May 21, 2024 Milpitas City Council Agenda Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
AGENDA
TUESDAY, MAY 21, 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
* To access written translation during the meeting, scan the QR Code.
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, unless the City Council approves remote public comment. 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 nonagenda 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 unless the City Council approves remote public comment. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_n6YZJlq1QjmkJMDhqkVIng 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.
May 21, 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) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957
Position: City Manager
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 (Vice Mayor Chua)
PRESENTATIONS (7:05 PM)
● Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month (Proclamation) ● Public Works Week (Proclamation)
PUBLIC FORUM (7:10 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 (7:15 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 May and June 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for May and June 2024.
C2. Approve City Council City Council Meeting Minutes of May 7, 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Meeting minutes of May 7, 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.
May 21, 2024 Milpitas City Council Agenda Page 3
C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Review the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.
C5. Authorize the Reallocation of Money Appropriated in the FY 2023-2024 Budget from the Legacy Special Council Provider to the Current Special Council Provider and Approve and Authorize the City Attorney and City Manager to Execute an Amendment to the Contract with Meyers Nave for Contracted Outside Counsel (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) Recommendation: (1) Authorize the reallocation of money appropriated in the FY-23/24 budget from the legacy special council provider to the current special council provider and approve; (2) Approve an amendment to the contract with Meyers Nave for contracted outside counsel in the amount of $90,000; and (3) Authorize the City Attorney and City Manager to execute the amended agreement.
C6. Confirm Chamber of Commerce Appointment to the Economic Development and Trade Commission (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3004) Recommendation: Receive the Chamber of Commerce recommendation for appointment to the Economic Development and Trade Commission and confirm appointment.
C7. Receive Summary of 2024 Earmark Requests (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012)
Recommendation: Accept the report outlining the City of Milpitas’ 2024 State and Federal Earmark Requests.
C8. Adopt a Resolution Accepting Public Improvements and Approve a Reduction of Faithful Performance Bond for Public Improvements for the RCD Housing Project Located at 355 Sango Court (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; Michael Silveira, City Engineer, 408-586-3303; and Roberto Alonzo, Public Works Division Manager – Engineering, 408-586-3316)
Recommendation: Adopt a resolution granting acceptance of the completed public improvements for the RCD Housing Project as shown on Public Improvement Plans No. 2-1386; and approve a reduction in the faithful performance bond to $396,275.75, which is 25% of the security’s original value for the public improvements construction cost and shall be in effect for the duration of the warranty period; and grant authorization to the City Engineer to release the remaining portion of the performance bond after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the City Engineer.
C9. Receive and Approve the Calendar Year 2023 Controlled Equipment Annual Report (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406) Recommendation: Receive and approve the Calendar Year 2023 Controlled Equipment Annual Report.
C10. Adopt a Resolution Accepting ARPA Park Rehabilitation Phase 1, Project No. 3500, Authorizing the Public Works Director to File a Notice of Completion, and Authorize the City to issue a Notice of Final Acceptance after the One-Year Warranty (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Recommendation: Adopt a resolution granting acceptance of ARPA Park Rehabilitation Phase 1, Project No. 3500, authorizing the Public Works Director to file a Notice of Completion, and authorizing
May 21, 2024 Milpitas City Council Agenda Page 4
the Public Works Director to issue a Notice of Final Acceptance after the one-year warranty.
C11. Receive Final Update on Storm Drain System Emergency Repairs and Improvements at Evans Road and Piedmont Creek, Terminate the Emergency Declaration, and Adopt a Resolution Granting Acceptance of the Emergency Declaration - Storm Drain System Repairs and Improvements (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: (1) Receive an update on the emergency repairs and improvements at Evans Road and Piedmont Creek; (2) Approve the termination of the emergency declaration; and (3) Adopt a resolution granting acceptance of Storm Drain System Repairs and Improvements at Evans Road and Piedmont Creek, Project No. 24-044 and 24-045, and authorizing the Public Works Director to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty.
C12. Approve Agreements and Related Amendments with the County of Santa Clara for the Collection of AB939 Implementation Fees and Administration of the Countywide Household Hazardous Waste (HHW) Collection Program (Staff Contact: Christian Di Renzo, Public Works Director, 408- 586-2602; and Elaine Marshall, Deputy Public Works Director, 408-586-2603) Recommendation: Approve and authorize the City Manager to execute two agreements and related amendments with the County of Santa Clara for (1) Collection of AB939 Implementation Fees and (2) Administration of the Countywide Household Hazardous Waste (HHW) Collection Program for the term July 1, 2024 – June 30, 2027.
C13. Approve a Professional Service Agreement with Backflow Prevention Specialists, Inc. for the Backflow Hazard Assessment Survey (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Recommendation: Approve and authorize the City Manager to execute a Professional Service Agreement with Backflow Prevention Specialists, Inc. in the amount of $121,394.00 for the Backflow Hazard Assessment Survey.
C14. Consider Fee Waiver Requests from the Samuel Ayer High School Alumni Association, Rotary Club of Milpitas, and LEAD Filipino, and a Donation to the Sunnyhills Neighborhood Association (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: (1) Approve a fee waiver of $1,500.00 for the Samuel Ayer High School 24th Annual Reunion at Murphy Park on September 21, 2024; (2) Approve a fee waiver of $522.50 for the Rotary Club of Milpitas Fundraiser “A Rose for You” on May 19, 2024; (3) Approve a fee waiver of $93.00 for the LEAD Filipino Yoga event at Delano Manongs Park Filed on June 9, 2024; and (4) Approve a donation of $500.00 for the Sunnyhills Neighborhood Association Milpitas Juneteenth 2024 event at Sunnyhills Albert Augustine, Jr. Memorial Park on June 15, 2024.
C15. Approve the Community Heroes Program City Council Policy (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: Approve the Community Heroes City Council Policy.
PUBLIC HEARINGS (7:20 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
16. Approve the Conceptual Designs for South Milpitas Boulevard Road Extension, Project No. 2016, and Montague Pedestrian Overcrossing at Penitencia Creek, Project No. 2018; and Adopt a
May 21, 2024 Milpitas City Council Agenda Page 5
Resolution Adopting the Initial Study Mitigated Negative Declaration for South Milpitas Boulevard Road Extension, Project No. 2016 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Recommendation: (1) Approve the conceptual designs for the South Milpitas Boulevard Road Extension, Project No. 2016, and the Montague Pedestrian Overcrossing at Penitencia Creek, Project No. 2018; (2) Conduct a public hearing for the South Milpitas Boulevard Road Extension, Project No. 2016; (3) Adopt a resolution to adopt the Initial Study/Mitigated Negative Declaration for the South Milpitas Boulevard Road Extension, Project No. 2016; (4) Authorize the Public Works Director to file a Notice of Determination for South Milpitas Boulevard Road Extension, Project No. 2016, in accordance with CEQA Guidelines Section 15075. (5) Find that the Montague Pedestrian Overcrossing at Penitencia Project meets all the requirements for a Statutory Exemption under Public Resources Code section 21080.25 and is therefore, is statutorily exempt from environmental review under CEQA; and (6) Authorize the Public Works Director to file a Notice of Exemption for Montague Pedestrian Overcrossing, Project No. 2018 in accordance with CEQA guidelines section 15062.
17. Adopt a Resolution Approving the Fiscal Year 2024-25 User and Regulatory Fee Schedule (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) Recommendation: Conduct a public hearing and adopt a resolution approving the Fiscal Year 2024-25 User and Regulatory Fee Schedule.
COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE (8:30 PM)
18. Presentation from Bay Area Air Quality Management District Staff on the Results of the South Bay Odor Attribution Study (Staff Contact: Christian Di Renzo, 408-586-2602, Public Works Director; and Elaine Marshall, Deputy Public Works Director, 408-586-2603) Recommendation: Receive a presentation from Bay Area Air Quality Management District Staff on the Results of the South Bay Odor Attribution Study.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (9:00 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 (9:05 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
May 21, 2024 Milpitas City Council Agenda Page 6
viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)
APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.
Contact the City Clerk’s Office at 408-586-3001 for more information.
If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
Milpitas City Council Calendar
May 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 1:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
7:00 PM-Community Advisory
Commission (EC)
2 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
3 4
5 6
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
7 7:00 PM-City Council
8 7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
9 2:30 PM-Council Subcommittee
Meeting: Housing (CM/EC)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
5:30 PM-Cities Assoc of SCC
Legislative Action Committee (CM)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
10 11
12 13
4:30 PM-Economic Development and
Trade Commission (CM) [Community
Center, Room 7/8]
14 4:00 PM- Milpitas HOPE
5:30 PM-Special Council Meeting:
FY24-25 Budget Study Session
[Barbara Lee Senior Center, Room
140/141]
15 16
10:00 AM-VTA Congestion Mgmt
Prog & Planning (CMPP) (CM)
12:00 PM-VTA Board of Directors
Special Closed Session Meeting (CM)
3:00 PM-Cities Assoc of SCC
Recycling & Waste Reduction
Commission (CM)
6:30 PM-Bay Area Water Supply
Conserv Agency (CM) (Burlingame
Community Center, Sequoia Room)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(HL) [Fire Station #1, Main Street]
17 18
19 20
7:00 PM-Library and Education
Commission (EC) (Milpitas Public
Library)
7:00 PM-Science, Technology &
Innovation Commission (GB)
[Community Center, Room 7/8]
21 6:00 PM-Closed Session
7:00 PM-City Council
22 7:00 PM-Planning Commission
23 1:00 PM- SCC Emergency
Operational Area Council Meeting
(CM)
4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
24 11:00AM – 12:00PM-Eritrea
Independence Day Flag Raising
Ceremony (Cesar Chavez Plaza)
25 26 27
Memorial Day – City
Observed Holiday
City Hall Closed
28 29 30
4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
(GB) (Santa Clara)
31 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
June 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
Milpitas City Council Calendar
June 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
7:00 PM-Special Arts Commission
(EC) [Senior Center, Room 140/141]
4 6:00 PM-Closed Session
7:00 PM-City Council
5 1:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
5:30 PM-Veterans Commission (CM)
7:00 PM-Community Advisory
Commission (EC)
6 12:00 PM-SCC Library JPA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
7 8
9 10
4:30 PM-Economic Development and
Trade Commission (CM)
11 5:30 PM-Special City Council Meeting
12 7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
7:00 PM-Planning Commission
13 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
5:30 PM-CASCC Legislative Action
Committee (CM)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
14 15
16 17
7:00 PM-Science, Technology, and
Innovation Commission (GB)
18 6:00 PM-Closed Session
7:00 PM-City Council
19 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
20 3:00 PM-CASCC Appt: Recycling and
Waste Reduction Commission (CM)
5:30 PM-Measure F Oversight
Committee
21 22
23 24 25
1:30 PM-Senior Advisory Commission
(CM)
26 12:00 PM-Santa Clara Valley Water
District - Water Commission (CM)
5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (CM)
7:00 PM-Planning Commission
27 28 29
30 May 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
July 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
May 7, 2024 Milpitas City Council Minutes Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
MINUTES
TUESDAY, MAY 7, 2024
The City Council of the City of Milpitas convened on the regular City Council meeting day in a Meeting of the Milpitas City Council on May 7, 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 7:01 PM. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Vice Mayor Chua, Councilmember Lien, Councilmember Phan ABSENT: Councilmember Barbadillo
PLEDGE OF ALLEGIANCE
Mayor Montano led the pledge of allegiance.
INVOCATION
Vice Mayor Chua provided the invocation.
PRESENTATIONS
Mayor Montano presented proclamations in recognition of Affordable Housing and Building Safety Month, National Mental Health Awareness Month, Older Americans Month, and Distracted Driving Awareness Month.
PUBLIC FORUM
There were the following public speakers:
1. Stephen Balsbaugh
2. Rob Means
3. Vonny Jap
4. Reva Konduru
5. James Luo
6. Voltaire Montemayor
7. Member of the public
8. Loc Nguyen
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: Barbadillo). 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: Barbadillo).
READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Montano read the City Council Code of Conduct.
May 7, 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 Lien, Councilmember Phan NOES: None
ABSENT: Councilmember Barbadillo
CONSENT CALENDAR
City Manager Thomas acknowledged the MOU between the City and Milpitas Police Officer's Association (MPOA). MPOA President David Morris offered comments on the MOU.
There were no public speakers.
Councilmember Phan asked to pull Item C5 to be heard immediately after the Consent Calendar.
After discussion, motion: to approve the Consent Calendar, pulling Item C5 to be heard immediately following the Consent Calendar.
Motion/Second: Vice Mayor Chua/Mayor Montano
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Councilmember Barbadillo
1. Receive City Council Calendar of Meetings for May 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for May 2024.
2. Approve City Council City Council Meeting Minutes of April 16, 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved City Council Meeting minutes of April 16, 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.
6. Approve and Authorize the City Manager to Execute the Purchase Order with Code 3 Technology for Fire Mobile Computer Replacement (Staff Contact: Daniel Nam, Information Technology Director, 408-586-2712)
Approved and authorized the City Manager to execute the purchase order with Code 3 Technology for
May 7, 2024 Milpitas City Council Minutes Page 3
27 Getac ruggedized laptop computers for a total amount not-to-exceed $152,507.45.
7. Approve Amendments to the Subscription and Services Agreement with RideCo for Milpitas SMART (Staff Contact: Jay Lee, Planning Director, 408-586-3077) (1) Approved amendments to the subscription and services agreement with RideCo for Milpitas SMART; and (2) Authorized the City Manager to execute the amended agreement.
8. Adopt Resolutions Approving the Annual Engineer’s Report and Declaring Intention to Levy and Collect Assessments, and Provide Notice of Public Hearing for Landscaping and Lighting Maintenance Assessment District No. 95-1 - McCarthy Ranch (Staff Contact: Michael Silveira, City Engineer, 408-586-3303; and Roberto Alonzo, Public Works Division Manager - Engineering, 408-586-3316)
Adopted Resolution No. 9319 approving the Annual Engineer’s Report, adopted Resolution No. 9320 declaring its intention to levy and collect assessments, and provide notice of public hearing to be held on June 4, 2024, for Landscaping and Lighting Maintenance Assessment District No. 95-1 - McCarthy Ranch.
9. Adopt Resolutions Approving the Annual Engineer’s Report and Declaring Intention to Levy and Collect Assessments, and Provide Notice of Public Hearing for Landscaping and Lighting Maintenance Assessment District No. 98-1 - Sinclair Horizon (Staff Contact: Michael Silveira, City Engineer, 408-586-3303; and Roberto Alonzo, Public Works – Engineering Division Manager, 408-586-3316)
Adopted Resolution No. 9321 approving the Annual Engineer’s Report, adopted Resolution No. 9322 declaring its intention to levy and collect assessments, and provide notice of public hearing to be held on June 4, 2024, for Landscaping and Lighting Maintenance Assessment District No. 98-1 - Sinclair Horizon.
10. Adopt a Resolution Designating Street Resurfacing 2024-2025, Project No. 4300 to be Funded by California Senate Bill 1 - The Road Repair and Accountability Act of 2017 (Staff Contact: Michael Silveira, City Engineer, 408-586-3303; and Roberto Alonzo, Public Works Division Manager – Engineering, 408-586-3316)
Adopted Resolution No. 9323 designating Street Resurfacing 2024-2025, Project No. 4300 to be Funded by California Senate Bill 1 - The Road Repair and Accountability Act of 2017.
11. Authorize the City Manager to Accept the CalRecycle Grant and Approve Related Budget Amendment (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2603; and Elaine Marshall, Deputy Public Works Director, 408-586-2603)
Authorized the City Manager to accept grant funding from CalRecycle’s Senate Bill 1383 Local Assistance Grant and approved related budget amendment for revenues in the amount of $217,999.00 for the Solid Waste Fund (Fund 280) for FY 2024-25.
12. 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 Road and Piedmont Creek; and (2) Determined by a four-fifths vote that the condition continues to constitute an emergency.
13. Approve Design for Dixon Landing Public Art Project (Staff Contact: Renee Lorentzen,
May 7, 2024 Milpitas City Council Minutes Page 4
Recreation and Community Services Director, 408-586-3409; and Tegan McLane, Assistant Recreation and Community Services Director, 408-586-3212) Approved artist Lacey Bryant’s design for Dixon Landing Park public art mural.
ITEMS PULLED FROM CONSENT CALENDAR
5. Adopt a Resolution Approving a Memorandum of Understanding between the City of Milpitas and Milpitas Police Officers Association (MPOA) Covering the Period of January 1, 2024 through December 31, 2026 (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086) The City Council offered comments and thanks to the Police Department for their service.
There were the following public speakers:
1. Voltaire Montemayor
After discussion, motion: to adopt Resolution No. 9324 approving a Memorandum of Understanding between the City of Milpitas and Milpitas Police Officers Association (MPOA) covering the period of January 1, 2024 through December 31, 2026.
Motion/Second: Vice Mayor Chua/Councilmember Phan
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Councilmember Barbadillo
PUBLIC HEARINGS
14. Conduct a Public Hearing on an Appeal of the Planning Commission’s Decision to Deny Conditional Use Permit No. UP23-0013 to Allow for the Retail Sales of Tobacco Products at 1225 Jacklin Road (Staff Contact: Jay Lee, Planning Director, 408-586-3077) City Manager Thomas introduced the item. Associate Planner Baez presented the report. The appellant, Kareem Al Salahi, addressed the City Council.
Mayor Montano opened the public hearing.
There were the following public speakers:
1. Senkadir
2. Jagdev Singh Bariano
3. Rishi Behan
4. Nazleen Walji
5. Ihaara Walji
6. Charlotte Cardenas
7. Edelmira Ponce
8. Marina Lidtke
9. Venkat
10. James Luo
11. Kuljinder Kaur
12. Loc Nguyen
13. Khalil Barforoshi
14. Ron
15. Dr. Ashok
May 7, 2024 Milpitas City Council Minutes Page 5
16. Voltaire Montemayor
17. Member of the public
18. Barbara
19. Kayla Dixon
Mayor Montano closed the public hearing.
The Apellant presented closing remarks.
Councilmember Lien questioned the appellant and Police Chief Hernandez regarding compliance with the General Plan, Zoning Ordinance, and City Standards. Police Chief Hernandez confirmed no significant issues related to the smoke shop were reported.
Vice Mayor Chua raised several concerns regarding the smoke shop including health impacts, secondhand smoke, and the protection of children. Associate Planner Baez detailed the proximity of the shop to nearby schools and detailed the restrictions. Director Lee explained the city's smoke-free ordinance and highlighted the applicant's agreement to enforce a no-smoking policy on-site. Further discussion involved the police department recommendations including ensuring clear line-of-sight for officers, the installation of video security cameras, and the prohibition of the unregulated substance Kratom due to its potential health risks. Finally, issues regarding the shop's signage and its impact on community image were addressed, with the applicant showing willingness to change the business name and signage if required by the council.
Councilmember Phan expressed his initial uncertainty about the project. He posed questions to the applicant, acknowledging the importance of the business as a source of income. After acknowledging the respectful and fact-based arguments of supporters, he noted he could conditionally support upholding the appeal while highlighting that the conditional use permit could be revoked if conditions were not met.
Vice Mayor Chua asked if a condition could be included to have the City Council review the conditional use permit at six months and then a year after. City Attorney Mutalipassi confirmed that conditional use permits could be reviewed at any time, but it could be added as a condition of issuing the permit. He outlined the council's three options for action: uphold the appeal and issue the CUP as presented, deny the appeal and deny the CUP, or uphold the appeal with additional conditions.
Mayor Montano asked questions of the appellant and staff regarding the shop location, products sold, and number of smoke shops in the city. She expressed appreciation for the appellant's willingness to comply with suggested conditions, and spoke in support of Vice Mayor's suggestion adding the sixmonth and one year reviews of the CUP.
Vice Mayor Chua made a motion: to consider the project to be categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and as a separate and independent basis, CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and to adopt Resolution No. 9325 upholding the appeal and overturning the Planning Commission’s decision to deny Conditional Use Permit No. UP23-0013 to allow for the retail sales of tobacco products within an existing 870- square-foot tenant space of a 9,960-square-foot multi-tenant commercial building located on a 0.9-acre site located at 1225 Jacklin Road within the C1 Neighborhood Commercial Zoning District with additional conditions of approval including prohibiting smoking and on-site use of products, limiting business hours to 10 AM to 10 PM daily, and including review of the permit at 6 months and 1 year.
Vice Mayor Chua also suggested the City Manager look into a tobacco ordinance and to enhance the
May 7, 2024 Milpitas City Council Minutes Page 6
smoking ordinance to prohibit smoking in parking lots. She also advised the appellant to consider double doors for the establishment.
City Attorney Mutalipassi restated the motion.
Councilmember Phan seconded the motion.
Motion/Second: Vice Mayor Chua/Councilmember Phan
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Councilmember Barbadillo
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
City Manager Thomas introduced the new Finance Director, Luz Cofresi-Howe, announced the upcoming budget meeting, presented a video on the recent City Earth Day event, and offered an update on the status of pickleball.
Vice Mayor Chua made the following requests:
1. Look into establishing a tobacco ordinance for the city of Milpitas. There was consensus to add the item to the prioritization list (Vote: 4-0-1. Absent: Barbadillo).
2. Explore enhancing the smoking ordinance to include prohibitions in parking lots. Mayor Montano asked to also include parks in the prohibition. There was consensus to add the item to the prioritization list (Vote: 4-0-1.
Absent: Barbadillo).
3. Consider using banners to promote local businesses in Milpitas. There was consensus to add the item to the prioritization list (Vote: 4-0-1. Absent: Barbadillo).
Vice Mayor Chua also congratulated Public Information Officer Charmaine Angelo on receiving an award from the California Public Information Officer's Association.
Mayor Montano made the following requests:
1. Conduct a traffic study on Escuela Parkway to address circulation concerns. There was consensus to add the item to the prioritization list (Vote: 3-1-1. No: Phan. Absent: Barbadillo).
2. Investigate the feasibility of hosting night food truck events to revitalize Main Street. There was consensus to add the item to the prioritization list (Vote: 3-1-1. No: Phan. Absent: Barbadillo).
Mayor Montano also recognized the Milpitas High School Aerospace Club for placing fifth in a preliminary national competition.
ADJOURNMENT
The meeting was adjourned at 9:36 PM.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 5/16/2024
June 4, 2024 – Regular Meeting
CLOSED SESSION
• Labor Relations
INVOCATION (Councilmember Lien)
PRESENTATION
CONSENT CALENDAR
1. Receive City Council calendar for June 2024 (City Clerk)
2. Approve City Council Meeting minutes of May 14 and 21, 2024 (City Clerk)
3. Preview list of items for June 18, 2024 (City Clerk)
4. Councilmember Request List (City Clerk)
5. Resolution Calling the Election (City Clerk)
6. VTA BPAC Appointment (City Manager)
7. FY2023-24 3rd Quarter Financial Status Report for the Quarter Ended March 31, 2024 (Finance)
8. Approve Accounts Receivable Write-offs for Fiscal Year Ending June 30, 2024 (Finance)
9. PRV Relocation Contract Award for Fire Station No. 1 (Public Works)
10. 1490 S. Park Victoria Drive Improvement Agreement (Public Works / Engineering)
11. Sunnyhills Turnout Valve Purchase (Public Works / Engineering)
PUBLIC HEARINGS
12. Adoption of FY 2024-25 Operating Budget (Finance)
13. 675 Trade Zone Community Facilities District Annexation (Public Works / Engineering)
14. LLMD District No. 95-1 (McCarthy Ranch) for Fiscal Year 2024-25 (Public Works / Engineering)
15. LLMD District No. 98-1 (Sinclair Horizon) for Fiscal Year 2024-25 (Public Works / Engineering)
16. Adoption of Phase 1 Comprehensive Zoning Update (Planning)
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
OPEN ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Investigate the feasibility of hosting night food truck events to revitalize Main Street Montano 5/7/2024
This item will be considered as part of the
next City Council prioritization discussion
2 Conduct a traffic study on Escuela Parkway to
address circulation concerns Montano 5/7/2024
This item will be considered as part of the
next City Council prioritization discussion
3 Consider using banners to promote local
businesses in Milpitas Chua 5/7/2024
This item will be considered as part of the
next City Council prioritization discussion
4 Explore enhancing the smoking ordinance to
include prohibitions in parking lots Chua 5/7/2024
This item will be considered as part of the
next City Council prioritization discussion
5 Look into establishing a tobacco ordinance for the
city of Milpitas Chua 5/7/2024
This item will be considered as part of the
next City Council prioritization discussion
6 Explore the possibility of augmenting the Planning
Commission stipend Barbadillo 4/16/2024
This item will be considered as part of the
next City Council prioritization discussion
7 Revisit the solicitation ordinance for potential
improvements and reintroduction Barbadillo 4/16/2024
This item will be considered as part of the
next City Council prioritization discussion
8 Explore changing or enhancing the focus of the
community advisory commission to add housing Chua 4/2/2024 This item will be considered as part of the
next City Council prioritization discussion
9 Honor military residents by selecting several at one
given month during the year for recognition with
banners displayed on Main Street Chua 3/19/2024
This item will be considered as part of the
next City Council prioritization discussion
10 Explore options for revisions to ADU ordinance Chua 3/5/2024 This item will be considered as part of the
next City Council prioritization discussion
11 Explore an Arts Month Event where commissioners
can exhibit their Art Chua 3/5/2024
This item will be considered as part of the
next City Council prioritization discussion
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
12 Request that the Arts Commission explore
alternatives for future of statue in front of City Hall Phan 1/30/2024 An update was included in the February 20th
Council prioritization reprt.
13 Update the Commissioner Handbook to include an
option for outgoing commissioners to make
presentations to other commissions Chua 1/23/2024
An update was included in the February 20th
Council prioritization reprt.
14 Workshop for retailers focusing on best practices
and safety with plans for quarterly sessions Chua 1/23/2024 An update was included in the February 20th
Council prioritization reprt.
15 Explore possibility of naming the County library on
Main Street Phan 1/23/2024
An update was included in the February 20th
Council prioritization reprt.
16 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
This item was approved to move forward as
part of the February 20th Council
prioritization
17 Bring back Bingo and the Tour at the Senior
Center Chua 11/7/2023
An update was included in the February 20th
Council prioritization reprt.
18 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
An update was included in the February 20th
Council prioritization reprt.
19 Consider a possible ordinance or policy regarding
solicitations at home Barbadillo 10/3/2023
An update was included in the February 20th
Council prioritization reprt.
NOTE: Deferred and Completed Items are not listed
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
20 Main Street International Festival Lien 10/3/2023
An update was included in the February 20th
Council prioritization reprt.
21 Have the Police Chief direct staff to complete an
analysis in partnership with the County to
determine if it would be beneficial to have a
location where residents can pickup Narcan
Chua 9/5/2023
An update was included in the February 20th
Council prioritization reprt.
22 Explore taking steps towards becoming a Charter
City Phan 9/5/2023
An update was included in the February 20th
Council prioritization reprt.
23 Human Resources Director to conduct a job fair
specific to the job openings at City Hall Chua 5/2/2023 An update was included in the February 20th
Council prioritization reprt.
24 Pickleball Pilot Project Chua 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
25 Main Street Infrastructure Projects Montano 2/28/2023 An update was included in the February 20th
Council prioritization reprt.
26 Main Street Flooding at Library Chua 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
27 Satellite Consulate Office Montano 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
28 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update was included in the February 20th
Council prioritization reprt.
29 City Manager to look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center
Chua 9/20/2022
An update was included in the February 20th
Council prioritization reprt.
30 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and
Adobe Montano 8/16/2022
An update was included in the February 20th
Council prioritization reprt.
31 City Manager look into implementing a workshop
for small businesses on the bidding process for
projects in the city Chua 8/9/2022
An update was included in the February 20th
Council prioritization reprt.
32 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update was included in the February 20th
Council prioritization reprt.
33 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
An update was included in the February 20th
Council prioritization reprt.
34 Evaluate reopening the childcare center with a nonprofit organization running the center Montano 2/1/2022An update was included in the February 20th Council prioritization reprt.
35 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
An update was included in the February 20th
Council prioritization reprt.
36 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
An update was included in the February 20th
Council prioritization reprt.
37 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
An update was included in the February 20th
Council prioritization reprt.
38 Consider Community Museum and Park on Main
St. Phan 8/20/2019
Discussions with the property owner of this
site are ongoing.
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
NOTE: Deferred and Completed Items are not listed
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize the Reallocation of Money Appropriated in the FY23/24 Budget from the Legacy Special Council Provider to the Current Special Council Provider and Approve and Authorize the City Attorney and City Manager to Execute an Amendment to the Contract with Meyers Nave for Contracted Outside Counsel (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) Category: Consent Calendar-Leadership and Support Services Meeting Date: 5/21/2024
Recommendation: (1) Authorize the reallocation of money appropriated in the FY-23/24 budget from the legacy special council provider to the current special council provider and approve; (2) Approve an amendment to the contract with Meyers Nave for contracted outside counsel in the amount of $90,000; and (3) Authorize the City Attorney and City Manager to execute the amended agreement.
BACKGROUND:
One of the tasks given by the City Council to the Office of the City Attorney (“CAO”) has been to transition outside counsel and special project work from the previous legacy firm to new firms. The CAO has worked towards this goal by bringing several functions in house, including gun violence litigation, public records act support, and land use. During the budgeting process, the CAO had anticipated a slower transition from the previous firm to the currently used firms, Meyers Nave; Colantuono Highsmith Whatley; and Mandell Municipal Counseling. The faster than anticipated transition requires a realignment of some of the outside counsel contracts, though does not require the appropriation of any new funds.
ANALYSIS:
The CAO is currently contracted with Meyers Nave for $150,000 for outside counsel and special counsel services. Meyers Nave has provided services including arbitration before the California Public Relations Board (“PERB”), grievances from labor unions, an extensive human resources investigation, special public records act projects, and ongoing litigation. Much of this work had previously been done by the former outside counsel.
As a result of the successful transition, this work is now being done by Meyers Nave. The Meyers Nave contract will need to be amended to reflect this change, though no new money will need to be appropriated.
POLICY ALTERNATIVE(S):
Alternative: To not amend the Meyers Nave contract for increased services.
Pros: None.
Cons: Will not meet Council’s transition goals.
Reason not recommended: Will not meet the Council’s transition goals.
FISCAL IMPACT:
There is sufficient funding in FY 2023-24 City Attorney Office operating budget to absorb this amended contract in the amount of $90,000.
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:
(1) (1) Authorize the reallocation of money appropriated in the FY-23/24 budget from the legacy special council provider to the current special council provider and approve; (2) (2) Approve an amendment to the contract with Meyers Nave for contracted outside counsel in the amount of $90,000; and
(3) Authorize the City Attorney and City Manager to execute the amended agreement.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Confirm Chamber of Commerce Appointment to the Economic Development and Trade Commission (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3004) Category: Consent Calendar-Leadership and Support Services Meeting Date: 5/7/2024
Recommendation Receive the Chamber of Commerce recommendation for appointment to the Economic Development and Trade Commission and confirm appointment.
Background:
The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members 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.
Certain commission seats have specific requirements to be filled including recommendation for appointment by outside organizations. One seat on the Economic Development and Trade Commission is designated as a Chamber of Commerce representative seat. The Milpitas Chamber of Commerce appoints a representative and that appointment is confirmed by the Milpitas City Council.
Analysis:
Appointments are as follows:
Economic Development and Trade Commission:
1. Confirm appointment of Larry Ciardella to the Chamber of Commerce representative seat with a term ending April 2027
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 the Chamber of Commerce recommendation for appointment to the Economic Development and Trade Commission and confirm appointment.
Attachments:
(a) Chamber of Commerce Appointment Email
1 Suzanne Guzzetta
From: [email protected]
Subject: FW: Monthly City & Chamber Meeting
From: Jennifer Cullenbine
Sent: Tuesday, April 2, 2024 1:30 PM
To: Michael Thomas <[email protected]>
Cc: Kelly Yip Chuan Milpitas Chamber
Alex Andrade <[email protected]>; Margaret Tamisiea <[email protected]> Subject: Re: Monthly City & Chamber Meeting
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.
Hi Michael,
So sorry we haven't gotten back to you about rescheduling the meeting. Unfortunately, I don't have any openings to offer (April is the Tree's month for Budgeting and Finance meetings.) Question for you... the Chamber has chosen Larry Ciardello to represent us on the EDTC Commission, what is the next step?
Thank you.
Yours in kindness,
Jenn
Jennifer (Cullenbine) Pietrasik,
Founder, CEO & Queen Elf
The Family Giving Tree
www.familygivingtree.org
Sobrato Center for Nonprofits
606 Valley Way, Milpitas, CA 95035
Pronouns: she/her/hers ALLY
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Summary of 2024 Earmark Requests (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 5/21/2024
Recommendation: Accept the report outlining the City of Milpitas 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 has 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 a variety of sources including the 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 adopted 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 (“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 on which the City took a position is included in the analysis section of this report.
On January 12, 2024, in alignment with City Council policy, Mayor Carmen Montano conveyed 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.
The February 20, 2024 City Council meeting included a status of pending earmark requests provided to State and Federal representatives, as well as a summary of the final results of bills on which the City of Milpitas took a position during the 2023 legislative season.
ANALYSIS:
This report provides an update on earmark requests submitted to the City of Milpitas Federal and State representatives for potential funding in the upcoming State and Federal budget process.
Most years, earmark funding is available at the State and Federal levels. In the 2023 legislative session, the City received $5.5 million in earmark funding as follows:
1. Milpitas SMART Program ($1.6 million from State of California)
2. Main Street Infrastructure ($500,000 from the Federal Government).
The below table provides information on which project earmark requests were submitted to each representative. Different projects were submitted to each representative based on a combination of feedback from the offices of the representatives, the City’s legislative consultant and City staff review and analysis.
Project Name
United
States
Senator
Laphonza
Butler
United
States
Senator Alex
Padilla
United States
Representative
Ro Khanna
State
Senator
Aisha
Wahab
State
Senator Alex
Lee*
Milpitas Sports Center
Bleachers Replacement
Fire Department Urban Search
& Rescue Vehicle
Milpitas Community Center
Resiliency Project
Milpitas Main Street
Revitalization
Sandalwood Park
Rehabilitation
Calaveras Road Widening
Cardoza Park Softball Fields
*It should be noted State Senator Alex Lee’s Office did not have a formal process for funding requests. However, a letter dated January 12, 2024 was sent to Assemblymember Alex Lee’s office which listed all the above projects. As a follow up to this letter, staff indicated to State Senator Lee’s office that Main Street Revitalization is the top priority for the City amongst the above projects.
Staff has received preliminary feedback from State representatives that State earmarks likely will not be available this year due to the budget shortfall. Additionally, it may be several months until any updates are provided on the status of these earmark requests. However, staff will continue to check on the status of these requests on a regular basis and will keep the Mayor and City Council informed of any updates.
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:
Accept the report outlining the City of Milpitas’ 2024 State and Federal Earmark Requests.
ATTACHMENT(S):
(a) Legislative Advocacy Policy and Legislative Guiding Principles
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.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Accepting Public Improvements and Approving a Bond Reduction for the RCD Housing Project Located at 355 Sango Court (Staff Contact: Michael Silveira, City Engineer, 408-586-3303; and Roberto Alonzo, PW Division Manager – Engineering, 408-586-3316)
Category: Consent Calendar-Community Development
Meeting Date: 5/21/2024
Recommendation: Adopt a resolution granting acceptance of the completed public improvements for the RCD Housing Project as shown on Public Improvement Plans No. 2-1386; and approve a reduction in the faithful performance bond to $396,275.75, which is 25% of the security’s original value for the public improvements construction cost, which will be in effect for the duration of the warranty period; and grant authorization to the City Engineer to release the remaining portion of the performance bond after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the City Engineer.
BACKGROUND:
On February 1, 2022, the City Council approved an Improvement Agreement with Sango Court, L.P. (“Developer”) for the RCD Housing Project located at 355 Sango Court (“Project”) within the Metro Specific Plan area. Public improvements constructed along Sango Court by the Project includes roadway, curb and gutters, sidewalk, driveway aprons, storm water treatment facilities, 8-inch recycled water main, utility service laterals, streetlights, landscaping, and other miscellaneous items of work. The Project has now been completed.
ANALYSIS:
The Developer has successfully completed all required public improvements for the Project in accordance with the approved Public Improvement Plans No. 2-1386. The public improvements are now ready for acceptance by the City Council and commencement of the 1-year warranty period is to start. Staff recommends the City Council adopt a resolution granting acceptance of the public improvements, and to approve a reduction of the performance bond to $396,275.75, which is 25% of the security’s original value, and grant authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the City Engineer.
POLICY ALTERNATIVE(S):
Alternative: Not approve resolution granting acceptance of public improvements including the reduction of the performance bond.
Pros: None
Cons: Not granting acceptance of public improvements would limit public use of improvements and does not promote orderly completion and closeout of the Project and would conflict with the City’s obligation under the Project Improvement Agreement.
Reason for Not Recommending: Granting acceptance of the completed public improvements would allow public use of the improvements and allows for the completion and closeout of the Project as required by the Project Improvement Agreement. Staff recommends the City Council adopt the resolution granting acceptance of public improvements.
FISCAL IMPACT:
Public Improvements completed as part of this project will be perpetually owned and maintained by the City following acceptance by the City Council and completion of the 1-year warranty period. The Public Works Department will be responsible for maintenance of the improvements. Any required additional funding for ongoing maintenance will be requested through future budget appropriations as the Council adopts the annual operating budget.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
Granting acceptance of public improvements and reducing faithful performance bond for public improvements are not considered projects under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment. Further, at the time the City Council approved the entitlements for the project through an initial environmental assessment, staff determined that an Addendum to the Transit Area Specific Plan (SCH# 2006032091) pursuant to Section 15164 of the CEQA Guidelines was the appropriate CEQA document given the changes to the General Plan, Specific Plan and Zoning Code. The Addendum demonstrated that there were no substantial changes in the environment because the project would reduce the overall development intensity. On May 23, 2018, the Planning Commission recommended to City Council to approve the Addendum to the EIR prepared for the TASP. On June 12, 2018, the City Council adopted a Resolution Adopting the Addendum to the previously certified Transit Area Specific Plan Environmental Impact Report prepared for the project.
RECOMMENDATION:
Adopt a resolution granting acceptance of the completed public improvements for the RCD Housing Project as shown on Public Improvement Plans No. 2-1386; and approve a reduction in the faithful performance bond to $396,275.75, which is 25% of the security’s original value for the public improvements construction cost which will be in effect for the duration of the warranty period and grant authorization to the City Engineer to release the remaining portion of the performance bond after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the City Engineer.
ATTACHMENT(S):
(a) Resolution
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING ACCEPTANCE AND
REDUCING PERFORMANCE BOND OF RCD HOUSING PROJECT AND GRANTING AUTHORIZATION
TO THE CITY ENGINEER TO RELEASE THE PERFORMANCE BOND AFTER THE ONE-YEAR
WARRANTY PERIOD
WHEREAS, the City Council of the City of Milpitas on February 1, 2022 approved the plans and specifications for the RCD Housing Project (“Project”) to be completed by Sango Court, L.P. as part of its residential development on 355 Sango Court; and
WHEREAS, the City of Milpitas has heretofore entered into an improvement agreement on February 1, 2022 with Sango Court, L.P., for the RCD Housing Project; and
WHEREAS, Sango Court, L.P., as Principal, and Philadelphia Indemnity Insurance Company, as Surety, executed and posted a certain Performance Bond Number PB00499800550 conditioned upon the faithful performance of the provisions of said improvement agreement and upon the faithful performance of all improvement work required thereunder; and
WHEREAS, said public improvements for the RCD Housing Project have been completed and the improvement agreement provides that the security shall extend for a period of one year after the date of acceptance of said improvements to cover the warranty period of said improvements under said agreement; and WHEREAS, the City Council is willing to consent to a reduction in the penal sum of said security during said oneyear warranty period; and WHEREAS, the City Engineer of the City of Milpitas has made a final inspection of said improvements for the RCD Housing Project and recommends that the City Council of the City of Milpitas accept the same as constructed in accordance with the approved plans and specifications.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. Those certain public improvements constructed as part of the RCD Housing Project, are hereby accepted as constructed in accordance with the approved plans and specifications upon recommendation of the City Engineer of the City of Milpitas.
3. The penal sum of the faithful performance bond securing said improvements may be reduced to the sum of $396,275.75, upon request of Principal and Surety, with said penal sum as reduced to apply from the date of completion and acceptance of said improvements and to extend for the balance of the term of one year of said security. Provided, however, that nothing herein contained shall in any way be deemed to be a waiver, release or relinquish by City of any obligations imposed upon the developer or his surety, or sureties, by law or by the above referend public improvement agreement, save and except as expressly set forth herein.
4. The City Council grants authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the City Engineer.
PASSED AND ADOPTED this _____ day of _________________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
____________________________ ___________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
____________________________
Michael Mutalipassi, City Attorney
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive and Approve the Calendar Year 2023 Controlled Equipment Annual Report (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406) Category: Consent Calendar-Public Safety
Meeting Date: 5/21/2024
Recommendation: Receive and approve the Calendar Year 2023 Controlled Equipment Annual Report.
BACKGROUND:
On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481, requiring California law enforcement agencies to obtain approval of a Military Equipment Use Policy from their applicable governing body (City Council) before taking actions related to the funding, acquisition, or use of controlled equipment. Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of controlled equipment (“Military Equipment”) within its jurisdiction if the equipment meets specified standards.
The Controlled Equipment Use Policy and an Annual Controlled Equipment Use Report are subject to annual review to affirm the criteria outlined in Assembly Bill 481 have been met. In addition, Assembly Bill 481 requires the publication of the Controlled Equipment Use Policy (“Policy”) and a Controlled Equipment Use report on the Milpitas Police Department website annually and at least thirty (30) days before a mandated publicly available meeting.
California Government Code section 7072 requires an annual report within a year of the Policy approval and annually after that for as long as the controlled equipment is in use. The annual report must contain the following information: (1) a summary of how the equipment was used and the purpose of its use; (2) a summary of any complaints or concerns from members of the public about the equipment; (3) the results of an internal audit, including any information about violations of the equipment use policy and any actions taken in response; (4) the total annual cost for each type of equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing expenses, and from what source funds will be provided for the controlled equipment in the calendar year following submission of the annual report; (5) the quantity possessed for each type of controlled equipment; and (6) if the law enforcement agency intends to acquire additional controlled equipment in the next year, and the quantity sought for each type of qualifying equipment.
ANALYSIS:
The Milpitas Police Department is committed to protecting lives and property by working with the Milpitas community and providing professional and responsive police services. To accomplish its mission effectively and safely, the Milpitas Police Department possesses and utilizes specific specialized equipment (controlled equipment) to safeguard the Milpitas community and protect the City’s first responders. While the City’s inventory of controlled equipment varies, the mere possession of this equipment does not warrant its use. The merits and the totality of the circumstances of each unique incident are considered before controlled equipment is utilized in compliance with department policy and law.
The term “military equipment,” as used in Assembly Bill 481, does not necessarily indicate the equipment is or has been used by the military. Many items defined as “military equipment” by the bill are often used by law enforcement to preserve life and enhance public and officer safety, while remaining prepared to handle the various lethal and non-lethal challenges facing our communities. The Milpitas Police Department use of controlled equipment is consistent with overall best practices employed by police departments nationwide.
Items used by the Milpitas Polce Department that are considered controlled equipment under Assembly Bill 481 include, but are not limited to, emergency response equipment such as command vehicles and
armored rescue vehicles, less-lethal shotguns, less-lethal 40mm projectile launchers, precision weapons such as rifles, unmanned aircraft systems, and other select items.
The 2023 Annual Controlled Equipment Use Report contains a summary of the equipment usage guidelines, inventory, fiscal impact, complaints, and reported community concerns for calendar year 2023 (January 1, 2023, through December 31, 2023). Although controlled equipment was deployed during the year, it was rarely utilized. The Milpitas Police Department received no complaints from the community about its controlled equipment or policies related to its use. Furthermore, an internal audit of the controlled equipment revealed no Policy violations for the storage or use of controlled equipment. The impact of controlled equipment related expenses on the operating budget was negligible; the total annual costs related to controlled equipment for 2023 were approximately $88,726.81 or 0.23% of the overall Police Department operating budget.
The draft 2023 Annual Controlled Equipment Use Report was presented at the Public Safety & Emergency Preparedness Commission public meeting on March 21, 2024 by the Police Department liaison. The commission members did not respond with any questions/concerns related to the 2023 Annual Controlled Equipment Use Report nor the Controlled Equipment Use Policy. No members of the public commented on the item.
To continue providing adequate police services and maximize the department’s ability to keeping the community and officers safe, the Milpitas Police Department will procure the following controlled equipment, previously approved by Council, for calendar year 2024:
• One (1) additional DJI Matrice 30 Series UAS;
• Four (4) DJI Avata UASs; and
• Four (4) Pepperball VKS Pro Launchers and less-lethal live rounds and training rounds associated with the VKS platform.
The continued access to and use of this equipment is vital in ensuring our officers have the appropriate tools to de-escalate situations, preserve life, ensure safety for all people in Milpitas, and protect civil liberties.
POLICY ALTERNATIVE(S):
Alternative 1: Do not accept and approve the 2023 Annual Controlled Equipment Use Report.
Pros: There are no identified benefits to this alternative.
Cons: The City would not be in compliance with California State Law Assembly Bill 481.
Reason for Not Recommending: The Milpitas Police Department use of controlled equipment is consistent with overall best practices employed by police departments nationwide and in line with department policy. Not accepting the report would not comply with annual reporting requirements of AB481.
FISCAL IMPACT:
There is no additional fiscal impact associated with accepting and approving the 2023 Annual Controlled Equipment Use Report.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is not a project pursuant to Cal. Code of Regs., tit 14, § 15378.
RECOMMENDATION:
1. Receive and Approve the Calendar Year 2023 Controlled Equipment Annual Report.
ATTACHMENT(S):
(a) 2023 Controlled Equipment Annual Report
(b) Public Safety and Emergency Preparedness Commission meeting minutes, March 21, 2024
0 Annual Report on Controlled Equipment Use 2023
Milpitas Police Department
Controlled Equipment Annual Report
January 1, 2023, to December 31, 2023
Chief Jared Hernandez 1275 North Milpitas Boulevard, Milpitas, CA 95035 www.milpitas.gov
1 Annual Report on Controlled Equipment Use 2023
Table of Contents
Executive Summary ........................................................................................................ 2 Introduction ..................................................................................................................... 4 Summary of Controlled Equipment Usages .................................................................... 5 Current Inventory of Controlled Equipment ..................................................................... 6 Controlled Equipment Categories ................................................................................... 7 Unmanned Aerial Systems (UAS)................................................................................ 8 Robots ....................................................................................................................... 12 Armored Vehicle ........................................................................................................ 14 Mobile Incident Command Vehicle ............................................................................ 16 40 MM Less-Lethal Launchers and Munitions ........................................................... 18 Less-Lethal Shotgun and Munitions........................................................................... 24 Diversionary Devices ................................................................................................. 26 Rifles and Munitions .................................................................................................. 29 Chemical Agents and Smoke Canisters .................................................................... 39 Breaching Tools......................................................................................................... 44 Training Summary......................................................................................................... 49 Training Costs ............................................................................................................... 49 Equipment Costs........................................................................................................... 50 Fiscal Impact ................................................................................................................. 51 Projected Acquisitions for 2024..................................................................................... 52 Consumable Controlled Equipment ........................................................................... 52 Non-Consumable Controlled Equipment ................................................................... 53 Department Transparency............................................................................................. 55 Controlled Equipment Coordinator Report .................................................................... 56 Conclusion .................................................................................................................... 57 Appendix ....................................................................................................................... 58 Definitions.................................................................................................................. 58 Policy - Controlled Equipment (Military Equipment)................................................... 59
2 Annual Report on Controlled Equipment Use 2023
Executive Summary
On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481 requiring California law enforcement agencies to obtain approval of a Military Equipment Use Policy by their applicable governing body (City Council) prior to taking certain actions related to the funding, acquisition, or use of controlled equipment.
Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of controlled equipment (“Military Equipment”) within its jurisdiction if the equipment meets specified standards. The Controlled Equipment Use Policy and an Annual Controlled Equipment Use Report is subject to annual review to affirm the criteria outlined in Assembly Bill 481 have been met.
Assembly Bill 481 requires the publication of the Controlled Equipment Use Policy and a Controlled Equipment Use Report on the Department’s website annually and at least thirty (30) days prior to a mandated publicly available meeting.
California Government Code section 7072 requires an annual report within a year of the policy approval and annually after that for as long as the controlled equipment is in use.
The annual report must contain the following information:
(1) A summary of how the equipment was used and the purpose of its use. (2) A summary of any complaints or concerns from members of the public about the equipment.
(3) The results of an internal audit, including any information about violations of the equipment use policy, and any actions taken in response. (4) The total annual cost for each type of equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing expenses; and from what source funds will be provided for the controlled equipment in the calendar year following submission of the annual report. (5) The quantity possessed for each type of controlled equipment. (6) If the law enforcement agency intends to acquire additional controlled equipment in the next year, and the quantity sought for each type of qualifying equipment.
3 Annual Report on Controlled Equipment Use 2023
The Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the annual report, the law enforcement agency’s funding, acquisition, and/or the use of the controlled equipment.
The Milpitas Police Department recognizes the public’s ongoing interest in how controlled equipment is used to protect our community and is committed to maintaining our community’s trust in providing professional and responsive police services. As such, the Milpitas Police Department has authored the following comprehensive Annual Controlled Equipment Use Report to remain transparent with our community and in accordance with annual reporting requirements set forth by applicable California Law.
4 Annual Report on Controlled Equipment Use 2023
Introduction
The Milpitas Police Department is committed to the protection of lives and property by working with our community and providing professional and responsive police services.
To accomplish our mission effectively and safely, the Milpitas Police Department possesses and utilizes certain specialized equipment (controlled equipment) to safeguard the citizens of Milpitas and protect our first responders. While our inventory of controlled equipment varies, the mere possession of this equipment does not warrant its use. The merits and a totality of the circumstances of each unique incident are considered before controlled equipment is utilized in compliance with department policy and law.
The term “military equipment,” as used in Assembly Bill 481, does not necessarily indicate the equipment is, or has been used, by the military. Many items defined as “military equipment” by the bill are more often used by law enforcement to preserve life and enhance public and officer safety while remaining prepared to handle the various lethal and non-lethal challenges facing our communities. The Milpitas Police Department’s use of controlled equipment is consistent with overall best practices employed by police departments throughout the country.
Items used by the Milpitas Police Department that are considered controlled equipment under Assembly Bill 481 include, but are not limited to, emergency response equipment such as command vehicles and armored rescue vehicles, less lethal shotguns, less-lethal 40mm projectile launchers, precision weapons such as rifles, unmanned aircraft systems, and other select items. The continued access to, and use of, this equipment is vital in ensuring our officers have the appropriate tools necessary to de-escalate situations, preserve life, ensure safety for all people, and protect civil liberties.
This Annual Controlled Equipment Use Report outlines a summary of the equipment usage guidelines, inventory, fiscal impact, complaints, and reported community concerns for calendar year 2023 (January 1, 2023, through December 31, 2023).
5 Annual Report on Controlled Equipment Use 2023
Summary of Controlled Equipment Usages
The Milpitas Police Department provides law enforcement services twenty-four hours a day, seven days a week, serving a city population of over 80,000. The daytime population of Milpitas increases to over 130,000 people. The Department is committed to deescalating situations, and using force is reserved for instances where less intrusive options are not feasible. In 2023, the Milpitas Police Department responded to approximately 68,422 calls for service. Of those calls for service, officers used force on only 9 occasions, representing 0.013% of the total calls for service. Officers used controlled equipment in 4 cases involving the use of force, specifically less-lethal shotgun/bean bag rounds.
Police events and critical incidents are unpredictable and often very dynamic. The availability and use of specific equipment are necessary for incident commanders, officers, and specialized units to resolve incidents safely and effectively. It is incumbent upon incident commanders, supervisors, individual officers, and specialized teams to recognize the circumstances wherein specialized equipment should be deployed and to utilize the equipment within the confines of department policy and state law. Each use of controlled equipment is reviewed to ensure it was used properly and justly based on the totality of the circumstances, public safety, officer safety, civil rights, state law, and information available at the time of use.
6 Annual Report on Controlled Equipment Use 2023
Current Inventory of Controlled Equipment
The Milpitas Police Department is committed to remaining transparent about the Department’s controlled equipment inventory and the sharing of the equipment’s capabilities, uses, and other related information with our community and elected officials.
The data provided in this report is accurate as of January 2024, however, inventory may have fluctuated by the time of this report’s publication.
The inventory of controlled equipment, particularly consumable material (ammunition, diversionary devices, munitions, etc.) may fluctuate due to a variety of factors including but not limited to operational usage, operational deterioration, training, maintenance, expiration and replenishment guidelines.
The following is a list of the various types, descriptions, and guidelines for usage of controlled equipment currently employed by the Department:
(*NOTE: The descriptions and source photos contained in this report are for controlled equipment descriptive purposes only and are not an endorsement by the City of Milpitas or the Milpitas Police Department of a product or vendor.)
7 Annual Report on Controlled Equipment Use 2023
Controlled Equipment Categories
Assembly Bill 481 created Government Code 7070 which designated 15 categories of items deemed “military” or more accurately defined as controlled equipment:
* Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles * Category 2: Mine-resistant ambush-protected vehicles or armored personnel carriers
* Category 3: High mobility multipurpose wheeled vehicles (HMMWV), two-andone-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached
Category 4: Tracked armored vehicles that provide ballistic protection to their occupants
* Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units Category 6: Weaponized aircraft, vessels, or vehicles of any kind * Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature
Category 8: Firearms of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition
Category 9 Ammunition of .50 caliber or greater, excluding standard-issue shotgun ammunition
* Category 10: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns
* Category 11: Any firearm or firearm accessory that is designed to launch explosive projectiles
* Category 12: Noise-flash diversionary devices and explosive breaching tools, munitions containing tear gas and pepper balls, excluding standard, service issued handheld pepper spray.
Category 13: TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices
* Category 14: Kinetic energy weapons and munitions
Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight
* Indicates a category of controlled equipment previously approved by the governing body and utilized by the Milpitas Police Department.
8 Annual Report on Controlled Equipment Use 2023
Unmanned Aerial Systems (UAS) (Category 1)
An unmanned aerial system of any type that can sustain direct flight, whether remotely controlled or via pre-programing, and all the attached systems are designed for gathering information via photography, recording, or any other means.
Capability: The Milpitas Police Department uses UAS of varying sizes and capabilities to enhance public safety. The UAS can be deployed when an overhead view would assist officers or incident commanders with planning and responding to a situation. Types of situations include but are not limited to, infrastructure damage assessments, major traffic collision investigations, search for missing persons, natural disaster management, crime scene photography, SWAT, tactical or other public safety and life-preservation missions, and/or in response to specific requests from local, State, or Federal fire authorities for fire response and/or prevention. All UAS used by the Department is used in compliance with all federal, state, and local laws.
Usage: Use is established under Milpitas Policy Manual Section 456 and FAA Regulation 14 CFR Part 107. It is the policy of the Milpitas Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. UAS usages include collection of evidence in the form of aerial photography/video in support of an investigation (i.e., shooting scenes, homicide scenes); support of SWAT and Patrol during high-risk, tactical, or other public safety life preservation missions (i.e., interior visual assessments of structures or outdoor areas to gain intelligence prior to officers entering a dwelling or contacting a potentially armed or a resistive subject that may be hiding); to conduct aerial searches for missing persons; and provide aerial observation to assist in managing natural disasters (i.e., fires, floods, storms) or in any other manner to preserve life and enhance public safety.
Training Requirements: All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. Although not required by POST or the FAA, officers attend a 20-hour internal training course. Course topics include nomenclature, proper and safe flying techniques, privacy concerns, laws, and review of the Department’s UAS policy.
9 Annual Report on Controlled Equipment Use 2023
The Department currently utilizes the following UAS:
DJI Mavic Mini
Manufacturer: DJI
Manufacturer Description: Miniature UAS that weighs approximately 249 grams and can record video and audio with approximately 30 minutes of flight time. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator.
DJI Mavic Enterprise Duals
Manufacturer: DJI
Manufacturer Description: UAS that has a color and inferred camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approx. 30 minutes of flight time. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator.
Cost $500 each
Quantity 2
Lifespan 3-5 Years
Funding Source Grant Funding
Cost $3,500 each
Quantity 4
Lifespan 3-5 Years
Funding Source Grant Funding
10 Annual Report on Controlled Equipment Use 2023
DJI Matrice 210 V2
Manufacturer: DJI
Manufacturer Description: UAS that has a color and inferred camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approx. 30 minutes of flight time. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator.
DJI Matrice 300 RTK
Manufacturer: DJI
Manufacturer Description: UAS that is foul weather capable and has dual gimbal, has an IR camera, zoom camera and light. Has video recording capabilities and is approx. 14 pounds. Has 55 minutes of flight time. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator.
Cost $10,410
Quantity 1
Lifespan 3-5 Years
Funding Source Grant Funding
Cost $11,349
Quantity 1
Lifespan 3-5 Years
Funding Source Grant Funding
11 Annual Report on Controlled Equipment Use 2023
DJI Matrice 30 Series
Manufacturer: DJI
Manufacturer Description: UAS that is an all-weather drone and integrates multiple high-performance sensors into a light weight and portable body. This is a remotely operated battery-powered aircraft designed to be operated within sight of operator or a spotter. Each aircraft is equipped with digital video streaming technology capable of relaying a real-time image back to the operator, and obstacle detection sensors. This UAS weighs 3770g and has a maximum flight time of 41 minutes.
Autel Robotics EVO II Dual 640 - Refurbished
Manufacturer: Autel Robotics
Manufacturer Description: The EVO II Dual has about 32-34 minutes of flight time per battery. The Orange color of the Dual is great for functionality and ease of operation and is easier to see in the sky. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator.
Cost $13,198
Quantity 1
Lifespan 3-5 Years
Funding Source Grant Funding
Cost $0
Quantity 1
Lifespan 3-5 Years
Funding Source N/A
12 Annual Report on Controlled Equipment Use 2023
Robots (Category 1)
A machine that is capable of being controlled remotely and can be deployed in-lieu of a human to gather visual and auditory intelligence, as well as conduct limited physical manipulation of items.
Capability: Robots can be used to reduce risk to human life in dangerous or potentially volatile situations. They are also used in tactical support of special operations and can be used to acquire visual/audio intelligence, deliver de-escalation tools such as a Crisis Negotiation Team phone, open doors, and clear buildings without risk to human life.
Usage: It is the policy of the Milpitas Police Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. Use is authorized by the Division Captain or designee.
Training Requirements: Only assigned operators who have completed the in-house required training shall be permitted to operate the robots. Training topics include nomenclature, operation techniques, and practical exercises.
13 Annual Report on Controlled Equipment Use 2023
The Department currently utilizes the following Robots:
Robotex Avatar II
Manufacturer: Robotex
Manufacturer Description: The AVATAR II enables law enforcement to remotely inspect dangerous situations and gather video and audio intelligence, including direct-to-unit video and audio recording, a touchscreen display, increased durability, and secure Wi-Fi networking. With these capabilities’ officers will be better equipped to remotely gather intelligence and keep themselves and their teams safe from harm.
ICOR Mini Caliber
Manufacturer: ICOR
Manufacturer Description: The Mini Caliber is a lightweight, modular portable robot designed for rapid deployment, it is simple to operate and quick to deploy for searching rooms, hallways, stairwells, and confined spaces. It also includes an extendible rotating claw arm that simplifies opening door handles, providing protection and safety to their operators.
Cost $19,406
Quantity 1
Lifespan 8-10 Years
Funding Source Grant Funding
Cost $48,500
Quantity 1
Lifespan 8-10 Years
Funding Source General Funds
14 Annual Report on Controlled Equipment Use 2023
Armored Vehicle (Categories 2 & 3)
Commercially produced 4-wheel drive vehicle designed for law enforcement that provides protection against bullets, shell fragments, and other projectiles.
Capability: The Medevac is primarily used by the Special Weapons and Tactics Team (SWAT) to safely transport personnel to and from critical incidents, extract citizens from volatile situations, high-risk rescue operations, training, provide emergency medical staff and/or Tactical Emergency Medicine (TEM) personnel a safe working environment, and to delivering equipment in high-risk environments. The Medevac can also be used to conduct rescue missions during disasters. Additionally, the vehicle is utilized for community engagement efforts and other applications deemed appropriate.
Usage: Use is established under Milpitas Policy Manual Section 707. It is the policy of the Department to utilize the armored vehicle only for official law enforcement purposes, and pursuant to State and Federal law.
Training Requirements: All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving techniques. POST certified driving instructors provide training consisting of safe driving practices and proper operation of the vehicle’s equipment.
15 Annual Report on Controlled Equipment Use 2023
The Department currently utilizes the following Armored Vehicle:
2018 LENCO Bearcat MEDEVAC, G2
Manufacturer: LENCO
Manufacturer Description: The Lenco BearCat Medevac, also known as the MedCat, was designed to meet the combined requirements of SWAT & Tactical Emergency Medical Service Teams. The Medevac can be used as an armored Response & Rescue SWAT truck for dangerous callouts and is equipped to provide Tactical EMS with a safe & effective environment to deal with trauma cases. It seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.
Cost $388,800
Quantity 1
Lifespan 25 Years
Funding Source Capital Improvement
16 Annual Report on Controlled Equipment Use 2023
Mobile Incident Command Vehicle (Category 5)
A completely self-contained command post designed to provide shelter, access to department computers, and restroom facilities for extended events. This vehicle can also be used to manage/facilitate pre-planned or significant events, which require on-site planning and incident command personnel.
Capability: As a mobile base of operation, this vehicle contains specialized command, control, and communications equipment that can be used during critical incidents, large events, natural disasters, and community events. The replacement command vehicle (anticipated delivery February 2024) will be equipped to function as a fully operational mobile Public Safety Answering Point (PSAP) and will serve as a backup to the existing Dispatch Center in the Police Department.
Usage: The command vehicle shall be used by trained personnel in a manner consistent with Department policy and training. Furthermore, only personnel who have completed the Departmental Training and who are properly licensed will be allowed to drive the command vehicle.
Training Requirements: All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving techniques. POST certified driving instructors provide training consisting of safe driving practices and proper operation of the vehicle’s equipment.
17 Annual Report on Controlled Equipment Use 2023
The Department currently operates the following MIC’s:
Mobile Incident Command Vehicle
Manufacturer: Winnebago
Manufacturer Description: 1998 Winnebago Adventurer (custom built) vehicle The MIC can also be utilized for SWAT/HNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. This vehicle is scheduled to be decommissioned and replaced in December of 2023.
Manufacturer: LDV, Inc.
Manufacturer Description: The Mobile Emergency Operations Center (MEOC) will be a fully functioning Mobile Public Safety Answering Point (PSAP) and serve as a backup to our existing Dispatch Center. The MEOC will also be a shared asset used by the Police and Fire Departments during critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. This vehicle is expected to be delivered in February 2024.
Cost $133,166
Quantity 1
Lifespan Expired
Funding Source Unknown
Cost $1,250,000
Quantity 1
Lifespan 25 Years (Chassis)
6 Years (IT Systems)
Funding Source Capital Improvement
18 Annual Report on Controlled Equipment Use 2023
40 MM Less-Lethal Launchers and Munitions (Categories 11, 12, & 14) A single-shot impact launcher capable of firing an array of less-lethal 40mm rounds.
Capability: De-escalate situations using less-lethal force and gain compliance from a safe distance. 40MM Less-Lethal Launchers have an effect range of up to 20 yards.
Usage: The 40mm less-lethal launcher may be deployed to gain compliance or deescalate conflicts to help prevent a situation from becoming a lethal force situation. The system’s effectiveness provides time and distance between officers and a suspect, reducing the immediacy of the threat and allows opportunity for further de-escalation. This system can be used to address self-destructive/suicidal, dangerous, and/or combative individuals; to gain a tactical advantage from a distance (i.e., breaking a window to get an unobstructed view of an individual or disabling a security camera); against potentially vicious animals; and for riot/crowd control and/or civil unrest incidents where the use of the 40mm is objectively reasonable.
Training Requirements: Sworn members utilizing 40MM less-lethal chemical agents or impact rounds are trained in their use by POST-Certified less-lethal chemical agent’s instructors. Training includes a review of the Departments Use of Force Policy, nomenclature, familiarization of the system and a qualification course.
19 Annual Report on Controlled Equipment Use 2023
The Department utilizes the following 40 MM Less-Lethal Launcher and Munitions:
Defense Technologies 40 MM Single Shot Launcher #1425
Manufacturer: Defense Technology
Manufacturer Description: The 40MM Single Launcher is a tactical single-shot launcher that features an adjustable Integrated Front Grip (IFG) with a rail-mounted holographic sight. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by trained personnel.
The Department currently possesses the following 40mm munitions:
Defense Technology 40mm Exact Impact Sponge Round #6325 Manufacturer: Defense Technology
Manufacturer Description: A less-lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.
Cost $810 each
Quantity 6
Lifespan 25 Years
Funding Source General Funds
Cost $18 each
Quantity 0 of 20
Lifespan 5 Years
Funding Source General Funds
20 Annual Report on Controlled Equipment Use 2023
Defense Technology 40MM Direct Impact Marking Round #6326 Manufacturer: Defense Technology
Manufacturer Description: A less-lethal 40MM lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40mm launcher with a rifled barrel at 295 FPS. The green foam nose indicates that the round contains a marking agent.
Defense Technology 40MM Direct Impact Reloadable Training Kit #6530 Manufacturer: Defense Technology
Manufacturer Description: The 250-piece Direct Impact Reloadable Training Kit allows realistic training to be conducted at a fraction of the cost of using operational rounds.
These reusable projectiles can be reloaded by hand in the field in less than 10 seconds without the need for presses or other reloading equipment. These rounds are not for use on humans.
Cost $30 each
Quantity 7 of 7
Lifespan 5 Years
Funding Source General Funds
Cost $1300 each
Quantity 1
Lifespan No Expiration
Funding Source General Funds
21 Annual Report on Controlled Equipment Use 2023
Defense Technology Spede-Heat 40MM Long Range, CS, Round #6182 Manufacturer: Defense Technology
Manufacturer Description: The SPEDE-HEAT CS Long-Range Munitions delivers one chemical canister of CS agent from a 40 mm launcher down range up to 150 yards. The Spede-Heat is a pyrotechnic round designed specifically for outdoor use in riot situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds from a single source. The Spede-Heat family may be used to conceal tactical movement.
Defense Technology Ferret 40MM Powder Barricade Round CS #1292 Manufacturer: Defense Technology
Manufacturer Description: A less lethal 40MM round used to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects.
Cost $30 each
Quantity 40 of 40
Lifespan 5 Years
Funding Source General Funds
Cost $30 each
Quantity 43
Lifespan 5 Years
Funding Source General Funds
22 Annual Report on Controlled Equipment Use 2023
Defense Technology Ferret 40MM Powder Barricade Training Round Inert #1293 Manufacturer: Defense Technology
Manufacturer Description: An inert training less-lethal 40MM round used to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers an inert payload inside of a structure or vehicle. The 40mm inert Ferret round is primarily used to train personnel in the proper use of its deployment.
Defense Technology Ferret 40MM Liquid Barricade Training Round Inert #1263 Manufacturer: Defense Technology
Manufacturer Description: A less-lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose-built 40mm launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.
Cost $23 each
Quantity 14
Lifespan 5 Years
Funding Source General Funds
Cost $23 each
Quantity 15
Lifespan 5 Years
Funding Source General Funds
23 Annual Report on Controlled Equipment Use 2023
Combined Systems Inc. 40MM Sponge, Smokeless Spin Stabilized Round #4577 Manufacturer: Combined Systems Inc.
Manufacturer Description: A spin-stabilized projectile delivering blunt trauma effect.
Although it is extremely accurate and consistent, accuracy is dependent on the launcher.
Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. Its purpose is to minimize the risks to all parties through pain compliance and/or incapacitation of potentially violent or dangerous subjects.
Cost $30 each
Quantity 1200
Lifespan 5 Years
Funding Source General Funds
24 Annual Report on Controlled Equipment Use 2023
Less-Lethal Shotgun and Munitions (Categories 10 & 14)
The less-lethal shotgun is a standard Remington Model 870, 12-gauge shotgun that has been converted to fire bean bag rounds as an alternative to lethal force when appropriate.
The less-lethal shotgun has a distinctive, orange-colored stock and foregrip to distinguish it from lethal weapons.
Capability: The less-lethal shotgun can fire a 12-gauge Super-Sock Bean Bag Round with a maximum effective range of seventy-five (75) feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat, which is a principle of de-escalation.
Usage: The less-lethal shotguns can be deployed to de-escalate conflict and reduce the need for lethal force. The system’s effective allows time and distance between officers and a suspect, reducing the immediacy of the threat and allows opportunity for further deescalation. This system can be used to address self-destructive/suicidal, dangerous, and/or combative individuals, to gain a tactical advantage from a distance (i.e., breaking a window to get an unobstructed view of an individual or disabling a security camera), against potentially vicious animals, riot/crowd control and/or civil unrest incidents where the use of the 40mm is objectively reasonable.
Training Requirements: All officers must successfully complete a minimum of two hours of department training before they can deploy the less lethal shotgun. Training includes a review of the Departments Use of Force Policy, nomenclature, familiarization of the system, and a qualification course.
25 Annual Report on Controlled Equipment Use 2023
The Department possesses the following Less Lethal Shotguns and Munitions:
Remington 870 Less Lethal 12 Gauge Shotgun
Manufacturer: Remington
Manufacturer Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.
Combined Systems Inc. Super-Sock Bean Bag Round #2581
Manufacturer: Combined Systems Inc.
Manufacturer Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target.
Cost $946 each
Quantity 35
Lifespan 25 Years
Funding Source General Funds
Cost $32/ Box
Quantity 136 of 150 Boxes
Lifespan No Expiration
Funding Source General Funds
26 Annual Report on Controlled Equipment Use 2023
Diversionary Devices (Category 12)
A handheld device that can be deployed to emit a flash, sound, and/or smoke.
Capability: To produce atmospheric overpressure and brilliant white light that can cause short-term (6 to 8 seconds) physiological/psychological, sensory deprivation to give officers a tactical advantage. A diversionary device is ideal for distracting dangerous suspects during apprehensions, hostage rescues, room entry, or other high-risk arrest situations.
Usage: Diversionary devices shall only be used by officers who have been trained in the proper use. These devices can be deployed in hostage and barricaded subject situations; in high-risk (search/arrest) warrant services where there may be hazards to officers; during other high-risk situations where the use would be advantageous in preserving life and/or increase officer safety; and during training exercises.
Training Requirements: Prior to using this equipment, officers must attend diversionary device training. Training is provided by POST certified instructors in the safe handling, deployment, and documentation of the use of this equipment.
Note: Some orders of Diversionary Devices can only be ordered in minimum quantities. As a result, some inventories may occasionally exceed needed amounts.
27 Annual Report on Controlled Equipment Use 2023
The Department currently possesses the following Diversionary Devices:
Combined Tactical Systems Inc. #7290-2 Noise Flash Device Manufacturer: Combined Systems Inc.
Manufacturer Description: A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intensely bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations.
Combined Tactical Systems Inc. #7290-9 Noise Flash Device Multi Burst Manufacturer: Combined Systems Inc.
Manufacturer Description: A multi-bang, non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intensely bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations.
Cost $52 each
Quantity 12 of 24
Lifespan No Expiration
Funding Source General Funds
Cost $60 each
Quantity 6 of 6
Lifespan No Expiration
Funding Source General Funds
28 Annual Report on Controlled Equipment Use 2023
Defense Technology #8902 Noise Flash Device Low Role
Manufacturer: Defense Technology
Manufacturer Description: A non-bursting, limited movement and rolling, nonfragmenting device that produces a thunderous bang with an intensely bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations.
Cost $55 each
Quantity 0 of 24
Lifespan No Expiration
Funding Source General Funds
29 Annual Report on Controlled Equipment Use 2023
Rifles, Munitions, and Accessories (Category 10 & 11)
The rifle is a long-barreled firearm designed for greater accuracy over a long distance.
Capability: The rifle provides officers the ability to engage hostile suspects from distances far greater than their handguns. The standard issued rifles can have an effective range of 600 yards and offer increased accuracy over a handgun. However, rifles are not appropriate for every situation.
Usage: Officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to, the following:
a) Situations where the officer reasonably anticipates an armed encounter. b) When an officer is faced with a situation that may require the delivery of accurate and effective shot placement at long range.
c) Situations where an officer reasonably expects the need to meet or exceed a suspect's weaponry.
d) When an officer reasonably believes there may be a need to deliver accurate shot placement on a barricaded suspect or a suspect with a hostage. e) When an officer reasonably believes a suspect may be wearing body armor. f) When needed to euthanize an animal.
Training Requirements: Prior to deploying a rifle, officers must successfully complete a 16-hour POST approved training course. The course is taught by POST certified instructors. Officers are required to pass a qualification course annually.
30 Annual Report on Controlled Equipment Use 2023
The Department currently possesses the following rifles:
Colt Tactical Carbine Model AR-15A3
Manufacturer: Colt
Manufacturer Description: A rifle that fires an intermediate-power cartridge (.223) which is more powerful than a standard pistol but less powerful than a standard rifle. Rifle and has a 16" barrel. The magazine holds 30 rounds of ammunition, and the rifle has a collapsible stock. The carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.
Colt Tactical Carbine Model M16
Manufacturer: Colt
Manufacturer Description: A rifle that fires an intermediate-power cartridge (.223) which is more powerful than a standard pistol but less powerful than a standard rifle. Rifle and has a 16" barrel. The magazine holds 30 rounds of ammunition, and the rifle has a collapsible stock. The carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.
Cost $800 each
Quantity 100
Lifespan No Expiration
Funding Source General Funds
Cost $800 each
Quantity 4
Lifespan No Expiration
Funding Source General Funds
31 Annual Report on Controlled Equipment Use 2023
Sionics Weapons Systems Model Short Barrel Rifle (SBR) LE Manufacturer: Sionics Weapons Systems
Manufacturer Description: A rifle that fires an intermediate-power cartridge (.223) which is more powerful than a standard pistol but less powerful than a standard rifle. Rifle and has a 16" barrel. The magazine holds 30 rounds of ammunition, and the rifle has a collapsible stock. The carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.
Heckler and Koch Model MP5A3
Manufacturer: Heckler and Koch
Manufacturer Description: A submachine gun chambered in 9mm it is universally applicable making it useable in all areas and under all conditions. The magazine holds 30 rounds of ammunition and allows officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Used by the Special Weapons and Tactics Team.
Cost $1500 each
Quantity 15
Lifespan No Expiration
Funding Source General & Grant
Funding
Cost $1000 each
Quantity 7
Lifespan No Expiration
Funding Source General Funds
32 Annual Report on Controlled Equipment Use 2023
Remington Model 700 P Bolt Action Rifle
Manufacturer: Remington
Manufacturer Description: A semi-automatic shoulder-fired rifle with precision optics that fires a .308 Winchester cartridge. The .308 rifle provides SWAT Snipers the ability to engage hostile suspects at great distances with accuracy. The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.
Remington Model 700 SPS Bolt Action Rifle
Manufacturer: Remington
Manufacturer Description: A semi-automatic shoulder-fired rifle with precision optics that fires a .308 Winchester cartridge. The .308 rifle provides SWAT Snipers the ability to engage hostile suspects at great distances with accuracy. The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.
Cost $0 each
Quantity 3
Lifespan No Expiration
Funding Source Donation
Cost $0
Quantity 1
Lifespan No Expiration
Funding Source Personal Rifle
33 Annual Report on Controlled Equipment Use 2023
Remington Model 700 PSS Bolt Action Rifle
Manufacturer: Remington
Manufacturer Description: A semi-automatic shoulder-fired rifle with precision optics that fires a .308 Winchester cartridge. The .308 rifle provides SWAT Snipers the ability to engage hostile suspects at great distances with accuracy. The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.
Ruger Precision Rifle Model 18028 Bolt Action Rifle
Manufacturer: Ruger
Manufacturer Description: A semi-automatic shoulder-fired rifle with precision optics that fires a .308 Winchester cartridge. The .308 rifle provides SWAT Snipers the ability to engage hostile suspects at great distances with accuracy. The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.
Cost $0
Quantity 1
Lifespan No Expiration
Funding Source Personal Rifle
Cost $0
Quantity 1
Lifespan No Expiration
Funding Source Personal Rifle
34 Annual Report on Controlled Equipment Use 2023
Masterpiece Arms, Model PMR Pro .308 Rifle
Manufacturer: Masterpiece Arms
Manufacturer Description: A semi-automatic shoulder-fired rifle with precision optics that fires a .308 cartridge. The rifle provides SWAT Snipers the ability to engage hostile suspects at great distances with accuracy. The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.
Colt M16A1 Rifle
Manufacturer: Colt
Manufacturer Description: Received from the military and converted to semi-automatic AR-15. (4) are currently in use in the Traffic Safety Unit. The traffic safety unit utilizes converted rifles to enhance the tactical capabilities when on their motorcycles to augment their service pistols when needed. (7) are in use by the Honor Guard for ceremonial display. Honor Guard members are sworn peace officers who have been specially chosen from all divisions of the department. Duties include providing funeral honors for officers who have been killed in the line of duty or other ceremonial duties as assigned. (4) are currently not in use.
Cost $0
Quantity 1
Lifespan No Expiration
Funding Source Personal Rifle
Cost $0 each
Quantity 15
Lifespan No Expiration
Funding Source 1033/ LESO Program
35 Annual Report on Controlled Equipment Use 2023
Ti-Fighter 5.56mm Thread On Suppressor
Manufacturer: Ti-Fighter
Manufacturer Description: TI-Fighter 5.56 Thread On Suppressors are an attachment to the entry rifles used by the Department’s SWAT team. The benefits of suppressors include noise reduction, reduced muzzle flash, reduced recoil, increased accuracy, and minimization of concussion impact. The suppressors are also capable of bringing rifle fire into approved OSHA standards.
The Department currently possesses the following rifle munitions:
Federal American Eagle 9MM Luger 147 GR Full Metal Jacket Manufacturer: Federal
Manufacturer Description: This Federal American Eagle 9mm Luger ammunition is loaded with a 147-grain Full Metal Jacket bullet. The Full Metal Jacket bullet is for range practice and reducing fouling in the barrel. The jacket extends from the nose to the base, preventing bullet expansion and barrel leading. This ammunition is new production, noncorrosive, ammo, featuring brass cases, boxer primed, and is reloadable.
Cost $1,195 Each
Quantity 15
Lifespan No Expiration
Funding Source Grant Funding
Cost $183/ Case
Quantity 105 Cases
Lifespan No Expiration
Funding Source General Fund
36 Annual Report on Controlled Equipment Use 2023
Federal Gold Medal .223 55 Grain (GR) Rifle Round (Training) Manufacturer: Federal
Manufacturer Description: Federal 223 Remington ammo features a lead core 55 Grain Full Metal Jacket bullet that is nonmagnetic, non-corrosive boxer primer and new virgin brass casing that can be reloaded up to seven times for those high volume 223 ammo shooters that love to reload their 223 Remington ammunition. The Federal American Eagle 223BL ammo offers muzzle velocity of 3240 feet per second and muzzle energy of 1282 ft lbs.
Hornady 9MM Critical Duty 135 GR
Manufacturer: Hornady
Manufacturer Description: This law enforcement cartridge offers match accuracy with a high ballistic coefficient providing superior long-range performance. The patented design eliminates clogging and aids in bullet expansion. A large mechanical jacket to core band works to keep the bullet and core from separating for maximum weight retention, excellent expansion, consistent penetration, and terminal performance through all FBI tactical handgun ammunition tests. The bright nickel-plated case simplifies chamber checks in reduced light and is loaded with low flash propellant to help preserve night vision in low light firing.
Cost $236/ Case
Quantity 56 of 150 Cases
Lifespan No Expiration
Funding Source General Fund
Cost $290/ Case
Quantity 14 of 25 Cases
Lifespan No Expiration
Funding Source General Fund
37 Annual Report on Controlled Equipment Use 2023
Hornady .223 55GR Tap Urban Rifle Round (Duty)
Manufacturer: Hornady
Manufacturer Description: Federal 223 Remington ammo features a lead core 55 Grain Full Metal Jacket bullet that is nonmagnetic, non-corrosive boxer primer and new virgin brass casing that can be reloaded up to seven times for those high volume 223 ammo shooters that love to reload their 223 Remington ammunition. The Federal American Eagle 223BL ammo offers a muzzle velocity of 3240 feet per second and muzzle energy of 1282 ft-lbs.
Hornady .308 Winchester A-Max Tap Rifle Round
Manufacturer: Hornady
Manufacturer Description: This law enforcement cartridge offers match accuracy with a high ballistic coefficient providing superior long-range performance. This load demonstrates expansion and fragmentation similar to the 110-gr. load, but with a noticeable increase in penetration and retained bullet weight. This bullet penetrates glass with minimal deflection and exhibits excellent expansion and fragmentation characteristics.
Cost $160/ Case
Quantity 115 of 300 Cases
Lifespan No Expiration
Funding Source General Fund
Cost $250/ Case
Quantity 22 of 60 Cases
Lifespan No Expiration
Funding Source General Fund
38 Annual Report on Controlled Equipment Use 2023
Winchester 9MM 124 GR Full Metal Jacket
Manufacturer: Winchester
Manufacturer Description: This law enforcement cartridge is loaded with a 124-grain Full Metal Jacket bullet. The Full Metal Jacket bullet is ideal for range practice and is known for its reliability, consistent performance, and accuracy. The jacket extends from the nose to the base, preventing bullet expansion and barrel leading. This ammunition is new production, non-corrosive, ammo, featuring brass cases, boxer primed, and is reloadable.
Cost $282/ Case
Quantity 20 of 20 Case
Lifespan No Expiration
Funding Source General Fund
39 Annual Report on Controlled Equipment Use 2023
Chemical Agents and Smoke Canisters (Category 12)
Canisters containing non-lethal chemical agents and/or smoke that are released when deployed.
Capability: Chemical agent and smoke canisters have a variety of individual capabilities and applications. Chemical agent and smoke canisters carry the agent into the environment in a variety of methods, including but not limited to powder, a liquid mist, smoke, pyrotechnic devices, and vapor aerosols. Exposure to chemical agents normally causes no lasting effects. This equipment has indoor and outdoor capabilities and uses.
Usage: The use of chemical agents causes mucous membranes and exposed skin to become inflamed resulting in a burning sensation. It provides a temporary respiratory effect and induces discomfort on the skin. Smoke canisters are used to create a diversion or conceal the movement of a tactical team. Chemical agents and smoke canisters may be utilized during confrontations with violent or potentially violent suspects, as a less lethal option to assist with dispersing violent crowds, and/or for the arrest of suspects.
Training Requirements: Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors. Sworn members are trained in the proper use of chemical agent cannisters and smoke canisters, nomenclature, and documentation for the use of this equipment.
40 Annual Report on Controlled Equipment Use 2023
The Department currently possesses the following chemical agent and smoke canisters:
Defense Technology Flameless Tri-Chamber Safe-Smoke Canister #1032 Manufacturer: Defense Technology
Manufacturer Description: The design of the Tri-Chamber Flameless Saf-Smoke allows for the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. Primarily designed for indoor tactical situations and will deliver about 20-25 seconds of burn time. Was designed for barricaded situations in mind to primarily detect and or dislodge a barricaded subject. The purpose of the Tri-Chamber Flameless SafSmoke is to minimize the risk to all parties through pain compliance and or incapacitation of potentially violent or dangerous subjects.
Defense Technology Flameless Tri-Chamber Safe-Smoke Canister #1033 Manufacturer: Defense Technology
Manufacturer Description: The design of the Tri-Chamber Flameless Saf-Smoke allows for the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. Primarily designed for indoor tactical situations and will deliver about 20-25 seconds of burn time. Was designed for barricaded situations in mind to primarily detect and or dislodge a barricaded subject. The purpose of the Tri-Chamber Flameless SafSmoke is to minimize the risk to all parties through pain compliance and or incapacitation of potentially violent or dangerous subjects.
Cost $40 each
Quantity 5
Lifespan 5 Years
Funding Source General Fund
Cost $40 each
Quantity 4 of 10
Lifespan 5 Years
Funding Source General Fund
41 Annual Report on Controlled Equipment Use 2023
Defense Technology Military Style Saf-Smoke Canister #1063 Manufacturer: Defense Technology
Manufacturer Description: The Saf-Smoke canister was designed for training but may also be used in operations. The Saf-Smoke offers the same burn times as other smoke canisters making it an appropriate choice for training or simulation deployment of chemical agent canisters.
Defense Technology Maximum HC Smoke Large Style Canister #1073 Manufacturer: Defense Technology
Manufacturer Description: The Maximum HC Smoke is designed specifically for outdoor use in criminal riotous situations with a high-volume continuous burn that expels its payload in approximately 1.5-2 minutes through four gas ports located on the top of the canister. The smoke can be used to conceal tactical movement or route a crowd. The volume of smoke and agent is vast and obtrusive.
Cost $22 each
Quantity 30
Lifespan 5 Years
Funding Source General Fund
Cost $30 each
Quantity 14
Lifespan 5 Years
Funding Source General Fund
42 Annual Report on Controlled Equipment Use 2023
Defense Technology Maximum HC Smoke Military Style Canister #1083 Manufacturer: Defense Technology
Manufacturer Description: The Maximum HC Smoke is designed specifically for outdoor use in criminal riotous situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. The smoke can be used to conceal tactical movement. The volume of smoke and agent is vast and obtrusive.
Defense Technology Han-Ball Grenade CN #1091
Manufacturer: Defense Technology
Manufacturer Description: The Han-Ball Grenade is a launchable grenade and is a maximum effect device that delivers three stimuli for psychological and physiological effects: light, sound and CS. This grenade is a launchable and combines loud report and flash with effects of chemical agents making it suitable for riot control situations.
Cost $30 each
Quantity 8 of 10
Lifespan 5 Years
Funding Source General Fund
Cost $40 each
Quantity 3
Lifespan 5 Years
Funding Source General Fund
43 Annual Report on Controlled Equipment Use 2023
Defense Technology Han-Ball Grenade CS #1092
Manufacturer: Defense Technology
Manufacturer Description: The Han-Ball Grenade is a launchable grenade and is a maximum effect device that delivers three stimuli for psychological and physiological effects: light, sound and CS. This grenade is a launchable and combines loud report and flash with effects of chemical agents making it suitable for riot control situations.
Defense Technology Flameless Expulsion Grenade Inert #2043 Manufacturer: Defense Technology
Manufacturer Description: The Inert Flameless Expulsion Grenade is a training device that will allow team members to deploy the grenade without effecting roll players. This compact, non-pyrotechnic, inert powder device provides safe expulsion without risk of fire. Unlike pyrotechnical grenades, this device’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet.
Cost $40 each
Quantity 103
Lifespan 5 Years
Funding Source General Fund
Cost $40 each
Quantity 3 of 3
Lifespan 5 Years
Funding Source General Fund
44 Annual Report on Controlled Equipment Use 2023
Breaching Tools (Categories 7, 10, & 14)
Tools that are used to gain entry into structures by defeating locks and/or fortifications.
These tools include breaching shotguns and explosive breaching equipment.
Capability: A breaching shotgun can defeat lightly fortified or locked doors. Explosive breaching tools can defeat heavily fortified doors and structures. The listed breaching tools are utilized by SWAT operators and are capable of breaching glass, metal doors, wood doors, deadbolts, locks, and hinges.
Usage: Breaching (or forced entry) is used to rapidly access a locked or fortified room or structure to preserve life, affect and arrest, or to conduct a search when lawfully able to do so. Forced entry is strictly regulated and may only be done when legal parameters are met.
Training Requirements: Sworn members are trained in the proper use of the breaching shotgun. Explosive breacher(s) shall be licensed as a Blaster by Cal/OSHA. Explosive Breachers will attend an approved "Tactical Energetic Breaching" course.
45 Annual Report on Controlled Equipment Use 2023
The Department currently possesses the following explosive breaching tools:
Remington 870 Short Barrel Breaching Shotgun
Manufacturer: Remington
Manufacturer Description: This weapon allows breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure.
Combined Tactical Systems 12 Gauge Breaching Munition #2570 Manufacturer: Remington
Manufacturer Description: 12-gauge frangible slug to disrupt locking mechanisms and hinges, defeat and breach external and internal doors.
Cost $810 each
Quantity 2
Lifespan 25 Years
Funding Source General Fund
Cost $7/ Box
Quantity 24 of 24 Boxes
Lifespan No Expiration
Funding Source General Fund
46 Annual Report on Controlled Equipment Use 2023
Defense Technology TKO 12 Gauge Breaching Round #3105
Manufacturer: Defense Technology
Manufacturer Description: The 12-Gauge TKO Breaching Round is a 12-Gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant. The TKOP is capable of defeating door lock mechanisms, doorknobs, hinges, deadbolts safety chains and pad locks on both wooden or hollow core doors. Upon impact the zinc slug disintegrates into a fine powder eliminating fragmentation.
KBT (Kinetic Breaching Tool)
Manufacturer: KBT
Manufacturer Description: This kinetic energy tool was built to fill the gap between manual forced entry and explosive breaching. The KBT employs the best physics in the form of a self-contained impact ram with powder-actuated cartridges that go directly into a door or entryway. The device captures the force of the ram within the tool so there is no projectile or explosive energy that leaves the device. The KBT is designed to increase operator safety by allowing operators to breach from behind a shield or to the side of the door.
Cost $7/ Box
Quantity 3 of 3 Boxes
Lifespan No Expiration
Funding Source General Fund
Cost $10,750
Quantity 1
Lifespan 10 Years
Funding Source Grant Funding
47 Annual Report on Controlled Equipment Use 2023
KBT (Kinetic Breaching Tool) .45 Caliber Blank Rounds
Manufacturer: KBT
Manufacturer Description: This kinetic energy tool operates by using a proprietary .45 caliber handgun blank and an eight (8) round cylinder for multiple breaches. Unlike explosive or shotgun breaching, all the force generated from the KBT is mechanically driven through a ram. This means that no projectile or explosive energy leaves the device except for the force of the ram which is permanently captured in the device.
Dyno Noble Inc. Primacord (UN0065)
Manufacturer: Dyno Nobel Inc.
Manufacturer Description: PRIMACORD is a detonating cord that is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400m/s, any common length of detonation cord appears to explode instantaneously. It is a highspeed fuse which explodes, rather than burns, and is suitable for detonating high explosives. Explosive entry is a non-lethal force option, but it should only be used when you can justify that spending any length of time in front of a door with a mechanical breach would be too dangerous for the officer conducting the breach or that mechanical breaching would fail on a reinforced objective.
Cost $2.97 Each
Quantity 287
Lifespan No Expiration
Funding Source Grant Funding
Cost $2/ Foot
Quantity 2945 Feet
Lifespan 10 Years
Funding Source General Fund
48 Annual Report on Controlled Equipment Use 2023
Nonel Lead Line (UN0349)
Manufacturer: Dyno Nobel Inc.
Manufacturer Description: NONEL LEAD LINE provides maximum flexibility to the blaster in choosing a position of safety from which to initiate nonelectric blast rounds in either underground or surface applications. LEAD LINE propagates a low energy signal, similar to a dust explosion, at approximately 6500 ft/sec (2000 m/sec) along the tubes length with minimal disturbance to the outside of the tube.
Nonel Detonator Assembly Non-Elelctric (UN0361)
Manufacturer: Dyno Nobel Inc.
Manufacturer Description: A detonator assembly is a small sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as a plastic explosive. Detonator assemblies come in a variety of types, including non-electric caps, electric caps, and fuse caps.
Cost $1/ Foot
Quantity 5,000 Feet
Lifespan 10 Years
Funding Source General Fund
Cost $15/ each
Quantity 110
Lifespan 10 Years
Funding Source General Fund
49 Annual Report on Controlled Equipment Use 2023
Training Summary
The safe use of certain controlled equipment requires ongoing training to maintain proficiency and required certifications. While the department conducts most ongoing training internally through the Professional Standards Unit, external training courses and services are also necessary. Training courses can vary each year depending on operational needs and State or Federal mandates. Consumable and non-consumable equipment are often used during training to ensure competency during actual operational use. Funding sources for training include the Police Department’s operating budget and/or grants.
Training Costs
The personnel cost of training is absorbed into the Department’s operating budget. The estimated cost for staff to attend externally hosted training for 2023 was approximately $9569.81.
The below table reflects the expended controlled equipment used during training in calendar year 2023.
Item Used Cost
Nonel Detonator Assembly Non-Elelctric (UN0361) 10 $150 Dyno Noble Inc. Primacord (UN0065) 55 feet $110
KBT (Kinetic Breaching Tool) .45 Caliber Rounds 13 $38.61 Defense Technology 40mm Exact Impact Sponge Round #6325 6 $108 Defense Technology #8902 Noise Flash Device Low Role 3 $165 Combined Tactical Systems Inc. #7290-2 Noise Flash Device 1 $52 Combined Systems Inc. Super-Sock Beanbag Round #2581 64 Boxes $2048 Federal American Eagle 9mm Luger, 147 Grain (Gr) FMJ 37 Cases $6771 Hornady 9mm Luger 135 Grain Hollow Point 43 Cases $12,470 Federal .223 55gr Rifle Round 41 Cases $9,676
Hornady .223 55gr Rifle Round, Tap Urban 31 Cases $4960 Hornady .308 Winchester 155gr Rifle Round, A-Max Tap 4 Cases $1128 TOTAL: $37,676
50 Annual Report on Controlled Equipment Use 2023
Equipment Costs
The following table summarizes equipment related expenditures for calendar year 2023 and the projected expenses in calendar year 2024. Equipment expenditures include the acquisition of new equipment, the replacement of damaged equipment, and the ongoing maintenance of the controlled equipment.
Equipment Type Annual Maintenance
(2023)
Projections
(2024)
Unmanned Aircraft
System $18,955 $29,000
Robots $0 $0
Armored Vehicles $470 $1000
Mobile Incident
Command $1250 $3000
40 mm Less-Lethal
Launchers $300 $300
Less-Lethal Shotguns $0 $0
Diversionary Devices $0 $1,000
Rifles $8,865 $1,000
Chemical Agents and
Smoke Canisters $0 $0
Breaching Tools $11,641 $0
TOTAL $41,481 $35,300
51 Annual Report on Controlled Equipment Use 2023
Police Operating Budget
99.769%
Controlled Equipment
Annual Maintenance
0.123%
Controlled Equipment
Training
0.108%
Controlled Equipment Expenditures
Police Operating Budget Controlled Equipment Annual Maintenance Controlled Equipment Training Fiscal Impact
The Milpitas Police Department is budgeted for 127 full-time employees which includes 94 full-time sworn officer positions and 34 non-sworn full-time professional staff positions.
During Fiscal Year 2022/2023 the Police Department had an operating budget of $38,228,207.
Although the City of Milpitas adopts its operating budget on a fiscal year basis (beginning July 1st) the cost of controlled equipment expenditures is reflected in this report for calendar year 2023 as required by Assembly Bill 481.
During 2023, the Milpitas Police Department spent approximately $88,726.81 for controlled equipment and associated training. Some expenditures for controlled equipment were funded through State and/or Federal grants reducing the impact of acquiring, utilizing, maintaining, and training with controlled equipment to the Department’s operating budget. Although a portion of these expenditures were paid for with grant funding, the total expenditures represent only 0.23% of the Police Department’s operating budget.
52 Annual Report on Controlled Equipment Use 2023
Projected Acquisitions for 2024
Although most acquisitions can be anticipated, the unanticipated replacement of existing controlled equipment may be necessary due to loss or damage. Replacement of these items will be handled on a case-by-case basis dependent on operational need, and in compliance with department policy for acquisition of controlled equipment.
Consumable Controlled Equipment
Consumable controlled equipment acquisitions for 2024 will remain consistent with current replenishment schedules and policies. Acquisitions will only restore quantities previously approved by the governing body.
Categories of consumable controlled equipment include:
• Ammunition – all calibers
• Chemical Agent and Smoke Canisters
• Specialty Munitions (40mm Munitions and Less Lethal Munitions) • Diversionary Devices
53 Annual Report on Controlled Equipment Use 2023
Non-Consumable Controlled Equipment
Unmanned Aircraft Systems (UAS)
The Department is seeking to purchase one (1) additional DJI Matrice 30 Series UAS.
The UAS enhances our service delivery capabilities and increases safety for our officers and the public. The DJI Matrice 30 Series is designed to function during harsh weather events. Having an additional DJI 30 Series will provide immediate resources if the primary DJI 30 becomes inoperable or for specific tactical missions. Funding for this purchase will come from a grant.
If grant funding is secured, the Department is also seeking to purchase four (4) DJI Avata UASs. The DJI Avata is compact, lightweight, and designed to maneuver in tight spaces.
These unique capabilities are advantageous during a tactical mission. The DJI Avata is designed for rapid deployment and has enhanced safety features, such as an Emergency Brake system, and downward sensors for enhanced safety and low altitude flying.
Lifespan:
All UAS equipment, 3-5 years
Fiscal Impact:
No annual maintenance costs are expected.
Training:
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend on going department training.
Manufacturer Name and Model Category Quantity Cost
DJI Matrice 30 Series 1 1 $25,000
DJI Avata 1 4 $4,000
TOTAL: $29,000
54 Annual Report on Controlled Equipment Use 2023
Pepperball VKS Pro Launcher
The Department is seeking to purchase four (4) Pepperball VKS Pro Launchers, and lesslethal live and training rounds associated with the VKS platform. The Pepperball VKS is a long-range, semi-automatic non-lethal launcher designed for law enforcement use. It is capable of firing projectiles and VXR (Variable Kinetic Rounds), which include impact, marking, and illuminating rounds. The VKS offers variable kinetic impact, meaning it can adjust the force of impact based on the situation, providing a versatile tool for non-lethal applications. Funding for this purchase will come from a grant.
Lifespan:
Pepperball VKS Pro Launcher – No Listed Expiration
Pepperball EL-2 Electronic Hopper - No Listed Expiration Pepperball Glass Breaking Round - No Listed Expiration
Pepperball VXR Inert Round - No Listed Expiration
Pepperball Round Inert Training Round - No Listed Expiration Pepperball VXR Live-x OC Powder - No Listed Expiration
Pepperball Round Live X OC Powder - No Listed Expiration Pepperball VXR Blue Ink - No Listed Expiration
Fiscal Impact:
Annual Maintenance is approximately $50.
Training:
Prior to using a Pepperball VKS Pro Launcher, officers must be certified by Department Less-Lethal Instructors in the operation of the VKS Pro Launcher. Additionally, all members that operate any VKS Launcher are required to pass a qualification course during less-lethal qualification testing.
Manufacturer Name and Model Category Quantity Cost
Pepperball VKS Pro Launcher 14 4 $5500
Pepperball EL-2 Electronic Hopper, 160
round count
12 4 $650
Pepperball Glass Breaking Round, 100 round
count
12 1 $270
Pepperball VXR Inert Round, 50 pack 12 2 $118
Pepperball Round Inert Training Round, 375
Pack
12 2 $657
Pepperball VXR Live-x OC Powder, 50 Pack 12 1 $213
Pepperball Round Live X OC Powder, 90
Pack
12 1 $255
Pepperball VXR Blue Ink, 50 Pack 12 1 $165
TOTAL: $7828
55 Annual Report on Controlled Equipment Use 2023
Department Transparency
In some instances, the application and use of controlled equipment may prompt questions or cause concern for community members.
The Milpitas Police Department strives to provide transparency on police activities, department policies, agency practices, and the use of controlled equipment. Remaining accountable to our community builds trust, confidence, and enhances community relationships. Prior to Assembly Bill 481, the Milpitas Police Department regularly presented equipment purchases and policies to the Public Safety and Emergency Preparedness Commission and utilizes various community engagement events to introduce our community to select controlled equipment including our Unmanned Aircraft Systems, Armored Rescue Vehicle, Mobile Incident Command Vehicle, and specialized SWAT equipment. We continue to use community events to create public awareness, transparency, and education.
56 Annual Report on Controlled Equipment Use 2023
Controlled Equipment Coordinator Report
Although the Department remains transparent with our community, we may occasionally receive complaints about our policies, practices, and/or the use of controlled equipment.
The Milpitas Police Department is committed to completing thorough and fair investigations of complaints. Resolving complaints in a fair, impartial, and expeditious manner helps maintain community trust and ensures the Milpitas Police Department will continue to provide superior service to our community.
The Milpitas Police Department has a designated Controlled Equipment Coordinator that is responsible for conducting controlled equipment inspections and audits to ensure compliance with Assembly Bill 481. The Controlled Equipment Coordinator is also the designated point of contact for receiving citizen complaints as well as tracking policy violations related to the use of controlled equipment.
Inventory
The Controlled Equipment Coordinator conducted an inventory check and identified controlled equipment that was not included in the inventory itemization reported during the annual report on Controlled Equipment Use for calendar year 2022. The inventory itemization in this report has been corrected to reflect the equipment not previously included.
Complaints
The Milpitas Police Department did not receive any citizen complaints about the use or possession of controlled equipment for calendar year 2023.
Policy Violations
The Milpitas Police Department did not identify any policy violations related to the deployment or use of controlled equipment for calendar year 2023.
57 Annual Report on Controlled Equipment Use 2023
Conclusion
The equipment, resources, and training outlined in this report allows the Milpitas Police Department to protect our community by enhancing public and officer safety. The use of controlled equipment aids us in resolving critical incidents safely and effectively. Although controlled equipment is utilized infrequently, it is crucial that the equipment be readily available in rapidly evolving and dynamic situations where such equipment can be used to effectively respond to threats of public safety.
When deciding how controlled equipment is funded, acquired, or used, the Milpitas Police Department considers the public’s welfare, safety, and civil liberties. This annual controlled equipment report reaffirms the department’s commitment to providing transparency and information to our communities and elected officials in addition to ensuring compliance with the law.
The department places high regard to meaningful public input in using controlled equipment in our community. Inquires, complaints or concerns can be submitted to the Milpitas Police Department’s Controlled Equipment Coordinator via email at, [email protected]
For more information, please visit the police department’s website at, https://www.milpitas.gov/milpitas/departments/police
58 Annual Report on Controlled Equipment Use 2023
Appendix
Definitions
1. Governing Body- The legislative body of the City of Milpitas.
2. Controlled Equipment- Includes items defined by California Government Code section 7070, subsections (c)(1) through (c)(16).
3. “Controlled Equipment Impact Statement” means a publicly released, written document that includes, at a minimum, all of the following:
(a) Description: A description of each type of Controlled Equipment, the quantity sought, its capabilities, expected lifespan, intended uses and effects, and how it works, including product descriptions from the manufacturer of the Controlled Equipment.
(b) Purpose: The purposes and reasons for which the Milpitas Police Department (hereinafter, “Police Department”) proposes to use each type of Controlled Equipment.
(c) Fiscal Cost: The fiscal cost of each type of Controlled Equipment, including the initial costs of obtaining the equipment, the estimated or anticipated costs of each proposed use, the estimated or anticipated costs of potential adverse impacts, and the estimated or anticipated annual, ongoing costs of the equipment, including operating, training, transportation, storage, maintenance, and upgrade costs. (d) Impact: An assessment specifically identifying any potential impacts that the use of Controlled Equipment might have on the welfare, safety, civil rights, and civil liberties of the public, and what specific affirmative measures will be implemented to safeguard the public from potential adverse impacts.
(e) Mitigations: Specific, affirmative technical and procedural measures that will be implemented to safeguard the public from such impacts.
(f) Alternatives: Alternative method or methods by which the Police Department can accomplish the purposes for which the Controlled Equipment is proposed to be used, the annual costs of alternative method or methods, and the potential impacts of alternative method or methods on the welfare, safety, civil rights, and civil liberties of the public.
59 Annual Report on Controlled Equipment Use 2023
Appendix
Policy - Controlled Equipment (Military Equipment)
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting of use requirements of controlled equipment, also defined as “military equipment” pursuant to Assembly Bill 481 (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Controlled Equipment – Includes items defined in California Government Code section 7070, subsections (c)(1) through (c)(16); and any other item deemed to be controlled equipment by the governing body.
708.2 POLICY
It is the policy of the Milpitas Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to controlled equipment. 708.3 CONTROLLED EQUIPMENT COORDINATOR
The Chief of Police, or designee, shall act as the controlled equipment coordinator. The responsibilities of the controlled equipment coordinator include but are not limited to:
(a) Acting as a liaison to the governing body to meet the requirements of this policy. (b) Identifying equipment currently owned or used by the Milpitas Police Department, and that equipment the Department intends to acquire or use, that qualifies as controlled equipment and ensuring compliance with legislative mandates. (c) Conducting an annual inventory of all controlled equipment. (d) Collaborating with any allied agency that may use controlled equipment within the City of Milpitas (Government Code § 7071).
(e) Preparing for, scheduling, and coordinating an annual community engagement meeting to include:
1. Publicly noticing the meeting no less than 30 days in advance.
2. Preparing for public inquiries regarding the department’s funding, acquisition, and use of equipment.
60 Annual Report on Controlled Equipment Use 2023
(f) Preparing the annual controlled equipment report for submission to the Chief of Police and ensuring that the report is made available to the public on the department website (Government Code § 7072).
(g) Establishing a procedure for the public to register a complaint or concern, submit a question about the use of controlled equipment, and identify how the Department will respond.
708.4 CONTROLLED EQUIPMENT INVENTORY
A list of equipment currently held by the department or in coordination with another local agency is attached to this policy as Exhibit 1 and incorporated into this policy by reference.
The inventory list will be updated each year as part of the annual report required pursuant to AB 481.
708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the controlled equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed controlled equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the controlled equipment (Government Code § 7071). The controlled equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting controlled equipment from the Federal Government pursuant to 10 USC § 2576a (Ex: 1033 Program)
(b) Seeking funds for controlled equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring controlled equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of controlled equipment within the jurisdiction of this department. (e) Using any new or existing controlled equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of controlled equipment.
(g) Acquiring controlled equipment through any means not provided above.
61 Annual Report on Controlled Equipment Use 2023
708.6 EXIGENCY- PROCUREMENT AND USE
Nothing in this policy shall prohibit the procurement or use of controlled equipment when exigent circumstances exist. In rare circumstances, exigent circumstances may occur where the immediate procurement and use of controlled equipment may be necessary to preserve life, prevent physical harm to officers or other persons, prevent the destruction of relevant evidence, prevent the escape of the suspect, or maintain public safety. In the event such an event occurs, the Chief of Police or the authorized designee may authorize the procurement and use of controlled equipment. Any exigent procurement and/or use of controlled equipment will be reported to the governing body, in writing, unless such information is confidential or privileged under local, state, or federal law. 708.7 ANNUAL REPORT
Upon approval of a controlled equipment policy, the Chief of Police or their authorized designee shall submit a controlled equipment report to the governing body for each type of controlled equipment approved within one year of approval, and annually thereafter for as long as the controlled equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee shall also make each annual controlled equipment report publicly available on the department website for as long as the controlled equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of controlled equipment in department inventory.
708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of controlled equipment. 708.9 MAINTENANCE AND RESUPPLY OF CONTROLLED EQUIPMENT
In the event a previously approved supply of controlled equipment falls below the approved quantity, the Department may replenish the supply, as needed, without first obtaining additional approval from the Governing Body.
CITY OF MILPITAS
Public Safety and Emergency Preparedness Commission
March 21, 2024 Public Safety and Emergency Preparedness Commission Minutes Page 1
MEETING MINUTES
7:00 p.m.
Thursday, March 21, 2024
City Hall Committee Room
CALL TO ORDER Chair Berryhill called the meeting to order at 7:01 P.M.
PLEDGE of
ALLEGIANCE
Chair Berryhill led the pledge of allegiance.
ROLL CALL Chair Berryhill called the roll.
PRESENT: Ellis, Clendenin, Berryhill, Nakapalau, Gan, Luu, Cacao, Yip-Chuan, Councilmember Lien, Lt. Sanchez, Battalion Chief Severson, OEM Coordinator Charlop
ABSENT: Nichols, Sun
SEATING OF
ALTERNATES
APPROVAL OF
AGENDA
Luu
Motion/Second: Clendenin/Nakapalau, all ayes
Motion carried by a vote of all AYES.
APPROVAL OF
MINUTES
Motion/Second: Clendenin/Ellis
Abstention: Ellis
Motion carried by a vote all AYES.
PUBLIC FORUM None.
ANNOUNCEMENTS City hosted the 70th Anniversary Party and the Lunar New Year Celebration.
PRESENTATIONS None.
BUSINESS ITEMS A. 2024 Work Plan Updates:
1. Police Subcommittee: Reaching out to provide presentations to the community.
2. Fire Subcommittee: Provided presentation.
3. Emergency Preparedness Subcommittee: Provided presentation.
March 21, 2024 Public Safety and Emergency Preparedness Commission Minutes Page 2 LIAISON REPORT A. Council Report (Councilmember Lien):
a. CM Lien attended the National League of Cities Conference in Washington, DC.
b. Congressman Ro Khanna funded a grant of $500K for the Main Street revitalization.
c. On Saturday, 3/23 Milpitas Rotary Club, City of Milpitas, Troop 163, Troop 2163, and Our City Forest organization that provided the trees, equipment, and guidance on planting trees at Pinewood Park. Milpitas Rotary Club will provide lunch for all volunteers. d. On April 6, another Arbor Day at Pinewood. (No lunch will be provided)
e. Thanks to Santa Clara District Attorney Jeff Rosen and Milpitas Chief of Police Jared Hernandez for hosting the forum on Retail Theft. Raising awareness to business owners to combat Retail Theft.
B. MUSD Report (Schoolboard Member Yip-Chuan):
a. MUSD got a $2 million grant for career technical Education initiatives that will be used to support our new programming at the Milpitas High School Extension and enhancing our Milpitas High School academies.
b. Russell Middle School is now a distinguished school based on its data in the dashboard which can be found by googling CDE dashboard.
c. Calaveras Hills High School applied for, was reviewed and visited by the state, and is now a model alternative High School for the state of California.
C. Emergency Management Report (OEM Coordinator Charlop):
a. New Member CERT class 4/6, 4/13, 4/20 registration is around 12 attendees so far.
b. OEM will work with RACES to develop a RACES/CERT drill on May 11 for current CERT members.
c. RACES: removed RACES gear from the OEM portable. They have inventoried the equipment and are waiting on $10k in grant funding to replace old equipment.
D. Fire (BC Severson):
a. Women’s history month (Kristen Cunningham- Heather Fisher) b. MFD re-classified a haz-mat inspector position to a 40-hour battalion chief spot.
c. FF recruitment
d. Joint Fire PD EOC/PSAP
e. MFD welcomed a new Haz Mat inspector.
f. MFD hosting mass casualty incident drill on 4/21/24.
E. Police (Lt. Sanchez):
a. Lt. Sanchez provided current staffing numbers. MPD continues to look to hire new officers.
b. Lt. Sanchez provided the AB481 draft report presentation.
ADJOURNMENT Chair Berryhill adjourned the meeting at 8:06 PM Next meeting is May 16,2024
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Granting Acceptance of ARPA Park Rehabilitation Phase 1, Project No. 3500, Authorizing the Public Works Director to File a Notice of Completion, and Authorizing the City to Issue a Notice of Final Acceptance after the One-Year Warranty (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Community Development
Meeting Date: 5/21/2024
Recommendation: Adopt a resolution granting acceptance of ARPA Park Rehabilitation Phase 1, Project No. 3500, authorizing the Public Works Director to file a Notice of Completion, and authorizing the Public Works Director to issue a Notice of Final Acceptance after the one-year warranty.
BACKGROUND:
On August 9, 2021, the City Council approved an allocation of $4,386,815 of American Rescue Plan Act (ARPA) funding to address immediate health and safety and short-term improvements of parks in critical and poor condition at 20 parks identified in the Parks and Recreation Master Plan adopted in December 2021. On December 6, 2022, the City Council awarded a construction contract to G&G Builders Inc. for the ARPA Park Rehabilitation Phase 1, Project No. 3500 in the amount of $1,116,000 for the rehabilitation of nine (9) parks.
This project is partially funded by a Per Capita Grant from the State Department of Parks and Recreation in the amount of $224,543 to be allocated for park improvements at Sunnyhills Augustine Park.
The nine (9) parks in Phase 1 included Sunnyhills Augustine Memorial, Cerano, John McDermott, O’Toole Elms, Parc Metro Central, Parc Metro East, Pinewood, Selwyn, and Tom Evatt. This project provided much needed play structure and play surface repairs while updating the parks to current Certified Playground Safety Inspector (CPSI) standards. Phase 1 was mostly completed in December 2023 except for some minor enhancements at Sunnyhills Augustine Memorial, Cerano, and Selwyn Parks completed in April 2024.
On April 2, 2024, the City Council awarded a construction contract to Bay Construction Co. for ARPA Parks Rehabilitation Phase 2, Project 3501 to address healthy and safety repairs and short-term improvements of parks in “poor” and “critical” conditions at 13 parks. Phase 2 will focus on ADA compliance, replacing aging site furnishings, improving and repairing picnic areas and pathways, improving fitness station and playground areas, and upgrading restroom fixtures to comply with current 2022 Building Codes. A total of $120,000 in project savings from Phase 1 was reallocated to fund Phase 2.
ANALYSIS:
ARPA Park Rehabilitation Phase 1, Project No. 3500 was successfully completed on time and within budget.
Staff recommends that City Council adopt a resolution granting acceptance of the Project and authorizing the Public Works Director to file a Notice of Completion in accordance with the provisions of Section 9204 of the Civil Code. Staff also recommends the City Council authorize the Public Works Director to issue a notice of final acceptance after the one-year warranty period without further City Council action, provided that all warranty work is completed to the satisfaction of the Public Works Director.
POLICY ALTERNATIVE:
Alternative: Do not adopt Resolution and deny Project acceptance, deny filling a notice of completion and not begin the one-year warranty.
Pros: None
Cons: A denial would result in the City being unable to commence the one-year warranty, release the retention to the Contractor and release any funds remaining back into the Project budget.
Reason not Recommended: Denial would result in the City being unable to close out the Project and release any funds remaining back into the Project budget.
FISCAL IMPACT:
No additional funding is requested for ARPA Park Rehabilitation Phase 1, Project No. 3500 as the project is now complete. The Public Works Department has sufficient budget for ongoing maintenance of these parks.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
This Project is exempt from CEQA under Class 1 - Section 15301 - Existing Facilities because they relate to the operation, repair, maintenance or minor alterations to a public facility involving no or negligible expansion of use.
RECOMMENDATIONS:
Adopt a resolution granting acceptance of ARPA Park Rehabilitation Phase 1, Project No. 3500, authorizing the Public Works Director to file a Notice of Completion, and authorizing the Public Works Director to issue a Notice of Final Acceptance after the one-year warranty.
ATTACHMENTS:
(a) Resolution
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS GRANTING ACCEPTANCE OF ARPA PARK REHABILITATION PHASE 1, PROJECT NO. 3500 WHEREAS, the City of Milpitas has heretofore entered into a contract with G&G Builders Inc., for ARPA Park Rehabilitation Phase 1, Project No. 3500, in the amount of $1,218,473.37 (“Project”), and the Public Works Director of the City of Milpitas has recommended acceptance of said improvements as completed in accordance with plans, specifications and approved change orders and correction lists, and in accordance with the final inspection of said Public Works Director.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City of Milpitas does hereby accept said improvements as completed on this 21st day of May, 2024, and does hereby authorize and direct the Public Works Director of the City of Milpitas to file a Notice of Completion in accordance with the provisions of Section 9204 of the Civil Code of the State of California, and does hereby authorize and direct the Public Works Director to file a Certificate of Completion in accordance with the provisions of Section 4005 of the Government Code of the State of California, if said work was by day’s labor or force account.
3. The City Council authorizes the Public Works Director to issue the Notice of Final Acceptance after the one-year warranty period without further City Council action, provided all required warranty repairs are completed to the satisfaction of the Public Works Director; and nothing herein contained shall in any way be deemed to be a waiver, release or relinquishment by City of any obligations imposed upon the contractor or its surety, or sureties, by law or by the above-referenced improvement contract, save and except those obligations specifically mentioned herein.
PASSED AND ADOPTED this _________ day of ________, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
2 Resolution No. ____
ATTEST: APPROVED:
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
Michael Mutalipassi, City Attorney
3 Resolution No. ____
Recording Requested by and
When Recorded Mail to:
City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035
Attention: City Clerk
Record without fee under
Section 6103 - Government Code
State of California
CITY OF MILPITAS
NOTICE OF COMPLETION
(Civil Code Section 9204)
NOTICE IS HEREBY GIVEN:
1. On or about December 19, 2022, the City Council of the City of Milpitas, a municipal corporation of the State of California, whose address is City Hall, 455 East Calaveras Boulevard, Milpitas, California, 95035 (as owner) entered into a contract for work of: ARPA Park Rehabilitation Phase 1, Project No. 3500.
2. A description of the site of which the City is co-owner for said work of improvement is: Sunnyhills Augustine Memorial, Cerano, John McDermott, O’Toole Elms, Parc Metro Central, Parc Metro East, Pinewood, Selwyn, and Tom Evatt Parks in the City of Milpitas, Santa Clara County, California, more particularly described on the plans.
3. The name and address of the direct contractor is: G&G Builders Inc., 4542 Contractors Place, Livermore, CA 94551.
4. A general statement of the kind of work done or materials furnished to the City is as follows: The Project provides for the much needed play structure and play surface repairs while updating the parks to current Certified Playground Safety Inspector (CPSI) standards at nine (9) parks.
5. Said work of improvement was accepted by the Milpitas City Council as complete on May 21st, 2024. ************************************************************************************* I, the undersigned, declare that I am the Public Works Director of the City of Milpitas and am authorized to execute the foregoing Notice of Completion and this Verification thereof. I have read the foregoing Notice of Completion. I declare under penalty of perjury that the foregoing Notice of Completion is true and correct. Executed on ________, 2024 at Milpitas, California. __________________________________
Christian Di Renzo, Public Works Director,
City of Milpitas
_____________________________________________________________________________________ NOTE: RECORD WITHIN 15 DAYS OF ACCEPTANCE WITH COUNTY RECORDER OF
SANTA CLARA COUNTY
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive Final Update on Storm Drain System Emergency Repairs and Improvements at Evans Road and Piedmont Creek, Terminate the Emergency Declaration, and Adopt a Resolution Granting Acceptance of the Emergency Declaration - Storm Drain System Repairs and Improvements (Staff Contact:
Christian Di Renzo, Public Works Director, 408-586-2602) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/21/2024
Recommendation: (1) Receive an update on the emergency repairs and improvements at Evans Road and Piedmont Creek; (2) Approve the termination of the emergency declaration; and (3) Adopt a resolution granting acceptance of Storm Drain System Repairs and Improvements at Evans Road and Piedmont Creek, Project No. 24-044 and 24-045, and authorizing the Public Works Director to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty.
BACKGROUND:
Pursuant to Public Contract Code section 22050 and the attached Council Resolution No. 9134, the Director of Public Works, in the case of emergency, may authorize a repair of a public facility and procure the work without giving notice for bids. An emergency is defined as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Additionally, State law requires the Public Works Director, as the City official with delegated authority to take emergency action, to report any emergency authorization and the reason(s) for the authorization to the City Council not later than seven days after the action, or at its next regularly scheduled meeting, if that meeting will occur not later than 14 days after the action. Further, the Public Works Director is required to report why the emergency would not permit a delay resulting from a competitive solicitation for bids and the City Council is required to review the emergency action at every regularly scheduled meeting thereafter until the emergency repair is completed. The City Council shall continue to review the emergency action at every regularly scheduled meeting thereafter until the action is terminated. At each review, the City Council shall determine, by a four-fifths vote, whether there is a need to continue the action.
Consistent with applicable State law and Council Resolution 9134, on November 21, 2023, the Public Works Director declared an emergency and authorized the City to contract with local contractor, Able Construction Inc., for the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek. Further, the Public Works Director informed the City Council within the required timeframe via the attached Information Memorandum on November 21, 2023 regarding the emergency authorization, the reasons for the authorization, and the cost for repair in the amount of $137,519.
ANALYSIS:
The City entered into two agreements with Able Construction Group, Inc. (Contractor) on December 14, 2023 and December 18, 2023 for storm drain repairs and improvements at Evans Road and Piedmont Creek, respectively. Subsequently, the City issued a Notice-to-Proceed to the Contractor to commence work beginning December 18, 2023.
Prior to any field activities taking place and consistent with Public Works standard procedures, the Contractor is required to provide the City with a project schedule, submittals of approved materials and products to be used for the project as well as a traffic and pedestrian control plan, should any City right-of-way be impacted by the construction activities.
The City conducted a kick-off meeting with the Contractor on January 17, 2024. It was determined the Project would not affect the right-of-way; therefore traffic or pedestrian control was not required at that time. The Contractor provided the City with submittals of products and materials to be used for both phases of the project, which the City reviewed and approved. The Contractor commenced the construction activities on Piedmont Creek the week of February 12, 2024 and substantially completed the improvements the week of February 20, 2024 per project plans and specifications. The first progress payment for improvements at Piedmont Creek was submitted the week of March 4th. The work at Evans Road commenced the week of February 20, 2024 and was substantially completed the week of March 18, 2024. A change order was issued for fabrication and installation of the metal grate cover for the concrete storm drain inlet in the amount of $8,795. Fabrication of the metal grate was completed on April 26th and installed on April 29th. The schedule of this phase was prolonged due to the lead time of fabrication and delivery of a non-standard metal grate cover.
The City performed a site walkthrough on April 23, 2024 to ensure the improvements at both locations were completed per project plans and specifications and were satisfactorily restored to pre-construction conditions. A punch-list was issued for any outstanding items which were completed within a few days.
The Public Works Director has determined that emergency repairs for storm drain improvements at Piedmont Creek and Evans Road have been completed and is therefore terminating the emergency declaration.
Staff recommends that City Council adopt a resolution (Attachment) granting acceptance of the Project and authorizing the Public Works Director to file a Notice of Completion in accordance with the provisions of Section 9204 of the Civil Code. Staff also recommends the City Council authorize the Public Works Director to issue a notice of final acceptance after the one-year warranty period without further City Council action, provided that all warranty work is completed to the satisfaction of the Public Works Director.
POLICY ALTERNATIVE:
Alternative: Do not rescind the emergency declaration, do not adopt Resolution, deny Project acceptance, and deny filling a notice of completion and not begin the one-year warranty.
Pros: None
Cons: A denial would result in the City being unable to rescind the emergency declaration and commence the one-year warranty, release the retention to the Contractor and release any funds remaining back into the Project budget.
Reason not Recommended: Denial would result in the City being unable to close out the Project and release any funds remaining back into the Project budget.
FISCAL IMPACT:
Funding for the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek was encumbered through the Capital Improvement Program Project No. 3715 - Storm Drain System Rehabilitation Project in the amount of $146,314. Funding source comes from the Storm Drain General Fund and Storm Drain Fund.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The emergency repair work is exempt from CEQA, per CEQA Guidelines Section 15301, Existing Facilities and 15302, Replacement or Reconstruction.
RECOMMENDATIONS:
(1) Receive an update on the emergency repairs and improvements at Evans Road and Piedmont Creek; (2) Approve the termination of the emergency declaration; and (3) Adopt a resolution granting acceptance of Storm Drain System Repairs and Improvements at Evans Road and Piedmont Creek, Project No. 24-044 and 24-045, and authorizing the Public Works Director to file a Notice of Completion, and to issue a Notice of Final Acceptance after the one-year warranty.
ATTACHMENTS:
Resolution
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS GRANTING
ACCEPTANCE OF EMERGENCY DECLARATION STORM DRAIN SYSTEM REPAIRS AND IMPROVEMENTS AT EVANS ROAD AND PIEDMONT CREEK, PROJECT NO. 24-044 AND 24-045
WHEREAS, the City of Milpitas has heretofore entered into a contract with Able Construction Group, Inc., for Emergency Declaration Storm Drain System Repairs and Improvements at Evans Road and Piedmont Creek, Project No. 24-044 and 24-045, in the amount of $146,314 (“Project”), and the Public Works Director of the City of Milpitas has recommended acceptance of said improvement as completed in accordance with plans, specifications and approved change orders and correction lists, and in accordance with the final inspection of said Public Works Director.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City of Milpitas does hereby accept said improvement as completed on this 21st day of May, 2024, and does hereby authorize and direct the Public Works Director of the City of Milpitas to file a Notice of Completion in accordance with the provisions of Section 9204 of the Civil Code of the State of California, and does hereby authorize and direct the Public Works Director to file a Certificate of Completion in accordance with the provisions of Section 4005 of the Government Code of the State of California, if said work was by day’s labor or force account.
3. The City Council authorizes the Public Works Director to issue the Notice of Final Acceptance after the one-year warranty period without further City Council action, provided all required warranty repairs are completed to the satisfaction of the Public Works Director; and nothing herein contained shall in any way be deemed to be a waiver, release or relinquishment by City of any obligations imposed upon the contractor or its surety, or sureties, by law or by the above-referenced improvement contract, save and except those obligations specifically mentioned herein.
PASSED AND ADOPTED this _________ day of ________, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
2 Resolution No. ____
ATTEST: APPROVED:
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
Michael Mutalipassi, City Attorney
3 Resolution No. ____
Recording Requested by and
When Recorded Mail to:
City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035
Attention: City Clerk
Record without fee under
Section 6103 - Government Code
State of California
CITY OF MILPITAS
NOTICE OF COMPLETION
(Civil Code Section 9204)
NOTICE IS HEREBY GIVEN:
1. On or about December 14, 2023, the City Council of the City of Milpitas, a municipal corporation of the State of California, whose address is City Hall, 455 East Calaveras Boulevard, Milpitas, California, 95035 (as owner) entered into a contract for work of: Emergency Declaration Storm Drain System Repairs and Improvements at Evans Road and Piedmont Creek, Project No. 24- 044 and 24-045.
2. A description of the site of which the City is co-owner for said work of improvement is: 666 Evans Road and Piedmont Creek in the City of Milpitas, Santa Clara County, California, more particularly described on the plans.
3. The name and address of the direct contractor is: Able Construction Group Inc, 1020 Ruff Drive, San Jose, CA 95110.
4. A general statement of the kind of work done or materials furnished to the City is as follows: The Project provides for storm drain system and creek vortex weir repairs.
5. Said work of improvement was accepted by the Milpitas City Council as complete on ________, 2024.
************************************************************************************* I, the undersigned, declare that I am the Public Works Director of the City of Milpitas and am authorized to execute the foregoing Notice of Completion and this Verification thereof. I have read the foregoing Notice of Completion. I declare under penalty of perjury that the foregoing Notice of Completion is true and correct. Executed on ________, 2024 at Milpitas, California. __________________________________
Christian DiRenzo, Public Works Director,
City of Milpitas
_____________________________________________________________________________________ NOTE: RECORD WITHIN 15 DAYS OF ACCEPTANCE WITH COUNTY RECORDER OF
SANTA CLARA COUNTY
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve Agreements and Related Amendments with the County of Santa Clara for the Collection of AB939 Implementation Fees and Administration of the Countywide Household Hazardous Waste (HHW) Collection Program (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Elaine Marshall, Deputy Public Works Director, 408-586-2603)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/21/2024
Recommendation: Approve and authorize the City Manager to execute two agreements and related amendments with the County of Santa Clara for (1) Collection of AB939 Implementation Fees and (2) Administration of the Countywide Household Hazardous Waste (HHW) Collection Program for the term July 1, 2024 – June 30, 2027.
BACKGROUND:
The California Integrated Waste Management Act (IWMA) of 1989 (AB939) requires jurisdictions to enact plans and to implement programs to meet the mandatory state waste diversion goals of 25% by 1995 and 50% by 2000. As a result, the City of Milpitas, along with other California local jurisdictions including the Santa Clara County cities and the County of Santa Clara, developed plans and implemented programs to divert solid waste from landfills through source reduction, recycling, and composting activities. In 1992, Santa Clara County established a Countywide AB939 Implementation Fee to pay for the costs of preparing, adopting, and implementing these integrated waste management plans and programs. The AB939 Fee is imposed on every ton of waste that is landfilled or incinerated in Santa Clara County. The Santa Clara County Board of Supervisors has approved reimposing the AB939 Fee for Fiscal Years 2025, 2026, and 2027 (July 1, 2024 through June 30, 2027) at $4.10 per ton of waste landfilled or incinerated in the County. The Fee consists of two parts: 1) a Program Fee of $1.50 per ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in the fifteen incorporated cities and unincorporated area of the County; and 2) a Household Hazardous Waste (HHW) Fee of $2.60 per ton to provide funding to implement the Countywide Household Hazardous Waste Program.
Household hazardous waste products are prohibited from landfills and require proper handling and disposal.
The Countywide HHW program collects household hazardous materials such as batteries, electronics, fluorescent and LED lightbulbs, household cleaners, and paint, and properly disposes of them.
The County of Santa Clara continues to coordinate and execute annual agreements with participating cities (Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San José, Santa Clara, Saratoga and Sunnyvale) which authorize the County to collect the fees, remit the Program Fee to local jurisdictions, and retain the HHW Fee for program administration and implementation.
ANALYSIS:
Agreement for Countywide AB939 Implementation Fee
The Agreement for the Countywide AB939 Implementation Fee authorizes the County to collect fees from July 1, 2024 through June 30, 2027, upon approval by all participating cities and the County, and continues funding local solid waste and recycling program planning and implementation. Per this agreement, the County will continue to collect $4.10 per ton of waste disposed at landfills within the County in Fiscal Years 2025, 2026 and 2027. This fee has not increased since FY 2009-2010. From this fee, the County will remit $1.50 per ton to the city of waste origin. Through this agreement the City of Milpitas has annually received approximately $120,000 to $150,000, which is recognized as revenue in Fund 280 Solid Waste Reduction and Services Fund.
The fund supports the City’s implementation of the solid waste and recycling program.
Agreement for Countywide Household Hazardous Waste (HHW) Collection Program The Countywide HHW Collection Program agreement allows Milpitas to continue participation in the County’s long-standing HHW program and services from July 1, 2024 to June 30, 2027. In keeping with previous renewals, each cycle of these agreements covers a three-year period (the current agreement expires on June 30, 2024). After the first year of the HHW Collection Program agreement, each City executes a First Amendment, then a Second Amendment in the final year, before the agreements must be renewed for a new three-year cycle. The amendments provide an annual funding projection based on estimated participation rates and a funding reconciliation based on actual participation numbers.
The County HHW program allows residents to bring HHW to either free temporary HHW drop-off events throughout the County, including an annual event in Milpitas, or to make an appointment to drop-off HHW at the permanent sites in San José or San Martin. Due to required safety protocols for handling of HHW, the County HHW Program drop-off events are held separate from other cleanup events. In fiscal year 2023, Milpitas residents disposed of 1,432 loads through the HHW program. This amount includes the annual temporary event hosted by Milpitas (June 2023), in which the HHW program collected 551 total loads, of which 519 were from Milpitas residents.
The County will use the HHW Fee portion of the AB939 fees ($2.60 per ton) to provide HHW collection services to residents throughout the County. The County administers the funds and deducts the costs of providing the HHW program out of the annual fees collected on waste originating from Milpitas. Any funds in excess of those needed to provide the HHW program on behalf of the City will be returned to the City.
Conversely, if HHW program costs are higher than Milpitas’s annual AB939 fees, the City will be invoiced by the HHW program to cover the delta. Each year, the program aims to serve approximately 4% of households in each jurisdiction (estimated at 1,031 loads); the projected participation for next fiscal year is up to 1,429 loads.
Historically, the City of Milpitas has received refund checks from HWW fees each year because the costs of the HHW program are less than the total HHW fees collected on waste from Milpitas. However, beginning last fiscal year, the HHW program costs exceeded the HHW fees and the City was invoiced for the difference (approximately $28,000). Several factors contributed to the higher HHW costs and lower AB939 fees:
• Decreased AB939 fees received: As residents are recycling more, and food waste is being diverted from the landfills due to legislation such as Senate Bill 1383, cities are seeing decreased disposal tonnages which equates to decreased AB939 fees received. • Decreased Used Oil Grant Amounts: The County applies for, and administers, the Used Oil Grant on behalf of the majority of cities in Santa Clara County, including Milpitas. These grant funds are used to offset the cost of the HHW program; however, the grant amounts have been decreasing. CalRecycle cites the rise of electric vehicles and less motor oil and fewer filters used as the reason for this decrease.
• Higher participation rates: Except for Fiscal Year 2020, when the HHW program was shut down for most of the year due to COVID-19, HHW participation rates have been steadily increasing. Increased participation leads to higher program costs.
• Higher labor and staff costs: The County’s staffing and labor costs continue to increase. • Higher contract disposal fees: The County’s disposal contract costs have increased in the past few years.
• Increased costs for the San José Las Plumas facility: The lease amount, maintenance, and operations costs of the San José Las Plumas Facility have increased significantly in the upcoming HHW Agreement.
These increased costs are affecting all participating jurisdictions. In the most recent fiscal year, every participating jurisdiction, with the exception of Gilroy, was invoiced for additional HHW program expenditures.
In the upcoming fiscal year, Milpitas is projected to owe the County up to $79,341. The final amount will depend on actual participation and will be calculated by the County and reconciled at the end of the fiscal year.
Every other participating jurisdiction is also projected to owe a balance to the HHW program. This additional amount may be funded from savings in the Public Works Solid Waste Program Operating Budget.
Staff will work with Milpitas Sanitation Inc. during the upcoming solid waste rate setting review to evaluate increasing the Solid Waste Compliance fee to support ongoing additional costs of the HHW program.
Continued participation in the Countywide HHW program is essential in keeping HHW out of landfills and preventing illegally dumping in the City.
POLICY ALTERNATIVE(S):
Alternative 1: Do not participate in either agreement and create a standalone HHW program for the City of Milpitas to comply with AB939.
Pros: Creating an individual HHW program allows for more customization and flexibility.
Cons: Failure to participate in the Countywide AB939 implementation fee would mean the City would lose the revenue collected from the AB939 Fee, estimated at $120,000 to $150,000 annually. Additionally, neither the City of Milpitas nor Milpitas Sanitation Inc. has the capacity, space, or expert knowledge required to operate a specialized collection program for flammable, corrosive, and/or toxic chemicals.
Reason for Not Recommending: The City of Milpitas does not have the capacity or specialized knowledge required to create and operate its own AB939-compliant HHW program. By participating in a coordinated effort with other participating cities, Milpitas is also able to take advantage of economies of scale and consistent services with surrounding cities. It is in the best interest of the City to continue to participate in the Countywide AB939 program and receive the associated fee revenue to fund City-specific solid waste and recycling programs.
FISCAL IMPACT:
The City receives approximately $120,000 to $150,000 annually from the AB939 implementation fee. This is recognized as a source of revenue for the City Solid Waste Reduction and Services Fund.
The projected fund balance of the Solid Waste Reduction and Services Fund at the end of FY 23-24 is $1,483,670.
The estimated additional cost to the City for the Countywide HHW Program costs is estimated at up to $79,341. Staff anticipates that additional cost may be funded from savings in the Public Works Solid Waste Program Operating Budget or, if needed, from the fund balance in the Solid Waste Reduction and Services Fund.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The item is exempt from CEQA as there will be no physical change to the environment. o The action is a fiscal activity of the City government or an action to create a City government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.
RECOMMENDATION:
Approve and Authorize the City Manager to execute two Agreements and related amendments with the County of Santa Clara for (1) Collection of AB939 Implementation Fees and for (2) Administration of the Countywide Household Hazardous Waste (HHW) Collection Program covering July 1, 2024 – June 30, 2027.
ATTACHMENT(S):
(a) Agreement with County of Santa Clara for AB939 Implementation Fees for Fiscal Years 2025-2027 (b) Agreement with County of Santa Clara for Household Hazardous Waste Collection Program for Fiscal Years 2025-2027
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE
This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View, Palo Alto, San José, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the _________ day of ____________ 2024. The term CITIES may refer to CITIES collectively or individually.
RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan; WHEREAS, State law, Public Resource Code Section 41750, requires that the countywide integrated waste management plans contain a household hazardous waste (“HHW”) element for each city within the county as well as for the unincorporated area of the county; WHEREAS, the Board of Supervisors of the County of Santa Clara (“Board”) has imposed a Countywide AB939 Implementation Fee (“Fee”) since July 1, 1992 to pay for the costs of preparing, adopting, and implementing integrated waste management plans and programs, including HHW program elements;
WHEREAS, the Board has approved reimposing the Fee for Fiscal Years 2025, 2026, and 2027 (July 1, 2024 through June 30, 2027) at $4.10 per ton of waste landfilled or incinerated in the County; received at any nondisposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; and removed from any location in the County by any person or business for disposal or incineration outside the County; WHEREAS, HHW programs provide household hazardous waste management services to residents of Santa Clara County and are necessary to meet HHW planning and management requirements under State law;
WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground or in any other manner which creates a health or environmental hazard. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and batteries; and
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
WHEREAS, the County will collect the Fee on behalf of the fifteen cities and for the unincorporated area of the County and will apportion the Fee according to the terms of this Agreement.
NOW THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which the COUNTY will collect and distribute the Fee of $4.10 per ton of waste to be disposed in Fiscal Years 2025, 2026 and 2027. The Fee is divided into two parts: 1) a Program Fee of $1.50 per ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in the fifteen cities and the unincorporated area of the County; and 2) a Household Hazardous Waste Fee of $2.60 per ton to provide funding to implement the Countywide HHW Program. The Program Fee will be allocated among the CITIES and COUNTY as described in Exhibit B, attached hereto and incorporated herein. The HHW Fee will be allocated to the COUNTY, CITIES, and Countywide HHW Program as described in Exhibit C, attached hereto and incorporated herein. The Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County.
Non-Disposal Facilities are defined as those facilities included in the County of Santa Clara NonDisposal Facility Element (and subsequent amendments to that Element) and are listed in Exhibit A, attached hereto and incorporated herein.
2. SERVICES PROVIDED BY COUNTY
COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from landfills and non-disposal facilities listed in Exhibit A, and any landfill or non-disposal facility subsequently permitted, on a quarterly basis using data from tonnage reports filed by landfill and non-disposal facility operators with the County Recycling and Waste Reduction Division.
COUNTY shall require each landfill and non-disposal facility to submit required payment, documentation of tonnages disposed, and state-mandated Disposal Reporting System Reports on a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions and/or payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will research Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY in significant amounts to determine the identity of the hauler. That hauler will subsequently be billed in the same fashion subject to the same penalties as mentioned above. Collected funds and any late filing payments and delinquency penalties shall be distributed to CITIES and Countywide HHW Program based on the formula set forth in Exhibits B and C. COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non-disposal facility operators.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
/ /
3. ROLE OF CITIES
CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate documentation, errors in waste allocations among jurisdictions.
4. COLLECTION AND USE OF FEE
Each ton of waste will be subject to the fee if it is landfilled or incinerated in the County; received at any non-disposal facility or collection facility in the County and subsequently transported for disposal or incineration outside the County; collected from any location within the County by a solid waste hauler operating under franchise, contract, license, or permit issued by a local jurisdiction and subsequently transported for disposal or incineration outside the County; or removed from any location in the County by any person or business for disposal or incineration outside the County. Best efforts will be made to prevent tonnage from being assessed a double fee (for instance, once at a non-disposal facility and again at a landfill within Santa Clara County). The Program Fee funding share paid to CITIES shall be used to assist in funding the CITIES’ costs of preparing, adopting, and implementing the integrated waste management plan of each of the CITIES and the unincorporated area of the COUNTY. The HHW Fee portion shall be applied to fund the costs of CITIES’ share of Countywide Household Hazardous Waste services; any HHW fees directly disbursed to CITIES as provided in this Agreement shall be used to fund the costs of preparing, adopting, and implementing the jurisdiction’s HHW element of the Countywide integrated waste management plan, including providing HHW services to residents.
5. INSURANCE
Each party shall maintain its own insurance coverage, through third party insurance, selfinsurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance of its responsibilities pursuant to this Agreement. CITIES agree to provide evidence of such insurance to COUNTY via Certificate of Insurance or other documentation acceptable to the COUNTY upon request.
6. INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the parties agree that each of the parties hereto shall fully indemnify and hold each of the other parties harmless from any claim, expense or cost, damage or liability arising out of, or in connection with, performance of its responsibilities pursuant to this Agreement and as described in Exhibit D.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
Additionally, CITIES shall indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, arising from any misuse of the Fee distributed to CITIES.
COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, brought by third parties based on COUNTY’s sole negligence in the collection or distribution of said Fees.
7. DISTRIBUTION OF FEE
COUNTY shall distribute the AB939 Program Fee to CITIES and the HHW Program Fee to the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non-disposal facility payments and disposal documentation required for calculation of Fee distribution amounts. Distributions shall begin December 15, 2024, and continue quarterly through October 15, 2027.
8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM
CITIES, at their option, may individually participate in the Countywide HHW Program by entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
9. LATE PAYMENTS
If Fee payments and disposal documentation are not received from landfill or nondisposal facility operators prior to scheduled distribution of payments to CITIES and the Countywide HHW Program, payment distribution shall be calculated on a pro rata share of monies received. Upon collection, late payments and accrued delinquent penalties, if any, shall be distributed among CITIES and the Countywide HHW Program according to the formula in Exhibits B and C.
10. ACCOUNTING
COUNTY shall maintain records of all transactions related to collection, use and distribution of the Fee for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. Such records will be available for inspection upon written request by CITIES, and will include but not be limited to tonnage reports submitted by landfills and non-disposal facilities, waste stream documentation provided by cities, payments made by the landfills and non-disposal facilities to the COUNTY and by the COUNTY to CITIES, and expenditures for programmatic and overhead costs.
11. REQUEST FOR REVIEW
In the event CITIES have a dispute regarding the calculation of its share of the Fee or the distribution or use of the Fee, CITIES may request in writing a review by COUNTY within 10
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
days of receipt of their Fee allocation. The review shall be performed within 30 days of request and results shall be reported to CITIES in writing.
/ /
/ /
12. EFFECTIVE DATE OF AGREEMENT
This agreement is effective upon approval by all fifteen CITIES and the COUNTY.
13. AMENDMENT
This Agreement may be amended only by an instrument signed by all fifteen CITIES and the COUNTY.
14. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties.
15. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2024 to June 30, 2027, or until all funds from the last quarter’s Fee payments have been distributed, whichever is later. COUNTY shall bill the operators of the landfills and non-disposal facilities listed in Exhibit A for the Fee commencing with the Quarter ending September 30, 2024. Said landfills and non-disposal facilities will be billed for the Fee through June 30, 2027.
16. NOTICES
All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such address as the party may designate in writing in accordance with this section.
City of
Contact:
Title:
Address:
County of Santa Clara
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
Contact: Recycling and Waste Reduction Program Manager
Program: Integrated Waste Management Services
Address: 1553 Berger Drive, Building 1
San José, CA 95112
/ /
/ /
17. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
18. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designees.
19. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.
20. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.
/ /
/ /
/ /
/ /
/ /
/ /
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
/ /
/ /
/ /
/ /
/ /
IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:
Date: COUNTY OF SANTA CLARA
JAMES R. WILLIAMS
County Executive
Date: CITY”
CITY/TOWN OF
Title
A municipal corporation
APPROVED AS TO FORM AND LEGALITY:
Willie Nguyen
Deputy County Counsel
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
EXHIBIT A
LANDFILLS LOCATED IN SANTA CLARA COUNTY
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Pacheco Pass Sanitary Landfill
Palo Alto Refuse Disposal Area
Zanker Materials Processing Facility
Zanker Road Landfill
NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN
SANTA CLARA COUNTY
Butterick Enterprises Recyclery
California Waste Solutions Recycling & Transfer Station City of Palo Alto Green Composting Facility
ComCare Farms Composting Facility
Environmental Management Systems Facility
Green Waste Recovery Facility
Mission Trail Waste Systems, Inc.
Newby Island Compost Facility
Pacheco Pass Landfill Composting Facility
Pacific Coast Recycling, Inc.
Premier Recycling Facility
The Recyclery at Newby Island
San Martin Transfer Station
Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Z-Best Composting Facility
Zanker Materials Processing Facility
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
EXHIBIT B
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Each of the CITIES, and the COUNTY for its unincorporated area, will receive $1.50 per ton of solid waste disposed of in landfills or taken to non-disposal facilities located in Santa Clara County that originates from that jurisdiction, as documented in quarterly reports submitted by the County to the State Disposal Reporting System.
Fees collected from undocumented disposed tonnage, or tonnage originating outside of Santa Clara County, will be distributed according to each jurisdiction’s percent of countywide population, according to the latest available population report issued by the California Department of Finance.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
EXHIBIT C
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM FEE (HHW Fee)
1. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section 41500 et seq. Public Resources Code Section 41901 authorizes imposition of a fee to support planning and implementation of integrated waste management programs, including their HHW elements. The HHW Fee, of $2.60 per ton, collected as part of the AB939 Implementation Fee, will be the primary source of funding for Countywide Household Hazardous Waste Collection Program (CoHHW Program) services.
Funds derived from the HHW Fee will be allocated among five types of CoHHW Program service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.”
B. San José Facility Use Surcharge will be apportioned based on CITIES’ anticipated participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José.
C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation, and other services provided to residents at the County HHW Collection Facilities and at temporary HHW collection events. The Variable Cost Per Car is based on the estimated cost of providing a base level service to 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.”
D. Available Discretionary Funding is allocated based on tonnage generated per participating jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.
E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Public Resources Code Section 41904.
/ /
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
/ /
2. FIXED PROGRAM COST
Funds shall be allocated on a per household basis for Fixed Program Costs at the conclusion of each Fiscal Year. This portion of the funds shall be distributed directly to the Countywide HHW Program to pay for HHW Program costs. Fixed Program Costs funding shall be calculated shall not exceed $5.07 per household in Fiscal Years 2025, 2026, and 2027. Fixed Program Costs may include, but are not limited to, eleven (11) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance, and union negotiated salary and benefit changes.
3. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the cost to the County to dispose of abandoned waste allocated among participating jurisdictions based on their proportional share of the County population and shall not exceed $0.05 per household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $.05 per household are set forth in Attachment A, attached hereto and incorporated herein.
Any existing unexpended non-profit abandoned waste fund balance may be allocated toward funding of disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as defined in Public Resources Code Section 41904.
For the purposes of this agreement, a nonprofit charitable reuse organization has the definition provided in Public Resources Code Section 41904 as follows: “Nonprofit charitable reuser” means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials.
4. SAN JOSÉ FACILITY USE SURCHARGE
The total San José Facility Use Surcharge for CITY will be based on CITY residents’ proportional participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José. The San José Facility Use Surcharge will vary depending on facility usage but will not exceed $8.09 per car for Fiscal Years 2025, 2026, and 2027. The total San José Facility Use Surcharge for CITY will be based on CITY’s participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José.
5. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County HHW Collection
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
Facilities and Temporary Events. This portion of the funds shall be distributed directly to the Countywide HHW Program. The Variable Cost Per Car is estimated to be $66.02 per car for Fiscal Years 2025, 2026, and 2027. The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed costs and San José Facility Use Surcharge are allocated on a per household basis, the variable cost per car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached, the Countywide HHW Program will use the remaining balance of funds, in cooperation with the CITIES, to increase public outreach and/or provide additional services in that jurisdiction where the level of 4% is not reached the following year.
6. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction and after allocation of Fixed Program Cost, San José Facility Use Surcharge, and Variable Per Car Cost. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in the jurisdiction by the Countywide HHW Program, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. CITIES authorize the COUNTY to determine appropriate uses of available discretionary funding and to use CITIES’ Available Discretionary Funding portion of the AB939 HHW Fee to provide for additional HHW services requested by the CITIES.
7. PROGRAM FUNDING PASS-THROUGH
Annual funding calculations include HHW Fees collected on behalf of all jurisdictions in the County. CITIES, at their option, may participate in the Countywide HHW Program by entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. If CITIES elect to participate in the Countywide HHW Program, their pro-rata share of the HHW Fee shall be retained by the County to utilize for HHW Program costs, as provided in this Agreement and the Agreement for Countywide Household Hazardous Waste Collection Program. The COUNTY will distribute to CITIES not participating in the Countywide Household Hazardous Waste Collection Program their pro-rata share of funding received by the COUNTY from the HHW Fee, except that the COUNTY may retain and expend that portion of the non-participating CITIES’ fee attributable to Abandoned Waste Disposal Costs.
If CITIES not participating in the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to allow residents to participate in HHW Program services on an emergency basis, then services to these residents will be provided on a cost recovery basis. A charge equal to the established rates charged by the Countywide HHW Program to Conditionally Exempt Small Quantity Generators will be billed to the CITIES.
A CITIES’ representative must call the Countywide HHW Program appointment line to schedule
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
an appointment for the resident. Liability shall be apportioned as provided in Exhibit D to this Agreement.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
EXHIBIT D
SECTION 28 OF AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM
HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement.
Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program.
Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 23 of the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
CITY shall further indemnify COUNTY for CITY’s apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
liability for the household hazardous waste prior to assessing CITY’s apportioned share of any liability for the household hazardous waste.
COUNTY shall require Conditionally Exempt Small Quantity Generators (“CESQG”) and Nonprofit Charitable Reusers to indemnify COUNTY for, at minimum, their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for household hazardous waste.
Agreement for Countywide AB939
Implementation Fee FYs 2025- 2027
Agreement for Countywide Household
Hazardous Waste Collection Program Page 1 of 27
AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
This Agreement for Countywide Household Hazardous Waste Collection Program (“AGREEMENT”) is made by and between the (“CITY”) and the County of Santa Clara (“COUNTY”) on the day of 2024.
RECITALS
WHEREAS, the Board of Supervisors of the County of Santa Clara (“Board of Supervisors”) has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the unincorporated areas of the Santa Clara County and cities and towns within Santa Clara County participating in the Countywide program will have an opportunity to safely dispose of household hazardous wastes (HHW), regardless of the specific location at which the collection has been scheduled; and
WHEREAS, CITY desires to provide residents with convenient opportunities to safely dispose of their HHW in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health and/or environmental hazard; and WHEREAS, CITY desires to provide a safe, convenient, and economical means for residents to dispose of HHW. These wastes include, but are not limited to, common household products such as household cleaning products, furniture polish, solvents, oven cleaner, pesticides, oil-based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps, household batteries, and electronic waste; and
WHEREAS, CITY desires to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2025 through FY 2027 (July 1, 2024 – June 30, 2027); and WHEREAS, CITY desires to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in its jurisdiction; and WHEREAS, CITY desires to participate in the Countywide Household Hazardous Waste Collection Program to meet these objectives; and
WHEREAS, pursuant to Public Resources Code Section 41901, the Board of Supervisors has approved the collection of a $4.10 per ton Countywide AB939 Implementation fee, including a $2.60 per ton Household Hazardous Waste Fee (AB939 HHW Fee), for FY 2025 through FY 2027 (July 1, 2024 – June 30, 2027) on all wastes landfilled or incinerated within Santa Clara County, received at any non-disposal or collection facility located within Santa Clara County and subsequently transported for disposal or incineration outside of Santa Clara County, collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently
Agreement for Countywide Household
Hazardous Waste Collection Program Page 2 of 27
transported for disposal or incineration outside of Santa Clara County, or removed from any location in Santa Clara County by any person or business for disposal or incineration outside the county; and
WHEREAS, the AB939 HHW Fee is allocated to the Countywide Household Hazardous Waste Program and participating jurisdictions to fund HHW program costs in accordance with the terms of the Countywide AB939 Implementation Fee Agreement; and WHEREAS, CITY desires for COUNTY to utilize CITY’s share of the AB939 HHW Fee to provide HHW services for CITY residents.
NOW THEREFORE, CITY and COUNTY AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this AGREEMENT is to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating jurisdictions are those jurisdictions that enter into this AGREEMENT with the County.
2. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section 41500 et seq. State law authorizes cities and counties to impose fees in amounts sufficient to support planning and implementation of integrated waste management programs, including HHW elements. The AB939 HHW Fee, of $2.60 per ton, imposed by COUNTY as part of the AB939 Implementation Fee and collected and distributed in accordance with the Agreement for Countywide AB939 Implementation Fee will be the primary source of funding for CoHHW Program services. CITY agrees that COUNTY may utilize CITY’s share of the AB939 HHW fee to provide HHW Program services in accordance with the terms and conditions of this AGREEMENT.
Funds derived from the AB939 HHW Fee will be allocated among five types of CoHHW Program service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” B. San José Facility Use Surcharge will be apportioned based on CITY residents’ participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José, CA 95133.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 3 of 27
C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation, and other services provided to residents at the County HHW Collection Facilities and at temporary HHW collection events. The Variable Cost Per Car is based on the estimated cost of providing a base level service to 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” D. Available Discretionary Funding is allocated based on tonnage generated per participating jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.
E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Section 41904 of California Public Resources Code.
The projected AB939 HHW Fee Allocation by jurisdiction is set out in Attachment A, attached hereto and incorporated herein.
3. FIXED PROGRAM COST
Estimated HHW Fixed Program Costs are projected in Attachment B, attached hereto and incorporated herein. Fixed Program Costs are allocated to CITY at the conclusion of each fiscal year based on CITY’s proportional share of the County population and will not exceed $5.07 per household for Fiscal Years 2025, 2026, and 2027. Fixed Program Costs may include, but are not limited to, up to eleven (11) County HHW Program staff members, facility lease costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit changes.
4. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the cost to the County to dispose of abandoned waste allocated among participating jurisdictions based on their proportional share of the County population and shall not exceed $0.05 per household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $0.05 per household are set forth in Attachment A, attached hereto and incorporated herein.
For the purposes of this Agreement, “Nonprofit Charitable Reuser Organization” is defined in accordance with Section 41904 of California Public Resources Code as follows: a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 4 of 27
5. SAN JOSÉ FACILITY USE SURCHARGE
The total San José Facility Use Surcharge for CITY will be based on CITY residents’ proportional participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José. Estimated San José Facility Use Surcharges are projected in Attachment A, attached hereto and incorporated herein. The San José Facility Use Surcharge will vary depending on facility usage but will not exceed $8.09 per car for Fiscal Years 2025, 2026, and 2027.
6. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $66.02 per participating resident car for Fiscal Years 2025, 2026 and 2027. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs and San José Facility Use Surcharge are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in the CITY, the CoHHW Program may use the remaining balance of funds, in cooperation with the CITY, to increase public outreach and/or provide additional services in that jurisdiction the following year.
7. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.
Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e-waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. COUNTY has discretion to determine appropriate uses of Available Discretionary Funding in accordance with the terms and conditions in this Agreement, and to apply the funding toward those uses.
8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE
The County of Santa Clara Recycling and Waste Reduction Division will administer the AB939 HHW Fee, as part of the existing online disposal reporting and payment system.
Administration and payment will be made in accordance with the Agreement for Countywide AB939 Implementation Agreement. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5) years after the termination date of this Agreement, unless otherwise required by law
Agreement for Countywide Household
Hazardous Waste Collection Program Page 5 of 27
to retain such records for a longer period. CITY may request in writing a review by COUNTY of the Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to participating cities in writing.
9. PROGRAM PUBLICITY
The CoHHW Program shall produce and make available to the public an HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events and community fairs. The brochure may also be distributed, upon request, to cities within Santa Clara County and to Santa Clara County residents and businesses.
The CITY shall be responsible for developing and coordinating citywide awareness of the HHW Program. The CoHHW Program shall be responsible for Countywide public education for used oil recycling. CoHHW Program public awareness responsibilities shall include, but not be limited to, the following activities:
• Serving as the formal contact to the local media such as local newspapers and television news stations;
• Providing participating jurisdictions with educational materials developed for the CoHHW Program;
• Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions; • Representing the program through educational presentations at schools and businesses and attendance at community events such as local fairs and festivals; and • Providing participating jurisdictions opportunities to review and comment on the development of countywide outreach materials.
CITY’s public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited to, the following activities:
• Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication; • Developing and distributing HHW promotion communications to residents for local and CITY newsletters, newspapers and to the electronic media; • Providing the CoHHW Program with a copy of HHW promotion materials produced by the CITY;
• Conducting and supporting outreach and publicity to attain the goal of 4% of households in the CITY participating in the CoHHW Program; and • Providing the CoHHW Program a report summarizing all outreach activities conducted by the CITY during the fiscal year. The report is due 30 days after the end of the reporting period.
10. TEMPORARY HHW EVENTS
COUNTY shall conduct Temporary HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary
Agreement for Countywide Household
Hazardous Waste Collection Program Page 6 of 27
HHW Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events.
When COUNTY conducts a Temporary HHW Event in CITY’s jurisdiction, CITY agrees to provide solid waste and recycling services at such event at no cost to the CoHHW Program to ensure the proper management of non-hazardous waste generated at the event. Any additional expenses for such event incurred beyond the agreed-upon budget shall be subject to negotiation and mutual agreement between the COUNTY and the CITY.
To increase the Community’s awareness of and participation in any Temporary HHW Event in CITY’s jurisdiction, the CITY agrees to promote, at the CITY’s sole expense, each such event to the residents at least thirty (30) days in advance before the scheduled date. The promotion may include, but is not limited to, bill inserts, door hangers, flyers, in-person outreach events, newsletters, press releases, public service announcements, social media, television public access stations, websites, etc.
11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at two County Household Hazardous Waste Collection Facilities (CoHHWCF).
The CoHHWCF are located at:
♦ San Martin, 13055 Murphy Avenue, San Martin, CA 95046 ♦ San José, 1608 Las Plumas, San José, CA 95133
The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected.
12. RECYCLING AND DISPOSAL PROGRAM FOR VERY SMALL QUANTITY
GENERATORS
COUNTY will provide services to accept hazardous waste from Very Small Quantity Generators (VSQG) in accordance with Section 25218.3 of California Health and Safety Code, as amended from time to time. VSQG is defined in Section 25218.1(q) of California Health and Safety Code.
Eligible VSQGs include, but not limited to, small businesses, governmental entities, non-profit organizations, schools, special districts, etc. within the County so long as they meet the criteria as defined in Section 25218.1(q) of California Health and Safety Code. Eligible VSQGs will be allowed to bring their hazardous waste to CoHHWCF. These services to VSQGs located within the CITY will be provided on a cost recovery basis, which will include program administration,
Agreement for Countywide Household
Hazardous Waste Collection Program Page 7 of 27
on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for fee collection from participating VSQG.
The CITY may choose to pay for services for VSQG’s within the CITY and will notify the COUNTY in writing with 30-day advance notice in order to exercise this option. If the CITY exercises this option, the COUNTY will invoice the CITY for all costs associated with VSQG’s within the CITY. If CITY has available Discretionary Funding, COUNTY may use this funding to pay for VSQG costs.
13. ABANDONED HOUSEHOLD HAZARDOUS WASTE
The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and qualified nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a known organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee.
A) GOVERNMENT AGENCIES
Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program’s rates for VSQGs.
B) NONPROFIT CHARITABLE REUSER
In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the County Executive a request to be so designated. The County Executive shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the available fund to pay for the disposal of the abandoned HHW from Nonprofit Charitable Reusers is exhausted, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Program’s rates for VSQGs. No additional costs shall be applied to the budget of the CITY or any other participating jurisdiction.
14. HOUSEHOLD HAZARDOUS WASTES ACCEPTED
HHW accepted by the CoHHW Program shall be limited to those materials that qualify as “Household Hazardous Waste” pursuant to Section 25218.1(d) of California Health and Safety Code, as amended from time to time. These materials include, but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals,
Agreement for Countywide Household
Hazardous Waste Collection Program Page 8 of 27
household cleaners, pool chemicals, mercury thermostats, fluorescent lamps containing mercury, household batteries, electronic waste (e-waste), and other common hazardous consumer products.
15. WASTES NOT ACCEPTED
Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive materials, biohazardous waste, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a business, including a home operated business, except that waste from VSQGs as provided for in Section 12 of this Agreement shall be accepted.
16. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level. Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection.
CITY agrees to augment up to an additional $_________ to the Countywide HHW Program during Fiscal Year 2025 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.
CITY agrees to make an interim payment to COUNTY amounting to 50 percent of the augmentation amount stated above for each fiscal year. This interim payment shall be made no later than September 30th of each fiscal year. The remaining balance of any outstanding cost shall be reconciled and paid or refunded in accordance with the terms outlined in the annual cost statement.
At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement. / /
79,341
Agreement for Countywide Household
Hazardous Waste Collection Program Page 9 of 27
17. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 9:00 a.m. to 5:00 p.m, except for COUNTY-recognized holidays The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household materials. CITY will be notified immediately if resident participation approaches a level of service that may not be supported by available funding.
18. SCHEDULING AND SITE SELECTION
COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized that some participating jurisdictions in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2025 of Temporary Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service. The COUNTY determines the adequate number of collection days by tracking attendance at each event.
19. OUTSIDE FUNDING
During the term of this Agreement, COUNTY may seek outside funding sources for services that would supplement existing HHW services such as permanent collection sites, equipment, retail take-back collection and operational funding. If outside funding is obtained, the CoHHW Program will, at COUNTY’s discretion, proceed with development of additional programs using that outside funding without drawing on CITY’s funding provided under this Agreement.
20. REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION The CITY authorizes the CoHHW Program to apply for lead agency grants, including but not limited to Used Oil Payment Program grants, from the California Department of Resources Recycling and Recovery (CalRecycle), on behalf of participating jurisdictions. The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and administrator. The CoHHW Program will oversee how the moneys are used and work in cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude the COUNTY or a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply for the grant opportunity.
21. EMERGENCY SERVICES
Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster.
The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment D sets out CITY and
Agreement for Countywide Household
Hazardous Waste Collection Program Page 10 of 27
COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY’s responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little as ten (10) working days of CITY’s written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment D, Household Hazardous Waste Emergency Collection Plan.
COUNTY agrees to conduct the Emergency Collection Event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from California Department of Toxic Substances Control and will handle wastes in accordance with applicable state laws and regulations. COUNTY will bill CITY for all Emergency Collection Events on a cost recovery basis, and all payments shall be due COUNTY within 30 days following the receipt of the invoice.
22. PRIVATE SPONSORED EVENTS
COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment, and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions, including the CITY, and the COUNTY, as described in Section 26 of this Agreement. Summary information concerning these corporate sponsored events, if any, will be included in the CoHHW Program’s annual report to the participating jurisdictions.
23. INSURANCE REQUIREMENTS
Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment E, Exhibit E Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured.
24. WASTE TRACKING AND REPORTING
COUNTY will provide a mid-year report to CITY regarding participation rates from each participating jurisdiction by March 15 of each year. Mid-year and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services.
COUNTY will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY’s fiscal year.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 11 of 27
It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate.
COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quarter.
25. PARTICIPATION REPORTING
COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program.
26. HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement.
Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program.
Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 23 above.
CITY shall further indemnify COUNTY for CITY’s apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident
Agreement for Countywide Household
Hazardous Waste Collection Program Page 12 of 27
employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the participating jurisdictions and the COUNTY as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY’s apportioned share of any liability for the household hazardous waste.
COUNTY shall require VSQGs and Nonprofit Charitable Reusers to indemnify COUNTY, at minimum, for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The VSQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to VSQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for household hazardous waste.
27. TERMINATION
This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party.
28. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2024 to June 30, 2027, or until all revenue from the last quarter’s AB939 fee payments have expended and/or distributed, whichever is later.
29. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties.
30. EXECUTION BY COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument.
31. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 13 of 27
32. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designates.
33. NOTICES
All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing:
CITY of City Representative
Representative’s Title
City Address
County of Santa Clara Director
Consumer and Environmental Protection Agency
1553 Berger Drive
San José, California 95112
34. CONTRACT EXECUTION
Unless otherwise prohibited by law or COUNTY policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the COUNTY.
/ /
/ /
/ /
/ /
/ /
/ /
Agreement for Countywide Household
Hazardous Waste Collection Program Page 14 of 27
IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below:
Date: COUNTY OF SANTA CLARA
JAMES R. WILLIAMS
County Executive
Date: “CITY”
CITY/TOWN OF
Title
A municipal corporation
APPROVED AS TO FORM AND LEGALITY:
WILLIE NGUYEN
Deputy County Counsel
Attachments:
A Projected Fiscal Years 2025, 2026, and 2027 AB939 HHW Fee Funding Allocation by Jurisdiction
B Estimated HHW Program Fixed Costs for Fiscal Years 2025, 2026, and 2027 C HHW Schedule of Collection Events for Fiscal Year 2025 D Household Hazardous Waste Emergency Collection Plan
E Exhibit-E Insurance Requirements for Environmental Services Contracts
Agreement for Countywide Household
Hazardous Waste Collection Program Page 15 of 27
ATTACHMENT A: PROJECTED FISCAL YEARS 2025-2027 ANNUAL HHW FEE
FUNDING ALLOCATION BY JURISDICTION
Agreement for Countywide Household
Hazardous Waste Collection Program Page 16 of 27
ATTACHMENT B: ESTIMATED ANNUAL HHW PROGRAM FIXED COSTS FOR FISCAL YEARS 2025, 2026, AND 2027
Agreement for Countywide Household
Hazardous Waste Collection Program Page 17 of 27
ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2025-2027*
Agreement for Countywide Household
Hazardous Waste Collection Program Page 18 of 27
ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2025-2027* (Continued) *SUBJECT TO CHANGE
2025/Month Day Date Location Type of Event County Holidays/ Notes January Wed 1 No Event No Event NEW YEAR'S
Thurs,Fri, Sat 2,3,4 San Martin Permanent
Thurs,Fri,Sat 2,3,4 San Jose Permanent
Thurs,Fri 9,10 San Jose Permanent
Saturday 11 Sunnyvale Temporary TBD
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Thurs,Fri 23,24 San Jose Permanent
Saturday 25 Santa Clara Temporary TBD
Thurs,Fri 30,31 San Jose Permanent
February Sat 1 San Jose Permanent
Thurs,Fri, Sat 6,7,8 San Martin Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Thurs,Fri 27,28 San Jose Permanent
March Sat 1 San Jose Permanent
Thurs,Fri, Sat 6,7,8 San Martin Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
April Thurs,Fri,Sat 3,4,5 San Jose Permanent
Thurs,Fri, Sat 3,4,5 San Martin Permanent
Thurs,Fri 10,11 San Jose Permanent
Saturday 12 Los Altos Temporary TBD
Thurs,Fri 17,18 San Jose Permanent
Saturday 19 Sunnyvale Temporary TBD
Thurs,Fri 24,25 San Jose Permanent
Saturday 26 Santa Clara Temporary TBD
May Thurs,Fri,Sat 1,2,3 San Jose Permanent
Thurs,Fri, Sat 1,2,3 San Martin Permanent
Thurs,Fri,Sat 8,9,10 San Jose Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Thurs,Fri 22,23 San Jose Permanent
Saturday 24 No Event No Event MEMORIAL DAY WEEKEND
Thurs,Fri,Sat 29,30,31 San Jose Permanent
June Thurs,Fri, Sat 5,6,7 San Martin Permanent
Thurs,Fri,Sat 5,6,7 San Jose Permanent
Thurs,Fri 12,13 San Jose Permanent
Saturday 14 Milpitas Temporary TBD
Thurs, Fri,Sat 19,20,21 San Jose Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent
Agreement for Countywide Household
Hazardous Waste Collection Program Page 19 of 27
ATTACHMENT D:
COUNTY HOUSEHOLD HAZARDOUS WASTE
EMERGENCY COLLECTION PLAN
1. PURPOSE
The purpose of the Household Hazardous Waste Emergency Collection Plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by the local jurisdiction.
Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and California Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response.
2. Timing of HHW
While it is important to have special collection opportunities for disaster-related HHW as soon as possible to avoid illegal disposal or harm to people and/or the environment, having an event or service too soon after a disaster may result in low participation. Sufficient public notification, assessment and monitoring of the disaster and cleanup process by the designated City HHW Coordinator(s) is essential.
3. Public Information/Notification:
Cities should be prepared to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the City’s responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City’s public outreach program should evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door-to-door notices, roadside signs, signs on dumpsters, radio public service announcements, social media outlets and television public access stations. Be aware of communities where multiple language outreach efforts will be necessary.
4. State HHW Collection Permits
DTSC is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit for special collection of household hazardous waste from DTSC through their expedited approval process.
5. Collection Events
Temporary collection events can be set-up at various sites including parking lots, city maintenance yards, within neighborhoods needing service, and at landfills or a centralized
Agreement for Countywide Household
Hazardous Waste Collection Program Page 20 of 27
location to service larger segments of the population. Waste collected will be transported with a transportation vehicle provided by the HHW Program. In addition, events can be scheduled at the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF).
The following options are available to each participating City.
• Neighborhood Drop-off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility.
• Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall obtain all necessary permits and licenses required for the events and shall provide and/or contract for the services of properly trained personnel and hazardous waste haulers. The County shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events.
• CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. The County shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at the CoHHWCF.
The CoHHWCF are located at:
San Martin, 13055 Murphy Ave, San Martin, CA 95046
San Jose, 1608 Las Plumas, San Jose, CA 95133
6. Costs, Documentation, and Reimbursements
Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
The County agrees to provide the City with a detailed accounting of services provided for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs.
Services to businesses will be provided on a cost recovery basis and according to Section 12 of the
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 21 of 27
7. State and Federal Assistance and Funds
It is the City’s responsibility to pursue reimbursement from State or Federal agencies.
California Governor’s Office of Emergency Services (Cal OES)
Cal OES is responsible for requesting assistan is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond ce on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from Cal OES.
Follow Standardized Emergency Management System (SEMS)
All requests and emergency responses must be in accordance with the SEMS. DTSC may have funding available for hazardous waste response and collection.
Federal Assistance
If a state disaster area is declared a federal disaster, then federal funding assistance may be available through the Cal OES. Funding and assistance may be available from Federal agencies such as FEMA and the USEPA.
Damage estimates: The city should provide to the Cal OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or Cal OES contacts regarding the proper procedures and wording of requests for assistance.
Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from USEPA.
REFERENCES
California Integrated Waste Management Board, Integrated Waste Management Disaster Plan:
Guidance for local government on disaster debris management, January 1997.
Emergency Planning Contacts and Personnel
Primary County Contact: County of Santa Clara
Consumer and Environmental Protection Agency
Household Hazardous Waste Program
ATTN: Hazardous Materials Program Manager
(408)-918-1967
For Non-Emergency after-hours, contact County Communications at: (408) 977-3220
Agreement for Countywide Household
Hazardous Waste Collection Program Page 22 of 27
Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and VSQG services in consultation with the City and other operations.
Cal OES Public Safety Communications Main Office
601 Sequoia Pacific Boulevard
Sacramento, CA 95811
(916) 894-5209
Cal OES
3650 Schriever Avenue
Mather, CA 95655-4203
(916) 845-8510
CHEMTREC Emergency number, (800) 424-9300
Non‑emergency (800) 262-8200
Chemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate emergency response information to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals.