Milpitas City Council
October 1, 2024

6/5/2024
C 46276

SMP

SMP

SMP

SECTION W-WWPLAN
Z Z
W

SECTION Z-Z
X
PLANY
X Y

SECTION Y-YSECTION X-X

ELEVATION VIEW

PLAN VIEW

SECTION A - ASTORM INLET SEDIMENT TRAP-FIBER ROLLS

CONCRETE WASHOUT AREA
SITE PLAN1"=20'EROSION AND SEDIMENT CONTROL NOTES AND MEASURES

EXISTING DRAINAGE INLET PROTECTION PLAN

STABILIZED CONSTRUCTION ENTRANCE

FIBER ROLL NOTES FIBER ROLL
(TO BE MAINTAINED)
MaintenancePLAN

PROFILESECTION B-BTEMPORARY COVER ON STOCK PILEPERSPECTIVE SMP

ALTERNATE DETAIL

SILT FENCE

STANDARD DETAIL

SANDHU RESIDENCE

SINGLE FAMILY

RESIDENCE
1327 TERRA VISTA CT.,
MILPITAS, CA 95035

SANDHU RESIDENCE

SINGLE FAMILY

RESIDENCE
1327 TERRA VISTA CT.,
MILPITAS, CA 95035

SANDHU RESIDENCE

SINGLE FAMILY

RESIDENCE
1327 TERRA VISTA CT.,
MILPITAS, CA 95035

SANDHU RESIDENCE

SINGLE FAMILY

RESIDENCE
1327 TERRA VISTA CT.,
MILPITAS, CA 95035

SANDHU RESIDENCE

SINGLE FAMILY

RESIDENCE
1327 TERRA VISTA CT.,
MILPITAS, CA 95035

SANDHU RESIDENCE

SINGLE FAMILY

RESIDENCE
1327 TERRA VISTA CT.,
MILPITAS, CA 95035
3

SANDHU RESIDENCE

SINGLE FAMILY

RESIDENCE
1327 TERRA VISTA CT.,
MILPITAS, CA 95035

T-1APN: 029-07-011 CITY OF MILPITASSMP ENGINEERS1327 TERRA VISTA CT.MILPITAS, CA 95035 BASIS OF BEARINGS:NOTE:DISCLAIMER:

SITE BENCHMARK:

NOTES:

LEGEND

TOPOGRAPHIC SURVEY MAPPRELIMINARY BOUNDARY AND
SLOPE DENSITY = 1.004 = 15.18% 0.0023 x 1 x 6,625

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Approve Project Agreement and Specifications and Authorize the City Manager to Execute an Agreement with West Coast Arborists, Inc., for Tree Maintenance Services (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Public Hearings-Community Services and Sustainable Infrastructure Meeting Date: 10/1/2024
Recommendation: Adopt a resolution to (1) approve project agreement and specifications; (2) authorize a three-year agreement to the most responsive, responsible proposer, West Coast Arborists, Inc., in an annual not-to-exceed amount of $480,000, for a total not-to- exceed amount of $1,440,000; and (3) authorize the City Manager to execute the agreement with West Coast Arborists, Inc., subject to the annual appropriation of funds.

BACKGROUND:

Consistent with Title X, Chapter 2 of the Milpitas Municipal Code, the Public Works Department provides maintenance of protected street trees and park trees. Protected street trees are located along streets adjacent to sidewalks and private properties. Management of these trees is completed by staff with needed maintenance coordinated between staff and contract personnel. On average, over 500 tree-related requests are received annually.

The FY 2024-25 Adopted Operating Budget funds four (4) FTEs to perform reactive tree maintenance (i.e., service requests) and $480,000 for contract tree maintenance services. Actions since July 2018 for contract tree maintenance services are as follows:
•On July 1, 2018, the City entered into a Maintenance Services Agreement with West Coast Arborists, Inc. for city-owned tree maintenance services for a term of July 1, 2018, through June 30, 2023, for an annual amount not-to-exceed of $477,510, and a total 5-year contract not-to-exceed amount of $2,387,550.
•On June 11, 2019, Council authorized an additional $150,000 of funding for priority tree removal (Amendment No. 1).
•On June 1, 2021, Council authorized an additional $80,000 annually to increase the pruning cycle for City maintained street trees from 5-year to 4-year cycle (Amendment No. 2). •On May 17, 2023, the Maintenance Services Agreement with West Coast Arborists, Inc. was extended from July 1, 2023, to June 30, 2024 (Amendment No. 3).

On July 23, 2024, the Finance Department issued RFP 25-003 for Tree Maintenance Services. The proposal deadline was August 22, 2024. Three responsive, responsible proposals were received.

Evaluation criteria included committee review of the contractor’s cover letter, company profile, execution plan, assigned personnel, references, proposed compensation, and financial responsibility. Scoring for the three proposals is detailed in the following tables:

Bid Proposal Scoring
Bid Proposer Final Score
1 West Coast Arborists, Inc. 137
2 Bay Area Tree Specialists 119
3 The Professional Tree Care Company 118
Bid Proposal Cost
Bid Proposer Base Bid Total
Cost
(annual cost)
1 West Coast Arborists, Inc. $198,705
2 Bay Area Tree Specialists $297,033
3 The Professional Tree Care Company $309,695
ANALYSIS:

The City maintains an urban forest of 18,200 trees with replacement valued at approximately $53 million.

Additional value includes summer shade, reduced erosion, improved air quality and increased value of adjacent properties. Unlike other public infrastructure components, properly planted and maintained trees increase in value over time.

The goal of an effective tree management program is to ensure residents and businesses enjoy the benefits of trees through proper arboricultural techniques and management practices. Historical tree related service requests are being provided below.

Fiscal Year
# of Tree Service
Requests
2019-20 77
2020-21 526
2021-22 471
2022-23 457
2023-24 560
Tree-related service requests occur due to a variety of reasons that may include weather, location of the tree, species of the tree and size. Staff has investigated the various causes of these requests and drafted the recommended agreement to be proactive. Specifically, authorization of this agreement will complete work in the first three years to the trimming of specific species and sizes of trees based on diameter at breast height (DBH) that have been the most prone to service requests and to also respond to anticipated tree service requests. Additionally, for the first three years of the agreement, approximately 700-1,000 trees will be grid trimmed annually. Below is a table detailing the tree pruning goals for the first 3 years.

Year 1 Year 2 Year 3
Tree Specific Species Size
(DBH) Quantity Size
(DBH) Quantity Size
(DBH) Quantity
Ash Trees 25”-36” 100 13”-24” 150 13”-24” 150
Chinese Pistachio 13”-24” 275 7”-12” 125 7”-12” 125
Liquidambar 25”-36” 25 13”-24” 125 13”-24” 125
Eucalyptus 13”-72”+ 111
Grid Pruning Varies 700-1,000

The previous agreement included pruning classifications of light prune, grid prune, large scale prune and service request prune. To achieve a four-year cycle of pruning, most of the work completed by this agreement was grid pruning. Grid pruning was paid at $99 per tree and worked well for smaller, young trees. When larger trees with a greater than 24” diameter were encountered, a large-scale prune was required and paid at $325 to up to $800 per tree. Service request prunes were performed on trees not located in a grid pruning area and were paid at $450 to up to $800 per tree.

Proposed grid pricing per tree for larger sized trees are $199 and for smaller trees $139. This pricing is greater than the previous agreement of $99 per tree, but when increased scope of work and pricing due to inflation are considered, it is reasonable. The agreement has prices fixed for the first three years with the option to extend and negotiate pricing for years four and five. If these extensions occur (as we anticipate), work during these two years will be focused primarily on grid pruning with approximately 2,200-3,200 trees trimmed per year moving from a 4-year grid pruning cycle to a 6-year grid pruning cycle.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve and authorize the City Manager to execute agreement with West Coast Arborists, Inc.

Pros: None.

Cons: The current maintenance strategy leverages the contracting of tree grid pruning maintenance of these assets while supplementing the balance of tree maintenance with internal staff resources.

Reason not recommended: The Public Works Department does not have adequate resources to maintain the City’s urban forest.

FISCAL IMPACT:

Sufficient funds are available in the Public Works FY 2024-25 Adopted Operating Budget. Ongoing costs are subject to the annual appropriation of funds.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

City Council approval of this contract is exempt from environmental review pursuant to the California Environmental Quality Act, CEQA Guideline 15301, because it amounts to maintenance of existing landscaping as described in CEQA Guideline 15301(h) involving negligible or no expansion of use. This action also does not constitute a “project” within the meaning of Public Resources Code Section 21065 and/or the California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(2), 15262, and/or 15378 as it has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and, moreover, is a continuing administrative or maintenance action within the meaning of CEQA Guidelines Section15378(b)(2).

RECOMMENDATION:

Adopt a resolution to (1) approve project agreement and specifications; (2) authorize a three-year agreement to the most responsive, responsible proposer, West Coast Arborists, Inc., in an annual not-to-exceed amount of $480,000, for a total not-to-exceed amount of $1,440,000; and (3) authorize the City Manager to execute the agreement with West Coast Arborists, Inc., subject to the annual appropriation of funds.

ATTACHMENT(S):
(a) Draft Agreement
(b) Resolution

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CITY OF MILPITAS

MAINTENANCE SERVICES AGREEMENT
CONTRACT NO. 25-003

1. PARTIES AND DATE.

This Agreement is made and entered into this day of by and between the City of Milpitas, a municipal corporation organized under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”) and West Coast Arborists, Inc., a California corporation with its principal place of business at 2200 E. Via Burton Street, Anaheim, CA 92806 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Tree Maintenance Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

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

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Tree Maintenance Services maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term.

The term of this Agreement shall be from October 15, 2024 to October 15, 2027, unless earlier terminated as provided herein. The City reserves the right to review the Contractor’s performance at the end of each year and cancel all or part of the Agreement. Options to Extend. After the Initial Term, the

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City reserves the right, at its sole discretion, to extend the term of this Agreement for up to two (2) additional one-year terms through October 15, 2029 ("Option Periods").

Contractor shall perform its services in a prompt and timely manner and shall commence performance upon the Effective Date. Contractor shall complete the services required hereunder.

3.2 Responsibilities of Contractor.

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

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.2.4 City’s Representative. The City hereby designates Samu Tiumalu, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement.

Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Juan Ortiz, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally

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recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services.

Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of One Hundred Dollars and Zero Cents ($100.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause:
(1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

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

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB).

Contractor shall specifically be aware of the CARB limits and requirements application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall comply with the CARB’s regulation regarding the use of off-road diesel fueled fleets, sections 2449, 2449.1, and 2449.2 of Title 13 of the California Code of Regulations. Contractor shall

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provide the City with a Certificate of Reported Compliance for all applicable vehicles used by Contractor or any subcontractor with diesel-fueled or alternative diesel fueled off-road compression-ignition engines with a maximum power of 25 horsepower or greater provided the vehicles cannot be registered and driven safely on-road or were not designed to be driven on-road, even if they have been modified so that they can be driven safely on road. Noncompliant fleets are prohibited from being used on the Project. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, it subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the state. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

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

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions

6 38077.00180\29168373.12 C2
under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

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

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

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3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Million Four Hundred Forty Thousand Dollars and Zero Cents ($1,440,000.00), and the total annual compensation for any year shall not exceed Four Hundred Eighty Thousand Dollars and Zero Cents ($480,000.00), without written approval of City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 California Labor Code Requirements
a. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations.

Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works

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project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation.

Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement.

Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.4.4 Agreement Subject to Appropriation of Funds. The Contractor understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas City Council.

The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, the Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. The City has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and City Council. Contractor’s assumption of risk of possible non-appropriation is a part of the consideration for the Agreement. This section controls against any and all other provisions of the Agreement

3.5 General Provisions.

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

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Contractor:

West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
Attn: Victor Gonzalez, V.P. Business Development
City:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Christian Di Renzo, Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with Counsel of City's choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against City or its officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorneys’ fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials officers, employees, agents, or volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Santa Clara County, California. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or

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payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

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

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

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to

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solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

3.5.15 Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover from the losing party attorney’s fees and costs in an amount determined to be reasonable by a court of competent jurisdiction.

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

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

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

3.5.19 Wage Theft Prevention.

3.5.19.1Contractor, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance.

3.5.19.2BY SIGNING THIS AGREEMENT, CONTRACTOR AFFIRMS THAT

IT HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO

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

THAT IT OR ITS SUBCONTRACTOR(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT,

DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN FULLY

SATISFIED, CONTRACTOR AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) IS CURRENTLY

SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT OR

ALTERNATIVE PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY

AND THAT CONTRACTOR OR ITS SUBCONTRACTOR(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.

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3.5.19.3If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Contractor or a subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order.

Contractor or its subcontractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order.

If the Contractor or its subcontractor is subject to a payment or other alternative plan, the Contractor or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.

3.5.19.4For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

3.5.19.5Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.

3.5.19.6Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

3.5.20 Federal Provisions. [Reserved]
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF MILPITAS

AND WEST COAST AROBORISTS INC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF MILPITAS
Approved By:

WEST COAST AROBORISTS INC
Ned Thomas, City Manager Signature
Date
Approved As To Form:

Name
Title
Michael Mutalipassi, City Attorney
Date
Approved:

Luz Cofresí-Howe
Finance Director/Risk Manager
Approved As To Content:

Christian Di Renzo, Director of Public Works

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EXHIBIT “A”

SCOPE OF SERVICES

1. GENERAL REQUIREMENTS

1.1 City Project Manager
Contractor will be managed by the City Project Manager under the resulting agreement. The City Project Manager will be the primary point of contact for communication between the City and Contractor. The City Project Manager will:

1.1.1 Provide principal contract management and monitor functions.

1.1.2 Observe work both during progress and upon completion, and make routine independent inspections of all job sites, which may or may not be announced or require the presence of the Contractor.

1.1.3 Schedule walkthrough inspections with Contractor present. Inspections will be scheduled at the discretion of the City, and include but not limited to site cleanliness, adherence to standards, traffic control and safety, posting and notifications.

1.1.4 Authorize work, issue acceptance of the work performed, and approve payment for work completed.

1.1.5 Monitor and confirm contractor entry of work performed information into asset management system.

1.2 Supervision / Personnel

1.2.1 Contractor shall provide adequate supervision to ensure conformance to the City's job requirements.

1.2.2 Contractor must provide a fully qualified supervisor to supervise field crews and meet with the City Project Manager as needed for the purposes of correcting problems/conflicts and coordinating work schedules. The City reserves the right to request removal of any employee of the Contractor for good cause. All Contractor's work will be in City specified areas.

1.2.3 All Contractor personnel shall be required to wear uniforms bearing the Contractor's company name while completing City work assignments. Uniforms shall consist of a shirt and/or jacket with company and employee name neatly screen printed or embroidered and conspicuous. All Contractor personnel shall be clearly identified with the name of the company on their uniform. Tank tops and shorts are not allowed. Shirts must always be worn, and personnel shall maintain a neat and clean appearance. All personnel must wear high visibility safety vests that meet ANSI standards while working in traffic areas.

1.2.4 All Contractor personnel are to be provided restroom facilities and/or use of public facilities only.

1.3 Safety

1.3.1 Contractor shall observe and abide by all applicable federal, state, and local laws and regulations which may be required as part of the performance of the work.

These include but are not limited to the Standards of Occupational Safety and Health Administration (OSHA), the City of Milpitas Codes governing tree work, traffic control, and any other regulations that may affect operations.

1.3.2 Contractor shall adhere to the latest edition of ANSI Z133 Safety Requirements for

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Arboricultural Operations Manual. These guidelines shall be made a part of, and included in, specifications as the safety requirements. All personnel and equipment must meet regulations as written in the American Standard Safety requirement for pruning, maintaining, and removing trees.

1.3.3 In addition to meeting qualified tree workers' qualifications, and because a percentage of the trees may be within ten feet of energized conductors, contractor shall ensure employees and equipment working within the ten-foot proximity of energized conductors in excess of 750 volts shall be qualified line-clearance tree trimmers or qualified line clearance tree trimmer trainees using approved tools and equipment. a) Proof of employees' training program and Dielectric Test on equipment and tools are required.
b) All incidental power and hand tools shall have Dielectric Tests where required. c) All equipment and tools shall meet and be kept maintained as required in ANS Z-133.1.

1.3.4 Upon completion of the scheduled work or at the end of each day, whichever comes first, Contractor shall ensure work site is clear of any debris and in a clean safe condition. The City Project Manager shall be the sole judge as to the adequacy of the cleanup.

1.4 Days and Hours of Operation

1.4.1 Contractor shall perform services on the days of Monday through Friday during normal working hours, 8:00 a.m. to 5:00 p.m. Work will be performed on a regular basis for approximately 52 weeks annually. Should there be any decrease in the amount of work, the Contractor shall check in with the City on a weekly basis and be available within 48 hours for regular work. Emergency work shall occur as necessary.

1.4.2 Contractor shall notify the City Project Manager the morning of each workday of the locations and work being performed by phone, email or text.

1.4.3 Contractor shall provide two-week and three-day notification to property owners and/or business owners when performing work adjacent to private properties. City will provide to Contractor the notification signs which Contractor must post on the trees. No notification is required for emergency call-out work.

1.4.4 During weeks in which there is a City recognized holiday, Contractor shall perform all work at all sites during the remaining workdays of that week.

1.4.5 In case of emergencies, changing work location, and other urgent matters, Contractor shall immediately contact the City Project Manager.

1.5 Vehicle Access and Traffic Control

1.5.1 When working in the public right-of-way and operating equipment on public streets, Contractor shall comply with California State Vehicle Codes. Contractor is required to provide all safety cones, sign boards, and other appropriate measures and equipment as prescribed by the California Department of Transportation Manual on Uniform Traffic Control Devices (MUTCD) for traffic control.

1.5.2 At no time shall Contractor drive vehicles on turf, courts or other landscape or hardscape area(s) unless necessary to perform the work required and written permission is supplied by the City Project Manager.

1.5.3 All vehicles utilized by Contractor shall have wording which clearly identifies the Contractor.

1.5.4 Contractor shall be responsible for posting of “No Parking” where needed a minimum of three days in advance of tree work. City will provide “No Parking” signs.

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1.5.5 The Contractor shall be fully responsible for adequate removal of all parked cars. All vehicle removal shall be coordinated by the Contractor with the Police Department. The Contractor shall notify the Police traffic sergeant upon posting of the parking restrictions for a street and when the signs are removed.

For removal of parked vehicles, the Contractor shall notify the Police traffic sergeant not less than 2 hours prior to the needed removal with the address nearest the parked vehicle, make, model, color, and license number. The City shall not be responsible for any delay or additional cost associated with the removal of parked cars which may obstruct tree maintenance.

If a vehicle owner successfully contests a towing citation in court, and their citation is dismissed for causes related to the Contractor’s failure to perform the requirements of this section, the Contractor shall reimburse the City for the cost of any claims associated with the towing citation.

Milpitas Police Department (408) 586-2400
Milpitas Fire Department (408) 586-2800

1.6 Equipment

1.6.1 Contractor must always maintain standard tree pruning equipment and have at a minimum one 65’ and one 95’ aerial trucks and two (8 CY minimum) chip trucks on demand for emergency work. All equipment used for regular and emergency work, including trucks, chippers, and other heavy equipment, must be maintained in a good operating condition and in compliance with State and Federal/OSHA regulations and manufacturer's specifications. Equipment not suitable to produce the quality of work required by the City shall not be used.

1.6.2 Equipment used for emergency work at night shall be suitably equipped with warning lights and work lights.

1.6.3 It is the Contractor's responsibility to provide a storage facility for its equipment and materials. The City will not provide facilities or storage space for Contractor's use.

1.6.4 Equipment shall be operated in a manner which will minimize noise. Chippers shall not be operated in one location for extended periods of time. When trimmings of adjacent trees have been chipped, chipper is to be moved to the closest practical location next to tree or trees to be trimmed.

Aerial Truck - Truck-mounted aerial lift. Minimum 52’ and 80’ from bottom of bucket to ground for 65’ and 95’ lift, respectively. Boom shall be insulated dielectric tested and certified, mounted on 360-degree rotating turntable.

Brush Chipper - Minimum 12-inch knives. Towed or truck mounted. Must meet all applicable federal, state, and manufacturer's standards. Produced wood chips must be suitable for use as landscape mulch.

Chip Truck - Truck with mounted chipper, minimum 8 cubic yard hydraulic chip dump box.

Dump Truck -Two-ton minimum, 8 cubic yard hydraulic chip dump bed.

Stump Grinder - Truck towable, minimum 35 H.P. rated, capable of grinding to 18" below grade.

1.7 Resident Objections/Complaints

1.7.1 If resident or business owner objects to a tree service or other tree care work, Contractor may be required to delay work until the complaint is resolved by the

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City. Contractor shall make every effort to resolve the issue to the mutual satisfaction of both parties. If Contractor cannot resolve the complaint, the issue will be referred to the City Project Manager.

1.7.2 If objection to work occurs while work is in progress, Contractor shall immediately stop work on tree or trees in question or at a point that the tree(s) can be left in a safe condition and notify the City Project Manager. Contractor shall not resume until authorized by the City.

1.8 Inspections / Defective Work/ Damages

1.8.1 The City shall, always have access to the work being performed and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in said work. The inspection of the work shall not relieve Contractor of any of his obligation to fulfill the contract and/or complete the project described.

1.8.2 All work which is defective or deficient in any of the requirements of the specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction.

Defective work shall be made good notwithstanding the fact that such defective work may have been previously overlooked by the City and accepted for payment.

1.8.3 Contractor shall take all necessary precautions to prevent damage to any adjacent trees or related plant life.

1.8.4 Contractor shall report to the City Project Manager all damages to landscaping, sprinklers, irrigation systems, hardscape, plants or other median components. These damages will be repaired by the Contractor and coordinated closely with the resident. City Project Manager is to be notified immediately if damage to private property occurs.

1.9 Maintenance of Asset Management System

1.9.1 Current work reports and site inventory data exists in Arbor Access software format.

Contractor shall be able to either operate or maintain inventory in existing Arbor Access system or convert existing data into another software system at the contractors’ expense. If Arbor Access continues in use, City will pay monthly subscription fee. If alternate tree software is used, the contractor shall pay all monthly subscription fees.

1.9.2 If a new software system is proposed, it must be accepted by the City. New software system is to be user friendly, and able to search data on a minimum based on the following different criteria; tree zone, street name, street address, tree name (common name), tree species (botanical name), tree height, tree diameter breast height (DBH), if braced/cabled and recent work history.

1.9.3 All GPS locational data shall be in a format that is compatible with the integration of existing GIS base map data. This is based on ESRI software with ArcGIS Online Architecture or Cloud based data. New site inventory data and corresponding GPS data shall also integrate directly to existing GIS base map and tree inventory spatial layers.

1.9.4 If the City elects to no longer use Arbor Access, a contractor supplied Application Programmer / Systems Engineer or equivalent shall configure the exporting/importing, or otherwise uploading procedures, of new and edited data. This person will be the contact point for the City Information Services staff. Exports from Arbor Access need to include all tables including but not limited to; Asset descriptions of the tree and activities associated to tree along with secondary related information such photos, diagrams etc.

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1.9.5 Work history data is to be updated monthly by the contractor prior to the invoicing of the City for work completed. Format of data must have attributes that will facilitate an importing, uploading, or synchronization of new data with existing data format. Both new assets and work history must be able to be exported by City staff in a regular and ad hoc methods.

1.9.6 An I.S.A. Certified Arborist shall perform data collection.

1.9.7 Tree attributes to be collected and entered into the asset management system for each site include but not limited to the following: Tree identification number, GPS location within 1 meter of tree, property address, street name, before and after photos, if located in park strip, park location, tree canopy width, height, presence of existing overhead utilities, tree vacancies, tree species identification (botanical and common name), DBH with size categories 3" to 6", 7" to 12", 13" to 24", 25" to 36", 37" to 48", 49" +, if braced / cabled and recent work completed.

1.9.8 Work for this item is to be included in the various items of work and no separate payment shall be made.

1.10 Debris Disposal
Contractor shall remove and dispose of all debris in a legal and appropriate manner on a daily basis. Work for this item is to be included in the various items of work and no separate payment shall be made.

1.11 Reporting
Contractor shall submit to the City Project Manager a complete and up-to-date record of all tree service work monthly prior to invoicing. Work records shall include but are not be limited to the address where tree work took place, tree species, type of work performed, date work performed, diameter at breast height (DBH) of tree, and any other information required by the City Project Manager. Reporting to the City Project Manager is in addition to the maintenance of the asset management system. Work for this item is to be included in the various items of work and no separate payment shall be made.

2. PRIMARY SCOPE OF SERVICES

2.1 Services Needed:

2.1.1 Species Specific Street Tree Pruning

2.1.2 Species Specific Park Tree Pruning

2.1.3 Zone Street Tree Pruning

2.1.4 As-needed Street Tree Pruning

2.1.5 As-needed Palm Street Tree Pruning

2.1.6 As-needed Palm Park Tree Pruning

2.1.7 As-needed Park Street Tree Pruning

2.1.8 As-needed Street Tree Removal with Stump Grinding

2.1.9 As-needed Palm Street Tree Removal with Stump Grinding

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2.1.10 As-needed Park Tree Removal with Stump Grinding

2.1.11 As-needed Palm Park Tree Removal with Stump Grinding

2.1.12 As-needed Street and Park Tree Planting.

2.1.13 Emergency Street and Park Tree Services

2.1.14 Supplemental Street and Park Tree Services

2.2 Requirements for All Services Needed

2.2.1 For all services, City will determine which trees (species-specific and as-needed) are to be pruned by providing to contractor address specific locations for work to occur. Contractor is not to assume that all trees within a zone are to be pruned. Trees may be in street medians.

2.2.2 Contractor shall perform tree pruning according to the requirements below for all services needed.

2.2.2.1 Pruning of trees is to be based on tree species, growth characteristics, tree form, tree condition, and tree structure. Tree evaluation before pruning will determine what pruning must be performed to achieve or enhance a tree’s structural integrity, appearance, or desired size. The specific techniques employed shall be consistent with industry practices for the size and species of the tree being trimmed.

2.2.2.2 All dead, broken, damaged, loose, diseased or insect infested limbs, branches and stubs shall be removed. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise. Branches that are developing in a manner as to become larger than the limbs they originate from shall be removed. Remove subordinate competing central leaders as appropriate.

2.2.2.3 When encountering limbs that are weighted with more foliage than the limb is likely to support, selectively prune branches toward the end of the limb in order to reduce end weight and thus decrease the likelihood of limb failure.

2.2.2.4 Shorten the length of limbs which extend beyond the natural perimeter of an otherwise symmetrical form. Prune end branches to lighten end weight where such overburden appears likely to cause breakage of limbs.

2.2.2.5 All trees on which vines are growing shall have vines removed. Vine tendrils shall be removed in a manner which will not injure trees or cause scaring of low branches and tree trunk.

2.2.2.6 All cuts shall be made just outside the branch collar to the parent stem so that the wound closure can readily start under normal conditions.

2.2.2.7 Final pruning cuts shall be made to favor the earliest possible covering of the wound by natural callus growth. Excessively deep flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar should be removed.

2.2.2.8 All limbs 2” or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut.

2.2.2.9 No greater than 20% of canopy shall be removed during a single year.

20 38077.00180\29168373.12

2.2.2.10 Topping of trees, heading cuts, and lions-tailing are not allowed.

2.2.2.11 Prune to maintain 10’ of clearance over any structure.

2.2.2.12 The City Tree Ordinance requires all trees to provide a minimum 14’ feet of clearance over any street and eight of clearance over any sidewalk. Exception to this ordinance is allowed for young developing trees.

2.2.2.13 Any defects (structural, biotic and abiotic) in the tree or associated material in the tree shall be immediately reported to the City Project Manager.

2.2.2.14 When trimming fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach.

6.2.2.15 All tree pruning shall be performed in accordance with ANSI A300 tree care pruning standards, the standards of the ISA Tree Pruning Best Management Practices, and the "Structural Pruning: A Guide for the Green Industry", Edward Gilman, Brian Kempf, Nelda Matheny and Jim Clark, 2013 Urban Tree Foundation, Visalia CA., and shall be overseen by the City Project Manager responsible for City trees or designee.

2.3 Tree Pruning Specifications for Species Specific Street Trees

2.3.1 The City has identified three species located throughout all City zones for pruning in the initial term of three years. Objective is to perform structural pruning to reduce branches (living or dead) to lower or eliminate risk of tree/branch failures.

2.3.2 Ash

2.3.2.1 Ash trees are comprised on Raywood, Modesto, Arizona, Shamel, Narrow Leaf, and White. In the first year of this agreement, it is the goal to have approximately 100 trees with 25” -36” DBH pruned and in years one and two and to also have approximately 300 trees with 13” – 24” DBH pruned.

2.3.3 Chinese Pistachio

2.3.3.1 In the first year of this agreement, it is the goal to have approximately 275 trees with 13” – 24” DBH pruned and in years two and three to have approximately 250 trees with 7” – 12” DBH pruned.

2.3.4 Liquidambar

2.3.4.1 In the first year of this agreement, it is the goal to have approximately 25 trees with 25” – 36” DBH pruned and in years two and three to have approximately 250 trees with 13” – 24” DBH pruned.

2.4 Tree Pruning Specifications for Species Specific Park Trees

2.4.1 The City has identified one species located in City parks for pruning in the first year of the agreement. Objective is to perform structural pruning to reduce branches (living or dead) to lower or eliminate risk of tree/branch failures.

2.4.2 Eucalyptus

2.4.2.1 In the first year of this agreement, it is the goal to have approximately 40 trees with 13” – 24” DBH, 40 trees with 25” – 36” DBH, 20 trees with 37” – 48” DBH, 5 trees with 49” – 60” DBH, 4 trees with 61” – 72” DBH, and 2 trees with 72”+ DBH pruned during the summer months to avoid damage to turf. Contractor to

21 38077.00180\29168373.12
advise on how to reduce the possibility of infestation by borer beetles.

2.5 Tree Pruning Specifications for Zone Street Trees
The City maintains its trees on a set cycle organized into eight zones, with approximately 2,200 trees per zone. Attachment A is a City tree zone map. There are over 100 species of trees throughout all zones. Each year of the agreement the City will designate individual zones to be pruned. Objective is to structurally prune to improve plant architecture, ensure compatibility with the site, and/or to restore damaged areas.

2.5.1 Contractor shall begin pruning work within ten calendar days after receipt of the zone list from the City. All work must be completed within thirty calendar days after receipt of the zone list from the City. The City will work with Contractor to determine the location and number of trees on each zone prune list.

2.6 Tree Pruning Specifications for As-needed Street Trees

2.6.1 Work orders for as-needed pruning are based on service requests with specific objectives in various locations and may or may not be at contiguous locations to street zone work.

2.6.2 Pruning – Approximately 1-30 as-needed locations of trees of various DBH will be provided to contractor yearly throughout the term of the agreement.

2.6.3 Contractor shall begin as-needed pruning work within ten calendar days after receipt of the list from the City. All work must be completed within thirty calendar days after receipt of the list from the City. The City will work with Contractor to determine the number of trees on each as-needed prune list.

2.7 Tree Pruning Specifications for As-needed Palm Street Trees

2.7.1 Work orders for as-needed pruning are based on service requests with specific objectives in various locations and may or may not be at contiguous locations to street zone work.

2.7.2 Palm Pruning – Approximately 1-20 as-needed locations will be provided to the contractor yearly. Pruning is generally to be completed in the months of August and September.

2.7.3 Contractor shall begin as-needed pruning work within ten calendar days after receipt of the list from the City. All work must be completed within thirty calendar days after receipt of the list from the City. The City will work with Contractor to determine the number of trees on each as-needed prune list.

2.7.4 Palm tree pruning shall consist of the removal of loose dead fronds, fruit clusters and other vegetation from the trunks.

2.7.5 Remove lower fronds that are dead or more than half chlorotic. Do not remove fronds that are growing horizontally or pointed upward.

2.7.6 Saw blades used for pruning palms shall be new and clean blades for each palm pruning. A single saw blade shall not be used to prune more than a one palm.

2.8 Tree Pruning Specifications for As-needed Palm Park Trees

2.8.1 Same requirements as Section 7.7.

2.8.2 Location of palm trees are in various City parks. Access to work may be limited in width with protection required for turf and irrigation systems.

2.9 Tree Pruning Specifications for As-needed Park Trees

22 38077.00180\29168373.12

2.9.1 Work orders for as-needed pruning are based on service requests with specific objectives at various City parks.

2.9.2 Pruning – Approximately 1-30 as-needed locations will be provided to contractor yearly throughout the term of the agreement.

2.9.3 Contractor shall begin as-needed pruning work within ten calendar days after receipt of the list from the City. All work must be completed within thirty calendar days after receipt of the list from the City. The City will work with Contractor to determine the number of trees on each as-needed prune list.

2.9.4 Access to work may be limited in width with protection required for turf and irrigation systems.

2.9.5 Work generally will occur through the months of July through September.

2.10 Tree Removal and Stump Grinding Specifications for As-needed Street Trees

2.10.1 Tree Removals

2.10.2 Approximately 1-10 as-needed locations will be provided to contractor yearly throughout the term of the agreement.

2.10.3 Contractor shall begin as-needed removal and stump grinding work within ten calendar days after receipt of the list from the City. All work must be completed within thirty calendar days after receipt of the list from the City. The City will work with Contractor to determine the number of trees on each as-needed tree removal and grinding list.

2.10.4 Emergency tree removal shall follow all guidelines outlined in this section as required by each situation.

2.10.5 Trees shall be felled in a manner consistent with industry practices with the primary emphasis on the safety of the public and the protection of adjacent property. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type. Tree removal shall include felling the tree, removing all tree debris from the location, and cleaning-up the area along with stump grinding.

2.10.6 Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use. Crane operators shall be certified by the National Commission for the Certification of Crane Operators (NCCCO) and shall be prepared to display current certification prior to operating a crane in the City. The use of cranes and certified crane operators shall not result in additional charges to the City.

2.10.7 While loading and handling debris, the Contractor shall always maintain control so as not to result in damage to the public rights of way or private property. In addition, the Contractor shall not drop logs or trunks to create undue noise or impact shock disturbances or damages to public and/or private property.

2.10.8 Removal of entire tree, stump remaining shall be no higher than four (4) inches above soil grade.

2.10.9 Contractor shall make all arrangements necessary to have power or utility lines temporarily disconnected, if necessary, for the safe removal of the tree.

2.10.10 If tree removal requires special or additional means, there shall be no additional units or overall cost to the City without the authorization of the City Project Manager.

2.10.11 Stump Grinding

2.10.12 Stump grinding shall take place no more than ten calendar days after a tree removal.

23 38077.00180\29168373.12
The stump shall be removed to a depth to accommodate a 24- inch box replant.

2.10.13 All lateral surface roots shall be removed to a depth of 8 inches (8") below grade. When sidewalk is present, remove all surface roots between the curb and sidewalk. When no sidewalk is present, remove surface roots.

2.10.14 Stumps holes shall be filled with resulting mulch and raked level with the adjacent ground. For larger tree removals, the Contractor shall grind an additional twelve (12) inches around the circumference of the removed trunk, or import soil as needed to till into backfill in order to attain even grade with the adjacent ground.

2.10.15 Backfill material shall be compacted to provide for minimal settling. It shall consist of an equal mixture of soil and stumped material which shall be three (3) inches above grade to provide for any soil settlement.

2.10.16 All wood, debris and excess mulch shall be removed, and the surrounding area shall be raked and /or swept clean.

2.10.17 If stump grinding does not follow within the same workday as removal, a safety barricade shall be placed and maintained over the stump until the stump grinding is complete.

2.10.18 The Contractor shall be responsible for contacting Underground Service Alert for the locating of underground utilities prior to stump removal operations. The Contractor is also responsible for identifying the location of all public and private property landscape irrigation prior to the removal of a tree and its roots. The Contractor shall be responsible for the repair of any private property irrigation system components that are damaged during a tree removal or stump grinding. Repairs should be made using components matching those that were damaged.

2.10.19 If stump removal location is to be replanted, Contractor shall haul excess stump chips to replant depth and backfill with soil.

2.10.20 Any emergency tree removal performed on overtime or after hours shall have the stump grind performed on regular business hours, unless approved by the City Project Manager prior to work performed. Stump grinds performed on regular business hours shall not be billed as emergency work. The use of barricades, cones, signs, or other safety device may be required.

2.11 Tree Removal with Stump Grinding for As-needed Street Palm Trees

2.11.1 Palm tree removals - Approximately 1-5 as-needed locations will be provided to contractor yearly throughout the term of the agreement.

2.11.2 Same requirements as Section 7.10.

2.12 Tree Removal and Stump Grinding Specifications for As-needed Park Trees

2.12.1 Park tree removals - Approximately 1-10 as-needed locations will be provided to contractor yearly throughout the term of the agreement.

2.12.2 Same requirements as Section 7.10 except access to work may be limited in width with protection required for turf and irrigation systems.

2.12.3 Work will generally occur between July and September.

2.13 Tree Removal and Stump Grinding Specifications for As-needed Park Palm Trees

2.13.1 Park palm tree removals - Approximately 1-5 as-needed locations will be provided to contractor yearly throughout the term of the agreement.

24 38077.00180\29168373.12

2.13.2 Same requirements as Section 7.10 except access to work may be limited in width with protection required for turf and irrigation systems.

2.13.3 Work will generally occur between July and September.

2.14 Tree Planting Specifications for As-needed Street and Park Trees

2.14.1 Street tree plantings - Approximately 25 as-needed locations will be provided to contractor yearly throughout the term of the agreement.

2.14.2 Park tree plantings - Approximately 25 as-needed locations will be provided to contractor yearly throughout the term of the agreement.

2.14.3 All tree planting shall be conducted in a professional manner consistent with the accepted standards for the arboriculture profession.

2.14.4 Contractor shall begin tree planting work within ten calendar days after receipt of the list from the City. All work must be completed within thirty calendar days after receipt of the list from the City. Planting is to primarily occur only in the spring months of April through July.

2.14.5 The City will work with Contractor to determine the location and number of trees on each as-needed planting list.

2.14.6 Contractor is not responsible for the purchase of trees to be planted and shall pick up trees at at the direction of the City Project Manager.

2.14.7 Contractor shall be responsible to transport trees from location identified by the City Project Manager to each individual planting site taking care to properly protect all trees from damage.

2.14.8 Contractor shall install new or replacement trees at various City sites. Planting price shall include cost to install per City Detail No. 448 (Street Tree Planting Trees Wells and Medians) and be inclusive of delivery, equipment and labor necessary to plant each tree.

However, the planting price shall not include the cost of the tree.

2.15 Emergency Street and Park Tree Services

2.15.1 When requested by the City Project Manager, Contractor shall provide emergency / on call response for damaged or downed trees as a result of storms or other reasons. Contractor shall provide the City with a three-person crew and 95-ft bucket and/or a three-person crew and 65’ bucket with one Supervisor for emergency service. The Contractor's Supervisor shall be responsible for coordinating call-out personnel with the City Project Manager. Emergency calls may occur at any given time. Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within two hours of the initial telephone call and receive a minimum four- hour emergency call-out for a “65’ basic crew” and/or a “95’ basic crew”. Contractor shall provide a twenty-four-hour emergency phone number of the names of at least five contact individuals upon award of contract. Should the contact persons or their phone numbers change during the contract, Contractor shall submit those changes to the City within two working days.

2.15.2 Contractor shall provide all necessary traffic control during emergency work. Should the work involve high voltage power lines or any utility lines, Contractor shall notify the City Project Manager immediately. When crews are dispatched for storm work, equipment for proper response, in addition to required tooling, including but not limited to handheld spotlight, flares, and rigs must be operational and fully fueled. Contractor shall have a plan available to mobilize said resources at the City's request in the event of a storm.

Contractor crews assigned to the City shall not be reassigned to storm duty outside the City during an emergency event, without the City's specific approval.

25 38077.00180\29168373.12

2.15.3 Contractor may not commence tree removal service on any City tree without authorization from the City Project Manager.

2.15.4 Follow up work after the emergency event work has been addressed shall be performed during normal business hours and billed at the contract rate for those services. Emergency rate fee schedule will not be used.

2.16 Supplemental Street and Park Tree Services

2.16.1 If the City should require additional tree services/work, compensation for these services will be determine in Section B – Annual Compensation for Emergency Street and Park Tree Services. Additional tree services/work may include but not limited to:

SERVICE STAFF NEEDED EQUIPMENT NEEDED
Three-person crew and
aerial lift truck
3 65’ aerial lift truck & min.
15 CY chip truck
Three-person crew and
aerial lift truck
3 95’ aerial lift truck & min.
15 CY chip truck
Evaluations by certified
arborist with
recommendations
1 Passenger vehicle
Loader & Roll-off Truck 2 Loader (3 CY bucket w/
grapple attachment) and 8
CY dump truck
Manual Watering 1 Water truck (minimum
35gpm; 200 gallon tank)
California State
Licensed Pest Control
Advisor
1 Passenger vehicle
California State
Licensed Pest Control
Applicator
1 Passenger vehicle

2.16.2 If the City should require additional tree services/work beyond the requirements of these specifications, Contractor shall provide a quote on a time and materials or lump sum basis.

2.16.3 Contractor shall ensure all work performed under this section is quoted and approved by the City prior to start of work.

2.16.4 Upon prior approval by the City, Contractor may rent specialty equipment for specific projects authorized under the contract. Payment shall be in accordance with the actual invoice for the rental plus markup not to exceed 10%.

2.17 Option to Extend

2.17.1 After the Initial Term, the City reserves the right, at its own sole discretion, to extend the term of this Agreement for up to two additional one-year terms ("Option Periods").

2.18 Renewal Period Compensation

26 38077.00180\29168373.12

2.18.1 In the event the City elects to exercise options after the Initial Term, price adjustments may be considered by the City. At least ninety days prior to the expiration of the term, Contractor shall provide City with its proposed price adjustments and information justifying reasons for any increase. Increases may not exceed the percentage increase of the prevailing wage or Consumer Price Index (CPI) for the San Francisco-Oakland-San Jose Metropolitan Area (all items index; all urban consumers) for the twelve month period ending in May each year as published by the Bureau of Labor Statistics, U.S. Department of Labor in any year, whichever is greater, and are subject to the City's approval.

2.19 Invoicing

2.19.1 Contractor shall invoice the City at the end of each calendar month, using a Microsoft Excel format provided by the City, or approved format.

2.19.2 All invoices shall reference the contract number and detail the dates and hours worked by each crew and work completed during that month.

2.19.3 Invoice format shall include but not be limited to a list of each street that tree maintenance operations took place, the address, the species, DBH and work performed on each individual tree. Other reporting may be requested as needed.

2.19.4 Failure to submit invoices in this format may result in non-payment until the requirements are met.

2.19.5 All completed work must be properly entered into the asset management system by the contractor for each type of tree work completed.

2.19.6 The City will promptly review all invoices submitted by Contractor. Any invoice that the City determines is not proper will be returned to the Contractor with a written explanation.

Any invoice that is properly submitted and undisputed by the City will be processed for payment and will be paid in full within thirty days; retention will not be withheld.

27 38077.00180\29168373.12
EXHIBIT “B”

SCHEDULE OF SERVICES
[RESERVED]

28 38077.00180\29168373.12
EXHIBIT “C”

COMPENSATION
The total compensation shall not exceed One Million Four Hundred Forty Thousand Dollars and Zero Cents ($1,440,000.00), and the total annual compensation for any year shall not exceed Four Hundred Eighty Thousand Dollars and Zero Cents ($480,000.00), without written approval of City Manager. [VENDOR RATE SCHEDULE ON FOLLOWING PAGE]

PART 2 – PROPOSAL OFFER FORM
SECTION A – ANNUAL COMPENSATION (YEARS 1-3)

1.1. Species Specific Street Tree Pruning
Table 1 A-C
ASH
Description Unit Unit Price
Year 1
(A)
Unit Price
Year 2
(B)
Unit Price
Year 3
(C)
3-Year Total

SUM (A-C)
13" to 24" DBH Per tree $ $ $ $
25" to 36" DBH Per tree $ $ $ $
TOTAL (A) $ $ $ $

CHINESE PISTACHIO
Description Unit Unit Price
Year 1
(A)
Unit Price
Year 2
(B)
Unit Price
Year 3
(C)
3-Year Total

SUM (A-C)
7" to 12" DBH Per tree $ $ $ $
13" to 24" DBH Per tree $ $ $ $
TOTAL (B) $ $ $ $

LIQUIDAMBAR
Description Unit Unit Price
Year 1
(A)
Unit Price
Year 2
(B)
Unit Price
Year 3
(C)
3-Year Total

SUM (A-C)
13" to 24" DBH Per tree $ $ $ $
25" to 36" DBH Per tree $ $ $ $
TOTAL (C) $ $ $ $

1.2. Species Specific Park Tree Pruning
Table 2 D

EUCALYPTUS
Description Unit Unit Price
Year 1
(A)
Unit Price
Year 2
(B)
Unit Price
Year 3
(C)
3-Year Total

SUM (A-C)
13" to 24" DBH Per tree $ $ $ $
25" to 36" DBH Per tree $ $ $ $
37” to 48” DBH Per tree $ $ $ $
49” to 60” DBH Pre tree $ $ $ $
649.00 649.00 649.00 1,947.00
999.00 999.00 999.00 2,997.00
1,648.00 1,648.00 1,648.00 4,944.00
299.00 299.00 299.00 897.00
599.00 599.00 599.00 1,797.00
898.00 898.00 898.00 2,694.00
449.00 449.00 449.00 1,347.00
649.00 649.00 649.00 1,947.00
1,098.00 1,098.00 1,098.00 3,294.00
999.00 999.00 999.00 2,997.00
999.00 999.00 999.00 2,997.00
999.00 999.00 999.00 2,997.00
999.00 999.00 999.00 2,997.00

61” to 72” DBH Pre tree $ $ $ $
72”+ DBH Pre tree $ $ $ $
TOTAL (D) $ $ $ $

1.3. Zone Street Tree Pruning
Table 3 E

1.4. As-needed Street Tree Pruning
Table 4 F

1.5. As-needed Street Palm Tree Pruning
Table 5 - G
Description Unit Unit Price
Year 1
(A)
Unit Price
Year 2
(B)
Unit Price
Year 3
(C)
3-Year Total

SUM (A-C)
3" to 6" DBH Per tree $ $ $ $
7" to 12" DBH Per tree $ $ $ $
13" to 24" DBH Per tree $ $ $ $
25" to 30" DBH Per tree $ $ $ $
31" to 48" DBH Per tree $ $ $ $
49" + DBH Per tree $ $ $ $
TOTAL (E) $ $ $ $
Description Unit Unit Price
Year 1
(A)
Unit Price
Year 2
(B)
Unit Price
Year 3
(C)
3-Year Total

SUM (A-C)
3" to 6" DBH Per tree $ $ $ $
7" to 12" DBH Per tree $ $ $ $
13" to 24" DBH Per tree $ $ $ $
25" to 30" DBH Per tree $ $ $ $
31" to 48" DBH Per tree $ $ $ $
49" + DBH Per tree $ $ $ $
TOTAL (F) $ $ $ $
Description Unit Unit Price
Year 1
(A)
Unit Price
Year 2
(B)
Unit Price
Year 3
(C)
3-Year Total

SUM (A-C)
Canary Island
Palm
Per tree $ $ $ $
Mexican Fan
Palm
Per tree $ $ $ $
Majesty Palm Per tree $ $ $ $
Windmill Palm Per tree $ $ $ $
999.00 999.00 999.00 2,997.00
999.00 999.00 999.00 2,997.00
5,994.00 5,994.00 5,994.00 17,982.00
139.00 139.00 139.00 417.00
139.00 139.00 139.00 417.00
139.00 139.00 139.00 417.00
199.00 199.00 199.00 597.00
199.00 199.00 199.00 597.00
199.00 199.00 199.00 597.00
1,014.00 1,014.00 1,014.00 3,042.00
139.00 139.00 139.00 417.00
249.00 249.00 249.00 747.00
349.00 349.00 349.00 1,047.00
649.00 649.00 649.00 1,947.00
649.00 649.00 649.00 1,947.00
999.00 999.00 999.00 2,997.00
3,034.00 3,034.00 3,034.00 9,102.00
349.00 349.00 349.00 1,047.00
269.00 269.00 269.00 807.00

59.00 59.00 59.00 117.00

59.00 59.00 59.00 117.00

Date Palm Per tree $ $ $ $
Queen Palm Per tree $ $ $ $
Myola Palm Per Tree $ $ $ $
California Fan
Palm
Per Tree $ $ $ $
Australian
Cabbage Palm
Per Tree $ $ $ $
Guadalupe Palm Per Tree $ $ $ $
TOTAL (G)$ $ $ $

1.6. As-needed Park Palm Tree Pruning
Table 6 - H

1.7. As-needed Park Tree Pruning All Species
Table 7 - I

1.8. As-needed Street Tree Removal with Stump Grinding
Table 8 - J
Description Unit Unit Price
Year 1
(A)
Unit Price
Year 2
(B)
Unit Price
Year 3
(C)
3-Year Total

SUM (A-C)
California Fan
Palm
Per tree $ $ $ $
Canary Island
Date Palm
Per tree $ $ $ $
Mexican Fan
Palm
Per tree $ $ $ $
TOTAL (H)$ $ $ $
Description Unit Unit Price
Year 1
(A)
Unit Price
Year 2
(B)
Unit Price
Year 3
(C)
3-Year Total

SUM (A-C)
3" to 6" DBH Per tree $ $ $ $
7" to 12" DBH Per tree $ $ $ $
13" to 24" DBH Per tree $ $ $ $
25" to 36" DBH Per tree $ $ $ $
37" to 48" DBH Per tree $ $ $ $
49" + DBH Per tree $ $ $ $
TOTAL (I)$ $ $ $
Description Unit Unit Price
Year 1
(A)
Unit Price
Year 2
(B)
Unit Price
Year 3
(C)
3-Year Total

SUM (A-C)
349.00 349.00 349.00 1,047.00

99.00 99.00 99.00 297.00

59.00 59.00 59.00 117.00
269.00 269.00 269.00 807.00

59.00 59.00 59.00 117.00
179.00 179.00 179.00 537.00
1,750.00 1,750.00 1,750.00 5,250.00
269.00 269.00 269.00 807.00
349.00 349.00 349.00 1,047.00
269.00 269.00 269.00 807.00
887.00 887.00 887.00 2,661.00
139.00 139.00 139.00 417.00
249.00 249.00 249.00 747.00
349.00 349.00 349.00 1,047.00
649.00 649.00 649.00 1,947.00
649.00 649.00 649.00 1,947.00
999.00 999.00 999.00 2,997.00
3,034.00 3,034.00 3,034.00 9,102.00

3" to 6" DBH Per tree $ $ $ $
7" to 12" DBH Per tree $ $ $ $
13" to 24" DBH Per tree $ $ $ $
25" to 36" DBH Per tree $ $ $ $
37" to 48" DBH Per tree $ $ $ $
49" + DBH Per tree $ $ $ $
TOTAL (J)$ $ $ $

1.9. As-needed Palm Tree Removal with Stump Grinding
Table 9 - K

1.10. As-needed Park Tree Removal with Stump Grinding
Table 10 - L
Description Unit Unit Price
Year 1
(A)
Unit Price
Year 2
(B)
Unit Price
Year 3
(C)
3-Year Total

SUM (A-C)
Canary Island
Palm
Per tree $ $ $ $
Mexican Fan
Palm
Per tree $ $ $ $
Majesty Palm Per tree $ $ $ $
Windmill Palm Per tree $ $ $ $
Date Palm Per tree $ $ $ $
Queen Palm Per tree $ $ $ $
Myola Palm Per Tree $ $ $ $
Guadalupe Palm Per Tree $ $ $ $
Australian
Cabbage Palm
Per Tree $ $ $ $
California Fan
Palm
Per Tree $ $ $ $
TOTAL (K)$ $ $ $
Description Unit Unit Price
Year 1
(A)
Unit Price
Year 2
(B)
Unit Price
Year 3
(C)
3-Year Total

SUM (A-C)
3" to 6" DBH Per tree $ $ $ $
7" to 12" DBH Per tree $ $ $ $
13" to 24" DBH Per tree $ $ $ $
25" to 36" DBH Per tree $ $ $ $
37" to 48" DBH Per tree $ $ $ $
369.00 369.00 369.00 1,107.00
749.00 749.00 749.00 2,247.00
1,749.00 1,749.00 1,749.00 5,247.00
2,399.00 2,399.00 2,399.00 7,197.00
3,699.00 3,699.00 3,699.00 11,097.00
3,699.00 3,699.00 3,699.00 11,097.00
12,664.00 12,664.00 12,664.00 37,992.00
2,499.00 2,499.00 2,499.00 7,497.00
1,999.00 1,999.00 1,999.00 5,997.00
100.00 100.00 100.00 300.00
100.00 100.00 100.00 300.00
2,499.00 2,499.00 2,499.00 7,497.00
749.00 749.00 749.00 2,247.00
100.00 100.00 100.00 300.00
100.00 100.00 100.00 300.00
100.00 100.00 100.00 300.00
2,499.00 2,499.00 2,499.00 7,497.00
10,745.00 10,745.00 10,745.00 32,235.00
369.00 369.00 369.00 1,107.00
749.00 749.00 749.00 2,247.00
1,749.00 1,749.00 1,749.00 5,247.00
2,399.00 2,399.00 2,399.00 7,197.00
3,699.00 3,699.00 3,699.00 11,097.00

49" + DBH Per tree $ $ $ $
TOTAL (L)$ $ $ $

1.11. As-needed Park Palm Tree Removal with Stump Grinding Table 11 - M

1.12. As-needed Street and Park Tree Planting
Table 12 - N
Description Unit Unit Price
Year 1
(A)
Unit Price
Year 2
(B)
Unit Price
Year 3
(C)
3-Year Total

SUM (A-C)
California Fan
Palm
Per tree $ $ $ $
Canary Island
Date Palm
Per tree $ $ $ $
Mexican Fan
Palm
Per tree $ $ $ $
TOTAL (M)$ $ $ $
Description Unit Unit Price
Year 1
(A)
Unit Price
Year 2
(B)
Unit Price
Year 3
(C)
3-Year Total

SUM (A-C)
Tree Planting
- 15-gallon
tree
Per tree $ $ $ $
Tree Planting
- 24-gallon
tree
Per tree $ $ $ $
TOTAL (N) $ $ $ $
3,699.00 3,699.00 3,699.00 11,097.00
12,664.00 12,664.00 12,664.00 37,992.00
2,499.00 2,499.00 2,499.00 7,497.00
2,499.00 2,499.00 2,499.00 7,497.00
1,999.00 1,999.00 1,999.00 5,997.00
6,997.00 6,997.00 6,997.00 20,991.00
349.00 349.00 349.00 1,047.00
599.00 599.00 599.00 1,797.00
948.00 948.00 948.00 2,844.00

TOTAL FOR ALL SECTION A MAINTENANCE TASKS
Quantities listed herein are three-year estimates based on past usage and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied.

Use the per task three-year total from the previous Section A pages to fill out the bid form
TOTAL 3-YEAR COMPENSATION FOR SECTION A BID FORM
WORK PERFORMED TABLE NUMBER & LETTER TABLE 1-12
3-YEAR TOTALS
Species Specific
Street Tree Pruning -
ASH
Table 1 A $
Species Specific
Street Tree Pruning –

CHINESE PISTACHIO
Table 1 B $
Species Specific
Street Tree Pruning –

LIQUID AMBER
Table 1 C $
Species Specific
Park Tree Pruning

EUCALYPTUS
Table 2 D $
Zone Street Tree
Pruning
Table 3 E $
As-needed Street
Tree Pruning
Table 4 F $
As-needed Street
Palm Tree Pruning
Table 5 G $
As-needed Park
Palm Tree Pruning
Table 6 H $
As-needed Park Tree
Pruning All Species
Table 7 I $
As-needed Street
Tree Removal with
Stump Grinding
Table 8 J $
As-needed Palm Tree
Removal with Stump
Grinding
Table 9 K $
As-needed Park Tree
Removal with Stump
Grinding
Table 10 L $
As-needed Park
Palm Tree Removal
with Stump Grinding
Table 11 M $
As-needed Street
and Park Tree
Planting
Table 12 N $
SECTION A 3-YEAR TOTAL $
4,944.00
2,694.00
3,294.00
17,982.00
3,042.00
9,102.00
5,250.00
2,661.00
9,102.00
37,992.00
32,235.00
37,992.00
20,991.00
2,844.00
190,125.00

SECTION B – ANNUAL COMPENSATION

2. Emergency Street and Park Tree Services
Table 13 - O
Description Unit Unit Price
Year 1
(A)
Unit Price
Year 2
(B)
Unit Price
Year 3
(C)
3-Year Total

SUM (A-C)
Three-person crew
and 65-ft aerial lift w/
chip truck
Contractor must
provide, when
requested by the City
Project Manager or
police dispatcher, a
minimum four-hour
emergency call-out
“65’ basic crew”.

Contractor shall be
available to respond
within two hours for the
period of the
Agreement emergency
work.

Hour $ $ $ $
Three-person crew
and 95-Ft Bucket w/
chip truck
Contractor must
provide, when
requested by the City
Project Manager or
police dispatcher, a
minimum four-hour
emergency call-out
“95’ basic crew”.

Contractor shall be
available to respond
within two hour for the
period of the
Agreement
emergency work.

Hour $ $ $ $
Supervisor Hour $ $ $ $
TOTAL (O)$ $ $ $
390.00 390.00 390.00 1,170.00
390.00 390.00 390.00 1,170.00
130.00 130.00 130.00 390.00
910.00 910.00 910.00 2,730.00

2.1. Supplemental Services
Table 14 - P
Description Unit Unit Price
Year 1
(A)
Unit Price
Year 2
(B)
Unit Price
Year 3
(C)
3-Year Total

SUM (A-C)
Three-person crew and
65’ aerial lift truck w/ chip
truck
Hour $ $ $ $
Three-person crew and
95’ aerial lift truck w/
chip truck
Hour $ $ $ $
Evaluations by certified
arborist with
recommendations
Each $ $ $ $
Loader & Roll-off Truck Hour $ $ $ $
Manual Watering Hour $ $ $ $
California State
Licensed Pest Control
Advisor
Hour $ $ $ $
California State
Licensed Pest Control
Applicator
Hour $ $ $ $
TOTAL (P)$ $ $ $
* Contractor-purchased materials and third-party services not identified and as approved by the City will be on the Contractor's actual cost plus a mark-up of 10%. All rates are inclusive, unless specified to the contrary, of all costs including all salaries, labor, overhead costs, general and administrative costs, travel, and profit. Overhead costs shall include all tools, equipment, and related items that may be required to perform the work. 360.00 360.00 360.00 1,080.00
450.00 450.00 450.00 1,350.00
600.00 600.00 600.00 1,800.00
150.00 150.00 150.00 450.00
120.00 120.00 120.00 360.00
150.00 150.00 150.00 450.00
120.00 120.00 120.00 360.00
1,950.00 1,950.00 1,950.00 5,850.00

TOTAL FOR ALL SECTION B MAINTENANCE TASKS
Use the per task three-year total from the previous Section B pages to fill out the bid form
TOTAL 3-YEAR COMPENSATION FOR SECTION B BID FORM
WORK PERFORMED TABLE NUMBER & LETTER TABLE 12-13
3-YEAR TOTALS
Emergency Street and
Park Tree Services
Table 13 O $
Supplemental Services Table 14 P $
SECTION B 3-YEAR TOTAL $
TOTAL FOR ALL SECTION A + SECTION B MAINTENANCE TASKS
SECTION LETTER TOTAL NUMBER & LETTER TABLE 1-14 TOTALS
A Tables 1 A – 12 N $
B Table 13 O – 14 P $
3-YEAR TOTAL $
2,730.00
5,850.00
8,580.00
190,125.00
8,580.00
198,705.00

29 38077.00180\29168373.12
EXHIBIT “D”

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

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

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

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

Commercial General Liability (CGL):

Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. _X Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

Automobile Liability:
_X Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.

30 38077.00180\29168373.12
Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single limit for bodily injury and property damage.

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

Professional Liability (Errors and Omissions):
_X Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate. (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.

Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than per occurrence or claim, aggregate
Workers’ Compensation Insurance:

X Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor or Consultant provides written verification it has no employees) The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Builder’s Risk (Course of Construction):

Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment.

The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

Contractor’s or Consultant’s Pollution Legal Liability:

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

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

Cyber Liability Insurance

31 38077.00180\29168373.12
Cyber Liability Insurance with limits not less than $1,000,000 per claim.

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

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

Surety Bonds:

Contractor shall provide the following Surety Bonds:

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

Other Insurance Provisions:

The insurance policies are to contain, or be endorsed to contain the following provisions:
_X Additional Insured Status and Primary/Non-Contributory Language:

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

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

Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)
Contractor or Consultant may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

32 38077.00180\29168373.12
_X Notice of Cancellation, Suspension or Otherwise Voiding Policies:

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

Contractor or Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Consultant, its employees, agents and subcontractors.

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

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS
Deductibles and Self-Insured Retentions (“SIR”):

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

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

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

City reserves the right to obtain a full-certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers:

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

33 38077.00180\29168373.12
Claims Made Policies: (note - should be applicable only to professional liability, see below)

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

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

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

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

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

Subcontractors:

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

Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub- subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.

Verification of Coverage:

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

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

34 38077.00180\29168373.12
Failure to Comply:

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

Applicability of Coverage:

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

35 38077.00180\29168373.12
EXHIBIT “E”

FEDERAL REQUIREMENTS
[RESERVED]

RESOLUTION NO. ______

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

THE PROJECT AGREEMENT AND SPECIFICATIONS, AUTHORIZING THE

AGREEMENT TO THE MOST RESPONSIVE, RESPONSIBLE PROPOSER, WEST

COAST ARBORIST, INC, IN THE NOT-TO-EXCEED ANNUAL AMOUNT OF $480,000.00 AND A TOTAL NOT-TO-EXCEED THREE-YEAR AMOUNT OF $1,440,000 FOR TREE MAINTENANCE SERVICES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH WEST COAST ARBORIST, INC., SUBJECT

TO THE APPROPRIATION OF FUNDS
WHEREAS, the Tree Maintenance Services Project (collectively referred to herein as the “Project”), which will include work in the first three years to the pruning of specific species and sizes of trees that have been the most prone to claim while also providing staff the flexibility to direct tree work anywhere in the City. Work is estimated to include:
•Ash Trees - In the first year, it is the goal to have approximately 100 trees with 25”-36” diameter at breast height (DBH) pruned and in years one and two to also have approximately 300 trees with 13”- 24” DBH pruned; and
•Chinese Pistachio - In the first year, it is the goal to have approximately 275 trees with 13” – 24” DBH pruned and in years two and three to have approximately 250 trees with 7” – 12” DBH pruned; and
•Liquidambar - In the first year, it is the goal to have approximately 25 trees with 25” – 36” DBH pruned and in years two and three to have approximately 250 trees with 13” – 24” DBH pruned; and •Eucalyptus – In the first year, it is the goal to have approximately 40 trees with 13” – 24” DBH, 40 trees with 25” – 36” DBH, 20 trees with 37” – 48” DBH, 5 trees with 49” – 60” DBH, 4 trees with 61” – 72” DBH, and 2 trees with 72”+ DBH pruned; and
•Grid pruning of 700-1000 trees annually for the first three years of the agreement; and •Timely respond to service request pruning; and
WHEREAS, the City Council as part of the adoption of the FY 2024-25 Budget approved the allocation of $480,000 for the maintenance of City trees and protected street trees; and WHEREAS, the Purchasing Division of the Finance Department posted a Request for Proposals (RFP 25- 003) for the City-owned Tree Maintenance Services Project on July 23, 2024; and WHEREAS, on August 22, 2024, three responsive, responsible proposals were received; and WHEREAS, an Evaluation Committee reviewed all received proposals and evaluated on the weighted criteria of cover letter, qualifications of business and key personnel, maintenance of asset management system, approach to providing requested services and meet standards, references, financial responsibility, and proposed compensation; and
WHEREAS, sufficient funds to award the Project are available in the Project budget; and WHEREAS, staff recommends the City Council approve the Project agreement and specifications; and

2 Resolution No. XXXX
WHEREAS, staff recommends the City Council authorize an agreement with West Coast Arborist, Inc., the most responsive proposer for the Project, and authorize the City Manager to execute an agreement in the annual not-to-exceed amount of $480,000 and a total three-year not-to-exceed amount of $1,440,000 for Tree Maintenance Services; and
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

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

2. This action does not constitute a “project” within the meaning of Public Resources Code Section 21065 and/or the California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(2), 15262, and/or 15378 as it has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and, moreover, is an administrative action related to the purchase of supplies within the meaning of CEQA Guidelines Section15378(b)(2). Even if this activity is a project for CEQA analysis, it falls within the “Common Sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply.

3. The City Council hereby approves the Projects agreement and specifications.

4. The City Council approves the award of this contract to West Coast Arborist, Inc. and finds all prerequisites in the City’s competitive procurement process fulfilled.

5. The City Council hereby authorizes the agreement to and authorizes the City Manager to execute the agreement and related documents with the most responsive proposer, West Coast Arborist, Inc., in the annual not-to-exceed amount of $480,000 and a total three-year not-to-exceed amount of $1,440,000 for the Tree Maintenance Services Project.

6. The City Manager is hereby authorized to execute the agreement with West Coast Arborist, Inc. for the Project.

PASSED AND ADOPTED this ____ day of October, 2024 the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_____________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

3 Resolution No. XXXX
APPROVED AS TO FORM:
_____________________________
Michael Mutalipassi, City Attorney

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Authorize the City Manager to Execute the Fee Reimbursement Agreement for Sanitary Sewer Sectional Liner Improvements at the 1355 California Circle Project by Pulte Home Company, LLC (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; Michael Silveira, City Engineer, 408-586-3303) Category: Consent Calendar-Community Development
Meeting Date: 10/1/2024
Recommendation (1) Authorize the City Manager to Execute the Fee Reimbursement Agreement for Sanitary Sewer Sectional Liner Improvements at the 1355 California Circle Project by Pulte Home Company, LLC; and (2) Approve a budget appropriation in the amount of $551,995.20 to the non-departmental operating budget in the Sewer Infrastructure Fund.

BACKGROUND:

On November 7, 2023, the City Council approved a Site Development Permit No. SD22-0003, Conditional Use Permit No. UP22-0001, Vesting Tentative Map No. MT22-0001, and Environmental Assessment No. EA22- 0002 that allowed the a 6.7 acre site located on 1355 California Circle to be developed into thirteen multi-family residential buildings comprising of a 131-unit townhome-style condominium and a six-story apartment building consisting of 75 affordable residential units (“Development”). This Project is known as California Circle, and the developer is Pulte Home Company, LLC (Developer). On June 18, 2024, the City Council approved the Final Map, Tract No. 10622 and Subdivision Improvement Agreement for the Development.

The adopted Sanitary Sewer Master Plan dated August 9, 2022, identifies the sanitary sewer main at California Circle to be in need of improvement as a near term project (within 5 years) in order to prevent further deterioration and to be financed by the City’s Sewer Infrastructure Fund. The sanitary sewer main collects a majority of the wastewater in the northern area of the City before discharging to the San Jose Treatment Plant through the City’s Main Lift Station. Due to the development’s proximity and the need for eventual improvements, staff requested the developer to rehabilitate the sanitary sewer main on the City’s behalf.

Pursuant to the conditions of approval for the Project set forth in City Council Resolution No. 9283 on November 7, 2023, (Attachment 2), the developer is to install a sectional liner of 525-feet within the existing sanitary sewer main at California Circle along the project frontage per a fair share payment structure to be determined prior to issuance of the building permit.

A Fee Reimbursement Agreement (Attachment 1) is being proposed to reimburse the developer for the work against the City’s Sewer Infrastructure Fund. The Fee Reimbursement Agreement has been reviewed by the City Attorney as to form.

ANALYSIS:

Staff recommends the City Council grant authorization to the City Manager to execute the Fee Reimbursement Agreement for the installation of a sectional liner of 525-feet within the existing sanitary sewer main at California Circle and to reimburse the developer 80 percent of the actual design and construction cost for a not-to-exceed the amount of $551.995.20. The estimated project valuation amount is $689,994.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve granting authorization to the City Manager to approve the Fee Reimbursement Agreement Amendment.

Pros: None

Cons: If the Fee Reimbursement Agreement is not authorized, the City would have to find other means to reimburse the developer or the City would have to install the sanitary sewer sectional liner on its own in the future. The City has determined that there will be greater efficiency if the developer installs the sectional liner.

Reason for not recommending: Granting acceptance of installed public improvements would allow the City to own and maintain the improvements and would ensure the City is in compliance with the terms of the agreement with the developer.

FISCAL IMPACT:

The reimbursement for the sanitary sewer sectional liner will be funded by the City Sewer Infrastructure Fund through CP 6135 Sanitary Sewer CCTV Inspections & Improvement. The City shall pay the reimbursement required upon Developer completion and City acceptance of the improvements. The reimbursement amount shall not exceed $551,995.20 which is based on an estimated value amount of $689,994.

California Environmental Quality Act (CEQA):

Granting authorization to the City Manager to approve the Fee Reimbursement Agreement is not considered a project under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

RECOMMENDATION:
(1) Authorize the City Manager to Execute the Fee Reimbursement Agreement for Sanitary Sewer Sectional Liner Improvements at the 1355 California Circle Project by Pulte Home Company, LLC. (2) Approve budget appropriation in the amount of $551,995.20 to the non-departmental operating budget in the Sewer Infrastructure Fund.

Attachment(s):
(a) Fee Reimbursement Agreement
(b) Resolution No. 9283
(c) Budget Change Form

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Authorizing the Purchase of a Cleaning and Excavation Truck from Owen’s Equipment through a Sourcewell Cooperative Purchase (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 10/1/2024
Recommendation: Adopt a resolution authorizing the purchase of a cleaning and excavation truck for the Public Works Department from Owen’s Equipment through a Sourcewell Cooperative Purchase Agreement in an amount not-to-exceed $677,713.

BACKGROUND:

The Public Works Utilities Water Division (Division) is responsible for the maintenance and repairs of the City water distribution system. The City’s existing potable water system includes the following major facilities: five turnouts, one emergency groundwater well, three emergency interties, five storage reservoirs, five pump stations, 17 pressure-reducing valves (PRVs), and approximately 183 miles of pipelines and over 17,000 service connections.

The Division is currently equipped with one (1) combination cleaning and excavation truck for hydro-excavation of emergency water main and service line repairs. Unit 431U-2006 is 18 years old with 147,767 miles; approximately $216,960 has spent to date on maintenance including major repairs. The unit has been out of service since early July due to a failed blower. Staff secured a rental unit while the repair is being made which is anticipated to be completed by the beginning of October.

ANALYSIS:

The Utilities Water Division manages 183 miles of water main lines and over 17,000 service connections. In such a large system, leaks are inevitable and require immediate attention to mitigate water loss and property damage. The hydro-excavator is considered an emergency response vehicle and is a critical component to any water leak repair. It allows our crews to work more safely and effectively, therefore reducing customer downtime and ensuring adequate water service delivery.

The Public Works Department recommends the purchase of one (1) cleaning and excavation truck from Owen’s Equipment for hydro-excavation of emergency water main and service line repairs through a Sourcewell Cooperative Purchase Contract. The purchase of this unit will enable timely, effective, and efficient repairs of the City’s water pipeline system.

Consistent with Section I-2-3.05 of the Municipal Code, which authorizes the Purchasing Agent to make purchases based upon an agreement or cooperative purchasing program entered into by another public agency, the Purchasing Agent has reviewed all the documentation from Sourcewell and has determined the underlying agreement or program was made utilizing competitive negotiation or procurement procedures at least as restrictive as the City’s, and the price quoted is the same as offered in the original contract.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve the purchase.

Pros: None
Cons: Staff will need to rely on renting a combination truck to continue operations.

Reason for Not Recommending: The rental for this equipment runs $5,000 per week which is a significant drain on the operations budget.

FISCAL IMPACT:

Funding for this purchase is available in the Equipment Replacement Fund ($300,000) with the remaining balance funded from CIP 7140 - Cross Connection Program ($377,713). The funding source for CIP 7140 is Water Capital Surcharge. As of 9/24/2024, the available balance for CIP 7140 is $644,440.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action does not constitute a “project” within the meaning of Public Resources Code Section 21065 and/or the California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(2), 15262, and/or 15378 as it has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and, moreover, is an administrative action related to the purchase of supplies within the meaning of CEQA Guidelines Section15378(b)(2). Even if this activity is a project for CEQA analysis, it falls within the “Common Sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply.

RECOMMENDATION:

Adopt a resolution authorizing the purchase of a cleaning and excavation truck for the Public Works Department from Owen’s Equipment through a Sourcewell Cooperative Purchase Agreement in an amount not-to-exceed $677,713
ATTACHMENT(S):
(a) Owen’s Equipment quote
(b) Resolution

2100i
Quote Number:-2023-70010
Date:- 08-07-2024

Team Member :- John Abramowski
Tel : -
Presents a

Proposal Summary
2100i
Truck Mounted Single Engine
Combination Sewer Cleaner

For
City of Milpitas

2100i
Quote Number:-2023-70010
Date:- 08-07-2024

Team Member :- John
Abramowski
Tel : -
BASIC
MODEL
Vacuum System
Model Type
Water Flow
Chassis Source
Controls
Roots 824-18 Blower
Combo

80.00 Customer

Debris Body Capacity (cu.yd.)
Water Capacity
Water Pressure
Water Tank Material
Blower High Temp Shutdown

12.00 1300
2500
Aluminum
true

CHASSIS
CUSTOMER-ITL Customer Supplied HV607, 6x4, L9 370, Auto, 66000 GVWR 0

STANDARD FEATURES

011iSTD Aluminum Fenders
012iSTD Mud Flaps
014iSTD Electric/Hydraulic Four Way Boom
016iSTD Color Coded Sealed Electrical System
019iASTD Intuitouch Electronic Package
020iSTD Double Acting Hoist Cylinder
025iASTD Handgun Assembly
026iSTD Ex-Ten Steel Cylindrical Debris Tank
030iSTD Flexible Hose Guide
032iSTD (3) Nozzles with Carbide Inserts w/Rack
045iSTD Suction Tube Storage
046iSTD 1" Nozzle Pipe
048iSTD 10' Leader Hose
1001iSTD Flat Rear Door w/Hydraulic Locks
1005iSTD Dual Stainless Steel Float Shut Off System
2001iSTD Low Water Indicator On Screen w/Alarm and Water Pump Flow Indicator
2011iSTD 3" Y -Strainer at Passenger Side Fill with 25' Fill Hose 2022iSTD Additional Water Tank Sight Gauge
2023iSTD Liquid Float Level Indicator
3019iSTD Digital Water Pressure Gauge

2100i
Quote Number:-2023-70010
Date:- 08-07-2024

Team Member :- John
Abramowski
Tel : -
4006iSTD Front Joystick Boom Control
4010iSTD Boom Hose Storage
4017iSTD Boom Out of Position Message and Alarm
5010iSTD Rodder System Accumulator - Jack Hammer on/off Control w/ manual valve
5011iSTD 3"Y -Strainer @ Water Pump
5015iSTD Midship Handgun Coupling
5019iSTD Chassis Engine Cooling Package
5022iSTD Side Mounted Water Pump
6005iDSTD Digital Hose Footage Counter
6007iSTD Hose Reel Manual Hyd Extend/Retract
6009iSTD Hose Reel Chain Cover
6017iSTD Hydraulic Tank Shutoff Valves
6020iBSTD Hydraulic Extending 15" - Rotating Hose Reel - 1" x800' Capacity 7001iSTD Tachometer/Chassis Engine w/Hourmeter
7003iSTD Water Pump Hour Meter
7004iSTD PTO Hour Meter
7005iSTD Hydraulic Oil Temp Alarm
7007iSTD Tachometer & Hourmeter/Blower
8000iSTD Circuit Breakers
8025iSTD LED Lights- Clearance- Back-up- Stop- Tail & Turn 9002iSTD Tow Hooks- Front and Rear
9003iSTD Electronic Back-Up Alarm
i110STD Module Paint- DuPont Imron Elite - Wet on Wet
S390ASTD 8" Vacuum Pipe Package
S560STD Emergency Flare Kit
S590STD Fire Extinguisher 5 Lbs.
1011iSTD Microstrainer Prior to Blower
1024iSTD Debris Body Vacuum Relief System
1031iSTD Debris Deflector Plate
1033iSTD 60" Dump Height
1041iSTD Debris Body-Up Message and Alarm

2100i
Quote Number:-2023-70010
Date:- 08-07-2024

Team Member :- John
Abramowski
Tel : -
BOOM
4011iB Bellypack Wireless Controls with hose reel controls- 2-way communications- and LCD Display
4013i Rotatable Boom Inlet Hose
4014i 180 deg. 5 x 5 Extendable/Telescoping Boom
180 deg. 10’ Telescopic Boom w/ Hard Hat

DEBRIS BODY
1016iSTD “Subframe Mounted -2 Pipe Rack -8”
1003i Debris Body Flushout
1005iA S.S Float Ball Cage for Float Shut Off System
1010iA Pump Off Ports Only
1014i Centrifugal Separators (Cyclones)
1015i Folding Pipe Rack – Curbside -8” Pipe
1015iA Folding Pipe Rack – Streetside -8” Pipe
1022i Rear Door Splash Shield
1023i Lube Manifold, with Lube Chart
3021i Digital Debris Body Level Indicator Tied to Vacuum Relief 4020i Anti Splash Valve- Body Inlet
1015iBFSTD Fixed Rear Door Pipe Rack -8” Pipe

VACUUM OPTIONS
3015i Front Blower Controls
3017i Blower High Temp Safety Shutdown

REAR DOOR
1008i 6” Rear Door Knife Valve w/Camloc – 3:00 position 1008iA 6” Rear Door Knife Valve w/Camloc w/Port -6:00 position 1009iD Full Rear Door Swinging Screen

HOSE REEL
6002iB 600’ x 1” Piranha Sewer Hose2500 PSI in lieu of STD

2100i
Quote Number:-2023-70010
Date:- 08-07-2024

Team Member :- John
Abramowski
Tel : -
6004iD Rodder Hose Pinch Roller
6014i High Pressure Hose Reel
6025iE Hose Wind Guide (Dual Roller)- Auto- Power Indexing 8030i Hose Reel Wrapped for Delivery

WATER TANKS
2016i Additional Water- 1300 Gal Total
3020i Digital Water Level Indicator
5015i Handgun Couplers- Front and Rear
6026i Washington State DOT Legal Front Hose Reel

MISCELLANEOUS
015iSTD Customer Supplied Chassis Modification Charge
8024i Amber Lights for Flashing Light Package
9023iA Safety Cone Storage Rack – Post Style
CM-CUSTOM-2025-01 Chassis Modifications – 2025 CUSTOM Chassis

LIGHTING
8001iM Rear Directional Control- LED Arrowstick
8004iF Rear Mounted- LED Beacon Light w/ Limb Guard
8004iG Front Mounted- LED Beacon Light w/Limb Guard
8020iL 14 Light Package- 14 Federal Signal Strobe Lights- LED 8027i LED Mid-Ship Turn Signals
8028i Worklights (2)- LED-Boom
8029i Worklights (2)- LED- Rear Door
8029iA Worklight- LED- Operators Station
8029iC Worklight- LED- Passenger Side
8029iD Worklight- LED- Driver Side
9021iB Camera System- Front- Rear and Both Sides

PAINT
Cab Paint Color White

2100i
Quote Number:-2023-70010
Date:- 08-07-2024

Team Member :- John
Abramowski
Tel : -
Module Paint Color White
i124STD Vactor 2100i Body Decal- Standard
V-LOGO-APPL. Vactor Logos – Applied

TOOLBOX
010i Operator Station Curbside Toolbox – with Lighting 6031i Front Hose Reel Tool Storage
9070iA Toolbox- Front Bumper Mounted- 16 x 12 x 18 w/(2) LED Side Markers
9070iB Long Handle Tool Storage
9071iEL Toolbox- Behind Cab – 16w 30h x 96d – with Lighting 9072iAL Toolbox- Driver Side Chassis Frame- 60w x 24h x 24d – with Lighting
9074iAL Toolbox- Driver Side Subframe- 18w x 24h x 24d – with Lighting

WATER ACCESSORIES
2006i Air Purge
5008iB Cold Weather Recirculator- PTO Driven- 25 GPM
5021iC Hydro Excavation Kit – Includes Lances w/ Shield- Nozzles- Storage Tray- and Vacuum Tube
6019i Rodder Pump Drain Valves

WATER SYSTEM
5002iA 80 GPM/2500 PSI Jet Rodder pump

2100i
Quote Number:-2023-70010
Date:- 08-07-2024

Team Member :- John
Abramowski
Tel : -

Sourcewell price for Vactor 2100i...…………..………..……………………….…………………..$619,623.00 Tax @9.375 %......................................................................................................................................$58,089.66 Total Price FOB Milpitas..………….……………………………………………………….........…$677,712.66 Registration and training included

THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND

SELLER MAKES NO WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR

OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.

NOTE: Price is good until July 14th, 2024. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented. All payments made will be made due to Owen Equipment.

TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted.

DELIVERY: 3-4 Months ARO if Approved While Unit is in Stock TERMS: Net 10

Let me know if you need any additional information. I can provide you with a bid spec if you need it. I would welcome the opportunity to set up a demo to show you guys just how easy it is to use our unit. If you have any questions, please give me a call at (916) 947-0986.

Sincerely,

Jordan Slabaugh

2100i
Quote Number:-2023-70010
Date:- 08-07-2024

Team Member :- John Abramowski
Tel : -

2100i
Quote Number:-2023-70010
Date:- 08-07-2024

Team Member :- John
Abramowski
Tel : -
DomesticSales Terms and Conditions

ORDERS: All orders are subject to acceptance by VactorManufacturing, Inc. or Guzzler Manufacturing, Inc. (hereafter referred to as Vactor). Orders for products not normally carried in stock or requiring special engineering or manufacturing is in every case subject to approval by Vactor's Management.

PRICES: All orders are subject to current prices in effect at the time of order acknowledgement. F.O.B. Point: Unless otherwise stated, all prices listed are F.O.B. factory.  Vactor reserves the right to increase the order price set forth in this Proposal Summary at any time before delivery to Buyer to reflect any increase in Vactor's costs to manufacture or deliver the ordered product due to any factor beyond the reasonable control of Vactor.  Vactor shall provide Buyer with prompt electronic notice of any such price increase.  Buyer shall have five days from receipt of such notice to cancel its order, absent which Buyer shall be deemed to have consented to the price increase.

PAYMENT TERMS: The company's payment terms are due upon receipt, unless otherwise stated. However, until such time as Vactor receives full payment, Vactor shall maintain a purchase money security interest in the product.

CANCELLATION: Orders cannot be cancelled except upon terms that will compensate Vactor for any loss or damage sustained. Such loss will be a minimum of 10% of the purchase price.

SHIPMENT: All proposals are based on continuous and uninterrupted delivery of the order upon completion, unless specifications distinctly state otherwise. In the event that agreement is reached for Vactor to store completed items, they will be immediately invoiced to the customer and become due and payable. Storage shall be at the risk of the customer and Vactor shall be liable only for ordinary care of the property.

STORAGE CHARGES: Vactor shall charge the customer at current rates for handling and storing customer's property (e.g. truck chassis) held for more than thirty (30) days after notification of availability for shipment. All customer's prop erty, or third party's property, that is stored by Vactor is at the customer's or other party's risk. Vactor is not liable for any loss or damage thereto caused by fire, water, corrosion, theft, negligence, or any caused beyond its reasonable control.

PERFORMANCE: Vactor shall not be liable for failure to complete the contract in accordance with its terms if failure is due to wars, strikes, fires, floods, accidents, delays in transportation or other causes beyond its reasonable control.

EXPERIMENTAL WORK: Work performed at customer's request such as sketches, drawings, design, testing, fabrication and materials shall be charged at current rates.

SKETCHES, ENGINEERING DRAWINGS, MODELS and all preparatory work created or furnished by Vactor, shall remain its exclusive property; and no use of same shall be made nor may ideas obtained therefrom be used except with the consent of and on terms acceptable to Vactor.

TAXES: Buyer's final cost shall include all applicable sales and use taxes, including all sales and use taxes attributable to any changes made to Buyer's initial order placed hereunder or to any changes to applicable sales and use tax laws.

However, Vactor Manufacturing, Inc. shall be responsible for Federal Excise Tax(F.E.T.) unless it is separately stated on the invoice and added to the selling price. If F.E.T. is not separately stated on the invoice it has not been included in the price and Vactor will pay any F.E.T. due itself and bear the cost of the tax. Any refunds or adjustments to the F.E.T. in such cases belong to Vactor.

2100i
Quote Number:-2023-70010
Date:- 08-07-2024

Team Member :- John
Abramowski
Tel : -

PRODUCT IMPROVEMENTS: Vactor reserves the right to change manufacturing specifications and procedure in accordance with its product improvement policy.

MOUNTING PRICES: Mounting prices assume normally factory installation on a truck chassis suitable for the unit purchased. Relocation of batteries, fuel tanks, mufflers, air tanks, etc. will be an additional charge, billed at the standar d factory labor rate.

WARRANTY: Vactor warrants its products to be free from defects in material and workmanship for a period of 12 months, subject to the limitations and conditions set forth in its current published warranty. Other than those expressly stated herein. THERE ARE NOT OTHER WARRANTIES OF ANY KIND EXPRESS OR IMPLIED, AND SPECIFICALLY

EXCLUDED BUT NOT BY WAY OF LIMITATION, ARE THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MECHANTABILITY.

IT IS UNDERSTOOD AND AGREED THE VACTOR'S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY

WARRANTY IN NEGLIGENCE OROTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE

PURCHASE PRICE PAID BY THE PURCHASER AND UNDER NO CIRCUMSTANCES SHALL VACTOR BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE PRICES STATED FOR THE EQUIPMENT IS A CONSIDERATION IN LIMITING VACTOR'S LIABILITY. NO ACTION REGARDLESS OF FORM,

ARISING OUT OF THE TRANSACTION OF THE AGREEMENT MAY BE BROUGHT BY PURCHASER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS OCCURRED.

VACTOR'S MAXIMUM LIABILITY SHALL NOT EXCEED AND BUYER'S REMEDY IS LIMITED TO EITHER (I) REPAIR

OR REPLACEMENT OF THE DEFECTIVE PART OF PRODUCT, OR AT VACTOR'S OPTION (II) RETURN OF THE

PRODUCT AND REFUND OF THE PURCHASE PRICE AND SUCH REMEDY SHALL BE BUYER'S ENTIRE ANDEXCLUSIVE REMEDY.

CHOICE OF LAW: These Terms and Conditions shall be construed according to the laws of the State of Illinois. Failure at any time by Vactor to exercise any of its rights under this agreement shall not constitute a waiver-thereof nor prejudice Vactor's right to enforce it thereafter.

COMPLETE AGREEMENT: These terms and conditions, contain the complete and final agreement between the parties hereto and no other agreement in any way modifying any of these terms and conditions will be binding on Vactor unless in writing and agreed to by an authorized representative of Vactor. All proposed terms included in Buyer's purchase order or other standard contracting documents are expressly rejected.

I agree with the above terms and conditions:

\s1___________________

2100i
Quote Number:-2023-70010
Date:- 08-07-2024

Team Member :- John
Abramowski
Tel : -

Date: _\d1______________

RESOLUTION NO. ______

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

A PURCHASE OF A CLEANING AND EXCAVATION TRUCK, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE A SOURCEWELL COOPERATIVE PURCHASE AGREEMENT WITH OWEN’S EQUIPMENT FOR THE PURCHASE FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $677,712.66
WHEREAS, the City of Milpitas seeks to purchase a replacement cleaning and excavation truck to provide a needed maintenance platform for the Public Works Department; and WHEREAS, Milpitas Municipal Code Section I-2-3.05 (“Public Agency Purchases”) authorizes the City Council to award contracts without further competitive procurement otherwise required by the Municipal Code, when the purchase is pursuant to a cooperative agreement or program by another public agency that used competitive negotiation or bidding procedures at least as restrictive as the City’s; and WHEREAS, Municipal Code Section I-2-3.05 specifically authorizes the Purchasing Agent to make such purchases based on an agreement or cooperative purchasing program entered into by a public agency, as defined by Government Code Section 6500, regardless of whether the City is a named party to the agreement or an actual participant in such a program, provided that the underlying purchase was made using competitive negotiation or bidding procedures at least as restrictive as the City’s, and that the supplies or general services purchased must be the same and be offered at the same price as the supplies and general services subject to the agreement or program; and

WHEREAS, the City of Milpitas has been a member of National Joint Powers Alliance (NJPA) since 2008. On June 6, 2018, NJPA changed its organization name to Sourcewell and all prior agreements entered into with NJPA have and will continue without impact. Sourcewell is a local government unit, public corporation and public agency pursuant to the Minnesota Constitution and enabling law Minn. Stat. § 123A.21. Sourcewell cooperative purchasing contracts are made available through the joint exercise of powers law Minn. Stat. § 471.59 to all member agencies; and
WHEREAS, Owen’s Equipment submitted NJPA cooperative pricing meeting the City of Milpitas’s specifications for a cleaning and excavation truck for the Public Works Department in the amount of $677,712.66; and
WHEREAS, the City Council approves a Sourcewell Cooperative Purchase Agreement with Owen’s Equipment and authorizes the City Manager to execute purchase agreement of a cleaning and excavation truck in an amount not-to-exceed $677,713.

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

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

2. This action does not constitute a “project” within the meaning of Public Resources Code Section 21065 and/or the California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(2), 15262, and/or 15378 as it has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and, moreover, is an administrative action related to the purchase of supplies within the meaning of CEQA Guidelines Section15378(b)(2). Even if this activity is a project for CEQA analysis, it falls within the “Common Sense” CEQA exemption set forth in CEQA Guidelines Section

2 Resolution No. ____
15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply.

3. The City Manager is authorized to purchase (1) cleaning and excavation truck through a Sourcewell Cooperative Purchase Agreement in an amount not-to-exceed $677,713.

4. The City Manager is authorized to execute a purchase order with Owen’s Equipment to obtain this vehicle, including through a purchase consistent with the quotation provided to Council upon consideration of this item. This is a cooperative procurement through Sourcewell’s contract portfolio, relying on a solicitation conducted by the NJPA.

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 Multalipassi, City Attorney

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive an Update on the Security Improvements at the McCarthy Ranch Sewer Lift Station (Main Lift) and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 10/1/2024
Recommendation: (1) Receive an update on the security improvements at the McCarthy Ranch Sewer Lift Station; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.

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, on July 30, 2024, the Public Works Director declared an emergency and authorized the City to contract with Trofholz Technologies and Diamond Fencing to implement various security and access control improvements to the McCarthy Ranch Sewer Lift Station (Main Lift). Further, within the required timeframe the Public Works Director informed the City Council via Information Memorandum on July 31, 2024, regarding the emergency authorization, the reasons for the authorization, and the cost for repair in a not-to-exceed amount of $700,000.

PROJECT/STATUS UPDATE:

The status of the material delivery and project timeline remains the same as last reported. Trofholz Technologies, Inc. will install security cameras, card readers, and motion sensors at the Main Lift facility.

Equipment and materials have been ordered and are expected to arrive at the end of September.

Diamond Fence Co., Inc. will demolish and properly dispose of the existing fence, and install approximately 1,760 linear feet of new, code-compliant fencing using ClearVU reinforced panels topped with ribbon wire, integrated into the current gate structure. Materials have been ordered and are anticipated for arrival in 10-12 weeks, with the project completion anticipated in late November.

FISCAL IMPACT:

Funding for these repairs is available in the City’s Capital Improvement Program (CIP) budget. CIP Project 6124 – Sewer Pump Station Rehabilitation Project will fund the installation of security cameras, card readers, and motion sensors. The funding source of this CIP project is Sewer Infrastructure Fund. The available balance as of 9/10/2024 is $709,287. CIP 6130 – Main Lift Odor Emission Control Project will fund the removal

and replacement of the perimeter fencing. The funding source of this CIP Project are Sewer Infrastructure Fund, and Sewer Treatment Fund. The available balance as of 9/10/2024 is $596,812 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The emergency repair work is exempt from CEQA, per CEQA Guidelines Section 15301, Existing Facilities and 15302, Replacement or Reconstruction.

RECOMMENDATION:

1. Receive an update on the security improvements at the McCarthy Ranch Sewer Lift Station.

2. Determine by a four-fifths vote that the condition continues to constitute an emergency.

ATTACHMENT(S):

None.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive a Progress Report and Provide Feedback to Staff on Topics and Policy Considerations Related to Phase 2 of the Comprehensive Zoning Ordinance Update. (Staff Contact: Jay Lee, Planning Director, 408-586-3077; and Holly Pearson, Senior Special Projects Associate, 408-609-0072) Category: Community Development
Meeting Date: 9/24/2024
Recommendation: Receive a progress report on work completed to date on Phase 2 of the Comprehensive Zoning Ordinance Update and provide feedback to staff on key issues and policy considerations for Phase 2 of the zoning update work.

BACKGROUND:

In early 2023 the City of Milpitas undertook an effort to comprehensively update the Zoning Ordinance (Milpitas Municipal Code Title XI, Chapter 10), which is the primary implementation tool for the City General Plan regarding land use and urban development. Zoning regulations are a tool to implement the vision and goals for growth and preservation of the City by setting forth rules and standards for what may be built, and what types of uses or businesses may be located where. The City Zoning Ordinance addresses topics such as land uses, administration, and procedures for new development as well as alterations to existing buildings and lots, development standards such as building height and lot coverage, and other important topics such as parking and landscaping.

The City Zoning Ordinance was originally written and adopted in 1955, with the most recent significant update having taken place in 2008. Although there have been multiple ad hoc amendments in recent years in response to changes in state law, zoning practice, and technology, the Zoning Ordinance has not kept pace with changing trends in land use and economics and does not reflect current best practices in planning and development regulations. In addition, it contains many outdated terms and needs to be reorganized to improve clarity and ease of use.

The City of Milpitas and its consultant for the zoning update project, Lisa Wise Consulting (LWC), commenced work on the project in February 2023. The first phase of the zoning update work, which focused on consistency with the updated general plan (Milpitas 2040 General Plan) and the Milpitas Metro Specific Plan, included adoption of the Business Park Research and Development (BPRD) Zone and Metro Area Zones along with updates to the City zoning map. These ordinance and map changes were adopted by City Council on June 18, 2024, and became effective 30 days after that date.

This report and the study session with the City Council focus on the second phase of the zoning update project.

This phase consists of detailed update work on the entire Zoning Ordinance: reorganizing the code and making it more user friendly; modernizing the zoning regulations in keeping with changes in state and federal law, current market and economic realities (particularly post-COVID), and best practices in land use planning; incorporating changes that will implement various City policy documents, such as the Climate Action Plan and the Housing Element; and promoting more compact, mixed-use and transit-oriented development in appropriate areas of Milpitas.

The full zoning update will take approximately two and a half years to complete, with the goal of having the updated Zoning Ordinance adopted by the City Council by the summer of 2025.

ANALYSIS:

Background work on the second phase of the comprehensive zoning update began in late 2023. The process of planning the reorganization and revision of the existing Zoning Ordinance contributed to the preliminary identification of topics for further study and public input. While it is anticipated that many sections of the existing code will be carried over to the new Zoning Ordinance format and structure without substantial changes, other sections will be completely rewritten. In addition, several new sections will be added to the updated code, addressing topics that are not currently part of the City Zoning Ordinance.

The recent online community survey (discussed in further detail below) and a study session held with the Planning Commission on August 28, 2024 were focused on topics in the zoning code that are expected to undergo significant changes as compared to the existing code, as well as topics not currently addressed to be added as part of the Phase 2 update. Comments from the Planning Commission are presented below for consideration and further discussion by the City Council.

Online Community Survey
In June, the City and LWC launched an online survey to gather feedback from the Milpitas community to inform the second phase of the zoning ordinance update. The survey was intended to give Planning staff and the project consultant an understanding of community perspectives on specific topics to be addressed through the zoning update. The survey was developed and published through Survey Monkey, and was active from June 21 to July 14, 2024.

The survey was successful in gathering detailed comments on subject matter related to the comprehensive zoning update from a large number of Milpitas residents, workers, and property owners. In total, 83 responses to the survey were received. Over 90 percent of survey respondents were Milpitas residents, while 12 percent reported being employed in Milpitas. Twelve percent identified themselves under the category of property owners, landlords, or property managers.

The survey included 20 questions and took approximately five to eight minutes to complete. Responses were anonymous, allowing participants to provide feedback to the City without identifying themselves by name.

The survey results were aggregated and summarized in the Comprehensive Zoning Ordinance Update Online Community Survey Report, included as Attachment A. The report is also available for public review on the Zoning Update project website (www.milpitaszoningupdate.org).

Zoning Update Key Policy Topics
Based on the online community survey results, staff and LWC selected four important topics for further discussion and input by the Planning Commission and City Council. These are areas that are expected to have substantial changes to the current Zoning Ordinance. Comments made by the Planning Commission on each of the four topics at the August 28 study session are summarized in Attachment B, the Planning Commission Study Session Phase 2 Summary.

Parking Requirements
The current Zoning Ordinance standards for the number of off-street parking spaces required for various land uses (MMC Section XI-10-53) are outdated and are not consistent with current best planning practices. Current City parking requirements are based on a car-centric model of development common in decades past for the South Bay and other suburban portions of the San Francisco Bay Area. However, the suburban sprawl model, which assumes abundant land availability, inexpensive land and development costs, and private vehicles as the sole mode of transportation, has proven to be highly unsustainable and resulted in a multitude of problems at the City and regional levels. These include traffic congestion, long commute times for workers, and air pollution and greenhouse gas emissions from vehicle exhaust.

One of the City’s most important objectives for the Comprehensive Zoning Ordinance Update is to revise and modernize off-street parking requirements, bringing them into alignment with commonly recognized best practices in the land use planning field. This objective is supported by many already-adopted City of Milpitas policies in the General Plan, Climate Action Plan, and other policy documents. The State of California is also taking an increasingly active role in limiting local governments’ ability to require parking for new development or

building expansions on existing properties, especially when these development sites are located within reasonable proximity to public transit.

Updating and modernizing the parking standards in the Zoning Ordinance will mean modest reductions to the existing parking requirements for most land use types, which are higher than needed according to current best practices for land use planning in the Bay Area and nationwide. Creating appropriate parking requirements is closely tied to, and has a significant effect on, City efforts to promote more sustainable forms of transportation, such as public transit, walking and bicycling, as a viable and convenient alternative to private vehicle trips. It is important to note that although some cities have been very aggressive about reforming parking requirements – in some cases eliminating minimum parking requirements altogether and/or imposing maximum parking requirements – a more moderate approach is envisioned for Milpitas. Staff and LWC are currently proposing to establish lower minimum parking ratios for many residential, commercial, and industrial land uses that are more in line with actual parking demand as well as with adopted City policy objectives.

Zoning Regulations for Off-Street Parking: Current Trends Cities are increasingly recognizing the unintended negative consequences of requiring large quantities of off- street parking for new development projects and expansions of existing developments (see “Parking Discussion/Analysis” handout provided as Attachment C). Although it may initially seem counterintuitive, abundant parking supply does not alleviate traffic congestion and parking shortages in the long run, but rather tends to contribute to a negative cycle of automobile dependency in a city or region. This cycle is characterized by generous parking supply, which leads to sprawling development patterns and automobile-focused land use and transportation planning, which in turn leads to a lack of viability of other transportation options and increased reliance on automobiles.

In addition to these supply-related issues, providing off-street parking spaces is expensive and creates a substantial cost burden for developers. An article published in June 2022 by the Silicon Valley Bicycle Coalition reported that the cost to construct a single parking space in San José ranges from $30,000 (for open surface parking lots) to $100,000 (for underground parking garages).1 The high cost of providing parking is passed along to homeowners, renters, and consumers in the form of higher home prices and rents, more expensive goods, and higher taxes.

In response to these negative consequences of excessive parking requirements, many cities in California and throughout the U.S. have shifted to a new approach to planning for off-street parking. Current best practices recognize that parking requirements are best designed with the specific site and location context in mind, and that many options are available that decrease overall parking demand. These include sharing parking among different land uses and implementing measures to reduce vehicle trips (transportation demand management).

Reducing or even eliminating minimum parking requirements allows more flexibility for developers and property owners to determine how much parking is needed for their sites and can result in more efficient use of land, significantly reduce development costs, and improve the viability and convenience of other transportation options such as public transit, bicycling, and walking. The map provided as Attachment D illustrates the growing trend of U.S. cities that have reduced or eliminated parking requirements in their zoning codes.

Nonconforming Uses and Buildings
It is standard practice for local zoning ordinances to include provisions for nonconforming uses and buildings, i.e., those that were legally established in the past under zoning regulations in effect at that time, but that no longer comply with current zoning regulations in one or more areas (allowed use types, building setbacks, required parking spaces, or any other aspect of the zoning regulations). Nonconforming conditions with respect to land uses and built conditions are common in all local jurisdictions, including Milpitas. The City Zoning Ordinance currently includes a section on nonconforming buildings and uses (MMC Section XI-10-56), which governs allowed changes of use as well as building or site modifications for legal nonconforming properties.

Planning staff and LWC are considering potential changes to the current regulations for nonconforming uses and buildings under the zoning code. On one hand, the intent of nonconforming use regulations is to allow for the continued economic viability of nonconforming properties by allowing new uses or activity types to be 1 “San Jose Abolishes Parking Minimums,’ Silicon Valley Bicycle Coalition, June 28, 2022. https://bikesiliconvalley.org/news/2022/6/sanjoseparkingminimum

established, as well as to allow for reasonable maintenance and upkeep of these properties, while encouraging nonconforming conditions to be “phased out” over time and to be replaced with uses and built conditions that conform to current zoning requirements. On the other hand, overly restrictive nonconforming use standards can preclude the productive use of older building stock and create an undue burden for property owners.

The City seeks to balance these competing objectives by adopting flexible and reasonable standards and requirements for nonconforming properties that allow for ongoing use and economic viability, as long as uses in and improvements to nonconforming buildings do not create adverse impacts on adjacent properties or surrounding neighborhoods. For example, the City is considering how much flexibility should be applied in situations where a new use or activity is proposed on an existing property that does not have the amount of parking currently required under the zoning regulations for that use.

Sustainable Building Standards and Incentives
Over the past two decades, the movement for a greener, more sustainable built environment has gained momentum in the Bay Area as well as around the nation. California has been a leader in pioneering local building and zoning codes for sustainable building construction that apply both to new development and existing building renovations. The California Building Code includes baseline requirements for energy efficiency, water efficiency, and other standards for sustainable building. Most local jurisdictions, including Milpitas, incorporate State building codes into their municipal codes by reference. However, cities also have the option to introduce more stringent requirements and/or incentives for green building than those required under the State code.

Based on the goals of the City’s adopted Climate Action Plan and General Plan Conservation & Sustainability Element – coupled with recent accelerations in local climate change impacts such as extreme heat and increased occurrence and severity of wildfires – the need for strong sustainability standards for the built environment is greater than ever. Planning staff and LWC are interested in incorporating incentives into the updated Zoning Ordinance (voluntary, non-mandated actions) to improve the level and quality of sustainable building that is proposed for development projects in Milpitas.

Single-Family Residential Design Standards
The City recently adopted a set of detailed Objective Design Standards that apply to multi-family residential projects and mixed-use projects (more than one type of land use integrated into a single development site, usually a combination of residential and commercial [office, retail, commercial services, etc.]). However, there are currently no adopted design standards that apply to single-family homes, whether newly constructed units or alterations/additions to existing homes.

Design standards can serve to improve the visual quality of new development, thereby preserving and enhancing the character of existing residential areas. Planning staff and LWC intend to incorporate some degree of new single-family residential design standards into the updated Zoning Ordinance. The goal is to create clear, easy- to-interpret standards that allow appropriate flexibility for designers, do not impose excessive burden or cost on homeowners, and protect privacy and quality of life for neighboring properties.

Discussion Questions
Staff requests input from the City Council on the policy topics outlined above, taking the online community survey results into consideration. The following questions are suggested as the basis for discussion:

PARKING
(1) What are the most appropriate ways for the City to structure parking requirements for new or modified development, such that the requirements are sufficient to meet demand, but not excessive? (2) How can parking requirements for new development, expansions of existing buildings, and changes of land use be designed to accommodate the needs of residential and commercial areas, while also supporting other critical City policy objectives, such as encouraging a more sustainable relationship between land use and transportation and meeting the City’s mandatory greenhouse gas reduction targets?

NONCONFORMING USES AND BUILDINGS
(3) How can the City best balance the rights and interests of owners of nonconforming properties, the need to allow for continued productive use of nonconforming buildings, and the benefits of implementation of current zoning regulations – especially with respect to buildings and properties that do not conform to current parking requirements in the zoning code?

SUSTAINABLE BUILDING STANDARDS AND INCENTIVES
(4) Should the City do more to encourage state-of-the-art sustainable building practices for new construction and modified/expanded buildings in Milpitas? (5) If yes, what are the best strategies for encouraging high-level sustainable building through the zoning code?

SINGLE-FAMILY DESIGN STANDARDS
(6) How might design standards be used to improve the visual quality and neighborhood compatibility of new and modified single-family homes in Milpitas?
(7) What are the most appropriate design elements for single-family homes to be addressed through design standards in the zoning code?
PUBLIC OUTREACH:

The Zoning Advisory Group (ZAG), whose members include citizen representatives from various City boards and commissions, met on April 22, 2024, to discuss topics to be addressed through Phase 2 of the zoning update. This meeting was held early during the Phase 2 timeline and allowed ZAG members to contribute feedback about several key topics for the updated Zoning Ordinance, including new and updated definitions for land uses, alternative parking strategies, and transportation demand management. The ZAG meetings are also open to the general public.

The main community engagement strategy to date for Phase 2 of the zoning update was the outreach conducted to promote the online survey. City staff used a variety of outreach methods to publicize the online survey obtain a large number of responses that reflect a wide range of demographics and viewpoints in the community. These included messages sent to the project email list, announcements on the City’s social media channels, and a request for the City’s Zoning Advisory Group to assist with spreading the word. Planning staff also conducted in- person community outreach for the survey by tabling at locations such as the Milpitas Farmers’ Market, the Milpitas Public Library, the Barbara Lee Senior Center, and the Milpitas Community Center.

Throughout the second phase of the zoning update project, the City will continue to use its social media channels (NextDoor, YouTube, X, Facebook, etc.) as well as the project email list to share information about the Comprehensive Zoning Ordinance Update, announce opportunities for community involvement, and invite public comments.

POLICY ALTERNATIVES:

This is an informational item for Council feedback and is one of several sessions for providing Council with the progress of the Comprehensive Zoning Ordinance Update project.

FISCAL IMPACT:

This is an informational item. As such, there is no fiscal impact.

California Environmental Quality Act (CEQA):

This study session does not commit the City or even the City Council or Planning Department to a definite course of action with respect to the ongoing study of potential Zoning Ordinance reforms, and this activity does not

constitute a “project” within the meaning of Public Resources Code Section 21065 and/or the California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(2), 15262, and/or 15378. Even if this activity is a project for CEQA analysis, it falls within the “Common Sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. Appropriate CEQA analysis will occur prior to the City committing to any particular Zoning Ordinance changes as part of the formal pre-adoption process.

RECOMMENDATION:

Receive a progress report on work completed to date on Phase 2 of the Comprehensive Zoning Ordinance Update and provide feedback to staff on key issues and policy considerations for Phase 2 of the zoning update work.

ATTACHMENTS:
(a) Online Community Survey Report for Comprehensive Zoning Ordinance Update (b) Planning Commission Study Session Phase 2 Summary
(c) Parking Discussion/Analysis Handout, prepared by Lisa Wise Consulting (LWC) for the Town of Mammoth Lakes
(d) Map - Parking Reform Throughout the United States

ONLINE COMMUNITY

SURVEY REPORT

COMPREHENSIVE ZONING

ORDINANCE UPDATE
Prepared by:

Lisa Wise Consulting, Inc.
870 Market Street, Suite 977
San Francisco, CA 94102
Prepared for:

City of Milpitas
455 E. Calaveras Blvd.

Milpitas, CA 95035

Online Community Survey Report

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Online Community Survey Report

Contents
Introduction .............................................................................................................1 Methodology ...........................................................................................................1 Survey Results ..........................................................................................................3 Identity............................................................................................................................... 3 Question #1 ................................................................................................................. 3 Question #2 ................................................................................................................. 4 Question #3 ................................................................................................................. 5 Question #4 ................................................................................................................. 6 Question #5 ................................................................................................................. 7 Transportation Demand Management .................................................................................. 8 Question #6.................................................................................................................. 8 Question #7 ............................................................................................................... 10 Question #8 ............................................................................................................... 12 Alternative Parking Strategies ............................................................................................ 13 Question #9 ............................................................................................................... 13 Housing Incentives ............................................................................................................ 15 Question #10 .............................................................................................................. 15 Sustainability Incentives .................................................................................................... 17 Question #11 .............................................................................................................. 17 Question #12 .............................................................................................................. 18 Nonconforming Uses and Buildings .................................................................................... 20 Question #13 .............................................................................................................. 20 Question #14 .............................................................................................................. 21 Home-Based Businesses .................................................................................................... 21 Question #15 .............................................................................................................. 21 Single-Family Residential ................................................................................................... 24 Question #16 .............................................................................................................. 24 Question #17 .............................................................................................................. 26 Public Notifications ........................................................................................................... 27 Question #18 .............................................................................................................. 27

Online Community Survey Report

Question #19 .............................................................................................................. 28 Write-In ............................................................................................................................ 29 Question #20 .............................................................................................................. 29 Conclusion ............................................................................................................ 30 Attachment 1: Survey ............................................................................................ 31

Online Community Survey Report
Comprehensive Zoning Ordinance Update | July 2024 City of Milpitas | 1 Introduction
Comprehensive Zoning Ordinance Update
The City of Milpitas is leading a comprehensive update of its Zoning Ordinance (Municipal Code Chapter XI- 10 Zoning), which is the primary implementation tool for the General Plan regarding land use. The Ordinance was written and adopted in 1955, and most recently updated in 2008. Although there have been multiple ad- hoc amendments in recent years in response to changes in state law, zoning practice, and technology, the Zoning Ordinance has not kept pace with changing land use trends and does not reflect current best practices. The objectives of the Zoning Ordinance Update are to:
• Modernize the Zoning Ordinance;
• M ake the Zoning Ordinance more user-friendly;
• E nsure consistency across all applicable City documents; and • P romote more compact, mixed-use and transit-oriented development types, where appropriate.

Community outreach and engagement are an integral part of this effort. Various outreach events and tools have been used to inform the community and gather input on the Zoning Ordinance Update project since April 2023 including a project website (www.milpitaszoningupdate.org), stakeholder interviews, Zoning Advisory Group meetings, a public workshop, press releases, social media and email updates, and meetings with a Technical Advisory Committee and City staff.

Survey
In June 2024, Lisa Wise Consulting, Inc. (LWC) and the City of Milpitas (City) published an online survey to gather feedback from the community on the Zoning Ordinance Update. The survey was intended to provide a better understanding of the community’s perspective on specific topics to better inform the Zoning Ordinance Update. Input from the survey will help the City and LWC develop the most effective and appropriate Zoning Ordinance to achieve the community’s vision and goals for Milpitas.

Methodology
To reach the greatest number and broadest cross section of individuals, the survey was developed and posted on Survey Monkey, one of the most popular and accessible online survey platforms. It was active for 25 days between June 21, 2024 and July 14, 2024.

The survey included introductory and explanatory text to guide and inform respondents as they answered each question. In this report, text that introduced or provided context in the survey is presented in blue following the subject heading. The complete survey is attached (see Attachment 1) and was divided into the following 10 sections:

1. Identity – Respondents were asked some questions about their identity, residency, and property or business ownership/status in Milpitas.

Online Community Survey Report

2 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2024

2. Transportation Demand Management – Respondents were asked to provide their opinion on appropriate methods and strategies for Transportation Demand Management (TDM) in Milpitas.

3. Alternative Parking Strategies – Respondents were asked to provide their opinion on appropriate methods and strategies for alternative parking strategies in Milpitas.

4. Housing Incentives – Respondents were asked to provide their opinion on providing housing incentives through the City’s Zoning Ordinance.

5. Sustainability Incentives – Respondents were asked to provide their opinion on providing sustainability incentives through the City’s Zoning Ordinance.

6. Nonconforming Uses and Buildings – Respondents were asked to provide their opinion on utilizing nonconforming uses and buildings with or without adequate parking.

7. Home-Based Businesses – Respondents were asked to provide their opinion on regulating home- based businesses.

8. Single-Family Residential Design Requirements – Respondents were asked to provide their opinion on design standards and the current front yard paving requirement for single-family residential properties.

9. Public Notifications – Respondents were asked to indicate the method of public notification they prefer.

10. Write-In – Respondents were given the opportunity to provide a write-in response on any subject.

The survey, which was developed in collaboration with City staff, included 20 questions and took five to eight minutes to complete. The survey was completely voluntary and confidential. No personally identifiable information was collected, and results are presented only in aggregate form where no comments could be attributed to any one individual.

The survey generated 83 responses from residents, property owners, business owners, and other community members.

Online Community Survey Report

Survey Results
The online survey successfully engaged 83 community members in the City’s Zoning Ordinance Update outreach effort. Responses to each question are summarized below.

Identity
Most respondents (91.5%) were residents of Milpitas, with 56.5% having lived in the city for more than 10 years. 82% of respondents own their homes. The age of respondents was distributed relatively evenly among the 25-34, 45-54, 55-64, and 65+ age groups; however, the largest age group for respondents (26.5%) was 35-44 years old.

Question #1: I am a: Select all that apply.

Results:
• 91.5% selected “Resident of Milpitas” as an applicable identity. • 1 2% identify as “Employed in Milpitas”. Another 12% identify as “Landlord/property manager/owner of property in Milpitas”.

FIGURE 1 – SURVEY RESPONDENTS

A. Resident of Milpitas D. Developer/builder/
contractor/architect/designer
G. Other
B. Employed in Milpitas E. Landlord/property manager/owner of property in Milpitas

A B C D E F G
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
I am a:

Online Community Survey Report

4 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2024 C. Student in Milpitas F. Owner/operator of a Milpitas business Question #2: If you are a resident of Milpitas, how long have you been a resident?
Results:
• 30% have been residents of Milpitas for 11-25 years.
• 56.5% have been residents of Milpitas for more than 10 years. • 31% have been residents of Milpitas for 1-10 years.

FIGURE 2 – LENGTH OF RESIDENCY

Less than 1
year
1-5 years 6-10 years 11-25 years 26 or more
years
Not
applicable
Prefer not to
say
0%
10%
20%
30%
40%
If you are a resident of Milpitas, how long have you been a resident?

Online Community Survey Report

Question #3: If you are a business owner, how long have you been a business owner in Milpitas?
Results:
• 89% selected “not applicable”.
• The length of ownership range most common was 1-5 years (3.5%) followed by 6-10 years (2.5%).

FIGURE 3 – LENGTH OF LOCAL BUSINESS OWNERSHIP

Less than 1
year
1-5 years 6-10 years 11-25 years 26 or more
years
Not
applicable
Prefer not to
say
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
If you are a business owner, how long have you been a
business owner in Milpitas?

Online Community Survey Report

6 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2024 Question #4: If you are a resident of Milpitas, do you own or rent? Results:
• 82% own their homes.
• 6% rent their homes.
• 11% selected “Not applicable”.

FIGURE 4 – HOME TENURE

Own Rent Not applicable Prefer not to say
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
If you are a resident of Milpitas, do you own or rent?

Online Community Survey Report

Question #5: What is your age?
Results:
• 26.5% are aged 35-44.
• 31.5% are over 55.
• 19.5% are under 35.

FIGURE 5 – RESPONDENT AGE

Under 18 18-24 25-34 35-44 45-54 55-64 65+ Prefer not
to say
0%
10%
20%
30%
What is your age?

Online Community Survey Report

8 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2024 Transportation Demand Management
Transportation Demand Management (TDM) strategies aim to reduce vehicle trips and traffic congestion without building more roads. Cities can require TDM strategies for new development projects.

Question #6: What TDM strategies are most appropriate for new housing developments in Milpitas to provide? Select all that apply.

Results:
• The most popular TDM strategies for housing developments were:
o Require developers to pay funds for or build local transit, pedestrian and bike facilities, and/or infrastructure (70%).
o Active transportation gap closure (e.g., ensure pedestrian paths and bicycle lanes connect to the project site) (51.5%).
o Transit pass subsidies for residents (31.5%).
• The least popular TDM strategies for housing developments were:
o Other (14.5%).
o On-site bicycle repair (11.5%).

See next page.

Online Community Survey Report

FIGURE 6 – APPROPRIATE TDM STRATEGIES FOR NEW HOUSING DEVELOPMENTS

A. Transit pass subsidies for
residents
E. On-site bicycle repair station I. None / not applicable

B. On-site car share F. Active transportation gap closure (e.g., ensure pedestrian paths and
bicycle lanes connect to the project
site)
J
.

I don’t know

C. Unbundle parking (i.e.,
separating the price of a parking
space from the base rent or sale
price of an apartment or
condominium)
G. Require developers to pay funds for
or build local transit, pedestrian and
bike facilities, and/or infrastructure

D. On-site bicycle share or
micromobility (e.g., bike, scooter,
other lightweight small/personal
vehicles) program participation
for residents
H. Other

A B C D E F G H I J
0%
10%
20%
30%
40%
50%
60%
70%
80%
What TDM strategies are most appropriate for new housing developments in Milpitas to provide?

Online Community Survey Report

10 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2024 Question #7: What TDM strategies are most appropriate for new employment-generating developments (commercial, industrial) in Milpitas to provide? Select all that apply.

Results:
• The most popular TDM strategies for employment-generating developments were:
o Telecommuting/flex work schedules (60%).
o On-site amenities to reduce employee vehicle trips during the work day (e.g., childcare, cafeteria, etc.) (50%).
o Carpool/vanpool programs for employees with preferential designated parking (44%). o Require developers to pay funds for or build local transit, pedestrian and bike facilities, and/or infrastructure (43%).
o Transit pass subsidies and pre-tax transit benefits for employees (41.5%). • The least popular TDM strategies for employment-generating developments were:
o On-site car share (17%).
o Unbundle parking (i.e., separating the price of a parking space from the base lease price of a commercial space) (11.5%).
o On-site bicycle repair station (10%).
o Provide employee housing on the project site (10%).

See next page.

Online Community Survey Report

FIGURE 7 – TDM STRATEGIES FOR NEW EMPLOYMENT-GENERATING DEVELOPMENTS

A. Transit pass subsidies and
pre-tax transit benefits for
employees
G. Bicycle storage and lockers for
employees
M. Provide employee housing on
the project site
B. Cash reward incentives (e.g.,
employers incentivize
employees to commute via
walking, bicycling, or transit
with cash rewards)
H. Employee shower facilities to
encourage bicycling to work

N. On-site amenities to reduce
employee vehicle trips during
the work day (e.g., childcare,
cafeteria, etc.)
C. Carpool/vanpool programs for
employees with preferential
designated parking
I. Telecommuting/flex work
schedules
O. Other
D. On-site car share J. Active transportation gap closure (e.g., ensure pedestrian paths
and bicycle lanes connect to the
project site)
P. None / not applicable

E. Unbundle parking (i.e.,
separating the price of a
parking space from the base
lease price of a commercial
space)
K. Require developers to pay funds
for or build local transit,
pedestrian and bike facilities,
and/or infrastructure
Q. I don’t know
F. On-site bicycle repair station L. Enhanced shuttle commitment (e.g., hotels funding or providing a
supplemental shuttle service to
airport, etc.)

A B C D E F G H I J K L M N O P Q
0%
10%
20%
30%
40%
50%
60%
70%
What TDM strategies are most appropriate for new
employment-generating developments (commercial,
industrial) in Milpitas to provide?

Online Community Survey Report

12 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2024 Question #8: TDM strategies should be required for which of the following in Milpitas? Select all that apply.

Results:
• 67% believe that TDM strategies should be required for new residential development projects over a certain size (e.g., 20 or more units).
• 66% believe that TDM strategies should be required for new employment-generating development projects (e.g., office, research & development) of a certain size (e.g., more than 10,000 square feet). • 10% believe that TDM Plans shouldn’t be required.

FIGURE 8 – WHAT PROJECTS SHOULD REQUIRE TDM STRATEGIES?

A. New residential development
projects over a certain size
(e.g., 20+ units)
D. New restaurants of a certain size
(e.g., more than 5,000 sf)
G. Other
B. New hotels (e.g., 40 rooms or
more)
E. New employment-generating
development projects (e.g., office,
research & development) of a
certain size (e.g., more than
10,000 sf)
H. None / TDM Plans shouldn’t be
required
C. New retail uses of a certain
size (e.g., more than 5,000 sf)
F. New warehouses/distribution and
industrial facilities of a certain size
(e.g., 50,000 sf or generate more
than 100 daily trips)
I. I don’t know

A B C D E F G H I
0%
10%
20%
30%
40%
50%
60%
70%
80%
TDM strategies should be required for which of the following in Milpitas?

Online Community Survey Report

Alternative Parking Strategies
Alternative parking strategies can be required for a proposed development project to reduce the number of parking spaces required.

Question #9: Which alternative parking strategies are most appropriate in Milpitas to justify a reduction in the required number of parking spaces for new development projects? Select all that apply.

Results:
• The most popular alternative parking strategies to justify a reduction in the required number of parking spaces for new development projects were:
o Provide off-site parking (i.e., provide some parking spaces off-site with connection to the project site via walking, biking, transit, etc.) (42.5%). o Provide carpool or vanpool spaces in exchange for a reduction in the number of required regular parking spaces (38%).
o Parking requirement reductions based on proximity to transit (i.e., reductions given if the site is within walking distance to a transit stop) (35%).
• The least popular alternative parking strategies to justify a reduction in the required number of parking spaces for new development projects were:
o In-lieu parking fees to be paid by the developer/applicant that would be used to fund shared parking facilities (25%).
o Provide designated car share vehicles onsite (e.g., Zipcar, Getaround) (25%).

See next page.

Online Community Survey Report

14 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2024 FIGURE 9 – APPROPRIATE ALTERNATIVE PARKING STRATEGIES

A. Provide off-site parking (i.e.,
provide some parking spaces
off-site with connection to the
project site via walking,
biking, transit, etc.)
E. Provide bicycle parking spaces
above what is required under
applicable zoning regulations
I. None / not applicable
B. Provide electric vehicle (EV)
charging parking spaces in
exchange for a reduction in
the number of required
regular parking spaces
F. Parking requirement reductions
based on proximity to transit (i.e.,
reductions given if the site is
within walking distance to a transit
stop)
J. I don’t know
C. Provide designated car share
vehicles onsite (e.g., Zipcar,
Getaround)
G. In-lieu parking fees to be paid by
the developer/applicant that
would be used to fund shared
parking facilities

D. Provide carpool or vanpool
spaces in exchange for a
reduction in the number of
required regular parking
spaces
H. Other

A B C D E F G H I J
0%
10%
20%
30%
40%
50%
Which alternative parking strategies are most appropriate in Milpitas to justify a reduction in the required number of parking spaces for new development projects?

Online Community Survey Report

Housing Incentives
Cities can encourage desired development projects and housing unit types by providing incentives for development in the Zoning Ordinance. Housing zoning incentives are required by the City’s state-mandated Housing Element, the document that governs housing policy and planning in Milpitas.

Since development standards impact cost of construction and potential development revenues, these incentives can reduce development costs and increase the likelihood of a project being constructed.

Question #10: What incentives are most appropriate for encouraging housing production in Milpitas? Select all that apply.

Results:
• The most popular incentives to encourage housing production in Milpitas were to:
o Streamline development review (i.e., make the approval process quicker and simpler) (54.5%).
o Increase allowed density (i.e., number of residential units allowed on a parcel) above what zoning currently allows (35%).
o Increase allowed building height above what zoning currently allows (30%). • The least popular incentives to encourage housing production in Milpitas were to:
o Reduce common open space requirements (e.g. shared lawn, plaza, or outdoor amenity areas) (4.5%).
o Reduce number of regular parking spaces required (i.e., for residents or non-residential uses) (10.5%).
o Reduce private open space requirements (e.g., residential unit balconies or patios) (10.5%).

See next page.

Online Community Survey Report

16 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2024 FIGURE 10 – APPROPRIATE INCENTIVES TO ENCOURAGE HOUSING

A. Increase allowed density (i.e.,
number of residential units
allowed on a parcel) above
what zoning currently allows
E. Reduce number of guest parking
spaces required (i.e., for guests
visiting a multifamily residential
building)
I. Streamline development review
(i.e., make the approval process
quicker and simpler)
B. Increase allowed building
floor area over what zoning
currently allow
F. Reduce common open space
requirements (e.g. shared lawn,
plaza, or outdoor amenity areas)
J. Other
C. Increase allowed building
height above what zoning
currently allows
G. Reduce private open space
requirements (e.g., residential unit
balconies or patios)
K. None / not applicable
D. Reduce number of regular
parking spaces required (i.e.,
for residents or non-
residential uses)
H. Allow deviations from
development standards such as
building setbacks, landscaping
requirements, etc.

L. I don’t know

A B C D E F G H I J K L
0%
10%
20%
30%
40%
50%
60%
What incentives are most appropriate for encouraging
housing production in Milpitas?

Online Community Survey Report

Sustainability Incentives
Cities can offer incentives that encourage developers to exceed baseline sustainability requirements for new building construction. The State of California requires a certain level of energy-efficient building construction, but the City could offer incentives to projects that go beyond those State-mandated requirements.

Incentives are usually intended to reduce development costs and increase the likelihood of a project being constructed.

Question #11: Should the City encourage development that exceeds sustainability requirements through incentives in the Zoning Ordinance? Results:
• 43% said that the City should not encourage development that exceeds sustainability requirements through incentives in the Zoning Ordinance.
• 35% said that the City should encourage that exceeds sustainability requirements through incentives in the Zoning Ordinance.
• 17.5% were neutral.

FIGURE 11 – SHOULD THE CITY ENCOURAGE SUSTAINABILITY THROUGH INCENTIVES?

Yes No Neutral I don’t know
0%
10%
20%
30%
40%
50%
Should the City encourage development that exceeds
sustainability requirements through incentives in the Zoning Ordinance?

Online Community Survey Report

18 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2024 Question #12: What incentives are most appropriate for encouraging development that exceeds sustainability requirements in Milpitas? Select all that apply.

Results:
• The most popular incentives to encourage sustainable development in Milpitas were to:
o Streamline development review (i.e., make the approval process quicker and simpler) (46%). o Increase allowed building height above what zoning currently allows (30%). o Increase allowed density (i.e., number of residential units allowed on a parcel) above what zoning currently allows (30%).
• The least popular incentives to encourage sustainable development in Milpitas were to:
o Reduce number of regular parking spaces required (i.e., for residents or non-residential uses) (11%).
o Reduce number of guest parking spaces required (i.e., for guests visiting a multifamily residential building) (11%).
o Reduce private open space requirements (e.g., residential unit balconies or patios) (11%). • 22% selected “None / not applicable”.

See next page.

Online Community Survey Report

FIGURE 12 – SUSTAINABILITY INCENTIVES

A. Increase allowed density (i.e.,
number of residential units
allowed on a parcel) above
what zoning currently allows
E. Reduce number of guest parking
spaces required (i.e., for guests
visiting a multifamily residential
building)
I. Streamline development review
(i.e., make the approval process
quicker and simpler)
B. Increase allowed building
floor area over what zoning
currently allow
F. Reduce common open space
requirements (e.g., shared lawn,
plaza, or outdoor amenity areas)
J. Other
C. Increase allowed building
height above what zoning
currently allows
G. Reduce private open space
requirements (e.g., residential unit
balconies or patios)
K. None / not applicable
D. Reduce number of regular
parking spaces required (i.e.,
for residents or non-
residential uses)
H. Allow deviations from
development standards such as
building setbacks, landscaping
requirements, etc.

L. I don’t know

A B C D E F G H I J K L
0%
10%
20%
30%
40%
50%
What incentives are most appropriate for encouraging
development that exceeds sustainability requirements in Milpitas?

Online Community Survey Report

20 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2024 Nonconforming Uses and Buildings
Nonconforming uses or buildings are those that were legally established or built under an older version of the Zoning Ordinance, but due to changes in zoning regulations, no longer meet the Zoning Ordinance’s current standards (e.g., uses or activities on the property, parking, setbacks, etc.).

Question #13: Should the City be flexible in allowing new uses/businesses to locate in and add on to nonconforming buildings, even if all the required parking spaces under the current zoning regulations cannot be provided? Results:
• 38% said the City should not be flexible in allowing new uses/businesses to locate in and add on to nonconforming buildings, even if all the required parking spaces under the current zoning regulations cannot be provided.
• 37% said the City should be flexible in allowing new uses/businesses to locate in and add on to nonconforming buildings, even if all the required parking spaces under the current zoning regulations cannot be provided.
• 16% were neutral.

FIGURE 13 – PARKING FLEXIBILITY FOR NONCONFORMING BUILDINGS

Yes No Neutral I don’t know
0%
10%
20%
30%
40%
50%
Should the City be flexible in allowing new uses/businesses to locate in and add on to nonconforming buildings, even if all the required parking spaces under the current zoning
regulations cannot be provided?

Online Community Survey Report

Question #14: Should the City allow new uses/businesses in nonconforming buildings even if there is NO parking?
Results:
• 48% say the City should not be flexible in allowing new uses/businesses to locate in and add on to nonconforming buildings when there is no parking.
• 24% say the City should be flexible only when it is not feasible or desirable for new parking to be constructed (e.g., existing buildings, an irregular lot shape, or slope, creek, trees, or other natural features limit area available for parking).
• 16% say the City should be flexible in allowing new uses/businesses to locate in and add on to nonconforming buildings, even if there is no parking.

FIGURE 14 – NONCONFORMING BUILDINGS WITHOUT PARKING

A.

B.

Yes

No
C. Only when it is not feasible or desirable
for new parking to be constructed (e.g.,
existing buildings, an irregular lot shape,
or slope, creek, trees, or other natural
features limit area available for parking)
D.

E.

Neutral

I don’t know

Home-Based Businesses
Question #15: Home -based businesses (i.e., home occupations) are businesses that are conducted from a residential home, condominium, or

A B C D E
0%
10%
20%
30%
40%
50%
60%
Should the City allow new uses/businesses in nonconforming buildings even if there is NO parking?

Online Community Survey Report

22 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2024 apartment. What home -based business regulations are appropriate in Milpitas? Select all that apply.

Results:
• The most popular regulations to regulate home occupations in Milpitas were to:
o Prohibit operations that create noise, vibrations, dust, odor, smoke, or television and radio interference (83%).
o Prohibit the storage of materials/equipment in public view (74.5%). o Prohibit the storage of materials/equipment outside (52.5%). • The least popular regulations to regulate home occupations in Milpitas were to:
o Only allow employees who are residents in the home or unit where the business is being conducted (i.e., prohibit other employees) (34%).
o Allow only one client/patron to visit the home-based business at a time (32%). • 10% selected “none”.

See next page.

Online Community Survey Report

FIGURE 15 – HOME-BASED BUSINESS REGULATIONS

A. Only allow employees who
are residents in the home or
unit where the business is
being conducted (i.e., prohibit
other employees)
E. Prohibit external modifications to
the home that reflect the business
operation (e.g., new entrance)
I. Other
B. Prohibit the storage of
materials/equipment outside
F. Prohibit signs visible from the
sidewalk, street, and adjacent
residences
J. None
C. Prohibit the storage of
materials/equipment in public
view
G. Prohibit operations that create
noise, vibrations, dust, odor,
smoke, or television and radio
interference
K. I don’t know
D. Allow only one client/patron to
visit the home-based
business at a time
H. Prohibit pet day care of more than
four household pets

A B C D E F G H I J K
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
Home-based businesses (i.e., home occupations) are
businesses that are conducted from a residential home,
condominium, or apartment. What home-based business
regulations are appropriate in Milpitas?

Online Community Survey Report

24 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2024 Single-Family Residential
Question #16: What new design standards, if any, do you think should apply to single-family homes in Milpitas? Select all that apply.

Results:
• The most popular design standards to regulate single-family homes in Milpitas were to:
o Privacy requirements for second story windows that are close to neighboring property (e.g., require window to be 5 ft above the finished floor or use frosted or obscured glass) (40.5%). o Exterior building materials (e.g., limit allowed materials list for exterior walls, roofing, windows; prohibit certain materials that may be visually unappealing) (35.5%). o Require 360-degree design (i.e., all sides of the building must be given equal design treatment as the primary façade) (32%).
• The least popular design standards to regulate single-family homes in Milpitas were to:
o Limit roof eave depth (i.e., identify required dimensions for the projection of roof eaves) (13.5%).
o Design requirements for window recess or exterior trim (8.5%).

See next page.

Online Community Survey Report

FIGURE 16 – SINGLE-FAMILY RESIDENTIAL DESIGN STANDARDS

A. Limit blank exterior walls (i.e.,
require exterior walls to have
windows, articulation, or other
design elements)
E. Design requirements for window
recess or exterior trim
I. Other
B. Limit types of allowed roof
forms (e.g., pitched or sloped
roof forms only, not flat roofs)
F. Exterior building materials (e.g.,
limit allowed materials list for
exterior walls, roofing, windows;
prohibit certain materials that may
be visually unappealing)
J. None
C. Limit roof eave depth (i.e.,
identify required dimensions
for the projection of roof
eaves)
G. Require home entrances to be
oriented along streets or
pathways
K. I don’t know
D. Privacy requirements for
second story windows that
are close to neighboring
property (e.g., require window
to be 5 ft above the finished
floor or use frosted or
obscured glass)
H. Require 360-degree design (i.e.,
all sides of the building must be
given equal design treatment as
the primary façade)

A B C D E F G H I J K
0%
10%
20%
30%
40%
50%
What new design standards, if any, do you think should apply to single-family homes in Milpitas?

Online Community Survey Report

26 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2024 Question #17: Current zoning requirements state that, in the Single-Family Residential (R1) Zone, no more than 50% of the required front yard area may be paved, and the paving cannot exceed the width of the garage.

Currently, when a single-family home addition is proposed, if the property does not comply with this standard, the front yard paving must be brought into compliance if the addition is approved. Should the City be more flexible in this requirement?
Results:
• 58% said the City should be more flexible in its paving requirement for Single-Family Residential (R1) properties (e.g., only require when constructing a new garage, adding more parking, proposing 20% increase in floor area, etc.).
• 22% said the City should not be more flexible in its paving requirement for Single-Family Residential (R1) properties.
• 13.5% were neutral.

FIGURE 17 – PAVING REQUIREMENT IN SINGLE-FAMILY RESIDENTIAL (R1) ZONE

Yes, it should only be
required in certain
circumstances
No Neutral I don’t know
0%
10%
20%
30%
40%
50%
60%
70%
Should the City be more flexible in this requirement?

Online Community Survey Report

Public Notifications
Question #18: What are the top three ways you would prefer to get notified of a proposed development project in Milpitas? Select up to three that apply.

Results:
• The most popular methods for notifying community members of a proposed development were:
o Postal mail (76%).
o City’s social media (51%).
o City’s opt-in email distribution list (47.5%).
• The least popular methods for notifying community members of a proposed development were:
o Notice in the newspaper (18.5%).
o City’s electronic message sign (10%).

FIGURE 18 – PUBLIC NOTIFICATION

A. Postal mail (notice flyer or
postcard)
E. City's social media I. None
B. Notice in the newspaper F. City's electronic message sign J. I don’t know C. Neighborhood/community
meeting (would apply for
large development projects
only)
G. City opt-in email distribution list
D. Notice sign posted in a visible
location on the project site
H. Other

A B C D E F G H I J
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
What are the top three ways you would prefer to get notified of a proposed development project in Milpitas?

Online Community Survey Report

28 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2024 Question #19: Would you like to receive email updates about the Milpitas Comprehensive Zoning Ordinance Update and future planning engagement opportunities for this project?
Results:
• 49% selected “Yes (sign up here)”.
• 25% selected “No”.
• 25% selected “I’m already signed up for project emails”.

FIGURE 19 – EMAIL PROJECT UPDATES

Yes (sign up here) I’m already signed up for project
emails
No
0%
10%
20%
30%
40%
50%
60%
Would you like to receive email updates about the Milpitas Comprehensive Zoning Ordinance Update and future
planning engagement opportunities for this project?

Online Community Survey Report

Write-In
Question #20: Do you have anything else to add? Feel free to use this space to share input not included in this survey or elaborate on previous answers.

Results:
• 21.5% of respondents provided written responses. Responses were mixed, but common themes included:
− Desire for continued and increased opportunity for public input via meetings, surveys, and other engagement methods.
− Desire for the City to more actively seek out input from the community on new proposed developments.
− Concern about increasing the density within Milpitas. Respondents are specifically concerned about traffic congestion.
− Concern and need for more schools to accommodate current overcrowding and the increases in density.
− Visual/aesthetic regulations are valued and should be added/retained to regulate neighborhoods.
− Parking should be regulated to prevent parking-related congestion on residential streets. • Other individual comments include:
− One respondent felt that the survey was too technical. − One respondent said that alterations or add-ons constructed illegally should be penalized with a hefty fine and that no exceptions should be allowed. − One respondent wanted no increases to building height or FAR under any circumstances, and one respondent urged the City to not approve any rezoning. − One respondent wanted parking for new multi-family projects to be underground to prevent congestion on adjacent residential streets.
− One respondent emphasized that the review process takes too long.

Other responses were not applicable to the Zoning Ordinance (e.g., comments on street standards, school district facilities funding, etc.).

Online Community Survey Report

30 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2024 Conclusion
Overall, the 83 respondents offered consistent feedback on a variety of the survey’s questions, including:
• Transportation Demand Management (TDM);
• Housing incentives; and
• Home-based businesses.

Respondents had relatively mixed feedback on questions regarding:
• Alternative parking strategies;
• Sustainability incentives; and
• The utilization of nonconforming uses and buildings.

These results will be presented to the Planning Commission and City Council during study sessions in August and September 2024, respectively. The Planning Commission and City Council’s input during these study sessions will further inform the drafting of the updated Zoning Ordinance.

Online Community Survey Report

Attachment 1: Survey

City of Milpitas Comprehensive Zoning Ordinance
Update Community Online Survey
Community Online Survey Questions
The City of Milpitas is updating its Zoning Ordinance (Municipal Code Chapter XI-10: Zoning
). The objectives of the Zoning Ordinance Update
include:
· Modernizing the Zoning Ordinance;
· Complying with state law;
· Ensuring consistency with other City planning documents; and · Promoting more compact, mixed-use, and transit-oriented development types where appropriate.

To find out more, please see the Zoning Ordinance Update website

and the
Zoning Basics information sheet on the
Resources

page of the website.

Please answer the questions to the best of your ability. The survey takes approximately 5-10 minutes to complete. The last question of this survey is open-ended and can be used as an opportunity to provide additional feedback on any other question or on a topic not included in the survey.

We appreciate your feedback. Your answers will be considered by the City’s Zoning Ordinance Update Team when updating the Zoning Ordinance.

City of Milpitas Comprehensive Zoning Ordinance
Update Community Online Survey
*

1 .

I am a:

[Select all that apply]
Resident of Milpitas
Employed in Milpitas
Student in Milpitas
Developer/builder/contractor/architect/designer
Landlord/property manager/owner of property in Milpitas Owner/operator of a Milpitas business
Other (please specify)
*

2 .

If you are a resident of Milpitas, how long have you been a resident?
Less than 1 year
1-5 years
6-10 years
11-25 years
26 or more years
Not applicable
Prefer not to say

*

3 .

If you are a business owner, how long have you been a
business owner in Milpitas?
Less than 1 year
1-5 years
6-10 years
11-25 years
26 or more years
Not applicable
Prefer not to say
*

4 .

If you are a resident of Milpitas, do you own or rent?
Own
Rent
Not applicable
Prefer not to say
*

5 .

What is your age?
Under 18
18-24
25-34
35-44
45-54
55-64
65+
Prefer not to say

City of Milpitas Comprehensive Zoning Ordinance
Update Community Online Survey
Transportation Demand Management
Transportation Demand Management (TDM) strategies aim to reduce vehicle trips and traffic congestion without building more roads. Cities can require TDM strategies for new development projects.
*

6 .

What TDM strategies are most appropriate for new housing developments in Milpitas to provide?
Select all that apply.

Transit pass subsidies for residents
On-site car share
Unbundle parking (i.e., separating the price of a parking space from the base rent or sale price of an apartment or condominium)
On-site bicycle share or micromobility (e.g., bike, scooter, other lightweight small/personal vehicles) program participation for residents On-site bicycle repair station
Active transportation gap closure (e.g., ensure pedestrian paths and bicycle lanes connect to the project site)
Require developers to pay funds for or build local transit, pedestrian and bike facilities, and/or infrastructure
Other
None / not applicable
I don’t know

*

7 .

What TDM strategies are most appropriate for new
employment-generating developments (commercial, industrial) in Milpitas to provide?
Select all that apply.

Transit pass subsidies and pre-tax transit benefits for employees Cash reward incentives (e.g., employers incentivize employees to commute via walking, bicycling, or transit with cash rewards)
Carpool/vanpool programs for employees with preferential designated parking On-site car share
Unbundle parking (i.e., separating the price of a parking space from the base lease price of a commercial space)
On-site bicycle repair station
Bicycle storage and lockers for employees
Employee shower facilities to encourage bicycling to work Telecommuting/flex work schedules
Active transportation gap closure (e.g., ensure pedestrian paths and bicycle lanes connect to the project site)
Require developers to pay funds for or build local transit, pedestrian and bike facilities, and/or infrastructure
Enhanced shuttle commitment (e.g., hotels funding or providing a supplemental shuttle service to airport, etc.)
Provide employee housing on the project site
On-site amenities to reduce employee vehicle trips during the work day (e.g., childcare, cafeteria, etc.)
Other
None / not applicable
I don’t know

*

8 .

TDM strategies should be required for which of the following in Milpitas?
Select all that apply.

New residential development projects over a certain size (e.g., 20 or more units)
New hotels (e.g., 40 rooms or more)
New retail uses of a certain size (e.g., more than 5,000 square feet) New restaurants of a certain size (e.g., more than 5,000 square feet) New employment-generating development projects (e.g., office, research & development) of a certain size (e.g., more than 10,000 square feet) New warehouses/distribution and industrial facilities of a certain size (e.g., 50,000 square feet or generate more than 100 daily trips) Other
None / TDM Plans shouldn’t be required
I don’t know

City of Milpitas Comprehensive Zoning Ordinance
Update Community Online Survey
Alternative Parking Strategies
Alternative parking strategies can be required for a proposed development project to reduce the number of parking spaces required. *

9 .

Which alternative parking strategies are most appropriate in Milpitas to justify a reduction in the required number of parking spaces for new development projects?

Select all that apply.

Provide off-site parking (i.e., provide some parking spaces off-site with connection to the project site via walking, biking, transit, etc.) Provide electric vehicle (EV) charging parking spaces in exchange for a reduction in the number of required regular parking spaces Provide designated car share vehicles onsite (e.g., Zipcar, Getaround) Provide carpool or vanpool spaces in exchange for a reduction in the number of required regular parking spaces
Provide bicycle parking spaces above what is required under applicable zoning regulations
Parking requirement reductions based on proximity to transit (i.e., reductions given if the site is within walking distance to a transit stop) In-lieu parking fees to be paid by the developer/applicant that would be used to fund shared parking facilities
Other
None / not applicable
I don’t know

City of Milpitas Comprehensive Zoning Ordinance
Update Community Online Survey
Housing Incentives
Cities can encourage desired development projects and housing unit types by providing incentives for development in the Zoning Ordinance. Housing zoning incentives are required by the City’s state-mandated Housing
Element
, the document that governs housing policy and planning in Milpitas.

Since development standards impact cost of construction and potential development revenues, these incentives can reduce development costs and increase the likelihood of a project being constructed.

*

10 .

What incentives are most appropriate for encouraging
housing production in Milpitas?

Select all that apply.

Increase allowed density (i.e., number of residential units allowed on a parcel) above what zoning currently allows
Increase allowed building floor area over what zoning currently allows Increase allowed building height above what zoning currently allows Reduce number of regular parking spaces required (i.e., for residents or non- residential uses)
Reduce number of guest parking spaces required (i.e., for guests visiting a multifamily residential building)
Reduce common open space requirements (e.g. shared lawn, plaza, or outdoor amenity areas)
Reduce private open space requirements (e.g., residential unit balconies or patios)
Allow deviations from development standards such as building setbacks, landscaping requirements, etc.

Streamline development review (i.e., make the approval process quicker and simpler)
Other
None / not applicable
I don’t know

City of Milpitas Comprehensive Zoning Ordinance
Update Community Online Survey
Sustainability Incentives
Cities can offer incentives that encourage developers to exceed baseline sustainability requirements for new building construction. The State of California requires a certain level of energy-efficient building construction, but the City could offer incentives to projects that go beyond those State- mandated requirements.

Incentives are usually intended to reduce
development costs and increase the likelihood of a project being constructed.
*

11 .

Should the City encourage development that exceeds
sustainability requirements through incentives in the Zoning Ordinance?
Yes
No
Neutral
I don’t know

*

12 .

What incentives are most appropriate for encouraging
development that exceeds sustainability requirements in Milpitas? Select all that apply.

Increase allowed density (i.e., number of residential units allowed on a parcel) above what zoning currently allows
Increase allowed building floor area over what zoning currently allows Increase allowed building height above what zoning currently allows Reduce number of regular parking spaces required (i.e., for residents or non- residential uses)
Reduce number of guest parking spaces required (i.e., for guests visiting a multifamily residential building)
Reduce common open space requirements (e.g. shared lawn, plaza, or outdoor amenity areas)
Reduce private open space requirements (e.g., residential unit balconies or patios)
Allow deviations from development standards such as building setbacks, landscaping requirements, etc.

Streamline development review (i.e., make the approval process quicker and simpler)
Other
None / not applicable
I don’t know

City of Milpitas Comprehensive Zoning Ordinance
Update Community Online Survey
Nonconforming Uses and Buildings
Nonconforming uses or buildings are those that were legally established or built under an older version of the Zoning Ordinance, but due to changes in zoning regulations, no longer meet the Zoning Ordinance’s current standards (e.g., uses or activities on the property, parking, setbacks, etc.). *

13 .

Should the City be flexible in allowing new uses/businesses to locate in and add on to nonconforming buildings, even if all the required parking spaces under the current zoning regulations cannot be provided?
Yes
No
Neutral
I don’t know
*

14 .

Should the City allow new uses/businesses in nonconforming buildings even if there is
NO

parking?
Yes
No
Only when it is not feasible or desirable for new parking to be constructed (e.g., existing buildings, an irregular lot shape, or slope, creek, trees, or other natural features limit area available for parking)
Neutral
I don’t know

City of Milpitas Comprehensive Zoning Ordinance
Update Community Online Survey
*

15 .

Home-based businesses (i.e., home occupations) are
businesses that are conducted from a residential home,
condominium, or apartment. What home-based business
regulations are appropriate in Milpitas?

Select all that apply.

Only allow employees who are residents in the home or unit where the business is being conducted (i.e., prohibit other employees) Prohibit the storage of materials/equipment outside
Prohibit the storage of materials/equipment in public view Allow only one client/patron to visit the home-based business at a time Prohibit external modifications to the home that reflect the business operation (e.g., new entrance)
Prohibit signs visible from the sidewalk, street, and adjacent residences Prohibit operations that create noise, vibrations, dust, odor, smoke, or television and radio interference
Prohibit pet day care of more than four household pets
Other
None
I don’t know

*

16 .

What new design standards, if any, do you think should apply to single-family homes in Milpitas?

Select all that apply.

Limit blank exterior walls (i.e., require exterior walls to have windows, articulation, or other design elements)
Limit types of allowed roof forms (e.g., pitched or sloped roof forms only, not flat roofs)
Limit roof eave depth (i.e., identify required dimensions for the projection of roof eaves)
Privacy requirements for second story windows that are close to neighboring property (e.g., require window to be 5 ft above the finished floor or use frosted or obscured glass)
Design requirements for window recess or exterior trim
Exterior building materials (e.g., limit allowed materials list for exterior walls, roofing, windows; prohibit certain materials that may be visually unappealing) Require home entrances to be oriented along streets or pathways Require 360-degree design (i.e., all sides of the building must be given equal design treatment as the primary façade)
Other
None
I don’t know

*

17 .

Current zoning requirements state that, in the Single-Family Residential (R1) Zone, no more than 50% of the required front yard area may be paved, and the paving cannot exceed the width of the garage. Currently, when a single-family home addition is proposed, if the property does not comply with this standard, the front yard paving must be brought into compliance if the addition is approved. Should the City be more flexible in this requirement? Yes, it should only be required in certain circumstances (e.g., when constructing a new garage, adding more parking, proposing 20% increase in floor area, etc.)
No
Neutral
I don’t know
*

18 .

What are the top three ways you would prefer to get notified of a proposed development project in Milpitas?

Select up to three that
apply.

Postal mail (notice flyer or postcard)
Notice in the newspaper
Neighborhood/community meeting (would apply for large development projects only)
Notice sign posted in a visible location on the project site City's social media
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City of Milpitas Comprehensive Zoning Ordinance
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Lisa Wise Consulting, Inc. | City of Milpitas | Comprehensive Zoning Ordinance Update | 1 Comprehensive Zoning Ordinance Update –
Planning Commission Study Session
City of Milpitas
Planning Commission Study Session Phase 2 Summary

INTRODUCTION
At 7:45 p.m. on August 28, 2024, the second Planning Commission Study Session on the City of Milpitas Comprehensive Zoning Ordinance Update commenced. The S tudy Session was conducted in person at the Barbara Lee Senior Center, Room 140/141 , and virtual attendance was available via Zoom. Notifications of the Study Session were distributed by the City and posted on the project website ( www.milpitaszoningupdate.org). The Study Session was recorded and posted on the project website so it may be viewed at any time.

ATTENDANCE
Planning Commission
• Mercedes Albana – Chair
• Sonia Medina-Ashby – Vice Chair
• Dipak Awasthi – Commissioner
• Michael Caulkins – Commissioner
• Alexander Galang – Commissioner
• Parveen Gupta – Commissioner
• Chia Ling Kong – Commissioner

City Staff
• Jay Lee – Planning and Neighborhood Services Director • Holly Pearson – Zoning Update Project Manager
• Christopher Creech – Assistant City Attorney

Lisa Wise Consulting, Inc.
• Jen Murillo – Director/LWC Project Manager
• Stefano Richichi – Senior Associate

Lisa Wise Consulting, Inc. | City of Milpitas | Comprehensive Zoning Ordinance Update | 2

OVERVIEW
Holly Pearson introduced the Zoning Ordinance Update item . Jen Murillo gave a PowerPoint - supported presentation. The presentation covered the following topics:
• Project Overview and Outreach
• Online Community Survey
• Policy Topics
• Discussion Questions
• Wrap Up and Next Steps

After the presentation, time was given for members of the Planning Commission and the public to ask general questions and provide comments in regard to the presentation.

PLANNING COMMISSION QUESTIONS AND COMMENTS
The Planning Commission provided the following comments and questions:
• Question regarding the duration and cost of reopening the community survey. Concern regarding the number of survey participants (83 people took the survey) and survey language (i.e., the survey should have been provided in languages other than English). • A cknowledgement of the goal to reduce parking requirements, and support for this to be done in conjunction with providing alternative transportation options. • Support for flexibility/leniency in allowing nonconforming buildings to make additions/improvements.
• Support for exempt ing existing single-family homes from any new single- family home design standards adopted through the Zoning Ordinance Update (i.e., do not identify single-family homes as nonconforming if they do not comply with new design standards). • The Zoning Ordinance should encourage or incentivize buildings that exceed Green Building Code requirements with streamlined review as an incentive. • Consider establishing design standards for the sides of single -family homes that are visible to the public (e.g., facing the street); it may not be appropriate to apply the same design requirements to sides of single-family homes that do not face a street.

PUBLIC COMMENT AND ADJOURNMENT
Public comments included:
• Concern regarding the number of survey participants and questions as to the adequacy of the City’s outreach efforts to inform community members about the survey. • Concern regarding insufficient parking. People, including senior citizens, need to drive to meet their daily needs and to save time. Infrastructure and effective alternative

Lisa Wise Consulting, Inc. | City of Milpitas | Comprehensive Zoning Ordinance Update | 3 transportation options must be in place to support reduced parking. Parking enforcement will also be important.
• Support for developers to determine how much parking their project will need. • Sustainability incentives should be included in the Zoning Ordinance.

City staff will consider the feedback received during this Study Session in preparing the Public Review Draft Zoning Ordinance.

At 9:00 p.m., the meeting adjourned.

Parking Discussion/Analysis

Parking – Cycle of Automobile Dependency
Generous Parking Supply
Dispersed Development
Patterns
Increased Vehicle
Ownership
Auto-Oriented
Transportation
Planning
Reduced
Travel Options
Auto-Oriented
Land Use Planning
Adapted from Parking Management: Strategies, Evaluation and Planning, Victoria Transport Policy Institute

Parking Planning – A Paradigm Shift
Old Parking Paradigm New Parking Paradigm
Parking problem means inadequate parking supply Parking problems can also include excessive supply, too low or too high prices, inadequate information, and
inefficient management
Transportation means driving There are many modes of transportation. Not everyone drives.

Abundant parking supply is always desired Too much parking is as harmful as too little All parking demand should be satisfied on individual
sites. Walking distances to cars should be minimized
Parking can be provided off-site and allow sharing of
parking facilities
Parking requirements should be applied rigidly Parking requirements should reflect particular situations Innovation should only be applied if proven and widely
accepted
Innovation is occurring rapidly
Land use dispersion is acceptable or even desirable Dispersed, auto-dependent development can be harmful Adapted from Parking Planning Paradigm Shift, Todd Litman

Parking Planning – Old Approach
Need Solution
Free, plentiful,
and convenient
parking
Provide
parking

Accessibility
Parking Planning – New Approach
Need Solution
Support
community objectives
Reduce
impervious
surface
Public
health
Accommodate
new housing
types
Provide
parking
Information
Convenient
payment
systems
Shared
facilities
System management
Equity
Complementary
facilities
Functional and
attractive
communities
Affordability
Compact,
multi-modal
development
Reduce motor
vehicle use,
encourage
alternative
modes Enforcement
Land use
planningMulti-modal
travel options

Over 1,900
U.S. Cities, Counties
or Townships have
implemented some
form of reduced or
eliminated parking
requirement
Parking Reform Throughout the US
Source: Parking Reform Network (parkingreform.org)