3,500 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings; (2) Authorize and approve travel to Yosemite, California, for Councilmember Anthony Phan to attend the CivicWell Policymakers Conference from March 14 – 17, 2024, for a total not-to-exceed amount of $2,000 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings; and (3) Authorize and approve travel to San Jose, California, for Mayor Carmen Montano to attend the Water Education for Latino Leaders (WELL) 12th Annual Conference from March 15 – 16, 2024, for a total not-to-exceed amount of $400 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings.
C6. Summary of 2023 Legislative Efforts (Staff Contact: Matt Cano, Assistant City Manager, 408- 586-3012)
Recommendation: Review and accept the 2023 Legislative Season Summary Report, including an update on potential 2024 State and Federal Earmark Requests.
C7. Approve an Amendment to the Agreement with Cornerstone Structural Engineering Group for Additional Design and Construction Services for S. Milpitas Boulevard Bridge at Penitencia Creek (Staff Contact: Michael Silveira, Public Works - Engineering Division Manager, 408-586- 3303)
Recommendation: Approve and authorize the City Manager to execute Amendment No. 1 to the Design Services Agreement with Cornerstone Structural Engineering Group in an amount not-toexceed $500,000.00 for additional design and construction services for S. Milpitas Boulevard Bridge at Penitencia Creek - Project No. 2016.
C8. FY 2023-24 2nd Quarter Financial Status Report for the Quarter Ended December 31, 2023 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Recommendation: Review the FY 2023-24 Quarterly Financial Status Report for the quarter ended December 31, 2023.
C9. Review Fiscal Year 2023-24 Mid-Year Report, Approve FY2023-24 Mid-year Budget Amendments, Adopt a Resolution Amending Resolution No. 1626, the Classification Plan, to Reclassify Positions, Approve and Adopt the Pay Schedule titled “New Job
February 20, 2024 Milpitas City Council Agenda Page 4
Classifications/Salary Table (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Lauren Lai, Finance Director, 408-586-3111)
Recommendation: Review Fiscal Year 2023-24 Mid-Year Report; Approve FY2023-24 Mid-Year Budget Amendments; and adopt a resolution amending Resolution No. 1626, the Classification Plan, to reclassify positions, approve and adopt the pay schedule titled “New Job Classifications/Salary Table”, and amend budgeted allocated positions.
C10. Adopt a Resolution approving a new Memorandum of Understanding between the City of Milpitas and Milpitas Professional and Technical Group (ProTech) covering the period of July 1, 2023 through June 30, 2025 (Staff Contact: Kelli Parmley, Human Resources Director, 408-586- 3086)
Recommendation: Adopt a Resolution approving a new Memorandum of Understanding between the City of Milpitas and Milpitas Professional and Technical Group (ProTech) covering the period of July 1, 2023 through June 30, 2025.
C11. Adopt a Resolution Superseding Resolution No. 9286 Correcting the Attached Conditions Of Approval for a previously approved Site Development Permit and PUD Amendment Permit to Develop a New One-and-a-Half Story Single-Family Residence and to Deviate from the Approved Designs, on a Vacant 1.1-acre Lot Located in the R1-H Single-family Residential Zoning District with a Hillside Combining District at 1321 Terra Vista Court (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Recommendation: Consider the exemption in accordance with CEQA and adopt a resolution superseding resolution No.9286 correcting the conditions of approval for a previously approved Site Development Permit No. SD22-0013 and Planned Unit Development Amendment No. PA23-0001 to allow the development of a new single-family residence at 1321 Terra Vista Court, subject to the attached Conditions of Approval.
C12. Receive an Update on Storm Drain System Emergency Repairs and Improvements at Evans Road and Piedmont Creek and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: (1) Receive an update on the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.
C13. Waive the Second Reading and Adopt Ordinance No. 239.8 to Amend Chapter 16 of Title XI of the Milpitas Municipal Code Relating to Storm Drainage Service Impact Fees (Staff Contact:
Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: (1) Waive the second reading of Ordinance No. 239.8; and (2) Adopt Ordinance No. 239.8 to amend Section 16 of Chapter 16 (“Stormwater and Urban Runoff Pollution Control”) of Title XI (“Zoning, Planning and Annexation”) of the Milpitas Municipal Code to be consistent with the newly adopted Storm Drainage Impact Fee and the City’s Development Impact Fee Program.
C14. Approve Milpitas Arts and Culture Grant Request for Sunnyhills Neighborhood Association Juneteenth Event (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409; and Tegan McLane, Assistant Recreation and Community Services Director, 408-586-3212)
February 20, 2024 Milpitas City Council Agenda Page 5
Recommendation: Approve Milpitas Arts and Culture In-kind Grant request from Sunnyhills Neighborhood Association for the use of Sunnyhills Albert Augustine Jr. Memorial Park for a Juneteenth Celebration on June 15, 2024.
LEADERSHIP AND SUPPORT SERVICES (7:30 PM)
15. Introduce Ordinance 298.1, An Ordinance of The City Council of the City of Milpitas Amending the Milpitas Municipal Code Title XI (“Zoning, Planning and Annexation”), Chapter 10 (“Zoning”), Section 13 (“Special Uses”), Subsection 13.15 (“Cannabis Uses”) to Prohibit and Regulate Cannabis Uses, Establishments, and Operations to the Fullest Extent Allowed by State Law (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) Recommendation: (1) Following the City Attorney’s reading aloud the title, move to waive the reading beyond the title and introduce Ordinance 298.1, which would amend Subsection XI-10-13.15 of the Milpitas Municipal Code consistently with Senate Bill 1186 by regulating the delivery of medicinal cannabis and cannabis products and otherwise preserve the City’s prohibition against commercial cannabis to the fullest extent allowed after this change in State law; and (2) Make findings of exemption from environmental review pursuant to CEQA Guidelines Sections 15061(b)(3), 15183, 15305, and 15378.
16. Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff Through the Council-Approved Prioritization Process (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012)
Recommendation: (1) Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced; (2) Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items (3) Approve recommendations on certain Group 3 items as outlined in the Analysis section of this report.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (8:30 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 (8:40 PM)
KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.
Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)
February 20, 2024 Milpitas City Council Agenda Page 6
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.
Milpitas City Council Calendar
February 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:45 PM-Flag Raising Event: Black
History Month (Cesar Chavez Plaza)
2 3
6:00 – 8:00 PMCity Event: Lunar
New Year (Civic
Center Plaza)
4 5
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
6 6:00 PM-Closed Session
7:00 PM-City Council
7 5:30 PM-Veterans Commission (CM)
7:00 PM-Community Advisory
Commission (EC)
8 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Silicon Valley
Interoperability Authority Board of
Directors (GB)
6:00 PM-Youth Advisory Commission
(HL)
6:30 PM-CASCC Legislative Action
Committee (CM)
7:00 PM-CASCC JPA Board of
Directors (CM)
9 10
11 12
4:30 PM-Economic Development and
Trade Commission (CM)
13 14
4:00 PM-Transportation
Subcommittee (CM/EC)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
7:00 PM-Planning Commission
15 3:00 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (SB 1383) (CM)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
16 17
18 19
PRESIDENT’S DAY
CITY HALL CLOSED
20 6:00 PM-Closed Session
7:00 PM-City Council
21 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
22 5:30 PM- Special City Council
Meeting
23 9:00 AM-VTA Board of
Directors Workshop (CM)
24 25 26
12:00 PM-1000 Hillview Ct.
Stakeholder Meeting #5 (CM/EC)
7:00 PM-Science, Technology &
Innovation Commission (GB)
7:00 PM-Special Arts Commission
(EC)
27 1:30 PM-Senior Advisory Commission
(CM)
28 4:00 PM- City/MUSD Collaborative
Subcommittee Meeting (CM/EC)
7:00 PM-Planning Commission
29 January 2024
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
March 2024
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 League of CA Cities City Managers Conference – Hollywood, CA (NT)
Milpitas City Council Calendar
March 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2
3 4
5:00 PM-Monthly Mayor’s Meeting
with the Community Members
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
5 6:00 PM-Closed Session
7:00 PM-City Council
6 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
7 4:00 PM-Treatment Plant Advisory
Committee (CM)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
8 9
10 11
4:30 PM-Economic Development and
Trade Commission (CM)
12 13
7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
7:00 PM-Community Advisory
Commission (EC)
14 4:00 PM-SVRIA Board of Directors
(GB)
5:30 PM-CASCC Legislative Action
Committee (CM)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC JPA
Board of Directors (CM)
15 16
11:00 AM-2:00
PM- Holi Festival
(Cardoza Park(
17 18
7:00 PM-Library and Education
Commission (EC) (Milpitas Public
Library)
19 6:00 PM-Closed Session
7:00 PM-City Council
20 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
21 10:00 AM-VTA Congestion
Management Program & Planning
Committee (CM)
3:00 PM-CASCC Recycling & Waste
Reduction Commission (CM)
4:00 PM-VTA Policy Advisory
Committee (EC)
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)
22 23
10:00 AM-1:00
PM- Big Bunny
Scramble (Civic
Center Plaza)
24 25
7:00 PM-Arts Commission (EC)
26 27
7:00 PM-Planning Commission
28 29 30
31 February 2024
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
April 2024
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
January 30, 2024 Milpitas City Council Minutes Page 1
SPECIAL MEETING OF THE MILPITAS
CITY COUNCIL
MINUTES
TUESDAY, JANUARY 30, 2024
The City Council of the City of Milpitas convened on the City Council meeting day in a Special Meeting of the Milpitas City Council on January 30, 2024, in the Barbara Lee Senior Center, 40 N Milpitas Blvd, Room 140/141, Milpitas, CA, 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 5:37 PM. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
ABSENT: None
PLEDGE OF ALLEGIANCE
Mayor Montano led the pledge of allegiance.
PUBLIC FORUM
There were the following public speakers:
1. Dina Nadler-Serber
2. Arjan Kovali
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.
READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Montano read the City Council Code of Conduct.
APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.
Motion/Second: Vice Mayor Chua/Councilmember Barbadillo by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
AGENDA ITEMS
1. Receive a Staff Presentation on the Preliminary FY 2025-34 Ten-Year General Fund Financial Forecast and Current Prioritization of Council Referrals and Provide Feedback on Desired Service Levels to Inform the FY 2024-25 Budget Development (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012 and Lauren Lai, Finance Director, 408-586-3111)
January 30, 2024 Milpitas City Council Minutes Page 2
City Manager Thomas welcomed Council and Staff and introduced the item, highlighting current projects and key accomplishments over the past 7 months across all city departments.
Finance Director Lai discussed Council priority areas and results from the community survey showing top concerns such as homelessness, traffic, inflation/costs, illegal dumping, and jobs/economy. Mayor Montano emphasized the necessity of convening a goal-setting meeting, with Finance Director Lai highlighting the upcoming strategic planning session slated for March. Vice Mayor Chua questioned whether the survey results truly reflected citizen priorities or merely highlighted areas of concern.
Finance Director Lai then spoke on the 10-Year General Fund Financial Forecast showing a modest surplus next year, then growing deficits in later years, especially following the expiration of Measure F in 2029. Mayor Montano asked about options for offsetting deficits. Finance Director Lai spoke on the importance of extending Measure F and economic development. Vice Mayor Chua highlighted the importance of addressing the impending deficit before it becomes an issue. Councilmember Barbadillo asked about the data use in developing conclusions. Councilmember Phan asked to receive the crosstabs on the residential growth assumptions. Finance Director Lai offered to send the relevant information to the Mayor and Council. Vice Mayor Chua questioned how much of sales tax indirectly returns to the City of Milpitas. Mayor Montano asked for a breakdown of general fund contract service expenditures. She also asked to see an analysis of permitting activity levels from other cities. Vice Mayor Chua also asked to receive an analysis of factors affecting permitting activity levels. Building Official Tott offered insights into City development over the past five years and the effect on permitting.
Assistant City Manager Cano reviewed funding requirements for projects prioritized by council over the past year, including senior & youth programs, charter city evaluation, international festival, recreation facility assessments. Councilmember Lien asked after her request for ham radios to bolster public safety and emergency preparedness, a request that Assistant City Manager Cano committed to exploring further within the context of the Capital Improvement Plan (CIP) deliberations. Recreation and Community Services Director Lorentzen elaborated on the proposed adjustments to the special events calendar, emphasizing the need to align it with resource capacity following the conclusion of ARPAfunded cultural events in 2023. Assistant City Manager Cano affirmed that the proposed changes would be brought back to the Council for consideration at a later date, concluding the presentation with closing remarks.
Vice Mayor Chua requested additional information on projected full-time equivalents (FTEs), vacant positions, and potential fund allocations in the absence of vacancies. She also advocated for the creation of a "Going Electric" section on the city's website in anticipation of funding and grants from Congressman Khanna and Silicon Valley Clean Energy, as well as the establishment of an Annual Milpitas Community Heroes Award, allowing each Councilmember to nominate an individual, organization, or club, with the awards incorporated into the Commissioner Recognition event.
Councilmember Barbadillo expressed interest in examining projections based on a 6% assumption instead of the current 3% COLA, with Finance Director Lai explaining the city's reliance on an actuarial assumption and agreeing to provide comparative data.
Councilmember Lien sought clarification from Vice Mayor Chua regarding the recognition of community heroes, prompting City Attorney Mutalipassi to suggest the formulation of a Council Policy outlining criteria for selecting honorees.
Councilmember Phan proposed referring the idea of relocating, removing, or donating the Minute Man statue to the Arts Commission for further study, garnering support from Vice Mayor Chua.
The Assistant City Manager then called for consensus on the Council's prioritization items and requests
January 30, 2024 Milpitas City Council Minutes Page 3
put forth by Councilmembers, resulting in agreements on:
1. Additional funding for a Senior Discount, with a consensus vote of 4-1, Councilmember Lien voting no, and Mayor Montano suggesting exploration of AARP resources.
2. Charter City funding for the initial phase of a Charter City evaluation, which saw opposition from Councilmember Barbadillo and Mayor Montano, and conditional support from Vice Mayor Chua for discussion purposes.
3. Creation of a "Going Electric" corner on the website, receiving unanimous support to proceed.
4. Adoption of a Community Heroes Policy, also receiving unanimous support.
5. Referral of the Minute Man statue study for relocation or removal to the Arts Commission, with unanimous agreement to proceed.
6. Organization of an International Festival on Main Street, which gained consensus with a 3-2 vote, with Councilmember Barbadillo and Mayor Montano dissenting. Vice Mayor Chua specified that it should be a one-day event and suggested that the Council finalize details when the full recreation event calendar is presented.
ANNOUNCEMENTS
Vice Mayor Chua spoke on BD Biosciences coming to Milpitas and thanked staff for their hard work.
City Manager Thomas thanked everyone for their attendance at the 70th Anniversary event.
ADJOURNMENT
Mayor Montano adjourned the meeting at 8:03 pm
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
February 6, 2024 Milpitas City Council Minutes Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
MINUTES
TUESDAY, FEBRUARY 6, 2024
The City Council of the City of Milpitas convened on the regular City Council meeting day in a Regular Meeting of the Milpitas City Council on February 6, 2024, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, 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 7:00 PM. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo (7:01 PM), Councilmember Lien ABSENT: Councilmember Phan.
PLEDGE OF ALLEGIANCE
Mayor Montano led the pledge of allegiance.
INVOCATION
Councilmember Barbadillo presented the invocation.
PRESENTATIONS
Mayor Montano presented prcolamations in recognition of Lunar New Year and Black History Month.
PUBLIC FORUM
The following people spoke under Public Forum:
1. Stephen Balsbaugh
2. Steve Pham
3. Thao Phan
4. Yen Ho
5. Ariel Flandez
6. Tyler Wiest
7. Vikas Seth
8. Allen Thomas
9. 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 (Absent: Phan). 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 (Absent: Phan).
READING OF THE CITY COUNCIL CODE OF CONDUCT
Vice Mayor Chua read the Code of Conduct.
February 6, 2024 Milpitas City Council Minutes Page 2
APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.
Motion/Second: Vice Mayor Chua/Councilmember Lien
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien NOES: None
ABSENT: Councilmember Phan
CONSENT CALENDAR
There were no public speakers
After discussion, motion: to approve the Consent Calendar, pulling Item C12.
Motion/Second: Councilmember Barbadillo/Vice Mayor Chua Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien NOES: None
ABSENT: Councilmember Phan
1. Receive City Council Calendar of Meetings for February 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for February 2024.
2. Approve City Council City Council Meeting Minutes of January 23, 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved City Council Meeting minutes of January 23, 2024.
3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.
4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Reviewed the list of items that have been requested by City Councilmembers and provided direction to staff as necessary.
5. Consider Recommendations from Mayor Montano for Appointments to City Commissions, and Accept Commissioner Resignations (Contact: Mayor Montano, 408-586-3024) Received Mayor Montano's recommendations and confirmed appointments to City Commissions; Accepted the resignations of Mona Sampath Khan from the Arts Commission and Eric Bernal from the Science, Technology and Innovation Commission; and directed the City Clerk to post the notice of unscheduled vacancy.
Science, Technology and Innovation Commission
1. Reappointed Albert Alcorn to a term ending January 2027
February 6, 2024 Milpitas City Council Minutes Page 3
6. Adopt a Resolution Declaring Weeds on Certain Properties to be a Public Nuisance and Set a Public Hearing for March 5, 2024 (Staff Contact: Arthur Belton, Deputy Chief/Fire Marshal, 408- 586-3384)
Adopted Resolution No. 9295 declaring weeds on specific properties to be public nuisances and setting a public hearing for March 5, 2024.
7. Adopt a Resolution Approving a Site Development Permit to Allow Development of a 1,200- Square Foot Single-Story Pavilion with a 125-Square-Foot Standalone Bathroom, Construct a 76- Square Foot Bathroom Addition to the Existing Guest House, and a New In-Ground Pool at an Existing Single-Family Residence On 6.13-Acre Site at 1350 Country Club Drive (Staff Contact:
Jay Lee, Planning Director, 408-586-3077; and Lillian VanHua, Senior Planner, 408-586-3073) Adopted Resolution No. 9296 approving Site Development Permit SD21-0002, subject to the Conditions of Approval, to allow the development of a 1,200-square foot single-story pavilion with a 125-square foot standalone bathroom, construct a 76-square foot bathroom addition to the existing guest house, and a new in-ground pool at an existing single-family residence at 1350 Country Club Drive.
8. Accept Additional FY 2023 Citizens’ Option for Public Safety (COPS) Grant for Front-Line Law Enforcement Services and Approve the Appropriation of Funds to the Police Department’s FY2023-24 Operating Budget (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2402) (1) Accepted additional FY 2023 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $107,573.61 for Front-Line Law Enforcement Services to be spent in alignment with the City Council approved FY 2023 spending plan; and (2) Approved the appropriation of funds in the total amount of $107,573.61 to the Police Department’s FY2023-24 Operating Budget for Front-Line Law Enforcement Services.
9. Accept the FY 2024 Citizens’ Option for Public Safety (COPS) Grant for Front-Line Law Enforcement Services and Approve the Appropriation of Funds to the Police Department’s FY2023-24 Operating Budget (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406) (1) Accepted the FY 2024 Citizens’ Option for Public Safety (COPS) Grant in the amount of $126,044.00 for Front-Line Law Enforcement Services; and (2) Approved the appropriation of funds in the total amount of $126,044.00 to the Police Department’s FY2023-24 Operating Budget for Front-Line Law Enforcement Services.
10. Adopt a Resolution to Approve Project Specifications, Award Construction Contract to Villalobos & Associates, Inc. for the 2023 Annual Sidewalk, Curb, and Gutter Repair Project No. 3426 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Adopted Resolution No. 9297 to (1) approve project contract documents and specifications; (2) award a construction contract to the lowest responsible and responsive bidder, Villalobos & Associates, Inc., in the amount of $562,415.00 for CIP 3426 Annual Sidewalk, Curb, and Gutter Repair Project; (3) authorize the City Manager to execute the construction contract with Villalobos & Associates, Inc.; and (4) authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $56,000.00 for the project.
11. Receive an Update on Storm Drain System Emergency Repairs and Improvements at Evans Road and Piedmont Creek and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) (1) Received an update on the storm drain system emergency repairs and improvements at Evans
February 6, 2024 Milpitas City Council Minutes Page 4
Road and Piedmont Creek; and (2) Determined by a four-fifths vote that the condition continues to constitute an emergency.
13. Approve and Authorize the City Manager to Execute the Maintenance Agreement with Creekside Milpitas 3, LLC, for the Maintenance of the Site Improvements Located within Lot A of the Amazon Parking Lot Project Located at 1207 N. McCarthy Boulevard (Staff Contact: Matt Cano, Assistant City Manager/Acting City Engineer, 408-586-3012; and Roberto Alonzo, PW Division Manager - Engineering, 408-586-3316)
Approved and authorized the City Manager to execute the Maintenance Agreement with Creekside Milpitas 3, LLC, for the maintenance of the site improvements located within Lot A of the Amazon Parking Lot Project located at 1207 N. McCarthy Boulevard.
14. Approve and Authorize the City Manager to Enter into and Execute an Agreement for Completion of Public Improvements as Part of the Rajyoga Meditation and Research Center Project (Staff Contact: Matt Cano, Assistant City Manager/Acting City Engineer, 408-586-3012; Roberto Alonzo, PW Division Manager - Engineering, 408-586-3316) Approved and authorized the City Manager to enter into and execute an agreement for completion of public improvements as part of the Rajyoga Meditation and Research Center Project between the City of Milpitas and Rajyoga Meditation & Research Center LLC, a nonprofit organization.
PUBLIC HEARINGS
15. Review Applications Received for the 2024-2025 Community Development Block Grant Annual Action Plan (Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046; and Robert Musallam, Housing Division Manager, 408-586-3275) City Manager Thomas introduced the item. Economic Development Director Andrade provided introductory remarks. Housing Division Manager Robert Musallam presented the report.
Mayor Montano opened the public hearing.
There were the following speakers:
1. Marina Sanchez
2. Ray Maglalang
3. Knights of Columbus Deputy Grand Knight
4. Laura Clendaniel
5. Norma Morales
6. Mary Jude Doerpinghaus
7. Loreto Quevedo Dimaandal
8. Yolie Garcia
9. Milton Cadena
10. Georgia Bacil
11. Robert Jung
12. Deanne Everton
13. Tyler Wiest
14. Carole Conn
15. Voltaire Montemayor
Mayor Montano closed the public hearing.
The City Council asked questions of applicants and staff.
February 6, 2024 Milpitas City Council Minutes Page 5
16. Receive Report on Storm Drainage Impact Fee Nexus Study; and Adopt a Resolution Adopting the Storm Drainage Impact Fee Nexus Study (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
City Manager Thomas introduced the item. Principal Civil Engineer Harris Siddiqui presented the report.
Mayor Montano opened the public hearing.
There were the following speakers:
1. Voltaire Montemayor
Mayor Montano closed the public hearing.
Council discussion ensued.
After discussion, motion: to adopt Resolution No. 9298 adopting the Storm Drainage Impact Fee Nexus Study.
Motion/Second: Vice Mayor Chua/Councilmember Barbadillo Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien NOES: None
ABSENT: Councilmember Phan
17. Adopt a Resolution and Consider an Ordinance Amending the Proposed Storm Drainage Impact Fee (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) The report was heard in conjunction with Item 16, the Storm Drainage Impact Fee Nexus Study.
Mayor Montano opened the public hearing.
There were the following speakers:
1. Voltaire Montemayor
Mayor Montano closed the public hearing.
After discussion, motion: to adopt Resolution No. 9299 amending the City’s Storm Drainage Impact Fee consistent with the Storm Drainage Impact Fee Nexus Study; waive the first reading beyond the title and introduce Ordinance No. 239.8 amending Section 16 of Chapter 16 (“Stormwater and Urban Runoff Pollution Control”) of Title XI (“Zoning, Planning and Annexation”) of the Milpitas Municipal Code to be consistent with the newly adopted Storm Drainage Impact Fee and the City’s Development Impact Fee Program.
Motion/Second: Councilmember Lien/Councilmember Barbadillo Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien NOES: None
ABSENT: Councilmember Phan
February 6, 2024 Milpitas City Council Minutes Page 6
ITEMS PULLED FROM CONSENT CALENDAR
12. Approve Final Tract Map No. 10591 for a Residential Project at 1752 Houret Court; and Approve and Authorize the City Manager to Execute the Subdivision Improvement Agreement between the City and City Ventures Homebuilding, LLC (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Roberto Alonzo, PW Division Manager - Engineering, 408-586-3316) Assistant City Manager Cano introduced the item and Public Works Division Manager - Engineering Roberto Alonzo was available to respond to questions from Council.
Councilmember Barbadillo asked clarifying questions of staff and opined on parking requirements.
There were the following public speakers:
1. Voltaire Montemayor
2. Willie Pyle
After discussion, motion: to (1) Approve Final Tract Map No. 10591, including all offers of dedications as stated and depicted on the final map upon completion and acceptance of improvements; and (2) Approve and authorize the City Manager to execute a Subdivision Improvement Agreement between the City of Milpitas and City Ventures Homebuilding, LLC.
Motion/Second: Councilmember Barbadillo/Councilmember Lien Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien NOES: None
ABSENT: Councilmember Phan
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Councilmember Lien extended wishes for the Lunar New Year and praised staff for their hard work in organizing the Lunar New Year event. She also acknowledged the Black History Month event, honoring the life of Miss Katherine Johnson, and expressed gratitude to staff for hosting a great event at the community center.
Vice Mayor Chua thanked staff for successfully organizing the Lunar Festival and Black History Month events despite challenging weather conditions. She also requested the City Attorney share with the City Council the write-up he prepared for her on ADUs.
Councilmember Barbadillo called for a formal discussion to understand the positions of both the pickleball and tennis communities. Assistant City Manager Cano noted that the discussion was coming back to the City Council at a meeting following the Thursday town hall to discuss the issue.
Mayor Montano wished everyone a happy lunar new year.
ADJOURNMENT
Mayor Montano adjourned the meeting at 9:57 PM.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 2/15/2024
March 5, 2024 – Regular Meeting
CLOSED SESSION
• Labor Relations
INVOCATION (Councilmember Phan)
PRESENTATION
• American Red Cross Month (Proclamation)
• National Women’s Heritage Month (Proclamation)
• Youth Art Month (Proclamation)
CONSENT CALENDAR
1. Receive City Council calendar for March 2024 (City Clerk)
2. Approve City Council Meeting minutes of February 20 and 22, 2024 (City Clerk)
3. Preview list of items for March 19, 2024 (City Clerk)
4. Councilmember Request List (City Clerk)
5. Resolution to Initiate Proceedings for Annual Levy & Collection of Assessments and Preparation of the Annual Engineer's Report for LLMD 95-1 (Engineering / Public Works)
6. Resolution to Initiate Proceedings for Annual Levy & Collection of Assessments and Preparation of the Annual Engineer's Report for LLMD 98-1 (Engineering / Public Works)
7. CIP 2023 Sango Park Landscape Architect Design Agreement Approval (Engineering / Public Works)
8. 1992 Tarob Ct. Revised O&M (Engineering / Public Works)
9. 308 Sango Ct. O&M (Engineering / Public Works)
10. 1490 S. Park Victoria Drive (Chevron) Improvement Agreement (Engineering / Public Works)
11. Street Vacation: 1752 Houret Court (City Ventures) (Engineering / Public Works)
12. O&M Agreement: 1316 S. Main (Engineering / Public Works)
13. Offsite Agreement and O&M Agreement: 1000 Gibraltar Dr (Engineering / Public Works)
14. CIP 5055 Alviso Adobe HVAC Contract Award (Engineering / Public Works)
PUBLIC HEARINGS
15. Weed Abatement (Fire Prevention)
LEADERSHIP AND SUPPORT SERVICES
16. ARPA Quarterly Report (Finance)
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider Recommendation from Mayor Montano for Appointments to City Commission (Contact: Mayor Montano, 408-586-3024)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 2/20/2024
Recommendation: Receive Mayor Montano's recommendation and confirm the promotion of Suresh Sinha to a full voting seat with an unexpired term ending January 2026 on the Science, Technology and Innovation Commission.
Background:
The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members appointed by the Mayor and confirmed by the City Council. The Commissions advise the Milpitas elected officials on a variety of community interest and policy areas. Commissioner appointments and removals are governed by various sections of the California Government Code, Milpitas Municipal Code, and the adopted Milpitas Commissioner Handbook and By-Laws.
Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are then presented to the Mayor for consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor, subject to City Council approval, assumes the responsibility for appointments to boards, commissions, and committees unless otherwise specifically provided for by statute.
Current Alternate Commissioners may seek to be promoted to a full voting seat; however promotion is not automatic. Those Commissioners seeking promotion must contact the City Clerk and the Mayor to convey their request. Promotion must be recommended by the Mayor and confirmed by the City Council.
Analysis:
Appointments and removals are as follows:
Science, Technology & Innovation Commission:
1. Promote Suresh Sinha to a full voting seat with an unexpired term ending January 2026 The City Clerk's office has reviewed and confirmed all recommended Commissioner appointments.
The promotion of Suresh Sinha to a full voting seat on the Science, Technology and Innovation Commission creates a vacancy in an alternate seat on the same commission. By state law, the City Clerk is obligated to post a Notice of an Unscheduled Vacancy to announce the availability of vacant Commission seats. Final appointments cannot be made to a board, commission, or committee until the Notice of Unscheduled Vacancy has been posted in the Clerk’s office for at least ten working days. The notice of the unscheduled vacancies on the Science, Technology, and Innovation Commission will be posted Wednesday, February 21, 2024.
Fiscal Impact:
There is no fiscal impact associated with this item.
CEQA:
The action is continuing administrative or maintenance activity and is not a project pursuant to Cal. Code Regs., tit. 14, § 15378.
Recommendation:
Receive Mayor Montano's recommendation and confirm the promotion of Suresh Sinha to a full voting seat with an unexpired term ending January 2026 on the Science, Technology and Innovation Commission.
Attachments:
None.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize and Approve Travel to Washington, D.C., for Councilmember Hon Lien from March 6 – 14, 2024; to Yosemite, CA, for Councilmember Anthony Phan from March 14 – 17, 2024; and to San Jose, CA, for Mayor Carmen Montano from March 15 – 16, 2024 (Staff Contact: Ned Thomas, City Manager, 408-586-3059) Category: Consent Calendar-Leadership and Support Services Meeting Date: 2/20/2024
Recommendation: (1) Authorize and approve travel to Washington, D.C., for Councilmember Hon Lien to attend the National League of Cities Congressional City Conference from March 9 – 14, 2024, for a total not-to-exceed amount of $3,500 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings. (2) Authorize and approve travel to Yosemite, California, for Councilmember Anthony Phan to attend the CivicWell Policymakers Conference from March 14 – 17, 2024, for a total not-to-exceed amount of $2,000 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings. (3) Authorize and approve travel to San Jose, California, for Mayor Carmen Montano to attend the Water Education for Latino Leaders (WELL) 12th Annual Conference from March 15 – 16, 2024, for a total not-to-exceed amount of $400 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings.
BACKGROUND:
The National League of Cities holds its annual congressional City Conference in Washington, D.C. The Councilmember’s attendance at this conference will provide engaging education sessions and valuable connections followed by an exclusive day of advocacy on Capitol Hill where attendees can apply everything, they’ve learned to support their communities with federal resources. This popular conference is scheduled for March 9 – 14, 2024. Due to the event location, the Councilmember will travel on March 6 to attend the first event on March 9 and travel back on March 14 to attend the Hill Day scheduled for March 13. The preliminary agenda is attached to this report as Attachment 1.
The CivicWell holds its Annual Yosemite Policymakers Conference each March in Yosemite, California. This popular conference is scheduled for March 14 – 17, 2024. The Councilmember’s attendance at this conference will provide him with tools and innovative solutions to address community needs. This year’s conference will focus on climate resilience and clean energy, affordable housing and social equity, and the conference explores sustainable and practical tools addressing the complex issues that all government levels currently face. The preliminary agenda is attached to this report as Attachment 2.
The Water Education for Latino Leaders (WELL) holds its Annual Conference in various California city. This year, the conference will be held in San Jose, California from March 15 – 16, 2024. The mayor’s attendance at this conference will provide her an opportunity to learn and converse with top water policy experts and practitioners to share their knowledge on California’s top water challenges and the opportunities to mitigate the impacts. The preliminary agenda is attached to this report as Attachment 3.
ANALYSIS:
The City of Milpitas Travel and Expense Policy requires approval of travel for elected officials and the City Manager by the City Council. Council approval of this request will allow Councilmember Hon Lien, Councilmember Anthony Phan, and Mayor Montano to travel to Washington, D.C., Yosemite, California; and San Jose, California respectively, to represent the City. Attendance at the conference will also offer the elected
officials the opportunity to exchange ideas with city officials from other cities and to bring back information to share with the rest of the City Council and City Administration. Continued participation and attendance in these conferences ensures that the Milpitas business community is fully represented at the local, regional, and state levels.
POLICY ALTERNATIVE(S):
Not applicable
FISCAL IMPACT:
The estimated expenses for the conference in Washington, D.C. are $3,500 (registration, hotel, air and land transportation, and meal reimbursements). To date, Councilmember Hon Lien has a remaining balance of $5,874.47 in her Individual Elected Official allocation of $10,000 for Conferences/Meetings/Memberships to cover the travel expenses related to the Washington conference. With the approval of this Washington, D.C.
Conference travel, the new estimated remaining balance will be $2,374.47.
The estimated expenses for the conference in Yosemite, California are $2,000 (registration, hotel, mileage, and meal reimbursements). To date, Councilmember Anthony Phan has not expended his Individual Elected Official allocation of $10,000 for Conferences/Meetings/Memberships. With the approval of this Yosemite, California Conference travel, the new estimated remaining balance will be $8,000.
The estimated expenses for the conference in San Jose, California are $400 (registration, mileage, and meal reimbursements). To date, Mayor Carmen Montano has a remaining balance of $1,755.67 in her Individual Elected Official allocation of $10,000 for Conferences/Meetings/Memberships to cover the travel expenses related to the Washington conference. With the approval of this San Jose, California Conference travel, the new estimated remaining balance will be $1,355.67.
California Environmental Quality Act (CEQA):
By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.
RECOMMENDATIONS:
(1) Authorize and approve travel to Washington, D.C., for Councilmember Hon Lien to attend the National League of Cities Congressional City Conference from March 9 – 14, 2024, for a total not-to-exceed amount of $3,500 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings. (2) Authorize and approve travel to Yosemite, California, for Councilmember Anthony Phan to attend the CivicWell Policymakers Conference from March 14 – 17, 2024, for a total not-to-exceed amount of $2,000 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings. (3) Authorize and approve travel to San Jose, California, for Mayor Carmen Montano to attend the Water Education for Latino Leaders (WELL) 12th Annual Conference from March 15 – 16, 2024, for a total not-toexceed amount of $400 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings.
Attachment(s):
(a) Draft conference agenda for the 2024 National League of Cities Congressional City Conference (b) Draft conference agenda for the 2024 CivicWell Policymakers Conference (c) Draft conference agenda for the 2024 Water Education for Latino Leaders (WELL) Conference (d) Council Budget Tracking
NLC Congressional City Conference
• HOME
• ATTEND
• SCHEDULE
• SPONSORSHIP
Full Schedule
Please note the schedule is subject to change; check back for updates. Tickets for events listed below may be purchased via CCC registration. Due to popular demand, some ticketed events have already sold out (and are noted below). Register today and lock in your full schedule of events! DAY
ALL DAYSSaturday, Mar 9Sunday, Mar 10Monday, Mar 11Tuesday, Mar 12Wednesday, Mar 13 TYPE
FILTER BY TYPEAdvocacyAffiliated / In-Conjunction EventConcurrent WorkshopConstituency GroupDeep Dive SessionExecutive EducationGeneral SessionGovernanceInvite OnlyMember CouncilsMembershipNetworkingPolicy CommitteeState LeagueStrategic PartnershipsTicket RequiredYouth Delegate Program
VENUE
FILTER BY VENUEMarriott Marquis DCOff Property
SATURDAY,
MAR 9
08:00 AM - 05:00 PM
Registration
Marriott Marquis DC
08:00 AM - 05:00 PM
Ask NLC
MEMBERSHIP
Marriott Marquis DC
08:45 AM - 10:00 AM
ATTACHMENT 1
NLCU: Racial Equity for Municipal Leaders
EXECUTIVE EDUCATIONTICKET REQUIRED
Marriott Marquis DC
08:45 AM - 10:00 AM
NLCU: Communicating Effectively About Race
EXECUTIVE EDUCATIONTICKET REQUIRED
Marriott Marquis DC
10:15 AM - 11:30 AM
NLCU: Municipal Leadership to Reengage Opportunity Youth and Young Adults
EXECUTIVE EDUCATIONTICKET REQUIRED
Marriott Marquis DC
10:15 AM - 11:30 AM
NLCU: Cybersecurity
EXECUTIVE EDUCATIONTICKET REQUIRED
Marriott Marquis DC
11:45 AM - 01:00 PM
NLCU: Communicating Effectively About Race
EXECUTIVE EDUCATIONTICKET REQUIRED
Marriott Marquis DC
11:45 AM - 01:00 PM
NLCU: Racial Equity for Municipal Leaders
EXECUTIVE EDUCATIONTICKET REQUIRED
Marriott Marquis DC
01:00 PM - 03:30 PM
Research Advisory Committee Meeting
INVITE ONLY
Marriott Marquis DC
02:00 PM - 03:00 PM
State League Steering Committee Meeting
STATE LEAGUEINVITE ONLY
Marriott Marquis DC
02:15 PM - 03:30 PM
NLCU: City Leaders Connecting Children to Nature Everywhere
EXECUTIVE EDUCATIONTICKET REQUIRED
Marriott Marquis DC
02:15 PM - 03:30 PM
NLCU: Retail as Catalyst for Economic Development
EXECUTIVE EDUCATIONTICKET REQUIRED
Marriott Marquis DC
03:00 PM - 04:30 PM
Board Membership Committee Meeting
GOVERNANCEINVITE ONLY
Marriott Marquis DC
03:00 PM - 04:30 PM
Board Legislative Action Committee Meeting
GOVERNANCEINVITE ONLY
Marriott Marquis DC
03:00 PM - 04:30 PM
Board Finance Committee Meeting
GOVERNANCEINVITE ONLY
Marriott Marquis DC
03:45 PM - 05:00 PM
NLCU: Municipal Finance
EXECUTIVE EDUCATIONTICKET REQUIRED
Marriott Marquis DC
03:45 PM - 05:00 PM
NLCU: Cybersecurity
EXECUTIVE EDUCATIONTICKET REQUIRED
Marriott Marquis DC
SUNDAY,
MAR 10
07:00 AM - 06:00 PM
Strategic Partners Lounge
STRATEGIC PARTNERSHIPS
Marriott Marquis DC
07:30 AM - 05:00 PM
Registration
Marriott Marquis DC
07:30 AM - 05:00 PM
Ask NLC
MEMBERSHIP
Marriott Marquis DC
08:00 AM - 12:00 PM
Board of Directors’ Meeting
GOVERNANCE
Marriott Marquis DC
08:00 AM - 05:00 PM
State League Staff Headquarters
STATE LEAGUEINVITE ONLY
Marriott Marquis DC
11:00 AM - 12:00 PM
Mayor & CEOs Meeting
INVITE ONLY
Marriott Marquis DC
12:00 PM - 01:00 PM
Good Jobs, Great Cities Luncheon
INVITE ONLY
Marriott Marquis DC
12:00 PM - 01:00 PM
NLC Board and Advisory Council Luncheon
GOVERNANCEINVITE ONLY
Marriott Marquis DC
12:00 PM - 01:15 PM
First Time Attendee Lunch & NLC 101
MEMBERSHIPTICKET REQUIRED
Marriott Marquis DC
01:00 PM - 05:00 PM
Enterprise Row
STRATEGIC PARTNERSHIPS
Marriott Marquis DC
01:30 PM - 04:30 PM
Transportation and Infrastructure Services (TIS) Federal Advocacy Committee Meeting
POLICY COMMITTEE
Marriott Marquis DC
01:30 PM - 04:30 PM
Public Safety and Crime Prevention (PSCP) Federal Advocacy Committee Meeting
POLICY COMMITTEE
Marriott Marquis DC
01:30 PM - 04:30 PM
Information Technology and Communications (ITC) Federal Advocacy Committee Meeting
POLICY COMMITTEE
Marriott Marquis DC
01:30 PM - 04:30 PM
Human Development (HD) Federal Advocacy Committee Meeting
POLICY COMMITTEE
Marriott Marquis DC
01:30 PM - 04:30 PM
Finance, Administration and Intergovernmental Relations (FAIR) Federal Advocacy Committee Meeting
POLICY COMMITTEE
Marriott Marquis DC
01:30 PM - 04:30 PM
Energy, Environment and Natural Resources (EENR) Federal Advocacy Committee Meeting
POLICY COMMITTEE
Marriott Marquis DC
01:30 PM - 04:30 PM
Community and Economic Development (CED) Federal Advocacy Committee Meeting
POLICY COMMITTEE
Marriott Marquis DC
02:00 PM - 04:00 PM
Hill Day Booth
ADVOCACY
Marriott Marquis DC
04:00 PM - 05:00 PM
Alabama League of Municipalities Caucus Meeting
AFFILIATED / IN-CONJUNCTION EVENT
Marriott Marquis DC
04:00 PM - 05:15 PM
NLC Advisory Council Meeting
GOVERNANCE
Marriott Marquis DC
04:00 PM - 05:15 PM
First Tier Suburbs Council Meeting
MEMBER COUNCILS
Marriott Marquis DC
04:00 PM - 05:15 PM
Small Cities Council Meeting
MEMBER COUNCILS
Marriott Marquis DC
04:00 PM - 05:15 PM
Large Cities Council Meeting
MEMBER COUNCILS
Marriott Marquis DC
04:00 PM - 05:15 PM
Council on Youth, Education, and Families Meeting
MEMBER COUNCILS
Marriott Marquis DC
05:00 PM - 06:00 PM
Alabama League of Municipalities Reception
AFFILIATED / IN-CONJUNCTION EVENTINVITE ONLY
Marriott Marquis DC
05:00 PM - 07:00 PM
State League Executive Directors and Staff Reception
STATE LEAGUEINVITE ONLY
Off Property
05:15 PM - 06:30 PM
Hispanic Elected Local Officials (HELO) Membership Meeting
CONSTITUENCY GROUP
Marriott Marquis DC
05:15 PM - 06:30 PM
Asian Pacific American Municipal Officials (APAMO) Membership Meeting
CONSTITUENCY GROUP
Marriott Marquis DC
05:30 PM - 06:30 PM
Strong Southern Communities Initiative Reception
INVITE ONLY
Marriott Marquis DC
06:30 PM - 07:30 PM
Joint Constituency Group Reception
CONSTITUENCY GROUPNETWORKING
Marriott Marquis DC
07:45 PM - 09:00 PM
LGBTQ+LO Dinner
CONSTITUENCY GROUPTICKET REQUIRED
Marriott Marquis DC
07:45 PM - 09:00 PM
Hispanic Elected Local Officials (HELO) Dinner
CONSTITUENCY GROUPTICKET REQUIRED
Marriott Marquis DC
07:45 PM - 09:00 PM
Asian Pacific American Municipal Officials (APAMO) Dinner
CONSTITUENCY GROUPTICKET REQUIRED
Marriott Marquis DC
08:00 PM - 10:00 PM
National Black Caucus Local Elected Officials (NBC-LEO) Networking Reception
CONSTITUENCY GROUPTICKET REQUIRED
Marriott Marquis DC
MONDAY,
MAR 11
07:00 AM - 08:30 AM
CLA|FCL Republican Mayors, City Council members Forum and Partners “Coffee Talk Breakfast”
AFFILIATED / IN-CONJUNCTION EVENT
Marriott Marquis DC
07:00 AM - 05:30 PM
Registration
Marriott Marquis DC
07:00 AM - 05:30 PM
Ask NLC
MEMBERSHIP
Marriott Marquis DC
07:00 AM - 06:00 PM
Strategic Partners Lounge
STRATEGIC PARTNERSHIPS
Marriott Marquis DC
07:15 AM - 08:15 AM
Celebrate Diversity Breakfast
TICKET REQUIRED
Marriott Marquis DC
07:30 AM - 05:00 PM
Enterprise Row
STRATEGIC PARTNERSHIPS
Marriott Marquis DC
08:00 AM - 11:00 AM
Hill Day Booth
ADVOCACY
Marriott Marquis DC
08:00 AM - 05:00 PM
State League Staff Headquarters
STATE LEAGUEINVITE ONLY
Marriott Marquis DC
08:00 AM - 05:00 PM
Safety Challenge Cities
Marriott Marquis DC
08:30 AM - 10:00 AM
Opening General Session
GENERAL SESSION
Marriott Marquis DC
08:30 AM - 11:30 AM
Federal Agency Office Hours Drop-in Room B
Marriott Marquis DC
08:30 AM - 11:30 AM
Federal Agency Office Hours Drop-in Room A
Marriott Marquis DC
10:15 AM - 10:45 AM
Press Conference
Marriott Marquis DC
10:30 AM - 12:00 PM
Deep Dive Session: Financing Local Clean Energy Projects through Direct Pay
DEEP DIVE SESSION
Marriott Marquis DC
10:30 AM - 12:00 PM
Deep Dive Session: Leveraging Technology & Innovation to Build Strong Local Economies
DEEP DIVE SESSION
Marriott Marquis DC
10:30 AM - 11:45 PM
State League Executive Directors Only Session
STATE LEAGUEINVITE ONLY
Marriott Marquis DC
12:00 PM - 01:15 PM
NLC Aviation Advisory Forum on Air Mobility and Drone Integration Marriott Marquis DC
12:00 PM - 01:15 PM
Leveraging Policy to Expand Access to Afterschool & Summer Programs Luncheon
Marriott Marquis DC
12:00 PM - 01:15 PM
Youth Delegates Luncheon and Welcome
YOUTH DELEGATE PROGRAM
Off Property
12:00 PM - 01:15 PM
Women in Municipal Government (WIMG) Luncheon
CONSTITUENCY GROUPTICKET REQUIRED
Marriott Marquis DC
12:00 PM - 01:15 PM
Legal Advisory Committee Luncheon
INVITE ONLY
Marriott Marquis DC
12:00 PM - 01:15 PM
State League Executive Directors and Staff Luncheon
STATE LEAGUEINVITE ONLY
Marriott Marquis DC
12:00 PM - 01:15 PM
Strategic Partners Luncheon
STRATEGIC PARTNERSHIPSINVITE ONLY
Marriott Marquis DC
12:00 PM - 01:15 PM
Military Communities Council Meeting
MEMBER COUNCILS
Marriott Marquis DC
12:00 PM - 01:15 PM
University Communities Council Membership Meeting
MEMBER COUNCILS
Marriott Marquis DC
12:00 PM - 01:15 PM
Networking Boxed Lunch
Marriott Marquis DC
12:00 PM - 01:30 PM
Green Workforce Development Lunch
INVITE ONLY
Marriott Marquis DC
02:00 PM - 03:30 PM
Afternoon General Session
GENERAL SESSION
Marriott Marquis DC
03:30 PM - 05:30 PM
Federal Agency Office Hours Drop-in Room B
ADVOCACY
Marriott Marquis DC
03:30 PM - 05:30 PM
Federal Agency Office Hours Drop-in Room A
ADVOCACY
Marriott Marquis DC
04:00 PM - 05:30 PM
Western Municipal Association
AFFILIATED / IN-CONJUNCTION EVENT
Marriott Marquis DC
04:00 PM - 05:30 PM
Deep Dive Session: Water Infrastructure & Environmental Protection in Urban, Rural & Suburban Communities
DEEP DIVE SESSION
Marriott Marquis DC
04:00 PM - 05:30 PM
Deep Dive Session: Aligning Workforce Development with Plans for Economic Growth
DEEP DIVE SESSION
Marriott Marquis DC
04:00 PM - 05:30 PM
Youth Delegates Workshop #1
YOUTH DELEGATE PROGRAM
Off Property
04:15 PM - 05:15 PM
Kansas Delegation Briefing/Meeting
AFFILIATED / IN-CONJUNCTION EVENT
Marriott Marquis DC
05:45 PM - 07:00 PM
Georgia Municipal Association Caucus and Reception
AFFILIATED / IN-CONJUNCTION EVENT
Marriott Marquis DC
06:00 PM - 07:00 PM
Local Indigenous Leaders (LIL) Membership Meeting
CONSTITUENCY GROUP
Marriott Marquis DC
06:00 PM - 07:00 PM
League of Arizona Cities and Towns Reception
AFFILIATED / IN-CONJUNCTION EVENT
Marriott Marquis DC
06:00 PM - 07:15 PM
Texas Reception
AFFILIATED / IN-CONJUNCTION EVENT
Marriott Marquis DC
06:00 PM - 07:30 PM
Cal Cities Reception
AFFILIATED / IN-CONJUNCTION EVENT
Marriott Marquis DC
06:00 PM - 07:30 PM
Florida League of Cities Reception
AFFILIATED / IN-CONJUNCTION EVENT
Marriott Marquis DC
06:00 PM - 07:30 PM
Youth Delegates Reception
YOUTH DELEGATE PROGRAM
Off Property
06:00 PM - 07:30 PM
National Black Caucus Local Elected Officials (NBC-LEO) General Membership Meeting
CONSTITUENCY GROUP
Marriott Marquis DC
06:00 PM - 07:30 PM
NC Leadership Reception at NLC Congressional City Conference
AFFILIATED / IN-CONJUNCTION EVENTINVITE ONLY
Off Property
06:00 PM - 07:30 PM
Association of Washington Cities Reception
AFFILIATED / IN-CONJUNCTION EVENTINVITE ONLY
Marriott Marquis DC
06:00 PM - 08:00 PM
Mississippi Delegation Reception
AFFILIATED / IN-CONJUNCTION EVENT
Off Property
06:00 PM - 08:00 PM
Rocky Mountain Reception
AFFILIATED / IN-CONJUNCTION EVENT
Off Property
06:30 PM - 07:30 PM
LGBTQ+LO Membership Meeting
CONSTITUENCY GROUP
Marriott Marquis DC
07:00 PM - 09:00 PM
DMO Oh So Blue "After Dark" Reception
AFFILIATED / IN-CONJUNCTION EVENT
Marriott Marquis DC
07:00 PM - 09:30 PM
League of Oregon Cities Reception
AFFILIATED / IN-CONJUNCTION EVENTINVITE ONLY
Marriott Marquis DC
08:00 PM - 11:30 PM
National Black Caucus Local Elected Officials (NBC-LEO) Night Out
CONSTITUENCY GROUPTICKET REQUIRED
Off Property
09:00 PM - 11:00 PM
Young Municipal Leaders (YML) Networking Reception
MEMBERSHIPNETWORKING
Off Property
TUESDAY,
MAR 12
07:00 AM - 12:30 PM
Registration
Marriott Marquis DC
07:00 AM - 05:30 PM
Strategic Partners Lounge
STRATEGIC PARTNERSHIPS
Marriott Marquis DC
07:30 AM - 08:45 AM
State League State Advocacy Breakfast
STATE LEAGUEINVITE ONLY
Marriott Marquis DC
07:30 AM - 12:15 PM
Enterprise Row
STRATEGIC PARTNERSHIPS
Marriott Marquis DC
07:30 AM - 12:30 PM
Ask NLC
MEMBERSHIP
Marriott Marquis DC
08:00 AM - 09:00 AM
NLC Rail Roundtable
Marriott Marquis DC
08:00 AM - 10:00 AM
Alabama League of Municipalities Breakfast
AFFILIATED / IN-CONJUNCTION EVENTINVITE ONLY
Marriott Marquis DC
08:00 AM - 11:00 AM
Hill Day Booth
ADVOCACY
Marriott Marquis DC
08:00 AM - 05:00 PM
State League Staff Headquarters
STATE LEAGUEINVITE ONLY
Marriott Marquis DC
09:00 AM - 10:30 AM
Deep Dive Session: Advancing Local Action on Climate Change & Community Resilience
DEEP DIVE SESSION
Marriott Marquis DC
09:00 AM - 10:30 AM
Deep Dive Session: Housing and Homelessness: Federal Aid and Promising Practices
DEEP DIVE SESSION
Marriott Marquis DC
11:00 AM - 12:00 PM
Nature Everywhere Strategy Gallery
Marriott Marquis DC
11:00 AM - 12:30 PM
Funding for Equity: Unlocking Philanthropic & Public Finance Opportunities in Small to Mid-Size Cities
CONCURRENT WORKSHOP
Marriott Marquis DC
11:00 AM - 12:30 PM
Deep Dive Session: Accessing Federal Transportation Grants & Opportunities for Your Community
DEEP DIVE SESSION
Marriott Marquis DC
11:00 AM - 12:30 PM
Deep Dive Session: Building a Community-Centric Approach to Emergency Response Services
DEEP DIVE SESSION
Marriott Marquis DC
11:00 AM - 12:30 PM
Mayors’ Education Task Force (Mayors Only)
Marriott Marquis DC
11:00 AM - 12:30 PM
Youth Delegates Workshop #2
YOUTH DELEGATE PROGRAM
Off Property
12:45 PM - 02:15 PM
Luncheon and General Session
GENERAL SESSION
Marriott Marquis DC
01:00 PM - 05:00 PM
Federal Agency Office Hours Drop-in Room D
Marriott Marquis DC
01:00 PM - 05:00 PM
Federal Agency Office Hours Drop-in Room C
ADVOCACY
Marriott Marquis DC
01:00 PM - 05:00 PM
Federal Agency Office Hours Drop-in Room B
Marriott Marquis DC
01:00 PM - 05:00 PM
Federal Agency Office Hours Drop-in Room A
Marriott Marquis DC
02:45 PM - 04:15 PM
Youth Delegates Workshop #3 and Closing Session
YOUTH DELEGATE PROGRAM
Off Property
03:00 PM - 04:15 PM
Hill Day Training Session for Participants
ADVOCACYINVITE ONLY
Marriott Marquis DC
04:00 PM - 06:00 PM
Race, Equity and Leadership (REAL) Council Meeting
MEMBER COUNCILS
Marriott Marquis DC
04:15 PM - 05:30 PM
Women in Municipal Government (WIMG) Board Meeting
CONSTITUENCY GROUP
Marriott Marquis DC
08:00 PM - 10:00 PM
NLC 100th Anniversary Spring Celebration!
NETWORKING
Marriott Marquis DC
09:00 PM - 11:00 PM
Late Night Partner Event
STRATEGIC PARTNERSHIPSINVITE ONLY
Marriott Marquis DC
WEDNESDAY,
MAR 13
08:00 AM - 09:15 AM
Grab & Go for Breakfast - Hill Day Participants
ADVOCACY
Marriott Marquis DC
09:00 AM - 05:00 PM
NLC Advocacy Day on Capitol Hill
ADVOCACY
Off Property
2/7/24, 4:20 PM 2024 CivicWell Policymakers Conference at Yosemite - CivicWell https://civicwell.org/civic-events/yosemite2024/ 1/12
Events
2024 CivicWell Policymakers Conference
March 14-17, 2024
Events
2024 CivicWell Policymakers Conference
March 14-17, 2024
The 32nd annual CivicWell Policymakers Conference will be held March 14-17, 2024 in Yosemite National Park.
Since 1991, the CivicWell Policymakers Conference has gathered local elected officials from across California in an inspiring and collaborative environment.
This intimate gathering brings together over 100 mayors, city council members, and county supervisors in the majestic setting of Yosemite National Park. The event is designed to support local elected officials with tools and partnership opportunities to implement innovative solutions locally.
From climate resilience and clean energy to affordable housing and social equity, the conference explores sustainable and practical tools to address the complex issues we face.
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ATTACHMENT 2
2/7/24, 4:20 PM 2024 CivicWell Policymakers Conference at Yosemite - CivicWell https://civicwell.org/civic-events/yosemite2024/ 2/12
Meet the Speakers
Lisa A. Baker
Planner
Former CEO, Yolo Housing
Catherine Blakespear
California State Senator
Ulises Cabrera
Mayor
City of Moreno Valley
Lisa Craig
Mayor
City of Lodi
Register Now Menu
2/7/24, 4:20 PM 2024 CivicWell Policymakers Conference at Yosemite - CivicWell https://civicwell.org/civic-events/yosemite2024/ 3/12
Yana Garcia
Secretary for Environmental Protection
California EPA
Camille Graham
CivicSpark Fellow
City of Sacramento
Carl Guardino
VP of Government Affairs & Policy
Tarana Wireless
Stephen Honikman
VP of Business Development
Electriq Power
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2/7/24, 4:20 PM 2024 CivicWell Policymakers Conference at Yosemite - CivicWell https://civicwell.org/civic-events/yosemite2024/ 4/12
Anna Klovstad
Councilmember
Town of Truckee
Jeremy Madsen
Executive Director
Build It Green
Karthick Ramakrishnan
Director, AAPI Data
Professor of Public Policy, UC Riverside
Geoffrey Ross
Director, Government Services
Horne
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2/7/24, 4:20 PM 2024 CivicWell Policymakers Conference at Yosemite - CivicWell https://civicwell.org/civic-events/yosemite2024/ 5/12
Jason Scott-Sheets
CivicSpark Fellow
County of Sacramento
John Robert Smith
Chair, Transportation for America
Senior Policy Advisor, Smart Growth America
Shalini Vajjhala
Executive Director
PRE Collective
Beth Vaughan
CEO
California Community Choice Association (CalCCA)
About
New Partners and Big Ideas
Climate disaster mitigation and recovery. Sustainable transportation infrastructure. Environmental justice. Long-term community resilience.
Complex issues require out-of-the-box approaches. The most impactful initiatives may rely on multi-sector partnerships, bipartisan collaborations, and transformative thinking.
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2/7/24, 4:20 PM 2024 CivicWell Policymakers Conference at Yosemite - CivicWell https://civicwell.org/civic-events/yosemite2024/ 6/12
Agenda
California is at an inflection point. This year has been marked by extreme weather events along with unprecedented levels of federal and state infrastructure investment. As local leaders advocate for the health, safety, and future of our communities, now is the time to learn from one another and collaborate on the solutions we need to meet the moment.
At this 32nd annual CivicWell Policymakers Conference, we will hear from visionary public and private sector leaders on what’s worked and what’s to come. We will share best practices to support innovative local projects. We will explore new ideas for groundbreaking win-win partnerships.
The conference will take place from Thursday evening, March 14th to Sunday morning, March 17th. All conference sessions will be held in the Garden Terrace Room at the Yosemite Valley Lodge.
The below agenda is tentative and subject to change at any time. Topics and speakers will be added as they are confirmed.
Thursday, March 14
6:00 – 7:30 pm
Registration
7:30 – 8:00 pm
Opening Reception
8:00 – 9:00 pm
Lessons on Cross-Jurisdictional Governance from Transportation Catherine Blakespear, State Senator for California’s 38th District John Robert Smith, Transportation for America Chairman/Senior Policy Advisor, Smart Growth America Moderator: Anna Klovstad, Councilmember, Town of Truckee Friday, March 15
8:30 – 9:30 am
Breakfast
9:30 – 11:00 am
Youth as the Future of the Climate Movement
Ulises Cabrera, Mayor, City of Moreno Valley
Camille Graham, CivicSpark Fellow, City of Sacramento
Karthick Ramakrishnan, Director of AAPI Data/Professor of Public Policy, UC Riverside Jason Scott-Sheets, CivicSpark Fellow, County of Sacramento 11:00 – 11:15 am
Coffee Break
11:15 am – 12:30 pm
Networking Roundtables
12:30 – 1:30 pm
Lunch / Networking
1:30 – 7:30 pm
Break
Participants free for dinner on their own
7:30 – 9:00 pm
Sustainable Funding Strategies for Infrastructure
Shalini Vajjhala, Executive Director, PRE Collective
Moderator: Bernadette Austin, CEO, CivicWell
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2/7/24, 4:20 PM 2024 CivicWell Policymakers Conference at Yosemite - CivicWell https://civicwell.org/civic-events/yosemite2024/ 7/12
Registration
Saturday, March 16
8:30 – 9:30 am
Breakfast
9:30 – 10:45 am
Energy Innovations and Solutions
Beth Vaughan, CEO, California Community Choice Association (CalCCA) 10:45 – 11:15 am
Coffee Break
11:15 am – 12:30 pm
Electrification and Equity in Housing and Community Development Lisa A. Baker, Planner/Former CEO, Yolo Housing
Stephen Honikman, VP Business Development, Electriq Power Jeremy Madsen, Executive Director, Build It Green
Alicia Sebastian, Executive Director, California Coalition for Rural Housing 12:30 – 6:00 pm
Break
Participants free for lunch on their own
6:00 – 7:00 pm
Dinner
7:00 – 8:30 pm
Preparing for Disaster: Planning for Resilience and Recovery in a Disjointed Funding Landscape Lisa Craig, Mayor, City of Lodi
Ryan Flanery, Director, Government Services, Horne
Geoffrey Ross, Director, Government Services, Horne
Moderator: Carl Guardino, VP Government Affairs and Policy, Tarana Wireless Sunday, March 17
8:30 – 9:30 am
Breakfast
9:30 – 9:45 am
Closing Remarks
9:45 – 11:00 am
Closing Keynote
Yana Garcia, Secretary for Environmental Protection, CalEPA Registration open now!
This conference is for elected officials only. If you are not an elected official but would like to attend, we invite you to explore our sponsorship opportunities below.
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2/7/24, 4:20 PM 2024 CivicWell Policymakers Conference at Yosemite - CivicWell https://civicwell.org/civic-events/yosemite2024/ 8/12
Lodging
Level Regular Rate Late Registration – After Feb 29
Members $750 $850
Non-Members $850 $950
Registration with added CivicWell Membership* $900 $1000 *Special Note About Member Discount
Become a CivicWell member today! Individual memberships are $150, but if you add on a membership below you automatically get the member registration rate for the conference. This applies both for new members and for membership renewal. Because the member registration rate is $100 less than the non-member rate, the additional total for a year of membership is only $50! CivicWell members receive event discounts, webinars with case studies on climate resilience and capacity-building projects, resources, and timely information about funding opportunities.
***
Scholarships
A limited number of scholarships are available. If you are interested in requesting a scholarship, contact Kelsey Wolf-Cloud. ***
Cancellation Policy
Registrations may be canceled up until February 23, 2024. The cancellation fee is $100.
In lieu of cancellation, registration may be transferred to another elected official at any time before March 7, 2024 free of charge by contacting [email protected]. After March 7, no refunds will be offered.
Looking to carpool with someone? Sign up here to hopefully find a travel companion.
LODGING UPDATE
Lodging is sold out within Yosemite National Park, unless you are planning to stay fewer than all three nights of the conference. If you have not booked your lodging yet, you may still book lodging at Yosemite View Lodge, outside the park. It is approximately a 30 minute drive from this hotel to the conference location. Your Yosemite entrance pass is good for one week.
We are working with both the Lodge and the Ahwahnee to try to secure more rooms for the conference, but there is no guarantee. We will update this page should we be able to do so.
***
The 2024 CivicWell Policymakers Conference will be held at the Yosemite Valley Lodge in Yosemite National Park.
A limited number of rooms are available at a discounted rate using our group code 14Q66O at both the Yosemite Valley Lodge and the Ahwahnee Hotel. Our group rate for the Yosemite Valley Lodge is $300/night, and $616/night for the Ahwahnee Hotel. Book soon, as these will sell out!
If you would like to reserve a room, visit travelyosemite.com or contact the hotel’s reservations office at 888-413-8869 option 1. You can find detailed instructions here.
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2/7/24, 4:20 PM 2024 CivicWell Policymakers Conference at Yosemite - CivicWell https://civicwell.org/civic-events/yosemite2024/ 9/12
Sponsorship
For More Information
Thank You To Our Sponsors
The CivicWell Policymakers Conference is an excellent opportunity for sponsors to build meaningful relationships with local policymakers, highlight and deepen your commitment to sustainable communities, and raise your profile with community resilience leaders.
To learn more about sponsorship opportunities, view the Sponsorship Brochure and contact Kelsey Wolf-Cloud at [email protected] for information.
Download the Sponsorship Brochure
For questions about registration and logistics, please contact:
Heather Killion
(916) 448-1198 x303
[email protected]
For questions about sponsorship or the program, please contact:
Kelsey Wolf-Cloud
[email protected]
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2/7/24, 4:20 PM 2024 CivicWell Policymakers Conference at Yosemite - CivicWell https://civicwell.org/civic-events/yosemite2024/ 10/12
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2/7/24, 4:20 PM 2024 CivicWell Policymakers Conference at Yosemite - CivicWell https://civicwell.org/civic-events/yosemite2024/ 11/12
Thank You to Our Business Partners
CivicWell inspires, equips, connects, and cultivates leadership for local innovation and community change.
520 Capitol Mall, Suite 440
Sacramento, California 95814
Phone (916) 448-1198
Fax (916) 448-8246
[email protected]
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2/7/24, 4:20 PM 2024 CivicWell Policymakers Conference at Yosemite - CivicWell https://civicwell.org/civic-events/yosemite2024/ 12/12
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y Policy
enu
2/15/24, 2:26 PM Annual Conferences | Latinos for Water https://latinosforwater.org/conferences/ 1/4
The Water Education for Latino Leaders (WELL) 12th Annual Statewide Conference will be held from Friday, March 15 to Saturday, March 16, 2024, in San Jose, CA!
WELL will bring together top water policy experts and practitioners to share their knowledge on California’s top water challenges and the opportunities to mitigate the impacts. Join us at our annual conference to expand your water knowledge and provide water solutions for your community. Full panel topics and descriptions will be announced soon.
Conference Overview:
Friday, March 15:
2:00 pm – 4:00 pm – Water Tour
6:00 pm – 8:00 pm – Evening Reception hosted at the San Jose City Hall Rotunda
Saturday, March 16:
9:00 am – 3:00 pm – Conference hosted at the Hilton San Jose Address:
300 S Almaden Ave, San Jose, CA 95110
ATTACHMENT 3
2/15/24, 2:26 PM Annual Conferences | Latinos for Water https://latinosforwater.org/conferences/ 2/4
Panel #1: How can we incorporate principles of equity into the design and upkeep of existing and upcoming water infrastructure projects? Description: Panelists will share how we can invest and design water infrastructure projects to benefit minority communities that have historically been overburdened with ecological inequities. Questions to ask include: How can we keep water affordable while prioritizing infrastructure maintenance and conservation efforts? What investments in infrastructure improvement projects can be used to provide community benefits, such as local workforce development, neighborhood revitalization, and contracting and procurement for small, minority-owned, and women-owned businesses? What new and existing projects can be designed to preserve the long-term accessibility of water resources without harming local communities or the environment?
Panel #2: How are extreme weather events impacting our water resources, infrastructure, and water quality?
Description: Panelists will share the impacts of climate change on communities and how early investments will support long-term water resources. Questions to ask include: How will climate change impact the long-term reliability of our water resources? How can we prepare our communities to mitigate the impacts of severe weather, droughts, fires, and flooding? How can local elected officials access funding to address water quality challenges in their communities?
Panel #3: What state and local policy changes are needed to meet California’s future water needs?
Description: Panelist will discuss the policy changes and water management strategies needed to ensure sustainable water usage. Questions to ask include: How will changes to state and local water policy impact the management of our water resources in the next year? How will the renegotiation of water allocations for the Colorado River impact local and state economies and sustainability goals? How are water shortages in Native American Tribal Lands being taken into consideration?
2/15/24, 2:26 PM Annual Conferences | Latinos for Water https://latinosforwater.org/conferences/ 3/4
Click here to view sponsorship opportunities.
Need a hotel room?
WELL has a room block available at Hilton San Jose, 300 Almaden Boulevard, San Jose, CA 95110
Click here to view the rooms available.
2/15/24, 2:26 PM Annual Conferences | Latinos for Water https://latinosforwater.org/conferences/ 4/4
Travel and Training FY 23-24 Budget Tracking for Council Training/Travel Event Total Remaining Balance
$ 8,644.33 $ 1,355.67
1 Sacramento Annual Conf/Expo: Sept 20 - 22 $ 1,371.08
2 Washington DC National Advocacy Day:Oct 3 - 6 $ 1,573.25 3 Washington US Conference of Mayors: Jan 16 - 19 $ 3,600.00 4 Monterey Mayors and Council Members Academy: Jan 24 - 26 $ 1,700.00 5 Water Education for Latino Leaders: Mar 15 - 16 (est) $ 400.00 Training/Travel Event Total Remaining Balance
$ 1,367.40 $ 8,632.60
1 Sacramento Annual Conf/Expo: Sept 20 - 22 $ 1,367.40
Training/Travel Event Total Remaining Balance
$ 2,000.00 $ 8,000.00
1 CivicWell Policymakers Conference: Mar - 14 - 17 (est) $ 2,000.00 Training/Travel Event Total Remaining Balance
$ 7,625.53 $ 2,374.47
1 Sacramento Annual Conf/Expo: Sept 20 - 22 $ 1,406.69
2 San Francisco CALNET Summit: Nov. 16 - 17 $ 493.68
3 San Francisco National API Summit: Nov. 18 - 19 $ 525.16 4 Monterey Mayors and Council Members Academy: Jan 24 - 26 $ 1,700.00 5 National League of Cities congressional City Conference: Mar 9 - 14 (est) $ 3,500.00 Training/Travel Event Total Remaining Balance
$ - $ 10,000.00
1 FY23-24 Amount
Expended/Estimated
Mayor Montano
Councilmember Phan
Councilmember Lien
Vice Mayor Chua
Councilmember Barbadillo
FY23-24 Amount
Expended/Estimated
FY23-24 Amount
Expended/Estimated
FY23-24 Amount
Expended/Estimated
FY23-24 Amount
Expended/Estimated
ATTACHMENT 4
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Summary of 2023 Legislative Efforts (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 2/20/2024
Recommendation: Review and accept the 2023 Legislative Season Summary Report, including an update on potential 2024 State and Federal Earmark Requests.
BACKGROUND:
On May 18, 2021, the City Council approved the Legislative Advocacy Policy (Attachment 1). The Policy includes Legislative Guiding Principles and establishes clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government and provides guidance for City officials who serve on regional, state, and national boards, committees, and commissions when they are asked to review public policy matters and issues.
On September 6, 2022, the Mayor and City Council directed staff to issue a request for proposals for Federal and State legislative advocacy services. In January 2023, the City contracted with Kiley & Associates for these services, the primary areas of focus for this contract include:
• Tracking pending legislation and issues that could be impactful or important to the City; • Advocating or opposing legislation that significantly impacts the City; and • Engaging with State and Federal agencies to expedite reimbursement for expenditures, clarify administrative rulings, advocate for funding requests, etc.
Kiley & Associates specializes in advocacy at the Federal level, and they have partnered with the firm of Gonsalves & Sons to provide the City with specific advocacy and expertise at the State level.
Legislation and issues of interest are brought to the City’s attention through several means: League of California Cities, National League of Cities, Cities Association of Santa Clara County, City Councilmembers, legislators, city staff, community members, and professional or governmental organizations. Per the Council Policy, all legislation or issues of interest shall be referred to the City Manager’s Office.
The June 6, 2023 City Council meeting included a status of the one time funding or “earmark” requests that the City made to State and Federal representatives in calendar year 2023. An update on the status of these requests is included in the analysis section of this agenda report.
The September 19, 2023 City Council meeting included a status of legislative advocacy positions taken by the City during the 2023 legislative session. A summary of the final result of the 2023 legislation which the City took a position on is included in the analysis section of this report.
On January 12, 2024, in alignment with City Council policy, Mayor Carmen Montano provided a letter to Federal and State legislative representatives indicating key projects and programs in the City which may be eligible for State and Federal earmarks during 2024. A copy of the letter sent to State Assemblymember Alex Lee is included as Attachment 2 to this report. Similar letters were also sent to State Senator Aisha Wahab, Federal Representative Ro Khanna, State Senator Alex Padilla and State Senator Laphonza Butler.
ANALYSIS:
Per the City Policy, staff is providing the final results of the 2023 legislative season action updates to the Council. This report provides a summary of the final result of the 2023 legislation that the City took a position on is included in the analysis section of this report.
Legislative Advocacy – Letters Issued to the State Legislature Based on the Legislative Advocacy Police and Legislative Guiding Principles, staff recommended a support or oppose position on 14 bills, for the Mayor’s signature. Consistent with the policy, Mayor Carmen Montano signed the letters supporting or opposing these bills.
The table below provides a summary of the 14 measures the City opposed or supported including the number and author of the measure, description of the measure, the City’s position, the primary City Legislative Policy guiding principle guiding the support or opposition to the measure and the final result of the measure. A more detailed summary of each measure with links to the bills are included as Attachment 3 to this report.
Item
No.
Measure
No. &
Author
Measure Title Measure Description City
Position
Final
Outcome
Primary
Legislative
Guiding
Principle
1 AB 33 (Bains) Fentanyl
Addiction and
Overdose
Prevention Task
Force.
This law in California sets up different
categories or ‘Schedules’ for controlled
substances, including the drug fentanyl,
with the greatest restrictions and penalties
for Schedule I drugs. It is illegal to
possess or purchase for sale specified
controlled substances such as fentanyl
and punishment can include 2-4 years in
prison. This bill sets up a new task force
that will look into the impact of fentanyl
abuse in the state and will collect data,
evaluate solutions and increase public
awareness.
Support Chaptered 2. Support
Efforts to
Keep Milpitas
Safe
2 AB 367
(Maienschein)
Controlled
substances:
enhancements
This bill states that if a person sells,
furnishes, administers, or gives away
fentanyl or a related substance and that
person suffers a significant or substantial
physical injury as a result, then the person
who sold, furnished, administered, or gave
away the substance can get an added
sentence of 3-5 years in state prison.
Support Dead 2. Support
Efforts to
Keep Milpitas
Safe
3 SB 363
(Eggman)
Conservatorship
Reform and
Behavioral
Health Bed
Database
This bill would establish a real-time
dashboard of available beds in psychiatric
and substance abuse facilities.
Support Held in
suspense
file
7. Support
and Promote
Inclusive
Communities
4 SB 43
(Eggman)
Conservatorship
Reform and
Behavioral
Health Bed
Database
This bill would make it easier to provide
treatment to those unable to care for
themselves.
Support Chaptered 7. Support
and Promote
Inclusive
Communities
5 AB 474
(Rodriguez)
State Threat
Assessment
Center:
Transnational
Criminal
Organizations
This bill will improve community safety in
the City of Milpitas for our first responders
and residents. Our police officers and
firefighters are encountering fentanyl at an
alarming rate. Each encounter places
them at risk of an unintentional overdose.
Support Vetoed 2. Support
Efforts to
Keep Milpitas
Safe
6 AB 955
(Petrie-Norris)
Controlled
Substances
This bill will improve community safety in
the City of Milpitas for our first responders
and residents. Our police officers and
firefighters are encountering fentanyl at an
alarming rate. Each encounter places
them at risk of an unintentional overdose.
Support Dead 2. Support
Efforts to
Keep Milpitas
Safe
7 AB 1175
(Quirk-Silva,
et.al)
Outdoor
Advertising
This bill would allow a local jurisdiction to
request from Caltrans a five-year
extension of an original provision of the
Outdoor Advertising Act that treated offsite advertising displays located in a former redevelopment area as an onpremises sign. Support of this bill was coordinated with the City partners at the
Great Mall.
Support Chaptered 5. Protect and
Increase
Local
Funding, No
Unfunded
Mandates
8 SB 719
(Becker)
Law enforcement
agencies: radio
communications.
This bill would require law enforcement
agencies in California such as municipal
police departments, county sheriff’s
departments, local law enforcement
agencies, and university and college
police departments to provide real time
access to their radio communications by
2024. It would also require those agencies
to make sure any criminal justice
information obtained through CLETS (the
California Law Enforcement
Telecommunications System) is not
accessible to the public. If expenses
incurred by local agencies are determined
to be mandated by the state,
reimbursement will be provided.
Oppose Held in
Senate
2. Support
Efforts to
Keep Milpitas
Safe
9 AB 742
(Jackson)
Law
enforcement:
police canines.
Existing law allows police officers to use a
certain amount of force when making an
arrest in order to prevent an escape or in
response to resistance. The law also
prevents the use of physical objects, like
chemical agents and projectiles, to
disperse any assembly, protest or
demonstration, as long as it meets certain
standards. This bill would make it illegal
for law enforcement to use an unleashed
police dog when apprehending someone,
and prevent them from using any police
canine for crowd control, or training police
dogs in a way that does not follow this bill.
Oppose Dead 2. Support
Efforts to
Keep Milpitas
Safe
10 AB 1532
(Haney)*
Office
conversion
projects.
This bill would allow developers of certain
housing projects to convert office
buildings into residential dwellings without
needing additional permits or approvals.
Additionally, it would exempt these
conversions from impact fees, and would
require local governments to review and
approve these projects as a "use by right."
Furthermore, it would establish a program
to award funding to these "office
conversion projects," and when approved,
the state would reimburse local
governments for the costs incurred.
Oppose Dead 1. Protect
Local Control
11 AB 1504
(McCarty)
Planning and
Zoning: Electric
Vehicle Charging
Infrastructure:
Public Right-OfWay
This bill would expand administrative
review requirements to charging stations
installed in the public right-of-way and
charging stations installed with a battery
storage system.
Oppose Dead 1. Protect
Local Control
12 SB 423
(Wiener)
Land use:
streamlined
housing
approvals:
multifamily
housing
developments.
This bill would change the law for
approving development projects. It would
require local governments to approve
certain types of development projects,
such as multifamily housing
developments, that meet certain objective
planning standards. The standards would
change to include deleting the standard
that prohibits the project in a coastal zone,
alternative definition for “affordable
housing costs,” and certification that wage
Oppose Chaptered 1. Protect
Local Control
and labor standards will be met. It would
also allow the Department of General
Services to act in the place of a locality or
local government at their discretion. The
bill would prohibit public oversight of the
development and require reimbursement
to local agencies and school districts if
otherwise mandated.
13 AB 1572
(Friedman)
Potable Water:
nonfunctional turf
Would make legislative findings and
declarations concerning water use,
including that the use of potable water to
irrigate nonfunctional turf is wasteful and
incompatible with state policy relating to
climate change, water conservation, and
reduced reliance on the Sacramento-San
Joaquin Delta ecosystem. The bill would
direct all appropriate state agencies to
encourage and support the elimination of
irrigation of nonfunctional turf with potable
water.
Neutral if
amended
Chaptered 8. Promote
Livability and
Environmental
Stewardship
14 AB 84 (Ward) Property tax:
welfare
exemption:
affordable
housing.
This bill would create a partial exemption
from property taxes for rental housing and
related facilities owned or operated by
certain types of non-profit entities if certain
conditions are met, such as, financing
from qualified 501(c)(3) bonds, deed
restrictions or regulatory agreements with
lower income rental rates. It would also
provide that this partial exemption is
available for property subject to legal
restriction providing units for lower income
households, and would require an affidavit
accompanying the claim for exemption.
This bill would also require the county
assessor to conditionally grant the
exemption and would require
reimbursement for certain costs mandated
by the state. It would take effect
immediately as a tax levy.
Oppose Chaptered 1. Protect
Local Control
* A letter opposing AB 1532 was not sent forward as the bill is no longer moving forward. However, staff has left the bill on the above list to track the City position for future reference if this bill were to proceed again in a future legislative session State and Federal Earmark Funding requests
Most years, earmark funding is available at the State and Federal levels. In the 2022 legislative session, the City received $5.5 million in earmark funding as follows:
1. Carbon Neutral Homes Incentive Program ($3 million from State of California);
2. Homelessness Prevention and Unhoused Services ($1.5 million from State of California);
3. Bike Lanes Facility Enhancement Project ($1 million from State of California) Staff submitted additional funding requests in 2023 for various projects and received a total of $2 million ($1.5 million for Milpitas SMART from the State of California and $500,000 for Main Street from the Federal Government). Staff has already received a check from the State for the Milpitas SMART funding. For the Main Street funding, it appears that this still needs to receive final Federal Budget approvals before staff is able to access the funding.
As noted in the background section of this report, Mayor Carmen Montano sent a letter to State and Federal legislative leaders regarding potential priority projects for earmarks in 2024. Staff will work with staff from legislative offices and the City’s legislative consultants to determine which of these projects, or other projects, may fit best for potential earmarks and submit those requests formally to State and Federal legislative offices over the next few months.
FISCAL IMPACT:
Any fiscal impact will be identified when, and if, the implementation of a particular legislation requires Council approval or funding. This would typically be as part of the City’s annual budget approval process.
California Environmental Quality Act (CEQA):
The action is an organizational or administrative activity of the City government that will not result in direct or indirect physical changes in the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.
RECOMMENDATION:
Review and Accept the 2023 Legislative Season Action Report, Including an Update on 2023 State and Federal Earmark Requests.
Attachment(s):
(a) Legislative Advocacy Policy and Legislative Guiding Principles (c) City of Milpitas 2024 Project and Program Priorities for Potential Earmarks (d) Summary of Final Outcomes of 2023 State bills upon which City took positions
CITY OF MILPITAS
Revision Date
Original 5/18/2021
CITY COUNCIL POLICY
1. PURPOSE
1.1. To establish clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government and to provide guidance for City officials who serve on regional, state, and national boards, committees, and commissions when they are asked to review public policy matters and issues.
2. POLICY
2.1. This policy outlines the guiding principles and process to enable a comprehensive review of legislation affecting the City of Milpitas, seek Council’s position on proposed legislation, and to make the City’s position known.
2.2. All legislative reviews shall be made on the basis of the effect on the City and the community as a whole, and taking into account existing City positions, policies, or goals.
2.3. The City shall support the legislative positions of the Cities Association of Santa Clara County, League of California Cities, and the National League of Cities, on priority bills that benefit the City of Milpitas.
2.4. The City shall adopt Legislative Guiding Principles (LGP) based on approved Council Priority Areas, the adopted General Plan, the Economic Development Strategy, and other Council approved master plans and strategic plans.
2.5. On an annual basis, the LGP shall be updated as needed, and shall be approved by the City Council at the beginning of the calendar year.
3. DEFINITIONS
3.1. The following definitions are provided solely as a guide to assist in the application of this policy and may be subject to change.
1.1.1. Department – Includes all City departments and offices
1.1.2. Economic Development Strategy – A five year strategy document adopted by the City Council in May 2020
1.1.3. General Plan – A comprehensive planning document adopted by the Council in March 2021
Policy No:
1-2
LEGISLATIVE ADVOCACY POLICY Effective Date:
5/18/2021
Revision No:
N/A
Policy Administrator:
City Manager
Next Review Due:
Click or tap to enter a
date.
Related Policies and
Procedures:
Click or tap here to enter
text.
Approved by:
City Council, 5/18/2021, Item # C9: 5-0
vote
Date Approved:
5/18/2021
CITY OF MILPITAS
Revision Date
Original 5/18/2021
LEGISLATIVE ADVOCACY POLICY / POLICY # 1-2
1.1.4. Legislative Advocacy – A position of support or opposition to proposed legislation
1.1.5. Legislative Guiding Principles – Principles adopted on an annual basis by the City Council to guide the City’s position on proposed legislation
1.1.6. Milpitas Municipal Code – Codification of the General Ordinances of Milpitas
4. PROCEDURE
4.1. Legislation and issues of interest are brought to the City’s attention through several means:
League of California Cities, National League of Cities, Cities Association of Santa Clara County, Councilmembers, legislators, City staff, community members, and professional or governmental organizations. All legislation or issues of interest shall be referred to the City Manager’s Office.
4.2. City Manager’s Office (CMO) shall review the proposed legislation and, if warranted, request assistance from the City Attorney and/or from one or more departments.
4.3. The process for evaluation and action related to proposed legislation of particular interest to the City shall be as follows:
1.1.1. CMO/Department shall evaluate the proposed bill for its impact on Milpitas, recommend a position and potential action, and draft a position statement or support/opposition letter.
1.1.2. If Council has previously adopted a policy directly relevant to the proposed legislation or if the proposed legislation is generally consistent with the City’s Legislative Guiding Principles, the Mayor or City Manager may sign a letter supporting or opposing legislation on behalf of the City as further detailed below.
1.1.3. If there is no Council policy relative to the legislation, the issue is politically controversial, or there is significant community interest in the issue, the proposed legislation, including a recommendation to support, remain neutral, or oppose the legislation, will be brought to Council for consideration.
1.1.4. Letters and other communications expressing the City’s position on legislation will bear the signature of the Mayor in accordance with the Milpitas Municipal Code. If the legislation will mainly impact the City’s operations, the communication may be signed by the City Manager or designee.
1.1.5. In order to keep the City Council informed of all City communications on legislation, copies of the letter or summary of actions will be distributed to the City Council as information items.
4.4. Quarterly legislative updates on items of interest will be provided to the City Council.
CITY OF MILPITAS
Revision Date
Original 5/18/2021
LEGISLATIVE ADVOCACY POLICY / POLICY # 1-2
1. Protect Local Control
The City values its ability and authority to exercise local control, enable excellent public services and protect andenhance the quality of life for Milpitas residents and businesses. The City supports efforts to streamline regulations that benefit the administration of the City and opposes efforts that erode the City's authority to controlits own affairs.
2. Support Efforts to Keep Milpitas Safe
The City supports legislation and policies that enable local officials to access resources to provide quality police, fire, emergency management, emergency medical services, youth violence prevention initiatives, and to engagethe community in its own safety.
3. Support Efforts to Create Affordable Housing
The City supports legislation and policies that enable local officials to access resources to support the creation of affordable housing and to strive for a balance of jobs and housing in each city across the region.
4. Support City’s Vision for Strategic, Sustainable, and Smart Growth The City strives to foster economic development, including planning and implementation of regional transportationand traffic congestion relief projects. The City supports legislation and policies that support local initiatives to develop or redevelop the community to strengthen the local and regional economy, to accommodate local workers' housing needs in places close to transit and jobs, and to continually improve services provided to the community.
5. Protect and Increase Local Funding, No Unfunded Mandates The City opposes legislation, policies, or budgets that have negative impacts on City services, revenues or costs.The City supports efforts that protect and enhance local governments’ revenues, maximize access to State and Federal funding sources, and increase local funding flexibility including legislation that allows the City to recover costs related to state and federal mandates.
6. Pursue or Retain Federal and State Funding for Key Efforts In order to support the City's efforts and key policies to provide quality services, affordable housing, transportation, and public infrastructure for its residents and businesses, and to fund the needed strategic supportservices, it is necessary that the federal and state governments act as partners with local government and provide appropriate levels of funding for these City and regional efforts.
7. Support and Promote Inclusive Communities
The City values diversity and recognizes all residents, including immigrants, as valuable contributors to ourcommunity’s success. Support legislation that helps our residents be safe, healthy, and able to thrive, whileproviding opportunities to actively engage in civic, cultural, and economic life.
CITY OF MILPITAS – LEGISLATIVE GUIDING PRINCIPLES
CITY OF MILPITAS
Revision Date
Original 5/18/2021
LEGISLATIVE ADVOCACY POLICY / POLICY # 1-2
8. Promote Livability and Environmental Stewardship
The City values a sustainable quality of life in an urban environment. The City supports legislation and policies that emphasize sustainable development; improve environmental standards and the regulatory process; provideincentives and financial support for preservation of natural resources; promote sustainable energy and water policies; and support efforts to mitigate odor issues.
9. Promote Investment in Infrastructure
The City supports legislation and policies that promote investing in the maintenance and rehabilitation of aginginfrastructure and build system capacity expansion in a smart and sustainable manner.
OFFICE OF MAYOR CARMEN MONTANO
January 12, 2024
Honorable Assemblymember Alex Lee via E-mail:
1313 North Milpitas Boulevard, Suite 255 [email protected] Milpitas, CA 95035
RE: City of Milpitas Priority Projects for 2024
Dear Assemblymember Lee,
On behalf of the City of Milpitas, I want to thank you again for your strong support for your hometown of Milpitas in prior year’s State budget processes, including, but not limited to, the funding homeless services, Milpitas SMART, bicycle lanes and more. As we move forward into 2024, I am sending you this list of priority projects in Milpitas that may be a match with potential areas of funding in the upcoming State budget process. Our City Manager’s Office will continue to work with your team on determining which of these projects may best match with your priorities. In the meantime, I wanted to provide you this list in advance in case you had any specific projects, programs, or priorities that you would like to discuss with me further.
• Milpitas Community Center Resiliency Project, 457 East Calaveras Boulevard, Milpitas, California:
The well-used Milpitas Community Center (MCC) has not had major renovations in nearly 40 years. The City has applied for a State grant through the Strategic Growth Council for $3.5 million but needs approximately $8 million to complete all repairs to continue to serve the community year-round and during disasters. As part of the grant request, the City requested funding for the replacement of the roof and HVAC system to allow for continued long-term use of the center along with the installation of a unisex restroom and children’s education garden.
These improvements would strengthen the services and resources provided to the community.
Additionally, the roof and HVAC system replacement will ensure the MCC’s continued use as a warming/cooling center during periods of extreme weather. While the entire Milpitas community would benefit from these improvements, both Seniors and lower income residents would be the primary beneficiaries as they often need additional support for day-to-day resilience as well as support during climate advisories or other emergencies.
The MCC serves as the primary community center for three Low Income Community census tracts as shown on the California Climate Investments Priority Populations 2023 GIS website:
Priority Populations 2023 (ca.gov).
City of Milpitas Priority Projects for 2024 Page 2 of 4 January 12, 2024
The City has funded $285,000 for design work and is seeking an additional $3.5 million to $8 million for construction. The lower range of this request would meet the needs for the most urgent roofing, mechanical and communication systems including HVAC and internet needs and the larger range of this request would perform all major upgrades required for the center.
The City of Milpitas has applied for a California Strategic Growth Council Community Resilience Center grant for this project which, if received, would provide approximately $3 million in construction dollars towards this project. The City expects to hear the results of this grant in March 2024: https://sgc.ca.gov/programs/community-resilience-centers/. • Main Street Revitalization:
The Milpitas Gateway-Main Street Specific Plan will provide a vision and policy framework to shape the continued transformation of this auto-oriented commercial area into a vibrant, mixeduse and more pedestrian-oriented community. The vision calls for a revitalized Main Street that includes housing, retail, entertainment, commercial and park spaces, and a safe and attractive pedestrian and bicycle network. Further planning information can be found here:
milpitasmainstreet.org. The Main Street lighting project is a key shovel-ready priority project intended to spur economic development activities, including the retention and expansion of local small businesses. This estimated $7.8 million project consists of design and placement of new streetlights and signal improvements along Main Street from Carlo Way to Great Mall Parkway.
The project is divided into three phases. Design is completed for the first phase (Carlo to Corning) and construction is estimated at $2.4 million. The City received a federal community project funding allocation of $500,000 for this project in calendar year 2023, however an additional $1.9 million is required/requested to complete the project. • Cardoza Park Softball Fields Improvement; Kennedy Drive and North Park Victoria Drive, Milpitas, California:
The Police Athletic League Milpitas North Valley Softball League, formerly known as Milpitas North Valley Bobby Sox, has offered inclusive softball activities for Milpitas youth annually for over two decades focusing on giving young girls in our community the confidence and leadership skills to succeed in life, while also being active and healthy using the fundamentals of athletics. For most of the program’s life, it was held at the Russell Middle School Bobby Sox fields, owned the Milpitas Unified School District (MUSD). In 2021, MUSD renovated the school fields for multi-use play with a track, soccer field, and small softball field. To support the continuation of softball league activities, the City temporarily transitioned the PAL Softball Program to Dixon Landing Park Sports fields. Aside from the youth players and their families, thousands of interleague players and spectators stretching from San Lorenzo to the Central Valley, visit Milpitas for team play, scrimmages, and tournaments.
In December 2021, the City Council approved the City’s Parks Master Plan, which plans for four softball fields at Cardoza Park to ensure a permanent home for Milpitas softball activities.
Cardoza Park is located inside an AB 1550 Designated Low Income Community and, once renovated, would serve as the primary youth softball complex for three Low Income Community census tracts as shown on the California Climate Investments Priority Populations 2023 GIS website: Priority Populations 2023 (ca.gov).
City of Milpitas Priority Projects for 2024 Page 3 of 4 January 12, 2024
As part of the FY 2023-2027 Capital Improvement Program, the City Council has allocated $800,000 towards project planning and design. Remaining costs are estimated at $7 million.
The City requests support for $7 million for the construction costs for the project. • Fire Department Urban Search & Rescue Vehicle (State and Federal request):
In the year 2000, the Milpitas Fire Department acquired a heavy rescue apparatus (USAR-86).
The primary mission of a heavy rescue apparatus is to provide the Fire Department with a multifunction vehicle that can carry and rapidly deploy the thousands of pounds of heavy rescue equipment required to respond to the myriad of Special Operations and Technical Rescue Incidents expected of an urban “all hazards” fire department. The current equipment is at the end of its useful life.
The City has allocated nearly $400,000 for this equipment. The City requests support for the remaining $1.2 million in public funding necessary to purchase the new equipment. • Calaveras Boulevard Widening, Milpitas, California:
This project provides for the replacement of the Calaveras Boulevard vehicle bridges between Milpitas Boulevard and Abel Street. These bridge structures were constructed in the early 1970s and are reaching the end of their service life, and the structures do not have adequate bicycle and pedestrian facilities. The City of Milpitas and the Valley Transportation Authority are partnering on the design and construction of a replacement bridge structure. The replacement structure will accommodate up to three vehicle travel lanes including a wide bike land and sidewalk in each direction. State Route 237 (Calaveras Boulevard) is owned by the State of California, and the City is the local project sponsor. At this time, project design and environmental work is fully funded. An additional $15 million to $22 million will be needed in two years for land acquisition, followed by an estimated $150 million to $210 million for construction.
The City requests funding support for all or a portion of the land acquisition costs. • Milpitas Sports Center Football Bleacher Replacement; 1325 East Calaveras Boulevard, Milpitas, California (State request):
The project provides for the design and construction of the westerly football bleachers at the Milpitas Sports Center Complex. The bleachers were installed in the 1970s and are 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.
The Milpitas Sports Center is located inside an AB 1550 Designated Low Income Community and serves as the primary public sports center for three Low Income Community census tracts as shown on the California Climate Investments Priority Populations 2023 GIS website: Priority Populations 2023 (ca.gov).
The City has funded $200,000 for planning and design work and is seeking an additional $1,500,000 for construction.
City of Milpitas Priority Projects for 2024 Page 4 of 4 January 12, 2024
• Sandalwood Park Renovation, Sandalwood Court, Milpitas, California:
Sandalwood Park is a large, primarily turf park with a variety of mature trees, outdated play equipment, picnic areas, horseshoe pits and seating. Currently the park requires renovation due to a lack of ADA compliant furnishings and play equipment, aging amenities and infrastructure and eroding pathways. This project provides for the design and construction of improvements to Sandalwood Park. This 3.9 acre 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.
Sandalwood Park is located within a 10 minute walk from an AB 1550 Designated Low Income Community as shown on the California Climate Investments Priority Populations 2023 GIS website: Priority Populations 2023 (ca.gov).
The City has funded $475,000 for design work (which is completed) and is seeking an additional $2,500,000 for construction.
Sincerely,
Carmen Montano
Mayor, City of Milpitas
C: Milpitas City Council
Ned Thomas, City Manager
Matt Cano, Assistant City Manager
City of Milpitas, Legislative Summary
2023-2024
AB 33 (Bains D) Fentanyl Misuse and Overdose Prevention Task Force.
Current Text: Chaptered: 10/13/2023 html pdf
Introduced: 12/5/2022
Status: 10/13/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 887, Statutes of 2023.
Location: Assembly Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, subject to an appropriation, establish the Fentanyl Misuse and Overdose Prevention Task Force to undertake various duties relating to fentanyl misuse, including, among others, collecting and organizing data on the nature and extent of fentanyl misuse in California and evaluating approaches to increase public awareness of fentanyl misuse. The bill would require the task force to be cochaired by the Attorney General and the State Public Health Officer, or their designees, and would specify the membership of the task force.
AB 84 (Ward D) Property tax: welfare exemption: affordable housing.
Current Text: Chaptered: 10/11/2023 html pdf
Introduced: 12/16/2022
Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 734, Statutes of 2023.
Location: Assembly Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: (1) Existing property tax law, in accordance with the California Constitution, provides for a "welfare exemption" for property used exclusively for religious, hospital, scientific, or charitable purposes and that is owned or operated by certain types of nonprofit entities, if certain qualifying criteria are met. Existing law defines "property used exclusively for religious, hospital, or charitable purposes" to include facilities in the course of construction on or after the first Monday of March 1954, as specified. This bill would expand this partial exemption to property acquired, rehabilitated, developed, or operated, or any combination of these factors, with financing from qualified 501(c)(3) bonds, as defined.
AB 367 (Maienschein D) Controlled substances: enhancements.
Current Text: Amended: 3/22/2023 html pdf
Introduced: 2/1/2023
Status: 2/1/2024-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Location: Assembly Dead
Calendar:
Dead Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law imposes an additional and consecutive 3- or 5-year term in the state prison on a person who personally inflicts great bodily injury on a person in the commission of a felony, as specified. This bill, until January 1, 2029, would state that, for purposes of this enhancement, a person inflicts great bodily injury when they sell, furnish, administer, or give away fentanyl or an analog of fentanyl and the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance. The bill would specify that this provision does not apply to juvenile offenders.
AB 474 (Rodriguez D) State Threat Assessment Center: transnational criminal organizations.
Current Text: Vetoed: 10/9/2023 html pdf
Introduced: 2/7/2023
Status: 1/30/2024-Consideration of Governor's veto stricken from file.
Location: Assembly Vetoed
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Existing law, the California Emergency Services Act, creates, within the office of the Governor, the Office of Emergency Services, which is responsible for addressing natural, technological, or humancaused disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. This bill would find and declare that the State Threat Assessment Center (STAC) serves as California's information-sharing clearinghouse of strategic threat analysis and situational awareness reporting for statewide leadership and the public safety community, as specified, and that the STAC is California's state primary fusion center, as designated by the Governor, and is operated by the Department of the California Highway Patrol, the Office of Emergency Services, and the Department of Justice. The bill would make other findings and declarations related to drug trafficking and transnational criminal organizations. This bill contains other related provisions and other existing laws.
AB 742 (Jackson D) Law enforcement: police canines.
Current Text: Amended: 5/18/2023 html pdf
Introduced: 2/13/2023
Status: 2/1/2024-Died on inactive file.
Location: Assembly Dead
Calendar:
Dead Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would prohibit the use of an unleashed police canine by law enforcement to apprehend a person unless the person is being pursued for a felony that threatened or resulted in the death of or serious bodily injury to another person and the person poses an imminent danger of death or serious bodily injury to the officer or to another person and any use of a police canine for crowd control. The bill would prohibit a police canine from being used to bite unless there is an imminent threat of death or serious bodily injury to the officer or another person by the person against whom the canine is used. The bill would attribute the death of or serious bodily injury to a person caused by a police canine to the canine‘s handler as constituting deadly force. The bill would prohibit law enforcement agencies from authorizing any use or training of a police canine that is inconsistent with this bill.
AB 955 (Petrie-Norris D) Controlled substances.
Current Text: Amended: 3/15/2023 html pdf
Introduced: 2/14/2023
Status: 2/1/2024-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Location: Assembly Dead
Calendar:
Dead Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law makes possession of specified controlled substances, including fentanyl, punishable by imprisonment in a county jail not to exceed one year, except as specified. Current law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years. This bill would make the sale of fentanyl on a social media platform, as defined, in California punishable by imprisonment in a county jail for a period of 3, 6, or 9 years.
AB 1175 (Quirk-Silva D) Outdoor advertising displays: redevelopment agency project areas.
Current Text: Chaptered: 10/7/2023 html pdf
Introduced: 2/16/2023
Status: 10/7/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 361, Statutes of 2023.
Location: Assembly Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Outdoor Advertising Act provides for the regulation by the Department of Transportation of an advertising display, as defined, within view of public highways. The act regulates the placement of an offpremises advertising display along highways that generally advertises business conducted or services rendered or goods produced or sold at a location other than the property where the display is located. The act
does not apply to an on-premises advertising display, which generally advertises business conducted or services rendered or goods produced or sold at the location where the display is located. However, until January 1, 2023, the act treats an off-premises advertising display developed as part of and within the boundary limits of a redevelopment agency project, as those boundaries existed on December 29, 2011, as an on-premises advertising display if it meets certain criteria, subject to an extension beyond January 1, 2023, not to exceed the expiration of the redevelopment project area, upon a showing of good cause, as specified, to the department by the applicable city, county, or city and county. Current law requires the advertising copy of these advertising displays within redevelopment agency boundary limits to advertise only the businesses or activities operating within those boundary limits, imposes other related display requirements, and requires a city, county, or city and county to annually certify to the department that these advertising copy requirements are met. Current law requires that a redevelopment area advertising display be removed by January 1, 2023, or by the end of any applicable extension, unless it qualifies as a lawful display under the act, without the payment of any compensation to the owner or operator. This bill would, instead, treat an off-premises advertising display within the boundary limits of a redevelopment agency project, as detailed above, that meets the applicable criteria as an on-premises advertising display until January 1, 2026, would eliminate the authorization for an extension for good cause, would eliminate the requirements regarding advertising copy, and would eliminate the explicit requirement that the display be removed without compensation to the owner or operator.
AB 1504 (McCarty D) Planning and zoning: electric vehicle charging infrastructure: public right-of-way.
Current Text: Amended: 4/11/2023 html pdf
Introduced: 2/17/2023
Status: 2/1/2024-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Location: Assembly Dead
Calendar:
Dead Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires every city, county, and city and county to administratively approve an application to install electric vehicle charging stations and hydrogen-fueling stations through the issuance of a building permit or similar nondiscretionary permit and requires the review of an application to install an electric vehicle charging station or a hydrogen-fueling station to be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law. Current law prohibits a city, county, or city and county from denying an application for a use permit to install an electric vehicle charging station or a hydrogen-fueling station unless it makes written findings that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Current law requires that any conditions imposed on an application to install an electric vehicle charging station or a hydrogen-fueling station be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. Current law defines “electric vehicle charging station” or “charging station” for these purposes. Existing law repeals these provisions as they pertain to hydrogen-fueling stations on January 1, 2030. This bill would provide that the provisions described above do not apply to applications to install an electric vehicle charging station or hydrogen-fueling station in a public right-of-way.
AB 1527 (Zbur D) Taxation.
Current Text: Introduced: 2/17/2023 html pdf
Introduced: 2/17/2023
Status: 2/1/2024-Died at Desk.
Location: Assembly Dead
Calendar:
Dead Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law provides for the imposition, calculation, and administration of various taxes, including, among others, the sales and use tax, the personal income tax, and the corporation income tax.
This bill would state the intent of the Legislature to enact legislation relating to taxation.
AB 1532 (Haney D) Office conversion projects.
Current Text: Introduced: 2/17/2023 html pdf
Introduced: 2/17/2023
Status: 2/1/2024-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Location: Assembly Dead
Calendar:
Dead Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes, among other mandatory elements, a housing element. Under that law, supportive housing, as defined, is a
use by right in zones where multifamily and mixed uses are permitted if the developer provides the planning agency with a plan for providing supportive services and the proposed housing development meets specified criteria. This bill would make an office conversion project, as defined, that meets certain requirements a use by right in all areas regardless of zoning. The bill would define “office conversion project” to mean the conversion of a building used for office purposes or a vacant office building into residential dwelling units. The bill would define “use by right” to mean that the city or county’s review of the office conversion may not require a conditional use permit, planned unit development permit, or other discretionary city or county review or approval that would constitute a “project” for purposes of the California Environmental Quality Act, as specified.
SB 43 (Eggman D) Behavioral health.
Current Text: Chaptered: 10/10/2023 html pdf
Introduced: 12/5/2022
Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 637, Statutes of 2023.
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Lanterman-Petris-Short Act provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Current law, for purposes of involuntary commitment, defines “gravely disabled” as either a condition in which a person, as a result of a mental health disorder, is unable to provide for their basic personal needs for food, clothing, or shelter or has been found mentally incompetent, as specified. This bill expands the definition of “gravely disabled” to also include a condition in which a person, as a result of a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is, in addition to the basic personal needs described above, unable to provide for their personal safety or necessary medical care, as defined.
SB 363 (Eggman D) Facilities for inpatient and residential mental health and substance use disorder:
database.
Current Text: Amended: 5/18/2023 html pdf
Introduced: 2/8/2023
Status: 9/1/2023-September 1 hearing: Held in committee and under submission.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require, by January 1, 2026, the State Department of Health Care Services, in consultation with the State Department of Public Health and the State Department of Social Services, and by conferring with specified stakeholders, to develop a real-time, internet-based database to collect, aggregate, and display information about beds in specified types of facilities, such as chemical dependency recovery hospitals, acute psychiatric hospitals, and mental health rehabilitation centers, among others, to identify the availability of inpatient and residential mental health or substance use disorder treatment. The bill would require the database to include a minimum of specific information, including the contact information for a facility’s designated employee, the types of diagnoses or treatments for which the bed is appropriate, and the target populations served at the facility, and have the capacity to, among other things, enable searches to identify beds that are appropriate for individuals in need of inpatient or residential mental health or substance use disorder treatment.
SB 423 (Wiener D) Land use: streamlined housing approvals: multifamily housing developments.
Current Text: Chaptered: 10/11/2023 html pdf
Introduced: 2/13/2023
Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 778, Statutes of 2023.
Location: Senate Chaptered
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would authorize the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development in compliance with the specified-described requirements on property owned by or leased to the state. The bill would extend the operation of the streamlined, ministerial approval process to January 1, 2036. The bill would provide that the streamlined, ministerial approval process does not apply to applications for developments proposed on qualified sites, defined as a site that is located within an equine or equestrian district and meets certain other requirements, that are submitted on or after January 1, 2024, but before July 1, 2025. This bill would modify the specified-described objective planning standards, including by revising
the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the development is located in a coastal zone to apply only if the development located in the coastal zone meets any one of specified conditions. The bill would require that a development located in a coastal zone that satisfies the specified conditions obtain a coastal development permit. The bill would require a local government to approve a coastal development permit if it determines that the development is consistent with all objective standards of the local government’s certified local coastal program, as specified. The bill would provide that the changes made by this act would apply in a coastal zone on or after January 1, 2025 This bill would modify the objective planning standard that prohibits a development subject to the streamlined, ministerial approval process from being located in a high fire severity zone by deleting the prohibition for a development to be located within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection, and would instead prohibit a development from being located with the state responsibility area, as defined, unless the site has adopted specified standards. The bill would also remove an exception for sites excluded from specified hazard zones by a local agency, as specified.
SB 719 (Becker D) Law enforcement agencies: radio communications.
Current Text: Amended: 1/23/2024 html pdf
Introduced: 2/16/2023
Status: 1/30/2024-Read third time. Refused passage. (Ayes 17. Noes 12.) Location: Senate Third Reading
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes the Attorney General to adopt policies, procedures, and practices related to the use of the California Law Enforcement Telecommunications System (CLETS). These rules require a participating agency to restrict access to CLETS and define “access” as the ability to see or hear any information obtained from CLETS. This bill would require a law enforcement agency, including the Department of the California Highway Patrol, municipal police departments, county sheriff’s departments, and specified local law enforcement agencies, to, by no later than January 1, 2025, ensure public access, in real time, to the radio communications of that agency, as specified. The bill would exempt university and college police departments from the public access requirement. By imposing new duties on local law enforcement, this bill would create a state-mandated local program.
Total Measures: 14
Total Tracking Forms: 120
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve an Amendment to the Agreement with Cornerstone Structural Engineering Group for Additional Design and Construction Services for S.
Milpitas Boulevard Bridge at Penitencia Creek (Staff Contact: Michael Silveira, Public Works - Engineering Division Manager, 408-586-3303) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 2/20/2024
Recommendation: Approve and authorize the City Manager to execute Amendment No. 1 to the Design Services Agreement with Cornerstone Structural Engineering Group in an amount notto-exceed $500,000.00 for additional design and construction services for S. Milpitas Boulevard Bridge at Penitencia Creek - Project No. 2016.
BACKGROUND:
The South Milpitas Boulevard Bridge at Penitencia Creek, Project No. 2016 (“Project”) is included in the adopted 2024-2028 Capital Improvement Program (CIP). The project provides for the design and construction of a vehicular bridge over Penitencia Creek and the extension of South Milpitas Boulevard to connect to the new road between Sango Court and Tarob Court The road network including the vehicular bridge is part of the Metro Area Specific Plan circulation infrastructure plan to provide vehicular, bicycle and pedestrian connectivity between parks, schools, Milpitas BART Station, The Great Mall, and residential neighborhoods.
The conditions of approval for 450 Montague development required LMC Milpitas Holding I, LLC (Developer) to complete the feasibility, design and construction drawings for the vehicle bridge over East Penitencia Creek at the end of S. Milpitas Blvd. The Developer assembled a design team based on their technical expertise in various disciplines that included Cornerstone Structural Engineering Group (Structural), Carlson, Barbee & Gibson, Inc. (Civil), ENGEO (Geotechnical) and Schaaf & Wheeler (Hydrology/Hydraulics). Due to several unforeseen factors such as requirements for federal earmarks, environmental clearance, and progression of surrounding development, it was in the best interest of the City to assume all the project management duties including consultant agreements to complete the bridge design. On October 2, 2023, the City executed a Design Services Agreement with Cornerstone Structural Engineering Group (CSEG) as the primary consultant in the amount of $652,848 to complete construction drawings, assistance in the permitting and environmental clearance, and construction support for the Project. The project is currently in design phase and is expected to be completed by the end of 2024.
ANALYSIS:
In March 2022, the Project was selected to receive a three-million-dollar federal earmark through the Community Project Funding/Congressionally Directed Spending bill for the construction of the bridge over Penitencia Creek and extension of the S. Milpitas Boulevard to Tarob Court to supplement the construction budget shortfall. After discussions with Caltrans who administers the approval process on behalf of the Federal Government, the Project is required to complete Caltrans’ E-76 process and obtain National Environmental Protection Act (NEPA) and Right of Way clearance of all the improvements stated in the description of the earmark prior to obtaining project authorization to bid. As the design for road extension was not included in agreement with CSEG, staff is currently negotiating a scope of work and fee to perform additional design and construction services which includes supplemental survey and geotechnical exploration, the design of
extension of the South Milpitas Boulevard to the new road between Sango and Tarob on the City owned parcel located at 1981 Tarob Court, coordination with the Toll Brothers, the developer of 1905 Tarob Court (GeoMax 2), and construction support.
Staff is recommending City Council approve and authorize the City Manager to negotiate and execute Amendment No. 1 to the Design Agreement with Cornerstone Structural Engineering Group for additional design and construction support services in the amount not to exceed of $500,000 which will increase the agreement potentially from $652,848 to $1,252,848. Staff recommendation is to prepare a contract documents package ready for review within nine months in order to provide Caltrans sufficient time to complete their review which can take up to six months. The Project must receive authorization for bid by Caltrans prior to the obligation deadline of September 30, 2025 according to requirements of the earmark.
POLICY ALTERNATIVES:
Alternative: Not approving and authorizing the City Manager to negotiate and execute Amendment No. 1 to the Design Agreement with Cornerstone Structural Engineering Group for additional design and construction support services.
Pros: None.
Cons: The design of extension of South Milpitas Blvd. will not move forward and submittal of the construction documents package to Caltrans will extend the construction schedule risking losing the $3 million earmark because Caltrans could not provide a timely project authorization to bid prior to the obligation deadline of September 30, 2025.
Reason for Not Recommending: The Project will continue to have a construction budget shortfall of $3 million and will be required to either eliminate scope of work such as the architectural enhancement or be postponed until funding is fully secured by other sources such as General Fund, TASP Impact Fees, or another grant.
FISCAL IMPACT:
Adequate funds are available in the Project budget and no additional funding appropriation is required. Funding source for CIP 2016 South Milpitas Blvd. Vehicle Bridge at Penitencia comes from TASP Impact Fees. As of February 12, 2024, the balance in CIP 2016 is $4,370,124.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The environmental consultant is currently working with Caltrans to perform additional study pursuant to NEPA and finalizing the appropriate CEQA analysis for the project.
RECOMMENDATION:
Approve and authorize the City Manager to execute Amendment No. 1 to the Design Services Agreement with Cornerstone Structural Engineering Group in an amount not-to-exceed $500,000.00 for additional design and construction services for S. Milpitas Boulevard Bridge at Penitencia Creek, Project No. 2016.
ATTACHMENTS:
Original Agreement
38077.00180\29175422.11
1 CITY OF MILPITAS
DESIGN SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into as ____________ by and between the City of Milpitas, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and Cornerstone Structural Engineering Group, Inc., a California Corporation with its principal place of business at 986 W. Alluvial Ave., Suite 201, Fresno CA 93711 (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Designer. Designer desires to perform and assume responsibility for the provision of certain professional design services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California.
2.3 Project. City desires to engage Designer to render such services for the S. Milpitas Boulevard Bridge Vehicle Bridge at Penitencia, CIP No. 2016 ("Project") as set forth in this Agreement.
3. TERMS
3.1 Employment of Designer.
3.1.1 Scope of Services. Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services described herein and necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.
3.1.2 Term.
The term of this Agreement shall be from September 25, 2023 to December 31, 2026, unless earlier terminated as provided herein. The City reserves the right to review the Designer’s performance at the end of each year and cancel all or part of the Agreement.
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2 3.2 Project Designer; Key Personnel.
3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates Shawn M. Cullers, (License No. S 5561) to act as the Project Designer for the Project. The Project Designer shall:
(1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services in accordance with the Standard of Care specified in Section 3.4 of this Agreement; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause.
3.2.2 Key Personnel. In addition to the Project Designer, Designer has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Designer may substitute others of at least equal competence upon written approval of the City. In the event that City and Designer cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Designer at the request of the City. The key additional personnel, engineers and consultants for performance of this Agreement are as follows:
Firm Areas of Expertise and Scope of Work
Cornerstone Structural Engineering Group Prime Consultant, Bridge Design CBG, Inc. Survey and Mapping, Roadway Design, Utility
Coordination, Traffic Engineering
ENGEO, Inc. Geotechnical Engineering
Schaaf & Wheeler Hydrology/Hydraulics & Scour Engineering
3.3 Hiring of Consultants and Personnel.
3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.
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3 3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.
3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to approval by City.
3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense.
3.4 Standard of Care.
3.4.1 Standard of Care. Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services.
Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them 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, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to comply with the standard of care provided for herein.
3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project.
3.5 Laws and Regulations.
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4 3.5.1 Knowledge and Compliance. Designer shall keep itself reasonably informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law. Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom. Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.5.2 Drawings and Specifications. Designer shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Designer. Designer shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Designer shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Designer and City.
3.5.3 Americans with Disabilities Act. Designer will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Designer, and the Designer shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Designer shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.
3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.
3.5.5 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and Regulations.
Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in
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5 compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Designer shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
(b) Standard of Care. Designer warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5(a) of this Agreement. Designer further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
(c) Liability for Non-compliance.
(i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting to the extent from the established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer’s failure to comply with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(iii) Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy.
3.6 Independent Contractor.
3.6.1 Control and Payment of Subordinates. City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Designer shall be responsible for all reports and obligations
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6 respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.7 Schedule of Services.
3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.
3.7.2 Timely Performance Standard. Designer shall perform all Services hereunder as expeditiously as is consistent with ordinary professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein. Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.
3.7.3 Performance Schedule. Designer shall prepare an estimated time schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds.
Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Designer cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Designer without the prior written approval of City. If the Designer’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Designer will be responsible pursuant to the indemnification provision of this Agreement.
3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following shall be added to the time for completion of any obligations of Designer: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Designer; and (5) any act of God or other unforeseen occurrence not due to any fault or negligence on the part of Designer. Neither the City nor the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such delays.
3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant a reasonable extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Designer for extensions of time shall be an extension of the performance time at
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7 no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Designer make an application for an extension of time, Designer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.
3.8 Additional Designer Services.
3.8.1 Request for Services. At City’s request, Designer may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice.
3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Designer to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Designer shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Designer as to the compensation to be paid for such services. City shall pay Designer for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Designer pursuant to the indemnification provision of this Agreement.
3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Designer was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:
(a) Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c) Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Designer to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Designer. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Designer is not a party. (f) Damage Repair. Supervision of repair of damages to any structure.
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8 (g) Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Designer's services for the Project.
3.9 City Responsibilities. City’s responsibilities shall include the following:
3.9.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Designer with a preliminary construction budget (“City’s Preliminary Construction Budget”).
3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Designer, City shall furnish Designer with, or direct Designer to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.
3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.
3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.
3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.
3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.
3.9.7 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. The City Manager hereby designates Matt Cano, City Engineer, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Designer shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.9.8 Review and Approved Documents. Review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.
3.10 Compensation.
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9 3.10.1 Designer’s Compensation for Basic Services. City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Six Hundred Fifty-Two Thousand Eight Hundred Forty-Eight Dollars ($652,848) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.
3.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Designer perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional work in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.
3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Designer shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000.00; and (5) other costs, fees and expenses in excess of $1,000.00.
3.10.4 Payment to Designer. Designer’s compensation and reimbursable expenses shall be paid by City to Designer no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Designer shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Designer shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.
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10 Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Designer shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.
Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth in the termination provision herein.
3.10.5 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement or state law. Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control.
3.10.6 Prevailing Wages. Designer is aware of the requirements of California Labor Code Sections 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 the performance of other requirements on certain “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, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Designer 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 shall post copies at the Designer’s principal place of business and at the Project site.
Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor
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11 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.
3.10.7 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Designer and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Designer shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.10.8 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Designer or any subcontractor.
3.11 Notice to Proceed.
Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.
3.12 Termination, Suspension and Abandonment.
3.12.1 Grounds for Termination; Designer’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Designer. Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement.
3.12.2 City’s Suspension of Work. If Designer’s Services are suspended by City, City may require Designer to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Designer.
3.12.3 Documents and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all preliminary studies, sketches, working drawings,
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12 specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement, provided that City shall hold harmless Designer for any such use without the ongoing involvement of Designer on the Project. Designer shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.
3.12.4 Employment of other Designers. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.13 Ownership and Use of Documents; Confidentiality.
3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Designer or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Designer shall provide to City copies of all Project Documents required by City. In addition, Designer shall retain copies of all Project Documents on file for a minimum of five (5) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs.
Before destroying the Project Documents following this retention period, Designer shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.13.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Designer in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Designer or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Designer.
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13 Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Designer shall be at City’s own risk. If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Designer’s seal from the Project Documents and hold harmless Designer and its officers, directors, agents and employees from claims arising out of the use or re-use of the Project Documents on such other project.
3.13.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Designer shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.
3.13.4 Right to License. Designer represents and warrants that Designer has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Designer prepares or causes to be prepared pursuant to this Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Designer makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Designer and provided to Designer by City.
3.13.5 Confidentiality. All Project Documents, either created by or provided to Designer in connection with the performance of this Agreement, shall be held confidential by Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Designer for any purposes other than the performance of the Services. Designer shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Designer which is otherwise known to Designer or is generally known, or has become known, to the related industry shall be deemed confidential. Designer shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.
3.14 Indemnification.
3.14.1 To the fullest extent permitted by law, Designer shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner to the extent arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses.
Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers, employees, agents, or volunteers.
3.14.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises out of Designer’s performance of “design professional” services (as that term is defined under
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14 Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Designer’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, and, upon Designer obtaining a final adjudication by a court of competent jurisdiction, Designer’s liability for such claim, including the cost to defend, shall not exceed the Designer’s proportionate percentage of fault.
3.14.3 To the fullest extent permitted by law, the City shall defend (with counsel of Designer’s choosing), indemnify and hold the Designer, and its owners, officers, directors, shareholders, employees, volunteers, agents, consultants and subconsultants free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, in any manner to the extent arising out of, pertaining to, or incident to third party claims by residents, property owners and homeowners’ associations at adjacent and nearby properties, for loss of privacy, loss of views, loss of light, loss of air, or in connection with the design or construction of the Project or any aspects of the Project, including but not limited to the pedestrian bridge and/or elevator tower. The City further covenants that if any such third party claims, demands, or lawsuits are asserted against City, City will not assert, and hereby waives, any claim, demand, indemnity claim, or lawsuit against Consultant.
3.15 Insurance. Designer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit “D” (Insurance Requirements), attached hereto and incorporated herein by this reference. In addition, Designer shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required therein.
3.16 Records.
Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Designer shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.
3.17 Standardized Manufactured Items.
Designer shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.
3.18 Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City.
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15 3.19 Mediation.
Disputes arising from this Agreement may be submitted to non-binding mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties.
3.20 Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Designer shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
3.21 Asbestos Certification.
Designer shall certify to City, upon request, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Designer prepares for the Project. Designer shall require all consultants who prepare any other documents for the Project to submit the same written certification. Designer shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Designer shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.
3.22 No Third Party Rights.
This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.
3.23 Governing Law.
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in Santa Clara County.
3.24 Exhibits and Recitals.
All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.
3.25 Severability.
Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
3.26 Non-Waiver.
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16 None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.27 Safety.
Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer 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 its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.
3.28 Harassment Policy.
Designer shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Designer shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Designer's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request.
3.29 Delivery of Notices.
All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
CITY:
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Michael Silveira, CIP Manager
DESIGNER:
Cornerstone Structural Engineering Group
986 W Alluvial Avenue, Suite 201
Fresno, California 93711
Attn: Shawn M. Cullers
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.30 Time of Essence.
Time is of the essence for each and every provision of this Agreement.
3.31 City’s Right to Employ Other Consultants.
City reserves right to employ other consultants, including designers, in connection with this Project or other projects.
3.32 Prohibited Interests.
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17 3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Designer, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
3.32.2 Conflict of Interest. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.33 Equal Opportunity Employment.
Designer 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 any other classification protected by federal or state law.
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. Designer shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.34 Labor Certification.
By its signature hereunder, Designer certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for 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 Services.
3.35 Wage Theft Certification.
3.35.1 Designer, and any subconsultant it employs to complete work under this Agreement, 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.
3.35.2 BY SIGNING THIS AGREEMENT, DESIGNER 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 EXECUTING THIS AGREEMENT THAT DESIGNER OR ITS SUBCONSULTANTS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS.
DESIGNER FURTHER AFFIRMS THAT IT OR ITS SUBCONSULTANT(S) HAS EITHER
FULLY SATISFIED EACH JUDGMENT, DECISION OR ORDER, OR, IF ANY
JUDGMENT, DECISION OR ORDER HAS NOT BEEN FULLY SATISFIED, DESIGNER
AFFIRMS THAT IT OR ITS SUBCONSULTANT(S) IS CURRENTLY SATISFYING SAID
JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT OR ALTERNATIVE
PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY AND
38077.00180\29175422.11
18 THAT DESIGNER OR ITS SUBCONSULTANT(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
3.35.3 If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Designer or a subconsultant it employs to perform work under this Agreement has violated any applicable wage and hour law, or Designer learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Designer 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.
Designer or its subconsultant(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of 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 Designer or its subconsultant is subject to a payment or other alternative plan, the Designer or its subconsultant shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
3.35.4 For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government 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.
3.35.5 Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
3.35.6 Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
3.36 Subcontracting.
As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.
3.37 Supplemental Conditions.
Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.
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19 3.38 Entire Agreement.
This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto. [SIGNATURES ON FOLLOWING PAGE]
38077.00180\29175422.11
20 SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT
BETWEEN THE CITY OF MILPITAS
AND CORNERSTONE STRUCTURAL ENGINEERING GROUP, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF MILPITAS
Approved By:
Ned Thomas, Acting City Manager
Date
Approved As To Form:
Michael Mutalipassi, City Attorney
Approved:
Lauren Lai, CPA, MPA
Finance Director/Risk Manager
Approved As To Content:
Matt Cano
Deputy City Manager/Interim City Engineer
CORNERSTONE STRUCTURAL
ENGINEERING GROUP, INC.
Signature
Shawn M. Cullers
Name
President
Title
Date
38077.00180\29175422.11
1 EXHIBIT “A”
DESIGNER’S SCOPE OF SERVICES
See Attachment to this Exhibit A
EXHIBIT A
CITY OF MILPITAS – ENGINEERING DEPARTMENT
S. Milpitas Boulevard Bridge at Penitencia East Channel
SCOPE OF WORK (BASIC SERVICES)
May 18, 2023
Revised August 22, 2023
INTRODUCTION
The following scope of work consists of coordination with the CITY and the CITY’s Art Consultant; updating the preliminary design drawings; and preparation of Construction Contract Documents for the construction of the proposed S. Milpitas Boulevard Bridge at Penitencia East Channel consisting of a single span cast-in-place reinforced concrete slab approximately 41 feet in length by 48 feet in width supported on seat type abutments founded on castin-drilled-hole concrete piles.
It is anticipated that the work outlined herein will extend over a period of approximately twenty-six months per the attached Draft Proposal Schedule. Within this Scope of Work, the City of Milpitas is referred to as the “CITY” and Cornerstone’s team is collectively referred to as the “CONSULTANT.” This is in reference to the entire consultant team consisting of:
Firm Areas of Expertise and Scope of Work
Cornerstone Structural Engineering Group Prime Consultant, Bridge Design CBG, Inc. Survey and Mapping, Roadway Design, Utility
Coordination, Traffic Engineering
ENGEO, Inc. Geotechnical Engineering
Schaaf & Wheeler Hydrology/Hydraulics & Scour Engineering PHASE 0 PROJECT MANAGEMENT
This Task commences with receiving the Notice-to-Proceed and concludes at the completion of the project. Key aspects of the Project Management program include attending the project kick-off meeting and Project Delivery Team (PDT) meetings; coordination with the CITY’s Project Manager and regulatory agencies; developing and maintaining a project delivery schedule; providing Quality Assurance/Quality Control; and general coordination and communications.
CONSULTANT’s Principal and Project Manager will direct and monitor project work activities in accordance with the contracted scope, schedule, and budget. CONSULTANT will monitor and keep CITY informed regarding the impact of design issues on the project budget and scope. Upon the request of the CITY, CONSULTANT shall incorporate into the design such reasonable changes as CITY deems appropriate as a result of the CITY’s review processes and impact on the budget or engineer’s estimate. If CONSULTANT disagrees with CITY’s request, such disagreement will be registered in writing and CITY will attempt to reconcile such disagreement. If it is impossible to make reconciliation,
the written disagreement will become a part of the Project record and CONSULTANT shall then comply with CITY’s request.
Deliverables:
• PDT Meeting Minutes
• Constructability Review Meeting Minutes
• Stakeholder Meeting Minutes
Task 0.1 Project Meetings
Upon request of CITY, CONSULTANT will attend up to ten (10) virtual meetings with CITY staff, Valley Water, and CITY’s Art Consultant. CONSULTANT will prepare for and attend meetings as follows:
0.1.1 PDT Meetings
CONSULTANT will prepare for and attend virtual PDT meetings as requested by the CITY or as required for successful completion of the project. The goal of the PDT meetings is to discuss project status, schedule, and budget; to discuss critical project information and status across team disciplines and make decisions that could potentially affect the project design, scope, schedule, and budget. CONSULTANT will prepare meeting minutes documenting the discussions, conclusions and meeting action items and the responsible party.
0.1.2 Constructability Review Meeting
CONSULTANT will meet with the CITY’s staff and project stakeholders for the 90% Constructability Review Meeting. It is assumed that the Constructability Review Meeting will coincide with scheduled PDT Meetings.
CONSULTANT will prepare brief meeting minutes documenting the discussions, conclusions and meeting action items and the responsible party.
Deliverables:
• Meeting Agendas
• Attendee Sign In Sheets
• Meeting Minutes (Draft and Final)
Task 0.2 Project Coordination
This task includes coordination with affected regulatory agencies, project stakeholders, and utility owners.
0.2.1 Regulatory Agency and Stakeholder Coordination
In coordination with the CITY and at the CITY’s direction, CONSULTANT will prepare exhibits to facilitate coordination between the CITY and other involved agencies concerning facilities to determine design requirements for the construction of the VOC. The following agencies and stakeholders are anticipated to be involved in the project:
• Army Corps of Engineers (ACOE)
• California Department of Fish and Wildlife (CDFW)
• Regional Water Quality Control Board
• Valley Water
• Property Owners including Toll Brothers (parcels within the project footprint)
It is assumed that all communication with the regulatory agencies and project stakeholders will be conducted by the CITY. If additional stakeholders are identified during the design process, coordination with those stakeholders can be accommodated with a budget modification.
Deliverables:
• Project descriptions and construction exhibits as required
0.2.2 Coordination with CITY’s Other Consultants
In coordination with the CITY and at the CITY’s direction, CONSULTANT will prepare exhibits and facilitate coordination between the CITY and other consultants that the CITY will be contracting separately with to determine design requirements for the construction of the VOC. The following consultants are anticipated to be involved in the project:
• Artik Art & Architecture (VOC Aesthetic Enhancement)
• David J. Powers (Environmental Permitting)
If additional consultants are identified during the design process, coordination with those consultants can be accommodated with a budget modification.
Task 0.3 Monthly Status Reports
0.3.1 Monthly Progress Reports
CONSULTANT will prepare monthly status reports addressing the progress of the project, project design schedule, decisions that must be made to keep the project on schedule, and a list of work that has been accomplished in the previous month and work forecasted for the upcoming month.
0.3.2 Project Delivery Schedule
CONSULTANT will provide a project delivery schedule for the tasks identified within this scope of services. The schedule will identify the major tasks to be completed, durations, and project milestones. CONSULTANT will provide a baseline project delivery schedule and will provide monthly updates to the CITY by the 20th day of each month.
Deliverables:
• Master (Baseline) Project Schedule
• Monthly Updated Project Schedule
• Monthly Project Status Reports
Task 0.4 Quality Control/Quality Assurance (QC/QA)
CONSULTANT will utilize a QC/QA plan/process for this project whereby deliverables are reviewed for uniformity, compatibility and constructability. QC/QA Manager will be assigned to the project whose responsibility will be to ensure the proper quality control procedures are in place and followed. The QC/QA plan will include procedures for reviewing deliverables including, but not limited to, conceptual plans, technical memorandums and reports, and cost estimates. Supporting documentation demonstrating that the QC/QA plan/process is being followed will be submitted to the CITY. This documentation may include copies of review comment forms, red-marked plans, QC/QA meeting minutes, etc.
PHASE 1 INITIATION PHASE
Task 1. 1 Update Preliminary Design Drawings
This phase includes initiation and coordination with the CITY and CITY’s art consultant to establish and approve the final scope of revisions to the VOC, including the VOC aesthetic enhancements discussed below. The revisions agreed to in this phase will be documented in the Basis of Design (BOD) Memorandum that will become the basis for the revisions to the previously submitted VOC plans and the basis for the final construction documents.
1.1.1 Coordinate with CITY’s Art Consultant
CONSULTANT will coordinate the changes with the CITY’s art consultant. CONSULTANT will assist the CITY’s art consultant with the development of structural attachment details necessary for the aesthetic enhancements.
Aesthetic enhancements are anticipated to consist of the following:
• A horizontal electrical wire chase/lighting containment will be mounted to the top of the vehicular barrier stem at each edge of deck.
• Lighting elements and electrical wiring will be installed within the wire chase/lighting containment and directed upward to illuminate the enhancement.
• Vertical painted steel tines that vary in height from a minimum of 16 inches above top of vehicular barrier stem to a maximum of 8 feet above top of vehicular barrier stem. The tines will be spaced at approximately 4 inches on center.
1.1.2 Supplemental Topographic Survey
CONSULTANT will conduct supplemental topographic survey of existing ground improvements and utilities to facilitate the final engineering design. Field survey will include S. Milpitas Boulevard cul-de-sac and City of Milpitas property for conforms and modifications. Obtain creek cross sections along Penitencia East Channel for bridge and access roads.
1.1.3 Update Preliminary Design Drawings
CONSULTANT will prepare an updated preliminary design package for the VOC based on the agreed revisions discussed in Task 1.1.1 and the new project limits established by CITY. In general, the project limits are as follows:
• North Side: Up to the cul-de-sac and Valley Water maintenance road. • South Side: Up to the water/recycled water tie-in locations to the future road extension and Valley Water maintenance road embankments.
• East/West Sides: Nearest attainable touchdown locations of the Valley Water maintenance road embankments.
The drawings will depict required revisions to the previous VOC structural drawings and civil improvement drawings necessary to incorporate the CITY’s proposed revisions. The following design drawings are anticipated to be updated as part of this phase:
1. Title, General Notes & Index
2. Overall Utility Map (water, recycled water, fiber, street light, etc.)
3. Plan and Profile – South Milpitas Boulevard
4. General Plan
5. Typical Section
Task 1. 2 Basis of Design Memorandum
CONSULTANT will prepare a Basis of Design (BOD) Memorandum that supports the preliminary design drawing package and documents required revisions to the VOC prior to implementation in the construction documents. The Basis of Design Memorandum will include:
1. Updated Project Design Criteria
2. Revised Preliminary Design Drawings including limits of work, modifications to the existing cul-de-sac, Valley Water access, and EVA access.
3. Preliminary Construction Cost Estimate. The Basis of Design Memorandum will include a preliminary estimate of probable construction cost and will include details on the methodology used and assumptions utilized to generate the preliminary estimate.
Deliverables:
• Draft and Final Basis of Design Memorandum in PDF format • Updated Preliminary Design Drawings in PDF format
PHASE 2 FINAL WORKING DRAWINGS AND SPECIFICATIONS
Task 2. 1 Final Working Drawings and Specifications
Upon receipt of specific written approval of the Basis of Design Memorandum described in Task 1.3, CONSULTANT will prepare and submit Final Working Drawings and Specifications to the CITY. This phase of work takes the previously submitted drawings and specifications and develops them to incorporate the CITY’s desired aesthetic enhancements and updated roadway limits of work. CONSULTANT will compile drawings prepared by the CITY’s art consultant into a combined set of drawings.
This scope of work is based on the approximate sheet count listed below:
Sheet Title Estimated No. of Sheets
Title, General Notes & Index 1 Sheet
Civil Plans
City and Valley Water Notes 1 Sheet
City and Valley Water Details 1 Sheet
Project Details and Specifications 1 Sheet
Overall Utility Map 1 Sheet
Utility Crossing Details 1 Sheet
Plan and Profile – South Milpitas Boulevard 1 Sheet
Fine Grading Plan – South Milpitas Blvd/Vineyard Avenue 1 Sheet Fine Grading Plan – Valley Water Access Ramps 1 Sheet
Erosion Control Plan and Details 1 Sheet
Structural Plans
General Plan 1 Sheet
Deck Contours 1 Sheet
Foundation Plan 1 Sheet
Abutment Layout 1 Sheet
Abutment Details 1 Sheet
Typical Section 1 Sheet
Aesthetic Enhancement Attachment Details 1 Sheet
Structure Approach Slab 1 Sheet
Utility Details 1 Sheet
Log of Test Borings 1 Sheet
Estimated Sheet Count 20 Sheets
2.1.1 Structure Design Revisions
CONSULTANT will prepare updated structural calculations and VOC structure plans for the revisions agreed upon during Phase 1. CONSULTANT will coordinate the required revisions and details for the VOC with the CITY’s art consultant. CONSULTANT will also address peer review comments received from CITY on February 12, 2021.
Design will be performed in general conformance with the following:
• AASHTO LRFD Bridge Design Specifications, 8th Edition with Interims and Caltrans Addenda • Caltrans Seismic Design Criteria, Version 2.0
2.1.2 Civil Improvement Design Revisions
CONSULTANT will prepare updated civil improvement plans for the VOC including revisions agreed upon during Phase 1. CONSULTANT will coordinate the required details with the CITY and the CITY’s art consultant. Civil improvement technical specifications will be placed on the drawings.
2.1.3 Temporary Traffic Control Improvements
CONSULTANT will coordinate and assist CITY Traffic Engineer with preparation of traffic control plan. Prepare a Temporary Traffic Control Improvement Plan identifying the temporary existing street improvements and utility improvements required for the Traffic Control Plan.
2.1.4 Geotechnical Exploration Report Revisions
CONSULTANT will update the Geotechnical Exploration (GEX) Report in support of the updated VOC structural calculations and structure plans for the revisions agreed upon during Phase 1.
2.1.5 Technical Special Provisions
CONSULTANT will prepare the contract Technical Special Provisions for the project based on Caltrans’ 2022 Standard Specifications and Standard Special Provisions. CITY will be responsible for the content of Sections 1 through 9 Special Provisions, Notice to Contractors, and the Proposal and Agreement Sections and for combining the Technical Special Provisions with Sections 1 through 9 Special Provisions.
2.1.6 Engineer’s Estimate of Probable Construction Cost CONSULTANT will prepare a bid item list using Caltrans standard bid items and provide an Engineer’s Estimate of Probable Construction Cost for items applicable to CONSULTANT’s scope of services. CONSULTANT will prepare detailed quantities in accordance with Caltrans standard specifications and payment items.
2.1.7 Plat Maps and Legal Descriptions
CONSULTANT will prepare up to three (3) legal descriptions and plat maps as requested by CITY for bridge design, creek access, and construction purposes.
2.1.8 Dry Utility Design
CONSULTANT will conduct street light photometric analysis and prepare street lighting plans within the project limits defined in Task 1.1.3. CONSULTANT will prepare plans for the dry utility improvements required for the bridge (electric and data for the aesthetic enhancements only).
Deliverables:
• One (1) full-size (22 x 34) set of Final Working Drawings in PDF format • One (1) half-size (11x17) set of Final Working Drawings in PDF format • One (1) copy of Technical Special Provisions in Word format • One (1) copy of Engineer’s Opinion of Probable Construction Cost in Excel format • One (1) copy of revised GEX Report in PDF format
• One (1) copy of Hydrology & Hydraulic Report in PDF format • One (1) copy of CONSULTANT’s responses to previous peer review comments in PDF format • 1 USB drive with electronic copy of all submittal items
PHASE 3 CONSTRUCTION CONTRACT DOCUMENTS
This phase represents the completion of the final construction contract documents. Following submittal of the Final Working Drawings and Specifications, CONSULTANT will complete our internal Independent Check as part of our QC/QA plan/process described in Task 0.4. CONSULTANT will also make any agreed upon revisions following reviews from the CITY and Valley Water.
Task 3. 1 Bridge Independent Check
An independent, licensed engineer who was not involved in the original design will review the final structural working drawings and specifications; reviewing and performing analysis as required to confirm member demands and capacities; reviewing the final structural and civil working drawings to confirm the sets have been coordinated; reviewing the bid item list and special provisions to confirm that all structure items have been accounted for in the bid items; and reviewing the structure quantities. The Independent Check Engineer will provide a list of review comments and a set of red-marked plans that communicate issues that were uncovered during the Independent Check. These issues will be resolved between the design Engineer-of-Record and the Independent Check Engineer and agreed to revisions will be made to the final working drawings and specifications.
Task 3. 2 Final Construction Contract Documents
Following reviews by CITY/CITY’s Third Party Reviewer and Valley Water, any agreed upon revisions shall be made to the final working drawings and specifications. Assumes a maximum of two (2) rounds of review/revisions. After receipt of final approval, the following deliverables will be submitted to the CITY for its use in soliciting construction bids.
Deliverables:
• One (1) full-size (22 x 34) hardcopy set of signed plans • One (1) full-size (22 x 34) and one (1) half-size (11x17) PDF set of signed plans • One (1) hardcopy set and one (1) PDF set of signed Structure Design Calculations • One (1) hardcopy set and one (1) PDF set of signed Structure Quantities • One (1) hardcopy set and one (1) MS Word set of final structure bid item list and Technical Special Provisions
• One (1) copy of final Engineer’s Opinion of Probable Construction Cost in PDF format • One (1) copy of final signed GEX Report in PDF format • One (1) copy of final signed Hydrology & Hydraulic Report in PDF format • One (1) copy of CONSULTANT’s responses to comments in PDF format • 1 USB drive with electronic copy of all submittal items
PHASE 4 ASSISTANCE DURING BIDDING
CONSULTANT will provide support to the CITY during construction bidding. The CITY will administer and coordinate the bidding procedures, advertise the project for bidding, and distribute the plans to prospective bidders. The CITY’s project coordinator will be the designated person to receive contractor inquiries. CONSULTANT will assist the CITY as requested during the bidding process which may include responding to contractor bid inquiries, providing consultation and interpretation of the construction documents, and assisting the CITY in preparation of addenda to the PS&E during the advertisement period. Attending pre-bid meeting will also be provided if requested.
PHASE 5 ENGINEERING SUPPORT DURING CONSTRUCTION
CONSULTANT will be available to assist the CITY during construction by providing engineering support services. It is assumed that the CITY will contract with a Resident Engineer/Construction Manager to provide construction Quality Assurance services, including inspection, and to act as the liaison to the CITY regarding construction related matters.
CONSULTANT’s scope and budget for this task is highly dependent on the Contractor and the Resident Engineer/Construction Manager for the project. CONSULTANT’s typical task items for this phase include:
1. Attend the preconstruction meeting (one in-person meeting assumed) and construction meetings as requested (sixteen virtual meetings assumed).
2. Assist with review of contractor submittals, including shop drawings, as requested.
3. Answer clarification questions pertaining to the plans and special provisions, if needed.
4. Review contractor RFI’s (Request for Information) and provide written response.
5. Review construction inspection reports prepared by the Resident Engineer/Construction Manager.
6. Prepare record drawings and provide hard copies to the CITY. The basis of the revisions shown on the record plans will be a red mark construction set of plans provided by the project Resident Engineer. These construction red mark plans by the Resident Engineer shall show all revisions that were made during construction.
PHASE 6 GEOTECHNICAL AND STRUCTURAL OBSERVATION
Task 6. 1 Geotechnical Observation
CONSULTANT will provide continuous on-site observations during drilling of the CIDH piles (15 site visits assumed).
CONSULTANT will provide periodic on-site observations (3 site visits assumed) during fill placement of the embankment approaches, abutments, and wingwalls. Includes review of field density and moisture tests (ASTM D6938) and compaction curves (ASTM D1557) completed by the Special Inspector.
Task 6. 2 Structural Observation
CONSULTANT will provide a Structure Representative to observe construction for general conformance with the applicable design drawings and specifications. The purpose of providing these Structural Observations is to support the CITY’s Resident Engineer/Construction Manager and CITY’s Construction Inspector as the Structural Engineer of Record (SEOR) by providing regular structural observation site visits and Structural Observation Reports. The Structure Representative shall furnish Structural Observation Reports to the CITY’s Resident Engineer/Construction
Manager, the CITY’s Construction Inspector, the SEOR, and other persons designated by the CITY’s Resident Engineer/Construction Manager. All discrepancies shall be brought to the immediate attention of the Contractor for correction, then, if uncorrected, to the CITY’s Resident Engineer/Construction Manager and CITY’s Construction Inspector. The duty and responsibility of the Structure Representative is to perform Structural Observation, not Inspection. Inspection, including daily monitoring of the Contractor’s work in detail for conformance with the contract documents, code violations and/or defects in construction will be the responsibility of the CITY’s Construction Inspector. CONSULTANT will provide periodic or continuous structural observation as noted during the following construction activities (20 site visits assumed):
6.2.1 Verification of Grades
CONSULTANT will perform survey verifications during construction to verify structure layout and grades determined by the Contractor. CONSULTANT will review all bridge grade calculations prepared by the Contractor and compare them to the grade verification survey information. The survey verifications will be performed during construction of the following structure elements, prior to placement of concrete:
• CIDH Piles
• Abutment Seats, Wingwalls and Shear Keys
• Superstructure Falsework (Soffit Grades)
• Superstructure Deck Grade Dowels
• Barrier Rails
• Approach Slabs
6.2.2 Cast-in-Drilled-Hole Concrete Piles
• Continuous structural observation during construction of cast-in-drilled hole (CIDH) concrete piles • Review gamma-gamma pile testing reports (if required) • Witness job control tests required by the specifications
6.2.3 Bar Reinforcing Steel
• Verify that mill certificates show bar reinforcing steel to be in compliance with the project specifications • Periodic structural observation during placement of bar reinforcing steel • Witness job control tests required by the specifications
6.2.4 Cast-in-Place Concrete
• Continuous structural observation during the placement of all structural concrete. During significant concrete placement days additional staff will be on site to support the Structure Representative. • Review concrete prequalification for concrete designated by compressive strength of 3,600 psi or greater.
This is to include witnessing of trial batches and resultant concrete cylinder testing or review of certified test data.
• Provide periodic structural observation during the installation and removal of concrete formwork
6.2.5 Falsework
• Periodic structural observation during driving of falsework piles and/or installation of falsework pads and corbels
• Periodic structural observation during erection of falsework posts, caps, stringers, and soffit forms • Provide a walk-through observation with the CITY’s Resident Engineer/Construction Manager and Contractor at the completion of falsework erection and prior to placement of superstructure concrete.
Please note that the Contractor’s engineer who signs the falsework drawings shall also inspect and certify in writing that the falsework was constructed in conformance with the approved drawings and specifications prior to superstructure concrete placement.
6.2.6 Superstructure Deck
• Periodic structural observation during installation of deck formwork • Periodic structural observation during placement of deck reinforcing steel • Witness job control tests required by the project specifications • Provide a walk-through structural observation with the CITY’s Resident Engineer/Construction Manager and Contractor prior to deck concrete placement, including being present during dry run of the mechanical screed
• Continuous structural observation during superstructure deck concrete placement • Witness profilograph and other compliance testing of the bridge deck to be performed by the Contractor • Quantify bridge deck crack intensity in accordance with the project specifications • Continuous structural observation during repair of deck cracks (if required)
6.2.7 Joint Seals
• Periodic structural observation during installation of joint seals
6.2.8 Concrete Barriers
• Periodic structural observation during construction of concrete barriers • Periodic structural observation during installation of anchor bolts for aesthetic enhancements • Periodic structural observation during installation of anchor rods for utility support brackets • Periodic structural observation during installation of sidewalk joint armor
6.2.9 Reports
• Prepare Structural Observation Reports for each day on site that will include descriptions of construction activities performed, deficiencies found and corrections performed, and communications with the CITY’s Resident Engineer/Construction Manager and Contractor
• Structural Observation Reports will be prepared and signed by the Structural Representative and reviewed/signed by the Structural Engineer of Record
WORK PERFORMED BY THE CITY
In addition to those services already identified to be provided by the CITY, the following additional services will be performed by the CITY:
• CITY will provide the services and materials listed below in support of the CONSULTANT’s professional services. The CITY does not give warranty, expressed or implied, regarding the accuracy of studies and reports. The CONSULTANT will be responsible for the evaluation of all information supplied by the CITY. • Examine documents submitted to CITY by CONSULTANT and timely render decisions pertaining thereto. • VOC aesthetic enhancements.
• Prepare the appropriate environmental documentation in accordance with California Environmental Quality Act and National Environmental Protection Act.
• Prepare and submit regulatory permits as required; purchase credits from a mitigation bank approved to sell wetland/non-wetland waters or riparian mitigation credits if required. • Provide property appraisal and acquisition services for right-of-way and easements required for the Project. • Complete and submit applicationsto obtain all required regulatory and agency permits. Consultant will assist the City with preparation of the permit applications by answering questions regarding construction and permit impacts and assisting with descriptions of the proposed work to be completed. • Traffic analysis and monitoring.
• Identification of contaminated or hazardous material sites. • Third party utility relocation design.
• Underground utility locations and potholing.
• SWPPP monitoring and QSP services.
• Public Outreach.
• Pay all fees for required agency reviews and permits. • Arrange for and pay the reproduction costs of printing the final bidding and construction documents. • Combine CONSULTANT’s technical special provisions with CITY’s Special Provisions Sections 1 through 9, Notice to Contractors, and the Proposal and Agreement Sections to create a complete set of documents for advertising.
• Advertise, process bids, and award construction contract. • Distribute any required addenda.
• Perform construction contract administration services, which services shall include, but may not be limited to:
o Provide a CITY Representative as Resident Engineer/Construction Manager o Conducting the pre-construction conference.
o Issuing the notice to proceed to contractor.
o Authorizing and making progress payments.
o Authorizing and issuing contract change orders.
o Authorizing supplemental fund payments.
o Accepting the project and issuing the Notice of Completion. • Attend and participate in meetings with the CONSULTANT and other agencies required. • Perform primary construction Inspection, Special Inspection, and testing. • Provide translation services if necessary to facilitate meetings with members of the Public. • Review and return comments on reports within fifteen business days of receipt from CONSULTANT. • Review and return comments on PS&E within thirty business days of receipt from CONSULTANT.
ASSUMPTIONS
In addition to the assumptions previously discussed, the following additional assumptions were made in generating this proposal.
1. The bridge type, span, width, and foundation system will remain as currently designed. Should the bridge type, span, width, or foundation system change, additional budget will be necessary.
2. Includes responding to up to two (2) rounds of comments from the CITY/CITY’s Third Party Reviewer and Valley Water. Should additional rounds of comments from the CITY/CITY’s Third Party Reviewer and/or Valley Water be provided, additional budget will be necessary.
3. The CITY will provide all coordination with utility companies including notifying utility companies of any relocations required.
4. The contractor will provide all QSP services. BMPs for water quality, dust, and erosion control will be provided by the contractor and will not be shown on CONSULTANT’s plans.
5. This proposal does not include staged construction of the structure or approach roadway.
6. Assumes that cofferdams located both upstream and downstream of the new bridge in conjunction with temporary culverts (pipes) will be sufficient to maintain storm flow during construction. Should a temporary bypass channel be required to carry storm flows during construction additional fee will be required.
Temporary bypass to be determined later after coordinating with local stakeholders. No analysis of the construction bypass flow will be performed. Assumes temporary falsework will be permitted within Penitencia East Channel.
7. The Project limits will be the tie-in of S. Milpitas Boulevard to the existing cul-de-sac at its intersection with Vineyard Avenue on the north side of Penitencia East Channel, and just south of Penitencia East Channel on the City of Milpitas property on the south side of Penitencia East Channel. The southern project limit will not be extended to the Sango Court street extension.
8. As environmental mitigation measures have not yet been determined, design of mitigations is not included in this scope. When mitigations can be incorporated by simple addition of notes provided by the CITY or by inclusion of CITY provided specification language, such mitigations will be included in the design.
9. If required, utility design and or relocation will be performed by the utility companies.
10. Traffic signal design and traffic analysis, if required, will be provided by others under separate contract to the CITY.
11. One (1) 12-inch diameter water main (CITY) and one (1) 8-inch diameter recycled water main (CITY) will be supported by steel support brackets attached to the backside of the concrete barriers. Up to six (6) 4-inch diameter conduits for future utilities can be accommodated within the sidewalks. If additional dry utility conduits or wet utilities are required through the bridge, additional scope and budget will be required.
12. CITY encroachment permit will be provided at no cost.
13. The CITY will arrange unlimited access to the project areas for purposes of field investigations and any onsite meetings with agency staff.
14. CONSULTANT will not be responsible for the following during construction:
a. Processing contractor payment requests
b. Contract management, including monitoring contractor daily equipment and labor records, apprenticeship requirements, work & civil rights interviews, etc. c. Monitoring contractor’s construction schedule
d. Oversight of construction site safety
e. Processing contractor submittals, maintaining project files, etc. f. Other duties normally performed by the Resident Engineer/Construction Manager and Construction Inspector
15. CITY understands and acknowledges the following roles/responsibilities:
Inspection: The building official or his/her designated building inspectors typically perform what is generally known as inspections. These inspections are pursuant to Section 110, Chapter 1 of the 2022 CBC.
The specific required inspections and their frequency are generally at the discretion of the building official and/or building inspector. These required tasks are neither performed by the agency conducting Special Inspection nor the engineer-of-record. CITY understands that CITY’s contractor(s) must cooperate with the building official and/or building inspector to meet all their requirements. Inspection is not to be construed as Special inspection or Structural observation.
Special Inspection: Pursuant to Sections 1704 and 1705 of the 2022 California Building Code, Special Inspection is defined as inspection of construction requiring the expertise of an approved special inspector in order to ensure compliance with this code and the approved construction documents. These required tasks are neither performed by the building official nor the engineer-of-record. Special Inspection is not to be construed as Inspection or Structural observation.
Structural Observation: Pursuant to Section 1702 of the 2022 California Building Code, Structural Observation is defined as the visual observation of the structural system by a registered design professional for general conformance to the approved construction documents. Structural Observation does not include or waive the responsibility for the inspection required by Sections 110, 1704, 1705 or other sections of this code. This type of construction review is exclusively performed by the Project’s engineer-of-record.
Structural observation is not to be construed as Inspection or Special inspection.
16. Assumes that construction will begin in June 2025 and will be completed within four calendar months of the start of construction. Assumes a maximum of 18 Geotechnical Observation site visits. Assumes a maximum of 20 Structural Observation site visits.
17. CITY agrees that CONSULTANT is not responsible or liable for the performance or defective work of third parties, the construction contractor and its subcontractors, nor may CONSULTANT offer “field advice” to subcontractors without CITY’s prior consent.
18. City agrees that in accordance with generally accepted construction practices, construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property.
19. In the event CITY discovers or becomes aware of changed field or other conditions which necessitate clarifications, adjustments, modification, or other changes during the construction phase of the project, CITY agrees to notify CONSULTANT and engage CONSULTANT to prepare the necessary clarifications, adjustments, modifications, or other changes to CONSULTANTs work before construction activities commence or further activity proceeds. Further, CITY agrees to have a provision in its contract with contractor to provide for construction contracts for the project which require the contractor to notify CITY of any changed field or other conditions so that CITY may in turn notify CONSULTANT pursuant to the provisions of this paragraph.
20. CITY acknowledges that the requirements of the Americans with Disability Act (“ADA”) and other federal, state, and local accessibility laws are subject to various and possibly contradictory requirements.
CONSULTANT will use reasonable professional judgment to interpret applicable ADA requirements within CONSULTANTs Scope of Services as they apply to the Project. CONSULTANT cannot and does not warrant or
guarantee that the project will fully comply with future and/or varying interpretations of accessibility laws by regulatory bodies or the courts.
ID Task Name Duration Start Finish
1 S. Milpitas Boulevard Bridge at Penitencia East Channel 555 days Fri 9/1/23 Thu 10/23/25 2 Notice to Proceed 0 days Fri 9/1/23 Fri 9/1/233 Kick-Off Meeting 0 days Wed 9/6/23 Wed 9/6/234 Phase 1 - Project Initiation 100 days Mon 9/11/23 Wed 1/31/245 Art Conceptual Drawings 12 wks Mon 9/11/23 Tue 12/5/236 Task 1.1 - Update Preliminary Design Drawings 60 days Mon 9/11/23 Tue 12/5/237 Task 1.1.1 - Coordinate with City's Art Consultant 12 wks Mon 9/11/23 Tue 12/5/238 Task 1.1.2 - Supplemental Topographic Survey 2 wks Mon 10/9/23 Fri 10/20/239 Task 1.1.3 - Update Preliminary Design Drawings 6 wks Mon 10/23/23 Tue 12/5/23 10 Task 1.2 - Basis of Design Memorandum 4 wks Mon 11/6/23 Tue 12/5/2311 Art Concept Submittal + 60% Submittal 0 days Wed 12/6/23 Wed 12/6/2312 City/Building Dept/VW Review 8 wks Wed 12/6/23 Wed 1/31/2413 Phase 2 - Final Working Drawings and Specifications 120 days Thu 2/1/24 Wed 7/17/2414 Art Prototypes 6 mons Thu 2/1/24 Wed 7/17/2415 Task 2.1 - Final Working Drawings and Specifications 50 days Thu 2/1/24 Wed 4/10/2416 Task 2.1.1 - Structure Design Revisions 8 wks Thu 2/1/24 Wed 3/27/2417 Task 2.1.2 - Civil Improvement Design Revisions 8 wks Thu 2/1/24 Wed 3/27/2418 Task 2.1.3 - Temporary Traffic Control Improvements 8 wks Thu 2/1/24 Wed 3/27/2419 Task 2.1.4 - Geotechnical Exploration Report Revisions 2 wks Thu 2/15/24 Wed 2/28/2420 Task 2.1.5 - Technical Special Provisions 4 wks Thu 3/14/24 Wed 4/10/2421 Task 2.1.6 - Engineer's Estimate of Probable Construction Cost 4 wks Thu 3/14/24 Wed 4/10/2422 Task 2.1.7 - Plat Maps and Legal Descriptions 2 wks Thu 2/15/24 Wed 2/28/2423 Task 2.1.8 - Dry Utility Design 4 wks Thu 3/14/24 Wed 4/10/2424 90% Submittal 0 days Thu 4/11/24 Thu 4/11/2425 City/Building Dept/VW Review 6 wks Thu 4/11/24 Wed 5/22/2426 Phase 3 - Construction Contract Documents 180 days Thu 4/25/24 Wed 1/1/2527 Art Construction Documents 6 mons Thu 7/18/24 Wed 1/1/2528 Task 3.1 - Bridge Independent Check 4 wks Thu 4/25/24 Wed 5/22/2429 Task 3.2 - Final Construction Contract Documents 4 wks Thu 5/23/24 Wed 6/19/24 Notice to Proceed
Kick-Off Meeting
Art Concept Submittal + 60% Submittal
90% Submittal
A S O
N
D J F M
A
M J J A S O
N
D J F M
A
M J J A S O
N
2024 2025
TaskSplitMilestoneSummary
Project SummaryInactive TaskInactive MilestoneInactive Summary Manual TaskDuration-onlyManual Summary RollupManual Summary Start-onlyFinish-onlyExternal TasksExternal Milestone
DeadlineProgressManual Progress
EXHIBIT
A
S. MILPITAS BOULEVARD BRIDGE AT PENITENCIA EAST CHANNEL
DRAFT PROPOSAL SCHEDULE
AUGUST 22, 2023
ID Task Name Duration Start Finish
30 100% Submittal 0 days Thu 6/20/24 Thu 6/20/2431 City/Building Dept/VW Review 6 wks Thu 6/20/24 Wed 7/31/2432 Final Submittal 4 wks Thu 8/1/24 Wed 8/28/2433 Phase 4 - Assistance During Bidding 60 days Thu 1/30/25 Thu 4/24/2534 Pre-Bid Meeting 0 days Thu 1/30/25 Thu 1/30/2535 Bidding Period 2 mons Thu 1/30/25 Wed 3/26/2536 City Review 1 mon Thu 3/27/25 Wed 4/23/2537 Construction Contract Award 0 days Thu 4/24/25 Thu 4/24/2538 Phase 5 - Engineering Support During Construction 110 days Thu 5/22/25 Wed 10/22/2539 Pre-Construction Meeting 0 days Thu 5/22/25 Thu 5/22/2540 Contractor Submittals 3 mons Thu 5/22/25 Wed 8/13/2541 Construction Progress Meetings 5 mons Thu 5/22/25 Wed 10/8/2542 Respond to Questions/RFIs 5 mons Thu 5/22/25 Wed 10/8/2543 Record Drawings 2 wks Thu 10/9/25 Wed 10/22/2544 Phase 6 - Geotechnical and Structural Observation 100 days Thu 6/5/25 Thu 10/23/2545 Contractor Mobilization 2 wks Thu 6/5/25 Wed 6/18/2546 Bridge Construction 4 mons Thu 6/19/25 Wed 10/8/2547 Task 6.1 - Geotechnical Observation 2 mons Thu 6/19/25 Wed 8/13/2548 Task 6.2 - Structural Observation 4 mons Thu 6/19/25 Wed 10/8/2549 Contractor Demobilization 2 wks Thu 10/9/25 Wed 10/22/2550 Construction Completion 0 days Thu 10/23/25 Thu 10/23/25 100% Submittal
Pre-Bid Meeting
Construction Contract Award
Pre-Construction Meeting
Construction Completion
A S O
N
D J F M
A
M J J A S O
N
D J F M
A
M J J A S O
N
2024 2025
TaskSplitMilestoneSummary
Project SummaryInactive TaskInactive MilestoneInactive Summary Manual TaskDuration-onlyManual Summary RollupManual Summary Start-onlyFinish-onlyExternal TasksExternal Milestone
DeadlineProgressManual Progress
EXHIBIT
A
S. MILPITAS BOULEVARD BRIDGE AT PENITENCIA EAST CHANNEL
DRAFT PROPOSAL SCHEDULE
AUGUST 22, 2023
38077.00180\29175422.11
1 EXHIBIT “B”
FEE AND PHASING/FUNDING SCHEDULES
1. FEE SCHEDULE.
Designer will invoice City on a monthly cycle based on the following fee schedule.
Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation.
Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City.
See Attachment to this Exhibit B
Revised August 22, 2023
CBG ENGEO Schaaf & Wheeler
Civil Engineering
Geotechnical
Engineering
Hydrology &
Hydraulics
DESIGN SERVICES 140,021$ 156,950$ 16,000$ 3,760$ 372,760$ INITIATION PHASE 48,641$ 27,407$ -$ -$ 76,047$ 20.4% 20.4% FINAL WORKING DRAWINGS AND SPECIFICATIONS 53,408$ 102,877$ 12,800$ -$ 169,084$ 45.4% 65.8%CONSTRUCTION CONTRACT DOCUMENTS 32,973$ 23,167$ 3,200$ 3,760$ 63,099$ 16.9% 82.7%REIMBURSABLES 5,000$ 3,500$ -$ -$ 8,500$ 2.3% 85.0% 15% DESIGN CONTINGENCY 24,769$ 27,764$ 2,830$ 665$ 56,029$ 15.0% 100.0% TOTAL FIXED FEE COMPENSATION (DESIGN SERVICES) 372,760$ CONSTRUCTION SUPPORT SERVICES 151,199$ 30,690$ 56,100$ -$ 280,088$ ASSISTANCE DURING BIDDING 11,852$ 3,420$ 5,500$ -$ 20,772$ 7.4% 7.4% ENGINEERING SUPPORT DURING CONSTRUCTION 57,298$ 10,780$ 5,000$ -$ 73,078$ 26.1% 33.5% GEOTECHNICAL AND STRUCTURAL OBSERVATION 76,049$ 16,490$ 45,600$ -$ 138,139$ 49.3% 82.8%REIMBURSABLES 6,000$ -$ -$ -$ 6,000$ 2.1% 85.0% 15% CONSTRUCTION SUPPORT CONTINGENCY 26,747$ 5,429$ 9,924$ -$ 42,099$ 15.0% 100.0% TOTAL NOT TO EXCEED COMPENSATION (CONSTRUCTION SUPPORT SERVICES) 280,088$ TOTAL COMPENSATION 652,848$
EXHIBIT BCity of Milpitas - Engineering DepartmentS. Milpitas Boulevard Bridge at Penitencia East ChannelCompensation Summary May 18, 2023
BASIC SERVICES
CUMULATIVE
PERCENT
CORNERSTONE
STRUCTURAL
ENGINEERING GROUP
PERCENT OF
TOTAL FEE TOTAL FEE
S. Cullers J. Jensen T. Goolkasian Total Total CBG ENGEO Schaaf & Wheeler Total Fee Principal
Principal-InCharge Senior Engineer Project Manager Project Engineer Principal QC/QA Manager Project Engineer QC/QA Engineer Hours Dollars Civil Engineering Geotechnical Engineering Hydrology & Hydraulics Rate $280.00 $200.00 $185.00 $280.00 $185.00
46.00 104.00 60.00 4.00 - 214.00 48,641 27,407 - - 76,047
0.0 Project Management - - - - - - - - - - - 0.1 Project Meetings (4 Virtual) 4.00 16.00 - - - 20 4,320 - - - 4,320
0.2 Project Coordination 24.00 40.00 - - - 64 14,720 - - - 14,7200.3 Monthly Status Reports - 4.00 - - - 4 800 - - - 8000.4 Quality Control / Quality Assurance (QC/QA) - - - 4.00 - 4 1,120 - - - 1,120
1.1 Update Preliminary Design Drawings 16.00 40.00 60.00 - - 116 23,580 19,597 - - 43,1771.2 Basis of Design Memorandum 2.00 4.00 - - - 6 1,360 7,810 - - 9,170 Subconsultant Administration 2,741 2,741
33.00 104.00 64.00 8.00 - 209.00 53,408 102,877 12,800 - 169,084
0.0 Project Management - - - - - - - - - - - 0.1 Project Meetings (4 Virtual) 4.00 16.00 - - - 20 4,320 - - - 4,320
0.2 Project Coordination 20.00 40.00 - - - 60 13,600 - - - 13,6000.3 Monthly Status Reports - 8.00 - - - 8 1,600 - - - 1,6000.4 Quality Control / Quality Assurance (QC/QA) - - - 8.00 - 8 2,240 - - - 2,240
2.1 Final Working Drawings and Specifications. - - - - - - - - - - - 2.1.1 Structure Design Revisions 4.00 8.00 24.00 - - 36 7,160 - - - 7,160
2.1.2 Civil Improvement Design Revisions - 4.00 8.00 - - 12 2,280 65,597 - - 67,8772.1.3 Temporary Traffic Control Improvements - 2.00 4.00 - - 6 1,140 4,820 - - 5,9602.1.4 Geotechnical Exploration Report Revisions - 2.00 4.00 - - 6 1,140 - 12,800 - 13,9402.1.5 Technical Special Provisions 4.00 16.00 - - - 20 4,320 - - - 4,3202.1.6 Engineer's Estimtae of Probable Construction Cost 1.00 4.00 16.00 - - 21 4,040 4,680 - - 8,7202.1.7 Plat Maps and Legal Descriptions - 2.00 4.00 - - 6 - 6,180 - - 6,1802.1.8 Dry Utility Design - 2.00 4.00 - - 6 - 21,600 21,600 Subconsultant Administration 11,568 11,568
16.00 44.00 32.00 12.00 40.00 144.00 32,973 23,167 3,200 3,760 63,099
0.0 Project Management - - - - - - - - - - - 0.1 Project Meetings (2 Virtual) 4.00 8.00 - - - 12 2,720 - - - 2,720
0.2 Project Coordination 8.00 16.00 - - - 24 5,440 - - - 5,4400.3 Monthly Status Reports - 2.00 - - - 2 400 - - - 4000.4 Quality Control / Quality Assurance (QC/QA) - - - 4.00 - 4 1,120 - - - 1,120
3.1 Bridge Independent Check - 2.00 8.00 8.00 40.00 58 11,520 - - - 11,5203.2 Final Construction Contract Documents 4.00 16.00 24.00 - - 44 8,760 23,167 3,200 3,760 38,887 Subconsultant Administration 3,013 3,013
5,000 3,500 - - 8,500
Mileage 750 - - - 750Hotels and Per Diem 750 - - - 750 Printing 500 500 - - 1,000 Plotting 3,000 3,000 - - 6,000 SUBTOTALS 140,021$ 156,950$ 16,000$ 3,760$ 316,731$
15% CONTINGENCY 24,769$ 27,764$ 2,830$ 665$ 56,029$
TOTAL 164,790$ 184,714$ 18,830$ 4,425$ 372,760$
372,760$
* SEE SCOPE OF WORK FOR ASSUMPTIONSOnly individuals listed by name are considered key staff
REIMBURSABLES
EXHIBIT BCity of Milpitas - Engineering DepartmentS. Milpitas Boulevard Bridge at Penitencia East Channel May 18, 2023TASK
Cornerstone Structural Engineering Group
Design Team QC/QA Team
INITIATION PHASEFINAL WORKING DRAWINGS AND SPECIFICATIONSCONSTRUCTION CONTRACT DOCUMENTS Revised August 22, 2023
Base Design Services
TOTAL FIXED FEE COMPENSATION (DESIGN SERVICES)
S. Cullers J. Jensen T. Goolkasian Total Total CBG ENGEO Schaaf & Wheeler Total Fee Principal
Principal-InCharge Senior Engineer Project Manager Project Engineer Principal QC/QA Manager Project Engineer QC/QA Engineer Hours Dollars Civil Engineering Geotechnical Engineering Hydrology & Hydraulics Rate $280.00 $200.00 $185.00 $280.00 $185.00
9.00 32.00 8.00 2.00 - 51.00 11,852 3,420 5,500 - 20,772
4.1 Pre-Bid Meeting (In-Person) 2.00 12.00 - - - 14 2,960 - - - 2,9604.2 Assist with Bidder Inquiries 4.00 8.00 - 1.00 - 13 3,000 3,420 5,500 - 11,9204.3 Assist with Bid Review 1.00 4.00 - - - 5 1,080 - - - 1,0804.4 Assist with Preparing Addenda 2.00 8.00 8.00 1.00 - 19 3,920 - - - 3,920 Subconsultant Administration 892 892
16.00 104.00 160.00 3.00 - 283.00 57,298 10,780 5,000 - 73,078
5.1 Pre-Construction Meeting (In-Person) 2.00 12.00 - - - 14 2,960 - - - 2,9605.2 Construction Meetings (16 Virtual) 4.00 32.00 - - - 36 7,520 7,380 - - 14,9005.3 Review and Respond to Contractor Submittals 4.00 40.00 120.00 1.00 - 165 31,600 - 5,000 - 36,6005.4 Review and Respond to Contractor Rquests for Information 4.00 16.00 24.00 2.00 - 46 9,320 - - - 9,3205.5 Prepare Record Drawings 2.00 4.00 16.00 - - 22 4,320 3,400 - - 7,720 Subconsultant Administration 1,578 1,578
30.00 100.00 224.00 - - 354.00 76,049 16,490 45,600 - 138,139
6.1 Geotechnical Observation - - - - - - - - 45,600 - 45,6006.2 Structural Observation (20 Site Visits Assumed)
6.2.1 Verification of Grades - 4.00 16.00 - - 20 3,760 16,490 - - 20,2506.2.2 Cast-in-Drilled-Hole Concrete Piles 12.00 24.00 40.00 - - 76 15,560 - - - 15,5606.2.3 Bar Reinforcing Steel 2.00 8.00 32.00 - - 42 8,080 - - - 8,0806.2.4 Cast-in-Place Concrete 2.00 8.00 24.00 - - 34 6,600 - - - 6,6006.2.5 Falsework 2.00 4.00 8.00 - - 14 2,840 - - - 2,8406.2.6 Superstructure Deck 4.00 24.00 40.00 - - 68 13,320 - - - 13,3206.2.7 Joint Seals - 2.00 8.00 - - 10 1,880 - - - 1,8806.2.8 Concrete Barriers - 2.00 8.00 - - 10 1,880 - - - 1,8806.2.9 Reports 8.00 24.00 48.00 - - 80 15,920 - - - 15,920 Subconsultant Administration 6,209 6,209
6,000 - - - 6,000
Mileage 3,000 - - - 3,000Hotels and Per Diem 3,000 - - - 3,000 Printing - - - - - Plotting - - - - - SUBTOTALS 151,199$ 30,690$ 56,100$ -$ 237,989$
15% CONTINGENCY 26,747$ 5,429$ 9,924$ -$ 42,099$
TOTAL 177,946$ 36,119$ 66,024$ -$ 280,088$
280,088$
* SEE SCOPE OF WORK FOR ASSUMPTIONSOnly individuals listed by name are considered key staff
REIMBURSABLES
TOTAL NOT TO EXCEED COMPENSATION (CONSTRUCTION SUPPORT SERVICES) Cornerstone Structural Engineering Group
Design Team
ASSISTANCE DURING BIDDINGENGINEERING SUPPORT DURING CONSTRUCTIONGEOTECHNICAL AND STRUCTURAL OBSERVATION QC/QA Team
EXHIBIT B
May 18, 2023
City of Milpitas - Engineering DepartmentS. Milpitas Boulevard Bridge at Penitencia East Channel TASKRevised August 22, 2023
Base Construction Support Services
38077.00180\29175422.11
1 (BB&K: January 2015)
EXHIBIT “C”
COMPENSATION RATES AND REIMBURSABLE EXPENSES
1. HOURLY COMPENSATION RATES.
Principal 280.00/hr
Senior Associate 250.00/hr
Construction Manager 235.00/hr
Associate 220.00/hr
Structural Observer 220.00/hr
Assistant Structural Observer 210.00/hr
Project Administrator 180.00/hr
Senior Engineer 200.00/hr
Project Engineer 185.00/hr
Staff Engineer 175.00/hr
Structural Designer II 160.00/hr
Structural Designer I 150.00/hr
Junior Engineer 130.00/hr
Senior Computer Drafter 150.00/hr
Computer Drafter 140.00/hr
Junior Computer Drafter 130.00/hr
Accounting Assistant 140.00/hr
Marketing Coordinator 125.00/hr
Administrative Assistant II 125.00/hr
Administrative Assistant I 115.00/hr
Expert Witness Services 600.00/hr
2. ADDITIONAL SERVICES.
Additional Services shall include any service not specifically listed above and agreed by the City and Cornerstone Structural Engineering Group. Compensation for additional services shall be by a mutually accepted fixed fee, or on an hourly basis, computed at the actual hourly rates listed above.
38077.00180\29175422.11
1 (BB&K: January 2015)
EXHIBIT “D”
INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Design Services Agreement.
Designer shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Designer, its agents, representatives, employees or subcontractors.
Designer shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.
Designer shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Designer’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Commercial General Liability (CGL):
___ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01, or insurers equivalent, covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
_X_ Coverage at least as broad as ISO Form CG 00 01, or insurers equivalent, covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. ___ Coverage at least as broad as ISO Form CG 00 01, or insurers equivalent, covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability:
_X_ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Designer has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.
38077.00180\29175422.11
2 ___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single limit for bodily injury and property damage. ___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Designer, regardless of where the vehicles are kept or driven.
Professional Liability (Errors and Omissions):
_X_ Insurance appropriates to the Designer’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.
___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.
___ Insurance appropriates to the Designer’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate
Workers’ Compensation Insurance:
_X_ Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Designer provides written verification it has no employees) The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Builder’s Risk (Course of Construction):
___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
Pollution Legal Liability:
___ Designer’s legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.
If the Designer maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Designer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Cyber Liability Insurance
38077.00180\29175422.11
3 ___ Cyber Liability Insurance with limits not less than $1,000,000 per claim.
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Designer in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
Surety Bonds:
Designer shall provide the following Surety Bonds:
____ Bid Bond
____ Performance Bond
____ Payment Bond
The Payment Bond and Performance Bond shall be in a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain the following provisions:
_X_ Additional Insured Status and Primary/Non-Contributory Language:
Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its elected and appointed officials, officers, attorneys, agents employees and volunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.
The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. ___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)
Designer may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear. _X_ Notice of Cancellation, Suspension or Otherwise Voiding Policies:
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4 Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City. _X_ Waiver of Subrogation:
Designer hereby grants to City a waiver of any right to subrogation which any insurer of said Designer may acquire against the City by virtue of the payment of any loss under such insurance.
Designer agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Designer, its employees, agents and subcontractors.
___ Completed Operations
For Construction Agreements, Designer shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Designer fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Designer.
THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS
Deductibles and Self-Insured Retentions (“SIR”):
Any deductibles or self-insured retentions must be declared to and approved by City. The City may require the Designer to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Designer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.
City reserves the right to obtain a full-certified copy of any insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to City.
Claims Made Policies: (note - should be applicable only to professional liability, see below)
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5 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Designer must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Designer’s Pollution Liability Policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Designer’s Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Subcontractors:
Designer shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Designer shall ensure that City is an additional insured on insurance required from subcontractors.
Subcontractor agrees to be bound to Designer and City in the same manner and to the same extent as Designer is bound to City under this Agreement and any other contract documents.
Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.
Verification of Coverage:
Designer shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Designer’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
Failure to Comply:
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6 Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Applicability of Coverage:
Each insurance policy required above shall contain or be endorsed to contain that the Designer’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: FY 2023-24 2nd Quarter Financial Status Report for the Quarter Ended December 31, 2023 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Category: Consent Calendar-Leadership and Support Services Meeting Date: 2/20/2024
Recommendation: Review the FY 2023-24 Quarterly Financial Status Report for the quarter ended December 31, 2023.
BACKGROUND:
On June 6, 2023, the City Council approved the Fiscal Year (FY) 2023-24 Adopted Operating Budget in the amount of $231.9 million and the General Fund Budget in the amount of $129.5 million. After adoption of the budget, staff monitors revenues and expenditures for all funds with an emphasis on the General Fund and Enterprise Funds.
ANALYSIS:
This staff report provides a quarterly update on budget versus actual revenues and expenditures of the General, Water and Sewer Funds, the City’s major operating funds. The summary information below as well as the attachments comprise the FY 2023-24 Quarterly Financial Status Report for the quarter ended December 31, 2023. Major revenue sources and expenditures for these funds are discussed below. The attachments provide a more detailed summary of budget versus actual revenues and expenditures for the second quarter of FY 2023-24 as well as prior year actual for comparison purposes.
General Fund
On June 6, 2023, the City Council approved the Fiscal Year (FY) 2023-24 Adopted Operating General Fund Budget in the amount of $129.5 million. As of December 31, 2023, the City received $38.0 million in revenues, or 29.9% of the FY23-24 amended revenue budget and incurred $71.8 million in expenditures, or 54.4% of the FY23-24 amended operating budget. Revenues and expenditures are seasonal with cash flow fluctuations due to timing of revenue receipts and City services rendered. As such, actual percentage of revenues may not match the lapsed time period of the quarterly report (i.e., 29.9% of revenue versus 50% for 6-month time period).
Revenues
As mentioned above, the six months ending December 31, 2023, the General Fund has received $38.0 million, or 29.9% of the FY 2023-24 amended revenue budget of $129.5 million. Overall, General Fund revenues Receipts of $38.0 million is comparable between FY23-24 and FY22-23. However, there are several categories of decline including sales tax, licenses, permits, and fines, hotel/motel tax and intergovernmental. A few categories improvements including franchise tax and charges for services.
• Property Taxes and Redevelopment Property Tax Trust Fund: Most property tax revenue is received in December and April. The revenue forecast estimates $46.0 million in total property tax revenue for the City of Milpitas based on the County of Santa Clara (County) projections. Compared to the County’s most recent update on February 12, 2024 the County’s property tax projections are net $2.5 million higher than the amended budget of $46.0 million. However, such variance primarily relates to ERAF allocation that is involved in current litigation and potential State budget claw back. Accordingly, the County advises 22% be excluded from the budget and appropriation. The significant property tax contingencies relate to (1) ERAF allocation involved in now-settled litigation with the California School Board Association (2) property tax assessed valuation being reviewed and revised downward by the Santa Clara County Assessor (3) lower real estate transactions due to high mortgage rates and (4) FY25 State budget proposal of take a portion of local excess ERAF. • Sales & Use Tax: Sales tax is usually collected one quarter in arrears. As of December 31, 2023, the City has received four months of sales tax receipts. Revenues are 9.6% lower than last year at the same time. This decline is partially attributed to a business closure and audit adjustments within the automobile industry, as well as anomalies identified in the previous quarter's data. Considering this one-time factor, sales tax revenues are net 5% lower than last year at the same time. Staff will continue to monitor this decrease in revenue.
• Sales & Use Tax – Measure F: The district tax became operative April 1, 2021 and sunsets in eight years. As of December 31, 2023, the City has received four months of sales tax receipt for Measure F.
Revenues are 0.2% higher than last year at the same time, which was consistent with prior year. • Franchise Fees: Franchise fees are typically received a month in arrears. Sanitation franchise fees attributed to December has not yet been received. Revenue is trending 10.9% higher compared to last year; business operations have been recovering since the pandemic. • Hotel/Motel (TOT) Tax: Revenues are 4.6% lower than last year at the same time. Post COVID travel remains uncertain especially for the Milpitas lodging which is focused on business related travel. TOT taxes are typically received a month in arrears. Staff will continue to monitor this decrease in revenue. • License and Permits: Revenues are 11.7% lower than last year at the same time which is due to fewer building permits being issued. City projects’ timelines vary on a case-by-case basis and seldom within City control. Staff anticipates license and permit revenues to be slightly higher than the current budget, and recommended amendments are included in the FY24 mid-year financial report.
• Charges for Services: Revenues are 11.9% higher than last year at the same time. There has been an increase in Recreation programs, events, and classes held compared to prior years. • Use of Money and Property: Revenues are two times higher than last year at the same time, as the City’s investment portfolio is earning significantly higher income than last year. This uptick in income is primarily due to 1) the quick rise in market rates over the past year as a result of tighter Federal policy designed to combat inflation; and 2) the management of the City’s diversified portfolio of fixed income assets that has taken advantage of this shift in the market while providing safety and liquidity • Intergovernmental – Revenues are 72.4% lower than last year at the same time. Intergovernmental revenues include grant revenues which varies based upon grants received year by year. • Other Revenues: Revenues are 156.3%higher than last year at the same time due to City received PG&E credit in an amount of $679,196 for the savings, as a result of solar and energy savings projects.
Expenditures
For the six months ending December 31, 2023, the General Fund has utilized $71.8 million, or 54.4%, of the FY 23-24 amended operating budget of $131.9 million. The amended operating budget represents $129.5 million of the adopted appropriation and $2.0 million of carryover encumbrances. As of December 31, 2023 General Fund expenditures are consistent with prior year as a percentage expended of the budget. Staff will continue to monitor expenditures relative to Council authorized appropriations.
Grants and Donations
In accordance with City Council approved Budget Guidelines, the City Manager has the authority to accept grants and donations up to $100,000. Staff is reporting on acceptance of these grants and donations for this quarter.
1. Department of Alcoholic Beverage Control’s ABC-OTS Grant - $30,000
2. SVCE Decarb Grant FY23-24 - $95,000
3. 2023 Bullet Proof Vest Partnership Grant - $7,629
4. EMS Grant FY23-24 - $14,993.02
Unanticipated Expenditure Reserve
In accordance with the City Council approved Budget Guidelines, as part of the quarterly financial status reports, Staff is reporting on the expenditures from the Unanticipated Expenditure Reserve for this quarter.
Unanticipated Expenditure Reserve Uses
Description Amount
Liebert Cassidy Whitmore $32,080
TOTAL for the Quarter Ending December 31, 2023 $ 32,080 Water Maintenance & Operation (M&O) Fund Financial Status Revenues: For the six months ended December 31, 2023, $17.6 million of charges for services, or 52.1%, of the $33.7 million amended budget has been received. Total revenue received amounts to $18.1 million, or
53.1%, of the $34.1 million amended budget.
Expenditures: For the six months ended December 31, 2023, $28.7 million, or 84.7%, of the $33.9 million amended budget has been spent and/or encumbered. The Santa Clara Valley Water District and San Francisco Water Department wholesale water purchase contract encumbrance was posted for the full year in Q1 of FY24.
Sewer Maintenance & Operation (M&O) Fund Financial Status Revenues: For the six months ended December 31, 2023, $12.3 million of charges for services, or 52.4%, of the $23.5 million amended budget has been received. Total revenue received amounts to $12.6 million, or
52.8%, of the $23.8 million amended budget.
Expenditures: For the six months ended December 31, 2023, $14.8 million, or 86.5%, of the $17.2 million amended budget has been spent and/or encumbered. The City of San Jose wastewater treatment contract encumbrance was posted for the full year in Q1 of FY24.
POLICY ALTERNATIVE(S):
Alternative 1: Do not review the report.
Pros: There are no pros to not review the report.
Cons: Not reviewing the report may be interpreted that the data is incorrect.
Reason not recommended: Staff is reporting actual unaudited financial data to inform the Council and the public on the City’s financial status.
FISCAL IMPACT:
This is an informational report intended to provide a financial update of the City’s General, Water and Sewer funds for the quarter ended December 31, 2023. No budget amendment is recommended.
California Environmental Quality Act (CEQA):
This item is not a Project under CEQA exempt under CEQA Guideline 15378(b)(4) as it is a government fiscal activity that does not involve a commitment to any specific project which may result in a potentially significant physical impact on the environment.
RECOMMENDATION:
Review the FY 2023-24 Quarterly Financial Status Report for the Quarter Ended December 31, 2023