Agenda packet — Milpitas City Council, April 15, 2025 (part 1 of 10)

April 15, 2025 Milpitas City Council Agenda Page 1

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL
AGENDA
TUESDAY, APRIL 15, 2025
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:

Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
* To access written translation during the meeting, scan the QR Code.

The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.

You may watch the Council meeting without providing public comment by accessing it via links here.

Meeting shall be livestreamed - Go to:

Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming

PUBLIC COMMENT INSTRUCTIONS
Oral public comments may only be provided live during the City Council meeting in person, unless the City Council approves remote public comment. All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items. Members of the public may submit written comments by email to [email protected]
The meeting will be streamed via Zoom for viewing purposes only unless the City Council approves remote public comment. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_mMBJ2n4mS1yJhzdBtk6OYw NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.

MILPITAS CITY COUNCIL CODE OF CONDUCT
• Be respectful and courteous (words, tone, and body language). • Model civility.
• Avoid surprises.
• Praise publicly and criticize privately.
• Focus on the issue, not the person.
• Refrain from using electronic devices while on the Council dais. • Disclose conflicts of interest and affiliations related to agenda items. • Separate governing from campaigning.
• The Council speaks with one voice after making policy on issues. • Respect the line between policy and administration.
• Council will hold one another accountable to comply with this Code of Conduct.

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April 15, 2025 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 PM)

ADJOURN TO CLOSED SESSION
(a) PUBLIC EMPLOYEE APPOINTMENT AND HIRING
Pursuant to Government Code Section 54957(b)(1)
Employee Position: Interim City Manager
(b) CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency’s Designated Representative(s): Christopher Creech, Assistant City Attorney Employee Organization(s): Unrepresented – Interim City Manager (c) CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency’s Designated Representative(s): Matt Cano, Assistant City Manager Employee Organization(s): Unrepresented – City Attorney CLOSED SESSION ANNOUNCEMENT:

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

PLEDGE OF ALLEGIANCE
INVOCATION (Councilmember Chua)
PRESENTATIONS (7:05 PM)
● National Public Safety Telecommunicators Week – April 14-20 (Proclamation) ● Earth Day - April 22 (Proclamation)
● Arts, Culture & Creativity Month (Proclamation)
● American Muslim Appreciation & Awareness Month (Proclamation) ● Synopsys Championship Science Fair 2024 STEM Winners (Certificate) PUBLIC FORUM (7:20 PM)
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.

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

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA
CONSENT CALENDAR (7:25 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to

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April 15, 2025 Milpitas City Council Agenda Page 3
remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

C1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Recommendation: Receive City Council Calendar of Meetings for April and May 2025.

C2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Recommendation: Approve City Council Meeting minutes of April 1, 2025.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.

C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of items that have been requested by City Councilmembers and received consensus in previous meetings to date.

C5. Authorize and Approve Travel Request for Mayor Montano to Atlanta, GA (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012)
Recommendation: Authorize and approve travel to Atlanta, GA for Mayor Carmen Montano, to attend the NALEO 42nd Annual Conference to be held on July 22–24, 2025, for an estimated not-to-exceed amount of $3200 budgeted under the Individual Elected Official allocation for Conferences/Meetings/ Trainings.

C6. Adopt a Resolution Releasing Unclaimed Checks with a Value Less than $15 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111)
Recommendation: (1) Adopt a resolution releasing Unclaimed Checks with a value less than $15; and (2) Transfer a total of $308.54 in Unclaimed Checks to the General Fund.

C7. Receive and Approve the Calendar Year 2024 Controlled Equipment Annual Report (Staff Contact: Jared Hernanzez, Chief of Police, 408-586-2406) Recommendation: Receive and approve the Calendar Year 2024 Controlled Equipment Annual Report.

C8. Approve and Authorize the City Manager, or Designee, to Execute Amendment No. 1 to the Funding Agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority for the Calaveras Boulevard Widening Project, CIP No. 4258 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Recommendation: Approve and authorize the City Manager, or designee, to execute Amendment No. 1 to the Funding Agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority for the Calaveras Boulevard Widening Project, CIP No. 4258.

C9. Adopt a Resolution to Approve Project Plans and Specifications, and Award Construction Contract to GSW Construction, Inc. for the McCandless Well Facility, Project No. 7076 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)

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April 15, 2025 Milpitas City Council Agenda Page 4
Recommendation: (1) Adopt a resolution to approve the project plans and specifications, (2) Award the construction contract to GSW Construction, Inc. in the total amount of $5,336,500, (3) Authorize the City Manager to execute the construction contract with GSW Construction, Inc.; and (4) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $800,000 for the McCandless Well Facility, Project No. 7076.

C10. Approve Personnel Realignment to Meet Department Operations (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Recommendation: (1) Approve the deletion of a vacant Principal Engineer position and the addition of a Public Works Division Manager – Engineering position in the Utility Engineering Division of Public Works; and (2) Approve the deletion of a vacant Senior Public Works Lead position and the addition of a Maintenance Supervisor position in the Utility Maintenance division of Public Works.

C11. Adopt a Resolution Authorizing the Purchase of a Sewer Closed Circuit Television Truck from U-Rock Utility Equipment through a Sourcewell Cooperative Purchase Agreement (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: Adopt a resolution authorizing the purchase of a sewer closed circuit television camera truck for the Public Works Department from U-Rock Utility Equipment through a Sourcewell Cooperative Purchase Agreement in an amount not-to-exceed $372,368.81.

C12. 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) 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.

C13. Consider a Fee Waiver Request from the Samuel Ayer High School Alumni Association (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Recommendation: Approve a fee waiver of $1,500 for the Samuel Ayer High School Alumni Association 25th Annual All Class Reunion Picnic at Murphy Park on September 20, 2025.

PUBLIC HEARINGS (7:30 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

14. Adopt a Resolution to Amend the Site Development Permit and Approve a Density Bonus Permit to Modify the Design and Unit Configuration of a Building at 1355 California Circle (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Recommendation: (1) Conduct a public hearing; and (2) Adopt a resolution to amend the Site Development Permit and approve a Density Bonus Permit for an apartment building at 1355 California Circle, subject to findings and conditions of approval.

15. Adopt a Resolution Approving a General Plan Amendment to Update the Town Center and Neighborhood Commercial Mixed-Use (NCMU) Descriptions and Introduce an Ordinance Approving a Zoning Amendment to Establish the NCMU District and Update the Existing Town Center District to Create Housing Opportunity Districts (Staff Contact: Jay Lee, Planning Director, 408-586-3077)

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April 15, 2025 Milpitas City Council Agenda Page 5
Recommendation: (1) Conduct a public hearing and determine that the EIR Addendum and Supplemental Letter to the Addendum adequately analyze the potential environmental impacts associated with the proposed General Plan and Zoning Amendments and are in compliance pursuant to CEQA Guidelines §15162 and §15164, (2) Adopt a resolution approving General Plan Text and Map Amendment No. GP24-0001 to update the Town Center (TWC) and Neighborhood Commercial MixedUse (NCMU) descriptions and amend the land use designation of certain parcels; and (3) Waive the first reading beyond the title and introduce Ordinance No. 38.857 approving Zoning Text and Zoning Map Amendment No. ZA24-0001 to establish the Neighborhood Commercial Mixed-Use (NCMU-1,2,3) district and subdistricts, and update the existing Town Center (TC districts to establish the subdistricts (TC-1,2,3).

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE (8:30 PM)

16. Receive a Presentation on the Draft Public Art Master Plan (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: Receive a presentation on the draft Public Art Master Plan and provide feedback on key strategies to staff.

LEADERSHIP AND SUPPORT SERVICES (9:00 PM)

17. Adopt a Resolution Appointing an Interim City Manager (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086)
Recommendation: (1) Adopt a resolution to appoint an Interim City Manager effective on approval and until a permanent City Manager is appointed, (2) Approve and authorize the Mayor to execute an employment agreement on behalf of the City, and (3) Authorize the Assistant City Manager or designee to take such other actions as necessary and appropriate to carry out the purpose of this appointment.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (9:30 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.

ADJOURNMENT (9:35 PM)

KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.

Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)

APPLY TO SERVE ON A CITY COMMISSION

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April 15, 2025 Milpitas City Council Agenda Page 6
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.

Contact the City Clerk’s Office at 408-586-3001 for more information.

If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.

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Milpitas City Council Calendar
April 2025
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 6:00 PM-Closed Session
7:00 PM-City Council
2 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
5:30 PM-Veterans Commission (GB)
7:00 PM-Community Housing
Commission (EC)
3 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
4 5
6 7
7:00 PM-Parks, Recreation & Cultural
Resources Commission (EC)
8 9
4:30 PM-City Council Finance
Subcommittee (CM/EC)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Cupertino)
7:00 PM-Planning Commission
10 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
11 12
13 14 15
5:00 PM-Closed Session
7:00 PM-City Council
16 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
17 18 19
20 21
7:00 PM-Science, Technology, and
Innovation Commission (WL)
22 1:30 PM-Senior Advisory Commission
(HL)
23 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (CM)
24 12:00 PM-Santa Clara County Library
JPA Board Meeting (CM) (Campbell,
CA)
25 26
27 28 29 30
March 2025

S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
May 2025

S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31

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Milpitas City Council Calendar
May 2025
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
2 3
4 5
7:00 PM-Parks, Recreation & Cultural
Resources Commission (EC)
6 6:00 PM-Closed Session
7:00 PM-City Council
7 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
8 4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
9 10
11 12
4:30 PM-Economic Development and
Trade Commission (WL)
13 4:00 PM-Milpitas HOPE
14 4:30 PM-City Council Finance
Subcommittee (CM/EC)
7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Cupertino)
15 6:30 PM-Bay Area Water Supply
Conserv Agency (CM) (Oak Room -
San Mateo Main Library)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(WL)
16 17
18 19
7:00 PM-Science, Technology, and
Innovation Commission (WL)
7:00 PM-Library and Education
Commission (HL) (Milpitas Public
Library)
7:00 PM-Arts Commission Special
Meeting
20 5:00 PM-Closed Session
7:00 PM-City Council
21 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
22 4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
(GB)
23 24
25 26
Memorial Day – City
Observed Holiday
City Hall Closed
27 28
12:00 PM-Santa Clara Valley Water
District - Water Commission (CM)
7:00 PM-Planning Commission
29 30 31
April 2025

S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
June 2025

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

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April 1, 2025 Milpitas City Council Minutes Page 1

SPECIAL MEETING OF THE MILPITAS

CITY COUNCIL

MINUTES
TUESDAY, APRIL 1, 2025
The City Council of the City of Milpitas convened in a Special Meeting on April 1, 2025, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 8:03 AM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Barbadillo (8:07 AM), Councilmember Chua, Councilmember Lam, Councilmember Lien
ABSENT: None

PLEDGE OF ALLEGIANCE
The City Council recited the pledge of allegiance.

PUBLIC FORUM
There were no public comments.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS Acting City Attorney Creech asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest (Absent: Barbadillo). Acting City Attorney Creech asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions (Absent: Barbadillo).

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

APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.

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

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None
Acting City Atorney Creech briefed the City Council on the Closed Session Agenda.

ADJOURN TO CLOSED SESSION
The City Council adjourned to Closed Session at 8:09 AM.

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April 1, 2025 Milpitas City Council Minutes Page 2
(a) PUBLIC EMPLOYEE APPOINTMENT, HIRING AND INTERVIEWS
Pursuant to Government Code Section 54957(b)(1)
Employee Position: Interim City Manager
Vice Mayor Barbadillo left the meeting at 11:05 AM.

CLOSED SESSION ANNOUNCEMENT:

The City Council reconvened at 11:12 AM.

Acting City Attorney Creech had no report out from Closed Session.

ADJOURNMENT
Mayor Montano adjourned the meeting at 11:13 AM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

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April 1, 2025 Milpitas City Council Minutes Page 1

JOINT MEETING OF THE MILPITAS CITY

COUNCIL AND HOUSING AUTHORITY

MINUTES
TUESDAY, APRIL 1, 2025
The City Council of the City of Milpitas convened on the regular City Council meeting day in a Joint Meeting of the Milpitas City Council and Housing Authority on April 1, 2025, in the City Council Chamber, 455 E.

Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 5:30 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Barbadillo (5:31 PM), Councilmember Chua, Councilmember Lam, Councilmember Lien
ABSENT: None.

Acting City Attorney Creech briefed the City Council on the Closed Session Agenda.

The City Council adjourned to Closed Session at 5:32 PM.

The City Council reconvened at 7:23 PM.

Acting City Attorney Creech had no report out from Closed Session.

PLEDGE OF ALLEGIANCE
Mayor Montano led the Pledge of Allegiance.

INVOCATION
Councilmember Chua provided the invocation.

PRESENTATIONS
Mayor Montano and the City Council presented proclamations in recognition of Fair Housing Month, Cesar Chavez Day, and Black April. Rosa Amador from La Raza Roundtable accepted the proclamation for Cesar Chavez Day. Ha Phan accepted the proclamation for Black April.

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April 1, 2025 Milpitas City Council Minutes Page 2

PUBLIC FORUM
There were the following public speakers:

1. Voltaire Montemayor

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS Acting City Attorney Creech asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. Acting City Attorney Creech asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.

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

APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.

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

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None

CONSENT CALENDAR
Councilmember Chua asked to pull Item C5.

There were no public comments.

After discussion, motion: to approve the Consent Calendar.

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

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None

1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Received City Council Calendar of Meetings for April 2025.

2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Approved City Council Meeting minutes of March 18, 2025.

3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.

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4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of items that have been requested by City Councilmembers and received consensus in previous meetings to date.

6. Receive and Authorize Submittals of the 2024 Housing Element Annual Progress Report and Housing Successor Agency Annual Report to California Department of Housing and Community Development and Governor’s Office of Planning and Research (Staff Contact: Sarah Balcha, Acting Housing Official, 408-586-3268)
Received and authorized submittals of the 2024 Housing Element Annual Progress Report and Housing Successor Agency Annual Report to the California Department of Housing and Community Development and Governor’s Office of Planning and Research.

7. Receive the 2024 General Plan Annual Progress Report and Authorize Submittal of the Report to the Governor’s Office of Planning and Research (Staff Contact: Jay Lee, Planning Director, 408-586-3077; and Lillian VanHua, Principal Planner, 408-586-3073) Received the 2024 General Plan Annual Progress Report and authorized the submittal of the report to the Governor’s Office of Planning and Research (OPR).

8. Adopt a Resolution to Accept Fire Service Project as Part of the Fire Station No. 1 Modular Building Replacement, Project No. 3465 and Authorize the City Engineer to File a Notice of Completion and Issue a Notice of Final Acceptance after the One-Year Warranty (Staff Contact:

Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Adopted Resolution No. 9397 to accept Fire Service Project as part of Fire Station No.1 Modular Building Replacement, Project No. 3465, and authorized the City Engineer to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty.

9. Approve an Amendment to the Master Agreement with the Santa Clara Valley Transportation Authority Relating to the Silicon Valley Rapid Transit Berryessa BART Extension Project for Reimbursement of Pavement Restoration along City Streets (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; Michael Silveira, City Engineer, 408-586-3303) Approved and authorized the City Manager, or designee, to execute Amendment No. 17 to the Master Agreement with the Santa Clara Valley Transportation Authority relating to the Silicon Valley Rapid Transit Berryessa BART Extension Project for reimbursement of pavement restoration along City streets.

10. 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) (1) Received an update on the security improvements at the McCarthy Ranch Sewer Lift Station; and (2) Determined by a four-fifths vote that the condition continues to constitute an emergency.

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April 1, 2025 Milpitas City Council Minutes Page 4

PUBLIC HEARINGS

11. Conduct a Public Hearing on the Request for a Bingo License for the Barbara Lee Senior Center (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) City Manager Thomas introduced the item. City Clerk Guzzetta presented the report.

Councilmember Chua spoke in support of the item, noting the seniors had requested the bingo and volunteered to help manage the sessions.

Councilmember Lam asked about the license renewal duration and operating hours. Recreation and Community Services Director Lorentzen noted the Senior Center would run 3-hour sessions around 10 a.m. to 1 p.m., utilizing the Senior Center's operating hours.

Mayor Montano asked about inspection requirements. Police Chief Hernandez explained that bingo providers must annually report changes in management, procedures, and financial status.

Councilmember Lam asked about security requirements. Police Chief Hernandez and Acting City Attorney Creech confirmed no specific security mandate exists, but Chief Hernandez noted he could recommend security if it was warranted.

Councilmember Lien asked after revenues from bingo games. Recreation and Community Services Director Lorentzen explained that most goes to bingo winners, with excess revenue, estimated at $500- $750 annually, going to the city's general fund.

Vice Mayor Barbadillo noted the growing number of bingo licenses and suggested reviewing the bingo ordinance in the future.

Mayor Montano opened the public hearing.

1. Voltaire
Mayor Montano closed the public hearing.

After discussion, motion: to approve a Bingo License for the City of Milpitas Barbara Lee Senior Center to hold a regular bingo game..

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

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None

LEADERSHIP AND SUPPORT SERVICES

12. Receive presentations about City of Milpitas Property Tax and City of Milpitas Transactions (Sales) & Use Tax (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) City Manager Thomas and Finance Director Cofresí-Howe introduced the item. HdL President Paula Cone presented the report on property tax. HdL Principal Tracy Vesely presented the report on Trasanctions (Sales) & Use Tax.

Both representatives from HdL responded to questions from the City Council.

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April 1, 2025 Milpitas City Council Minutes Page 5
There were the following public speakers:

1. Voltaire Montemayor

ITEMS PULLED FROM CONSENT CALENDAR

5. Approve an Amendment to the Professional Services Agreement with Berry, Dunn, McNeil & Parker LLC for Enterprise Resource Planning Consulting Services (Staff Contact: Luz CofresíHowe, Finance Director, 408-586-3111; and Kelli Parmley, Human Resources Director 408-586- 3086)
Councilmember Chua initiated the discussion, requesting clarification from staff on the requested increase. She expressed concerns about project management oversight, questioned deliverables, and emphasized the need for a detailed project plan to justify the expense. Finance Director Cofresí-Howe explained the original budget underestimated external project management needs and that the project scope had evolved significantly since its inception in 2021. She noted that the Finance and HRIS modules are closely integrated, and both she and the Human Resources Director are serving as project leads due to limited staff capacity.

Mayor Montano suggested deferring the item until a new city manager is in place but acknowledged the urgency conveyed by staff. Finance Director Cofresí-Howe cautioned that even a short delay could impact the project timeline and staff workload.

Councilmember Lien inquired about the operational impact of a delay. Luz and City Manager Thomas explained that postponement would strain resources, especially as staff are also preparing the city budget. Finance Director Cofresí-Howe emphasized the need for continuity to meet the targeted go-live dates for the Finance and HRIS modules, respectively.

Vice Mayor Barbadillo supported the funding, noting the necessity of the project and the professional judgment of staff. He acknowledged the historical issues and offered confidence in the current leadership’s approach.

Councilmember Lam confirmed that the project would not halt immediately if a decision was delayed to the next meeting. Finance Director Cofresí-Howe replied they could continue short-term but stressed that the remaining hours were being rapidly consumed.

There were the following public speakers:

1. Voltaire Montemayor
City Manager Thomas offered final comments on the item.

After discussion, Vice Mayor Barbadillo made a motion: to approve and authorize the City Manager, or designee, to execute an amendment to the Professional Services Agreement with Berry, Dunn, McNeil & Parker LLC for Enterprise Resource Planning Consulting Services in the amount of $620,000 with additional authority to approve changes of up to 10%.

Councilmember Chua asked to remove the 10% contingency authority from the recommendation. Vice Mayor Barbadillo agreed to the amendment and restated the amended motion: to approve and authorize the City Manager, or designee, to execute an amendment to the Professional Services Agreement with Berry, Dunn, McNeil & Parker LLC for Enterprise Resource Planning Consulting Services in the amount of $610,500. Councilmember Lien seconded the motion.

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April 1, 2025 Milpitas City Council Minutes Page 6
Motion/Second: Vice Mayor Barbadillo / Councilmember Lien Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Lam, Councilmember Lien NOES: Councilmember Chua

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
CIty Manager Thomas announced the budget study session scheduled for April 2, 2025, at 5 p.m., noting modifications made to the chambers to accommodate staff presentations.

Council Member Chua proposed creating a Milpitas Community Concert Choir, requesting city support for marketing and rehearsal space. There was unanimous consensus to add the item to the prioritization list.

Councilmember Lam announced the implementation of household battery disposal services at City Hall, thanking the City Manager, Assistant City Manager, and Public Works staff for this initiative.

Vice Mayor Barbadillo made the following requests:

1. To review the bingo ordinance to enhance transparency. There was unanimous consensus to add the item to the prioritization list.

2. Develop a project management policy. Assistant City Manager Matt Cano suggested creating an informational memo outlining project management phases and internal checks and balances.

Mayor Montano proposed adding names to the plaque at the Cesar Chavez Plaza when funding becomes available in the future. There was consensus to add the item to the prioritization list (Noes: Lien).

Councilmember Lam brought up concerns about the electronic devices language in the City Council Code of Conduct, suggesting modifications to the existing language. There was unanimous consent to bring the item forward with a future handbook update.

Councilmember Chua raised concerns on a report that one of the City Fire Stations did not have a flag pole.

Fire Chief Schoonover assured the Councilmember that all stations have flagpoles and agreed to look into the matter.

ADJOURNMENT
Mayor Montano adjourned the meeting at 10:35 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

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TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 4/11/2025
May 6, 2025 – Regular Meeting (7:00 PM)

CLOSED SESSION
INVOCATION (Vice Mayor Barbadillo)

PRESENTATION
- Affordable Housing and Building Safety Month (Proclamation) - National Mental Health Awareness Month (Proclamation) - Older Americans Month (Proclamation)

CONSENT CALENDAR

1. Receive City Council calendar for May 2025 (City Clerk)

2. Approve City Council meeting minutes of April 2 and 15, 2025 (City Clerk)

3. Preview list of items for May 20, 2025 (City Clerk)

4. Commission Appointments (City Clerk)

5. Agreement with WeHOPE for $203,033 for Homeless Outreach, Assessment and Case Management Services (Housing)

6. Adopt a Resolution Authorizing the Application to the HOME Investment Partnerships Program grant for $500,000 (Housing)

7. Housing Opportunity District Ordinance 2nd Reading (Planning)

8. Amendment to Lisa Wise consulting Professional Services Agreement for Comprehensive Zoning Ordinance Update (Planning)

9. Resolution to Approve Engineer's Report & Adopt Resolution of Intent to Levy & Collect Assessments and Provide Notice of Public Hearing for LLMD District No. 95-1 (Public Works / Engineering)

10. Resolution to Approve Engineer's Report & Adopt Resolution of Intent to Levy & Collect Assessments and Provide Notice of Public Hearing for LLMD District No. 98-1 (Public Works / Engineering)

11. Cape/Slurry Seal Road Preservation Award (Public Works / Engineering)

12. Add / Delete Public Works Staffing Changes: Maintenance Assistant to Maintenance Workers (2) (Public Works)

13. Acceptance of SVCE Grant for Vehicle Electrification (Public Works)

14. Emergency Declaration Update - Main Sewer Lift Station Security Measures (Public Works)

15. Public Art Master Plan Adoption (Recreation)

PUBLIC HEARINGS

16. Fire Hazard Severity Zone Maps (Fire Prevention)

17. CDBG FY 2025-2030 Consolidated Plan and FY25-26 Annual Action Plan (Housing)

LEADERSHIP AND SUPPORT SERVICES

18. Council Quarterly Prioritization (City Manager)

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MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS

OPEN ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Revise City Council Code of Conduct language
regarding the use of electronic devices. Lam 4/1/2025
This item is scheduled for consideration in
the next quarterly prioritization update.
2 Add names to the plaque at the Cesar Chavez
Plaza when funding becomes available in the
future Montano 4/1/2025
This item is scheduled for consideration in
the next quarterly prioritization update.
3 Develop a project management informational
memo. Barbadillo 4/1/2025
This item is scheduled for consideration in
the next quarterly prioritization update.
4 Review the bingo ordinance to enhance
transparency Barbadillo 4/1/2025
This item is scheduled for consideration in
the next quarterly prioritization update.
5 Create a Milpitas Community Concert Choir with
city support for marketing and rehearsal space. Chua 4/1/2025 This item is scheduled for consideration in
the next quarterly prioritization update.
6 Look into adding an entertainment zone to Main
Street. Montano 3/4/2025
An update on this item is included in the
quarterly prioritization update.
7 Staff provide a detailed analysis of overtime
expenditures by department. Barbadillo 3/4/2025
An update on this item will be included as
part of the FY 25-26 Budget Process
8 Return with a hiring activity report. Barbadillo 3/4/2025 An update on this item will be included as
part of the FY 25-26 Budget Process
9 Look into a policy to require a Super Majority vote
by Council for any deductions to budget reserves. Chua 2/18/2025 An update on this item is included in the
quarterly prioritization update.
10 Bring back a discussion regarding fentanyl-related
issues Barbadillo 2/18/2025
An update on this item is included in the
quarterly prioritization update.
11 Feasibility study regarding a police satellite office. Montano 2/18/2025 An update on this item is included in the
quarterly prioritization update.

ACTIVE ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
12 Staff organize a job fair for City job openings Chua 11/19/2024 An update on this item is included in the
quarterly prioritization update.
13 Bring back a study or analysis of the permit
process Chua 11/19/2024
An update on this item is included in the
quarterly prioritization update.
14 Invite the HR Director to a future meeting to
present on hiring processes and vacancies Lien 10/1/2024 An update on this item is included in the
quarterly prioritization update.
15 Explore updating the city's business tax rate
schedule Chua 10/1/2024
An update on this item is included in the
quarterly prioritization update.
16 Explore funding options for new signage following
the decision to rename the Milpitas Library to the
Milpitas Jose Esteves Library Barbadillo 9/3/2024
An update on this item is included in the
quarterly prioritization update.
17 Send a letter to Supervisory Otto Lee regarding the
weeds on Montague Expressway Montano 8/13/2024
An update on this item is included in the
quarterly prioritization update.
18 Update the animal control ordinance to include
other animals such as horses and cats Chua 9/3/2024
An update on this item is included in the
quarterly prioritization update.
19 Look into a property for sale on Main Street to
investigate the cost and feasibility of creating a
museum for downtown or Old Town Main Street as
part of the revitalization efforts. Montano 8/13/2024
An update on this item is included in the
quarterly prioritization update.
20 Look into adopting an ordinance similar to San
Jose allowing ADUs (Accessory Dwelling Units) to
have a separate title and be sold separately.

Chua 8/13/2024
An update on this item is included in the
quarterly prioritization update.
21 Conduct a traffic study on Escuela Parkway to
address circulation concerns Montano 5/7/2024
An update on this item is included in the
quarterly prioritization update.
22 Explore the possibility of augmenting the Planning
Commission stipend Barbadillo 4/16/2024
An update on this item is included in the
quarterly prioritization update.
23 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
An update on this item is included in the
quarterly prioritization update.

NOTE: Deferred and Completed Items are not listed

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MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
24 Bring back Bingo and the Tour at the Senior
Center Chua 11/7/2023
An update on this item is included in the
quarterly prioritization update.
25 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
An update on this item is included in the
quarterly prioritization update.
26 Main Street International Festival Lien 10/3/2023
An update on this item is included in the
quarterly prioritization update.
27 Pickleball Pilot Project Chua 2/28/2023
An update on this item is included in the
quarterly prioritization update.
28 Main Street Infrastructure Projects Montano 2/28/2023 An update on this item is included in the
quarterly prioritization update.
29 Main Street Flooding at Library Chua 2/28/2023
An update on this item is included in the
quarterly prioritization update.
30 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update on this item is included in the
quarterly prioritization update.
31 City Manager to look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center Chua 9/20/2022
An update on this item is included in the
quarterly prioritization update.
32 City Manager look into implementing a workshop
for small businesses on the bidding process for
projects in the city Chua 8/9/2022
An update on this item is included in the
quarterly prioritization update.
33 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update on this item is included in the
quarterly prioritization update.
34 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
An update on this item is included in the
quarterly prioritization update.
35 Evaluate reopening the childcare center with a nonprofit organization running the center Montano 2/1/2022An update on this item is included in the quarterly prioritization update.
36 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
An update on this item is included in the
quarterly prioritization update.
37 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
An update on this item is included in the
quarterly prioritization update.
38 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
An update on this item is included in the
quarterly prioritization update.
39 Consider Community Museum and Park on Main
St. Phan 8/20/2019
Discussions with the property owner of this
site are ongoing.

ACTIVE ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:

NOTE: Deferred and Completed Items are not listed

Page 19 of 1436 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Authorize and Approve Travel Requests for Mayor Montano to Atlanta, GA (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) Category: Consent Calendar-Leadership and Support Services Meeting Date: 4/15/2025
Recommendation: Authorize and approve travel to Atlanta, GA for Mayor Carmen Montano, to attend the NALEO 42nd Annual Conference to be held on July 22–24, 2025, for an estimated not-to-exceed amount of $3,200 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings.

BACKGROUND:

The National Association of Latino Elected and Appointed Officials (NALEO) 42nd Annual Conference is the nation's largest and most prestigious gathering of Latino elected and appointed officials. This year, the NALEO conference will be held in Atlanta, GA from July 22–24, 2025. The conference is designed to enhance participant governance skills and deepen understanding of critical policy issues in a crossjurisdictional context. Additionally, Mayor Montano’s attendance at this conference will foster relationships with their peers. Included in this agenda packet is the preliminary conference agenda as Attachment 1.

ANALYSIS:

The City of Milpitas Travel and Expense Policy requires the City Council to approve all travel for elected officials and the City Manager. City Council approval of the Atlanta, GA travel request will allow Mayor Carmen Montano to gain additional knowledge from other elected and appointed officials, and bring that knowledge back to share with her colleagues. Continued conference participation and attendance also ensure that the Milpitas community is fully represented at the regional, state, and national levels.

POLICY ALTERNATIVE(S):

Not Applicable
FISCAL IMPACT:

The estimated individual expenses for the NALEO 42ND Annual Conference, including the registration fee, lodging, meals, mileage, airport parking and incidental reimbursements, are $3,200.

As this is the Mayor’s first travel expenditure for Fiscal Year 2025-26, Mayor Carmen Montano will have a full $10,000 available of her annual travel allocation. if the City Council approves the recommendation, Mayor Montano will have $6,800 remaining in her annual travel allocation for Fiscal Year 2025-26.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action is an organizational or administrative activity of the City government that will not result in direct or indirect physical changes in the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.

RECOMMENDATION:

Authorize and approve travel to Atlanta, GA for Mayor Carmen Montano, to attend the NALEO 42nd Annual Conference to be held on July 22–24, 2025, for an estimated not-to-exceed amount of $3,200 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings.

ATTACHMENT(S):
(a) NALEO 42nd Annual Conference Agenda
(b) Council Conferences/Trainings FY 2025-26 Budget Tracking Sheet

Page 20 of 1436 ends

Agenda
Conference sessions are designed to enhance participant governance skills and deepen understanding of critical policy issues in a cross-jurisdictional context.

Times in the agenda are in Eastern Time Zone. All events are subject to change. 
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Conference Early Bird Registration
Opening Gavel Ceremony & Breakfast Plenary: Growth of the Latino Community in the South The American South has seen some of the largest rates of Latino population growth in the country. From 2010 to 2020, the region’s total population grew from 26.6 million to 28.5 million — an increase of 7.1 percent — while the region’s Latino population increased by 40 percent to 1.9 million. Georgia had the biggest raw population increase of nearly 270,000 Latinos and has seen continued growth in the number of Latino elected officials across all levels of government. Such growth has influenced the region’s culture, economy, workforce, voting population, and political representation. During this opening plenary, panelists will provide an overview of the region’s Latino community, including its economic impact and the evolution of its political leadership.

NALEO Service Project
NALEO Marketplace & Networking Break
Health Track: Medicaid: Federal Legislation Funding Cuts & Local Level Impact  Monday, Jul 21, 2025
 2:00 PM - 5:00 PM EDT
 Tuesday, Jul 22, 2025
 9:00 AM - 10:00 AM EDT
 10:00 AM - 10:30 AM EDT
 10:30 AM - 12:00 PM EDT
 REGISTER NOW
4/7/25, 11:31 AM Agenda
https://s2.goeshow.com/naleo/annual/2025/schedule.cfm 1/6

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Health Track: Medicaid: Federal Legislation, Funding Cuts & Local Level Impact More than 70 million Americans, about one-fifth of the population, rely on Medicaid for their healthcare coverage. Congressional proposals to make changes to Medicaid would result in a significant shift of fiscal responsibility to state and local governments. During this session, participants will receive an overview of the Medicaid landscape, the impact of congressional proposals on local governments and the provision of healthcare for their most vulnerable populations, and the options available to policymakers at the local level to help ensure their constituents have access to the healthcare they need.

Tech Track: AI Regulations & Technology Developments
With hundreds of Artificial Intelligence (AI)-related bills introduced in 2025, state policymakers are navigating a rapidly evolving regulatory landscape. This session will provide an update on key legislative trends, emerging AI regulations, and policy priorities shaping the future of AI governance. Experts will also discuss how this technology is expected to expand across multiple sectors and what policymakers need to know to stay ahead of these developments.

Powering the Future: Meeting America’s Growing Energy Needs As the nation’s energy demands grow, policymakers must navigate the challenges of ensuring reliable and sustainable power for the communities they represent and the industries that employ people and fuel local economies. From the rise of AI and data centers to the expansion of advanced manufacturing and smart infrastructure, energy consumption is evolving rapidly. This session will explore strategies to modernize the grid and enhance resilience while meeting the needs of a changing economy.

Education Track: The Future of Public Education
Public education remains at the forefront of national discourse as recent changes in legislation require schools and districts to evolve. A thorough understanding of federal and state education policy and how it will affect student success at the local levels requires a focused governance and leadership approach from school boards. In this session, participants will receive an overview of the public education landscape, understand the implication of national trends on local school districts, and acquire strategies to serve students in future contexts.

National Leadership Luncheon & Plenary
Tech Track: AI and the Workforce: Opportunities, Challenges, & Policy Considerations Artificial intelligence (AI) is transforming workforce industries at a rapid pace, reshaping how jobs are created and performed. As AI-driven tools become more integrated into the healthcare, education, manufacturing, and public services sectors, policymakers must understand the implications for job creation and economic opportunities for the Latino workforce. This session will provide an overview of AI’s impact on the workforce, highlight best practices in leveraging AI for workforce development, and explore strategies to ensure Latino workers and businesses are positioned for success in an AI-driven economy.

Governance Track: The New Financial Landscape for State & Local Governments  12:30 PM - 2:00 PM EDT
 2:30 PM - 4:00 PM EDT
4/7/25, 11:31 AM Agenda
https://s2.goeshow.com/naleo/annual/2025/schedule.cfm 2/6

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Governance Track: The New Financial Landscape for State & Local Governments State and local governments face growing budget challenges due to expiring federal pandemicera aid, inflation outpacing state funding, and slower local revenue growth. This session will provide policymakers with an overview of how governments are adjusting their fiscal strategies to sustain essential services and projects. Participants will also gain insights into short- and long-term approaches to maintaining fiscal resilience in an evolving economic landscape.

Financial Track: Expanding Homeownership for Stronger Communities Homeownership is a key path to generational wealth, but many Latino families face barriers like limited financing options, housing shortages, and heirs’ property issues. By 2040, Latinos are projected to account for 70% of net new homeowners, making policies that support access to homeownership vital for economic stability. This session will examine these barriers and explore best practices and policy solutions to expand homeownership opportunities and ensure long-term financial stability for Latino households.

Opening Reception: Welcome to ATL
Attendees will not want to miss out on the opportunity to network with colleagues from across the country as they enjoy an assortment of culinary delights and refreshing cocktails at this kickoff event at the World of Coca-Cola.

Breakfast Plenary: New Federal Policies & the Latino Community The Trump Administration has enacted numerous changes that affect federal policies around immigration, education, health, energy, trade, foreign policy, and many others. This plenary will provide elected officials from all levels of government with an overview of the federal landscape and how these changes affect the Latino community.

NALEO Marketplace & Networking Break
NALEO Service Project
Financial Track: Investing in Latinas Through Financial Empowerment & Entrepreneurship Latinas are a powerful force in our homes, workplaces, and the U.S. economy, with high rates of business ownership and economic output growing over 51 percent since 2010. However, financial wealth-building remains a challenge for many Latino families. This session will equip elected officials with strategies to support Latina economic empowerment through financial literacy and entrepreneurship, fostering long-term financial security and economic resilience.

Governance Track: Land Use 101
 5:00 PM - 7:00 PM EDT
 Wednesday, Jul 23, 2025
 9:00 AM - 10:00 AM EDT
 10:00 AM - 10:30 AM EDT
 10:30 AM - 12:00 PM EDT
4/7/25, 11:31 AM Agenda
https://s2.goeshow.com/naleo/annual/2025/schedule.cfm 3/6

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Governance Track: Land Use 101
Among the most critical responsibilities for policymakers is determining how the physical configuration of their communities will change, develop, and adapt to meet their residents’ present and future needs. This session will provide a high-level overview of land use planning and will highlight best practices and innovative strategies communities are using to repurpose, develop, or sell underutilized land for better use.

Health Track: Meeting the Health Needs of Veterans & First Responders Military personnel and first responders experience tremendous physical and mental strain in the line of duty. The U.S. is home to nearly 1.5 million Latino veterans and 265,000 Latino first responders. Service to community and country leads to high incidence of mental health issues, injuries, and exposure to hazardous materials. This session will provide an overview of the health status of veterans and first responders. It will also provide participants with innovative policy solutions and best practices to care for these frontline heroes.

Governance Track: Professional Development for Latinos in the Corporate & Public Sector Latino professional organizations have long held a role in cultivating talent for the corporate and public sectors. Latinos are projected to make up over 20 percent of the labor force by 2030, increasing the need for professional development tailored to the community. In this session, participants will hear from a panel of leaders who head professional and leadership organizations that develop the Latino workforce across different sectors.

National Leadership Luncheon & Plenary: Separating Fact from Fiction: A Postmortem on the Latino Vote of 2024
In November 2024, Latinos once again played a decisive role in the presidential election and local and state contests. NALEO Educational Fund projected that at least 17.5 million Latinos nationwide would vote, representing a 6.5 percent increase from 2020 Latino turnout. This plenary will provide a profile of the current Latino electorate, address the Latino community’s impact on the 2024 election, and what steps candidates up and down the ballot can take to secure the Latino vote in 2026 and beyond.

Health Track: Strengthening Mental Health Support for Latino Communities Mental health is essential to overall well-being, yet many Latinos face barriers to care due to stigma, cost, and limited access to services. As Latino policymakers shape and improve healthcare systems, they play a key role in expanding access to services, strengthening the healthcare workforce, and addressing disparities. This session will explore the factors affecting Latino mental health and explore strategies to improve health outcomes.

Emergency Response to Weather Related Events
Response and recovery efforts in the early days and weeks following a disaster can drastically impact the speed and sustainability of community recovery and resiliency. This session will explore long-term policy challenges, opportunities, and strategies communities can implement before an emergency for more effective disaster response and recovery.

Education Track: Fostering School Board and Superintendent Relations  12:30 PM - 2:00 PM EDT
 2:30 PM - 4:00 PM EDT
4/7/25, 11:31 AM Agenda
https://s2.goeshow.com/naleo/annual/2025/schedule.cfm 4/6

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Education Track: Fostering School Board and Superintendent Relations Between 2019 and 2024, more than 40 percent of school districts experienced a superintendent’s departure, an alarming turnover pattern that has lasting impacts on school district systems, staff, and students. In this session, participants will learn strategies that governing board members can employ to help cultivate and support superintendents’ leadership.

Breakfast
National Leadership Plenary: Commemorating the 60th Anniversary of the Voting Rights Act of 1965 Sixty years ago, on August 6, 1965, President Lyndon. B. Johnson signed the Voting Rights Act of 1965 (VRA) into law. The VRA was landmark legislation aimed at eliminating practices that had historically disenfranchised Black Americans, preventing them from registering to vote and casting ballots. This federal legislation helped transform political power in the South. In 1975, the VRA was amended to strengthen its protections for Latinos, Asian Americans, and Native Americans, including requirements to provide language access and assistance in elections for these groups. During this commemoration, panelists will reflect on the 60 years since the signing of the VRA and the current and future state of voting rights.

Networking Luncheon: A Taste of the South
As we conclude the NALEO 42 Annual Conference, enjoy some delectable dishes from the Peach State in this relaxed, Southern hospitality experience celebrating Latino leadership from across the country.
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CONTACT US
[email protected]
 Thursday, Jul 24, 2025
 9:00 AM - 10:00 PM EDT
 10:30 AM - 12:00 PM EDT
 12:30 PM - 2:00 PM EDT
4/7/25, 11:31 AM Agenda
https://s2.goeshow.com/naleo/annual/2025/schedule.cfm 5/6

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Total
$ 3,200.00
Remaining Balance
$ 6,800.00
1 NALEO 42nd Annual Conference July 22-24, 2025 $3,200.00 estimated Total Remaining Balance
$ 0.00 $ 10,000.00
Total Remaining Balance
$ 0.00 $ 10,000.00
Total Remaining Balance
$ 0.00 $ 10,000.00
Total Remaining Balance
$ 0.00 $ 10,000.00
Councilmember Lam
Training/Travel Event FY24-25 Amount
Expended/Estimates
Training/Travel Event FY24-25 Amount
Expended/Estimates
Councilmember Lien
Training/Travel Event FY24-25 Amount
Expended/Estimates
Vice Mayor Barbadillo
Training/Travel Event FY24-25 Amount
Expended/Estimates
Councilmember Chua
ATTACHMENT 2
Council Conferences/Trainings FY 2025-26 Budget Tracking Sheet Mayor Montano
Training/Travel Event FY24-25 Amount
Expended/Estimates

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Releasing Unclaimed Checks with a Value less than $15 in the aggregate amount of $308.54 (Staff Contact: Luz Cofresí-Howe, 408-586- 3111)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 4/15/2025
Recommendation: (1) Adopt a resolution releasing Unclaimed Checks with a value less than $15 and (2) Transfer a total of $308.54 in Unclaimed Checks to the General Fund.

BACKGROUND:

According to the City of Milpitas’ Standard Operating Procedure (SOP) No. 26-1, which conforms with California Government Code Section 50055, unclaimed checks, and credits of less than $15, or any amount if the depositor’s name is unknown, which remain unclaimed for more than one year may be transferred to the General Fund by authorization of the City Council.

ANALYSIS:

The City has thirty-two (32) unclaimed checks of less than $15 in the aggregate amount of $308.54 related to Refund of overpayment of Business License or Recreation Activity Fees on classes offered by the Recreation and Community Services Department. All the funds listed in Exhibit A of the attached resolution are older than February 2024 and have remained unclaimed for more than one year. Consistent with SOP No. 26-1, staff recommends the City Council adopt a resolution authorizing the transfer of the unclaimed checks amount to the General Fund.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve the proposed recommendation to release Unclaimed Checks.

Pros: None
Cons: Compliance with the City of Milpitas’ Standard Operating Procedure (SOP) No. 26-1, which in turn conforms with California Government Code Section 50055.

Reason for Not Recommending: The transfer to the General Fund of the Unclaimed Checks which remain unclaimed for more than one year is in accordance with the City of Milpitas’ Standard Operating Procedure (SOP) No. 26-1, which conforms with California Government Code Section 50055.

FISCAL IMPACT:

The recommended action will increase General Fund revenues by $308.54 in FY24-25.

California Environmental Quality Act (CEQA):

The action being considered is exempt from environmental review pursuant to CEQA Guideline 15378(b)(4) as a governmental fiscal activity without a commitment to any project that would result in a potentially significant impact on the environment.

RECOMMENDATION:
(1) Adopt a resolution releasing Unclaimed Checks with a value less than $15 and (2) Transfer a total of $308.54 in Unclaimed Checks to the General Fund.

Attachment(s):
(a) Resolution
(b) Exhibit A – Finance Operation Accounts Unclaimed Checks of less than $15 and one year or older

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RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS

RELEASING UNCLAIMED CHECKS
WHEREAS, the checks on the list attached hereto as Exhibit A have been outstanding and unclaimed for more than one year; and
WHEREAS, the amounts on the checks on the list attached hereto as Exhibit A are each less than $15, or for an amount in which the depositor’s name is unknown.

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

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

2. The total amount of $308.54 of the unclaimed checks on the list attached hereto as Exhibit A shall be transferred to the General Fund in FY24-25, in accordance with Section 50055 of the California Government Code.

PASSED AND ADOPTED this on ______ day of ________, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:

Christopher Creech, Acting City Attorney

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Check No. Date Amount
409140 2/17/2023 $ 5.00
409101 2/17/2023 $ 6.25
409161 2/17/2023 $ 5.00
409211 2/24/2023 $ 6.00
409240 2/24/2023 $ 6.25
409615 3/10/2023 $ 13.75
410148 4/7/2023 $ 13.92
410706 5/12/2023 $ 8.50
410726 5/12/2023 $ 10.00
411062 5/26/2023 $ 13.00
412014 7/14/2023 $ 5.21
412457 7/28/2023 $ 10.50
412266 7/28/2023 $ 10.50
412416 7/28/2023 $ 10.50
412333 7/28/2023 $ 10.50
412289 7/28/2023 $ 10.50
412385 7/28/2023 $ 10.50
412296 7/28/2023 $ 10.50
412415 7/28/2023 $ 10.50
412699 8/11/2023 $ 6.40
412612 8/11/2023 $ 9.89
413310 9/15/2023 $ 10.37
413318 9/15/2023 $ 10.37
413251 9/15/2023 $ 10.37
413534 10/6/2023 $ 12.50
413552 10/6/2023 $ 10.00
413774 10/13/2023 $ 14.40
414006 10/27/2023 $ 8.12
414340 11/17/2023 $ 11.00
414916 1/5/2024 $ 8.50
415208 1/26/2024 $ 11.78
415383 2/9/2024 $ 7.96
TOTAL $ 308.54
Exhibit A

UNCLAIMED CHECKS
- Amount Less Than $15.00
- No Later than February 2024

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive and Approve the Calendar Year 2024 Controlled Equipment Annual Report (Staff Contact: Jared Hernanzez, Chief of Police, 408-586-2406) Category: Consent Calendar-Public Safety
Meeting Date: 4/15/2025
Recommendation: Receive and approve the Calendar Year 2024 Controlled Equipment Annual Report.

BACKGROUND:

On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481, requiring California law enforcement agencies to obtain approval of a Military Equipment Use Policy from their applicable governing body (City Council) before taking actions related to the funding, acquisition, or use of controlled equipment. Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of controlled equipment (Military Equipment) within its jurisdiction if the equipment meets specified standards.

The Controlled Equipment Use Policy and an Annual Controlled Equipment Use Report are subject to annual review to affirm the criteria outlined in Assembly Bill 481 have been met. In addition, Assembly Bill 481 requires the publication of the Controlled Equipment Use Policy and a Controlled Equipment Use report on the Department’s website annually and at least thirty (30) days before a mandated publicly available meeting.

California Government Code section 7072 requires an annual report within a year of the policy approval and annually after that for as long as the controlled equipment is in use. The annual report must contain the following information: (1) a summary of how the equipment was used and the purpose of its use; (2) a summary of any complaints or concerns from members of the public about the equipment; (3) the results of an internal audit, including any information about violations of the equipment use policy and any actions taken in response; (4) the total annual cost for each type of equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing expenses, and from what source funds will be provided for the controlled equipment in the calendar year following submission of the annual report; (5) the quantity possessed for each type of controlled equipment; and (6) if the law enforcement agency intends to acquire additional controlled equipment in the next year, and the quantity sought for each type of qualifying equipment.

ANALYSIS:

The Milpitas Police Department is committed to protecting lives and property by working with the Milpitas community and providing professional and responsive police services. To accomplish its mission effectively and safely, the Milpitas Police Department possesses and utilizes specific specialized equipment (controlled equipment) to safeguard the Milpitas community and protect the City’s first responders. While the City’s inventory of controlled equipment varies, the mere possession of this equipment does not warrant its use. The merits and the totality of the circumstances of each unique incident are considered before controlled equipment is utilized in compliance with department policy and law.

The term “military equipment,” as used in Assembly Bill 481, does not necessarily indicate that the equipment is or has been used by the military. Many items defined as “military equipment” by the bill are often used by law enforcement to preserve life and enhance public and officer safety while remaining prepared to handle the various lethal and non-lethal challenges facing our communities. The Milpitas Police Department’s use of controlled equipment is consistent with overall best practices employed by police departments nationwide.

Items used by the Milpitas Police Department that are considered controlled equipment under Assembly

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Bill 481 include, but are not limited to, emergency response equipment such as command vehicles and armored rescue vehicles, less lethal shotguns, less lethal 40mm projectile launchers, or precision weapons such as rifles, unmanned aircraft systems, and other select items.

The 2024 Annual Controlled Equipment Use Report contains a summary of the equipment usage guidelines, inventory, fiscal impact, complaints, and reported community concerns for calendar year 2024 (January 1, 2024, through December 31, 2024). Although controlled equipment was deployed during the year, it was rarely utilized. The Milpitas Police Department received no complaints from the community about its controlled equipment or policies related to its use. Furthermore, an internal audit of the controlled equipment revealed no policy violations for the storage or use of controlled equipment. The impact of controlled equipment-related expenses on the operating budget was negligible; the total annual costs related to controlled equipment for 2024 were approximately $32,063.34 or 0.077% of the Police Department’s overall operating budget.

The draft 2024 Annual Controlled Equipment Use Report was presented at the Public Safety & Emergency Preparedness Commission public meeting on March 20, 2025 by the Police Department liaison. The commission members did not respond with any questions/concerns related to the 2024 Annual Controlled Equipment Use Report nor the Controlled Equipment Use Policy. No members of the public commented on the item.

To continue providing adequate police services and maximize the department’s ability to keeping the community and officers safe, the Milpitas Police Department will procure the following controlled equipment, previously approved by Council, for calendar year 2025:
• Four (4) DJI Avata Unmanned Aircraft System (UAS) drones The continued access to and use of this equipment is vital in ensuring our officers have the appropriate tools to de-escalate situations, preserve life, ensure safety for all people in Milpitas, and protect civil liberties.

POLICY ALTERNATIVE(S):

Alternative 1: Do not accept and approve the 2024 Annual Controlled Equipment Use Report.

Pros: There are no identified benefits to this alternative.

Cons: The City would not be in compliance with California State Law Assembly Bill 481.

Reason for Not Recommending: The Milpitas Police Department use of controlled equipment is consistent with overall best practices employed by police departments nationwide and in line with department policy. Not accepting the report would not comply with annual reporting requirements of AB481.

FISCAL IMPACT:

There is no additional fiscal impact associated with accepting and approving the 2024 Annual Controlled Equipment Use Report.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action is continuing administrative or maintenance activity and is not a project pursuant to Cal. Code Regs., tit. 14, § 15378.

RECOMMENDATION:

Receive and approve the Calendar Year 2024 Controlled Equipment Annual Report.

ATTACHMENT(S):
(a) 2024 Controlled Equipment Annual Report
(b) PSEPC Draft Meeting Minutes 3.20.25

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0 Annual Report on Controlled Equipment Use 2024

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1 Annual Report on Controlled Equipment Use 2024
Table of Contents
Executive Summary ........................................................................................................ 2 Introduction ..................................................................................................................... 4 Summary of Controlled Equipment Usages .................................................................... 5 Current Inventory of Controlled Equipment ..................................................................... 6 Controlled Equipment Categories ................................................................................... 7 Unmanned Aerial Systems (UAS)................................................................................ 8 Robots ....................................................................................................................... 12 Armored Vehicle ........................................................................................................ 14 Mobile Incident Command Vehicle ............................................................................ 16 40 MM Less-Lethal Launchers and Munitions ........................................................... 18 Less-Lethal Shotgun and Munitions........................................................................... 24 Less-Lethal Pepperball Launcher and Munitions....................................................... 26 Diversionary Devices ................................................................................................. 31 Rifles, Munitions, and Accessories ............................................................................ 34 Chemical Agents and Smoke Canisters .................................................................... 43 Breaching Tools......................................................................................................... 48 Training Summary......................................................................................................... 53 Training Costs ............................................................................................................... 53 Fiscal Impact ................................................................................................................. 55 Projected Acquisitions for 2025..................................................................................... 56 Consumable Controlled Equipment ........................................................................... 56 Non-Consumable Controlled Equipment ................................................................... 57 Department Transparency............................................................................................. 58 Controlled Equipment Coordinator Report .................................................................... 59 Conclusion .................................................................................................................... 60 Appendix ....................................................................................................................... 61 Definitions.................................................................................................................. 61 Policy - Controlled Equipment (Military Equipment)................................................... 62

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2 Annual Report on Controlled Equipment Use 2024
Executive Summary
On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481 requiring California law enforcement agencies to obtain approval of a Military Equipment Use Policy by their applicable governing body (City Council) prior to taking certain actions related to the funding, acquisition, or use of controlled equipment.

Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of controlled equipment (“Military Equipment”) within its jurisdiction if the equipment meets specified standards. The Controlled Equipment Use Policy and an Annual Controlled Equipment Use Report is subject to annual review to affirm the criteria outlined in Assembly Bill 481 have been met.

Assembly Bill 481 requires the publication of the Controlled Equipment Use Policy and a Controlled Equipment Use Report on the Department’s website annually and at least thirty (30) days prior to a mandated publicly available meeting.

California Government Code section 7072 requires an annual report within a year of the policy approval and annually after that for as long as the controlled equipment is in use.

The annual report must contain the following information:
(1) A summary of how the equipment was used and the purpose of its use. (2) A summary of any complaints or concerns from members of the public about the equipment.
(3) The results of an internal audit, including any information about violations of the equipment use policy, and any actions taken in response. (4) The total annual cost for each type of equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing expenses; and from what source funds will be provided for the controlled equipment in the calendar year following submission of the annual report. (5) The quantity possessed for each type of controlled equipment. (6) If the law enforcement agency intends to acquire additional controlled equipment in the next year, and the quantity sought for each type of qualifying equipment.

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3 Annual Report on Controlled Equipment Use 2024
The Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the annual report, the law enforcement agency’s funding, acquisition, and/or the use of the controlled equipment.

The Milpitas Police Department recognizes the public’s ongoing interest in how controlled equipment is used to protect our community and is committed to maintaining our community’s trust in providing professional and responsive police services. As such, the Milpitas Police Department has authored the following comprehensive Annual Controlled Equipment Use Report to remain transparent with our community and in accordance with annual reporting requirements set forth by applicable California Law.

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4 Annual Report on Controlled Equipment Use 2024
Introduction
The Milpitas Police Department is committed to the protection of lives and property by working with our community and providing professional and responsive police services.

To accomplish our mission effectively and safely, the Milpitas Police Department possesses and utilizes certain specialized equipment (controlled equipment) to safeguard the citizens of Milpitas and protect our first responders. While our inventory of controlled equipment varies, the mere possession of this equipment does not warrant its use. The merits and a totality of the circumstances of each unique incident are considered before controlled equipment is utilized in compliance with department policy and law.

The term “military equipment,” as used in Assembly Bill 481, does not necessarily indicate the equipment is, or has been used, by the military. Many items defined as “military equipment” by the bill are more often used by law enforcement to preserve life and enhance public and officer safety while remaining prepared to handle the various lethal and non-lethal challenges facing our communities. The Milpitas Police Department’s use of controlled equipment is consistent with overall best practices employed by police departments throughout the country.

Items used by the Milpitas Police Department that are considered controlled equipment under Assembly Bill 481 include, but are not limited to, emergency response equipment such as command vehicles and armored rescue vehicles, less lethal shotguns, less-lethal 40mm projectile launchers, precision weapons such as rifles, unmanned aircraft systems, and other select items. The continued access to, and use of, this equipment is vital in ensuring our officers have the appropriate tools necessary to de-escalate situations, preserve life, ensure safety for all people, and protect civil liberties.

This Annual Controlled Equipment Use Report outlines a summary of the equipment usage guidelines, inventory, fiscal impact, complaints, and reported community concerns for calendar year 2024 (January 1, 2024, through December 31, 2024).

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5 Annual Report on Controlled Equipment Use 2024
Summary of Controlled Equipment Usages
The Milpitas Police Department provides law enforcement services twenty-four hours a day, seven days a week, serving a city population of over 81,000. The daytime population of Milpitas increases to over 98,000 people. The Department is committed to deescalating situations, and using force is reserved for instances where less intrusive options are not feasible. In 2024, the Milpitas Police Department responded to approximately 66,953 calls for service. Of those calls for service, officers used force on only 11 occasions, representing 0.016% of the total calls for service. Officers used controlled equipment in 2 cases involving the use of force, specifically less lethal 40mm projectile rounds (i.e. impact sponge round, bean bag, etc.).

Police events and critical incidents are unpredictable and often very dynamic. The availability and use of specific equipment are necessary for incident commanders, officers, and specialized units to resolve incidents safely and effectively. It is incumbent upon incident commanders, supervisors, individual officers, and specialized teams to recognize the circumstances wherein specialized equipment should be deployed and to utilize the equipment within the confines of department policy and state law. Each use of controlled equipment is reviewed to ensure it was used properly and justly based on the totality of the circumstances, public safety, officer safety, civil rights, state law, and information available at the time of use.

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6 Annual Report on Controlled Equipment Use 2024
Current Inventory of Controlled Equipment
The Milpitas Police Department is committed to remaining transparent about the Department’s controlled equipment inventory and the sharing of the equipment’s capabilities, uses, and other related information with our community and elected officials.

The data provided in this report is accurate as of January 2025, however, inventory may have fluctuated by the time of this report’s publication.

The inventory of controlled equipment, particularly consumable material (ammunition, diversionary devices, munitions, etc.) may fluctuate due to a variety of factors including but not limited to operational usage, operational deterioration, training, maintenance, expiration and replenishment guidelines.

The following is a list of the various types, descriptions, and guidelines for usage of controlled equipment currently employed by the Department:
(*NOTE: The descriptions and source photos contained in this report are for controlled equipment descriptive purposes only and are not an endorsement by the City of Milpitas or the Milpitas Police Department of a product or vendor.)

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7 Annual Report on Controlled Equipment Use 2024
Controlled Equipment Categories
Assembly Bill 481 created Government Code 7070 which designated 15 categories of items deemed “military” or more accurately defined as controlled equipment:
* Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles * Category 2: Mine-resistant ambush-protected vehicles or armored personnel carriers
* Category 3: High mobility multipurpose wheeled vehicles (HMMWV), two-andone-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached
Category 4: Tracked armored vehicles that provide ballistic protection to their occupants
* Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units Category 6: Weaponized aircraft, vessels, or vehicles of any kind * Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature
Category 8: Firearms of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition
Category 9 Ammunition of .50 caliber or greater, excluding standard-issue shotgun ammunition
* Category 10: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns
* Category 11: Any firearm or firearm accessory that is designed to launch explosive projectiles
* Category 12: Noise-flash diversionary devices and explosive breaching tools, munitions containing tear gas and pepper balls, excluding standard, service issued handheld pepper spray.

Category 13: TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices
* Category 14: Kinetic energy weapons and munitions
Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight
* Indicates a category of controlled equipment previously approved by the governing body and utilized by the Milpitas Police Department.

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8 Annual Report on Controlled Equipment Use 2024
Unmanned Aerial Systems (UAS) (Category 1)
An unmanned aerial system of any type that can sustain direct flight, whether remotely controlled or via pre-programing, and all the attached systems are designed for gathering information via photography, recording, or any other means.

Capability: The Milpitas Police Department uses UAS of varying sizes and capabilities to enhance public safety. The UAS can be deployed when an overhead view would assist officers or incident commanders with planning and responding to a situation. Types of situations include but are not limited to, infrastructure damage assessments, major traffic collision investigations, search for missing persons, natural disaster management, crime scene photography, SWAT, tactical or other public safety and life-preservation missions, and/or in response to specific requests from local, State, or Federal fire authorities for fire response and/or prevention. All UAS used by the Department is used in compliance with all federal, state, and local laws.

Usage: Use is established under Milpitas Policy Manual Section 456 and FAA Regulation 14 CFR Part 107. It is the policy of the Milpitas Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. UAS usages include collection of evidence in the form of aerial photography/video in support of an investigation (i.e., shooting scenes, homicide scenes); support of SWAT and Patrol during high-risk, tactical, or other public safety life preservation missions (i.e., interior visual assessments of structures or outdoor areas to gain intelligence prior to officers entering a dwelling or contacting a potentially armed or a resistive subject that may be hiding); to conduct aerial searches for missing persons; and provide aerial observation to assist in managing natural disasters (i.e., fires, floods, storms) or in any other manner to preserve life and enhance public safety. In 2024, the Milpitas Police Department conducted 287 UAS flights. Of these, 157 were related to criminal investigations or incidents, 71 supported non-criminal activities, such as demonstrations/teen academies, and 59 were used for training purposes.

Training Requirements: All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. Although not required by POST or the FAA, officers attend a 20-hour internal training course. Course topics include nomenclature, proper and safe flying techniques, privacy concerns, laws, and review of the Department’s UAS policy.

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9 Annual Report on Controlled Equipment Use 2024
The Department currently utilizes the following UAS:

DJI Mavic Mini
Manufacturer: DJI
Manufacturer Description: Miniature UAS that weighs approximately 249 grams and can record video and audio with approximately 30 minutes of flight time. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator.

DJI Mavic Enterprise Duals
Manufacturer: DJI
Manufacturer Description: UAS that has a color and infrared camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approx. 30 minutes of flight time. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator.

Cost $500 each
Quantity 2
Lifespan 3-5 Years
Funding Source Grant Funding
Cost $3,500 each
Quantity 4
Lifespan 3-5 Years
Funding Source Grant Funding

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10 Annual Report on Controlled Equipment Use 2024
DJI Matrice 210 V2
Manufacturer: DJI
Manufacturer Description: UAS that has a color and infrared camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approx. 30 minutes of flight time. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator.

DJI Matrice 300 RTK
Manufacturer: DJI
Manufacturer Description: UAS that is foul weather capable and has dual gimbal, has an IR camera, zoom camera and light. Has video recording capabilities and is approx. 14 pounds. Has 55 minutes of flight time. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator.

Cost $10,410
Quantity 1
Lifespan 3-5 Years
Funding Source Grant Funding
Cost $11,349
Quantity 1
Lifespan 3-5 Years
Funding Source Grant Funding

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11 Annual Report on Controlled Equipment Use 2024
DJI Matrice 30 Series
Manufacturer: DJI
Manufacturer Description: UAS that is an all-weather drone and integrates multiple high-performance sensors into a light weight and portable body. This is a remotely operated battery-powered aircraft designed to be operated within sight of operator or a spotter. Each aircraft is equipped with digital video streaming technology capable of relaying a real-time image back to the operator, and obstacle detection sensors. This UAS weighs 3770g and has a maximum flight time of 41 minutes.

Autel Robotics EVO II Dual 640 - Refurbished
Manufacturer: Autel Robotics
Manufacturer Description: The EVO II Dual has about 32-34 minutes of flight time per battery. The Orange color of the Dual is great for functionality and ease of operation and is easier to see in the sky. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator.

Cost $13,198
Quantity 1
Lifespan 3-5 Years
Funding Source Grant Funding
Cost $0
Quantity 1
Lifespan 3-5 Years
Funding Source N/A

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12 Annual Report on Controlled Equipment Use 2024
Robots (Category 1)
A machine that is capable of being controlled remotely and can be deployed in-lieu of a human to gather visual and auditory intelligence, as well as conduct limited physical manipulation of items.

Capability: Robots can be used to reduce risk to human life in dangerous or potentially volatile situations. They are also used in tactical support of special operations and can be used to acquire visual/audio intelligence, deliver de-escalation tools such as a Crisis Negotiation Team phone, open doors, and clear buildings without risk to human life.

Usage: It is the policy of the Milpitas Police Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. Use is authorized by the Division Captain or designee.

Training Requirements: Only assigned operators who have completed the in-house required training shall be permitted to operate the robots. Training topics include nomenclature, operation techniques, and practical exercises.

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13 Annual Report on Controlled Equipment Use 2024
The Department currently utilizes the following Robots:

Robotex Avatar II
Manufacturer: Robotex
Manufacturer Description: The AVATAR II enables law enforcement to remotely inspect dangerous situations and gather video and audio intelligence, including direct-to-unit video and audio recording, a touchscreen display, increased durability, and secure Wi-Fi networking. With these capabilities’ officers will be better equipped to remotely gather intelligence and keep themselves and their teams safe from harm.

ICOR Mini Caliber
Manufacturer: ICOR
Manufacturer Description: The Mini Caliber is a lightweight, modular portable robot designed for rapid deployment, it is simple to operate and quick to deploy for searching rooms, hallways, stairwells, and confined spaces. It also includes an extendible rotating claw arm that simplifies opening door handles, providing protection and safety to their operators.

Cost $19,406
Quantity 1
Lifespan 8-10 Years
Funding Source Grant Funding
Cost $48,500
Quantity 1
Lifespan 8-10 Years
Funding Source General Funds

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14 Annual Report on Controlled Equipment Use 2024
Armored Vehicle (Categories 2 & 3)
Commercially produced 4-wheel drive vehicle designed for law enforcement that provides protection against bullets, shell fragments, and other projectiles.

Capability: The Medevac is primarily used by the Special Weapons and Tactics Team (SWAT) to safely transport personnel to and from critical incidents, extract citizens from volatile situations, high-risk rescue operations, training, provide emergency medical staff and/or Tactical Emergency Medicine (TEM) personnel a safe working environment, and to delivering equipment in high-risk environments. The Medevac can also be used to conduct rescue missions during disasters. Additionally, the vehicle is utilized for community engagement efforts and other applications deemed appropriate.

Usage: Use is established under Milpitas Policy Manual Section 707. It is the policy of the Department to utilize the armored vehicle only for official law enforcement purposes, and pursuant to State and Federal law.

Training Requirements: All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving techniques. POST certified driving instructors provide training consisting of safe driving practices and proper operation of the vehicle’s equipment.

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15 Annual Report on Controlled Equipment Use 2024
The Department currently utilizes the following Armored Vehicle:
2018 LENCO Bearcat MEDEVAC, G2
Manufacturer: LENCO
Manufacturer Description: The Lenco BearCat Medevac, also known as the MedCat, was designed to meet the combined requirements of SWAT & Tactical Emergency Medical Service Teams. The Medevac can be used as an armored Response & Rescue SWAT truck for dangerous callouts and is equipped to provide Tactical EMS with a safe & effective environment to deal with trauma cases. It seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.

Cost $388,800
Quantity 1
Lifespan 25 Years
Funding Source Capital Improvement

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16 Annual Report on Controlled Equipment Use 2024
Mobile Incident Command Vehicle (Category 5)
A completely self-contained command post designed to provide shelter, access to department computers, and restroom facilities for extended events. This vehicle can also be used to manage/facilitate pre-planned or significant events, which require on-site planning and incident command personnel.

Capability: As a mobile base of operation, this vehicle contains specialized command, control, and communications equipment that can be used during critical incidents, large events, natural disasters, and community events. The replacement command vehicle (anticipated delivery February 2024) will be equipped to function as a fully operational mobile Public Safety Answering Point (PSAP) and will serve as a backup to the existing Dispatch Center in the Police Department.

Usage: The command vehicle shall be used by trained personnel in a manner consistent with Department policy and training. Furthermore, only personnel who have completed the Departmental Training and who are properly licensed will be allowed to drive the command vehicle.

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17 Annual Report on Controlled Equipment Use 2024
The Department currently operates the following MIC’s:

Mobile Incident Command Vehicle
Manufacturer: LDV, Inc.

Manufacturer Description: The Mobile Emergency Operations Center (MEOC) will be a fully functioning Mobile Public Safety Answering Point (PSAP) and serve as a backup to our existing Dispatch Center. The MEOC will also be a shared asset used by the Police and Fire Departments during critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. This vehicle was delivered in February 2024.

Cost $1,250,000
Quantity 1
Lifespan 25 Years (Chassis)
6 Years (IT Systems)
Funding Source Capital Improvement
Grant, ARPA

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18 Annual Report on Controlled Equipment Use 2024
40 MM Less-Lethal Launchers and Munitions (Categories 11, 12, & 14) A single-shot impact launcher capable of firing an array of less-lethal 40mm rounds.

Capability: De-escalate situations using less-lethal force and gain compliance from a safe distance. 40MM Less-Lethal Launchers have an effect range of up to 20 yards.

Usage: The 40mm less-lethal launcher may be deployed to gain compliance or deescalate conflicts to help prevent a situation from becoming a lethal force situation. The system’s effectiveness provides time and distance between officers and a suspect, reducing the immediacy of the threat and allows opportunity for further de-escalation. This system can be used to address self-destructive/suicidal, dangerous, and/or combative individuals; to gain a tactical advantage from a distance (i.e., breaking a window to get an unobstructed view of an individual or disabling a security camera); against potentially vicious animals; and for riot/crowd control and/or civil unrest incidents where the use of the 40mm is objectively reasonable.

Training Requirements: Sworn members utilizing 40MM less-lethal chemical agents or impact rounds are trained in their use by POST-Certified less-lethal chemical agent’s instructors. Training includes a review of the Departments Use of Force Policy, nomenclature, familiarization of the system and a qualification course.

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19 Annual Report on Controlled Equipment Use 2024
The Department utilizes the following 40 MM Less-Lethal Launcher and Munitions:

Defense Technologies 40 MM Single Shot Launcher #1425
Manufacturer: Defense Technology
Manufacturer Description: The 40MM Single Launcher is a tactical single-shot launcher that features an adjustable Integrated Front Grip (IFG) with a rail-mounted holographic sight. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by trained personnel.

The Department currently possesses the following 40mm munitions:

Defense Technology 40mm Exact Impact Sponge Round #6325 Manufacturer: Defense Technology
Manufacturer Description: A less-lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.

Cost $810 each
Quantity 6
Lifespan 25 Years
Funding Source General Funds
Cost $18 each
Quantity 0 of 20
Lifespan 5 Years
Funding Source General Funds

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Defense Technology 40MM Direct Impact Marking Round #6326 Manufacturer: Defense Technology
Manufacturer Description: A less-lethal 40MM lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40mm launcher with a rifled barrel at 295 FPS. The green foam nose indicates that the round contains a marking agent.

Defense Technology 40MM Direct Impact Reloadable Training Kit #6530 Manufacturer: Defense Technology
Manufacturer Description: The 250-piece Direct Impact Reloadable Training Kit allows realistic training to be conducted at a fraction of the cost of using operational rounds.

These reusable projectiles can be reloaded by hand in the field in less than 10 seconds without the need for presses or other reloading equipment. These rounds are not for use on humans.

Cost $30 each
Quantity 7 of 7
Lifespan 5 Years
Funding Source General Funds
Cost $1300 each
Quantity 1
Lifespan No Expiration
Funding Source General Funds

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Defense Technology Spede-Heat 40MM Long Range, CS, Round #6182 Manufacturer: Defense Technology
Manufacturer Description: The SPEDE-HEAT CS Long-Range Munitions delivers one chemical canister of CS agent from a 40 mm launcher down range up to 150 yards. The Spede-Heat is a pyrotechnic round designed specifically for outdoor use in riot situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds from a single source. The Spede-Heat family may be used to conceal tactical movement.

Defense Technology Ferret 40MM Powder Barricade Round CS #1292 Manufacturer: Defense Technology
Manufacturer Description: A less lethal 40MM round used to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects.

Cost $30 each
Quantity 40 of 40
Lifespan 5 Years
Funding Source General Funds
Cost $30 each
Quantity 43
Lifespan 5 Years
Funding Source General Funds

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Defense Technology Ferret 40MM Powder Barricade Training Round Inert #1293 Manufacturer: Defense Technology
Manufacturer Description: An inert training less lethal 40MM round used to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers an inert payload inside of a structure or vehicle. The 40mm inert Ferret round is primarily used to train personnel in the proper use of its deployment.

Defense Technology Ferret 40MM Liquid Barricade Training Round Inert #1263 Manufacturer: Defense Technology
Manufacturer Description: A less-lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose-built 40mm launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.

Cost $23 each
Quantity 14
Lifespan 5 Years
Funding Source General Funds
Cost $23 each
Quantity 15
Lifespan 5 Years
Funding Source General Funds

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Combined Systems Inc. 40MM Sponge, Smokeless Spin Stabilized Round #4577 Manufacturer: Combined Systems Inc.

Manufacturer Description: A spin-stabilized projectile delivering blunt trauma effect.

Although it is extremely accurate and consistent, accuracy is dependent on the launcher.

Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. Its purpose is to minimize the risks to all parties through pain compliance and/or incapacitation of potentially violent or dangerous subjects.

Cost $30 each
Quantity 1174
Lifespan 5 Years
Funding Source General Funds

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Less-Lethal Shotgun and Munitions (Categories 10 & 14)
The less-lethal shotgun is a standard Remington Model 870, 12-gauge shotgun that has been converted to fire bean bag rounds as an alternative to lethal force when appropriate.

The less-lethal shotgun has a distinctive, orange-colored stock and foregrip to distinguish it from lethal weapons.

Capability: The less-lethal shotgun can fire a 12-gauge Super-Sock Bean Bag Round with a maximum effective range of seventy-five (75) feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat, which is a principle of de-escalation.

Usage: The less-lethal shotguns can be deployed to de-escalate conflict and reduce the need for lethal force. The system’s effectiveness allows time and distance between officers and a suspect, reducing the immediacy of the threat and allows opportunity for further de-escalation. This system can be used to address self-destructive/suicidal, dangerous, and/or combative individuals, to gain a tactical advantage from a distance (i.e., breaking a window to get an unobstructed view of an individual or disabling a security camera), against potentially vicious animals, riot/crowd control and/or civil unrest incidents where the use of the 40mm is objectively reasonable.

Training Requirements: All officers must successfully complete a minimum of two hours of department training before they can deploy the less lethal shotgun. Training includes a review of the Departments Use of Force Policy, nomenclature, familiarization of the system, and a qualification course.

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25 Annual Report on Controlled Equipment Use 2024
The Department possesses the following Less Lethal Shotguns and Munitions:

Remington 870 Less Lethal 12 Gauge Shotgun
Manufacturer: Remington
Manufacturer Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.

Combined Systems Inc. Super-Sock Bean Bag Round #2581
Manufacturer: Combined Systems Inc.

Manufacturer Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target.

Cost $946 each
Quantity 35
Lifespan 25 Years
Funding Source General Funds
Cost $32/ Box
Quantity 112 of 150 Boxes
Lifespan No Expiration
Funding Source General Funds

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Less-Lethal Pepperball Launcher and Munitions (Categories 12 & 14) The Pepperball VKS Launcher is a semi-automatic less-lethal launcher designed to provide officers with an alternative to lethal force when appropriate. The less-lethal Pepperball launcher has a distinctive, yellow-colored stock and magazine to distinguish it from lethal weapons.

Capability: The Pepperball VKS Launcher fires .68-caliber projectiles with irritant powder, with a maximum effective range of 150 feet. It offers both single-shot and semiautomatic firing modes, giving the flexibility to choose between precision and rapid deployment. The range of the weapon system helps to maintain space between officers and a suspect, reducing the immediacy of the threat, which is a principle of de-escalation.

Usage: The Pepperball VKS Launcher can be deployed to de-escalate conflict and reduce the need for lethal force. The system’s effectiveness allows time and distance between officers and a suspect, reducing the immediacy of the threat and allows opportunity for further de-escalation. This system can be used to address selfdestructive/suicidal, dangerous, and/or combative individuals, to gain a tactical advantage from a distance (i.e., breaking a window to get an unobstructed view of an individual or disabling a security camera.), against potentially vicious animals, riot/crowd control and/or civil unrest incidents where the use of the Pepperball VKS Launcher is objectively reasonable.

Training Requirements: All officers must successfully complete a minimum of eight hours of department training before they can deploy the Pepperball VKS. Training includes a review of the Department’s Use of Force Policy, nomenclature, familiarization of the system, and a qualification course.

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27 Annual Report on Controlled Equipment Use 2024
The Department utilizes the following Pepperball Launcher and Munitions:

Pepperball VKS Pro Launcher
Manufacturer: Pepperball
Manufacturer Description: The Pepperball VKS is a long-range, semi-automatic nonlethal launcher designed for law enforcement use. It is capable of firing projectiles and VXR (Variable Kinetic Rounds, which include impact, marking, and illuminating rounds.

The VKS offers variable kinetic impact, meaning it can adjust the force of impact based on the situation, proving a versatile tool for non-lethal applications.

Pepperball EL-2 Electronic Hopper
Manufacturer: Pepperball
Manufacturer Description: The Pepperball EL-2 Hopper is a 160-round electric feed hopper for use with the Pepperball VKS platforms. This ultra durable and lightweight hopper feeds 20+ PPS (Projectiles Per Second), making it ideal for dynamic law enforcement scenarios. The hopper’s electronic feed system prevents malfunctions and supports rapid fire capability, ensuring uninterrupted performance when used.

Cost $1375 each
Quantity 4
Lifespan No Listed Expiration
Funding Source Grant Funding
Cost $650 each
Quantity 4
Lifespan No Listed Expiration
Funding Source Grant Funding

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Pepperball Glass Breaking Round
Manufacturer: Pepperball
Manufacturer Description: The Pepperball Glass Breaking Round is a specialized projectile designed to shatter tempered glass, such as vehicle windows or barriers, providing officers with enhanced tactical capabilities. Constructed with a durable ceramic tip, this round enables precise and effective breaching while maintaining a safe distance.

Ideal for gaining unobstructed views, accessing confined spaces, or disrupting hostile environments.

Pepperball VXR Inert Round
Manufacturer: Pepperball
Manufacturer Description: The Pepperball VXR Inert Round is a .68 caliber, extended range projectile designed for training and scenario-based exercises. Filled with a harmless, non-irritant powder, it allows officers to practice accurate deployment and tactical techniques in safe, controlled environment. With a maximum range of up to 150 feet, the VXR Inert Round mimics the performance of live Pepperball rounds, ensuring realistic training without the use of irritants.

Cost $270/Case
Quantity 100
Lifespan No Listed Expiration
Funding Source Grant Funding
Cost $236/Case
Quantity 100
Lifespan No Listed Expiration
Funding Source Grant Funding

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Pepperball Round Inert Training Round
Manufacturer: Pepperball
Manufacturer Description: The Pepperball Inert Training Round is a .68-caliber projectile filled with a non-irritant, inert powder, designed specifically for training purposes.

It allows officers to practice marksmanship, handling, and tactical scenarios safely and effectively. The round closely replicates the weight and trajectory of live Pepperball projectiles, ensuring realistic training sessions while eliminating exposure to irritants. Ideal for both indoor and outdoor training environments.

Pepperball VXR Live-x OC Powder
Manufacturer: Pepperball
Manufacturer Description: The Pepperball VXR Live-X Round is a .68-caliber, extended-range projectile containing a highly concentrated OC (Oleoresin Capsicum) powder, delivering maximum irritant impact. With a range of up to 150 feet, the VXR LiveX Round is ideal for long-distance engagement, effectively incapacitating aggressive individuals by causing intense discomfort to the eyes, respiratory system, and skin. It is a powerful tool for controlling dangerous situations while maintaining officer safety and creating opportunities for de-escalation.

Cost $657/Case
Quantity 750
Lifespan No Listed Expiration
Funding Source Grant Funding
Cost $213/Case
Quantity 50
Lifespan No Listed Expiration
Funding Source Grant Funding

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Pepperball Round Live X OC Powder
Manufacturer: Pepperball
Manufacturer Description: The Pepperball Live-X Round is a .68-caliber projectile containing a potent OC (Oleoresin Capsicum) powder, designed for close-to-mid-range engagement. Upon impact, it disperses a powerful irritant that causes intense eye, skin, and respiratory discomfort, effectively incapacitating aggressive individuals. This round is an essential tool for safely managing high-risk situations, providing officers with a nonlethal option for controlling threats and de-escalating conflicts.

Pepperball VXR Blue Ink
Manufacturer: Pepperball
Manufacturer Description: The VXR Blue Ink Pepperball is a non-lethal projectile designed for use in less-lethal force situations. It combines a pepper irritant with a visible blue dye to mark targets, aiding in identification and providing an effective deterrent. Upon impact, the Pepperball releases an irritant that causes temporary discomfort, such as burning or irritation to the skin and eyes, while the blue dye marks the individual for easier tracking and identification. This tool is often used in law enforcement to subdue suspects without causing permanent harm.

Cost $255/Case
Quantity 90
Lifespan No Listed Expiration
Funding Source Grant Funding
Cost $165/Case
Quantity 50
Lifespan No Listed Expiration
Funding Source Grant Funding

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Diversionary Devices (Category 12)
A handheld device that can be deployed to emit a flash, sound, and/or smoke.

Capability: To produce atmospheric overpressure and brilliant white light that can cause short-term (6 to 8 seconds) physiological/psychological, sensory deprivation to give officers a tactical advantage. A diversionary device is ideal for distracting dangerous suspects during apprehensions, hostage rescues, room entry, or other high-risk arrest situations.

Usage: Diversionary devices shall only be used by officers who have been trained in the proper use. These devices can be deployed in hostage and barricaded subject situations; in high-risk (search/arrest) warrant services where there may be hazards to officers; during other high-risk situations where the use would be advantageous in preserving life and/or increase officer safety; and during training exercises.

Training Requirements: Prior to using this equipment, officers must attend diversionary device training. Training is provided by POST certified instructors in the safe handling, deployment, and documentation of the use of this equipment.

Note: Some orders of Diversionary Devices can only be ordered in minimum quantities. As a result, some inventories may occasionally exceed needed amounts.

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The Department currently possesses the following Diversionary Devices:

Combined Tactical Systems Inc. #7290-2 Noise Flash Device Manufacturer: Combined Systems Inc.

Manufacturer Description: A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intensely bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations.

Combined Tactical Systems Inc. #7290-9 Noise Flash Device Multi Burst Manufacturer: Combined Systems Inc.

Manufacturer Description: A multi-bang, non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intensely bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations.

Cost $52 each
Quantity 10 of 24
Lifespan No Expiration
Funding Source General Funds
Cost $60 each
Quantity 6 of 6
Lifespan No Expiration
Funding Source General Funds

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Defense Technology #8902 Noise Flash Device Low Role
Manufacturer: Defense Technology
Manufacturer Description: A non-bursting, limited movement and rolling, nonfragmenting device that produces a thunderous bang with an intensely bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations.

Cost $55 each
Quantity 0 of 24
Lifespan No Expiration
Funding Source General Funds

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Rifles, Munitions, and Accessories (Category 10 & 11)
The rifle is a long-barreled firearm designed for greater accuracy over a long distance.

Capability: The rifle provides officers the ability to engage hostile suspects from distances far greater than their handguns. The standard issued rifles can have an effective range of 600 yards and offer increased accuracy over a handgun. However, rifles are not appropriate for every situation.

Usage: Officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to, the following:
a) Situations where the officer reasonably anticipates an armed encounter. b) When an officer is faced with a situation that may require the delivery of accurate and effective shot placement at long range.
c) Situations where an officer reasonably expects the need to meet or exceed a suspect's weaponry.
d) When an officer reasonably believes there may be a need to deliver accurate shot placement on a barricaded suspect or a suspect with a hostage. e) When an officer reasonably believes a suspect may be wearing body armor. f) When needed to euthanize an animal.

Training Requirements: Prior to deploying a rifle, officers must successfully complete a 16-hour POST approved training course. The course is taught by POST certified instructors. Officers are required to pass a qualification course annually.

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35 Annual Report on Controlled Equipment Use 2024
The Department currently possesses the following rifles:

Colt Tactical Carbine Model AR-15A3
Manufacturer: Colt
Manufacturer Description: A rifle that fires an intermediate-power cartridge (.223) which is more powerful than a standard pistol but less powerful than a standard rifle. Rifle and has a 16" barrel. The magazine holds 30 rounds of ammunition, and the rifle has a collapsible stock. The carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.

Colt Tactical Carbine Model M16
Manufacturer: Colt
Manufacturer Description: A rifle that fires an intermediate-power cartridge (.223) which is more powerful than a standard pistol but less powerful than a standard rifle. Rifle and has a 16" barrel. The magazine holds 30 rounds of ammunition, and the rifle has a collapsible stock. The carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.

Cost $800 each
Quantity 100
Lifespan No Expiration
Funding Source General Funds
Cost $800 each
Quantity 4
Lifespan No Expiration
Funding Source General Funds

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Sionics Weapons Systems Model Short Barrel Rifle (SBR) LE Manufacturer: Sionics Weapons Systems
Manufacturer Description: A rifle that fires an intermediate-power cartridge (.223) which is more powerful than a standard pistol but less powerful than a standard rifle. Rifle and has a 16" barrel. The magazine holds 30 rounds of ammunition, and the rifle has a collapsible stock. The carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.

Heckler and Koch Model MP5A3
Manufacturer: Heckler and Koch
Manufacturer Description: A submachine gun chambered in 9mm it is universally applicable making it useable in all areas and under all conditions. The magazine holds 30 rounds of ammunition and allows officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Used by the Special Weapons and Tactics Team.

Cost $1500 each
Quantity 15
Lifespan No Expiration
Funding Source General & Grant
Funding
Cost $1000 each
Quantity 7
Lifespan No Expiration
Funding Source General Funds

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37 Annual Report on Controlled Equipment Use 2024
Remington Model 700 P Bolt Action Rifle
Manufacturer: Remington
Manufacturer Description: A semi-automatic shoulder-fired rifle with precision optics that fires a .308 Winchester cartridge. The .308 rifle provides SWAT Snipers the ability to engage hostile suspects at great distances with accuracy. The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.

Remington Model 700 SPS Bolt Action Rifle
Manufacturer: Remington
Manufacturer Description: A semi-automatic shoulder-fired rifle with precision optics that fires a .308 Winchester cartridge. The .308 rifle provides SWAT Snipers the ability to engage hostile suspects at great distances with accuracy. The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.

Cost $0 each
Quantity 3
Lifespan No Expiration
Funding Source Donation
Cost $0
Quantity 1
Lifespan No Expiration
Funding Source Personal Rifle

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Remington Model 700 PSS Bolt Action Rifle
Manufacturer: Remington
Manufacturer Description: A semi-automatic shoulder-fired rifle with precision optics that fires a .308 Winchester cartridge. The .308 rifle provides SWAT Snipers the ability to engage hostile suspects at great distances with accuracy. The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.

Ruger Precision Rifle Model 18028 Bolt Action Rifle
Manufacturer: Ruger
Manufacturer Description: A semi-automatic shoulder-fired rifle with precision optics that fires a .308 Winchester cartridge. The .308 rifle provides SWAT Snipers the ability to engage hostile suspects at great distances with accuracy. The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.

Cost $0
Quantity 1
Lifespan No Expiration
Funding Source Personal Rifle
Cost $0
Quantity 1
Lifespan No Expiration
Funding Source Personal Rifle

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39 Annual Report on Controlled Equipment Use 2024
Masterpiece Arms, Model PMR Pro .308 Rifle
Manufacturer: Masterpiece Arms
Manufacturer Description: A semi-automatic shoulder-fired rifle with precision optics that fires a .308 cartridge. The rifle provides SWAT Snipers the ability to engage hostile suspects at great distances with accuracy. The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.

Colt M16A1 Rifle
Manufacturer: Colt
Manufacturer Description: Received from the military and converted to semi-automatic AR-15. (4) are currently in use in the Traffic Safety Unit. The traffic safety unit utilizes converted rifles to enhance the tactical capabilities when on their motorcycles to augment their service pistols when needed. (7) are in use by the Honor Guard for ceremonial display. Honor Guard members are sworn peace officers who have been specially chosen from all divisions of the department. Duties include providing funeral honors for officers who have been killed in the line of duty or other ceremonial duties as assigned. (4) are currently not in use.

Cost $0
Quantity 1
Lifespan No Expiration
Funding Source Personal Rifle
Cost $0 each
Quantity 15
Lifespan No Expiration
Funding Source 1033/ LESO Program

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Ti-Fighter 5.56mm Thread On Suppressor
Manufacturer: Ti-Fighter
Manufacturer Description: TI-Fighter 5.56 Thread On Suppressors are an attachment to the entry rifles used by the Department’s SWAT team. The benefits of suppressors include noise reduction, reduced muzzle flash, reduced recoil, increased accuracy, and minimization of concussion impact. The suppressors are also capable of bringing rifle fire into approved OSHA standards.

The Department currently possesses the following rifle munitions:

Federal Gold Medal .223 55 Grain (GR) Rifle Round (Training) Manufacturer: Federal
Manufacturer Description: Federal 223 Remington ammo features a lead core 55 Grain Full Metal Jacket bullet that is nonmagnetic, non-corrosive boxer primer and new virgin brass casing that can be reloaded up to seven times for those high volume 223 ammo shooters that love to reload their 223 Remington ammunition. The Federal American Eagle 223BL ammo offers muzzle velocity of 3240 feet per second and muzzle energy of 1282 ft lbs.

Cost $1,195 Each
Quantity 15
Lifespan No Expiration
Funding Source Grant Funding
Cost $236/ Case
Quantity 19 of 150 Cases
Lifespan No Expiration
Funding Source General Fund

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41 Annual Report on Controlled Equipment Use 2024
Hornady 9MM Critical Duty 135 GR
Manufacturer: Hornady
Manufacturer Description: This law enforcement cartridge offers match accuracy with a high ballistic coefficient providing superior long-range performance. The patented design eliminates clogging and aids in bullet expansion. A large mechanical jacket to core band works to keep the bullet and core from separating for maximum weight retention, excellent expansion, consistent penetration, and terminal performance through all FBI tactical handgun ammunition tests. The bright nickel-plated case simplifies chamber checks in reduced light and is loaded with low flash propellant to help preserve night vision in low light firing.

Hornady .223 55GR Tap Urban Rifle Round (Duty)
Manufacturer: Hornady
Manufacturer Description: Federal 223 Remington ammo features a lead core 55 Grain Full Metal Jacket bullet that is nonmagnetic, non-corrosive boxer primer and new virgin brass casing that can be reloaded up to seven times for those high volume 223 ammo shooters that love to reload their 223 Remington ammunition. The Federal American Eagle 223BL ammo offers a muzzle velocity of 3240 feet per second and muzzle energy of 1282 ft-lbs.

Cost $290/ Case
Quantity 12 of 25 Cases
Lifespan No Expiration
Funding Source General Fund
Cost $160/ Case
Quantity 70 of 300 Cases
Lifespan No Expiration
Funding Source General Fund

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42 Annual Report on Controlled Equipment Use 2024
Hornady .308 Winchester A-Max Tap Rifle Round
Manufacturer: Hornady
Manufacturer Description: This law enforcement cartridge offers match accuracy with a high ballistic coefficient providing superior long-range performance. This load demonstrates expansion and fragmentation similar to the 110-gr. load, but with a noticeable increase in penetration and retained bullet weight. This bullet penetrates glass with minimal deflection and exhibits excellent expansion and fragmentation characteristics.

Winchester 9MM 124 GR Full Metal Jacket
Manufacturer: Winchester
Manufacturer Description: This law enforcement cartridge is loaded with a 124-grain Full Metal Jacket bullet. The Full Metal Jacket bullet is ideal for range practice and is known for its reliability, consistent performance, and accuracy. The jacket extends from the nose to the base, preventing bullet expansion and barrel leading. This ammunition is new production, non-corrosive, ammo, featuring brass cases, boxer primed, and is reloadable.

Cost $250/ Case
Quantity 21 of 60 Cases
Lifespan No Expiration
Funding Source General Fund
Cost $282/ Case
Quantity 20 of 20 Case
Lifespan No Expiration
Funding Source General Fund

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Chemical Agents and Smoke Canisters (Category 12)
Canisters containing non-lethal chemical agents and/or smoke that are released when deployed.

Capability: Chemical agent and smoke canisters have a variety of individual capabilities and applications. Chemical agent and smoke canisters carry the agent into the environment in a variety of methods, including but not limited to powder, a liquid mist, smoke, pyrotechnic devices, and vapor aerosols. Exposure to chemical agents normally causes no lasting effects. This equipment has indoor and outdoor capabilities and uses.

Usage: The use of chemical agents causes mucous membranes and exposed skin to become inflamed resulting in a burning sensation. It provides a temporary respiratory effect and induces discomfort on the skin. Smoke canisters are used to create a diversion or conceal the movement of a tactical team. Chemical agents and smoke canisters may be utilized during confrontations with violent or potentially violent suspects, as a less lethal option to assist with dispersing violent crowds, and/or for the arrest of suspects.

Training Requirements: Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors. Sworn members are trained in the proper use of chemical agent cannisters and smoke canisters, nomenclature, and documentation for the use of this equipment.

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44 Annual Report on Controlled Equipment Use 2024
The Department currently possesses the following chemical agent and smoke canisters:

Defense Technology Flameless Tri-Chamber Safe-Smoke Canister #1032 Manufacturer: Defense Technology
Manufacturer Description: The design of the Tri-Chamber Flameless Saf-Smoke allows for the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. Primarily designed for indoor tactical situations and will deliver about 20-25 seconds of burn time. Was designed for barricaded situations in mind to primarily detect and or dislodge a barricaded subject. The purpose of the Tri-Chamber Flameless SafSmoke is to minimize the risk to all parties through pain compliance and or incapacitation of potentially violent or dangerous subjects.

Defense Technology Flameless Tri-Chamber Safe-Smoke Canister #1033 Manufacturer: Defense Technology
Manufacturer Description: The design of the Tri-Chamber Flameless Saf-Smoke allows for the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. Primarily designed for indoor tactical situations and will deliver about 20-25 seconds of burn time. Was designed for barricaded situations in mind to primarily detect and or dislodge a barricaded subject. The purpose of the Tri-Chamber Flameless SafSmoke is to minimize the risk to all parties through pain compliance and or incapacitation of potentially violent or dangerous subjects.

Cost $40 each
Quantity 5
Lifespan 5 Years
Funding Source General Fund
Cost $40 each
Quantity 4 of 10
Lifespan 5 Years
Funding Source General Fund

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45 Annual Report on Controlled Equipment Use 2024
Defense Technology Military Style Saf-Smoke Canister #1063 Manufacturer: Defense Technology
Manufacturer Description: The Saf-Smoke canister was designed for training but may also be used in operations. The Saf-Smoke offers the same burn times as other smoke canisters making it an appropriate choice for training or simulation deployment of chemical agent canisters.

Defense Technology Maximum HC Smoke Large Style Canister #1073 Manufacturer: Defense Technology
Manufacturer Description: The Maximum HC Smoke is designed specifically for outdoor use in criminal riotous situations with a high-volume continuous burn that expels its payload in approximately 1.5-2 minutes through four gas ports located on the top of the canister. The smoke can be used to conceal tactical movement or route a crowd. The volume of smoke and agent is vast and obtrusive.

Cost $22 each
Quantity 30
Lifespan 5 Years
Funding Source General Fund
Cost $30 each
Quantity 14
Lifespan 5 Years
Funding Source General Fund

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46 Annual Report on Controlled Equipment Use 2024
Defense Technology Maximum HC Smoke Military Style Canister #1083 Manufacturer: Defense Technology
Manufacturer Description: The Maximum HC Smoke is designed specifically for outdoor use in criminal riotous situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. The smoke can be used to conceal tactical movement. The volume of smoke and agent is vast and obtrusive.

Defense Technology Han-Ball Grenade CN #1091
Manufacturer: Defense Technology
Manufacturer Description: The Han-Ball Grenade is a launchable grenade and is a maximum effect device that delivers three stimuli for psychological and physiological effects: light, sound and CS. This grenade is a launchable and combines loud report and flash with effects of chemical agents making it suitable for riot control situations.

Cost $30 each
Quantity 8 of 10
Lifespan 5 Years
Funding Source General Fund
Cost $40 each
Quantity 3
Lifespan 5 Years
Funding Source General Fund

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47 Annual Report on Controlled Equipment Use 2024
Defense Technology Han-Ball Grenade CS #1092
Manufacturer: Defense Technology
Manufacturer Description: The Han-Ball Grenade is a launchable grenade and is a maximum effect device that delivers three stimuli for psychological and physiological effects: light, sound and CS. This grenade is a launchable and combines loud report and flash with effects of chemical agents making it suitable for riot control situations.

Defense Technology Flameless Expulsion Grenade Inert #2043 Manufacturer: Defense Technology
Manufacturer Description: The Inert Flameless Expulsion Grenade is a training device that will allow team members to deploy the grenade without effecting roll players. This compact, non-pyrotechnic, inert powder device provides safe expulsion without risk of fire. Unlike pyrotechnical grenades, this device’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet.

Cost $40 each
Quantity 103
Lifespan 5 Years
Funding Source General Fund
Cost $40 each
Quantity 3 of 3
Lifespan 5 Years
Funding Source General Fund

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Breaching Tools (Categories 7, 10, & 14)
Tools that are used to gain entry into structures by defeating locks and/or fortifications.

These tools include breaching shotguns and explosive breaching equipment.

Capability: A breaching shotgun can defeat lightly fortified or locked doors. Explosive breaching tools can defeat heavily fortified doors and structures. The listed breaching tools are utilized by SWAT operators and are capable of breaching glass, metal doors, wood doors, deadbolts, locks, and hinges.

Usage: Breaching (or forced entry) is used to rapidly access a locked or fortified room or structure to preserve life, affect and arrest, or to conduct a search when lawfully able to do so. Forced entry is strictly regulated and may only be done when legal parameters are met.

Training Requirements: Sworn members are trained in the proper use of the breaching shotgun. Explosive breacher(s) shall be licensed as a Blaster by Cal/OSHA. Explosive Breachers will attend an approved "Tactical Energetic Breaching" course.

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The Department currently possesses the following explosive breaching tools:

Remington 870 Short Barrel Breaching Shotgun
Manufacturer: Remington
Manufacturer Description: This weapon allows breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure.

Combined Tactical Systems 12 Gauge Breaching Munition #2570 Manufacturer: Remington
Manufacturer Description: 12-gauge frangible slug to disrupt locking mechanisms and hinges, defeat and breach external and internal doors.

Cost $810 each
Quantity 2
Lifespan 25 Years
Funding Source General Fund
Cost $7/ Box
Quantity 24 of 24 Boxes
Lifespan No Expiration
Funding Source General Fund

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Defense Technology TKO 12 Gauge Breaching Round #3105
Manufacturer: Defense Technology
Manufacturer Description: The 12-Gauge TKO Breaching Round is a 12-Gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant. The TKOP is capable of defeating door lock mechanisms, doorknobs, hinges, deadbolts safety chains and pad locks on both wooden or hollow core doors. Upon impact the zinc slug disintegrates into a fine powder eliminating fragmentation.

KBT (Kinetic Breaching Tool)
Manufacturer: KBT
Manufacturer Description: This kinetic energy tool was built to fill the gap between manual forced entry and explosive breaching. The KBT employs the best physics in the form of a self-contained impact ram with powder-actuated cartridges that go directly into a door or entryway. The device captures the force of the ram within the tool so there is no projectile or explosive energy that leaves the device. The KBT is designed to increase operator safety by allowing operators to breach from behind a shield or to the side of the door.

Cost $7/ Box
Quantity 3 of 3 Boxes
Lifespan No Expiration
Funding Source General Fund
Cost $10,750
Quantity 1
Lifespan 10 Years
Funding Source Grant Funding

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KBT (Kinetic Breaching Tool) .45 Caliber Blank Rounds
Manufacturer: KBT
Manufacturer Description: This kinetic energy tool operates by using a proprietary .45 caliber handgun blank and an eight (8) round cylinder for multiple breaches. Unlike explosive or shotgun breaching, all the force generated from the KBT is mechanically driven through a ram. This means that no projectile or explosive energy leaves the device except for the force of the ram which is permanently captured in the device.

Dyno Noble Inc. Primacord (UN0065)
Manufacturer: Dyno Nobel Inc.

Manufacturer Description: PRIMACORD is a detonating cord that is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400m/s, any common length of detonation cord appears to explode instantaneously. It is a highspeed fuse which explodes, rather than burns, and is suitable for detonating high explosives. Explosive entry is a non-lethal force option, but it should only be used when you can justify that spending any length of time in front of a door with a mechanical breach would be too dangerous for the officer conducting the breach or that mechanical breaching would fail on a reinforced objective.

Cost $2.97 Each
Quantity 287
Lifespan No Expiration
Funding Source Grant Funding
Cost $2/ Foot
Quantity 2647 Feet
Lifespan 10 Years
Funding Source General Fund

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Nonel Lead Line (UN0349)
Manufacturer: Dyno Nobel Inc.

Manufacturer Description: NONEL LEAD LINE provides maximum flexibility to the blaster in choosing a position of safety from which to initiate nonelectric blast rounds in either underground or surface applications. LEAD LINE propagates a low energy signal, similar to a dust explosion, at approximately 6500 ft/sec (2000 m/sec) along the tubes length with minimal disturbance to the outside of the tube.

Nonel Detonator Assembly Non-Elelctric (UN0361)
Manufacturer: Dyno Nobel Inc.

Manufacturer Description: A detonator assembly is a small sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as a plastic explosive. Detonator assemblies come in a variety of types, including non-electric caps, electric caps, and fuse caps.

Cost $1/ Foot
Quantity 4610 Feet
Lifespan 10 Years
Funding Source General Fund
Cost $15/ each
Quantity 83
Lifespan 10 Years
Funding Source General Fund

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Training Summary
The safe use of certain controlled equipment requires ongoing training to maintain proficiency and required certifications. While the department conducts most ongoing training internally through the Professional Standards Unit, external training courses and services are also necessary. Training courses can vary each year depending on operational needs and State or Federal mandates. Consumable and non-consumable equipment are often used during training to ensure competency during actual operational use. Funding sources for training include the Police Department’s operating budget and/or grants.

Training Costs
The personnel cost of training is absorbed into the Department’s operating budget. The estimated cost for staff to attend externally hosted training for 2024 was approximately $9628.34.

The below table reflects the expended controlled equipment used during training in calendar year 2024.

Item Used Cost
Nonel Detonator Assembly Non-Elelctric (UN0361) 27 $405 Dyno Noble Inc. Primacord (UN0065) 297.5 feet $595
Combined Systems Inc. 40MM Sponge, Smokeless Spin Stabilized Round #4577
26 $780
Combined Systems Inc. Super Sock Bean Bag Round #2581 24 Boxes $768 Federal Gold Medal .223 55 Grain (GR) Rifle Round 37 Cases $8732 Hornady 9MM Critical Duty 135 GR 2 Cases $580
Hornady .223 55gr Rifle Round, Tap Urban 45 Cases $7200 Hornady .308 Winchester 155gr Rifle Round, A-Max Tap 7 Cases $1750 Nonel Lead Line (UN0349) 390 Feet $390
TOTAL: $21,200

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EQUIPMENT COSTS
The following table summarizes equipment related expenditures for calendar year 2024 and the projected expenses in calendar year 2025. Equipment expenditures include the acquisition of new equipment, the replacement of damaged equipment, and the ongoing maintenance of the controlled equipment.

Equipment Type Annual Expenditure
(2024)
Projections
(2025)
Unmanned Aircraft
System $0 $30,000
Robots $0 $0
Armored Vehicles $935 $1000
Mobile Incident
Command $0 $1000
40 mm Less-Lethal
Launchers $300 $300
Less-Lethal Shotguns $0 $0
Diversionary Devices $0 $1000
Rifles $0 $10,712
Chemical Agents and
Smoke Canisters $0 $8,178.71
Breaching Tools $0 $0
TOTAL $1235 $52,190.71
The Milpitas Police Department is projected to acquire one (1) DJI Matrice and four (4) DJI Avata drones using grant funding, which was approved by City Council during the 2024 calendar year. These purchases were outlined in the 2024 Controlled Equipment Report under Projected Acquisitions.

In addition, the Milpitas Police Department is projected to acquire consumable controlled equipment (i.e. Chemical Agents and Smoke Canisters) with the current replenishment schedules and policies.

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Police Operating Budget

99.92%
Controlled Equipment
Annual Maintenance

0.003%
Controlled Equipment
Training

0.077%
Controlled Equipment Expenditures
Police Operating Budget Controlled Equipment Annual Maintenance Controlled Equipment Training Fiscal Impact
The Milpitas Police Department is budgeted for 128 full-time employees which includes 94 full-time sworn officer positions and 34 non-sworn full-time professional staff positions.

During Fiscal Year 2023/2024 the Police Department had an operating budget of $41,516,360.

Although the City of Milpitas adopts its operating budget on a fiscal year basis (beginning July 1st) the cost of controlled equipment expenditures is reflected in this report for calendar year 2024 as required by Assembly Bill 481.

During 2024, the Milpitas Police Department spent approximately $32,063.34 for controlled equipment and associated training. Some expenditures for controlled equipment were funded through State and/or Federal grants reducing the impact of acquiring, utilizing, maintaining, and training with controlled equipment to the Department’s operating budget. Although a portion of these expenditures were paid for with grant funding, the total expenditures represent only 0.077% of the Police Department’s operating budget.

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Projected Acquisitions for 2025
Although most acquisitions can be anticipated, the unanticipated replacement of existing controlled equipment may be necessary due to loss or damage. Replacement of these items will be handled on a case-by-case basis dependent on operational need, and in compliance with department policy for acquisition of controlled equipment.

Consumable Controlled Equipment
Consumable controlled equipment acquisitions for 2024 will remain consistent with current replenishment schedules and policies. Acquisitions will only restore quantities previously approved by the governing body. Some consumable controlled equipment acquisitions will be substituted with different brands, but their functionality and purpose remained unchanged.

Categories of consumable controlled equipment include:
• Ammunition – all calibers
• Chemical Agent and Smoke Canisters
• Specialty Munitions (40mm Munitions and Less Lethal Munitions) • Diversionary Devices

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Non-Consumable Controlled Equipment
Precision Rifle and Accessories
The Department is seeking the addition of a Masterpiece Arms, LE-BA .308 precision rifle. The rifle is a semi-automatic shoulder-fired rifle with precision optics that fires a .308 cartridge. The rifle provides SWAT Snipers the ability to engage hostile suspects at great distances with accuracy. The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.

Funding for acquisition of the precision rifles will be from grant funding. Projected costs for the equipment are listed below:

Lifespan:

Masterpiece Arms, LE-BA .308 precision rifle – No Listed Expiration Fiscal Impact:

Annual maintenance is approximately $50.

Training:

Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle, be a member of the SWAT team, and be assigned as a sniper.

Manufacturer Name and Model Category Quantity Cost
Masterpiece Arms, LE-BA .308 precision rifle 9 2 $10,712 TOTAL: $10,712

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Department Transparency
In some instances, the application and use of controlled equipment may prompt questions or cause concern for community members.

The Milpitas Police Department strives to provide transparency on police activities, department policies, agency practices, and the use of controlled equipment. Remaining accountable to our community builds trust, confidence, and enhances community relationships. Prior to Assembly Bill 481, the Milpitas Police Department regularly presented equipment purchases and policies to the Public Safety and Emergency Preparedness Commission and utilizes various community engagement events to introduce our community to select controlled equipment including our Unmanned Aircraft Systems, Armored Rescue Vehicle, Mobile Incident Command Vehicle, and specialized SWAT equipment. We continue to use community events to create public awareness, transparency, and education.

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Controlled Equipment Coordinator Report
Although the Department remains transparent with our community, we may occasionally receive complaints about our policies, practices, and/or the use of controlled equipment.

The Milpitas Police Department is committed to completing thorough and fair investigations of complaints. Resolving complaints in a fair, impartial, and expeditious manner helps maintain community trust and ensures the Milpitas Police Department will continue to provide superior service to our community.

The Milpitas Police Department has a designated Controlled Equipment Coordinator that is responsible for conducting controlled equipment inspections and audits to ensure compliance with Assembly Bill 481. The Controlled Equipment Coordinator is also the designated point of contact for receiving citizen complaints as well as tracking policy violations related to the use of controlled equipment.

Inventory
The Controlled Equipment Coordinator conducted an inventory check and did not identify any discrepancies reported during the annual report on Controlled Equipment Use for calendar year 2024. The inventory itemization in this report reflects the current inventory of all Controlled Equipment at the Milpitas Police Department.

Complaints
The Milpitas Police Department did not receive any citizen complaints about the use or possession of controlled equipment for calendar year 2024.

Policy Violations
The Milpitas Police Department did not identify any policy violations related to the deployment or use of controlled equipment for calendar year 2024.

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60 Annual Report on Controlled Equipment Use 2024
Conclusion
The equipment, resources, and training outlined in this report allows the Milpitas Police Department to protect our community by enhancing public and officer safety. The use of controlled equipment aids us in resolving critical incidents safely and effectively. Although controlled equipment is utilized infrequently, it is crucial that the equipment be readily available in rapidly evolving and dynamic situations where such equipment can be used to effectively respond to threats of public safety.

When deciding how controlled equipment is funded, acquired, or used, the Milpitas Police Department considers the public’s welfare, safety, and civil liberties. This annual controlled equipment report reaffirms the department’s commitment to providing transparency and information to our communities and elected officials in addition to ensuring compliance with the law.

The department places high regard to meaningful public input in using controlled equipment in our community. Inquires, complaints or concerns can be submitted to the Milpitas Police Department’s Controlled Equipment Coordinator via email at, [email protected]
For more information, please visit the police department’s website at, https://www.milpitas.gov/milpitas/departments/police

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Appendix
Definitions

1. Governing Body- The legislative body of the City of Milpitas.

2. Controlled Equipment- Includes items defined by California Government Code section 7070, subsections (c)(1) through (c)(16).

3. “Controlled Equipment Impact Statement” means a publicly released, written document that includes, at a minimum, all of the following:
(a) Description: A description of each type of Controlled Equipment, the quantity sought, its capabilities, expected lifespan, intended uses and effects, and how it works, including product descriptions from the manufacturer of the Controlled Equipment.
(b) Purpose: The purposes and reasons for which the Milpitas Police Department (hereinafter, “Police Department”) proposes to use each type of Controlled Equipment.
(c) Fiscal Cost: The fiscal cost of each type of Controlled Equipment, including the initial costs of obtaining the equipment, the estimated or anticipated costs of each proposed use, the estimated or anticipated costs of potential adverse impacts, and the estimated or anticipated annual, ongoing costs of the equipment, including operating, training, transportation, storage, maintenance, and upgrade costs. (d) Impact: An assessment specifically identifying any potential impacts that the use of Controlled Equipment might have on the welfare, safety, civil rights, and civil liberties of the public, and what specific affirmative measures will be implemented to safeguard the public from potential adverse impacts.
(e) Mitigations: Specific, affirmative technical and procedural measures that will be implemented to safeguard the public from such impacts.
(f) Alternatives: Alternative method or methods by which the Police Department can accomplish the purposes for which the Controlled Equipment is proposed to be used, the annual costs of alternative method or methods, and the potential impacts of alternative method or methods on the welfare, safety, civil rights, and civil liberties of the public.

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Appendix
Policy - Controlled Equipment (Military Equipment)
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting of use requirements of controlled equipment, also defined as “military equipment” pursuant to Assembly Bill 481 (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Controlled Equipment – Includes items defined in California Government Code section 7070, subsections (c)(1) through (c)(16); and any other item deemed to be controlled equipment by the governing body.
708.2 POLICY
It is the policy of the Milpitas Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to controlled equipment. 708.3 CONTROLLED EQUIPMENT COORDINATOR
The Chief of Police, or designee, shall act as the controlled equipment coordinator. The responsibilities of the controlled equipment coordinator include but are not limited to:
(a) Acting as a liaison to the governing body to meet the requirements of this policy. (b) Identifying equipment currently owned or used by the Milpitas Police Department, and that equipment the Department intends to acquire or use, that qualifies as controlled equipment and ensuring compliance with legislative mandates. (c) Conducting an annual inventory of all controlled equipment. (d) Collaborating with any allied agency that may use controlled equipment within the City of Milpitas (Government Code § 7071).
(e) Preparing for, scheduling, and coordinating an annual community engagement meeting to include:

1. Publicly noticing the meeting no less than 30 days in advance.

2. Preparing for public inquiries regarding the department’s funding, acquisition, and use of equipment.

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63 Annual Report on Controlled Equipment Use 2024
(f) Preparing the annual controlled equipment report for submission to the Chief of Police and ensuring that the report is made available to the public on the department website (Government Code § 7072).
(g) Establishing a procedure for the public to register a complaint or concern, submit a question about the use of controlled equipment, and identify how the Department will respond.
708.4 CONTROLLED EQUIPMENT INVENTORY
A list of equipment currently held by the department or in coordination with another local agency is attached to this policy as Exhibit 1 and incorporated into this policy by reference.

The inventory list will be updated each year as part of the annual report required pursuant to AB 481.
708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the controlled equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed controlled equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the controlled equipment (Government Code § 7071). The controlled equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting controlled equipment from the Federal Government pursuant to 10 USC § 2576a (Ex: 1033 Program)
(b) Seeking funds for controlled equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring controlled equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of controlled equipment within the jurisdiction of this department. (e) Using any new or existing controlled equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of controlled equipment.
(g) Acquiring controlled equipment through any means not provided above.

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708.6 EXIGENCY- PROCUREMENT AND USE
Nothing in this policy shall prohibit the procurement or use of controlled equipment when exigent circumstances exist. In rare circumstances, exigent circumstances may occur where the immediate procurement and use of controlled equipment may be necessary to preserve life, prevent physical harm to officers or other persons, prevent the destruction of relevant evidence, prevent the escape of the suspect, or maintain public safety. In the event such an event occurs, the Chief of Police or the authorized designee may authorize the procurement and use of controlled equipment. Any exigent procurement and/or use of controlled equipment will be reported to the governing body, in writing, unless such information is confidential or privileged under local, state, or federal law. 708.7 ANNUAL REPORT
Upon approval of a controlled equipment policy, the Chief of Police or their authorized designee shall submit a controlled equipment report to the governing body for each type of controlled equipment approved within one year of approval, and annually thereafter for as long as the controlled equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee shall also make each annual controlled equipment report publicly available on the department website for as long as the controlled equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of controlled equipment in department inventory.
708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of controlled equipment. 708.9 MAINTENANCE AND RESUPPLY OF CONTROLLED EQUIPMENT
In the event a previously approved supply of controlled equipment falls below the approved quantity, the Department may replenish the supply, as needed, without first obtaining additional approval from the Governing Body.

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CITY OF MILPITAS
Public Safety and Emergency Preparedness Commission
March 20, 2025 Public Safety and Emergency Preparedness Commission Minutes Page 1

MEETING MINUTES DRAFT
7:00 p.m.

Thursday, March 20, 2025
Milpitas City Hall – Committee Room
455 E. Calaveras Blvd., Milpitas, CA 95035
CALL TO ORDER Chair Berryhill called the meeting to order at 7:00 P.M.

PLEDGE of

ALLEGIANCE
Chair Berryhill led the pledge of allegiance.

ROLL CALL OEMC Charlop called the roll.

PRESENT: Berryhill, Clendenin, Gan, Nakapalau, Yip-Chuan, Morales, Hogg, Shah Councilmember: Lam
Staff: Battalion Chief Bankston, Deputy Chief Zamora, Capt. Jamison, Lt. Kyle Sanchez, OEM Coordinator Charlop
ABSENT: Cacao, Luu

SEATING OF

ALTERNATES

APPROVAL OF
AGENDA
March 20, 2025
None.

Motion/Second: Clendenin/Nakapalau
Motion carried by a vote of all AYES.

APPROVAL OF

MINUTES
November 21, 2024
Motion/Second: Nakapalau/Clendenin
Motion carried by a vote all AYES, Abstentions: Hogg, Morales PUBLIC FORUM No public forum.

ANNOUNCEMENTS A. VTA Survey
B. Remind commissioners about term expiration and to notify the Mayor and Clerk.

PRESENTATIONS Presentation of Assembly Bill 481 – Controlled Equipment Report (Milpitas Police) BUSINESS ITEMS A. Elections

1. Chair: Nominees include Berryhill and Morales. Berryhill wins votes 5 to Morales 2.

2. Vice-Chair: Morales runs uncontested.

3. Review Past and Upcoming Public Education Events:

Review:
a. Holi Festival at Cardoza Park, 3/8: great turn out, began the public education outreach campaign for Genasys.
b. CPR/AED Training Class at the Library, 3/13: 44 attendees, MFD Engine 86 joined, promoted Genasys at the event.

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March 20, 2025 Public Safety and Emergency Preparedness Commission Minutes Page 2

LIAISON REPORT

ADJOURNMENT
Upcoming:
a. Bring “Stop the Bleed” Course to Milpitas
b. Family Camp Out 7/26
c. National Night Out 8/5
d. Pumpkins in the Park 10/25
e. MUSD Health Fair
f. Other
B. 2025 Work Plan Adoption: Review of Genasys, re-assigned work plan groups due to new commissioners.

LIAISON REP
A. Council Report (Councilmember Lien):

1. Garbage fees are being increased by 9.19%. Senior discounts apply for those 62 and older.

2. Rivian moving into the City by the end of the year.

3. Mid-year 2024-25 report and budget in review for 2025/26 adoption.

4. Kron Castle planning to install fiber optic cable in Milpitas.

5. Jan. 1, 2027 there is a state mandate for water heaters to be electric.

A. MUSD Report (Schoolboard Member Yip-Chuan):

1. There are new members to the school board. Chris Norwood is now the President. Kelly Yip-Chuan is Vice-President. Robert Jung has joined the school board.

2. Measure Q passed, MUSD is in the process of forming an Oversite Committee

3. MUSD is heavily recruiting to bring students over to the Innovation Campus. $280M to renovated campus.

4. Cal Hills High School now hosts 9th grade.

B. Emergency Management Report (OEM Coordinator Charlop):

1. The 2025 CERT Calendar is complete.

2. CERT new member class begins April 12th, running April 19th and 26th.

3. Berryhill reported out about the new RACES equipment acquired.

C. Fire (BC Bankston):

1. MFD is short one Captain and one Firefighter Paramedic, with another firefighter paramedic to retire in April.

2. MFD has three conditional offers out to potential firefighters.

D. Police (Lt. Jamison):

1. MPD has 12 vacant police officer positions, they have made four conditional offers- two laterals and two entry level officers joining.

2. MPD has promoted Officer Lynch, Heylen, Sanchez and Jamison.

Chair Berryhill adjourned the meeting at 8:20 p.m. Next meeting is May 15, 2025.

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March 20, 2025 Public Safety and Emergency Preparedness Commission Minutes Page 3

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager, or Designee, to Execute Amendment No. 1 to the Funding Agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority for the Calaveras Boulevard Widening Project, CIP No. 4258 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586- 2602)
Category: Consent Calendar-Community Development
Meeting Date: 4/15/2025
Recommendation: Approve and authorize the City Manager, or designee, to execute Amendment No. 1 to the Funding Agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority for the Calaveras Boulevard Widening Project, CIP No. 4258.

BACKGROUND:

The Calaveras Boulevard Widening Project, CIP No. 4258 (Project), is in the Adopted FY 2025-2029 Capital Improvement Program (CIP). The Project provides for the design and construction for the replacement of the bridges that are to include three travel lanes and pedestrian and bicycle facilities in both directions between Milpitas Boulevard and Abel Street along Calaveras Boulevard.

Calaveras Boulevard is a State-owned and operated highway (SR 237) and is a critical 6-lane transportation artery providing residents and businesses access to I-680 and I-880 freeways and local streets through the City of Milpitas. However, it reduces from 6-lanes to 4-lanes at the bridge structures creating traffic congestion.

On January 3, 2006, the City and Santa Clara Valley Transportation Authority (VTA) entered into a cooperative agreement to prepare the Project Study Report (PSR) for the Project. VTA completed the PSR in September of 2009 and determined the traffic congestion at the bridge structures would worsen as growth continued in the region, and that widening of the bridge structures to 6 lanes would provide traffic congestion relief.

Because projects on State highways typically take many years to complete, the City Council adopted the Calaveras Boulevard Widening Traffic Impact Fee in 2009 that applies to private development projects that generate additional vehicle trips to help accelerate the Project delivery by establishing a revenue source for the City’s future funding obligation.

Santa Clara County voters passed 2016 Measure B which is a 30-year half cent countywide sales tax initiative to enhance transit, highways, expressways and active transportation. In October 2021, staff submitted a Measure B funding application to VTA for the 10-year Expenditure Program competitive call-for-projects which was eventually recommended for funding by the VTA program scoring committee. The 2016 Measure B Program Category Guidelines under the Highway IC Category requires the Project to provide a minimum 10% non-2016 Measure B funding contribution. At the time of the application, the City generated approximately $5.0 million in traffic impact fees from development projects which can only fund the completion of the Project Approval and the Environmental Document (PA&ED) phase. As VTA recognizes the importance of the Project in the region, the City and VTA entered into an agreement to complete the PA&ED phase in the amount of $5.0 million approved by the City Council on December 7, 2021 (Attachment 1) to advance the Project’s delivery and aid in competing for funding from County, State and/or Federal transportation grants. The agreement was funded by the TASP Impact Fee Fund ($3.5 million) and the Calaveras Boulevard Widening Traffic Impact Fee Fund ($1.5 million).

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The City and VTA will coordinate and work on obtaining Highway IC Category funds for the design, Right-ofWay, and construction phases of the Project by applying to and complying with the 2016 Measure B Highway Interchange Program Prioritization and Project Selection Process after the PA&ED phase has been approved and completed.

ANALYSIS:

The Project is currently in the PA&ED phase and this phase is anticipated to be completed by the Fall of 2026.

VTA has made significant progress on the preliminary design, but is still working on resolving Right-of-Way matters with Caltrans and Union Pacific Railroad (UPRR). The columns of the bridge structures require encroachment into their properties to minimize the cost of the Project and will require additional time in order to determine the best option moving forward. The agreement between the City and VTA has expired and requires an extension so that VTA may continue their efforts on the Project upon approval, the design phase is anticipated to start by the end of 2026 in order to start construction in 2029, pending approval of the PA&ED and funding for the remaining phases of the Project.

Staff recommends the City Council approve and authorize the City Manager to execute Amendment No. 1 to the Funding Agreement with VTA (Attachment 2) to extend the term of the agreement to June 30, 2026 when the PA&ED phase is anticipated to be completed.

POLICY ALTERNATIVE(S):

Alternative 1: Deny approval and authorization of Amendment No. 1 to Funding Agreement with VTA.

Pros: None
Cons: Not approving Amendment No. 1 would prevent VTA from completing the PA&ED phase of the Project.

Reason for Not Recommending: A denial would delay the completion of this critical transportation infrastructure project that will provide traffic congestion relief benefiting the residents and businesses of the City.

FISCAL IMPACT:

There is no fiscal impact from this action.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

As part of the Milpitas and VTA funding agreement, VTA will prepare the necessary environmental documentation for the City’s Calaveras Boulevard Widening Project, Project No. 4258 in compliance with California Environmental Quality Act.

RECOMMENDATION:

Approve and authorize the City Manager, or designee, to execute Amendment No. 1 to the Funding Agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority for the Calaveras Boulevard Widening Project, CIP No. 4258.

ATTACHMENT(S):
(a) Funding Agreement
(b) Amendment

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Milpitas – VTA Calaveras Boulevard Widening

FUNDING AGREEMENT

BETWEEN THE CITY OF MILPITAS AND

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR THE STATE ROUTE 237 – CALAVERAS BOULEVARD WIDENING PROJECT THIS AGREEMENT (“Agreement”) dated ________________________, 2021, for purposes of reference, is made and entered into by and between the CITY OF MILPITAS, a municipal corporation of the State of California ("CITY"), and SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, a public agency organized as a special district under California law ("VTA").

Hereinafter, CITY and VTA may be individually referred to as "Party" or collectively referred to as "Parties".

I. RECITALS
A. Where WHEREAS, CITY and VTA entered into a cooperative agreement to prepare the Project Study Report ("PSR") for State Route 237/Calaveras Boulevard Widening Project on January 3, 2006; and
B. WHEREAS, the PSR evaluated alternatives to improve traffic operations Calaveras Boulevard in the City of Milpitas, California; and
C. WHEREAS, the PSR for Calaveras Boulevard Widening was completed in September 2009 and approved by the State of California Department of Transportation ("Caltrans") on February 24, 2010; and
D. Whereas, on June 24, 2016, the VTA Board of Directors adopted a resolution to place a ballot measure before the voters of Santa Clara County in November 2016 to authorize a one-half of one percent retail transaction and use tax (“2016 MEASURE B”) for 30 years for nine transportation-related program categories; and E. Whereas, on November 8, 2016, the voters of Santa Clara County enacted 2016 MEASURE B for 30 years to pay for the nine transportation-related program categories; and F. Whereas, on October 5, 2017, the VTA Board of Directors established the 2016 Measure B Program (“PROGRAM”) and adopted the 2016 Measure B Program Category Guidelines; and
G. Whereas, the PROGRAM includes a “Highway Interchange” program category (HIGHWAY IC CATEGORY), which includes a list of eligible projects, that funds highway projects throughout the valley; and

EPD202201-1127
Received 28 January 2022

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Milpitas – VTA Calaveras Boulevard Widening
H. Whereas, the 2016 Measure B Program Category Guidelines for the HIGHWAY IC CATEGORY requires a minimum 10% non-2016 Measure B contribution for development of PROJECT; and
I. Whereas, CITY and VTA each recognize the need to improve traffic operations, improve local circulation and provide Complete Streets benefits in the City of Milpitas in the County of Santa Clara along Calaveras Boulevard between Abel Street and Milpitas Boulevard by widening the Calaveras Boulevard bridges over North Main Street and the UPRR/BART tracks hereinafter referred to as “PROJECT “; and J. Whereas, the PROJECT is eligible to receive HIGHWAY IC CATEGORY funds; and K. Whereas, in June 2009, the Milpitas City Council: (i) established a traffic impact fee for private development for the Calaveras Boulevard Widening project and a Five Million Dollars ($5,000,000) in traffic impact fees was collected by April 2021; and (ii) identified that these funds may be used towards CITY's matching contribution towards the PROJECT; and
L. Whereas, CITY and VTA would like to begin the Project Approval and Environmental document (“PA&ED”) phase of the PROJECT; and
M. Whereas, on August 5, 2021, the VTA Board of Directors established the 2016 Measure B Highway Interchange Program Prioritization and Project Selection Process and directed staff to develop a ranked priority list of HIGHWAY IC CATEGORY projects; and N. Whereas, as a result of the August 5, 2021, VTA Board action, allocation of HIGHWAY IC CATEGORY funds for the final design (PS&E), right-of-way (ROW), and/or construction phases of the PROJECT is not guaranteed and is dependent on the results of the selection process; and
O. Whereas, CITY and VTA will coordinate and work on obtaining HIGHWAY IC CATEOGORY funds for the PS&E, ROW, and construction phases of the PROJECT by submitting an application to and complying with the 2016 Measure B Highway Interchange Program Prioritization and Project Selection Process as identified; and P. Whereas, this Agreement is intended to delineate the duties, and funding responsibilities of the Parties for the PROJECT.

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the Parties agree as follows:

II. AGREEMENT

1. The PROJECT. The Parties agree to construct the PROJECT pursuant to the terms and

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conditions set forth herein.

2. Scope of Work. The Scope of Work is the PA&ED phase of the PROJECT, which includes but not limited to: (i) obtaining all necessary permits and approvals required from all governmental or regulatory agencies and/ or entities having jurisdiction over the PROJECT; and (ii) those planning and design activities necessary to complete the PA&ED phase.

3. Cost of PROJECT. The anticipated total cost of the PROJECT is One Hundred Forty-Three Million Four Hundred Fifty Thousand Dollars ($143,450,000).

4. CITY’S Financial Contribution. CITY agrees to contribute to the PROJECT an amount not to exceed Five Million Dollars ($5,000,000) (hereinafter “CITY’S Contribution”) towards the development of the PA&ED phase of the PROJECT.

5. Use of CITY’s Contribution. VTA will use the CITY’s Contribution and the interest earned thereon for allowable costs and expenses for the sole purpose of completing the PA&ED phase of PROJECT, as set forth in this Agreement.

Upon execution of the Agreement, VTA shall invoice CITY for the CITY’s Contribution, and, upon receipt, will deposit the CITY’s Contribution into an interest-bearing account. CITY shall pay to VTA the CITY’s Contribution within thirty (30) calendar days after receipt of invoice.

Should the PROJECT be awarded HIGHWAY IC CATEGORY funds as a result of the 2016 Measure B Highway Interchange Program Prioritization and Project Selection Process, CITY’s Contribution and any interest earned will be considered as part of the required minimum 10% non-2016 Measure B contribution of total PROJECT cost.

CITY’s financial contribution towards design, right-of-way and Construction phases will be subject to future negotiation and mutually agreed upon in a written amendment to this agreement.

6. City’s Role in PROJECT. During the term of the PROJECT, CITY shall provide CITY staff oversight of, and participation in, the PROJECT, and necessary and appropriate coordination with all departments of the CITY. The CITY is not expected to take on an administrative role or hire consultants for the PROJECT, but may inspect work on the PROJECT as desired. CITY will issue, if required, necessary encroachment permits for the PROJECT at no cost where the work meets the CITY’s encroachment permit requirements. After reasonable opportunity to review PROJECT's documents and subject to the CITY’s discretion, the CITY shall provide timely reviews, comments, and approvals of PROJECT's documents submitted by VTA to CITY.

CITY will attend any Project Development Team meetings. CITY costs incurred to administer and participate in the PROJECT as described in this Agreement will not be allowable costs against CITY's Contribution.

7. VTA’s Role in PROJECT.

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a. Tasks. VTA shall perform and/or be responsible for the following tasks to complete the PROJECT:
i. Serve as project manager for PROJECT;
ii. Coordinate with the State of California and other relevant stakeholders as necessary to allow for review and approval of PROJECT;
iii. Complete Project Approval/Environmental Document (PA/ED) work for PROJECT;
iv. Complete activities necessary for the final design (PS&E) documents for PROJECT, subject to future funding;
v. Complete ROW activities, subject to future funding;
vi. Advertise, award, and administer Construction contract, subject to future funding;
vii. Conduct close-out activities for the PROJECT, subject to future funding.

Costs and expenses to perform these tasks shall be considered allowable costs and expenses pursuant to this Agreement.
b. Consultants. VTA may retain design consultants to perform any of the functions listed in Section II Article 3. VTA’s administrative costs to procure and manage consultant agreements as well as the actual costs of such consultants shall be allowable costs pursuant to this Agreement.
c. Project Cost Updates. VTA shall actively monitor actual PROJECT expenditures to ensure that CITY’s Contribution is used to pay for allowable PROJECT expenditures.

If an amount exceeding CITY’s Contribution is required to complete the PA&ED phase of the PROJECT, VTA shall notify CITY in writing that additional funds are needed pursuant to Section II Article 4. VTA shall not perform any work until an amendment to this Agreement is executed, adding funds to cover the PA&ED phase of the PROJECT completion.
d. Other Project Management Duties VTA shall include CITY staff as an active participant within VTA's project management process, VTA will hold periodic project development team meetings as agreed upon by the PROJECT team to assess the progress of PROJECT and address PROJECT issues as they arise.

8. Compliance with Governmental Requirements. VTA shall comply with all laws and regulations pertaining to the PROJECT.

Compliance with 2016 Measure B requirements. In anticipation of future 2016 Measure B funds, VTA and CITY will comply with all 2016 Measure B requirements as identified in the 2016 Measure B Program and Program Guidelines for the HIGHWAY IC CATEGORY.

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9. Term of Agreement. This Agreement shall become effective upon full execution and shall remain in effect through the earlier of: (i) December 31, 2024, or (ii) completion of the PA&ED phase of the PROJECT. If the PA&ED phase of the PROJECT is delayed beyond December 31, 2024, or cancelled completely, either Party may terminate this Agreement which can be accomplished by either Party giving written notice to the other Party of such termination with a 30 day notice. Any unused funds will be returned to each Party. .This term of this Agreement can be extended by Amendment in accordance with Article 17.

10. Audit and Record Retention. CITY may audit the expenses incurred in the performance of this Agreement. VTA shall retain all records related to the PROJECT for three (3) years after the completion of PROJECT. During this period and during the PROJECT, VTA shall make these records available to the City for inspection within a reasonable time, upon City’s written request. VTA will repay any portion of the City Contribution used for unallowable expenses as determined by the audit.

11. Parties’ Representatives. The General Manager of VTA, or the General Manager’s designee, is hereby made the representative of VTA for all purposes under this Agreement. The Director of the Public Works for CITY (“Director”), or the Director’s designee, is hereby made the representative of CITY for all purposes under this Agreement.

12. Indemnification.
a. Neither VTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of CITY’s negligence, recklessness, or willful misconduct under or in connection with any work, authority or jurisdiction associated with the PROJECT. In addition, CITY shall fully indemnify and hold VTA harmless from any liability imposed for injury (as defined by Government Code §810.8) occurring by reason of CITY’s negligence, recklessness, or willful misconduct under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. This provision will survive the termination or expiration of this Agreement.
b. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of VTA’s negligence, recklessness, or willful misconduct in the completion of any work associated with the PROJECT. In addition, VTA shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code §810.8) occurring by reason of VTA’s negligence, recklessness, or willful misconduct in the completion of the work, undertaken by VTA pursuant to this Agreement. This provision will survive the termination or expiration of this Agreement.

13. No Waiver. The failure of either Party to insist upon the strict performance of any of the terms of this Agreement shall not be deemed a waiver of any right or remedy that either Party may have and shall not be deemed a waiver of their right to require strict performance of all of the terms thereafter.

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14. Notice. Any notice required to be given by either Party, or which either Party may wish to give, shall be in writing and served either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows:

To VTA: Santa Clara Valley Transportation Authority
Chief Engineering and Program Delivery Officer
3331 North First Street, Bldg. A
San Jose, CA 95134-1906
To CITY: City of Milpitas
Steve Erickson, City Engineer/Engineering Director
Department of Public Works
455 E. Calaveras Blvd.

Milpitas, CA 95035
[email protected]
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the United States mail.

15. Dispute Resolution. If a question arises regarding interpretation of this Agreement or its performance, or the alleged failure of a Party to perform, the Party raising the question or making the allegation shall give written notice thereof to the other Party. The Parties shall promptly meet in an effort to resolve the issues raised. If the Parties fail to resolve the issues raised, alternative forms of dispute resolution, including mediation or arbitration, may be pursued by mutual agreement. It is the intent of the Parties to the extent possible that litigation be avoided as a method of dispute resolution.

16. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties pertaining to the subject matter contained therein and supersedes all prior or contemporaneous agreements, representations, and understandings of the Parties relative thereto.

17. Amendments. No alteration or variation of the terms of this Agreement will be valid unless made in writing and signed by both of the Parties hereto, and no oral understanding or agreement not incorporated herein will be binding on any of the Parties hereto.

18. Warranty of Authority to Execute Agreement. Each Party to this Agreement represents and warrants that each person whose signature appears hereon has been duly authorized and has the full authority to execute this Agreement on behalf of the entity that is a Party to this Agreement.

19. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of

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competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions and provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

20. Governing Law. The laws of the State of California will govern this Agreement, as well as any dispute that might arise between VTA and CITY, without regard to conflict of law provisions.

WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth. “CITY”
City of Milpitas
a municipal corporation
“VTA”
Santa Clara Valley Transportation Authority
a public agency
Steven McHarris Carolyn M. Gonot
City Manager General Manager/CEO
Date Date
APPROVED AS TO FORM: APPROVED AS TO FORM:

Christopher Diaz TBD
City Attorney VTA Counsel

Judith Propp

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MEMORANDUM
TO: Carolyn Gonot, General Manager/CEO
FROM: Gene Gonzalo – Highway Program Manager
DATE: January 28, 2022
SUBJECT: General Manager’s signature for Funding Agreement between City of Milpitas and VTA for the SR 237 Calaveras Boulevard Improvements Project (P-1219) On January 6, 2022, the VTA Board of Directors authorized the General Manager to execute cooperative agreements with Cities and Towns of Santa Clara County for planning, environmental, design, right-of-way, and construction phases of 2016 Measure B roadway projects. The 2016 Measure B Program includes the SR 237 Calaveras Boulevard Improvements Project in City of Milpitas.

On December 7, 2021, Joint Meeting of the Milpitas City Council, and the Milpitas Housing Authority approved and authorized to execute the funding agreement with the Santa Clara Valley Transportation Authority (VTA) for completion of the Project Approval/ Environmental Documentation (PA/ED) phase of the Project.

This funding agreement between City of Milpitas and VTA is for $5,000,000 for VTA to complete the PA/ED phase of the project. An amendment to this agreement will be needed for the subsequent final design, right-of-way, and construction phases.

The Funding Agreement between City of Milpitas and VTA will establish roles and responsibilities to complete the SR 237 Calaveras Improvements Project. This Funding Agreement was signed by City of Milpitas and will be executed upon receipt of VTA signatures.

Enclosures:

Funding Agreement
Board Memorandum dated January 6, 2022
Submitted by: Shanthi Chatradhi

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EPD202201-1064
Received 18 January 2022

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1 AMENDMENT No. 1 TO

FUNDING AGREEMENT

BETWEEN THE CITY OF MILPITAS AND

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR THE STATE ROUTE 237

CALAVERAS BOULEVARD IMPROVEMENTS PROJECT
This FUNDING AGREEMENT AMENDMENT No.1 (“First Amendment”) dated ________________, 2025 for purposes of reference, is made and entered into by and between CITY OF MILPITAS, a municipal corporation of the State of California (“CITY”) and SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, a public agency organized as a special district under California law (“VTA”). Hereinafter, CITY and VTA may be individually referred to as “PART” or collectively referred to as “Parties.”
I. RECITALS
A. On January 28, 2022, Parties entered into an agreement (“FUNDING AGREEMENT”) setting forth their respective obligations in regard to the Project Approval and Environmental Document (PA&ED) phase of the Calaveras Boulevard Improvements Project (“PROJECT”).

B. The PROJECT is scheduled to be completed by June 30, 2026.

C. The Parties wish to amend the FUNDING AGREEMENT to extend the term from December 31, 2024 to June 30, 2026.

NOW, THEREFORE, the Parties agree to amend the FUNDING AGREEMENT as follows:

II. AMENDED AGREEMENT

1. SECTION II PARAGRAPH 9. Term of Agreement is hereby amended to extend the agreement to June 30, 2026. The first sentence shall be restated as follows:

This Agreement shall become effective upon full execution and shall remain effect through the earlier of (i) June 30, 2026, or (ii) completion of the PA&ED phase of the Project.

SECTION II PARAGRAPH 14 Notice is hereby amended to update VTA’s address and shall be restated as follows:

Any notice required to be given by either Party, or which either party may wish

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2 to give, shall be in writing and served either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows:

To VTA: Santa Clara Valley Transportation Authority
Chief Engineering & Program Delivery Officer
3331 North First Street, Bldg. A
San Jose, CA 95134-1906
To CITY: City of Milpitas
Michael Silveira,
City Engineer
455 E. Calaveras Blvd.

Milpitas, CA 95035
[email protected]
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the United States mail.”

2. Any exhibits or attachments referenced in and/or attached to this First Amendment are incorporated into the Contract by this reference.

3. The capitalized terms used in this First Amendment have the meanings as defined in the Contract unless specifically defined in this First Amendment.

4. Except as modified by this First Amendment, all provisions of the Contract, including any exhibits and subsequent amendments to them, remain in full force and effect. All references to the Contract in this First Amendment refer to the Contract as amended unless otherwise specifically set forth or otherwise indicated by context.

5. In the event of any conflict between the provisions of this First Amendment and the provisions of the Contract, the provisions of this First Amendment will prevail. Whether or not specifically amended by this First Amendment, all of the terms and provisions of the Contract are deemed amended to the extent necessary to give effect to the purpose and intent of this First Amendment.

6. If any provision of the Contract, as amended by this First Amendment, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.

7. This First Amendment may be executed in one or more counterparts, each of which will be deemed an original but all of which will constitute one and the same instrument. For purposes of this Contract, an electronic copy of a signed

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

The Parties have caused their undersigned, duly authorized signatories to sign this First Amendment on the dates set forth below.
“CITY”
City of Milpitas
a municipal corporation
Approved By:

By:

Ned Thomas, City Manager
Date: ___________________________
Approved As To Form:

By:

Christopher Creech, Acting City
Attorney
Approved As To Scope:

By:

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

By:

Christian Di Renzo, Public Works
Director
“VTA”
Santa Clara Valley Transportation Authority
a public agency
By:

Carolyn M. Gonot
General Manager/CEO
Date: ___________________________
Approved As To Form:

By:

Andrew Lee
Assistant Counsel

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Approve Project Plans and Specifications, and Award Construction Contract to GSW Construction, Inc. for the McCandless Well Facility, Project No. 7076 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 4/15/2025
Recommendation: (1) Adopt a resolution to approve the Project plans and specifications, (2) Award the construction contract to GSW Construction, Inc. in the total amount of $5,336,500, (3) Authorize the City Manager to execute the construction contract with GSW Construction, Inc.; and (4) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $800,000 for the McCandless Well Facility, Project No. 7076.

BACKGROUND:

The McCandless Well Facility, CIP Project No. 7076 (Project), is in the Adopted FY 2025-29 Capital Improvement Program (CIP). The Project provides for the design and construction of a potable water well at Delano Manongs Park. The Project site, approximately 10,000 square feet, is situated at the southwest corner of the park and will serve the City’s Midtown and Metro Specific Plan areas. The Project is planned to be completed in three phases where the first phase was completed in 2019 for the test well and the second phase completed the installation of the permanent 600-foot deep well casing in the Fall of 2020. The final phase is to construct the above-ground well facility that includes the pump building, treatment facility, holding tank, associated components required for full system operation and site improvements.

Under California Code Regulations, Title 22 § Section 64558 (Title 22), the State Division of Drinking Water (DDW) requires jurisdictions to conduct a source capacity planning study to ensure there is sufficient water supply for anticipated community growth over a projected period of at least ten years. In 2015, DDW requested a formal evaluation of the City water source capacity based on the projected growth of the City’s Midtown Specific Plan and Transit Area Specific Plan.

On June 15, 2021, the City Council adopted the 2020 Urban Water Management Plan (UWMP), which assesses the City’s water supply needs for the update to the specific plans, currently known as Milpitas Gateway-Main Street Specific Plan and Milpitas Metro Specific Plans. Per the Adopted 2021 Water Master Plan, the specific plans are projected to build approximately 11,650 residential units and 3.5 million in nonresidential building square footage for an estimated water demand of 3.3 million gallons per day. To meet this demand, the UWMP identified a combination of groundwater supply and above-grade storage tanks as the most effective strategy. Utilizing groundwater wells and blending of the water supply from the City’s two wholesalers (San Francisco Public Utility Commission and Valley Water) will help minimize the required storage capacity from six to two million gallons for the Valley Water pressure zone. Additionally, expanding the City water portfolio to include groundwater wells will supplement the loss of supply due to cutbacks from the wholesalers, in the event of prolonged droughts, or natural disasters that may damage conveyance infrastructure. The City has three wells located in, or planned for, the southwestern part of the City: Pinewood Well is fully developed as an emergency well, McCandless Well will be in operation by 2027, and Curtis Well is anticipated to be in operation by or around 2035.

ANALYSIS:

The Project was advertised on the City eProcurement system, OpenGov Procurement, and digital construction trade publications on February 7, 2025, and in the Milpitas Post on February 7 and 14, 2025, in accordance

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with the bidding requirements of the Uniform Public Construction Cost Accounting Act. The Project was also posted at Milpitas City Hall, Sports Center, and Senior Center per City Council direction and Government Code section 36933. The bid opening was held on March 11, 2025, and three (3) sealed bids were received with the price range from $5,336,500 to $ 6,186,000. The lowest, responsive, responsible bidder is GSW Construction, Inc., submitting a bid in the amount of $5,336,500. The Project Plan and Specifications (Attachment 2); and the Engineer’s Construction Estimate for the Project’s base bid is $5,118,000 and the Summary of Bid Results is as follows while detailed information about the bid results (Attachment 3) are included in the agenda packet.

Bidder Location Base Bid
Engineer’s Construction Estimate - $5,118,000
GSW Construction, Inc. San Francisco, CA $5,336,500
TSI Engineering, Inc. North Highlands, CA $5,690,786
Pacific Infrastructure Pleasanton, CA $6,186,000
The bid prices submitted range from 4% to 21% over the Engineer’s Construction Estimate. The wide variation is likely due to the current construction market which has been affected by inflation and bidders’ ability to selfperform work rather than hire subcontractor(s), workload schedules, overhead costs and profit margin thresholds, and material and labor markups.

Staff reviewed the bid proposal submitted by GSW Construction, Inc., the apparent lowest bidder, and found their bid proposal to be responsive. Staff recommends awarding a construction contract in the amount of $5,336,500 to GSW Construction, Inc., the lowest responsible bidder submitting a responsive bid. No bid protests were filed with the City. There is sufficient funding available in the Project budget to award this contract and no additional funding appropriation is required.

The construction contingency established for the Project to address any unforeseen conditions that arise during construction is $800,000 which is 15% of the total contract value. As previously approved for the successful completion of recent projects with tight completion schedules, staff is requesting the use of the same change order policy used for previous projects (Attachment 4). This policy allows for a timely completion of the Project, while addressing the need to respond swiftly to construction conditions and approve necessary change orders to limit potential claims or risks to the City. The change order authority will not be exceeded without prior City Council Approval.

POLICY ALTERNATIVE(S):

Alternative 1: Deny approval of the Project’s plans and specifications and not award the construction contract to GSW Construction, Inc.

Pros: None.

Cons: Not approving the plans and specifications and awarding the construction contract to the low bidder for the Project will prevent the City from completing the installation of the new well facility which could result in a water supply deficiency for anticipated growth within the Midtown and Metro Specific Plan areas.

Reason not Recommended: Under Title 22, State law requires the City to maintain an adequate water supply for peak usage, droughts, and emergencies. Blending the water supply from the water wholesalers is the most effective strategy for the City. Without McCandless Well, the above-grade water reservoir storage requirement within the Valley Water pressure zone would have to increase significantly (as would the needed footprint) and additional measures would be required to avoid running out of wholesale treated water in the event of an emergency or prolonged drought.

FISCAL IMPACT:

Adequate funds are available in the Project budget and no additional funding appropriation is required. The Project is funded by several funding sources including TASP Impact Fees, a Water Bond, the Water Capital Surcharge Fund, and the Water Line Extension Fund.

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As of March 5, 2025, the uncommitted balance of the Project is as follows:

CIP 7076 $ 8,615,426
Summary of Estimated Construction Cost:

Construction Contract $ 5,336,500
15% Construction Contingency $ 800,000
Total $ 6,136,500
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

On February 4, 2020, the City Council adopted an addendum to the June 3, 2008, TASP Environmental Impact Report (EIR) pursuant to CEQA Guidelines Section 15164 to address minor changes and additions. The addendum determined the environmental impacts from the implementation of the Project would not result in substantial changes requiring major revisions to the previous EIR, as outlined in CEQA Guidelines Section 15162.

RECOMMENDATION:
(1) Adopt a resolution to approve the Project plans and specifications. (2) Award the construction contract to GSW Construction, Inc. in the total amount of $5,336,500. (3) Authorize the City Manager to execute the construction contract with GSW Construction, Inc. (4) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $800,000 for the McCandless Well Facility, Project No. 7076.

ATTACHMENT(S):
(1) Resolution
(2) Plan and Specification
(3) Bid Summary
(4) Change Order Policy

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Attachment 1
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING PROJECT PLANS & SPECIFICATIONS; AWARD THE CONSTRUCTION CONTRACT TO

THE LOWEST RESPONSIBLE BIDDER SUBMITTING A RESPONSIVE BID, GSW CONSTRUCTION, INC., IN A TOTAL AMOUNT OF $5,336,500; AUTHORIZE THE CITY

MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT WITH GSW
CONSTRUCTION, INC., AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO

NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDER(S) IN AN AGGREGATE AMOUNT NOT TO EXCEED $800,000 FOR THE MCCANDLESS WELL FACILITY, PROJECT NO. 7076.

WHEREAS, the McCandless Well Facility Project, City Project No. 7076 (“Project”), is in the approved 2025-29 Capital Improvement Program and provides for the design and construction of a potable water well at Delano Manongs Park; and
WHEREAS, the Project is to construct the above-ground well facility for the ground well including the pump building, treatment facility, holding tank, associated components required for full system operation, and site improvements; and
WHEREAS, the Project was advertised on City’s eProcurement system, OpenGov Procurement, and digital construction trade publications on February 7, 2025, and in the Milpitas Post on February 7 and 14, 2025, in accordance with the bidding requirements of the Uniform Public Construction Cost Accounting Act and posted at Milpitas City Hall, Sports Center, and Senior Center as per City Council direction and Government Code section 36933; and
WHEREAS, the Engineer’s Estimate for the Project base bid items is $5,118,000; and WHEREAS, on March 11, 2025, three (3) sealed bid proposals were received and the bid pricing ranged from $5,336,500 to $6,186,00; and
WHEREAS, no bid protest was filed with the City within five (5) calendar days of the bid opening as set forth in the Project specifications; and
WHEREAS, the lowest responsible bidder submitting a responsive bid is GSW Construction, Inc., in the base bid amount of $5,336,500; and
WHEREAS, staff recommends the City Council award a construction contract to GSW Construction, Inc., the lowest responsible bidder submitting a responsive bid for the Project, and authorize the City Manager to execute a construction contract for bid in the amount of $5,336,500 in accordance with State law; and
WHEREAS, staff recommends the City Council authorize the Public Works Director to negotiate and execute change order(s) in an amount not to exceed $800,000; approximately fifteen percent (15%) of the total contract value, due to the Project’s tight completion schedule and staff’s capability to respond swiftly to unanticipated construction conditions to limit potential claims or risk to the City; and WHEREAS, sufficient funds are available in the Project budget to award the contract to GSW Construction, Inc., in total amounts of $5,336,500; and

Page 127 of 1436 ends

2 Resolution No. ____
WHEREAS, staff recommends the City Council approve the Project plans and specifications.

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

2. The City Council hereby approves the Project Plans and Specifications.

3. The City Council hereby awards the construction contract to and authorizes the City Manager to execute the contract and related documents with the lowest responsible bidder submitting a responsive bid, GSW Construction, Inc., in the amount of $5,336,500 for the Project.

4. The Public Works Director is hereby authorized to negotiate and execute contract change order(s) in an aggregate amount not to exceed $800,000 for the Project.

PASSED AND ADOPTED this day of , 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_____________________________ __________________________ Suzanne Guzzetta , City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_____________________________
Christopher Creech, Acting City Attorney

Page 128 of 1436 ends

S
WOODMANZA- POINTE CENTRE
DR
WAY

NOVA PHOENIX
PKWY
MALL
TIP CT

OR CT FOREST

CT LITE CT
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LIGHT
WAY

CT TREE GREEN TREE CT RIS
CT
NING

STARLITE
DR
DR
LEAF
McCANDLESS MONTAGUE CEDAR
CEDAR
CT

PINEWOOD WAY GREENWOOD
FALLEN BLUE SPRUCE BLUE SPRUCE WAY STARAVE

CT EVE VENUS
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ST

LAND CT
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DR
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CT

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TRADE ZONE BLVD

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(PVT) GREAT MALL DR
DR

FALCON MUSTANG DR (PVT)
(PVT)

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EDE LN (PVT)

MIHALAKIS ST DIAZ ST

COSTA ST

BETTEN COURT WAY (PVT)
DeLONG LANE (PVT)

CURRLIN CIRCLE (PVT)

LEE WAY (PVT)

LEE WAY (PVT) CURRLIN CIRCLE (PVT)
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8666127 8666139 8666140 8666141 8666142 8666143 8666144 8666130 8666131 8666132 8666133 8666134 8666135 8666145 8666146 8666147 8666136 8666137 8666138 Hetch Hetchy Aqueduct Hetch Hetchy Aqueduct South Bay Aqueduct CITY OF MILPITAS McCANDLESS WELL FACILITY PROJECT NO. 7076 LOCATION MAP NOT TO SCALE Project Location COVER, DRAWING INDEX, AND LOCATION MAPS NOT TO SCALE VICINITY MAP PLANNED 800-642-2444 CALL U.S.A. BEFORE EXCAVATING PLANNED WORK OPERATIONS TWO WORKING DAYS BEFORE ALL UNDERGROUND SERVICE ALERT Project Location 1 G01 FEBRUARY 2025 BID SUBMITTAL SANTA CLARA COUNTY, CALIFORNIA 1660 McCandless Dr. JANUARY 26, 1954 OF Revisions Y CI INCORPORATED S Record Drawings CALIFORNIA T ITA MILP 70 6800 Koll Center Parkway Suite 150 Pleasanton, CA 94566 (925) 426-2580 FAX (530) 756-5991 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 No. C60930 INDEX OF DRAWINGS SHEET DRAWING DESCRIPTION CONDITIONS OF APPROVAL 1. A CERTIFIED GREEN BUILDING PROFESSIONAL SHALL PROVIDE PROGRESS INSPECTION REPORTS TO THE CITY INSPECTOR DURING CONSTRUCTION. PRIOR TO FINAL INSPECTION, THE CERTIFIED GREEN BUILDING PROFESSIONAL SHALL PROVIDE A LETTER OF COMPLIANCE TO THE CITY INSPECTOR THAT CERTIFIES THE PROJECT HAS BEEN CONSTRUCTED IN ACCORDANCE WITH THE REQUIREMENTS ON THE CALGREEN CHECKLISTS ON PLAN. GENERAL NOTES: ············· Know what'sbelow. Callbefore you dig. R DEFERRED SUBMITTALS: DEFERRED SUBMITTAL ITEMS LISTED ARE DEPICTED IN THE CONTRACT DOCUMENTS TO SHOW DESIGN INTENT AND RELATIONSHIP WITH OTHER BUILDING COMPONENTS AND SYSTEMS. DEFERRED SUBMITTAL SHALL BE APPROVED PRIOR TO THE CONSTRUCTION OF ANY WORK IN THE DEFERRED SUBMITTAL ITEMS. DOCUMENTS FOR DEFERRED SUBMITTAL ITEMS SHALL BE SUBMITTED TO THE REGISTERED DESIGN PROFESSIONAL IN RESPONSIBLE CHARGE WHO SHALL REVIEW THEM AND FORWARD THEM TO THE BUILDING OFFICIAL WITH A NOTATION INDICATING THAT THE DEFERRED SUBMITTAL DOCUMENTS HAVE BEEN REVIEWED AND FOUND TO BE IN GENERAL CONFORMANCE TO THE DESIGN OF THE BUILDING. THE DEFERRED SUBMITTAL ITEMS SHALL NOT BE INSTALLED UNTIL THE DEFERRED SUBMITTAL DOCUMENTS HAVE BEEN APPROVED BY THE BUILDING OFFICIAL. IF THE CONTRACTOR PROPOSES DEVIATIONS FROM THE SHOWN DESIGN INTENT, THE CONTRACTOR IS RESPONSIBLE FOR ANY ADDITIONAL EFFORT, MATERIAL, AND DESIGN AT NO ADDITIONAL COST TO THE CITY. 2/7/2025 2/6/2025
Lyhak Eam 2/7/2025

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X “ ” GENERAL NOTES, SYMBOLS, AND ABBREVIATIONS 2 G02 JANUARY 26, 1954 OF Revisions Y CI INCORPORATED S Record Drawings CALIFORNIA T ITA MILP 70 6800 Koll Center Parkway Suite 150 Pleasanton, CA 94566 (925) 426-2580 FAX (530) 756-5991 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 No. C60930 ABBR. SYSTEM SIZE TYPE 2/6/2025 Lyhak Eam 2/7/2025

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BLUEPRINT FOR A CLEAN BAY 3 G03 JANUARY 26, 1954 OF Revisions Y CI INCORPORATED S Record Drawings CALIFORNIA T ITA MILP 70 6800 Koll Center Parkway Suite 150 Pleasanton, CA 94566 (925) 426-2580 FAX (530) 756-5991 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 No. C60930 2/6/2025 Lyhak Eam 2/7/2025

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N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 2023 CALGREEN MANDATORY MEASURES CHECKLIST (NON-RESIDENTIAL) 4 G04 JANUARY 26, 1954 OF Revisions Y CI INCORPORATED S Record Drawings CALIFORNIA T ITA MILP 70 6800 Koll Center Parkway Suite 150 Pleasanton, CA 94566 (925) 426-2580 FAX (530) 756-5991 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 No. C60930 2/6/2025 Lyhak Eam 2/7/2025

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PROCESS FLOW SCHEMATIC

LEGEND DESIGN CRITERIA

BACKWASH
TANK

SURFACE

WASH PUMPS
FILTER
VESSEL
WELL
WELL
PUMP

HYDRAULIC PROFILE ELEVATION IN FEET
FILTER
VESSEL

STATIC MIXER STATIC MIXER

WELL PUMP

IN WELL
WATER

DISTRIBUTION
SYSTEM

PROCESS FLOW SCHEMATIC, HYDRAULIC PROFILE, AND DESIGN CRITERIA 5 G05
JANUARY 26, 1954
OF
Revisions
Y
CI

INCORPORATED S
Record Drawings

CALIFORNIA T
ITA
MILP
70 6800 Koll Center Parkway
Suite 150
Pleasanton, CA 94566
(925) 426-2580
FAX (530) 756-5991
McCANDLESS WELL FACILITY
PROJECT NO. 7076
7076
No. C60930
2/6/2025
Lyhak Eam
2/7/2025 Page 133 of 1436
JANUARY 26, 1954
OF Revisions Y
CI INCORPORATED S Record Drawings CALIFORNIA T ITA MILP 70 6800 Koll Center Parkway Suite 150 Pleasanton, CA 94566 (925) 426-2580 FAX (530) 756-5991 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 No. C60930 1. THE CONTRACTOR IS RESPONSIBLE FOR REPAIRING ANY AC PAVING, CONCRETE CURBS, CONCRETE WALKS, ETC. THAT ARE DAMAGED DURING CONSTRUCTION OF THE WELL FACILITIES. 2. CONSTRUCTION ACTIVITIES, INCLUDING DUST CONTROL AND STREET SWEEPING, SHALL USE RECYCLED WATER FROM THE CITY'S FILL STATIONS. CONTRACTOR WILL BE REQUIRED TO OBTAIN PERMIT FOR TEMPORARY CONSTRUCTION METER FOR PURCHASE OF RECYCLED WATER. 3. THE WELL FACILITY HAS BEEN ROUGH GRADED TO ELEVATION 37.5. 4. CONTRACTOR MAY USE EXISTING CHAIN LINK PERIMETER FENCING DURING CONSTRUCTION, HOWEVER, SHALL BE RESPONSIBLE FOR ITS REMOVAL UPON PROJECT COMPLETION. 5. CERTAIN PORTIONS OF THE EXISTING SITE, INCLUDING ASPHALT PAVEMENT, CONCRETE MOW BAND, AND DECOMPOSED GRANITE WILL NEED TO BE REMOVED OR MODIFIED BY CONTRACTOR PRIOR TO CONSTRUCTION OF THE WORK. CONTRACTOR STAGING AREA VERTICAL DATUM: NAVD88 HORIZONTAL DATUM: NAD83 NOTE: PROJECT CONTROL POINTS, ELEVATIONS AND LOCATIONS SHOWN IN LIMITS OF WORK AREA ARE BASED ON SURVEY PERFORMED BY KIER & WRIGHT DATED NOVEMBER 6, 2023. PROJECT SURVEY CONTROL BENCHMARK NUMBER: 1 COORDINATES: N=4693.357 E=8651.135 ELEVATION: 36.61 FEET DESCRIPTION: CITY OF MILPITAS BENCHMARK CUT CROSS ON NORTHEAST CORNER OF THE SOUTH CURB ISLAND BETWEEN MCCANDLESS DRIVE AND THE PRIVATE DRIVE FOR MABEL MATTOS ELEMENTARY SCHOOL AT THE INTERSECTION OF MCCANDLESS DRIVE AND DELONG LANE. NOTES PROJECT BENCHMARK McCANDLESS DRIVE PLAN 2'±
2'± PLAN EXISTING CONDITIONS & DEMOLITION PLAN 6 C01 STAGING AREA SHARED WITH PARK CONTRACTOR 2/6/2025 Lyhak Eam 2/7/2025

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SITE WORK AND GRADING PLAN JANUARY 26, 1954
OF Revisions Y
CI INCORPORATED S Record Drawings CALIFORNIA T ITA MILP 70 6800 Koll Center Parkway Suite 150 Pleasanton, CA 94566 (925) 426-2580 FAX (530) 756-5991 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 No. C60930 7 C02 2/6/2025 Lyhak Eam 2/7/2025

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JANUARY 26, 1954
OF Revisions

Y CI INCORPORATED
S Record Drawings CALIFORNIA
T
ITA
M
ILP 70 6800 Koll Center Parkway Suite 150 Pleasanton, CA 94566 (925) 426-2580 FAX (530) 756-5991 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 No. C60930 SITE PIPING PLAN 8 C03 2/6/2025
Lyhak Eam 2/7/2025

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DETAIL JANUARY 26, 1954
OF Revisions

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CIVIL DETAILS 2 10 C05 JANUARY 26, 1954 OF Revisions Y CI INCORPORATED S Record Drawings CALIFORNIA T ITA MILP 70 6800 Koll Center Parkway Suite 150 Pleasanton, CA 94566 (925) 426-2580 FAX (530) 756-5991 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 No. C60930 2/6/2025 Lyhak Eam 2/7/2025

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SEE NOTE A CIVIL DETAILS 3 11 C06 JANUARY 26, 1954 OF Revisions Y CI INCORPORATED S Record Drawings CALIFORNIA T ITA MILP 70 6800 Koll Center Parkway Suite 150 Pleasanton, CA 94566 (925) 426-2580 FAX (530) 756-5991 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 No. C60930 2/6/2025 Lyhak Eam 2/7/2025

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SEE NOTE F SEE NOTE H BASIN ID NOTE A SEE NOTE G NOTE C NOTE D NOTE B SEE NOTE E CIVIL DETAILS 4 12 C07 JANUARY 26, 1954 OF Revisions Y CI INCORPORATED S Record Drawings CALIFORNIA T ITA MILP 70 6800 Koll Center Parkway Suite 150 Pleasanton, CA 94566 (925) 426-2580 FAX (530) 756-5991 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 No. C60930 2/6/2025 Lyhak Eam 2/7/2025

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13 ●●●●● CP-1 YARD PIPING CATHODIC PROTECTION PLAN & NOTES JANUARY 26, 1954 OF Revisions Y CI INCORPORATED S Record Drawings CALIFORNIA T ITA MILP 70 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 8/15/24 JAW 8/15/24 8/15/24 DJAJDH Lyhak Eam 2/7/2025

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HWL 14 CP-2 BACKWASH TANK CATHODIC PROTECTION PLAN & SECTION JANUARY 26, 1954 OF Revisions Y CI INCORPORATED S Record Drawings CALIFORNIA T ITA MILP 70 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 8/15/24 JAW 8/15/24 8/15/24 DJAJDH Lyhak Eam 2/7/2025

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15 CP-3 STORAGE TANK CATHODIC PROTECTION SCHEMATIC & DETAILS 1 JANUARY 26, 1954 OF Revisions

Y CI INCORPORATED
S Record Drawings CALIFORNIA
T
ITA
M
ILP 70 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 8/15/24 JAW 8/15/24 8/15/24 DJAJDH Lyhak Eam 2/7/2025

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16 CP-4 STORAGE TANK CATHODIC PROTECTION DETAILS 2 JANUARY 26, 1954 OF Revisions

Y CI INCORPORATED
S Record Drawings CALIFORNIA
T
ITA
M
ILP 70 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 8/15/24 JAW 8/15/24 8/15/24 DJAJDH Lyhak Eam 2/7/2025

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17 CP-5 STORAGE TANK CATHODIC PROTECTION DETAILS 3 JANUARY 26, 1954 OF Revisions

Y CI INCORPORATED
S Record Drawings CALIFORNIA
T
ITA
M
ILP 70 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 8/15/24 JAW 8/15/24 8/15/24 DJAJDH Lyhak Eam 2/7/2025

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18 CP-6 YARD PIPING CATHODIC PROTECTION DETAILS 1 JANUARY 26, 1954 OF Revisions

Y CI INCORPORATED
S Record Drawings CALIFORNIA
T
ITA
M
ILP 70 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 8/15/24 JAW 8/15/24 8/15/24 DJAJDH Lyhak Eam 2/7/2025

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SECTION AE/AIT-282 AE/AIT-283 AE/AIT-281 CHEMICAL FEED BUILDING PLAN AND SECTIONS PLAN 23 M01 SECTION JANUARY 26, 1954 OF Revisions Y CI INCORPORATED S Record Drawings CALIFORNIA T ITA MILP 70 6800 Koll Center Parkway Suite 150 Pleasanton, CA 94566 (925) 426-2580 FAX (530) 756-5991 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 No. C60930 DETAIL VENTILATION AND INDOOR AIR QUALITY CALCULATIONS 2/6/2025 Lyhak Eam 2/7/2025

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FE-271 PLAN FILTER VESSEL PLAN & SECTIONS 24 M02 JANUARY 26, 1954 OF Revisions Y CI INCORPORATED S Record Drawings CALIFORNIA T ITA MILP 70 6800 Koll Center Parkway Suite 150 Pleasanton, CA 94566 (925) 426-2580 FAX (530) 756-5991 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 No. C60930 SECTION SECTION 2/6/2025 Lyhak Eam 2/7/2025

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PLAN PLAN PLAN DETAIL CHEMICAL FEED SYSTEM PLANS AND DETAILS 27 M05 JANUARY 26, 1954 OF Revisions Y CI INCORPORATED S Record Drawings CALIFORNIA T ITA MILP 70 6800 Koll Center Parkway Suite 150 Pleasanton, CA 94566 (925) 426-2580 FAX (530) 756-5991 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 No. C60930 2/6/2025 Lyhak Eam 2/7/2025

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WELL HEAD PLAN AND SECTIONS 30 M08 JANUARY 26, 1954 OF Revisions Y CI INCORPORATED S Record Drawings CALIFORNIA T ITA MILP 70 6800 Koll Center Parkway Suite 150 Pleasanton, CA 94566 (925) 426-2580 FAX (530) 756-5991 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 No. C60930 PLAN SECTION SECTION SECTION 2/6/2025 Lyhak Eam 2/7/2025

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SEAL PLATE DETAIL JANUARY 26, 1954 OF Revisions Y CI INCORPORATED S Record Drawings CALIFORNIA T ITA MILP 70 6800 Koll Center Parkway Suite 150 Pleasanton, CA 94566 (925) 426-2580 FAX (530) 756-5991 McCANDLESS WELL FACILITY PROJECT NO. 7076 7076 No. C60930 DETAIL WELL HEAD DETAILS 31 M09 2/6/2025 Lyhak Eam 2/7/2025

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38077.00180\29080232.10
-145-

TECHNICAL SPECIFICATIONS

TABLE OF CONTENT
DIVISION 1 – GENERAL REQUIREMENTS
01110 Summary of Work
01140 Work Coordination and Constraints
01310 Project Meetings
01330 Submittals
01340 Requests for Information and Clarifications
01400 Construction Staking
01500 Construction Facilities and Utilities
01560 Environmental Controls
01600 Materials and Equipment
01610 Seismic Anchorage and Bracing
01611 Seismic Design Requirements
01770 Contract Closeout Procedures
01780 Record Documents
01782 Operation and Maintenance Information
01810 Starting and Adjusting
01820 Training
01825 Equipment and System Testing
01890 Restoration of Improvements
01999 Reference Forms
DIVISION 2 – SITE WORK
02071 Geotextile Fabric
02085 Precast Concrete Utility Structures
02300 Earthwork
02740 Asphalt Paving
02821 Chain Link Fences and Gates
DIVISION 3 – CONCRETE
03301 Cast-in-Place Concrete
03600 Grout
DIVISION 4 – MASONRY
04200 Concrete Masonry Units
DIVISION 5 – METALS
05300 Metal Decking
05500 Miscellaneous Metal
05501 Anchor Bolts
05550 Prefabricated Metal Roof Trusses

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38077.00180\29080232.10
-146- DIVISION 1 – GENERAL REQUIREMENTS
DIVISION 6 – WOOD AND PLASTICS
06200 Finish Carpentry
DIVISION 7– THERMAL AND MOISTURE PROTECTION
07210 Thermal Insulation
07260 Vapor Retarders
07411 Metal Roofing Panels
07600 Flashing and Sheet Metal
07900 Sealants and Caulking
07910 Preformed Joint Fillers
DIVISION 8 – DOORS AND WINDOWS
08110 Metal Doors and Frames
08710 Finish Hardware
DIVISION -9 – FINISHES
09290 Gypsum Board
09900 Coating Systems
09960 High Performance Coatings
DIVISION 10 – SPECIALTIES
10200 Safety and Signage
10520 Fire Protection
DIVISION 11 – EQUIPMENT
11000 General Requirements for Equipment
11002 Equipment Mounting
11060 Electric Motors
11342 Submersible Well Pump
11364 Centrifugal Water Pump
11380 Chemical Feed Equipment
11475 Air Compressor Unit
11500 Disinfection
DIVISION 12 – FURNISHINGS
12350 Laboratory Casework
DIVISION 13 – SPECIAL CONSTRUCTION
13111 Galvanic Cathodic Protection for Buried Pipes
13112 Tank Internal Cathodic Protection System
13208 Welded Steel Tank
13216 Chemical Storage Tanks
13224 Pressure Filter
13237 Fiberglass Reinforced Plastic (FRP) Grating

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-147- DIVISION 1 – GENERAL REQUIREMENTS
DIVISION 15 – MECHANICAL
15050 Piping Systems
15060 Pipe Hangers and Supports
15076 Piping and Valve Identification Systems
15097 Seismic Restraints for Piping
15110 Valves and Appurtenances
15400 Building and Plumbing Fixtures
15736 Self-Contained Air-Conditioning Units
15805 Ventilation Equipment
15951 Testing Gravity Flow Pipelines
15996 Testing Pressure Piping
DIVISION 16 – ELECTRICAL
16010 Electrical
16110 Conduit, Boxes & Grounding
16120 Wire, Fuses & Terminal Blocks
16250 Automatic Transfer Switch
16426 Main Switchboard
15470 Panelboard and Panelboard Transformer
16480 Motor Control Center
16481 Variable Frequency Drive
16605 Electrical System Analysis
16915 Control Strategies
16940 Instrumentation

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West Yost – February 2025 Signature Page City of Milpitas 270-30-23-22 Well Upgrades Program
McCandless Well Facility

MCCANDLESS WELL FACILITY
Stamps
2/6/2025
02/06/25
CITY PROJECT NO. 7076
Design Team Names and Addresses
Civil and Mechanical Engineer:

Jeff Wanlass
West Yost Associates
2020 Research Park Drive, Suite 100
Davis, CA 95618
(530) 756-5905
[email protected]
Corrosion Engineer:

J. Darby Howard Jr.

JDH Corrosion
1100 Willow Pass Court
Concord, CA 94520
(925) 927-6630
Architect/Structural Engineer:

Tim Elliott
PASE
2633 Camino Ramon, Suite 500
San Ramon, CA 94583
(408) 957-9220
[email protected]
Electrical Engineer:

Sharon Kimizuka
ATEEM
3841 North Freeway Blvd. Suite #145
Sacramento, CA 95834
(916) 457-8144
[email protected]
[email protected]

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West Yost – December 2024
270-30-23-22
01110 - 1
Summary of Work
City of Milpitas
WellUpgrades Program
McCandless Well Facility
SECTION 01110

SUMMARY OF WORK
PART 1 - GENERAL

1.01 SECTION INCLUDES
A. The section provides a general description of the Project and the Work to be performed by the Contractor. Refer to other sections of the Contract Documents and the technical specifications for more detailed scope of the Work. The following is a general project description:

1. The work consists of construction of the McCandless Well Facility that will pump and treat water from the McCandless Well for iron, manganese, and arsenic removal. The work includes installation of a 400 gallon per minute submersible well pump, a pressure filter and associated equipment, chemicalstorage and feed equipment, a 48,000-gallon welded steel backwash water holding tank, a building to house the chemical and electrical equipment, piping, valves, instrumentation, and controls, as described within the Contract Specifications and Drawings.

1.02 REFERENCED SECTIONS
A. None

1.03 WORK COVERED BY CONTRACT
A. The Work covered under this Contract will be performed at the municipal well site on the City’s McCandless Park. The address of the site is 1660 McCandless Drive, Milpitas, California. The project location is indicated on the Drawings.

B. The Work to be performed by the Contractor generally includes:

1. Furnishing all labor, superintendence, materials, power, water, tools, equipment and services required by the Contract Documents or required to complete the Work.

2. Coordinating work of all trades.

3. Furnishing and installing miscellaneous items incidental to or necessary for completion of the Work, whether these items are specifically indicated in the Contract Documents or not.

C. The Work components consist of, but are not limited to, the following items:

1. A submersible well pump and motor, VFD, and discharge and flushing piping, fittings, and valves for an existing 16-inch diameter well.

2. A granular media filter in a vertical pressurized filter.

3. A surface wash pump station and air compressor/receiver unit for filter operation.

4. Chemical storage and feed systems, including chemical transfer pumps, day tanks, chemical metering pumps, piping, valves, fittings, water quality analyzers, and associated appurtenances.

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City of Milpitas
WellUpgrades Program
McCandless Well Facility

5. A nominal 48,000-gallon welded steel backwash water holding tank.

6. Process piping, storm inlets and piping, sewer manholes and piping, and site utilities.

7. Connections to existing park utilities, including connections to electrical and communications facilities, storm drain manhole and storm drain, sanitary sewer, and potable water pipes.

8. Concrete equipment and housekeeping pads.

9. Electricalservice and equipment.

10. Site lighting.

11. Instrumentation.

12. A supervisory control and data acquisition (SCADA) system, including programmable logic controllers (PLCs).

13. A CMU building with an electrical room and a chemical room; including HVAC, plumbing, lighting, lab bench and sink, mop sink, hose bib and rack, an emergency eyewash and shower station, chemical containment sumps, fire walls for incompatible chemical systems separation, and doors and hardware.

14. Painting and finishes.

15. Asphalt concrete paving, concrete valley gutter, and associated site work.

16. Chain-link fence with automatic gates and mow band.

1.04 OTHER CONTRACTS
A. The City may be undertaking other projects at the facility site simultaneously with the Work to be completed under this project. Coordination with the contractors undertaking related work or un-related work within the plant is the responsibility of the Contractor.

B. There are two other construction projects currently scheduled in the immediate vicinity of the Well Facility Project:

1. Large Dog Park Play Area: The construction of the large dog park area, located north of the project site, may overlap with the development of the Well Facility.

This area is currently designated as a staging area for the well project. Future coordination with other contractors may be required.

2. Pedestrian Bridge: The City is also planning constructing a pedestrian bridge north of the Well Facility project. The bridge will span East Penitencia Channel.

Interference with the Well Facility construction should be minimal, but some coordination may be required, particularly during any discharges from the well into the storm drain system.

1.05 SPECIFICATION LANGUAGE
A. Specifications may be written in the imperative mood in streamlined form in accordance with practices and principals of the Construction Specifications Institute.

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City of Milpitas
WellUpgrades Program
McCandless Well Facility
B. Imperative language is directed to the Contractor unless specifically noted otherwise.

C. The words “shall be” are included by inference where a colon (:) is used within sentences or phrases.

1.06 REGULATORY REQUIREMENTS
A. Comply with all Federal, State, and local laws, regulations, codes, and ordinance applicable to the work.

B. References in the Contract Documents to local codes shall mean those of City of Milpitas and Santa Clara County, California.

C. Other standards and codes that apply to the work are designated in the Specifications.

1.07 ACCESS BY GOVERNMENT OFFICIALS
A. Authorized representatives of governmental agencies shall have access to the work area at all times. Provide proper facilities for access and inspection.

1.08 PROTECTION OF PUBLIC AND PRIVATE PROPERTY
A. Pipeline construction will encounter numerous existing features of various types, such as fences, drain culverts, irrigation facilities, roadside drainage facilities, mailboxes, signs, private and public driveways, curbs, asphalt pavement, buildings, utility poles, guy wires and other surface structures. Contractor shall protect existing features of this nature and all features affected by construction operations shall be restored to their original condition.

B. To the greatest extent possible, remove existing features without damaging the materials and re-use the material to place back in the original condition. When existing features are damaged during removal, install new materials of similar type, appearance and function, at no additional cost to the City.

C. Contractor shall be responsible for all damage to streets, roads, driveways, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, that may be caused by transporting equipment, materials, or workers to or from the work or any part or site thereof, whether by Contractor or Contractor’s subcontractors or suppliers.

D. Keep fire hydrants and water control valvesfree from obstruction and available for use at all times.

PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)

END OF SECTION

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270-30-23-22
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City of Milpitas
WellUpgrades Program
McCandless Well Facility
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West Yost – December 2024
270-30-23-22
01140 - 1
Work Coordination and Constraints
City of Milpitas
WellUpgrades Program
McCandless Well Facility
SECTION 01140

WORK COORDINATION AND CONSTRAINTS
PART 1 - GENERAL

1.01 SECTION INCLUDES
A. Schedule requirements, construction constraints, and interface with existing facilities.

1.02 REFERENCED SECTIONS
A. The following Section is reference in this Section

1. General Conditions
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION

3.01 GENERAL
A. Schedule and coordinate the overall Work and construction operations, including the work of subcontractors and the timely provision of products and supplies.

B. Perform Work in an orderly and logical sequence. Individual specification Sections may identify specific requirements that are related to Work sequence. These types of constraints are not repeated in this Section but shall be followed by the Contractor.

3.02 WORK COORDINATION
A. Connection to Existing Storm Drain System

1. Contractorshall make all connections to existing storm drain system.

2. Contractor shall make all excavations and furnish, install and maintain such shoring, bracing, and sheeting, and all materials necessary for the pipeline and these connections. Provide all materials including for a complete connection to existing manhole and storm drain pipe, and other related work as required for a complete installation, complete in place, ready for operation.

3. Shutdown of the City’s storm drain system will not be required.

B. Connection to Existing Sanitary Sewer System

1. Contractorshall make all connections to existing sanitary sewer system.

2. Contractor shall make all excavations and furnish, install and maintain such shoring, bracing, and sheeting, and all materials necessary for the pipeline and these connections. Provide all materials including for a complete connection to existing sewer pipe, and other related work as required for a complete installation, complete in place, ready for operation.

3. Shutdown of the City’s sewer system will not be required.

C. Connection to Existing Water System

1. Contractor shall make all connections to the existing water system but shall coordinate with the City for operation of existing water valves. Contractor shall

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270-30-23-22
01140 - 2
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City of Milpitas
WellUpgrades Program
McCandless Well Facility
not operate existing water valves. Water valve operation shall be conducted by the City only.

2. Contractor shall make all excavations and furnish, install and maintain such shoring, bracing, and sheeting, and all materials necessary for the pipeline and these connections. Provide all materials including pipe, valves, mechanical couplings, and polyethylene sheets for a complete connection to existing pipe, and other related work asrequired for a complete installation, complete in place, ready for operation.

3. If a shutdown of the City’s water system is required, such operation shall occur only between 9:00 A.M. and 3:00 P.M. during the off-peak water use season during the months of November through April. In preparation of the connection work, proceed according to the following schedule unless otherwise required by the City:
a. Locate, identify material, and general condition of existing water mains and other underground utilities by potholing or excavation prior to ordering connection pieces. Notify the Construction Inspector of any apparent conflicts with the new work.
b. Complete all excavations and expose existing pipe in the area of the water main connections.
c. Provide all materials, equipment, temporary pumping equipment, and supplies approved by City and ready for installation.
d. Isolate the work area with barricades and other traffic control devices.

Provide continuous traffic access around the work area at all times. e. Install temporary backflow device (construction check). f. After connections are completed and tested, backfill all trenches with aggregate base and provide temporary paving.
g. After improvements are completed and tested, restore full water system operation. Miscellaneous cleanup and other minor work may be delayed beyond restoration of water service. However, in no event shall work be delayed beyond the allowed work period.

4. Coordinate connections with City staff; provide prior notice for the need to complete a water connection. Notify the City of any shutdown 2 weeks, 1 week, and 24 hoursin advance of any proposed shutdown. Schedule and coordinate the necessary shutdown of the existing water facilities with the City, the shutdown shall be held to a minimum and the Contractor shall have all materials required for the work at the job site prior to requesting the shutdown.

3.03 WORK CONSTRAINTS
A. Work Hours: See General Conditions, Article 28 for work hour constraints.

END OF SECTION

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WellUpgrades Program
McCandless Well Facility
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West Yost – December 2024
270-30-23-22
01310 - 1
Project Meetings
City of Milpitas
WellUpgrades Program
McCandless Well Facility
SECTION 01310

PROJECT MEETINGS
PART 1 - GENERAL

1.01 SECTION INCLUDES
A. Requirements for calling for and conducting meetingsfor the Work.

1.02 REFERENCED SECTIONS
A. The following Sections are referenced in this Section

1. None

1.03 GENERAL
A. Project meetings and conferences are an important administration and communication requirement of all project participants. Meetings will be conducted throughout the course of the construction to address issuesrelated to the Work, review and coordinate progress of the Work, and to discuss other matters of common interest to project participants.

B. Meeting and conference locations and qualified participants will be determined by the Engineer and the Contractor based on the meeting agenda topics.

1.04 PRECONSTRUCTION CONFERENCE
A. Prior to the start of construction, the Engineer will schedule a meeting of the Contractor, City, and their respective representatives. The general purpose of the meeting will be to establish working relationships, begin coordination of construction matters, discuss the Work, and to review the pertinent features of the Contract.

B. The agenda for the meeting will cover at least the following items, a more detailed agenda will be distributed at the meeting:

1. Organization of the Contractor's forces and personnel, including subcontractors and materials suppliers.

2. Lines of authority and channels and procedures for communication.

3. Contractor’s construction schedule, including sequence of critical work.

4. Processing of shop drawings and other data that will be submitted to City for review.

5. Processing of change order requests and monthly applications for payment.

6. Proceduresfor quality control, housekeeping and related matters.

C. Contractorshould be prepared to discussthe following topics:

1. Preliminary construction schedule and critical path.

2. Schedule of submittals and submittals needing short turn-around times.

3. Schedule of Values for construction payments.

4. Critical work sequencing.

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5. Plans for mobilization, arrangement and use of staging and storage areas, use of site, location and arrangement of field offices, and site security.

D. Minutes of Meeting

1. The Engineer will compile minutes of the meeting and distribute copies to all participants.

1.05 PROGRESS MEETINGS
A. Unless otherwise arranged, there will be a weekly progress meeting at a time and at an on-site location that is mutually agreed upon between the Contractor, Engineer and City.

1. Meetings are to enable orderly project review during the progress of work.

2. Engineer, City, Contractor’s Superintendent, representatives of subcontractors, suppliers’ representatives as may be needed, other Contractors working at the site, and other parties shall attend these meetings.

3. Engineer will preside over the meeting and will compile and distribute minutes of the meeting.

B. The purpose of the weekly meetings is to coordinate the efforts of all concerned to result in smooth and coordinated progress towards completion of the overall project.

C. Contractor shall bring to each weekly meeting the updated 3-week “look ahead” schedule.

D. The Contractor will be required to address the following items at the weekly meeting:

1. Work completed last week.

2. Work anticipated next week.

3. Log of submittals and Requests for Information.

4. Contract document deficiencies or questions noted during prior week.

5. Schedule status and corrective measures and procedures that are planned to place the project back on schedule, if such action is necessary.

6. Report of any accidents, and any site safety issues that need to be addressed.

E. Other agenda items to be discussed include:

1. Review and revise as necessary and approve minutes of previous meetings.

2. Status of Requests for Information, Change Order Requests, submittals and shop drawings.

3. Identify problems that impede planned progress.

4. Other current business pertaining to the Work.

F. Revision of Minutes

1. Unless published minutes are challenged in writing prior to the next regularly scheduled progress meeting, they will be accepted as properly stating the activities and decisions of the meeting.

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2. Persons challenging published minutes shall reproduce and distribute copies of the challenge to all indicated recipients of the particular set of minutes.

3. Challenge to minutesshall be settled as priority item of "old business" at the next regularly scheduled meeting.

1.06 SUBMITTAL MEETINGS
A. When required in the individual technical specification, or if requested by the Contractor or the Engineer, a meeting regarding a required submittal will be held to facilitate the timeliness of the submittal preparation and review process.

1.07 SPECIAL MEETINGS
A. Any time during progress of the Work, the City shall have the authority to require the Contractor and any subcontractor, suppliers, or service providers to attend job-site conferences on matters which require immediate or special attention. Any notice ofsuch conference shall be duly observed and complied with by the Contractor and subcontractors, suppliers, or service providers without extra cost to the City.

PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)

END OF SECTION

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SECTION 01330

SUBMITTALS
PART 1 - GENERAL

1.01 SUMMARY
A. Requirements for the submittal of information that will enable determination of whether the Contractor’s proposed materials, equipment or methods of work are in general conformance to the design concept and in compliance with the Contract Documents.

B. Furnish drawings, specifications, descriptive data, certificates, samples, test results, methods, schedules, manufacturer's installation instructions and other information as indicated.

C. Refer to Section 16010 – Electrical for additional submittal requirements for Electrical and Instrumentation equipment.

1.02 REFERENCED SECTIONS
A. The following Sections are referenced in this Section

1. General Conditions

2. Section 16010 – Electrical

1.03 CONTRACTOR'S RESPONSIBILITIES
A. Contractor shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the materials and equipment incorporated into the Work, or the methods of performing the Work shall be as described in the accepted submittals.

B. Verify that all features of all products conform to the specified requirements. Submittal documents shall be clearly edited to indicate only those items, models, or series of equipment that are being submitted for review. Extraneous materialsshall be crossed out or otherwise obliterated.

C. Coordinate submittals among subcontractors and suppliers. Ensure that there is no conflict with other submittals and notify the City in each case where his submittal may affect the work of another contractor or the City, including those submittals complying with unit responsibility requirements specified in applicable technical sections.

D. Coordinate submittals with the Work so that work will not be delayed. Coordinate and schedule different categories of submittals, so that one will not be delayed for lack of coordination with another. No extension of time will be allowed because of failure to properly schedule submittals.

E. Do not proceed with work related to a submittal until the submittal process is complete and the submittal has received a response "No Exceptions Taken" or "Make Corrections Noted."

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F. Certify on each submittal document that the Contractor has reviewed the submittal, verified field conditions, and complied with the contract documents.

1. Include a copy of the specification section with addendum updates, all referenced and applicable sections, and each paragraph check-marked to indicate specification compliance or marked to indicate requested deviations from specification requirements.
a. Use check marks () to denote full compliance with a paragraph as a whole.
b. If deviations from the specifications are indicated and, therefore requested by the Contractor, underline each deviation and denote by a number in the margin to the right of the identified paragraph. c. The remaining portions of the paragraph not underlined will signify compliance on the part of the Contractor with the specifications. d. Include a detailed, written justification for each deviation.

2. Failure to comply with this paragraph is sufficient cause to reject the entire submittal.

1.04 REVIEW COSTS
A. The City’s cost for review of submittals for the same proposed materials, equipment or work will be apportioned as follows:

1. The cost of review of the initial submittal and the first revised submittal will be borne by the City.

2. The cost to review all additional revised submittals after the first revised submittal will be charged to the Contractor. The cost of review shall include, without limitation, administrative, design and engineering activities directly related to review of submittals.

1.05 SUBMITTAL INDEX
A. Submit a List of Project Submittals, in accordance with the requirements in the General Conditions, Article 15.

B. Update and resubmit the submittal index on a monthly basis where additionalsubmittals are identified, or as necessary

1.06 CATEGORIES OF SUBMITTALS
A. General

1. Submittals fall into two general categories;
a. Submittals for review and comment require action by the Engineer. b. Submittals that are primarily for information only do not require Engineer’s approval.

B. Submittals for Review and Comment

1. Transmit submittals for review and comment to the City. The Engineerwillreview the submittal for compliance with the Contract requirements and will provide written comments regarding acceptability.

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C. Submittalsfor Information Only

1. Where specified, furnish submittalsto the City for information only. The Engineer may, at the Engineer’s option, review and comment on any product data.

2. Incomplete or inadequate product data will be returned to the Contractor for resubmittal.

1.07 TRANSMITTAL PROCEDURE
A. General

1. Transmit submittals regarding material and equipment under cover of the City’s Standard Cover Sheet. See sample in Appendix A.

2. Use a separate cover sheet for each specific item, class of material, equipment, and items specified in separate, discrete sections, for which the submittal is required.

3. Identify submittal documents common to more than one piece of equipment with all the appropriate equipment numbers.

4. Make submittalsfor variousitems with a single coversheet when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole.

5. Assign a unique sequential number on the transmittal form accompanying each item submitted.
a. Use the following format for original submittal numbers: "XXX"; where "XXX" is the sequential number assigned by the Contractor. b. Use the following format for resubmittals: "XXX-Y"; where "XXX" is the originally assigned submittal number and "Y" is a sequential letter assigned for resubmittals, i.e., A, B, or C being the 1st, 2nd, and 3rd resubmittals, respectively. Submittal 25B, for example, is the second resubmittal of submittal 25.

B. Electronic Submittals

1. Submittals should be submitted electrically to the City, unless otherwise specified.

2. Prepare electronic submittals and Shop Drawings in electronic (*.pdf) format including half-sized and full-sized drawings, catalog information and other required submittal information.

3. Break down submittals that are larger than 10 megabytes into smaller sections, using logical division points to create sections.

4. Electronically bookmark electronic submittals greater than 30 pages in length by major submittal section to facilitate ease of navigation.

C. Paper copy submittals are an acceptable alternative to electronic submittals if the Contractor demonstrates, to the satisfaction of the City, that electronic submittals presents a hardship.

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D. Deviation from Contract

1. If the Contractor proposes to provide material, equipment, or method of work that deviates from the project manual, so indicate under "Proposed Deviations" on the transmittal form accompanying the submittal copies.

E. Submittal Completeness

1. Submittals that do not have all the information required to be submitted, including deviations, are not acceptable and will be returned without review.

1.08 SUBMITTAL CONTENT
A. Prepare submittals in compliance with individual Specification Sections and as indicated herein.

B. Shop Drawings:

1. Develop project-specific, scaled drawings to fully identify materials and products that will be provided and their relationship to other products that will be furnished and installed.

2. Do not utilize reproductions of the Contract Documents as the basis for the submittal.

3. Identify products, assemblies, equipment and systems.

4. Provide equipment identification numbers or tag numbers, wiring diagrams, and setting diagrams.

5. Identify critical dimensions.

C. Product Data:

1. Provide information necessary to demonstrate conformance with the specified requirements. Include performance curves, specifications, and wiring diagrams.

2. Product data may consist of manufacturer’s standard catalog information and data sheets, marked to indicate the specific products that will be provided.

3. Provide supplemental information as necessary to fully demonstrate how products will be modified from the manufacture’s standard products to meet the specification requirements.

D. Manufacturer’s Instructions: Written or published information that establishes the manufacturer’s recommendations, guidelines and procedures for handling and installation of products, equipment and assemblies.

E. Samples: Mount, display or package samples in a manner that will facilitate review and establish workmanship and quality of materials.

1.09 SUBMITTAL REQUIREMENTS
A. When the Contract Documents require a submittal, submit the specified information as follows:

1. Submittals for Review and Comment:
a. Electronic Submittal: Submit one electronic (*.pdf)submittal.

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b. Paper Copy Submittal: If paper copy submittals are required and acceptable to the Engineer, submit two (2) copies of submitted information plus one reproducible original for review unless otherwise specified.

2. Submittalsfor Information Only:
a. Electronic Submittal: Submit one electronic (*.pdf)submittal. b. Paper Copy Submittal: If paper copy submittals are required and acceptable to the Engineer, submit two (2) copies of submittal information for review, unless otherwise specified.

1.10 REVIEW PROCEDURE
A. General

1. The Engineer will review submittals within the processing time identified in paragraph “Processing Time” and return:
a. Electronic Submittal – a signed submittal response document, in (*.pdf) format.
b. Paper Copy Submittal – One marked up copies of the submitted copies.

The reproducible original will be retained by the Engineer.

B. Submittals for Review and Comment

1. The returned submittal will indicate one of the following actions:
a. "NO EXCEPTIONS TAKEN" – The material, equipment or work method complies with the project manual.
b. "MAKE CORRECTIONS NOTED" – Limited corrections are required. 1) Provide a corrected copy where:
a) The information is to be included in the O&M data.
b) If requested by the Engineer.
c. "REVISE AND RESUBMIT" – The submittal is insufficient or contains incorrect data.
d. "SUBMIT SPECIFIED ITEM" – The material, equipment, or work method does not comply with the project manual and isrejected. Submittals with deviations that have not been identified clearly may be rejected.

2. Forsubmittals marked "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED”. a. The Contractor may begin implementing the work method or incorporating the material and equipment covered by the submittal in accordance with any noted corrections.

3. Forsubmittals marked " REVISE AND RESUBMIT" or "SUBMIT SPECIFIED ITEM" a. Contractor shall provide a typed letter responding to each of the Engineer’s review comments with each resubmittal.
b. Except at its own risk, the Contractorshall not undertake the work covered by such submittals until a new submittal issubmitted and returned marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED".

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C. Submittalsfor Information Only

1. The returned submittal will indicate “ACCEPTED FOR RECORD” if the submittal is complete and adequate.

2. City may return comments on information submittals to identify concerns with whatwassubmitted, in such case, Contractorshall address concerns in writing and return a revised submittal.

1.11 PROCESSING TIME
A. Prepare submittals and transmit to City in sufficient time to allow Engineer’s review; manufacture, fabrication or assembly of materials and systems; and shipping of material to the site in time for installation in accordance with the Contractor’s schedule.

B. Engineer’s time for review will begin upon receipt of a complete and comprehensive submittal containing all required information.

C. Engineer will review submitted information and transmit a response to Contractor within 15 working days after receipt, subject to the following:

1. In some instances, review times for specific submittals may be modified by the individual specification Section.

2. Resubmittals will be subject to the same review time.

D. No adjustment of Contract Time or Contract Price will be allowed due to delays in the progress ofthe Work that are caused by rejected submittals and subsequentresubmittals.

1.12 EFFECT OF REVIEW OF CONTRACTOR'S SUBMITTALS
A. The purpose of submittals is to demonstrate how Contractor intends to conform to the Contract Documents and design concepts. Engineer is entitled to rely upon the accuracy and completeness of designs, calculations, or certifications made by licensed professionals whether or not a stamp or seal is required by the Contract Documents.

B. The review procedure is based on the Contractor's guarantee that all features and characteristics not requiring submittals conform to the contract documents.

C. Review of contract drawings, methods of work, or information regarding materials or equipment the Contractor proposes to provide, does not relieve the Contractor of its responsibility for

1. Fulfilling the requirements of the Contract,

2. Proper operation of the equipment,

3. Correction of defective work
D. Reviews shall not be regarded as an assumption of risk or liability by the Engineer or the City.

E. A mark of "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED" means that the City has no objection to the Contractor, upon its own responsibility, using the plan or method of work proposed, or providing the materials or equipment proposed.

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F. The Engineer's review of shop drawings, samples, or test procedures will be only for conformance with design concepts and for compliance with information given in Contract Documents. The Engineer's review does not extend to:

1. Accuracy of dimensions, quantities, or performance of equipment and systems designed by Contractor.

2. Contractor's means, methods, techniques, sequences, or procedures except when specified, indicated on the Drawings, or required by Contract Documents.

3. Safety precautions or programs related to safety which shall remain the sole responsibility of the Contractor.

G. Review of a separate item does not indicate approval of the assembly in which the item functions.

1.13 SUBSTITUTIONS OR “OR EQUAL” ITEMS
A. Named or Sole Source Times

1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function, and quality required.

2. Unless the name designated a “sole source” and/or is followed by words indicating that no substitution is permitted, materials, or equipment of other Suppliers may be accepted by Engineer if sufficient information is submitted by Contractor to allow Engineer to determine that the material or equipment proposed is equivalent or equal to that named.

B. Initiating Substitution Request

1. To propose to furnish or use a substitute item of material or equipment, Contractor shall use the Proposed “Or Equal” Substitution Submittal Transmittal Form found in Section 01999.

2. Submit the Substitution Submittal form to the City for acceptance, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified.

3. State that the evaluation and acceptance of the proposed substitute will not prejudice Contractor’s achievement of Substantial Completion on time, whether acceptance of the substitute for use in the Work will require:
a. A change in any of the Contract Documents (or in the provisions of any other direct contract with City for Work on the Project) to adapt the design to the proposed substitute.
b. Incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty.

4. Identify all variations of the proposed substitution from that specified

5. Identify available maintenance, repair, and replacement service

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6. Provide an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change

7. The City or its representative may require Contractor to furnish at Contractor’s expense additional data about the proposed substitute.

8. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may propose to furnish or utilize a substitute means, method, sequence, technique or procedure of construction. Submit sufficient information to allow Engineer to determine that the proposed substitution is equivalent to that indicated or required by the Contract Documents.

C. Review Procedure

1. The procedure for review of substitutions by Engineer will be similar to that provided in this Section.

2. Requestsfor substitutions may only be submitted by the Contractor.

3. All requests for substitution shall be submitted within thirty (30) calendar days after the date of Notice to Proceed unless the City has agreed in writing to a later submittal date and the Contractor agrees to comply with all conditions of the City for the late submittal.

4. The City’s agreement to a later submittal date shall not be construed as favorable review or acceptance of the proposed “or equal” substitution.

5. The Engineer will respond to all requests for substitutions within fifteen (15) working days following receipt of an acceptable substitution submittal, unlessthe Engineer notifies the Contractor within ten (10) working days after receipt of the proposed “or equal” substitution submittal that more time is needed to complete a thorough review.

6. The City will be the sole judge of acceptability, and no proposed “or equal” substitution item or service will be ordered, installed or utilized without Engineer’s prior written acceptance that will be evidenced by either a Change Order or an accepted Shop Drawing.

7. As a condition of acceptance, the City may require Contractor to furnish, at Contractor’s expense, a special performance guarantee or other surety with respect to a proposed “or equal” substitution item or service.

D. Modification due to Substitutions

1. All costs for redesign required by the implementation of the proposed substitute shall be borne by the Contractor.

2. All costs associated with incorporating a substitution into the project shall be borne by the Contractor.

END OF SECTION

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Milpitas City CouncilApril 15, 2025

Milpitas City Council
April 15, 2025