May 6, 2025 Milpitas City Council Agenda Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
AGENDA
TUESDAY, MAY 6, 2025
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 5:30 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:
Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
* 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_WnBmVH_4RjOcU1kBGLt6mA NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.
MILPITAS CITY COUNCIL CODE OF CONDUCT
• Be respectful and courteous (words, tone, and body language). • Model civility.
• Avoid surprises.
• Praise publicly and criticize privately.
• Focus on the issue, not the person.
• Refrain from using electronic devices while on the Council dais. • Disclose conflicts of interest and affiliations related to agenda items. • Separate governing from campaigning.
• The Council speaks with one voice after making policy on issues. • Respect the line between policy and administration.
• Council will hold one another accountable to comply with this Code of Conduct.
May 6, 2025 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (5:30 PM)
ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency’s Designated Representative(s): Rick Bolanos, Liebert Cassidy Whitmore Employee Organization(s): Professional and Technical Employees, Mid-Management and Confidential Employees, Milpitas Employees Association, Unrepresented Employees (b) PUBLIC EMPLOYEE APPOINTMENT AND HIRING
Pursuant to Government Code Section 54957(b)(1)
Employee Position: City Attorney
(c) PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)(1)
Employee Position: Acting City Attorney
(d) CONFERENCE WITH LEGAL COUNSEL
Pursuant to Government Code Section 54956.9(d)(1)
Existing Litigation: City of Milpitas vs Dominic Chang et al., Santa Clara County Superior Court Docket 24-CV-450646
CLOSED SESSION ANNOUNCEMENT:
Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.
PLEDGE OF ALLEGIANCE
INVOCATION (Vice Mayor Barbadillo)
PRESENTATIONS (7:05 PM)
● Building Safety Month (Proclamation)
● Older Americans Month (Proclamation)
PUBLIC FORUM (7:15 PM)
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.
As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS
READING OF THE CITY COUNCIL CODE OF CONDUCT
APPROVAL OF AGENDA
CONSENT CALENDAR (7:20 PM)
May 6, 2025 Milpitas City Council Agenda Page 3
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.
C1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Recommendation: Receive City Council Calendar of Meetings for 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 2 and 15, 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. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Carmen Montano, 408-586-3024)
Recommendation: Receive recommendations from Mayor Montano and approve recommendations for appointments to City Commissions.
C6. Adopt a Resolution and Increase Appropriation for the Annual Regional Wastewater Facility O&M and CIP Payments to the City of San Jose by $2,027,512 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: Adopt a resolution and increase the appropriation for the Annual Wastewater Facility O&M and CIP Payments to the City of San Jose by $2,027,512.
C7. Approve an Amendment to the Professional Services Agreement with Lisa Wise Consulting, Inc. for the Comprehensive Zoning Ordinance Update (Staff Contacts: Holly Pearson, Senior Special Projects Associate, 408-609-0072; and Jay Lee, Planning Director, 408-586-3077) Recommendation: Approve and authorize the City Manager, or designee, to execute an amendment to the professional services agreement with Lisa Wise Consulting, Inc. in the amount of $6,870 for the Comprehensive Zoning Ordinance Update project.
C8. Waive the Second Reading and Adopt Ordinance No. 38.857 to Amend Chapter 10, Section 6 of Title XI of the Milpitas Municipal Code Regarding the Establishment of the Neighborhood Commercial Mixed-Use (NCMU) Zoning District and Town Center (TC) Subdistricts, and Amend the Designation of Certain Parcels within the Zoning Map (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Recommendation: (1) Determine that the EIR Addendum and Supplemental Letter to the Addendum properly evaluate the potential environmental impacts of the proposed Zoning Amendments and are in
May 6, 2025 Milpitas City Council Agenda Page 4
compliance with CEQA Guidelines §15162 and §15164, (2) Waive the second reading and adopt Ordinance No. 38.857 approving Zoning Text and Zoning Map Amendment No. ZA24-0001 amending Chapter 10, Section 6 of Title XI of the Milpitas Municipal Code regarding the establishment of the Neighborhood Commercial Mixed-Use (NCMU) Zoning District and Town Center (TC) Subdistricts; and (3) Amend the designation of certain parcels within the Zoning Map.
C9. Adopt a Resolution Designating Street Resurfacing 2025-26, Project No. 4307, to be Funded by California Senate Bill 1 - The Road Repair and Accountability Act of 2017 (Staff Contact:
Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Recommendation: Adopt a resolution designating Street Resurfacing 2025-2026, Project No. 4307, to be funded by California Senate Bill 1 - The Road Repair and Accountability Act of 2017.
C10. Adopt a Resolution Requesting the Allocation, Acceptance and Appropriation of Transportation Development Act Article 3 Funds for the Americans with Disabilities Act Curb Ramp Transition Program, Project No. 4283 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586- 2602; Michael Silveira, City Engineer, 408-586-3303)
Recommendation: (1) Adopt a resolution requesting allocation of Transportation Development Act Article 3 Funding for the City’s Americans with Disabilities Act Curb Ramp Transition Program, Project No. 4283; (2) Authorize the City Manager, or their designee, to negotiate, accept and execute grant agreements and all ancillary documents necessary to execute the respective grant agreements administered by the funding agency, Metropolitan Transportation Commission, in an amount not-toexceed $281,351; and (3) Appropriate $281,351 into the construction phase (Phase 7) for the ADA Curb Ramp Transition Program, Project No. 4283.
C11. Adopt a Resolution to Accept the Improvements, Authorize the City Engineer to File a Notice of Completion and Issue a Notice of Final Acceptance After the One-Year Warranty, and Authorize Design Services Agreement Amendment No. 2 with MNS Engineers, Inc. for Fire Station 1 Pressure Reducing Stations Reconstruction, Project No. 7133 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Recommendation: (1) Adopt a resolution to accept improvements, (2) Authorize the City Engineer to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty; and (3) Approve and authorize the City Manager to execute Amendment No. 2 to the Design Services Agreement with MNS Engineers, Inc. in the amount of $99,651 for Fire Station 1 Pressure Reducing Stations Reconstruction, Project No. 7133.
C12. Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to VSS International, Inc. for Street Sealing Project 2024, Capital Improvement Plan (CIP) Nos. 3424, 3426, 4283, 4305 and 7118; and Approve the Budget Amendment for the Street Resurfacing Project 2023-24, CIP No. 4305 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Recommendation: Adopt a resolution to (1) Approve Project plans and specifications, (2) Authorize the City Manager, or designee, to award and execute the construction contract with VSS International, Inc. in the amount of $3,031,971.04, (3) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $316,000.00 for Street Sealing Project 2024, CIP Nos. 3424, 3426, 4283, 4305 and 7118; and (4) Approve the budget amendment in the amount of $208,372.40 from the California State Bill 1 Road Maintenance and Rehabilitation Account (SB1 RMRA) for the Street Resurfacing Project 2023-24, CIP No. 4305.
May 6, 2025 Milpitas City Council Agenda Page 5
C13. Adopt Resolutions Approving the Annual Engineer’s Report and Declaring Intent to Levy and Collect Assessments for Landscaping and Lighting Maintenance Assessment District No. 95-1 McCarthy Ranch (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Recommendation: (1) Adopt a resolution approving the Annual Engineer’s Report, (2) Adopt a resolution declaring the intent to levy and collect assessments; and (3) Provide notice of a public hearing to be held on June 3, 2025, for Landscaping and Lighting Maintenance Assessment District No. 95-1 McCarthy Ranch.
C14. Adopt Resolutions Approving the Annual Engineer’s Report and Declaring Intent to Levy and Collect Assessments for Landscaping and Lighting Maintenance Assessment District No. 98-1 Sinclair Horizon (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Recommendation: (1) Adopt a resolution approving the Annual Engineer’s Report; (2) Adopt a resolution declaring the intent to levy and collect assessments; and (3) Provide notice of a public hearing to be held on June 3, 2025, for Landscaping and Lighting Maintenance Assessment District No. 98-1 Sinclair Horizon.
C15. Approve and Authorize the City Manager to Execute An Amended and Restated Master Funding Agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority for Bike and Pedestrian Outreach, CIP No. 4306 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Recommendation: Approve and authorize the City Manager to execute an Amended and Restated Master Funding Agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority for Bike and Pedestrian Outreach, CIP No. 4306.
C16. 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.
C17. Adopt a Resolution Approving the Public Art Master Plan (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: Adopt a resolution approving the Public Art Master Plan.
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.
18. Adopt a Resolution Approving the FY 2025-26 Development and Storm Impact Fee Schedule for the Transit Area Specific Plan (TASP) Impact Fee, the Calaveras Boulevard Widening Traffic Impact Fee, and the Storm Drain Fee (Staff Contact: Luz Cofresí-Howe, Finance Director, 408- 586-3111)
May 6, 2025 Milpitas City Council Agenda Page 6
Recommendation: Adopt a resolution approving the FY 2025-26 Development and Storm Impact Fee Schedule for the Transit Area Specific Plan (TASP) Impact Fee, the Calaveras Boulevard Widening Traffic Impact Fee, and the Storm Drain Fee.
19. Introduce an Ordinance to Adopt by Reference the Mapping of Fire Hazard Severity Zones as Issued by the California Department of Forestry and Fire Protection (Staff Contact: Jason Schoonover, Fire Chief, 408-586-2811)
Recommendation: (1) Conduct a public hearing and waive the reading beyond the title; and (2) Introduce Ordinance No. 317 to adopt by reference the mapping of fire hazard severity zones, as issued by the California Department of Forestry and Fire Protection.
20. Consider a Substantial Amendment to the 2022-2025 Consolidated Plan and 2024-2025 Annual Action Plan (Staff Contact: Sarah Balcha, Acting Housing Official, 408-586-3222) Recommendation: (1) Conduct the public hearing; (2) Approve a substantial amendment to the 2022- 2025 Consolidated Plan and the 2024-2025 Annual Action Plan; and (3) Authorize the City Manager, or designee, to make any necessary changes to the Plans.
LEADERSHIP AND SUPPORT SERVICES (9:00 PM)
21. Adopt a Resolution Appointing an Acting City Attorney (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3086)
Recommendation: (1) Adopt a resolution to appoint an Acting City Attorney effective on adoption and continuing until City Council takes further action; and (2) Authorize the City Manager, or designee, to take such other actions as necessary and appropriate to carry out the purpose of this appointment, including establishment of acting pay.
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
May 6, 2025 Milpitas City Council Agenda Page 7
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.
Contact the City Clerk’s Office at 408-586-3001 for more information.
If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
Milpitas City Council Calendar
May 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 5:30 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-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
April 2, 2025 Milpitas City Council Minutes Page 1
SPECIAL MEETING OF THE MILPITAS
CITY COUNCIL
MINUTES
WEDNESDAY, APRIL 2, 2025
The City Council of the City of Milpitas convened in a Special Meeting of the Milpitas City Council on April 2, 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 Special City Council meeting to order at 5:02 PM. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
ABSENT: None
PLEDGE OF ALLEGIANCE
Vice Mayor Barbadillo led the pledge of allegiance.
PUBLIC FORUM
There were no public speakers.
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
Councilmember Chua 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
AGENDA ITEMS
1. Receive Staff Presentations on the Proposed FY 2025-26 Operating and FY 2026-30 Capital Improvement Program Budgets and Provide Feedback to Staff (Staff Contact: Luz CofresíPage 9 of 971 April 2, 2025 Milpitas City Council Minutes Page 2
Howe, Finance Director, 408-586-3111; Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
City Manager Thomas made introductory remarks.
CIP Manager Eam presented the report on the Capital Improvement Program.
Council members asked questions and provided feedback on various aspects of the CIP:
Councilmember Lam inquired about the funding sources for the CIP projects. CIP Manager Eam clarified that $2.46 million comes from the general government CIP fund, while other sources include dedicated funds for specific categories like water, sewer, and streets.
Councilmember Chua asked about the urban search and rescue vehicle. Fire Chief Jason Schoonover explained that the current vehicle is 25 years old and has exceeded industry standards for replacement. He emphasized the importance of the vehicle for earthquake response and technical rescue operations.
Vice Mayor Barbadillo expressed concern about the impact of CIP expenditures on the city's structural deficit. Staff clarified that most CIP funding comes from dedicated sources and does not significantly affect the general fund deficit.
Mayor Montano inquired about various projects, including fire station improvements, public art funding, and the Technology Drive repair project. Staff provided explanations for each item.
The City Council took a break at 6:26 PM and reconvened at 6:47 PM Finance Director Cofresí-Howe presented the report on the Preliminary Operating Budget Study Session.
Council members discussed the proposed reductions and provided feedback:
Councilmember Chua expressed concerns about cuts to community programs, such as youth scholarships, the July 4th event, and recreational swimming. She requested more information on certain items and suggested keeping some programs intact.
Vice Mayor Barbadillo questioned the long-term sustainability of the proposed cuts and asked for more detailed information on potential savings from vacant positions and contract reviews.
Councilmember Lam expressed disappointment that many of the proposed cuts directly affect residents and community services.
Mayor Montano echoed concerns about cutting community services and emphasized the need to focus on reducing costs and increasing revenues through economic development.
After discussion, the council reached a consensus on moving forward with approximately $1 million in reductions, primarily from staffing-related items. They requested staff to explore alternative options for the remaining $500,000 in reductions and to continue discussions on items like crossing guard services.
Staff agreed to provide more detailed information on contracts, vacancies, and potential revenue sources at the next budget study session
April 2, 2025 Milpitas City Council Minutes Page 3
There were the following public speakers:
1. Clint Jackman
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
City Manager Ned Thomas announced that this would be his last council meeting as he is leaving his position.
He thanked the council and staff for their support during his tenure.
ADJOURNMENT
Mayor Montano adjourned the meeting at 8:30 PM.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
April 15, 2025 Milpitas City Council Minutes Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
MINUTES
TUESDAY, APRIL 15, 2025
The City Council of the City of Milpitas convened in a Regular Meeting of the Milpitas City Council on April 15, 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 6:01 PM. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
ABSENT: None
Acting City Attorney Creech briefed the City Council on the Closed Session.
There were no public speakers.
The City Council adjourned to Closed Session at 6:04 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:
The City Council reconvened at 7:17 PM.
Acting City Attorney Creech reported that the City Council selected Deanna Santana as Interim City Manager (Vote: 4-1. Noes: Lien).
PLEDGE OF ALLEGIANCE
Vice Mayor Barbadillo led the pledge of allegiance.
April 15, 2025 Milpitas City Council Minutes Page 2
INVOCATION
Councilmember Chua provided the invocation.
PRESENTATIONS
Mayor Montano, joined by the City Council, presented certificates to the Synopsys Championship Science Fair Winners, and proclamations in recognition of National Public Safety Telecommunicators Week, Earth Day, Arts, Culture & Creativity Month, and American Muslim Appreciation & Awareness Month.
PUBLIC FORUM
There were the following public speakers:
1. Elijah Keyes
2. Voltaire Montemayor
3. Christina Ramos
4. Sreeja Pavuluri
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 was one reportable campaign contribution. Mayor Montano disclosed receiving a $150 campaign contribution in July 2024 from Deanna Santana, who was being considered for the interim city man
READING OF THE CITY COUNCIL CODE OF CONDUCT
Vice Mayor Chua read the City Council Code of Conduct.
APPROVAL OF AGENDA
Councilmember Chua asked to hear Item 17 immediately following the Consent Calendar.
After discussion, motion: to approve the agenda, hearing Item 17 immediately following the Consent Calendar.
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
CONSENT CALENDAR
There were no public comments.
After discussion, motion: to approve the Consent Calendar.
Motion/Second: Councilmember Lien / Vice Mayor Barbadillo Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None
April 15, 2025 Milpitas City Council Minutes Page 3
1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Received City Council Calendar of Meetings for April and May 2025.
2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Approved City Council Special and Regular Meeting minutes of April 1, 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.
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.
5. Authorize and Approve Travel Request for Mayor Montano to Atlanta, GA (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012)
Authorized and approved 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.
6. Adopt a Resolution Releasing Unclaimed Checks with a Value Less than $15 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111)
(1) Adopted Resolution No. 9398 releasing Unclaimed Checks with a value less than $15; and (2) Transferred a total of $308.54 in Unclaimed Checks to the General Fund.
7. Receive and Approve the Calendar Year 2024 Controlled Equipment Annual Report (Staff Contact: Jared Hernanzez, Chief of Police, 408-586-2406) Received and approved the Calendar Year 2024 Controlled Equipment Annual Report.
8. 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)
Approved and authorized 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.
9. 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) (1) Adopted Resolution No. 9399 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
April 15, 2025 Milpitas City Council Minutes Page 4
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.
10. Approve Personnel Realignment to Meet Department Operations (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
(1) Approved 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) Approved 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. Adopted Resolution No. 9400.
11. 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) Adopted Resolution No. 9401 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.
12. 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.
13. 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) Approved 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.
LEADERSHIP AND SUPPORT SERVICES
17. Adopt a Resolution Appointing an Interim City Manager (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086)
Assistant City Manager Cano introduced the item.
There were the following public speakers:
1. Voltaire Montemayor
2. Reed
Councilmember Lien expressed concerns about the cost given the city's budget deficit.
After discussion, motion: to (1) Adopt Resolution No. 9402 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.
Motion/Second: Councilmember Chua / Vice Mayor Barbadillo Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam NOES: Councilmember Lien
April 15, 2025 Milpitas City Council Minutes Page 5
PUBLIC HEARINGS
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)
Assistant City Manager Cano introduced the item. Senior Planner Fossati presented the report.
Mayor Montano opened the public hearing
There were the following public speakers:
1. Ashit G
2. Kiran Karadi
3. Amber Wong
4. Shalini Varma
5. Anoop Prabhu
6. Archana Bhattarai
7. Ankith G.S.
8. Venkatesh Bhattad
9. Padma
10. Vikas
Mayor Montano closed the public hearing.
Jim Sullivan from Pulte Homes provided additional details on the changes and rationale. Several members of the public spoke in opposition, citing concerns about traffic, school overcrowding, and impacts on the neighborhood.
Council members asked questions about traffic impacts, school capacity, noise, and parking. Staff and the applicant addressed these concerns, noting that environmental studies had been done previously and mitigation measures were in place. The school district had indicated they could accommodate new students.
Councilmember Chua disclosed meeting with Jim Sullivan in February. She asked questions of the applicant and staff, and clarified that this project was helping meet the city's affordable housing requirements.
Mayor Montano emphasized the need for housing that teachers and other workers could afford.
After discussion, motion: to (1) Conduct a public hearing; and (2) Adopt Resolution No. 9403 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.
Motion/Second: Councilmember Lien / Councilmember Chua
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None
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
April 15, 2025 Milpitas City Council Minutes Page 6
Center District to Create Housing Opportunity Districts (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Planning Director Lee introduced the item. Principal Planner VanHua and Consultant Chris Sensenig presented the report.
Mayor Montano opened the public hearing.
There were the following public speakers:
1. Johnny Reed
2. Sharmila Vidyadhara
3. Yaohua Li
4. Rajendra Chayapathi
5. Nilam Khacharia
6. Sanket Gandhi
7. Rahul Peravali
8. Prasad Deshpande
9. Sayar Anantapally
10. Manali Desai
11. Sushma Pac
12. Nikunj Vaidya
13. Vijay Kumar Rajendrarad
14. Chandana Rathan
15. John Love
16. Pallavi Pandit
17. Sujita
18. Kalpesh
19. John Paul Duya
20. Jelanie Duya
21. Padma
22. Pranav Bhole
23. Mahesh Patil
24. Ashit Ghovesie
25. Amber Wong
26. Shalini Varma
27. Voltaire Montemayor
28. Milan Shah
29. Member of the public
Mayor Montano closed the public hearing.
Councilmembers asked questions about traffic, school capacity, and potential development timelines.
Staff explained that actual development could take years and would be subject to further review. They emphasized that not approving the plan could lead to loss of local control through "builder's remedy" provisions in state law.
After extensive discussion, the council expressed understanding of community concerns but felt the plan was necessary to maintain local control and meet state requirements.
After discussion, motion: to (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
April 15, 2025 Milpitas City Council Minutes Page 7
to CEQA Guidelines §15162 and §15164, (2) Adopt Resolution No. 9404 approving General Plan Text and Map Amendment No. GP24-0001 to update the Town Center (TWC) and Neighborhood Commercial Mixed-Use (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 MixedUse (NCMU-1,2,3) district and subdistricts, and update the existing Town Center (TC districts to establish the subdistricts (TC-1,2,3).
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
Acting City Attorney Creech announced that it was past 11:00 PM and would require a motion and vote to take up the next agenda item. Councilmember Chua made a motion: to continue past 11:00 PM. The motion was seconded by Councilmember Lien. Upon a call for the vote, there was unanimous support (Vote: 5-0).
COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE
16. Receive a Presentation on the Draft Public Art Master Plan (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recreation Director Lorentzen introduced the item. Consultant Amanda Golden from Designing Local Amanda presented the report.
There were the following public speakers:
1. Voltaire Montemayor
2. Member of the public
3. Member of the public
Councilmember Chua appreciated the incorporation of community feedback and praised the varied projects and themes, particularly those involving practical art installations in parks and public spaces.
Vice Mayor Barbadillo highlighted the importance of art in enriching community life and was keen on seeing wide participation from local artists. Councilmember Lam was eager to see the plan implemented and looked forward to the revitalization it would bring across the community. Mayor Montano noted her previous efforts in establishing the city's art ordinance and supported expanding initiatives that promote and integrate art even further in Milpitas.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Assistant City Manager Cano announced an upcoming community budget town hall and annual commissioners recognition event.
Council Member Chua requested bringing back the posting of colors by Boy Scouts at council meetings.
There was unanimous consent in support of the item.
ADJOURNMENT
Mayor Montano adjourned the meeting at 11:29 PM.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 5/1/2025
May 20, 2025 – Regular Meeting (7:00 PM)
CLOSED SESSION
INVOCATION (Vice Mayor Barbadillo)
PRESENTATION
- Asian American, Native Hawaiian, and Pacific Islander Heritage Month (Proclamation) - Public Works Week – May 18-24, 2025 (Proclamation)
- Employee Recognition (Certificate)
CONSENT CALENDAR
1. Receive City Council calendar for May and June 2025 (City Clerk)
2. Approve City Council meeting minutes of May 6, 2025 (City Clerk)
3. Preview list of items for June 3, 2025 (City Clerk)
4. Councilmember Request List (City Clerk)
5. Commission Appointments (City Clerk)
6. Veterans Commission Term Realignment (City Clerk)
7. 3FQ25 Financial Position (Finance)
8. Fire Hazard Severity Zone Maps - 2nd Reading (Fire)
9. Land Management System Report on Bids (Information Technology)
10. Adopt a Resolution Authorizing the Application to the HOME Investment Partnerships Program grant for $500,000 (Housing)
11. Amendment to TDG Engineering Contract for Main Street Sense of Place Plan (Planning)
12. Amendment to Ascent Contract for Gateway Plan (Planning)
13. Resolution to receive MTC TOC Policy Grant (Planning)
14. Acceptance of Improvements - Chick-fil-A Calaveras at Hillview (Public Works / Engineering)
15. CleanWater1 5-Year Sole Source Agreement (Public Works)
16. Enterprise Lease Agreement (Public Works)
17. Amendment to Agreement with Environmental Systems, Inc., for Repair of City HVAC Systems (Public Works)
18. Emergency Declaration Update - Main Sewer Lift Station Security Measures (Public Works)
PUBLIC HEARINGS
19. Variance for an attached covered deck for a hillside home (Planning)
COMMUNITY SERVICES
20. Pickleball (Recreation)
LEADERSHIP AND SUPPORT SERVICES
21. Quarterly Prioritization (City Manager)
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 Reinstate the posting of the colors by Boy Scouts
at City Council Meetings Chua 4/15/2025
This item is scheduled for consideration in
the next quarterly prioritization update.
2 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.
3 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.
4 Develop a project management informational
memo. Barbadillo 4/1/2025
This item is scheduled for consideration in
the next quarterly prioritization update.
5 Review the bingo ordinance to enhance
transparency Barbadillo 4/1/2025
This item is scheduled for consideration in
the next quarterly prioritization update.
6 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.
7 Look into adding an entertainment zone to Main
Street. Montano 3/4/2025
An update on this item will be included in the
next quarterly prioritization update.
8 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
9 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
10 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 will be included in the
next quarterly prioritization update.
11 Bring back a discussion regarding fentanyl-related
issues Barbadillo 2/18/2025
An update on this item will be included in the
next quarterly prioritization update.
12 Feasibility study regarding a police satellite office. Montano 2/18/2025 An update on this item will be included in the
next quarterly prioritization update.
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
13 Staff organize a job fair for City job openings Chua 11/19/2024 An update on this item will be included in the
next quarterly prioritization update.
14 Bring back a study or analysis of the permit
process Chua 11/19/2024
An update on this item will be included in the
next quarterly prioritization update.
15 Invite the HR Director to a future meeting to
present on hiring processes and vacancies Lien 10/1/2024 An update on this item will be included in the
next quarterly prioritization update.
16 Explore updating the city's business tax rate
schedule Chua 10/1/2024
An update on this item will be included in the
next quarterly prioritization update.
17 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 will be included in the
next quarterly prioritization update.
18 Send a letter to Supervisory Otto Lee regarding the
weeds on Montague Expressway Montano 8/13/2024
An update on this item will be included in the
next quarterly prioritization update.
19 Update the animal control ordinance to include
other animals such as horses and cats Chua 9/3/2024
An update on this item will be included in the
next quarterly prioritization update.
20 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 will be included in the
next quarterly prioritization update.
21 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 will be included in the
next quarterly prioritization update.
22 Conduct a traffic study on Escuela Parkway to
address circulation concerns Montano 5/7/2024
An update on this item will be included in the
next quarterly prioritization update.
23 Explore the possibility of augmenting the Planning
Commission stipend Barbadillo 4/16/2024
An update on this item will be included in the
next quarterly prioritization update.
24 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
An update on this item will be included in the
next quarterly prioritization update.
25 Bring back Bingo and the Tour at the Senior
Center Chua 11/7/2023
An update on this item will be included in the
next quarterly prioritization update.
NOTE: Deferred and Completed Items are not listed
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
26 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
An update on this item will be included in the
next quarterly prioritization update.
27 Main Street International Festival Lien 10/3/2023
An update on this item will be included in the
next quarterly prioritization update.
28 Pickleball Pilot Project Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
29 Main Street Infrastructure Projects Montano 2/28/2023 An update on this item will be included in the
next quarterly prioritization update.
30 Main Street Flooding at Library Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
31 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update on this item will be included in the
next quarterly prioritization update.
32 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 will be included in the
next quarterly prioritization update.
33 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 will be included in the
next quarterly prioritization update.
34 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update on this item will be included in the
next quarterly prioritization update.
35 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
An update on this item will be included in the
next quarterly prioritization update.
36 Evaluate reopening the childcare center with a nonprofit organization running the center Montano 2/1/2022An update on this item will be included in the next quarterly prioritization update.
37 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 will be included in the
next quarterly prioritization update.
38 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
An update on this item will be included in the
next quarterly prioritization update.
39 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
An update on this item will be included in the
next quarterly prioritization update.
40 Consider Community Museum and Park on Main
St. Phan 8/20/2019
Discussions with the property owner of this
site are ongoing and staff is tracking
returnign to council by June 2025 with an
update.
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
NOTE: Deferred and Completed Items are not listed
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Carmen Montano, 408-586-3024) Category: Consent Calendar-Leadership and Support Services Meeting Date: 5/6/2024
Recommendation: Receive recommendations from Mayor Montano and approve recommendations for appointments to City Commissions.
BACKGROUND:
The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members appointed by the Mayor and confirmed by the City Council. The Commissions advise the Milpitas elected officials on a variety of community interest and policy areas.
Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are provided to the Mayor for her consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.
Current Commissioners may seek to be reappointed upon the expiration of their current term, but reappointment to a new term is not automatic. Those Commissioners seeking reappointment must contact the City Clerk and the Mayor to convey their request. Re-appointment must be recommended by the Mayor and confirmed by the City Council.
ANALYSIS:
Mayor Montano is making the following recommendations for appointment:
Arts Commission:
1. Appoint Precious Canaveral to a nonvoting student seat with an unexpired term ending October 2026.
Community Housing Commission:
1. Reappoint Armilyn Quijano to a full voting seat with an unexpired term ending January 2028.
2. Reappoint Jinky Peralta to a full voting seat with an unexpired term ending January 2028.
3. Reappoint Oscar Leon to a full voting seat with an unexpired term ending January 2028.
4. Remove Vishal Gandhi from a full voting seat with an unexpired term ending January 2026.
Library and Education Advisory Commission:
1. Promote Naga Sannidhi to a full voting seat with an unexpired term ending June 2027.
Parks, Recreation and Cultural Resources Commission:
1. Appoint Bhupendra Kumar as Alternate No. 2 with an unexpired term ending June 2026.
Science, Technology and Innovation Commission:’
1. Reappoint Aahan Shah to a nonvoting student seat with an unexpired term ending January 2028.
2. Reappoint Amrita Mukherjee to a full voting seat with an unexpired term ending January 2028.
3. Reappoint Anh Bao to a full voting seat with an unexpired term ending January 2028.
4. Reappoint Kevin Le to a full voting seat with an unexpired term ending January 2028.
5. Reappoint Ratan Choudhury to a full voting seat with an unexpired term ending January 2028.
6. Appoint Vishal Gandhi as Alternate Member No. 1 with an unexpired term ending January 2027.
Senior Advisory Commission:
1. Reappoint Barbara Jo Navarro to a full voting seat with an unexpired term ending December 2027.
Vishal Gandhi currently serves as a full voting member of the Community Housing Commission. In accordance with the Milpitas Commissioner Handbook, individuals may serve on only one commission at a time. If the City Council approves the recommended appointment to the Science, Technology and Innovation Commission as outlined in this report, the existing seat on the Community Housing Commission would be vacated effective May 7, 2025. In compliance with state law, the City Clerk will post a Notice of Unscheduled Vacancy to advertise the opening. A final appointment to fill the vacancy may not be made until at least ten working days after the notice is posted. The notice will be posted on Wednesday, May 7, 2025.
All recommended Commissioner appointments have been reviewed and confirmed by the City Clerk’s office.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
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 recommendations from Mayor Montano and approve recommendations for appointments to City Commissions.
ATTACHMENT(S):
(a) Commissioner Applications
Advisory Commission
applicant, indicate your
grade / school:
College, Professional,
Vocational, or other
schools attended
San Jose Community College - Math Acceleration Class
Major Subject N/A
Degree N/A
List community organizations to which you belong or have belonged (additional information may be attached).
Name of Organization Milpitas High School Club Pilipinix United Student Organization (PUSO)
Member Co-Publicist
Name of Organization Milpitas High School Club Youth Arts Movement (YAM) Member Publicist
Name of Organization Milpitas High School Club Pet and Animal Care Society (PACS) Member Vice-President
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).
Branch of Military N/A
Officer N/A
Briefly describe the
personal qualifications
you possess which you
believe would be an
asset (additional
information may be
attached):
I am knowledgeable in art and passionate about it. I strive to take on any art-related activities because I am interested in becoming an art major in the future. So far I've become a publicist in three clubs (PUSO, Snack Attack, and YAM) in my sophomore year and plan on becoming more active in my community. I believe that I could bring a refreshing view on art and help my community more.
Upload a File Field not completed.
Date 11/3/2024
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.
Name Precious Canaveral
Email not displaying correctly? View it in your browser.
From: Jinky Peralta
To: Suzanne Guzzetta
Subject: Re: Notification of Term Expiration for City of Milpitas Commission Date: Wednesday, December 18, 2024 3:48:56 PM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.
Good afternoon, Susanne,
Yes, I would like to be considered for reappointment. Thank you so much! Sincerely yours,
Jinky Peralta
On Wed, Dec 18, 2024 at 3:45 PM Suzanne Guzzetta <[email protected]> wrote:
Good afternoon Commissioner Peralta,
Your term on the City of Milpitas Community Housing Commission as is set to expire at the end of January 2025. Pursuant to the Commissioner Handbook, you may continue to serve until a new commissioner is appointed or you are reappointed.
If you would like to be considered for reappointment, please reply to this email by 1/10/2025 to indicate your interest.
The Mayor is expected to make recommendations for commission appointments in late January or early February.
Please let me know if you have any questions.
Best Regards,
Suzanne Guzzetta, CMC
City Clerk
Phone (408) 586-3001
Email [email protected]
455 E. Calaveras Blvd., Milpitas CA 95035
www.milpitas.gov
From: N.V.S.Saikumar Sannidhi
To: Suzanne Guzzetta; Carmen Montano; Evelyn Chua
Subject: Library & Education Advisory Commission(LEAC) - Alternate#1 to Regular Commissioner Date: Thursday, January 9, 2025 6:29:19 PM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.
Hello Suzanne,
I recently heard there is a opening for Regular commissioner position in Library and Education advisory commission. I got an opportunity serve as alternate#1 with LEAC for last couple of years. I thoroughly enjoyed working with the commission and contributed to various programs held in library.
Apart from LEAC i am active board member of Mabel Mattos PTA and Milpitas Inclusive PTA. I like to continue serving milpitas community if the opportunity is given.
Mayor Montano and Evelyn chua are familiar with my contributions towards LEAC. I request their support in moving into Regular commissioner position in LEAC.
Thanks in advance
Naga Venkata Sannidhi
Education: If Youth Advisory
Commission applicant,
indicate your grade / school:
Mission College Santa Clara
College, Professional,
Vocational, or other schools
attended
CCOC San Jose, Ferris State University MI.
Major Subject Mechatronics ( Electrical Mechanical Systems) Degree Certificate
List community organizations to which you belong or have belonged (additional information may be attached).
Name of Organization Starlite Pines Home Owners Association Member President
Name of Organization International Union of Operating Engineering Member Member
Name of Organization Field not completed.
Member Field not completed.
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).
Branch of Military Field not completed.
Officer Field not completed.
Briefly describe the personal
qualifications you possess
which you believe would be
an asset (additional
information may be
attached):
I have been a proud resident of Milpitas for 33 years and currently serve as the President of our local HOA Board. With a strong commitment to community involvement, i am eager to bring my experience and passion to the Parks, Recreation, and Cultural Resources Commission. I look forward to contributing to initiatives that enhance the quality of life and cultural vibrancy of our city.
Upload a File Field not completed.
Date 4/30/2025
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.
Name BHupendra Kumar ( B. K.)
Email not displaying correctly? View it in your browser.
Education: If Youth Advisory
Commission applicant,
indicate your grade / school:
Field not completed.
College, Professional,
Vocational, or other schools
attended
Field not completed.
Major Subject Field not completed.
Degree Field not completed.
List community organizations to which you belong or have belonged (additional information may be attached).
Name of Organization Field not completed.
Member Field not completed.
Name of Organization Field not completed.
Member Field not completed.
Name of Organization Field not completed.
Member Field not completed.
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).
Branch of Military Field not completed.
Officer Field not completed.
Briefly describe the personal
qualifications you possess
which you believe would be
an asset (additional
information may be
attached):
Ph.D. in Chemical Engineering with 8+ years of experience in the semiconductor industry as Manufacturing Lithography Process Lead, Manufacturing Quality Engineer, Manufacturing Quality Manager.
• Serving as Vice-Chair on the Science & Technology Council (Advisory Body) - Milpitas City (2022- Present).
• Key Skills: Quality Issue Management, Quality Management Systems, Continuous Improvement Initiatives, Cross-Functional Team Leadership, Analytical Problem Solving, Decision
Making.
Work
Upload a File Field not completed.
Date 4/17/2025
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.
Name Amrita Mukherjee
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Upload a File R. K. Choudhury 2025.pdf
Date 3/12/2025
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Name Ratan Choudhury
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CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Increase the Appropriation for the Annual Regional Wastewater Facility O&M and CIP Payments to the City of San José by $2,027,512 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/6/2025
Recommendation: Adopt a resolution and increase the appropriation for the Annual Regional Wastewater Facility O&M and CIP Payments to the City of San José by $2,027,512.
BACKGROUND:
The City conveys sewage to the San José/Santa Clara Regional Wastewater Facility (RWF) for wastewater treatment before it can be discharged into the San Francisco Bay. The RWF serves eight South Bay cities and four special districts (collectively, “Tributary Agencies”), including San José, Santa Clara, Milpitas, Cupertino Sanitary District (Cupertino), West Valley Sanitation District (Campbell, Los Gatos, Monte Sereno, and Saratoga), County Sanitation Districts 2-3 (unincorporated), and Burbank Sanitary District (unincorporated).
Jointly owned by the cities of San José and Santa Clara, the RWF is managed and operated by the City of San José Environmental Services Department. Originally constructed in 1956, the facility is reaching the end of its useful life. To address aging infrastructure and ensure long-term service reliability, the City of San José is undergoing a rehabilitation effort estimated at $2 billion, with implementation scheduled from 2010 through 2040. This project includes planning, design, and construction of capital improvements at the RWF, including water reuse facilities.
The City of San José is responsible for preparing the RWF’s operations & maintenance (O&M) and Capital Improvement Program (CIP) budgets. These budgets are reviewed by the Treatment Plant Advisory Committee (TPAC) and approved by the San José City Council. Costs are allocated among participating agencies based on their contracted treatment capacity at the RWF. Each agency is responsible for its proportionate share of RWF costs, including (O&M) and CIP expenses, as well as the operation, maintenance, and capital needs of its own wastewater collection system. Agencies are also responsible for their own debt service on bonds, and for establishing and collecting sewer service and use charges, connection fees, or other related fees. The City utilizes approximately 7% of the RWF’s total capacity, which equates to an estimated obligation of $140 million in long-term capital improvement costs. The City is responsible for funding its share of O&M and CIP costs to ensure continued and reliable service from the RWF.
On June 4, 2024, City Council approved and adopted the Fiscal Year 2024-2025 Operating and Capital Improvement Program (CIP) Budgets, which included funding for the City’s share of the RWF O&M and CIP obligations. As part of the budget setting process for the RWF, the City of San José provides all Tributary Agencies with a notice of their respective preliminary O&M and capital contributions for the upcoming fiscal year in March. The City’s final O&M and capital contributions are approved by the Treatment Plant Advisory Committee (TPAC) in May of each year. During the preparation of its preliminary Operating and CIP budgets, the City uses estimated amounts from San José’s 10-year forecast as placeholders until the preliminary estimates are released in March. Typically, the City adopted O&M and CIP budget amounts are based on these preliminary estimates, due to the timing of the Milpitas’ and San José’s respective budget adoption processes, and the preliminary estimates and adopted budgets do not vary significantly.
ANALYSIS:
During the Fiscal Year 2024-25 budget process, the City’s proposed O&M and CIP budgets for the RWF were not updated to reflect the City of San José’s proposed FY2024-25 amount, resulting in a significant discrepancy from proposed to actual budgets. As a result, the Fiscal Year 2024-25 O&M and CIP budget adopted by the City Council was significantly lower than the final San José approved budgeted amounts.
Going forward, City staff will work more closely with RWF on its budget development process. Factors attributing to the difference between the preliminary estimates and the adopted budget include increases in treatment costs as well as costs associated with the operation of the mechanical dewatering facility that came online this year.
As part of the Master Agreement between the City of San José/City of Santa Clara and Tributary Agencies, each agency may also receive a credit from the previous fiscal year to reconcile actual payments with expenditures, ensuring accurate cost-sharing for O&M and CIP expenses. In Fiscal Year 2024-2025, the City received credits for both O&M and CIP payments in the amount of $2,714,212. These credits are deposited back into the City’s Sewer Fund, which has a sufficient balance to cover any discrepancies in the current fiscal year, as shown in the table below:
City of
Milpitas
FY2024-25
Budget
RWF
Proposed
FY2024-25
Budget
RWF
Adopted
FY2024-25
Budget
RWF
FY2024-25
Invoiced
Actuals
Difference
(Amount Due
to RWF)
RWF
FY2023-24
Credit
Received in
FY2024-25
Milpitas Share
of RWF O&M $7,568,416 $9,133,343 $9,068,172 $9,068,172 $(1,499,756) $1,614,508 Milpitas Share
of RWF CIP $3,939,065 $3,939,065 $3,950,499 $4,466,821 $(527,756) $1,099,704 TOTAL $(2,027,512) $2,714,212
Staff recommends City Council approve an increase of $2,027,512 for annual RWF O&M and CIP payments to the City of San José, subject to the appropriation of funds. Sufficient funding is available, as indicated by the FY2023-2024 credit received in FY2024-2025 to cover the difference. The City’s annual contribution for the RWF O&M and CIP costs is considered in the City’s five-year sewer rate study and there is sufficient fund balance to cover the updated City contribution to RWF O&M and CIP costs through the approved rate study period (ending FY 27-28).
POLICY ALTERNATIVE(S):
Alternative 1: Do not approve an increase in appropriation for annual treatment plant O&M and CIP payments to the City of San José.
Pros: None.
Cons: It could be alleged that the City violated the terms set forth in the 1983 Master Agreement between the City of San José-Santa Clara and the Tributary Agencies.
Reason for Not Recommending: Per the 1983 Master Agreement between the City of San José/Santa Clara and the Tributary Agencies, the City is required to pay its annual share of O&M and CIP costs to the City of San José within forty-five (45) days of invoice receipt, or it may be subject to interest charges on any late or unpaid amounts.
FISCAL IMPACT:
Sufficient funding is available, as indicated by the FY2023-24 credit received in FY2024-25 to cover the difference.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This action is exempt pursuant to CEQA Guideline 15378(b)(4) as a governmental fiscal activity which does involve any commitment to any specific project.
RECOMMENDATION:
Adopt a resolution and increase the appropriation for the Annual Wastewater Facility O&M and CIP Payments to the City of San José by $2,027,512.
ATTACHMENT(S):
(a) Resolution
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AUTHORIZING AN
INCREASE TO THE APPROPRIATION OF FUNDS FOR THE ANNUAL TREATMENT
PLANT OPERATING AND MAINTENANCE AND CAPITAL IMPROVEMENT PROGRAM PAYMENTS TO THE CITY OF SAN JOSÉ
WHEREAS, the City of Milpitas pumps sewage to the San José/Santa Clara Regional Wastewater Facility (RWF), which is managed by the City of San José and serves multiple regional partners; and WHEREAS, the RWF is jointly owned by the cities of San José and Santa Clara, with the City of San José overseeing operations. Originally constructed in 1956, the facility is undergoing a $2 billion, multi-decade rehabilitation; and
WHEREAS, each participating agency pays its share of O&M and CIP based on contracted treatment capacity. The City of Milpitas uses approximately 7% of the total capacity, which equates to an estimated $140 million in capital responsibility over the life of the rehabilitation program. The City is responsible for funding its share of operating and maintenance (O&M) and capital improvement program, (CIP) costs to ensure continued and reliable service from the RWF; and WHEREAS, the City of Milpitas Fiscal Year 2024-25 budget underestimated the required payments for O&M and CIP in its adopted Operating and CIP budgets and WHEREAS, under the Master Agreement between the City of San José/City of Santa Clara and Tributary Agencies, each agency may also receive a credit from the previous fiscal year to reconcile actual payments with expenditures, ensuring accurate cost-sharing for O&M and CIP expenses. In Fiscal Year 2024-25, the City received $2,714,212 in credits from Fiscal Year 2023-2024 O&M and CIP payments, which will offset this year’s costs and are available in the City Sewer Fund; and NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council hereby authorizes a budget increase of $2,027,512 to cover the full payment due to the City of San José for the current fiscal year.
PASSED AND ADOPTED this day of , 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
2 Resolution No. ____
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
Christopher Creech, Acting City Attorney
1 CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve an Amendment to the Professional Services Agreement with Lisa Wise Consulting, Inc. for the Comprehensive Zoning Ordinance Update (Staff Contacts: Holly Pearson, Senior Special Projects Associate, 408-609-0072; and Jay Lee, Planning Director, 408-586-3077)
Category: Consent Calendar-Community Development
Meeting Date: 5/6/2025
Recommendation: Approve and authorize the City Manager, or designee, to execute an amendment to the professional services agreement with Lisa Wise Consulting, Inc. in the amount of $6,870 for the Comprehensive Zoning Ordinance Update project.
BACKGROUND:
In January 2023 the City Council approved a Professional Services Agreement with Lisa Wise Consulting, Inc. (LWC) for the Comprehensive Zoning Ordinance (CZO) Update, which was authorized as Project # 3460 in the City’s Capital Improvement Program (CIP). The original contract included a not-to-exceed amount of $879,515.00 to complete the full zoning update. The CIP allocated a total of $1,000,000 for the CZO update; the funding source is community planning fees.
Work on the Comprehensive Zoning Ordinance Update began in early 2023, and the City Council approved Phase 1 of the project – the creation of new zoning districts and a citywide update of the zoning map to bring the Zoning Ordinance and map into consistency with the Milpitas 2040 General Plan – in June 2024. The second and final phase of the project – a comprehensive reorganization and modernization of the entire Zoning Ordinance, including revisions to the zoning regulations for consistency with City policy documents as well as state and federal laws – is expected to be completed by approximately September 2025.
ANALYSIS:
Section I-2-3.21 of the Milpitas Municipal Code contemplates that staff will seek out approval from Council for amendments to contracts awarded by the City Council where (a) the amount of any single amendment exceeds 10% of the contract amount approved by Council or $20,000, whichever is less, or (b) the aggregate amount of all amendments exceeds15% of the contract amount or $40,000, whichever is less. Here, while the proposed amendment is only for $6,870, the aggregate amount of all amendments exceeds $40,000, so staff is seeking Council’s review of this proposed amendment.
To date, two contract amendments to add additional services and funding for the project have been approved administratively by the City Manager. The first contract amendment, in the amount of $18,440, was approved on January 22, 2024. This amendment provided for additional scope of work related to the environmental review, pursuant to the California Environmental Quality Act (CEQA), for Phase 1 of the zoning update. This additional scope of work for the CEQA analysis was necessary primarily because of unforeseen amendments to the General Plan Land Use Element and Land Use Map that were required along with the adoption of the Phase 1 Zoning Ordinance and zoning map update, to achieve legally mandated consistency between the City’s General Plan and zoning. The General Plan amendments resulted in the need for additional geospatial data creation and mapping work in GIS (Geographic Information Systems), acreage analysis for each zoning district and General Plan land use designation that resulted from the map amendments, and revisions to the project description that formed the basis for the Environmental Impact Report (EIR) Addendum for Phase 1 of the CZO Update.
2 The second contract amendment, in the amount of $19,966, was approved on December 19, 2024. The second amendment authorized additional services related to further zoning map updates for the second phase of the CZO update. The original scope of work for the CZO Update anticipated that all required updates to the zoning map would be completed as part of Phase 1; however, as Planning staff and the consultant worked through the Phase 2 revisions to the full Zoning Ordinance, it became clear that further updates to the zoning map were necessary to remove several obsolete overlay zones that are proposed to be deleted from the code (and must therefore also be removed from the zoning map). The second contract amendment also included inperson attendance for LWC staff at the January 9, 2025 community workshop for the zoning update, and additional project management budget for LWC due to the newly added project scope.
For the current (third) proposed contract amendment in the amount of $6,870, described in Attachment A, City Council approval is required because the cumulative total of the three budget amendments exceeds the $40,000 threshold that may be approved administratively. The need for this additional funding arose recently as LWC’s environmental subconsultant, FirstCarbon Solutions (FCS), proceeded with work on the EIR Addendum for Phase 2 of the CZO update project. The additional $6,870.00 is required for FCS to complete the Phase 2 EIR Addendum, as described in Attachment B. The total cost to complete environmental review for both Phase 1 and Phase 2 has exceeded the original budget due to minor unforeseen circumstances that occurred during the environmental review for the first phase, including multiple changes to the General Plan Land Use Map, with resultant changes to maps and other exhibits for the CEQA document; longer-thanexpected public hearings for adoption of the Phase 1 CZO update; and additional project management time for FCS due to added project scope that was not part of the original budget.
Planning staff is therefore now requesting the City Council’s approval for the additional $6,870 that is needed for FCS to complete the EIR Addendum for Phase 2 of the CZO update. The $6,870 would be added to Task
9.5 (CEQA for Comprehensive Update to the Zoning Ordinance) in LWC’s original scope of work and budget.
The consultant team (both LWC and FCS) have consistently performed outstanding work, with high-quality deliverables that are completed on time. With the additional requested funds, the CZO update project is expected to be successfully adopted and concluded by early Fall of 2025.
POLICY ALTERNATIVE(S)
Alternative #1: Do not approve the amendment to the Professional Services Agreement with LWC.
Pro: By relying on internal staff, the City could save on the extra $6,870 in costs associated with consultant services, allowing those funds to be re-allocated elsewhere.
Con: Planning Department staff does not currently have the specialized, technical CEQA expertise “in-house” that is necessary to complete an accurate and legally sound EIR Addendum for Phase 2 of the CZO update. In addition, relying on City staff to complete the EIR Addendum would place additional demands on the City Attorney’s office that would not be possible to meet with existing staff resources.
FISCAL IMPACT:
Sufficient funding is available in CIP Project 3460, Comprehensive Zoning Ordinance Update, which currently has an uncommitted balance of $82,079. If the City Council approves this amendment, the remaining uncommitted balance in CIP Project 3460 will be $75,209. This recommended action would be covered in full by Fund 331 and would have no fiscal impact to the General Fund.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This action is an organizational or administrative activity of the City government that will not result in direct or indirect physical changes to the environment. This action is not a project pursuant to California Code of Regulations, Title 14, § 15378.
3 RECOMMENDATION:
Approve and authorize the City Manager, or designee, to execute an amendment to the professional services agreement with Lisa Wise Consulting, Inc. in the amount of $6,870 for the Comprehensive Zoning Ordinance Update project.
ATTACHMENT(S):
(a) Draft Contract Amendment No. 3
(b) Proposed Scope of Work
Amendment No 3: Lisa Wise Consulting
1 of 4
AMENDMENT NO. 3 TO THE
PROFESSIONAL SERVICES AGREEMENT
WITH LISA WISE CONSULTING INC FOR
COMPREHENSIVE ZONING ORDINANCE UPDATE
This Amendment No. 3 is entered into this day of _________________, by and between the City of Milpitas, a municipal corporation of the State of California (hereafter referred to as "City") and Lisa Wise Consulting Inc., a California corporation (hereafter referred to as "Consultant"). City and Consultant are sometimes individually as “Party” and collectively as “Parties” in this Amendment No. 3.
RECITALS
WHEREAS, on February 17, 2023, the Parties entered into a Professional Services Agreement to provide Comprehensive Zoning Ordinance Update (the “Agreement”) for the amount of $879,515.00, and with a term period of February 17, 2023, to December 31, 2025; and
WHEREAS, on January 22,2024 the Parties amended the agreement to amend the scope of work with an increase in the budget of $18,440.00 to $897,955.00; and WHEREAS, on December 19,2024 the Parties amended the agreement to amend the scope of work with an increase in the budget of $19,966.00 to $917,921.00.
WHEREAS, the Parties now desire to amend the Agreement to amend the scope of work with an increase in the budget of $6,870.00 to $924,791.00.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:
1. 2. Compensation. is hereby amended to read as follows:
In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Nine Hundred Twenty-Four Thousand Seven Hundred Ninety-One Dollars and Zero Cents ($924,791.00).
2. Exhibit B – Schedule of Charges/Payments, paragraph 2 is hereby amended to read as follows:
In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Nine Hundred Twenty-Four Thousand Seven Hundred Ninety-One Dollars and Zero Cents ($924,791.00).
Amendment No 3: Lisa Wise Consulting
2 of 4
The following budget is hereby amended to the agreement:
Approximately $11,970 is required to complete Addendum 2. There is currently about $5,100 remaining in the budget. As such $6,870 is requested.
Task Fee
Task 9.5.a: Draft Addendum 2 $6,400
Task 9.5.b: Final Addendum 2 $2,500
Task 9.5.c: Coordination and
Management $1,770
Task 9.5.d: Public Hearing $1,300
Total $11,970
Budget remaining in contract $5,100
Total Augment Requested $6,870
2. Exhibit A Scope of Services is hereby amended to include Exhibit A-2 Additional Scope of Work attached hereto.
3. All other provisions of the Agreement not amended by this Amendment No.3 shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
Amendment No 3: Lisa Wise Consulting
3 of 4
SIGNATURE PAGE FOR AMENDMENT NO. 3
TO THE PROFESSIONAL SERVCIES AGREEMENT
BETWEEN THE
CITY OF MILPITAS AND LISA WISE CONSULTING INC
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 3 as of the date first written above.
CITY OF MILPITAS
Approved By:
Deanna J. Santana, Interim City
Manager
Date
Approved As To Form:
Christopher Creech, Acting City
Attorney
Approved:
Luz Cofresí-Howe, Finance Director
Approved As To Content:
Jay Lee, Planning Director
LISA WISE CONSULTING INC
Signature
Name
Title
Date
Amendment No 3: Lisa Wise Consulting
4 of 4
Exhibit A-1
Additional Scope of Work
This proposed scope and budget increase of $6,870 includes attendance at two hearings, project management, and what FCS needs to complete the addendum.
SCOPE OF WORK
Task 9.5.a: Draft Addendum 2
FCS will prepare an administrative draft Addendum to evaluate the effect of the City of Milpitas Zoning Ordinance Update Phase 2 Project.
Task 9.5.b: Final Addendum 2
The City will provide one set of consolidated comments on the Draft Addendum and FCS will address comments and make revisions as needed to prepare the Final Addendum.
Task 9.5.c: Coordination and Management
The project management task has been expended due to additional coordination time spent on project changes and advising on SB 18 and AB 52 consultation. As such, additional funds are requested for project management for Addendum 2.
Task 9.5.d: Public Hearings
Because the public hearing for Addendum 1 on June 4, 2024 was longer than anticipated, public hearing funds were expended. Additional funds are requested to attend the Planning Commission and City Council Hearings for Addendum 2.
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Cover Letter
March 24, 2025
Henry Pontarelli
Vice President
Lisa Wise Consulting, Inc. (LWC)
983 Osos Street
San Luis Obispo, CA 93401
Subject: Scope of Work to Complete Additional Services for the Addendum to the General Plan FEIR for the City of Milpitas Zoning Ordinance Update Phase 2 Project
Dear Henry Pontarelli:
FCS International, Inc., doing business as FirstCarbon Solutions (FCS), is pleased to provide this scope of work to complete the Addendum to the City of Milpitas General Plan Update FEIR for the City of Milpitas Zoning Ordinance Update Phase 2 Project.
As always, we are grateful to partner with the LWC and the City of Milpitas and look forward to assisting you with your ongoing environmental needs. If you have any questions, I can be reached at 415.713.5223 or at [email protected].
We look forward to your authorization for these efforts.
Sincerely,
Mary Bean, Vice President
FirstCarbon Solutions
2999 Oak Road, Suite 250
Walnut Creek, CA 94597
1 Proposal
SCOPE OF WORK
Task 9.5.a: Draft Addendum for Comprehensive Zoning Update (Phase 2) FCS will prepare an administrative draft Addendum to evaluate the effect of the City of Milpitas Zoning Ordinance Update Phase 2 Project.
Task 9.5.b: Final Addendum for Comprehensive Zoning Update (Phase 2) The City will provide one set of consolidated comments on the Draft Addendum and FCS will address comments and make revisions as needed to prepare the Final Addendum.
Task 9.5.c: Coordination and Management for Phase 2 Addendum The project management task has been expended due to additional coordination time spent on project changes and advising on SB 18 and AB 52 consultation. As such, additional funds are requested for project management for Addendum 2.
Task 9.5.d: Public Hearings for Adoption of Comprehensive Zoning Update Because the public hearing for Addendum 1 on June 4, 2024 was longer than anticipated, public hearing funds were expended. Additional funds are requested to attend the Planning Commission and City Council Hearings for Addendum 2.
COST
Approximately $11,970 is required to complete Addendum 2. There is currently about $5,100 remaining in the budget. As such $6,870 is requested.
Task Fee
Task 9.5.a: Draft Addendum 2 $6,400
Task 9.5.b: Final Addendum 2 $2,500
Task 9.5.c: Coordination and Management $1,770
Task 9.5.d Public Hearing $1,300
Total $11,970
Budget remaining in contract for Task 9.5 $5,100
Total Augment Requested $6,870
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Waive the Second Reading and Adopt Ordinance No. 38.857 to Amend Chapter 10, Section 6 of Title XI of the Milpitas Municipal Code Regarding the Establishment of the Neighborhood Commercial Mixed-Use (NCMU) Zoning District and Town Center (TC) Subdistricts, and Amend the Designation of Certain Parcels within the Zoning Map (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Category: Consent Calendar-Community Development
Meeting Date: 5/6/2025
Recommendation: (1) Determine that the EIR Addendum and Supplemental Letter to the Addendum properly evaluate the potential environmental impacts of the proposed Zoning Amendments and are in compliance with CEQA Guidelines §15162 and §15164; (2) Waive the second reading and adopt Ordinance No. 38.857 approving Zoning Text and Zoning Map Amendment No. ZA24-0001 amending Chapter 10, Section 6 of Title XI of the Milpitas Municipal Code regarding the establishment of the Neighborhood Commercial Mixed-Use (NCMU) Zoning District and Town Center (TC) Subdistricts; and (3) Amend the designation of certain parcels within the Zoning Map.
BACKGROUND:
This Ordinance was introduced at the City Council meeting held on April 15, 2025 to amend the Zoning Ordinance (Title XI, Chapter 10 of the Milpitas Municipal Code) and the Zoning map to create the new Neighborhood Commercial Mixed-Use (NCMU) district and Town Center (TC) subdistricts. The Ordinance is now ready for its second reading and adoption.
FISCAL IMPACT:
The City retained Seifel Consulting to perform a fiscal analysis regarding proposed land use changes that would allow additional residential development to occur within the TC and NCMU zones. This analysis investigates the contribution of NCMU and TC areas to the overall sales tax revenues in the City, assessing the potential impact of the zoning updates on the City's sales tax revenue. Additionally, the study analyzes a prototypical redeveloped site within the NCMU, evaluating the cost-to-revenue ratio in various NCMU scenarios to provide insights into the financial implications of such redevelopment.
The potential fiscal impact was analyzed by evaluating alternative development scenarios for a typical property in the NCMU zone because several properties within this area are currently underutilized and have vacant commercial space. The fiscal analysis evaluated what could occur if a typical property were to be redeveloped to include housing.
The key findings of the analysis are below:
• If no zoning changes are made, no redevelopment is likely as the current General Plan commercial to residential ratios are infeasible.
• Even with the implementation of a place-based strategy, which maintains a robust minimum commercial floor area requirement for much of the HODs, only small portions of the HODs are likely to redevelop in the near future.
• Projected total General Fund revenues from new development is anticipated to exceed the total fiscal costs of providing services to future residents and employees for each of the development scenarios.
This analysis indicates that new infill mixed-use and residential development is likely to have a positive fiscal impact on the City of Milpitas.
Figure 1: Potential Fiscal Impact from Typical HOD Development opportunity in FY 2022-23 Constant Dollars
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The Milpitas City Council certified an Environmental Impact report (SCH #2020070348) for the General Plan Update in 2021. The Environmental Impact Report (EIR) addressed the potential environmental effects of the planned buildout of Milpitas through the year 2040 and concluded that implementation of the General Plan would result in various levels of environmental impacts. Mitigation measures were incorporated into the EIR to reduce potential impacts from development under the General Plan.
An Addendum to the Milpitas General Plan Update Final EIR (FEIR) (March 2021, SCH #2020070348) has been prepared pursuant to CEQA Guidelines Sections 15162 and 15164, to evaluate whether the Project’s environmental impacts are covered by and within the scope of the Milpitas General Plan Update FEIR.
The Addendum Evaluation details any changes in the Project, changes in circumstances under which the Project is undertaken, and/or "new information of substantial importance" that may cause one or more effects to environmental resources.
The attached Addendum substantiates and supports the City’s determination that the HOD changes are within the scope of the General Plan Update FEIR, do not require subsequent action under CEQA Guidelines Section 15162, and adequately analyze potential environmental impacts in conjunction with the FEIR.
Further, although the Project has been revised from the initial Addendum, dated April 2024, Rincon Consultants, Inc. prepared a Supplemental Letter (Attachment D) and found that the proposed zoning changes and the latest revisions would result in a reduced buildout compared to the Addendum analysis. This reduction in residential units and the consistency in non-residential space reduction, specifically commercial FAR minimums and maximums, ensure that the impacts would be less significant, as previously analyzed, and similar to or reduced compared to the Addendum conclusions. Additionally, the proposed changes are consistent with the overall land use and growth projections assumed within the General Plan EIR, which has already accounted for and mitigated potential environmental impacts. Since the environmental conditions have not changed since the April 2024 Addendum, the baseline conditions for analyzing impacts remain the same.
Consequently, the reduced buildout further supports the conclusion that the impacts would be less significant, and the conclusions of the Addendum remain valid.
RECOMMENDATION:
(1) Determine that the EIR Addendum and Supplemental Letter to the Addendum properly evaluate the potential environmental impacts of the proposed Zoning Amendments and are in compliance with CEQA Guidelines §15162 and §15164;
(2) Waive the second reading and adopt Ordinance No. 38.857 approving Zoning Text and Zoning Map Amendment No. ZA24-0001 amending Chapter 10, Section 6 of Title XI of the Milpitas Municipal Code regarding the establishment of the Neighborhood Commercial Mixed-Use (NCMU) Zoning District and Town Center (TC) Subdistricts; and
(3) Amend the designation of certain parcels within the Zoning Map.
ATTACHMENT(S):
(a) Ordinance No. 38.857
REGULAR
NUMBER: 38.857
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING CHAPTER 10, SECTION 6 OF TITLE XI OF THE MILPITAS
MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF THE
NEIGHBORHOOD COMMERCIAL MIXED-USE (NCMU) ZONING DISTRICT
AND TOWN CENTER (TC) SUBDISTRICTS AND AMENDING THE ZONING
MAP DESIGNATION OF CERTAIN PARCELS WITHIN THE ZONING MAP HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of April 15, 2025, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
________________________________
Christopher Creech, Acting City Attorney
RECITALS AND FINDINGS:
WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing the General Plan; and
WHEREAS, Section 3.03 of Chapter 10 Zoning of Title XI of the Milpitas Municipal Code, divides the City into zoning districts; and
WHEREAS, the City Council is the final authority on General Plan, Specific Plan, and Zoning amendments, including amendments to the Zoning Map; and WHEREAS, the City wishes to amend the Zoning map and Zoning text to establish the Neighborhood Commercial Mixed-Use (NCMU-1,2,3) districts and subdistricts, update the existing Town Center (TC) districts to establish the subdistricts (TC-1,2,3) within the Zoning Text and Zoning Map, which has been initiated by this Ordinance; and
WHEREAS, on February 26, 2025, the Planning Commission held a duly-noticed public hearing on the subject application, and considered evidence presented by City staff, the applicant, and other interested parties and recommended the City Council approve the proposed amendments; and WHEREAS, per Milpitas Municipal Code § XI-10-57.02(G)(3), the City Council likewise finds that the Zoning Code Amendment set forth herein will not adversely affect the public health, safety and welfare, in that the Project will not adversely affect the public health, safety and welfare. Additionally, an Addendum to the Milpitas General Plan Update Final EIR (March 2021, SCH #2020070348) was prepared pursuant to CEQA Guidelines Sections 15162 and 15164, to evaluate whether the Project’s environmental impacts are covered by and within the scope of the Milpitas General Plan FEIR. The Addendum Evaluation details any changes in the project, changes in circumstances under which the Project is undertaken, and/or "new information of substantial importance" that may cause one or more effects to environmental resources.
The Addendum substantiates and supports the City’s determination that the HOD changes are within the scope of the General Plan EIR, do not require subsequent action under CEQA Guidelines Section 15162, and adequately analyze potential environmental impacts in conjunction with the EIR; and WHEREAS, a Supplemental Letter to the Addendum was prepared in response to the Project revisions and found that the proposed the proposed changes are consistent with the overall land use and growth projections assumed within the General Plan EIR, which already accounted for and mitigated potential environmental impacts; and
WHEREAS, since the environmental conditions have not changed since the April 2024 Addendum, the baseline conditions for analyzing impacts remain the same. Consequently, the reduced buildout further supports the conclusion that the impacts would be less significant, and the conclusions of the Addendum remain valid; and
WHEREAS, on April 15, 2025, the City Council held a duly-noticed public hearing on the proposed action, and considered evidence presented by City staff and other interested parties; and
WHEREAS, the City Council finds that with the approval (by separate resolution) of General Plan Map and Text Amendment No. GP24-0001, Zoning Text, and Map Amendment No. ZA24-0001 and, the Zoning Code and the General Plan will be internally consistent; and WHEREAS, prior to taking action on this Ordinance, the City Council has taken separate action to adopt the Housing Opportunity District Addendum to the Milpitas General Plan 2040 EIR (SCH #2020070348) and the Supplement Letter to the Addendum and impose it as a condition of project approval; and
WHEREAS, these amendments represent a comprehensive approach to addressing housing challenges while promoting sustainable and vibrant mixed-use neighborhoods in Milpitas. The Project as a pivotal strategy in addressing Milpitas' housing needs while revitalizing our commercial centers. The project aligns with the City’s General Plan and Housing Element overall, emphasizing the importance of balanced land uses that meet the needs of our residents and businesses.
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. ZONING MAP AMENDMENT FINDINGS (XI-10-57.02)
The City Council makes the following findings based on the evidence in the public record in support of Zoning Amendment No. ZA24-0001:
a. The proposed amendment is consistent with the General Plan.
The proposed text amendments are consistent with General Plan Policy LU 6-6, which states to encourage redevelopment and intensification of mixed-use areas by allowing standalone vertical mixed-use, or integrated horizontal mixed-use projects in mixed use areas, consistent with the Land Use Map and policies and actions included in this element. The proposed zoning adopts a place-based and flexible approach by establishing three distinct NCMU zones (NCMU1, NCMU2, and NCMU3) and three TC zones (TC1, TC2, and TC3). These zones consider factors such as parcel size, location, current use, and future potential. Each zone permits increased residential density and a reduced minimum non-residential FAR, promoting versatility in development. The Housing Element supports this change with Policy HE 3.7: support the adaptive reuse, renovation, conversion, or redevelopment of economically underutilized properties or buildings for residential or mixed-use development. This is further supported by the General Plan’s proposed text updates associated with this Project to ensure consistency between the Zoning Text and the General Plan.
The Project is specifically consistent with General Plan Policy LU 6-5, which states to promote reinvestment in strip commercial and shopping centers and maintain, revitalize, and redevelop aging and underperforming centers. The proposed map amendments are consistent with the text amendments and the General Plan because the proposed map changes to the identified parcels, zoned Town Center (TC) and Neighborhood Commercial Mixed Use (NCMU), are also implementing the existing General Plan land use designations. Furthermore, the proposed amendments introduce specific development standards related to permitted uses, parking, and
open space, which are intended to implement the General Plan vision for the NCMU and TWC designations.
b. The proposed amendment will not adversely affect the public health, safety and welfare.
The proposed text and map amendment are found to have no adverse effects on the public health, safety, and welfare. The amendments are designed to enhance the efficiency and effectiveness of the City's zoning regulations, ensuring that they remain current and responsive to changing community needs. The amendments have been carefully reviewed and analyzed to assess their potential impacts on public health, safety, and welfare. This analysis has been done through a place-based approach sensitive to the needs and circumstances of the areas that will be rezoned.
These areas have been selected as being capable of supporting this development, and development standards have been selected that are specific to this area and its circumstances. As confirmed by the Addendum to the Milpitas General Plan Update Final EIR and the Supplemental Letter to the Addendum, traffic, environmental impacts, access to essential services, and community well-being will not be impacted in a manner that would significantly affect public health, safety, and welfare. Also, the City retains authority through discretionary approvals to address project-specific health, safety, and welfare concerns.
SECTION 3. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 6.0
Title XI, Chapter 10, Section 6 Mixed Use Zones and Standards is hereby amended to read as follows:
Section 6 Mixed Use Zones and Standards
XI-10-6.01 Purpose and Intent
A. Mixed Use ("MXD") Zoning District. The purpose of the MXD zoning district is to encourage a compatible mix of residential, retail, entertainment, office and commercial service uses within the framework of a pedestrian-oriented streetscape. It is intended that the residential and commercial use allowed in the "MXD" District combine to provide for an "around-the-clock-environment" with urban open areas (i.e. plazas, squares) that serve multiple purposes and can be used for special events.
B. High Density Mixed Use ("MXD2") Zoning District. The purpose of the MXD2 zoning district is to encourage a mix of retail, restaurant, entertainment, and commercial service uses on the ground floor with residential or office uses on the floors above while maintaining a pedestrian-oriented streetscape. It is intended that the retail or restaurant space required will ensure neighborhoodoriented retail and services are provided within walking distance of high density residential development.
C. Very High Density Mixed Use ("MXD3") Zoning District. The purpose of the MXD3 zoning district is to provide very-high density housing, retail and employment uses.
D. Neighborhood Commercial Mixed Use (“NCMU”) Zoning District. The purpose of the NCMU zoning district is to encourage a compatible mix of residential, retail, entertainment, office, and commercial uses. It is intended that the neighborhood-serving active uses such as grocery stores, retail, restaurants, and personal services at key locations on the ground level will help create a pedestrian oriented streetscape and public spaces. The NCMU Zoning District is subdivided into three subdistricts:
1. NCMU1 allows commercial or mixed-use development the primary function as a commercial center to provide goods and services to the immediate neighborhood. The mix of uses may be vertical or horizontal.
2. NCMU2 allows commercial or mixed-use development with some active commercial storefronts along the street frontages.
3. NCMU3 allows commercial, mixed use, or residential only development with no minimum commercial FAR. NCMU3 includes parcels that are less suitable for commercial use, such as those located on secondary streets, lacking street frontages, or adjacent to residential zones.
E. Town Center (TC) Zone. The purpose and intent of this zone is to provide for an area that supports a wide range of administrative, business, entertainment, dining, and cultural activities along with some residential uses in the geographic center of the City to suit the varying lifestyles of residents and visitors alike. The area is easily accessible via the City's transportation network. The TC Zoning District is subdivided into three subdistricts:
1. TC1 allows commercial or mixed-use development with the primary function as a commercial center to provide goods and services to the immediate neighborhood and larger community. The mix of uses may be vertical or horizontal.
2. TC2 allows commercial or mixed-use development with active commercial storefronts along the street frontages.
3. TC3 allows commercial, mixed-use or residential only development with no minimum commercial FAR. TC 3 includes parcels that are less suitable for retail uses, such as those located on secondary streets, lacking street frontages, or adjacent to residential zones.
XI-10-6.02 Mixed Use Regulations
A. Permitted and Conditionally Permitted Uses.
1. Primary uses. The uses identified in Table 6.02-1, Mixed Use Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table 6.02-1 shall be permitted or conditionally permitted, as indicated:
P Where the symbol "P" appears, the use shall be permitted.
MCS Where the symbol "MCS" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit by staff, in accordance with Section 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.
P/C Where the symbol "P/C" appears the use may be permitted if certain criteria is met or otherwise a Conditional Use Permit shall be required, in accordance with Section XI10-57.04, Conditional Use Permits, of this Chapter.
C Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.
MC Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.
O Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.
2. Accessory Uses.
a. Massage Services. Massage services may be allowed as an accessory use to any permitted or conditionally permitted medical office, medical clinic, chiropractor practice, acupuncture practice, physical therapist, fitness and athletic facility, health care facility (such as hospitals, nursing homes and sanitariums), and accredited school, college, and university. Massage services, limited to massage of the head, neck, shoulders, hands and feet may be allowed as an accessory use to any permitted or conditionally permitted beauty salon, barbershop, and healing art practices. This section shall not exempt any person or business from complying with all the provisions of Title III, Chapter 6.
B. Prohibited Uses. The following uses are prohibited:
1. Uses where the symbol "NP" appears within Table 6.02-1.
2. The following uses are not permitted in any mixed use zone:
a. Adult Businesses as defined in Subsection 13.04, Adult Businesses, of this Chapter. b. Disinfecting and extermination business.
c. Ground level residential in the Ground Level Commercial Area as shown on the Midtown Specific Plan Land Use Map, Figure 3.1 and Zoning Map.
d. Outdoor storage of vehicles.
e. Private self-storage facilities
f. Single family detached dwellings
g. Two family dwelling units
C. Other Uses. Any other uses may be considered by the Planning Commission that are similar in accordance with the procedure, prescribed in Subsection 10-54.02, Other Uses Permitted by Commission, of this Chapter.
Table XI-10-6.02-1
Mixed Use Zone Uses
Use MXD MXD2 MXD3 NCMU1,2,3 TC1,2,3
Ground
Level
(Facing
Retail
street)
Upper
Floor
1. Commercial Uses
Alcohol beverage sales C C C C C C
Business support services1 P/NP2 P/NP2 NP P/NP2 P/NP2 MC Grocery stores (supermarkets)3 C C C C P P
Pawnshops4 C C C C NP NP
Personal services1, 5 P P P P P P
Pet shops C NP NP NP NP P
Repair and cleaning shop, small
items1
P P P MC MC P
Retail stores, general
merchandise6
P P MCS MCS P P
Thrift shops (used merchandise)
Retail P P P P P P
With collections C C C C C NP
Drive Through Uses NP NP NP NP NP C
2. Entertainment and Recreation
Commercial athletic facilities P P P P MCS in
NCMU1
P
“Theaters (Indoor)”
Recreation or entertainment
facility
C C C C NP C
3. Health and Veterinarian Uses
Animal grooming (no boarding) P P NP P NP P
Hospitals or sanitariums7 C C C C NP C
Massage establishment 8 MC MC MC MC MC MC
Massage establishment,
accessory 8
MCS MCS MCS MCS MCS MCS
Medical or dental offices and
clinics
P NP P P P (upper
floors)
MCS
(ground
floor)
P
Medical support laboratories P P P P NP C
Optician and optometrist shop P P P P P (upper
floors)
MCS
(ground
floor)
P
Pharmacy or drug store P P P P P P
Veterinarian clinic P P P P NP P
4. Lodging
Bed and breakfast P P NP NP NP NP
Boarding houses (3 or more
persons)
C C C C C C
Group dwellings C C C C C C
Hotels C P P P C P
Motels C C C C NP NP
5. Professional Offices, Financial Institutions and Related Uses Financial institutions (banks,
savings and loans, etc.)
MCS NP MCS P P P
Offices, business and
professional6
MCS NP MCS P C P
6. Public/Quasi Public and Assembly Uses
Child care
Child care center C P C P C C
Day care school C C C C C C
Large family child care home P P C P P P
Small family child care home P P P P P P
Instruction
Group6 P NP NP NP P P
Private P P P P P P
Park, playground or community
center10
O O O O O O
Places of assembly7 C C C C C C
Public utilities C C C C C C
Schools, private (elementary,
middle and high)5
C C C C C C
Theaters (Indoor) C C C C NP C
Trade and vocational schools7 C C C C NP C
Transportation facilities4 C C C C NP C
7. Residential Uses
Multi-family housing11 P NP12 P P P
12 P
Transitional and supportive
housing11
P NP12 P P P
12 P
Accessory Dwelling Unit14 P NP P P P P
8. Restaurants or Food Service
Bar or nightclub C15 C15 C C15 C15 C
Brewery/Eateries MCS MCS NP MCS MCS MCS
Catering establishments C C C C NP P
Restaurants4 P/C P/C NP P/C P/C P
With music (indoor/outdoor) P
15 P15 NP P15 P15 P
With other live
entertainment/dancing
C C NP C C C
Mobile Food Vending
(individual vehicle)16 P P NP P P
P
Mobile Food Park16 MC NP NP MC NP MC
Commissary MC NP NP MC NP MC
9. Unclassified Uses
Artisan Studios & Live-work
units, woodworking or
glassworking, plumbing or
metalworking and sign shops4
MCS MCS MCS MCS MCS MCS
Lobbies and entries for upper
floor uses
P P NP P P P
Model home complex17 P P P P P P
Mixed use developments18 P P P P P P
Planned Unit Development19 P P P P P P
Temporary seasonal sales20 P P P P P P
Short-Term Rentals21 P NP P P P P
10. Vehicle-Related Repair, Sales and Services
Auto sales and rental22 C C C C NP NP
Auto broker (wholesale, no
vehicles on site)4
MCS MCS MCS MCS NP MCS
Vehicle service uses23 C NP NP C NP C
1 Refer to Subsection XI-10-6.02-1(B), Performance standards for certain uses, of this Chapter, for standards.
2 Copy/quick-printing shops and mailbox rental facilities shall be permitted in all MXD, MXD2 (Ground Floor), MXD3, and all NCMU zones. All other uses classified as Business Support Services shall not be permitted in these zones.
3 Grocery stores with floor area up to 15,000 square feet are permitted. Grocery stores exceeding 15,000 square feet may be permitted subject to the approval of a Conditional Use Permit pursuant to Subsection XI-10-57.04 of this Chapter.
4 Refer to Subsection XI-10-6.02-1, Special Uses, of this Chapter, for standards. 5When located on the ground floor, retail sales of products related to the Personal Services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10 percent of the floor area of the business establishment.
6 Refer to Subsection XI-10-6.02-1(B) Performance standards for certain uses, of this Chapter. 7 Refer to Subsection XI-10-6.02-2, Quasi-Public Uses, of this Chapter, for standards. 8Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments.
9 Reserved
10 For parks, playgrounds or community center owned and operated by a government agency or a nonprofit community organization.
11 Ground level residential is prohibited in the Ground Level Commercial Area as shown on the Midtown Specific Plan Land Use Map, Figure 3.1.
12 Uses serving upper-floor residential uses, such as common gathering space, lobby, and resident services, may be allowed as ground floor uses where residential uses would otherwise not be permitted. 14Only allowed within multi-family dwellings, subject to the requirements of Subsection XI-10-13.08, Accessory Dwelling Units, of this Chapter.
15 Indoor or outdoor music is permitted as an accessory use on the same parcel in conjunction with a restaurant or bar that is a principal permitted use or approved conditional use in the MXD, MXD2, MXD3, and NCMU zones. See also Subsection XI-10-6.06(B) for additional regulations. 16Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter. 17Refer to Subsection XI-10-13.11(E), Model Home Complexes and Sales Offices, of this Chapter for temporary tract offices.
18Which include only permitted uses.
19Refer to Section XI-10-54.07, Planned Unit Developments, of this Chapter, for standards. 20Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter. 21Only allowed within a dwelling unit, subject to the requirements of Subsection XI-10-13.17, Short-Term Rentals, of this Chapter.
22New and used auto, recreational vehicle and boat sales, excluding commercial vehicles, trucks, buses, vans, and farm equipment, with accessory repairs and services, only allowed if fully enclosed within a building. Bicycle and auto rental agency, excluding commercial vehicles, trucks, buses, vans, boats and RV rentals, only if fully enclosed within a building.
23Refer to Subsection XI-10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy: Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995.
6.02-1 Mixed Use Zone Special Uses
A. Special Uses within all MXD zones. Certain uses noted in Table 6.02-1, Mixed Use Zone Uses may be allowed through the approval of a Conditional Use Permit and Minor Conditional Use Permits, in accordance with Subsection 57.04, Conditional Use Permits, of this Chapter, if they are not located within one thousand (1,000) feet of another same use listed below. This distance shall be measured from the property line of the parcel where such use is located.
1. Auto service uses, including but not limited to: gasoline service stations, car washes, tire shops, towing without vehicle storage and auto repair shops of all kinds, radiators, paint, body, glass, brakes, upholstery, and other similar types.
2. Local transportation service facilities (e.g. taxi, parcel service, ambulance, armored car, and van storage) without outdoor storage of vehicles.
3. Pawnshops.
B. Performance Standards for Certain Uses. For uses requiring approval of a Minor Conditional Use Permit by staff, in accordance with Section XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, the following performance standards below shall be met.
1. Auto Brokers. Auto Brokers may be permitted by right if the following standards are met:
a. Local Sales and Use Tax. In order to assist the City of Milpitas in its efforts to receive direct distribution of the local tax on materials associated with the project, the California Sales and Use Tax (the "Local Tax") shall be allocated to the project site, to the extent reasonably possible. Evidence of tax allocation or cause as to why such allocation cannot be made shall be submitted at the time of business license submittal.
2. Auto Service Uses. Auto Service uses shall comply with the following standards:
a. All operations shall be conducted completely within an enclosed building. b. Entrances to the service bays shall not be open to the street but shall be designed to face the rear or interior side property line.
3. Artisans, Plumbing, Metalworking, Sign Shops and Woodworking or glass working shops.
These uses shall comply with the following standards:
a. All operations shall be conducted completely within an enclosed building. b. There shall be no dust, fume, or odor either emitted from the premise. c. The operations shall not create excessive vibrations. d. The operations shall be consistent with the City's noise standards.
e. Plumbing, metalworking, sign shops, woodworking or glass working shops shall not be closer than 1,000 feet of another same use measured from the property line.
4. Personal Services, Business Support Services, and Repair and Cleaning-Small Items uses shall comply with the following:
a. When located within the MXD zone:
i. Located in the area designated for ground floor retail and are less than or equal to ten thousand (10,000) square feet in gross floor area;
ii. Located in the areas not designated for ground floor retail and are less than or equal to fifty thousand (50,000) square feet in gross floor area. b. When located within the MXD2 and MXD3 zones they are less than or equal to fifty thousand (50,000) square feet in gross floor area;
c. They are not open past 10:00 p.m.;
d. They are not specifically noted in Table 6.02-1, Mixed Use Zone Uses, of this chapter, requiring Conditional Use Permit approval or listed as a prohibited use; e. They are not listed as a prohibited use in Section 10-6.02 (B), Prohibited Uses, of this Chapter.
If items a through c above are not met, then approval of a Conditional Use Permit is required in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter. Exceptions to the requirement for a Conditional Use Permit for such uses may be granted at the discretion of the Planning Director on a case-by-case basis, based upon a review of site-specific conditions.
5. Group Instruction uses shall comply with the following standards:
a. No loitering shall be permitted before or after any classes or sessions.
6. Restaurants may be permitted provided:
a. They have only ancillary on-premise consumption of beer and wine associated with food sales;
b. They have no separate bar area;
c. When located within the MXD2 and MXD3 zones they are located on the ground floor facing a public street designated as a retail mixed use street; and d. They conform to the performance standards listed in this subsection (e) below.
If items (a) through (c) above are not met, then approval of a Conditional Use Permit is required in accordance with Section 57, of this Chapter. e. Restaurant Performance Standards. Restaurants shall comply with the following performance standards:
i. Seating shall not exceed that which the amount of parking allocated for the restaurant space would allow. A sign measuring at least one (1) foot by one (1) foot, with a lettering height of at least three (3) inches, shall be placed in a conspicuous location near the restaurant front entrance stating the maximum total seating allowed. Outdoor seating is allowed if it has been approved as part of the facility's
Minor Site Development Permit or Site Development Permit and is operated in conformance with any conditions of that approval.
ii. The restaurant shall comply with the City Council's Guidelines for Recycling Enclosures (Resolution No. 6296).
iii. The restaurant shall incorporate measures to reduce odors to acceptable levels, including, but not limited to, installation of a scrubber, carbon filter or similar equipment, on the roof vent to control odors.
iv. All the facility's floor drains, trash compactors and indoor mat and equipment washing areas shall be drained to the sanitary sewer.
v. Where applicable, the restaurant shall maintain an active account with a tallow hauling company.
vi. The restaurant shall prepare and implement a program assigning restaurant staff responsibility for complying with the following guidelines which shall be adhered to while the restaurant is in operation:
1) Wash all containers and equipment in the kitchen areas so that wash water may drain into the sanitary sewer.
2) Keep garbage dumpsters clean inside and out; replace very dirty dumpsters with new, clean ones.
3) Double bag waste to prevent leaking.
4) Place, do not drop or throw, waste-filled bags, to prevent leaking. 5) Keep the ground under and around the garbage dumpsters swept. 6) Sprinkle the ground lightly after sweeping with a mixture of water and a little bleach.
7) Hold training sessions to instruct employees on the proper procedures in the handling and disposal of food items; the general maintenance and use of the compactor and any other procedures that would assist the business in complying with all State and local health and sanitation standards. A record of such training must be kept to prove compliance with this requirement.
8) Post signs (in English and multi-lingual) inside the premises for all employees identifying procedures for food delivery and garbage disposal. 9) All garbage bins shall be stored in the garbage enclosure except for the twelve (12) hours immediately before and after garbage collection.
7. Retail and Offices shall comply with the following:
a. When located within the MXD zone:
i. Located in the area designated for ground floor retail and are less than or equal to ten thousand (10,000) square feet in gross floor area;
ii. Located in the areas not designated for ground floor retail and are less than or equal to fifty thousand (50,000) square feet in gross floor area.
b. When located within the MXD2 and MXD3 zones they are less than or equal to fifty thousand (50,000) square feet in gross floor area; d. They are not open past 10:00 p.m.;
e. They are not specifically noted in Table 6.02-1, Mixed Use Zone Uses, of this Chapter, requiring Conditional Use Permit approval or listed as a prohibited use; and f. They are not listed as a prohibited use in Section 10-6.02 (B), Prohibited Uses, of this Chapter.
If items a through c above are not met, then approval of a Conditional Use Permit is required in accordance with Section 57, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.
C. Mixed Use and Residential-Only Development Projects in the NCMU and TC zones.
1. Mixed use developments in the NCMU and TC zones shall provide commercial or active spaces designed to accommodate neighborhood-serving commercial uses at the ground level, and may include residential units. A proposed project in NCMU1, NCMU2, TC1, and TC2 shall include a minimum non-residential component in full compliance with the requirements of its zoning district as defined in section 11-10-6.04 Mixed Use Zone General Development Standards.
2. 100% affordable developments in NCMU1, NCMU2, TC1, and TC2 are exempt from the minimum non-residential requirement.
a. 100 percent of the residential units must be affordable to low-income (earning up to 80 percent of area median income) and/or very low income (earning up to 50 percent of area median income) households, as defined by the U.S. Department of Housing and Urban Development.
b. Affordability requirements shall be administered through a deed restriction, such as a restrictive covenant or other legally enforceable recorded instrument, for a minimum term of 55 years.
6.02-2 Quasi-Public Uses within MXD, NCMU, and TC Zones A. Churches and religious institutions are permitted in any location within the MXD, NCMU, and TC Zones.
B. The following quasi-public uses may be permitted within the MXD zones provided their location is first approved by the Planning Commission, in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, and they are not located within 1,000 feet of the parcel boundary of another quasi-public use listed below. This distance shall be measured from the property line of the parcel where such use is located.
1. Places of meeting or assembly, such as auditoriums, banquet halls, and fraternal or union halls.
2. Hospitals or sanitariums.
3. Private elementary, middle or high schools.
4. Vocational schools, if not found objectionable due to noise, odor, vibration or other similar health, safety and welfare basis.
XI-10-6.03 Affordable Housing
Affordable housing units should be provided in all new housing projects. Except as provided in Subsection XI-10-6.02-1(C)(2), while twenty percent (20%) is the minimum goal, affordable unit requirements will be determined on a project by project basis, taking into consideration the size and location of the project, the type of housing unit, proximity to transit and the mix of affordable units in the vicinity.
XI-10-6.04 Mixed Use Zone General Development Standards A. Standards within Specific Plan Areas. For properties located within a Specific Plan, refer to the Specific Plan for development standards. When a standard is not listed within the Specific Plan, the standards listed within the zoning ordinance shall govern.
B. General Standards. The following minimum requirements shall be observed. The minimum requirement shall be one of the following for the district classification as designated on the zoning map.
Table XI-10-6.04-1
Mixed Use Zone Development Standards
Standards MXD MXD2 MXD3
Nonresidential
lot area
minimum
Individual sites shall be
of such size that all space
requirements provided in
this section are satisfied.
Individual sites shall be
of such size that all space
requirements provided in
this section are satisfied.
Individual sites shall be of
such size that all space
requirements provided in this
section are satisfied.
Density,
MinimumMaximum
Residential
(Dwellings)1
21 min. 30 max. per gross
acre. For additional
standards refer to Section
6.04(C), Multi-Family
Residential Density
within the MXD, MXD2
and MXD3 zones
31 min. 40 max. per
gross acre.
For additional standards
refer to Section 6.04(C),
Multi-Family Residential
Density within the MXD,
MXD2 and MXD3
zones.
41 min. 60 max. per gross.
For additional standards refer
to Section 6.04(C), MultiFamily Residential Density
within the MXD, MXD2 and
MXD3 zones.
Front and
Street-Side
Yard
Setback,
Minimum
Refer to Section 6.04(D),
Front and Street-Side
Yard Setbacks.
Refer to Section 6.04(D),
Front and Street-Side
Yard Setbacks.
12 ft. min. 20 ft. max.
For additional standards refer
to Section 6.04(D), Front and
Street-Side Yard Setbacks, of
this chapter.
Interior-Side
Yard
Setback,
Minimum2
Ground Level
Commercial Area: 0 ft.
All other areas: 10 ft.
0 ft. Except when
abutting residential use
and for portions of
buildings over 60 ft. or
four stories tall, where
the interior side yards
shall be a minimum of 10
ft.
10 ft.
15 ft. when abutting
residential.
20 ft. for portions of
buildings over 60 ft. or four
stories tall.
Rear Yard
Setback,
Minimum3
10 ft. 10 ft.
15 ft. when abutting
residential
20 ft. for portions of
15 ft.
20 ft. when abutting
residential
30 ft. for portions of
buildings over 60 ft. or
four stories tall.
buildings over 60 ft. or four
stories tall.
Floor Area
Ratio, NonResidential
and Mixed
Use projects
For buildings and
portions thereof: .75 max.
1.5 max.
Refer to Section 6.04(E),
Floor Area Ratio, NonResidential.
2.0 max.
Refer to Section 6.04(E),
Floor Area Ratio, NonResidential.
Commercial
Area,
Minimum
Not Applicable 200 sq. ft. of retail,
restaurant, or pedestrianoriented commercial
service uses, allowed in
Table 6-02-1, Mixed Use
Zone Uses, must be
provided for every unit,
using the minimum
density.
Not Applicable
Building
Height4
Principal building: 3
stories and 45 ft.
Principal building: 6
stories or 75 ft.
Principal buildings with
frontage along Great
Mall Parkway: 12 Stories
or 150 ft.
Greater height, up to 20
stories may be allowed
through the approval of a
Conditional Use Permit.
Principal buildings: 12
stories or 150 ft.
Greater height, up to 20
stories may be allowed
through the approval of a
Conditional Use Permit.
Landscaping Refer to Section 6.04(G),
Landscaping.
Refer to Section 6.04(G),
Landscaping.
Refer to Section 6.04(G),
Landscaping.
Parking Refer to Section 53, Off
Street Parking
Regulations, of this
Chapter.
Refer to Section 53, Off
Street Parking
Regulations, of this
Chapter.
Refer to Section 53, Off
Street Parking Regulations,
of this Chapter.
1 For MXD3 properties, density may be averaged over contiguous parcels. 2 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Planning Commission during the Site Development Permit process, taking into consideration the nature of adjacent uses.
3 See Note 2 above.
4 Within the MXD zone, special architectural features, such as towers or corner elements may be up to 55 ft.
Table XI-10-6.04-2
NCMU Zone Development Standards
Standards NCMU1 NCMU2 NCMU3
Lot area minimum None None None
Density, MinimumMaximum
Residential
(Dwellings)1
Maximum: 60 du/ac Maximum: 60 du/ac Minimum: 30 du/ac
Maximum: 60 du/ac
Front and StreetSide Yard Setback,
Minimum
10' Residential
0' Commercial
10' Residential
0' Commercial
10' Residential
0' Commercial
Interior-Side Yard
Setback, Minimum2
For residential only and
mixed-use developments:
10 ft.
For all other nonresidential developments:
None required
On lots abutting a singlefamily residential zone: 25
ft.
For residential only and
mixed-use developments:
10 ft.
For all other nonresidential developments:
None required
On lots abutting a singlefamily residential zone: 25
ft.
For residential only and
mixed-use developments:
10 ft.
For all other nonresidential developments:
None required
On lots abutting a singlefamily residential zone: 25
ft.
Rear Yard Setback,
Minimum3
For residential only and
mixed-use developments:
10 ft.
For all other nonresidential developments:
None required
On lots abutting a singlefamily residential zone: 25
ft.
For residential only and
mixed-use developments:
10 ft.
For all other nonresidential developments:
None required
On lots abutting a singlefamily residential zone: 25
ft.
For residential only and
mixed-use developments:
10 ft.
For all other nonresidential developments:
None required
On lots abutting a singlefamily residential zone: 25
ft.
Floor Area Ratio,
Non-Residential and
Mixed Use projects4
No min. for commercial
only project.
0.20 min. commercial for
mixed use projects.
Minimum FAR may be
calculated or distributed
throughout a development
and across multiple
adjoining parcels.
0.50 max.
Maximum FAR does not
apply to hotels.
No min. for commercial
only project.
0.10 min. commercial for
first 100 feet of parcel
depth fronting a public
street for mixed-use
projects. Note: Minimum
commercial FAR may be
calculated or distributed
throughout a development
and across multiple
adjoining parcels and is
not required to be located
within the first 100 feet of
parcel depth.
0.50 max.
No min. commercial FAR
0.50 max.
Maximum FAR does not
apply to hotels.
Maximum FAR does not
apply to hotels.
Building Height 60’ and 5 stories 60’ or 5 stories 60’ or 5 stories Landscaping Refer to Section 6.04(G),
Landscaping.
Refer to Section 6.04(G),
Landscaping.
Refer to Section 6.04(G),
Landscaping.
Parking Refer to Section 6.04 (H)
Parking.
Refer to Section 6.04 (H)
Parking.
Refer to Section 6.04 (H)
Parking.
1 For NCMU3 properties, density may be averaged over contiguous parcels. 2 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Planning Commission during the Site Development Permit process, taking into consideration the nature of adjacent uses.
3 See Note 2 above.
4 Redevelopment of an existing commercial property to include new residential uses shall calculate the minimum commercial FAR upon the redeveloped portion of the property only. The Review Authority shall have the discretion to give credit to any retained commercial areas on the same parcel or adjacent parcels under common ownership when calculating the required minimum FAR.
Table XI-10-6.04-3
TC Zone Development Standards
Standards TC1 TC2 TC3
Lot area minimum None None None
Density, MinimumMaximum
Residential
(Dwellings)1
Maximum: 65 du/ac Maximum: 65 du/ac Minimum: 30 du/ac
Maximum: 65 du/ac
Front and StreetSide Yard Setback,
Minimum
For ground floor nonresidential use: 15 ft.
For ground floor residential
use: 20 ft.
For developments along E.
Calaveras Blvd. 35 ft.
For ground floor nonresidential use: 15 ft.
For ground floor
residential use: 20 ft.
For developments along
E. Calaveras Blvd. 35 ft.
For ground floor nonresidential use: 15 ft.
For ground floor residential
use: 20 ft.
For developments along E.
Calaveras Blvd. 35 ft.
Interior-Side Yard
Setback, Minimum2
For residential only and
mixed-use developments:
10 ft.
For all other nonresidential developments:
None required
For residential only and
mixed-use developments:
10 ft.
For all other nonresidential developments:
None required
For residential only and
mixed-use developments:
10 ft.
For all other nonresidential developments:
None required
On lots abutting a singlefamily residential zone: 15
ft.
On lots abutting a singlefamily residential zone: 15
ft.
On lots abutting a singlefamily residential zone: 15
ft.
Rear Yard Setback,
Minimum3
For residential only and
mixed-use developments:
10 ft.
For all other nonresidential developments:
None required
On lots abutting a singlefamily residential zone: 15
ft.
For residential only and
mixed-use developments:
10 ft.
For all other nonresidential developments:
None required
On lots abutting a singlefamily residential zone: 15
ft.
For residential only and
mixed-use developments:
10 ft.
For all other nonresidential developments:
None required
On lots abutting a singlefamily residential zone: 15
ft.
Floor Area Ratio,
Non-Residential and
Mixed Use projects4
No min. for commercial
only project.
0.35 min. commercial for
mixed use projects.
Minimum commercial
FAR may be calculated or
distributed throughout a
development and across
multiple adjoining parcels.
0.85 max.
Maximum FAR does not
apply to hotels.
No min. for commercial
only project.
0.10 min.commercial for
first 100 feet of parcel
depth fronting a public
street. Note: Minimum
commercial FAR may be
calculated or distributed
throughout a development
and across multiple
adjoining parcels and is
not required to be located
within first 100 feet of
parcel depth
0.85 max.
Maximum FAR does not
apply to hotels.
No min. commercial FAR
0.85 max.
Maximum FAR does not
apply to hotels.
Building Height 75’ and 6 stories 75’ and 6 stories 75’ and 6 stories Landscaping Refer to Section 6.04(G),
Landscaping.
Refer to Section 6.04(G),
Landscaping.
Refer to Section 6.04(G),
Landscaping.
Parking Refer to Section 6.04 (H)
Parking.
Refer to Section 6.04 (H)
Parking.
Refer to Section 6.04 (H)
Parking.
1 For TC3 properties, density may be averaged over contiguous parcels. 2 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Planning Commission during the Site Development Permit process, taking into consideration the nature of adjacent uses.
3 See Note 2 above.
4 Redevelopment of an existing commercial property to include new residential uses shall calculate the minimum commercial FAR upon the redeveloped portion of the property only. The Review Authority shall have the discretion to give credit to any retained commercial areas on the same parcel or adjacent parcels under common ownership when calculating the required minimum FAR.
NCMU2 and TC2 Minimum Commercial Floor Area Diagram
C. Multi-Family Residential Density within Mixed Use zones.
1. MXD Standards.
a. The minimum number of multi-family residential units may be reduced for parcels less than 20,000 square feet.
b. In buildings which have ground floor retail, restaurant, child care, or commercial service uses as allowed in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the density limits.
2. MXD2 Standards.
a. The minimum number of multi-family residential units may be reduced for parcels less than 20,000 square feet.
b. Units with four bedrooms shall be counted as 1.5 units when calculating density. c. In buildings which have ground floor retail, restaurant, child care, or commercial service uses as allowed in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the density limits.
3. MXD3 Standards.
a. Units with four bedrooms shall be counted as 1.5 units when calculating density. b. In buildings which have ground floor retail, restaurant, child care, or commercial service uses as allowed in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the density limits.
4. NCMU1, NCMU2, and NCMU3 Standards.
a. Residential units with four bedrooms shall be counted as 1.5 units when calculating density.
5. TC1, TC2, and TC3 standards
a. Residential units with four bedrooms shall be counted as 1.5 units when calculating density.
D. Front and Street-Side Yard Setbacks. The following standards shall apply to front and street-side yard setbacks:
1. All MXD, NCMU, and TC zones.
a. Where a public easement prevents a building from being located at its required minimum or maximum setbacks, the building shall be located as close to the back of said easement as possible.
b. Trellises, canopies and fabric awnings may project up to five (5) into minimum front and street side setback areas and public right of ways, provided they are not less than eight (8) feet above the sidewalk.
c. All buildings shall be oriented towards the street. Primary building entrances shall be oriented toward the street. For buildings located on a corner lots, either street primary building entrances may be oriented to either street.
2. MXD zones:
a. All areas.
i. Balconies, bay windows, porches, stoops, trellises, canopies and awnings may project into the minimum setback areas provided at least sixty percent (60%) of the required setback area is landscaping.
ii. A building's first floor may be recessed from either the maximum front and street side building setback line or the specified build-to-line for the purposes of an arcade, or a small gathering/dining or special entry area.
The arcade shall have a minimum height of (8) feet, a minimum width of eight (8) feet. Other recessed areas may have maximum depth of ten (10) feet, and may not exceed forty percent (40%) of the building's street facing elevation. An entry door area up to nine (9) feet wide may be recessed up to four (4) feet from the back of the sidewalk.
b. Within the Midtown Specific Plan.
i. The Ground Level Commercial Area (as shown on the Specific Plan Land Use Map, Figure 3.1), shall have a build-to-line that is fifteen (15) feet behind the curb. The
fifteen (15) feet between the curb and the building build-to-line shall be developed with sidewalk and street trees.
c. Outside the Midtown Specific Plan.
i. Minimum of eight (8) feet and a maximum of fifteen (15) feet from back of sidewalk. The sidewalk shall be based on either the existing sidewalk or assumed ten (10) foot wide sidewalk, whichever is wider.
3. MXD2 zones:
a. All areas.
i. Balconies, bay windows, porches, stoops, trellises, canopies and awnings may project into the setback areas up to the property line. ii. A building's first floor may be recessed from the front and street side building setback line for the purposes of an arcade, outdoor dining area, or special entry area.
The arcade shall have a minimum height of (8) feet, and a minimum width of eight (8) feet. Other recessed areas may have a maximum depth of ten (10) feet, and may not exceed twenty percent (20%) of the building's street facing elevation. An entry door area up to nine (9) feet wide may be recessed up to four (4) feet from the front and street-side building setback.
b. Within the Transit Area Specific Plan.
i. Setbacks are defined and illustrated in the street sections of Chapter 5 of the Transit Area Specific Plan.
c. Outside the Transit Area Specific Plan.
i. Minimum eight (8) feet and a maximum of fifteen (15) feet from back of sidewalk.
E. Floor Area Ratio, Non-Residential. In addition to the standards listed in Table 6.04-1 Mixed Use Zone Development Standards for MXD2 and MXD3 zoned properties, the following shall apply:
1. A Floor Area Ratio of two and a half (2.5) for non-residential buildings may be considered for individual sites with a Conditional Use Permit, in accordance with Section 57, Conditional Uses Permitted by Commission, of this Chapter.
2. There are no FAR or density limits for hotels.
3. In buildings which have ground floor retail, restaurant, child care, or commercial service uses as provided for in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the FAR calculation.
4. Buildings which include both non-residential uses and residential uses on the upper floors shall be considered "non-residential," and Floor Area Ratio standards shall apply.
F. Landscaping. All required front and street setback areas shall be landscaped or paved to allow for outdoor seating, display or goods, or street furniture.
G. Park and Open Space Requirements for Residential Uses.
1. Areas within Midtown Specific Plan.
a. All residential projects within the Midtown Specific Plan area shall provide park land at a ratio of three and one-half (3½) acres per one thousand (1,000) population. Up to one and one-half (1½) of each three and one-half (3½) total park acres required (43%) may be satisfied by the provision of private recreational areas. The remaining park land requirement must be satisfied by either dedication of land to the City for public parks and open space, or payment of an in-lieu fee, as set forth in Section 9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1).
b. A minimum of twenty-five percent (25%) of the total site shall be usable open space or recreational facilities. Balconies, porches, or roof decks may be considered usable open space when properly developed for work, play or outdoor living areas. c. Balconies, porches, or roof decks may be considered usable open space when properly developed for work, play or outdoor living areas. Balconies and porches located above ground level with a minimum dimension of 4½ feet constructed for use by dwelling units shall be exempt from the useable open space dimension standards above and within Section 2 of this Chapter, and may be considered to satisfy usable open space requirements. Each dwelling unit shall be provided with private open space as follows:
i. Balconies and porches (above ground level): minimum sixty (60) square feet; or ii. Patios (at ground level): minimum one hundred square feet.
2. Areas within Transit Area Specific Plan.
a. All residential projects shall provide park land at a ratio of three and one-half (3.5) acres per one thousand (1,000) population.
i. Two (2) of the required three and one-half (3.5) acres must be satisfied by either dedication of land to the City for public parks and open space, or payment of an inlieu fee, as set forth in Section 9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1). Land dedication is required if a park is shown on a property on Figure 3-8 of the Transit Area Specific Plan. ii. Up to one and one-half (1.5) of each three and one-half (3.5) total park acres required (43%) may be satisfied by the provision of private recreational areas.
Private open space cannot be shared between separate developments. b. Each residential project shall provide adequate on-site usable open space or recreational facilities to the approval of the Planning Commission through the Site Development Permit process. Each dwelling unit shall be provided with private open space as follows:
i. Balconies (above ground level): minimum forty (40) square feet; or ii. Patios and porches (at ground level): minimum fifty (50) square feet. c. All development projects shall dedicate land for parks if a park is shown on a property on Figure 3-8 of the Transit Area Specific Plan.
d. All commercial development projects shall dedicate and/or improve public trails if a trail is shown on a property on Figure 3-8 of the Transit Area Specific Plan. e. Twenty percent (20%) of a landscape buffer area may count towards the public park and open space requirements when it includes trails or wide sidewalks connected to the pedestrian and bicycle network.
f. Park Sites: Parks must be bordered by public streets, or public right-of-way such as a trail or railroad right-of-way, on at least three sides.
3. Areas designated NCMU and TC
a. Park Land. All residential projects shall provide park land at a ratio of three and one-half (3.5) acres per one thousand (1,000) population.
i. Park Land must be satisfied by either dedication of land to the City for public parks and open space, or payment of an in-lieu fee, as set forth in Section 9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1). b. Publicly Accessible Parks and Open Spaces. All mixed use or residential only projects on sites between 3 acres and 5 acres shall dedicate 5% of total site area to publicly accessible parks and open space. All mixed use or residential only projects greater than 5 acres shall dedicate 10% of total site area to publicly accessible parks and open space. Publicly accessible parks, plazas, and open spaces provided to meet the requirement below may be counted towards the park land requirement above.
c. Usable Open Space. A minimum of twenty-five percent (25%) of the total site shall be usable open space or recreational facilities. Usable open space may be provided as Common Open Space or Private Open Space.
5. Areas outside Specific Plans.
a. All residential projects outside a Specific Plan area shall comply with the park land dedication provisions provided in Section 9.06 (Amount of Park Land to be Dedicated) of the Milpitas Subdivision Ordinance.
H. Parking Summary: Requirements are located in Section 53
1. Areas designated NCMU and TC
a. The minimum number of parking spaces required for residential uses shall be as follows:
Studio and 1-bedroom (up to 1,100 sf): 1 per unit
2-bedroom (up to 1,1100 sf): 1.5 per unit
3 or more bedrooms and/or 1,101 sf or larger: 2 per unit b. The minimum number of parking spaces required for commercial uses shall be 1 space per 300 sq.ft. of commercial use.
For other parking-related standards, refer to Section 53, Off Street Parking Regulations, of this Chapter.
TABLE IS EXCEPRT FROM SECTION 53
Mixed Use buildings or sites
Residential use
Studio and 1 bedroom (up to 1,100 sf) 1 per unit
2 bedroom (up to 1,100 sf) 1.5 per unit
3 or more bedrooms and/or 1,101 sf or
larger
2 per unit
Guest parking for residential
Projects with Parking structures 10% of the total required, may be uncovered Projects with Private garages 10% of the total required, may be uncovered Bicycle parking 5% of total required
Commercial use
Ground Floor Retail 1 per 300 sq. ft.
Office 1 per 300 sq. ft.
Restaurants
1 per 300 sq.ft.
Short-Term Rentals 1 per unit
Other uses Refer to specific uses within this table
Bicycle parking 5% of total auto spaces required
Mobile Homes Refer to Section 13.07, Mobile Homes
Senior Housing 0.5 per unit plus 2 per manager's unit
Single Room Occupancy (SRO) none required
XI-10-6.05 Reserved
XI-10-6.06 Special Development Standards
A. Utilities.
1. Utilities shall be placed in underground or subsurface conduits.
2. All mechanical equipment, ground transformers and meters shall be located and screened to minimize visual impacts.
3. Rooftop mechanical equipment shall be concealed from street level views through roof designs that area architecturally integrated with the building, such as equipment wells and parapets.
4. Public utility distribution meters, vaults and similar installations shall be consolidated in a single area whenever possible and located away from highly visible areas such as street corners and public open spaces.
5. Backflow preventors shall be located within landscaped setback areas and painted black or dark green to minimize visual impact. Where no landscaped setback areas exist the backflow preventors shall be incorporated into the front of the building to minimize visual obtrusiveness.
6. Refuse and recycling containers shall not be visible from a public or private street. Such containers shall be stored either within the parking facility of the building or within a vehicular accessway with screening designed to meet the requirements of this section.
7. Trash enclosure walls shall incorporate building materials and colors that match the architecture of the building, and be well landscaped.
8. All telecommunications antennas shall be building facade or roof mounted and screened appropriately.
9. On Main Street only telecommunication facilities that are disguised to appear as a part of the building architecture (i.e. "stealth" antennas) may be used.
B. Outdoor music
1. Outdoor music as an accessory use in conjunction with a restaurant or bar in the MXD, MXD2, MXD3, NCMU, and TC zones shall be permitted for the entertainment and enjoyment of customers at the restaurant or bar during regular operating hours. Outdoor music as an accessory use shall be limited to the hours of 9:00 am to 11:00 pm.
2. Recorded background music may be permitted outdoors on public sidewalks and other public areas subject to the standards of this Chapter and Title V – Public Health, Safety and Welfare, Chapter 213 – Noise Abatement.
3. Noise levels for outdoor music, when permitted as an accessory use to a restaurant or bar, shall not exceed a maximum range of 70 to 90 decibels (dB). See also Title V – Public Health, Safety and Welfare, Subsections V-213-2 and V-213-3, for additional regulations.
4. Larger outdoor music events, both live and recorded music, that are intended for the entertainment and enjoyment of the general public shall not be considered accessory uses and shall require a Special Event Permit pursuant to Section 15, Special Events and Activities, of this Chapter.
XI-10-6.07 Exceptions to Standards
1. Exceptions to all but the use, floor area ratio, density, and park land requirement regulations of this Section may be approved by the Planning Commission through approval of a Conditional Use Permit in accordance with the requirements of Section 57, Conditional Uses Permitted by Commission, of this Chapter.
2. In addition to the required findings under Chapter 57, the Planning Commission must be able to make the following two additional findings for such exceptions:
a. The exceptions meet the design intent identified within the Zoning District and/or Specific Plan and do not detract from the overall architectural, landscaping and site planning integrity of the proposed development.
b. The exceptions allow for a public benefit not otherwise obtainable through the strict application of the specified standard.
XI-10-6.08 Conformance with Specific Plans
Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.
SECTION 4. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 6.0 (ZONING MAP)
The Zoning Map of the City of Milpitas, as amended, which was adopted as part of ordinance No. 38, enacted as Chapter XI-10 (Zoning, Planning, and Annexations) of the Milpitas Municipal Code, is hereby amended by rezoning the land use designation of approximately 273- acre area within the depicted maps as attached Exhibit A, B, C, and D and separately listed in Exhibit E.
SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The adoption of this Ordinance is under the authority of an Addendum to the Milpitas General Plan Update Final EIR (March 2021, State Clearinghouse No. 2020070348); that was prepared pursuant to CEQA Guidelines Sections 15162 and 15164, to evaluate whether the Project’s environmental impacts are covered by and within the scope of the Milpitas General Plan Update FEIR. The Addendum Evaluation details any changes in the project, changes in circumstances under which the project is undertaken, and/or "new information of substantial importance" that may cause one or more effects to environmental resources.
The attached Addendum substantiates and supports the City’s determination that the HOD changes are within the scope of the General Plan EIR, do not require subsequent action under CEQA Guidelines Section 15162, and adequately analyze potential environmental impacts in conjunction with the EIR. Further, although the Project has been revised from the initial Addendum, dated April 2024, Rincon Consultants, Inc., on behalf of the City, prepared a Supplemental Letter (memorialized as an attachment to the staff report, dated January 28, 2025) and found that the proposed zoning changes and the latest revisions would result in a reduced buildout compared to the Addendum analysis. This reduction in residential units and the consistency in non-residential space reduction, specifically commercial FAR minimums and maximums, ensure that the impacts would be less significant, as previously analyzed, and similar to or reduced compared to the Addendum conclusions. Additionally, the proposed changes are consistent with the overall land use and growth projections assumed within the General Plan EIR, which has already accounted for and mitigated potential environmental impacts. Since the environmental conditions have not changed since the April 2024 Addendum, the baseline conditions for analyzing impacts remain the same.
Consequently, the reduced buildout further supports the conclusion that the impacts would be less significant, and the conclusions of the Addendum remain valid. Based on its independent review and consideration, the City Council hereby finds that the Addendum and the Supplemental Letter to the Addendum complies with the requirements of CEQA and adopts the conclusions in the Addendum and the Supplemental Letter to the Addendum on the basis of the evidence and reasoning set forth therein.
SECTION 6. SEVERABILITY
Ordinance No. 38-857
The provisions of this Ordinance are severable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.
SECTION 7. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
Ordinance No. 38-857
Exhibit A: Proposed NCMU Zones at Calaveras Blvd
Ordinance No. 38-857
Exhibit B: Proposed NCMU Zones at Landess Ave
Ordinance No. 38-857
Exhibit C: Proposed NCMU Zones at Dixon Rd
Ordinance No. 38-857
Exhibit D: Proposed TC Zones
Ordinance No. 38-857
Exhibit E: Proposed Zoning updates to implement the HODs, NCMU, and TC APN Existing
Zoning
Proposed
Zoning
8804078 C1 NCMU1
2606030 C NCMU1
8835011 C2 NCMU1
2606010 C NCMU1
2913039 C2 NCMU1
8835017 C2 NCMU1
8835018 C1 NCMU1
8836010 C2 NCMU1
2913041 C2 NCMU1
8836044 C2 NCMU1
8835015 C1 NCMU1
2606001 C1 NCMU1
8835016 C2 NCMU1
2606011 C NCMU1
2606029 C NCMU1
8836045 C2 NCMU1
8836002 CSS NCMU2
8843043 C2 NCMU2
2913014 COS NCMU2
8804010 C1 NCMU2
8804065 C1 NCMU2
8836040 CSS NCMU2
8836041 CSS NCMU2
8836025 CSS NCMU2
8804075 C15 NCMU2
2605023 C1S NCMU2
8804043 AS NCMU2
2913013 C1H NCMU2
2202050 S NCMU2
8843031 C2S NCMU2
8843002 C2 NCMU2
8843026 C2 NCMU2
2202049 S NCMU2
2201004 HSS NCMU2
8843028 C2 NCMU2
8836030 CSS NCMU2
8843027 C2 NCMU2
8836036 CSS NCMU2
Ordinance No. 38-857
8836035 CSS NCMU2
8804048 C1S NCMU2
8843025 C2 NCMU2
2605024 MXD-S NCMU2
8804077 R1 NCMU3
8804076 C1 NCMU3
2605019 C1S NCMU3
2605021 C1S NCMU3
2605018 C1S NCMU3
2605020 C1S NCMU3
8804072 C NCMU3
2201011 HS NCMU3
8804060 C1 NCMU3
8804001 C1S NCMU3
8804056 C1S NCMU3
8804073 C NCMU3
2201003 HSS NCMU3
2605053 C1S NCMU3
2812025 TC TC1
2822016 TC TC1
2826001 TC TC3
2812004 TC TC1
2801001 TC TC3
2822009 TC TC1
2822132 TC TC2
2822008 TC TC1
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2812014 TC TC1
2812016 TC TC1
2822011 TC TC2
8628051 TC TC1
8628031 TC TC1
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8628033 TC TC1
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2812020 TC TC2
8628038 TC TC2
8629079 TC TC2
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8628035 TC TC2
8628019 TC TC2
8628040 TC TC2
Ordinance No. 38-857
8628029 TC TC2
8679087 TC TC2
2826004 TC TC3
2826006 TC TC3
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2812021 TC TC3
8629060 TC TC3
8628047 TC TC3
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2822012 TC TC3
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Ordinance No. 38-857
8679051 TC TC3
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8692029 TC TC3
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8692019 TC TC3
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8679087 TC TC3
8692005 TC TC3
8692028 TC TC3
8692026 TC TC3
8692024 TC TC3
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8692022 TC TC3
8692020 TC TC3
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8692016 TC TC3
8692014 TC TC3
8692013 TC TC3
8692015 TC TC3
8692017 TC TC3
8626037 TC TC3
8679039 TC TC3
8628040 TC TC3
8692027 TC TC3
Ordinance No. 38-857
8692006 TC TC3
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Ordinance No. 38-857
8668053 TC TC3
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8668083 TC TC3
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8668080 TC TC3
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Ordinance No. 38-857
8668040 TC TC3
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2831016 TC TC3
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2835016 TC TC3
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Ordinance No. 38-857
2835043 TC TC3
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2831037 TC TC3
2831004 TC TC3
2835019 TC TC3
2833046 TC TC3
2831039 TC TC3
2831020 TC TC3
2831012 TC TC3
2832021 TC TC3
2832014 TC TC3
2835048 TC TC3
2832018 TC TC3
2833043 TC TC3
2831034 TC TC3
2833036 TC TC3
2833019 TC TC3
2832010 TC TC3
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2832008 TC TC3
2832002 TC TC3
2833012 TC TC3
2831009 TC TC3
2835041 TC TC3
2833023 TC TC3
2832015 TC TC3
2835030 TC TC3
Ordinance No. 38-857
2835031 TC TC3
2831011 TC TC3
2831001 TC TC3
2835060 TC TC3
2831007 TC TC3
2835006 TC TC3
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2831008 TC TC3
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2832017 TC TC3
2833031 TC TC3
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2835037 TC TC3
2833039 TC TC3
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2833030 TC TC3
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Ordinance No. 38-857
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2833048 TC TC3
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2833018 TC TC3
2832011 TC TC3
2835021 TC TC3
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2835027 TC TC3
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2835011 TC TC3
2831019 TC TC3
2831021 TC TC3
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2833045 TC TC3
2833047 TC TC3
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2833033 TC TC3
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2835052 TC TC3
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2832020 TC TC3
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2835058 TC TC3
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Ordinance No. 38-857
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CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Designating Street Resurfacing 2025-26, Project No. 4307, to be Funded by California Senate Bill 1 - The Road Repair and Accountability Act of 2017 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/6/2025
Recommendation: Adopt a resolution designating Street Resurfacing 2025-2026, Project No. 4307, to be funded by California Senate Bill 1 - The Road Repair and Accountability Act of 2017.
BACKGROUND:
The Traffic and Transportation Engineering Division of the Public Works Department is responsible for planning and managing the Citywide Street Resurfacing Program. The streets identified annually for the repair, rehabilitation, and/or reconstruction are based on the Pavement Technical Assessment Program (PTAP) report developed by the Metropolitan Transportation Commission (MTC) which provides agencies with recommendations to optimize the pavement condition rating and suggested use of funding. According to the 2024 P-TAP report, the City’s Pavement Condition Index (PCI) stands at 71, classified as "Good Condition" and above the Bay Area’s average of 67. The City’s goal is to maintain a minimum of a PCI rating of 70.
California Senate Bill 1 - The Road Repair and Accountability Act of 2017 (SB1-RMRA), was signed into law by the Governor in April 2017 to address significant statewide transportation funding shortfalls. The distribution of SB1-RMRA funding to local jurisdictions for road maintenance is based on a population formula. The City of Milpitas is estimated to receive $2,145,461.00 in funding for fiscal year 2025-2026, which will be available on September 1, 2025.
ANALYSIS:
As part of the SB1-RMRA program, the California Transportation Commission requires the City to submit an adopted Resolution specifying project(s) that are designated to received SB1-RMRA funding no later than July 1, 2025. Staff has recommends Street Resurfacing Project 2025-26, Project No. 4307 (“Project”) to receive the designated SB1-RMRA funding which is included in the proposed 2026-2030 Capital Improvement Program.
The Project provides for the design and improvements of the following streets (Attachment 1) with a project budget of $4.4 million and anticipated to break ground in the summer of 2026. • Yellowstone Avenue from Landess Avenue to South Park Victoria Drive • South Park Victoria Drive from Yosemite Avenue to Yellowstone Avenue • Streets in the neighborhood to the east and west of S. Park Victoria Drive – Acadia Avenue, Big Basin Drive, Lassen Avenue (East), Olympic Drive (West and East), Platt Avenue (West and East), Platt Court, Saratoga Drive and Pheland Court
Staff recommends the City Council adopt a Resolution (Attachment 2) designating Street Resurfacing Project 2025-2026, Project No. 4307, to be partially funded by SB1-RMRA funds in the amount of $2,145,461.00 in fiscal year 2025-2026. The remaining funding for the Project will be Measure B, Vehicle Registration Fees and State Gas Tax. Staff has also submitted a grant application for half of the project’s overall budget via the California Transportation Commission Local Partnership Program and anticipates hearing an announcement in the upcoming months.
POLICY ALTERNATIVE(S):
Alternative 1: Do not adopt a Resolution stating Street Resurfacing Project 2025-2026, Project No. 4307 is to be funded by SB1-RMRA as required by CTC.
Pros: None.
Cons: Delaying the adoption of the Resolution will put the City at risk of losing the State allocation of the SB1- RMRA funding.
Reason not Recommended: SB1-RMRA funding is needed to help offset the cost of the annual street resurfacing program to maintain and improve the condition of the City’s pavement infrastructure.
FISCAL IMPACT:
The receipt of annual SB1-RMRA funding for the use in the City’s pavement maintenance program is needed to help offset the City costs and will reduce the need for funding from other City funding sources such as the General Fund. It is anticipated the City will receive $2,145,461.00 in funding to be used for Street Resurfacing Project 2025-26, Project No. 4307.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The project entails the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301. The project further entails replacement or reconstruction of existing facilities where the new facilities will be located on the same site as the facilities replaced and will have substantially the same purpose and capacity as the structure replaced and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15302.
RECOMMENDATION:
Adopt a resolution designating Street Resurfacing Project 2025-26, Project No. 4307, to be funded by California Senate Bill 1 - The Road Repair and Accountability Act of 2017.
ATTACHMENT(S):
(1) Project Locations Map
(2) Resolution
RESOLUTION NO._______
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-2026 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB1-RMRA includes accountability and transparency provisions that will ensure the City of Milpitas community is aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Milpitas must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account created by SB 1 (SB1-RMRA), which must include a description and the location of each proposed project, a proposed schedule for project completion, and the estimated useful life of the improvement; and WHEREAS, the City of Milpitas, will receive an estimated $2,145,461 in SB1-RMRA funding in Fiscal Year 2025-26; and
WHEREAS, this is the ninth year in which the City is receiving SB1 funding and will enable the City of Milpitas to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1-RMRA; and WHEREAS, the City of Milpitas has undergone a robust public process to ensure public input into our community’s transportation priorities/project list; and WHEREAS, the City of Milpitas used a Pavement Management System to develop the SB1-RMRA project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB1 will help the City of Milpitas maintain and improve 131 center lane miles of streets throughout the City of Milpitas this year and similar projects into the future; and WHEREAS, the 2024 California Statewide Local Streets and Roads Needs Assessment found that the City of Milpitas streets and roads are in a “good” condition, and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and
WHEREAS, the SB1-RMRA project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
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 following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues:
Project Title: Street Resurfacing Project 2025-26, Project No. 4307 Project Description: The project will include the repairs of asphalt pavement section, replacement of curb and gutters, driveways, and sidewalks; installation of asphalt and ADA curb ramps; and installation of Class IIB bike lanes and Class IIIB bike route facilities as described in the 2022 Trail, Pedestrian and Bicycle Master Plan.
Project Location: Yellowstone Avenue from Landess Avenue to S. Park Victoria Drive and S. Park Victoria Drive from Yosemite Avenue to Yellowstone Avenue, and streets in the neighborhood to the east and west of S. Park Victoria Drive – Acadia Avenue, Big Basin Drive, Lassen Avenue (East), Olympic Drive (West and East), Platt Avenue (West and East), Platt Court, Saratoga Drive and Pheland Court.
Estimated Project Schedule: Commence by July 2025 and complete by December 2027 based on the component being funded with RMRA funds.
Estimated Project Useful Life:7-10 years
PASSED AND ADOPTED by the City Council of the City of Milpitas, State of California 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
RESOLUTION NO._______
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-2026 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB1-RMRA includes accountability and transparency provisions that will ensure the City of Milpitas community is aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Milpitas must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account created by SB 1 (SB1-RMRA), which must include a description and the location of each proposed project, a proposed schedule for project completion, and the estimated useful life of the improvement; and WHEREAS, the City of Milpitas, will receive an estimated $2,145,461 in SB1-RMRA funding in Fiscal Year 2025-26; and
WHEREAS, this is the ninth year in which the City is receiving SB1 funding and will enable the City of Milpitas to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1-RMRA; and WHEREAS, the City of Milpitas has undergone a robust public process to ensure public input into our community’s transportation priorities/project list; and WHEREAS, the City of Milpitas used a Pavement Management System to develop the SB1-RMRA project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB1 will help the City of Milpitas maintain and improve 131 center lane miles of streets throughout the City of Milpitas this year and similar projects into the future; and WHEREAS, the 2024 California Statewide Local Streets and Roads Needs Assessment found that the City of Milpitas streets and roads are in a “good” condition, and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and
WHEREAS, the SB1-RMRA project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
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 following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues:
Project Title: Street Resurfacing Project 2025-26, Project No. 4307 Project Description: The project will include the repairs of asphalt pavement section, replacement of curb and gutters, driveways, and sidewalks; installation of asphalt and ADA curb ramps; and installation of Class IIB bike lanes and Class IIIB bike route facilities as described in the 2022 Trail, Pedestrian and Bicycle Master Plan.
Project Location: Yellowstone Avenue from Landess Avenue to S. Park Victoria Drive and S. Park Victoria Drive from Yosemite Avenue to Yellowstone Avenue, and streets in the neighborhood to the east and west of S. Park Victoria Drive – Acadia Avenue, Big Basin Drive, Lassen Avenue (East), Olympic Drive (West and East), Platt Avenue (West and East), Platt Court, Saratoga Drive and Pheland Court.
Estimated Project Schedule: Commence by July 2025 and complete by December 2027 based on the component being funded with RMRA funds.
Estimated Project Useful Life:7-10 years
PASSED AND ADOPTED by the City Council of the City of Milpitas, State of California 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
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Requesting the Allocation, Acceptance and Appropriation of Transportation Development Act Article 3 Funds for the Americans with Disabilities Act Curb Ramp Transition Program, Project No. 4283 (Staff Contact:
Christian Di Renzo, Public Works Director, 408-586-2602; Michael Silveira, City Engineer, 408-586-3303)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/6/2025
Recommendation: (1) Adopt a resolution requesting allocation of Transportation Development Act Article 3 Funding for the City’s Americans with Disabilities Act Curb Ramp Transition Program, Project No. 4283; and
(2) Authorize the City Manager or their designee to negotiate, accept and execute grant agreements and all ancillary documents necessary to execute the respective grant agreements administered by the funding agency, Metropolitan Transportation Commission, in an amount not-to-exceed $281,351; and
(3) Appropriate $281,351 into the construction phase (Phase 7) for the ADA Curb Ramp Transition Program, Project No. 4283.
BACKGROUND:
The California Transportation Development Act (TDA) was approved in 1971 to provide funding to Counties for transit and non-transit related purposes and improve existing public transportation services through a regional transportation plan administered by the Metropolitan Transportation Commission (MTC). The TDA allows each county to establish a quarter-cent sales tax to finance a wide variety of transportation projects such as transit operations, bus and rail projects, special transit services for disabled riders, pedestrian and bicycle facilities, and transportation planning.
As part of the TDA funding, Transportation Development Act Article 3 (TDA Article 3) provides annual funding for bicycle and pedestrian improvement projects which is disbursed based on a population formula. TDA Article 3 funding may be “banked” or set aside for a maximum of up to four years. The City has banked the funds in Fiscal Year (FY) 2023-24 in the amount of $65,190 and FY2024-25 in the amount of $117,383 and will receive $98,778 in FY 2025-26. The total available funding through TDA Article 3 is $281,351.
ANALYSIS:
The City is required to adopt a resolution requesting allocation of TDA Article 3 funds (Attachment 1) and submit a grant proposal to the MTC before June 27, 2025.
Staff recommends using the available TDA Article 3 funding for the Americans with Disabilities Act (ADA) Curb Ramp Transition Program, Capital Improvement Program Project No. 4283. This Project provides for the replacement of curb ramps and sidewalk that are damaged and/or non-compliant with ADA, install striping of Class II bike lanes and crosswalks and meet State and Federal access requirements. Locations of improvements were approved as part of the Street Sealing Project 2024, (Project Nos. 3424, 3426, 4283, 4305 and 7118) with a construction contract award occurring on this evening’s agenda. MTC is expected to release TDA Article 3 funding for FY2025-26 on July 1, 2025.
POLICY ALTERNATIVE(S):
Alternative: Do not adopt a resolution requesting allocation of the TDA Article 3 funds from the MTC to complete replacement of ADA curb ramp and sidewalk, and installation of the striping of Class II bike lanes and crosswalks.
Pro: None
Con: TDA Article 3 funding is used by the City to offset the cost of constructing mandatory ADA curb ramps and sidewalks, and installation of the striping of Class II bike lanes and crosswalks. The adoption of a resolution requesting the allocation of TDA Article 3 funds and the submission of a grant proposal to the MTC before June 27, 2025, is a requirement to obtain this funding.
Reason not Recommended: A denial of this request would cause the City to not receive TDA Article 3 funding for FY2023-24, FY2024-25, and FY2025-26 and would limit the City’s ability to complete required bicycle and pedestrian improvements.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The projects are exempt under Section 15301 (Existing Facilities) of the CEQA guidelines. A Notice of Exemption (NOE) was filed with the County of Santa Clara on February 18, 2025.
FISCAL IMPACT:
The $281,351 allocation will be appropriated into the construction phase (Phase 7) for the ADA Curb Ramp Transition Program, Project No. 4283, upon receipt of the FY2025-26 TDA-3 funds, after MTC releases those monies on July 1, 2025.
RECOMMENDATION:
(1) Adopt a resolution requesting allocation of Transportation Development Act Article 3 Funding for the City’s Americans with Disabilities Act Curb Ramp Transition Program, Project No. 4283; and (2) Authorize the City Manager or their designee to negotiate, accept and execute grant agreements and all ancillary documents necessary to execute the respective grant agreements administered by the funding agency, Metropolitan Transportation Commission, in an amount not-to-exceed $281,351; and (3) Appropriate $281,351 into the construction phase (Phase 7) for the ADA Curb Ramp Transition Program, Project No. 4283.
ATTACHMENT(S):
(a) Resolution
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS REQUESTING OF
THE METROPOLITAN TRANSPORTATION COMMISSION THE ALLOCATION OF FISCAL YEAR 2025/2026 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3
PEDESTRIAN/BICYCLE PROJECT FUNDING
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the City of Milpitas desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this Resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City of Milpitas declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code.
3. There is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this Resolution, or that might impair the ability of the City of Milpitas to carry out the project.
4. The project has been reviewed by the countywide Bicycle Advisory Committee or equivalent and has been approved by MTC to use the countywide BAC and the countywide BAC provides for expanded representation of the City of Milpitas and the designated representatives are familiar with the bicycle and pedestrian needs of the City of Milpitas.
5. The City of Milpitas attests to the accuracy of and approves the statements in Attachment A to this Resolution.
6. A certified copy of this Resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Santa Clara County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.
PASSED AND ADOPTED this 6th day of May 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
Resolution No. _______
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2025/2026 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings
1. That the City of Milpitas is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Milpitas legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.
2. That the City of Milpitas has committed adequate staffing resources to complete the project(s) described in Attachment B.
3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).
4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.
5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).
6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).
7. That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Milpitas within the prior five fiscal years.
8. That the project(s) described in Attachment B is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan.
9. That any project described in Attachment B that is a bikeway meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual.
10. That the project(s) described in Attachment B will be completed before the funds expire.
11. That the City of Milpitas agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.
Resolution No. _______
Attachment B
TDA Article 3 Project Application Form
1. Agency City of Milpitas
2. Primary Contact Roberto Alonzo
3. Mailing Address 455 E. Calaveras Blvd, Milpitas, CA, 95035
4. Email Address [email protected] 5. Phone Number (408) 586- 3316
6. Secondary Contact (in the event
primary is not available)
Mohit Chaudhary
7. Mailing address (if different)
N/A☒
8. Email Address [email protected] 9. Phone Number (408) 586- 3270
10. Send allocation instructions to
(if different from above):
11. Project Title ADA Curb Ramp Transition Program, Project No 4283
12. Amount requested $281,351 13. Fiscal Year of
Claim
25/26
14. Description of Overall Project:
15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)
ADA Curb Ramp Transition Program, Project No. 4283 provides for replacement of damaged sidewalk and curb ramps to comply with ADA and meet State and Federal access requirements as approved per the contract documents for the Street Sealing Project 2024, Project 3424, 3426, 4283, 4305, and 7118.
The TDA funding will be used for upgrading curb ramps and sidewalk to meet current ADA standards.
16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:
Project Relation to Regional Policies (for information only)
17. Is the project in an Equity Priority Community? Yes☐ No☒
18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☐ No☒
19. Project Budget and Schedule
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐ If “YES,” identify the date and provide a copy or link to the agenda. – February 03, 2025:
Parks, Recreation, & Cultural Resources Commission • Agendas & Minutes • CivicClerk If "NO," provide an explanation).
B. Has the project been approved by the claimant's governing body? Yes☒ No☐ If "NO," provide expected date:__________________
C. Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☒ No☐ pursuant to Chapter 1000 of the California Highway Design Manual? E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐ Existing Facility?
2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐ Cite the basis for the exemption. __________________________ N/A☐ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.
F. Estimated Project Completion Date of project (month and year): December 2025 G. Have provisions been made by the claimant to maintain the project or facility, Yes☒ No☐ or has the claimant arranged for such maintenance by another agency? (If an agency other A map of the project location is attached.
ENV
PA&ED
PS&E
ROW
CON 281,351 2,750,620 $3,031,971.04 December, 2025
Total Cost 281,351 2,750,620 3,031,971
than the Claimant is to maintain the facility, please identify below and provide the agreement.
H. Is a Complete Streets Checklist required for this project ? Yes☒ No☐ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets
Resolution No. _______
PROJECT MAP
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Accept the Improvements, Authorize the City Engineer to File a Notice of Completion and Issue a Notice of Final Acceptance After the One-Year Warranty, and Authorize Design Services Agreement Amendment No. 2 with MNS Engineers, Inc. for Fire Station 1 Pressure Reducing Stations Reconstruction, Project No. 7133 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586- 3303)
Category: Consent Calendar-Community Development
Meeting Date: 5/6/2025
Recommendation: (1) Adopt a resolution to accept improvements, (2) Authorize the City Engineer to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty; and (3) Approve and authorize the Interim City Manager to execute Amendment No. 2 to the Design Services Agreement with MNS Engineers, Inc. in the amount of $99,651 for Fire Station 1 Pressure Reducing Stations Reconstruction, Project No. 7133.
BACKGROUND:
On June 4, 2024, the City Council awarded a construction contract to Preston Pipelines Infrastructure, LLC for the Fire Station 1 Pressure Reducing Stations Reconstruction, Project No. 7133 (Project) in the amount of $999,240. The Project is included in the Adopted 2025-2029 Capital Improvement Program (CIP), and provides for the design and reconstruction of the existing underground 12-inch and 16-inch pressure-reducing stations (PRS) to above ground facilities along Curtis Avenue of the Fire Station No. 1 property. These PRS are a critical component of the City water distribution system to maintain regular pressure throughout the City Water Zone Santa Clara (SC) 1 and SC 2.
In January 2023, a surge event occurred within the system that damaged the existing 16-inch pressurereducing valve. The City entered into a Design Service Agreement with MNS Engineers, Inc. on March 29, 2023, to assess the existing system and provide design services for the reconstruction of the PRS and City Council approved Amendment No. 1 for construction management and inspection services of the Project on June 4, 2024. The total compensation of the agreement is $255,652.
ANALYSIS:
The Project was successfully completed within budget. The PRS are fully functional and have been operating without issue since completion. Staff recommends that the City Council adopt a Resolution (Attachment 1) granting acceptance of the Project and authorizing the City Engineer to file a Notice of Completion (Attachment 2) in accordance with the provisions of Section 9204 of the Civil Code. Staff also recommends the City Council authorize the City Engineer to issue a notice of final acceptance after the one-year warranty period without further City Council action, provided that all warranty work is completed to the satisfaction of the City Engineer.
Furthermore, staff recommends the approval of Amendment No. 2 to the Design Services Agreement with MNS Engineers, Inc. Attachment 3 for the provision for additional construction management and inspection services and engineering support services rendered during construction. During the development of Amendment No. 1, the duration of full-time inspection services was forecasted to be approximately 2.5 months but was extended to 4 months due to unforeseen underground utility conflicts that required redesign, integration with the City’s new SCADA system, and logistics with Fire Station No. 1 operation. In addition, staff inadvertently excluded the services for engineering support during construction and the development of closeout documentation. During the active construction phase, and to avoid any further project delays, staff
negotiated a scope and fee for Amendment No. 2 in the amount not to exceed $99,651, which will increase compensation of the agreement from $255,652 to $355,303. No additional funding appropriation is required for Amendment No. 2. Due to staff turnover on the project management team combined with the urgency to complete the work, the design services agreement amendment was not able to be brought to Council prior to the work being completed. In the future, staff will always strive to bring these items to Council for consideration prior to the work being completed.
POLICY ALTERNATIVE(S):
Alternative: Do not adopt a Resolution for Project acceptance, filing a notice of completion to begin the oneyear warranty, and approving Amendment No. 2 with MNS Engineers, Inc.
Pros: None.
Cons: A denial would result in the City being unable to accept the completed improvements and commence the one-year warranty in accordance with the contract documents. In addition, a denial of Amendment No. 2 will risk that MNS Engineers, Inc. could file a claim against the City for work they completed at the direction of staff.
Reason for Not Recommending: Since the Contractor has completed the Project in accordance with the approved contract documents, a denial to accept the Project could be considered as a breach of contract and risk a possible claim by the Contractor. In addition, since staff directed MNS Engineers, Inc. to continue work beyond the terms and scope of the agreement, the City is obligated to compensate for their efforts.
FISCAL IMPACT:
There are adequate funds available of approximately $958,956 in the Project budget to cover Amendment No. 2 and no additional funding appropriation is required. The Public Works Department will be responsible for maintenance and operations of the improvements and has sufficient budget for Fiscal Year 2024-25. Any required additional funding for ongoing maintenance will be requested through future budget appropriations as the Council adopts the annual operating budget for the Department.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
City Staff determined the installation of (2) new Pressure Reducing Stations on the Fire Station 1 property consisted of minor alterations to an existing public facility that involved no expansions of the existing use per California Code Regulation, Title 14 section 15301 and California Code Regulation, Title 14 section 15302.
Based on staff’s findings, this project is under categorical exemption (Class 1 – Existing Facilities) from the requirement of CEQA.
RECOMMENDATION:
(1) Adopt a resolution to accept improvements.
(2) Authorize the City Engineer to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty
(3) Approve and authorize the Interim City Manager to execute Amendment No. 2 to the Design Services Agreement with MNS Engineers, Inc. in the amount of $99,651 for Fire Station 1 Pressure Reducing Stations Reconstruction, Project No. 7133.
ATTACHMENT(S):
(a) Resolution
(b) Notice of Completion
(c) MNS Amendment No. 2
(d) MNS Amendment Proposal
Attachment 1
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS GRANTING
ACCEPTANCE OF IMPROVEMENTS AND APPROVE AND AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE DESIGN SERVICES AGREEMENT WITH MNS ENGINEERS INC., IN THE AMOUNT OF $99,651 FOR FIRE STATION 1 PRESSURE REDUCING STATION RECONSTRUCTION, PROJECT NO. 7133 WHEREAS, the City of Milpitas has heretofore entered into a contract with Preston Pipelines, for Fire Station 1 PRV Project, Project No. 7133, in the amount of $999,240 (“Project”), and the City Engineer of the City of Milpitas has recommended acceptance of said improvement as completed in accordance with plans, specifications and approved change orders and correction lists, and in accordance with the final inspection of said City Engineer; and
WHEREAS, staff recommends the City Council authorize the Interim City Manager to execute Amendment No. 2 to the Design Services Agreement with MNS Engineers, Inc. in the amount not to exceed $99,651.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City of Milpitas does hereby accept said improvement as completed on this 6th day of May, 2025, and does hereby authorize and direct the City Engineer of the City of Milpitas to file a Notice of Completion in accordance with the provisions of Section 9204 of the Civil Code of the State of California, and does hereby authorize and direct the City Engineer to file a Certificate of Completion in accordance with the provisions of Section 4005 of the Government Code of the State of California, if said work was by day’s labor or force account.
3. The City Council authorizes the City Engineer to issue the Notice of Final Acceptance after the one-year warranty period without further City Council action, provided all required warranty repairs are completed to the satisfaction of the City Engineer; and nothing herein contained shall in any way be deemed to be a waiver, release or relinquishment by City of any obligations imposed upon the contractor or its surety, or sureties, by law or by the above-referenced improvement contract, save and except those obligations specifically mentioned herein.
4. The Interim City Manager or their designee is hereby authorized to execute Amendment No. 2 to the design services agreement with MNS Engineers, Inc. for the amount not to exceed $99,651.
Attachment 2
2 Resolution No. ____
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
Attachment 2
3 Resolution No. ____
Recording Requested by and
When Recorded Mail to:
City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035
Attention: City Clerk
Record without fee under
Section 6103 - Government Code
State of California
CITY OF MILPITAS
NOTICE OF COMPLETION
(Civil Code Section 9204)
NOTICE IS HEREBY GIVEN:
1. On or about June 6, 2024, the City Council of the City of Milpitas, a municipal corporation of the State of California, whose address is City Hall, 455 East Calaveras Boulevard, Milpitas, California, 95035 (as owner) entered into a contract for work of: Fire Station 1 Pressure Reducing Station Reconstruction, Project No. 7133
2. A description of the site of which the City is owner for said work of improvement is: 777 S Main St. in the City of Milpitas, Santa Clara County, California, more particularly described on the plans.
3. The name and address of the direct contractor is: Preston Pipelines Inc., 133 Bothelo Ave, Milpitas, CA 95035.
4. A general statement of the kind of work done or materials furnished to the City is as follows: The Project provides for replacement of existing Pressure Reducing Valves from below-ground to above-ground stations.
5. Said work of improvement was accepted by the Milpitas City Council as complete on May 6th , 2025. ************************************************************************************* I, the undersigned, declare that I am the City Engineer of the City of Milpitas and am authorized to execute the foregoing Notice of Completion and this Verification thereof. I have read the foregoing Notice of Completion. I declare under penalty of perjury that the foregoing Notice of Completion is true and correct. Executed on ________, 2025 at Milpitas, California. __________________________________
Michael Silveira, P.E., City Engineer
City of Milpitas
_____________________________________________________________________________________ NOTE: RECORD WITHIN 15 DAYS OF ACCEPTANCE WITH COUNTY RECORDER OF
SANTA CLARA COUNTY
Amendment No. 2 Page 1 of 3
Attachment 3
Project No.: CP 7133
Project Name: Fire Station 1 Pressure Reducing Station Reconstruction AMENDMENT NO. 2
TO THE DESIGN SERVICES AGREEMENT BETWEEN CITY OF MILPITAS AND MNS ENGINEERS, INC.
This Amendment is entered into this 6t h day of May 2025 by and between the City of Milpitas, a municipal corporation of the State of California (hereafter referred to as "CITY") and MNS Engineers, Inc., a California Corporation (hereafter referred to as "CONSULTANT"). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment No. 12.
RECITALS
WHEREAS, on March 29, 2023, the parties entered into an Agreement entitled “Design Services Agreement between the City of Milpitas and MNS Engineers, Inc.” (“Agreement”) for design services in the total amount of $99,128.00; and
WHEREAS, on June 4, 2024, the parties entered into an Amendment No. 1 increase the compensation by $156,524.00 to allow CONSULTANT to provide construction management and inspection services, for the total amount of $255,652.00, and to make ministerial changes to the Agreement; and WHEREAS, the parties now desire to amend the Agreement to increase the compensation by $99,651.00 to allow CONSULTANT to provide additional construction management, inspection, and engineering support during construction services and close-out documents as described in Exhibit A-2, attached hereto, for a new total amount of $355,303.00; and NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties agree to amend the Agreement as follows:
1. Section 3.10.1, entitled “Designer’s Compensation for Basic Services,” the first line is hereby amended to read as follows:
“City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not-to-exceed amount of Three Hundred Fifty-Five Thousand Three Hundred and Three Dollars ($355,303.00) (Total Compensation).
2. Exhibit A-2, attached hereto and incorporated herein by this reference, are hereby added to the Agreement.
3. The Consultant agrees to maintain and pay for all insurance policies as stated in Section 3.3.3, entitled "Standards and Insurance" of the Agreement dated March 29, 2023. The Consultant shall provide the City with renewal certificates of the current policies upon the expiration of the current policies.
Amendment No. 2 Page 2 of 3
4. Except as amended by this Amendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
5. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
Consultant agrees that it has received adequate and sufficient compensation under the Agreement, as herein and previously amended, for all claims and compensation submitted, owed, or accruing for the Project that is the subject of the Agreement as of the date of this Amendment No. 2 and that all such claims and compensation are hereby satisfied in full.
6. If any provision of this Amendment No. 2 shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Amendment No. 1 unless elimination of such provision materially alters the rights and obligations set forth herein.
[SIGNATURES ON FOLLOWING PAGE]
Amendment No. 2 Page 3 of 3
SIGNATURE PAGE FOR AMENDMENT NO. 2
TO DESIGN SERVICES AGREMENT BETWEEN THE CITY OF MILPITAS AND MNS ENGINEERS, INC.
This Amendment No. 1 is executed as of the date first written above.
APPROVED BY:
CITY OF MILPITAS CONSULTANT
MNS Engineers Inc.
APPROVED BY:
__________________________________ By:______________________ Deanna J. Santana, Interim City Manager Nicholas Boswell, Supervising Engineer
__________________________________ _____________________ Date Date
APPROVED AS TO FORM:
_______________________________
Christopher Creech, Acting City Attorney
APPROVED
________________________________
Luz Cofresi-Howe, Finance Director
APPROVED AS TO CONTENT:
_______________________________
Christian Di Renzo, Public Works Director
2025 Gateway Place, Suite 328 | San Jose, CA 95110
408.610.4202 OFFICE
mnsengineers.com
January 24, 2025
City of Milpitas, Department of Public Works
Attention: Mr. Michael Silvera PE, City Engineer
1265 N. Milpitas Avenue
Milpitas, CA 95035
SUBJECT: Request for Amendment – Construction Management, Construction Inspection, and Engineering Services for Construction. Fire Station No. 1 Pressure Reducing Stations Replacement Project (Project) Dear Mr. Silveria,
As a follow up to our recent City discussions, the Project is almost complete, but construction has taken more time than originally estimated. In May 2024, the Project was bid for construction and Preston Pipelines Inc. (Preston/Contractor) was selected to construct the improvements. In June 2024, the City contracted with MNS Engineers Inc. (MNS) to provide Construction Management and Construction Inspection Services for the Project. The Construction Management and Construction Inspection Services Contract assumed a construction period of 5 months with full time inspection services over a 2.5 month field construction duration.
At that time MNS submitted to the City a proposal to provide Engineering Services during Construction (ESDC), however, a contract for these services was not executed. Instead, the City requested MNS complete the ESDC work under the contract for Construction Management and Construction Inspection, and to notify the City if additional funds are needed to complete the work.
As of today, the overall construction duration is forecasted as 9 months (June 2024 – February 2025) with 4 months of full time Construction Inspection provided (October 15th 2024 – January 15th 2025). As of the date of this proposal, MNS has exceeded the available budget and funding of our contract by $56,500.00, when taking into consideration subconsultant compensation and the following schedule forecast: end of substantial field construction and MNS field inspection services on 1/24/2025, end of contractor fence installation on 2/21/2025, and end of project close out on 2/28/2025.
This amendment request is to provide the previously unfunded ESDC as well as additional Construction Management and Construction Inspection Services as required to complete the Project work for the extended construction duration forecasted by the Contractor’s current construction schedule. An estimated level of effort to fund the Engineering, Construction Management, and Inspection Services through closeout has been prepared. Based on the Contractor’s operation and remaining work to be completed we estimate the additional cost to be $99,651.00.
MNS DETAILS
LEGAL NAME
MNS Engineers, Inc.
FIRM OWNERSHIP TYPE
C-Corporation
YEAR FIRM ESTABLISHED
1962
CALIFORNIA DEPARTMENT
OF INDUSTRIAL RELATIONS
DIR No. 1000003564
CORPORATE OFFICE
201 N. Calle Cesar Chavez,
Suite 300
Santa Barbara, CA 93103
805.692.6921 Office/Fax
mnsengineers.com
LOCAL OFFICE
111 N. Market Street, Suite 440
San Jose, CA 95113
408.610.4202
PROJECT CONTACT
Nicholas Boswell, PE
Project Manager
805.448.4227 Mobile
[email protected]
AUTHORIZED SIGNATURE
Nick Panofsky, PE
Vice President
805.772.2734 Mobile
[email protected]
Attachment 3 - Exhibit 2
CITY OF MILPITAS
FIRE STATION NO. 1 PRESSURE REDUCING VALVES REPLACEMENT PROJECT PAGE 2
A detailed fee proposal spreadsheet is included as attachment to this proposal. All fees are in accordance with the MNS 2024 Standard Fee Schedule, included as an attachment. We assume proposed fees may be reallocated between Subtasks as needed to address actual effort required to complete the described scope of work.
Please contact me with any questions.
Sincerely,
Nicholas Boswell, PE Greg Chelini, PE
Supervising Engineer Vice President, Principal Construction Manager MNS Engineers, Inc. MNS Engineers, Inc.
Attachments:
1. Detailed Fee Proposal
2. 2024 Standard Rate Schedule
Fee Proposal for Amendment 1 - Additional Construction Managemnet and Inspection Services and Engineering Services for Construction Total
Supervising EngineerAssociate EngineerResident EngineerSenior InspectorOffice AdministratorEngineering Technician Structural Electrical
Nick Boswell Hope Laborn Kevin Barteaux Peter Testa Fina Auau Kiley Diego SSG Hydroscience $255 $190 $270 $198 $135 $130 LS Based on
(Fee/Hr)
LS Based on
(Fee/Hr)
Task 4.2: Construction Management and Inspection Services
4.2 Construction Management and Inspection Services 90 42 25 157 $ 35,991 $ 56,500 $ - $ - $ 92,491 Task 4.2 Subtotal 0 0 90 42 25 0 157 $ 35,991 0 0 $ 56,500 $ - $ - $ 92,491 Task 4.4: Engineering Services for Construction
4.4 Construction Meetings 4 4 $ 1,020 $0 $ - $ - $ 1,020
4.4 Submittal Review 0 $ - $0 $ - $ - $ -
4.4 Respond to Contractor RFIs 4 4 $ 1,020 $0 $ - $ - $ 1,020
4.4 Record Drawings 8 8 12 28 $ 5,120 $0 $ - $ - $ 5,120 Task 4.4 Subtotal 16 8 0 0 0 12 36 $ 7,160 $ - $ - $ - $ - $ - $ 7,160 Total $ 4,080 $ 1,520 $ 24,300 $ 8,316 $ 3,375 $ 1,560 $ 193 $ 43,151 $ - $ - $ 56,500 $ - $ - $ 99,651 Tasks Labor
Total Labor
Costs
Total
Hours Task ID Task Description
Fire Station No. 1 Pressure Reducing Valves Replacement Project City of Milpitas
MNS Engineers Inc.
Total Fee
Subconsultants
Subtotal
Subs
Subs
Mark Up
15%
Current
Budget
Exceedance
1/24/2025 1/1
20 2 4 S T A N D A R D S C H E D U L E O F F E E S
PROJECT/PROGRAM MANAGEMENT
Principal-In-Charge...............................$340
Senior Project/Program Manager......325
Project/Program Manager....................275
Assistant Project/Program Manager 255
Senior Project Coordinator...................195
Project Coordinator .................................165
ENGINEERING
Principal Engineer ..................................$305 Lead Engineer............................................ 270 Supervising Engineer.............................. 255
Senior Project Engineer......................... 235
Project Engineer........................................ 210 Associate Engineer .................................. 190 Assistant Engineer.................................... 175
SURVEYING
Principal Surveyor ..................................$280 Lead Surveyor............................................ 270 Supervising Surveyor.............................. 230
Senior Project Surveyor......................... 210
Project Surveyor........................................ 185 Associate Project Surveyor................... 175
Assistant Project Surveyor.................... 160
Party Chief (PW)........................................ 190 Chainperson (PW) .................................... 160 One-Person Survey Crew (PW)........... 225
TECHNICAL SUPPORT
CADD Manager.......................................$210 Supervising Technician .......................... 180
Senior Technician..................................... 170 Engineering Technician ......................... 130
CONSTRUCTION MANAGEMENT
Principal Construction Manager......$335
Senior Construction Manager.............290
Senior Resident Engineer......................280
Resident Engineer....................................270 Structure Representative.......................260
Construction Manager...........................230
Assistant Resident Engineer.................215
Sr. Construction Inspector (PW) ........198
Construction Inspector (PW) ..............188
Office Administrator................................ 135
PLANNING
Planning Director ...................................$235 City Planner/Planning Manager.........220
Principal Planner.......................................205 Senior Planner ...........................................190 Associate Planner.....................................160 Assistant Planner......................................135 Planning Technician ................................115
ADMINISTRATIVE SUPPORT
Senior Management Analyst.............$195
Management Analyst..............................165
IT Technician...............................................150 Graphics/Visualization Specialist.......160
Administrative Assistant........................105
GOVERNMENT SERVICES
City Engineer........................................... $265 Deputy City Engineer..............................235
Assistant City Engineer...........................225
Plan Check Engineer................................185
Permit Engineer.........................................175 City Inspector.............................................175 Senior City Inspector (PW) ..................198
City Inspector (PW)..................................188 Principal Stormwater Specialist..........190
Senior Stormwater Specialist...............180
Stormwater Specialist.............................170
Stormwater Technician ..........................150
Building Official.........................................250 Senior Building Inspector......................200
Building Inspector....................................175 Senior Grant Writer..................................190 Grant Writer................................................180 Associate Grant Writer...........................160
Assistant Grant Writer ............................145
DIRECT EXPENSES
Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost plus fifteen percent (15%). Mileage will be charged at the current federal mileage reimbursement rate.
PREVAILING WAGE RATES
Rates shown with Prevailing Wage “(PW)” annotation are used for field work on projects subject to federal or state prevailing wage law and are subject to increases per DIR.
ANNUAL ESCALATION
Standard fee rates provided for each classification are subject to 5% annual escalation or the most recent US Bureau of Labor Statistics Consumer Price Index, whichever is higher.
OVERTIME
Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classifications will be charged at 1 x hourly rate.
Rev. 1/8/2024
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to VSS International, Inc. for Street Sealing Project 2024, Capital Improvement Plan (CIP) Nos. 3424, 3426, 4283, 4305 and 7118; and Approve the Budget Amendment for the Street Resurfacing Project 2023-24, CIP No. 4305 (Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 4/15/2025
Recommendation: Adopt a resolution to (1) Approve Project plans and specifications, (2) Authorize the City Manager or designee, to award and execute the construction contract with VSS International, Inc. in the amount of $3,031,971.04, (3) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $316,000 for Street Sealing Project 2024, CIP Nos. 3424, 3426, 4283, 4305 and 7118; and (4) Approve the budget amendment in the amount of $208,372.40 from the California State Bill 1 Road Maintenance and Rehabilitation Account (SB1 RMRA) for the Street Resurfacing Project 2023-24, CIP No. 4305.
BACKGROUND:
The Traffic and Transportation Engineering section of the Public Works Department is responsible for planning and managing the Citywide Street Resurfacing Program. The streets identified annually for the repair, rehabilitation, and/or reconstruction are based on the Pavement Technical Assessment Program (P-TAP) report developed by the Metropolitan Transportation Commission (MTC). The P-TAP report provides agencies with recommendations to optimize the pavement condition rating and the use of funding. According to the 2024 P-TAP report, the City’s Pavement Condition Index (PCI) stands at 71, classified as "Good Condition" and above the Bay Area’s average of 67. The City’s goal is to maintain a minimum PCI rating of 70.
The City Council approved the improvements along Great Mall Parkway from I-880 to McCandless Drive and Thompson Street and Court through the Street Resurfacing Project 2024, CIP No. 4305 (GMP Phase 1) and Great Mall Parkway from McCandless Drive to Montague Expressway; Adler Dr. from Tasman Dr. to Barber Ln.; and Tasman Dr. from Alder Dr. to I-880 through the Street Resurfacing Project 2025, CIP No. 4300 (GMP Phase 2) as part of the Adopted 2024-28 and 2025-29 Capital Improvement Programs, respectively. GMP Phase 1 was successfully completed under budget this past fall and GMP Phase 2 was scheduled to be constructed in 2025.
On October 24, 2024, the Transportation Subcommittee expressed support of the workplan update from staff on the City Street Resurfacing Program to postpone GMP Phase 2 until 2026 to allow staff to pursue grant opportunities while conducting a preventive maintenance street sealing project in 2025 with the available funding in Street Resurfacing Project 2024, CIP No. 4305. On February 4, 2025, City Council accepted staff’s workplan recommendation for the Street Resurfacing Program and staff proceeded with the bid advertising of the Street Sealing Project 2024, Project Nos. 3424, 3426, 4283, 4305 and 7118 (“Project”). Staff has submitted a $3.4 million grant application through the CTC Local Partnership Program and expects a grant award announcement by June 30, 2025.
The Project provides for the design and construction of asphalt concrete improvements consisting of grind and overlay, cape, crack and slurry sealing, and spot repairs; concrete improvements including repairs to curb, gutter, and sidewalk and curb ramp replacements in compliance with Americans with Disabilities Act; pedestrian improvements at adjacent signalized intersections; and reinstallation of striping and pavement delineation. As part of the accepted workplan, the Project included the following streets as the base bid:
• E. Calaveras Blvd. from I-680 to Evans Road, excluding the portion of the road that was improved by the Milpitas Unified School District Innovation Campus project • North Park Victoria from Jacklin Road to East Calaveras Blvd. • North and south side streets adjacent to Mt. Shasta Ave. including Courtland Court and Avenue, Jungfrau Court, Bee Court, Matterhorn Court, Big Bear Court, and Chewpon Avenue. • Temple Avenue from East Calaveras Boulevard to Wylie Drive.
Staff also included the following work as bid alternates in the event of sufficient funding to award one or multiple alternates with the base scope.
• Alternate 1: Beacon Drive, Canton Drive from Roswell Drive and Bixby Drive, Lawton Drive, and Roswell Drive from Canton Drive to end of cul-de-sac
• Alternate 2: Sepulveda Court
• Alternate 3: Bixby Drive from Burley Drive to Wylie Drive; and portion of Burley Drive, Canton Drive, and Wylie Drive from Sout Temple Drive to Bixby Drive
• Alternate 4: Resurfacing of the asphalt pathway at Strickroth Park ANALYSIS:
The Project was advertised on the City’s eProcurement system, OpenGov Procurement, and digital construction trade publications on March 7, 2025, and in the Milpitas Post on March 7 and 14, 2025, in accordance 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 as per City Council direction and Government Code section 36933. The bid opening was held on April 2, 2025, and two (2) sealed bids were received with the price range from $2,238,375.05 to $2,469,768.32. The apparent lowest bidder was O’Grady Paving, Inc., submitting a base bid in the amount of $2,238,375.05. The Project Plan and Specifications (Attachment 2); and the Engineer’s Construction Estimate for the Project’s base bid is $2,009,724 and the Summary of Bid Results is as follows while detailed information regarding the bid results (Attachment 3) are included in the agenda packet.
Bidder Base Bid
Bid Alternate
No. 1
Bid Alternate
No. 2
Bid Alternate
No. 3
Bid Alternate
No. 4
Engineer’s Estimate $2,009,724.00 $211,758.33 $64,311.14 $381,218.33 $208,928.50 O’Grady Paving, Inc. $2,238,375.05 $305,640.00 $157,181.00 $351,732.00 $198,172.00 VSS International, Inc. $2,469,768.32 $217,008.80 $91,223.28 $348,239.96 $253,970.64 The bid pricing submitted varies between 11.4% to 22.9% over the Engineer’s Construction Estimate. The variation is likely due to the current construction market being affected by inflation and/or tariffs, workload schedules, bidder overhead costs and profit margins, and material and labor markup.
Staff reviewed the O’Grady Paving, Inc. (O’Grady) bid proposal and determined it as non-responsive. O’Grady stated 75.9% of the contract value would be performed by subcontractors which fails to conform with the requirement that the successful bidder shall perform at least 50% of the contract value as specified in Section 00 21 13 - Instructions to Bidders, under Item 9 - Subcontractors of the Contract Specifications. Staff reviewed the bid proposal submitted by VSS International, Inc., the apparent second lowest bidder, and found their bid proposal to be responsive.
Staff informed O’Grady in writing of their non-responsive bid (Attachment 4) and on April 17, 2025 posted a Notice of Intent to Award (Attachment 5) to VSS International, Inc., on OpenGov Procurement. The notice advised of the seven (7) calendar days allowed by City of Milpitas Municipal Code Section I-2-3.19 – Protest Procedure by which to submit a bid protest to the City; no bid protests were received by the 5:00 pm April 23, 2025, deadline. Staff therefore recommends awarding a construction contract in the base bid amount of $2,469,768.32 plus alternate bid item nos. 1, 2 and 4 in the amount of $562,202.72 for the total amount of $3,031,971.04 to VSS International, Inc., the lowest responsible bidder submitting a responsive bid.
The construction contingency established for the Project to address any unforeseen conditions that arise during construction is $316,000 which is approximately 10.4% 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 6). This policy allows for 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.
Budget Amendment
California State Bill 1 Road Maintenance and Rehabilitation Account (SB1 RMRA) was signed into law in April 2017 to address statewide transportation infrastructure maintenance funding shortfalls. The funding is distributed to local jurisdictions on a population-based formula.
The City adopted the SB1 RMRA budget in Fiscal Year 2023-24 in the amount of $1,963,551 for Street Resurfacing Project 2024, CIP Project No. 4305. The actual funding the City received from the State was $2,116,457.52. Staff is requesting a budget appropriation to increase the SB1 RMRA funding by $208,372.40 in CIP Project No. 4305 to account for the $152,906.52 difference from the projected allocation versus the actual allocation received, and the interest accrued of $55,465.88. Approving the Project budget amendment is required to qualify all Project expenditures for reimbursement. The following is a summary of the requested Budget Amendment for the Project.
Project No. 4305 Current Adopted Budget
Proposed Budget
Increase/(Decrease)
Proposed
Budget Total
SB1 RMRA $1,963,551.00 $208,372.40 $2,171,923.40
POLICY ALTERNATIVE(S):
Alternative 1: Do not approve the Project’s plans and specifications, and do not award the construction contract to VSS International, Inc.
Pros: None.
Cons: A denial would delay the completion of annual repairs and rehabilitation of the City’s roadways.
Reason for Not Recommending: The Project will have to be readvertise which results in the Project being postponed by a minimum of six months, missing the ideal construction season. A postponement would push the Project to be constructed during the rainy season which may potentially result in higher total construction costs. In addition, not completing the Project this summer may adversely impact the City’s overall PCI rating.
Alternative 2: Do not approve the budget amendment for the Street Resurfacing Project 2024, CIP Project No. 4305.
Pros: None.
Cons: Not approving the budget amendment according to the actual funding received will not allow the City to qualify all Project expenditures for reimbursement.
Reason for Not Recommending: The City will not be able to collect the fully allocated reimbursement for expenditures.
FISCAL IMPACT:
The Project will be funded by various CIP Projects, including nos. 3424, 3426, 4283, 4305, and 7118, to complete the work. Adequate funds are available in all CIP Projects and no additional funding is required. In summary, CIP Project No. 3424 will fund the resurfacing of the asphalt pavement pathway at Strickroth Park; CIP Project No. 3426 will fund concrete repairs to curb, gutter, and sidewalk; CIP Project No. 4283 will fund curb ramp replacements; CIP Project No. 7118 will fund portion of the resurfacing on Calaveras Blvd. due to
the recently completed water main and valve improvements; and CIP Project No. 4305 will fund the remaining street improvements. The allocation of the funding from various CIP Projects are summarized below as follows:
Project CIP Number
Project Funding
Allocation
Uncommitted Balance
as of March 31, 2025
Project No. 3424 $292,066.24 $668,718.05
Project No. 3426 $350,000.00 $861,239.37
Project No. 4283 $281,351.00 $400,000.19
Project No. 4305 $2,364,553.80 $3,718,429.17
Project No. 7118 $60,000.00 $5,190,030.05
Total Funding Allocation $3,347,971.04 $10,838,416.83
Summary of Estimated Construction Cost:
Construction Contract
Base Bid $2,469,768.32
Bid Alternates 1, 2, & 4 $562,202.72
10.4% Contingency $316,000.00
Total Construction Cost $3,347,971.04
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The project is exempt under Section 15301 (Existing Facilities) of the CEQA guidelines. A Notice of Exemption (NOE) was filed with the County of Santa Clara on February 18, 2025.
RECOMMENDATION:
Adopt a resolution to:
(1) Approve Project plans and specifications.
(2) Authorize the City Manager, or designee, to award and execute the construction contract with VSS International, Inc. in the amount of $3,031,971.04.
(3) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $316,000 for Street Sealing Project 2024, CIP Nos. 3424, 3426, 4283, 4305 and 7118. (4) Approve the budget amendment in the amount of $208,372.40 from the SB1 RMRA for the Street Resurfacing Project 2023-24, CIP No. 4305.
ATTACHMENT(S):
(a) Resolution
(b) Project Plan Title Sheet
(c) Bid Tabulation
(d) City Letter to O’Grady Paving Inc.
(e) Notice of Intent to Award
(f) Construction Change Order Policy
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING THE PROJECT PLANS AND SPECIFICATIONS; AWARDING CONSTRUCTION CONTRACT TO
THE LOWEST RESPONSIBLE BIDDER SUBMITTING A RESPONSIVE BID, VSS INTERNATIONAL, INC. IN A TOTAL AMOUNT OF $3,031,971.04; AUTHORIZE THE CITY
MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT WITH VSS INTERNATIONAL, INC.; AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO NEGOTIATE AND
EXECUTE CONTRACT CHANGE ORDER(S) IN AN AGGREGATE AMOUNT NOT TO EXCEED $316,00.00 FOR THE STREET SEALING PROJECT 2024, PROJECT NO. 3424, 3426, 4283, 4305, AND 7118; AND APPROVING THE BUDGET AMENDMENT OF THE CALIFORNIA STATE BILL 1 ROAD MAINTENANCE AND REHABILITATION ACCOUNT (SB1 RMRA) IN THE AMOUNT OF $208,372.40 FOR THE STREET RESURFACING PROJECT 2023-24, CIP PROJECT NO. 4305.
WHEREAS, On February 04, 2025, the City Council accepted the workplan update on the City’s Street Resurfacing Program to postpone the Street Resurfacing Project 2025, CIP No. 4300 until 2026 to allow staff to pursue grant opportunities and conduct a preventive maintenance street sealing project in 2025 with the available funding in Street Resurfacing Project 2024, CIP No. 4305.
WHEREAS, The Street Sealing Project 2024, Project Nos. 3424, 3426, 4283, 4305 and 7118 (“Project”) will provide the design and construction of asphalt concrete improvements consisting of grind and overlay, cape, crack and slurry sealing, and spot repairs; concrete improvements including repairs to curb, gutter, sidewalk and curb ramp replacement to be compliant with Americans with Disabilities Act; pedestrian improvements at adjacent signalized intersections; and reinstallation of striping and pavement delineation. The Project included the following streets as the base bid:
• E. Calaveras Blvd. from I-680 to Evans Road, excluding the portion of the road that was improved by the MUSD Innovation Campus project;
• North Park Victoria from Jacklin Road to E. Calaveras Blvd.; • North and south side streets adjacent to Mt. Shasta Ave. including Courtland Ct. and Ave., Jungfrau Ct., Bee Ct., Matterhorn Ct., Big Bear Ct., and Chewpon Ave.; • Temple Ave. from E. Calaveras Blvd. to Wylie Dr.
The Project also included the following areas as bid alternatives for possible award in addition to the base bid subject to funding:
• Alternative 1: Beacon Dr., Canton Dr. from Roswell Drive and Bixby Drive, Lawton Dr., and Roswell Dr. from Canton Dr. to end of cul-de-sac.
• Alternative 2: Sepulveda Ct.
• Alternative 3: Bixby Dr. from Burley Dr. to Wylie Dr., and portion of Burley Dr., Canton Dr., and Wylie Dr. from S. Temple Dr. to Bixby Dr..
• Alternative 4: resurfacing of the asphalt pathway at Strickroth Park.
WHEREAS, the Project was advertised on the City eProcurement system, OpenGov Procurement and digital construction trade publications on March 7, 2025, and in the Milpitas Post on March 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 per City Council direction and Government Code section 36933; and
2 Resolution No. ____
WHEREAS, the Engineer’s Estimate for the Project’s Base Bid is $2,009,663.00, Bid Alternate No. 1 is $211,758.33, Bid Alternate No. 2 is $64,311.14, Bid Alternate No. 3 is $381,218.33; and Bid Alternate No. 4 is $208,928.50; and
WHEREAS, on April 2, 2025, two (2) sealed bid proposals were received and the base bid pricing ranged from $2,238,375.05 to $2,469,768.32; and
WHEREAS, O’Grady Paving, Inc. bid proposal was the apparent lowest bid, but was deemed nonresponsive because the bid did not meet requirements set forth in the Project bid documents which O’Grady Paving, Inc. was notified by certified mail on April 7, 2025; and WHEREAS, the lowest responsible bidder submitting a responsive bid is VSS International, Inc. in the base bid amount of $2,469,768.32; and
WHEREAS, the Notice of Intent to Award Contract to VSS International, Inc. was posted on OpenGov Procurement and no bid protest was filed with the City within seven (7) days of the posting as set forth in the Milpitas Municipal Code 1-2-3.19-Protest Procedure: and WHEREAS, staff recommends the City Council award a construction contract to VSS International, Inc., the lowest responsible and responsive bidder for the Project, and authorize the City Manager to execute a contract for the base bid and Alternate Bid Items 1, 2, and 4 in the amount of $3,031,971.04 in accordance with State law; and
WHEREAS, sufficient funds are available in the Project budget to award the VSS International, Inc in in the total amounts of $3,031,971.04; 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 $316,000, ten and four tenth percent (10.4%) of the total contract value, for the Project’s timely completion and staff capability to respond swiftly to unanticipated construction conditions to limit potential claims or risk to the City; and WHEREAS, staff recommends the City Council approve the project plans and specifications; and WHEREAS, staff recommends the City Council approve the budget amendment in the amount of $208,372.40 in the SB1 RMRA for the Street Resurfacing Project 2023-24, CIP Project No. 4305.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council hereby approves the projects 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, VSS International, Inc., in the amount of $3,031,971.04 for
3 Resolution No. ____
the Project. The City Manager or their designee is authorized to execute a contract with VSS International, Inc. not to exceed this amount and take all necessary actions to effectuate this award.
4. The Public Works Director is hereby authorized to negotiate and execute contract change order(s) in an aggregate amount not to exceed $316,000.00 for the Project.
5. The City Council hereby approves the budget amendment in the amount of $208,372.40 in the SB1 RMRA for the Street Resurfacing Project 2023-24, CIP Project No. 4305 PASSED AND ADOPTED this 6th day of May, 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
SDMP
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954 OF TY CI
INCORPORATED ITAS MILP
TITLE SHEET
03/06/2025
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
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MILP
’
’
’
’
’ ’
GENERAL NOTES
“ ”
“ ”
’
’
“ ” “ ”
“ ”
03/06/2025
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
I
TAS
MILP ’
GENERAL NOTES
03/06/2025
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
I
TAS
MILP
KEY MAP
LEGEND
AREA 2 IMPROVEMENTS
AREA 3 IMPROVEMENTS
AREA 4 IMPROVEMENTS
AREA 5-1 IMPROVEMENTS
(ADDITIVE ALTERNATE NO. 1)
AREA 1 IMPROVEMENTS
AREA 5-2 IMPROVEMENTS
(ADDITIVE ALTERNATE NO. 2)
AREA 5-3 IMPROVEMENTS
(ADDITIVE ALTERNATE NO. 3)
AREA 6 STRICKROTH PARK
(ADDITIVE ALTERNATE NO. 4)
03/06/2025
LEGEND
CRACK & SLURRY SEAL
CAPESEAL
BASE REPAIR
AGGREGATE BASE
GRIND & OVERLAY
ASPHALT CONCRETE
34'-42' 2'-6' 54'-58'
92'-101'
EXISTING MEDIAN
(SEE PLANS)
CAPESEAL (SEE PLANS) CAPESEAL (SEE PLANS)
2" BASE REPAIR
(SEE PLANS)
2" BASE REPAIR
(SEE PLANS)
EP EP
℄
34'-42' 54'-58'
92'-101'
CAPESEAL (SEE PLANS) CAPESEAL (SEE PLANS)
2" BASE REPAIR
(SEE PLANS)
2" BASE REPAIR
(SEE PLANS)
EP EP
℄
NOTES:
1. DIMENSIONS OF THE PAVEMENT STRUCTURAL SECTION ARE
SUBJECT TO TOLERANCES SPECIFIED IN THE STANDARD
SPECIFICATIONS.
2. FOR LOCATIONS, LIMITS AND QUANTITIES OF BASE REPAIR
AREAS, SEE LAYOUT DRAWINGS.
3. FOR LOCATIONS, LIMITS AND QUANTITIES OF CURB & GUTTER AND SIDEWALK REPAIRS, SEE LAYOUT DRAWINGS.
4. BASE REPAIRS SHALL BE COMPLETED AFTER GRIND, BEFORE
OVERLAY WORK. BASE REPAIRS SHALL BE COMPLETED BEFORE
CAPESEAL WORK.
5. EXISTING CURB, GUTTER, SIDEWALK AND DRIVEWAY SHALL BE
PROTECTED-IN-PLACE, UNLESS OTHERWISE NOTED ON THE
PLANS.
6. DIMENSIONS AND THICKNESSES SHOWN IN TYPICAL SECTIONS ARE APPROXIMATE. CONTRACTOR TO VERIFY DIMENSIONS WITH
THE ENGINEER IN THE FIELD.
7. CONTRACTOR TO RESTORE FINISHED GRADE TO ADA
STANDARDS WITHIN LIMITS OF CROSSWALKS AND EXISTING
GRADE SLOPES NOT TO EXCEED 5% OUTSIDE OF CROSSWALKS.
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
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TYPICAL SECTIONS - AREA 1
TX-01
5 E CALAVERAS BLVD (PARK VICTORIA DR TO EVANS RD)
E CALAVERAS BLVD (680 RAMPS TO PARK VICTORIA DR)
03/06/2025
31'-33'
15'-17' 15'-17'
2" BASE REPAIR (SEE PLANS)
2" GRIND AND OVERLAY (SEE PLANS)
℄
EP EP
SEE NOTE 7 SEE NOTE 7
32'-36'
15'-17' 15'-17'
2" BASE REPAIR (SEE PLANS)
CAPESEAL (SEE PLANS)
℄
EP EP
31'-40'
15'-20' 15'-20'
2" BASE REPAIR (SEE PLANS)
CAPESEAL (SEE PLANS)
℄
EP EP
LEGEND
CRACK & SLURRY SEAL
CAPESEAL
BASE REPAIR
AGGREGATE BASE
GRIND & OVERLAY
ASPHALT CONCRETE
NOTES:
1. DIMENSIONS OF THE PAVEMENT STRUCTURAL SECTION ARE
SUBJECT TO TOLERANCES SPECIFIED IN THE STANDARD
SPECIFICATIONS.
2. FOR LOCATIONS, LIMITS AND QUANTITIES OF BASE REPAIR
AREAS, SEE LAYOUT DRAWINGS.
3. FOR LOCATIONS, LIMITS AND QUANTITIES OF CURB & GUTTER AND SIDEWALK REPAIRS, SEE LAYOUT DRAWINGS.
4. BASE REPAIRS SHALL BE COMPLETED AFTER GRIND, BEFORE
OVERLAY WORK. BASE REPAIRS SHALL BE COMPLETED BEFORE
CAPESEAL WORK.
5. EXISTING CURB, GUTTER, SIDEWALK AND DRIVEWAY SHALL BE
PROTECTED-IN-PLACE, UNLESS OTHERWISE NOTED ON THE
PLANS.
6. DIMENSIONS AND THICKNESSES SHOWN IN TYPICAL SECTIONS ARE APPROXIMATE. CONTRACTOR TO VERIFY DIMENSIONS WITH
THE ENGINEER IN THE FIELD.
7. CONTRACTOR TO RESTORE FINISHED GRADE TO ADA
STANDARDS WITHIN LIMITS OF CROSSWALKS AND EXISTING
GRADE SLOPES NOT TO EXCEED 5% OUTSIDE OF CROSSWALKS.
15' 11.5' - 13'
62'-70'
TWO WAY LEFT
TURN LANE
(SEE PLANS)
CRACK AND SLURRY SEAL
(SEE PLANS)
CRACK AND SLURRY SEAL
(SEE PLANS)
2" BASE REPAIR
(SEE PLANS) 2" BASE REPAIR
(SEE PLANS)
EP EP
5' - 6.5' 7' - 8'
PARKING
BIKE
LANE
7' - 9.5' 5' - 6' 11' - 12'
PARKING
BIKE
LANE
THRU
LANE
THRU
LANE
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
I
TAS
MILP
TYPICAL SECTIONS - AREA 2, 3 & 4
6 S BIG BEAR CT, CHEWPON AVE (COURTLAND AVE TO BEE CT)
N BIG BEAR CT, CHEWPON AVE (BEE CT TO DEMPSEY RD), HAY CT, BEE CT,
MATTERHORN CT, JUNGFRAU CT, COURTLAND CT, COURTLAND AVE
S TEMPLE DR (CALAVERAS DR TO WYLIE DR)
TX-02
PARK VICTORIA DR (E CALAVERAS RD TO JACKLIN RD)
℄
03/06/2025
34'-41'
17'-20.5' 17'-20.5'
2" BASE REPAIR (SEE PLANS)
CAPESEAL (SEE PLANS)
℄
EP EP
2" BASE REPAIR (SEE PLANS)
LEGEND
CRACK & SLURRY SEAL
CAPESEAL
BASE REPAIR
AGGREGATE BASE
GRIND & OVERLAY
ASPHALT CONCRETE
NOTES:
1. DIMENSIONS OF THE PAVEMENT STRUCTURAL SECTION ARE
SUBJECT TO TOLERANCES SPECIFIED IN THE STANDARD
SPECIFICATIONS.
2. FOR LOCATIONS, LIMITS AND QUANTITIES OF BASE REPAIR
AREAS, SEE LAYOUT DRAWINGS.
3. FOR LOCATIONS, LIMITS AND QUANTITIES OF CURB & GUTTER AND SIDEWALK REPAIRS, SEE LAYOUT DRAWINGS.
4. BASE REPAIRS SHALL BE COMPLETED AFTER GRIND, BEFORE
OVERLAY WORK. BASE REPAIRS SHALL BE COMPLETED BEFORE
CAPESEAL WORK.
5. EXISTING CURB, GUTTER, SIDEWALK AND DRIVEWAY SHALL BE
PROTECTED-IN-PLACE, UNLESS OTHERWISE NOTED ON THE
PLANS.
6. DIMENSIONS AND THICKNESSES SHOWN IN TYPICAL SECTIONS ARE APPROXIMATE. CONTRACTOR TO VERIFY DIMENSIONS WITH
THE ENGINEER IN THE FIELD.
7. CONTRACTOR TO RESTORE FINISHED GRADE TO ADA
STANDARDS WITHIN LIMITS OF CROSSWALKS AND EXISTING
GRADE SLOPES NOT TO EXCEED 5% OUTSIDE OF CROSSWALKS.
33'
16.5' 16.5'
2" BASE REPAIR (SEE PLANS)
2" GRIND AND OVERLAY (SEE PLANS)
℄
EP EP
SEE NOTE 7 SEE NOTE 7
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
I
TAS
MILP
TYPICAL SECTIONS - AREA 5 (ADDITIVE ALTERNATE NO.1)
7 BIXBY DR (BURLEY DR TO WYLIE DR), BURLEY DRIVE (LAWTON
DR TO CANTON DR), BEACON DR (BURLEY DR TO CANTON DR),
CANTON DR (ROSWELL DR TO S TEMPLE DR), ROSWELL DR
TX-03
SEPULVEDA CT
03/06/2025
P
EAST CALAVERAS BLVD N PARK VICTORIA DR S PARK VICTORIA DR
PROJECT LIMIT
PROJECT LIMIT DEMPSEY WAY
PROJECT LIMIT
PROJECT LIMIT
PROJECT LIMIT
1 1
1 1
1 1
1 1
1 C
C
C
C
1 1
C
1 1
1 1
1 2
3 4
5 6
7 8
CALTRANS R/W
CALTRANS R/W
PLANTER AREA
PLANTER AREA PLANTER AREA PLANTER AREA
PLANTER AREA
1 2
3 4
EAST CALAVERAS BLVD CALAVERAS CT CARNEGIE DR
PROJECT LIMIT
1 1
11 S TEMPLE DR WYLIE DR I-680
E CALAVERAS BLVD
LEGEND
CAPE SEAL
2" GRIND AND OVERLAY
2" BASE REPAIR
SIDEWALK REPAIR LOCATION
CONSTRUCTION NOTE LEGEND
CURB RAMP REPLACEMENT LOCATION
(SEE CALTRANS STANDARD PLANS
A88A)
SIDEWALK REPAIR LOCATION
# BASE REPAIR LOCATION
#
#
NOTES
1. SEE SHEET G-02 FOR LAYOUT SHEET CONSTRUCTION NOTES
THAT CORRESPOND TO SHEETS L-01 TO L-13.
CURB AND GUTTER REPAIR LOCATION
DETECTABLE WARNING SURFACE
#
#
INSTALL WET SET DETECTABLE WARNING
SURFACE IN NEW CONCRETE IN EXISTING
PEDESTRIAN PASSAGEWAY PER CALTRANS
STANDARD PLAN A88B. DETECTABLE WARNING
SURFACE SHALL BE FLUSH WITH SURROUNDING
ASPHALT GRADE.
CRACK & SLURRY SEAL
PROJECT LIMIT/CHANGE IN
PAVEMENT TREATMENT
# VALLEY GUTTER REPAIR LOCATION
VALLEY GUTTER
REPLACE CONCRETE WITH DECOMPOSED
GRANITE IN PLANTER AREAS #
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
I
TAS
MILP
NORTH
NORTH MATCH LINE SEE SHEET BELOW MATCH LINE SEE SHEET ABOVE SEE SHEET MATCH LINEL-02 L-01
8 LAYOUT PLAN - AREA 1
KEY MAP
N.T.S.
NORTH
UTILITY NOTES
1" = 40'
TRAFFIC SIGNAL NOTES
EXISTING POLE TO REMAIN. REMOVE AND SALVAGE EXISTING
PEDESTRIAN PUSH BUTTON. INSTALL APS PUSH BUTTON ON
POLE 42" ABOVE SIDEWALK SURFACE PER CALTRANS
STANDARD DETAIL ES-4C. CONNECT TO PPB CONDUCTORS.
1 1 PROTECT IN PLACE
SEE SHEET
MATCH LINE
L-08
03/06/2025
CALAVERAS ROAD
N GADSDEN DR
S GADSDEN DR
PROJECT LIMIT
PROJECT LIMIT
2 1
1 C
1 C
C
C
1 1
1 1 1
1 1
13 14
15 16 20
17 18
19 21
22 23
24 25
12 1
CALAVERAS ROAD
N TEMPLE DR
S TEMPLE DR
PROJECT LIMIT
3 4
1 1
1 1
1 1
A
A
A
LVD
1 1
1 1 1
26 27 28
29 30
31 32
33 1 S TEMPLE DR WYLIE DR I-680
E CALAVERAS BLVD
LEGEND
CAPE SEAL
2" GRIND AND OVERLAY
2" BASE REPAIR
SIDEWALK REPAIR LOCATION
CONSTRUCTION NOTE LEGEND
CURB RAMP REPLACEMENT LOCATION
(SEE CALTRANS STANDARD PLANS
A88A)
SIDEWALK REPAIR LOCATION
# BASE REPAIR LOCATION
#
#
NOTES
1. SEE SHEET G-02 FOR LAYOUT SHEET CONSTRUCTION NOTES
THAT CORRESPOND TO SHEETS L-01 TO L-13.
CURB AND GUTTER REPAIR LOCATION
DETECTABLE WARNING SURFACE
#
#
INSTALL WET SET DETECTABLE WARNING
SURFACE IN NEW CONCRETE IN EXISTING
PEDESTRIAN PASSAGEWAY PER CALTRANS
STANDARD PLAN A88B. DETECTABLE WARNING
SURFACE SHALL BE FLUSH WITH SURROUNDING
ASPHALT GRADE.
CRACK & SLURRY SEAL
PROJECT LIMIT/CHANGE IN
PAVEMENT TREATMENT
# VALLEY GUTTER REPAIR LOCATION
VALLEY GUTTER
REPLACE CONCRETE WITH DECOMPOSED
GRANITE IN PLANTER AREAS #
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
I
TAS
MILP
NORTH
NORTH SEE SHEET MATCH LINEL-03 MATCH LINE SEE SHEET ABOVE MATCH LINE SEE SHEET BELOW SEE SHEET MATCH LINEL-01
SEE SHEET
MATCH LINE
L-04
LAYOUT PLAN - AREA 1
L-02
9 KEY MAP
N.T.S.
NORTH
1" = 40'
UTILITY NOTES
TRAFFIC SIGNAL NOTES
EXISTING POLE TO REMAIN. REMOVE AND SALVAGE EXISTING
PEDESTRIAN PUSH BUTTON. INSTALL APS PUSH BUTTON ON
POLE 42" ABOVE SIDEWALK SURFACE PER CALTRANS
STANDARD DETAIL ES-4C. CONNECT TO PPB CONDUCTORS.
1 1 PROTECT IN PLACE
03/06/2025
EVANS RD PIEDMONT RD
CALAVERAS ROAD
PROJECT LIMIT
PROJECT LIMIT
1 1
1 1
1 1
1 B
A
C
PROJECT LIMIT
34 35 36
37 38
39 40
41 PROJECT LIMIT S TEMPLE DR WYLIE DR I-680
E CALAVERAS BLVD
LEGEND
CAPE SEAL
2" GRIND AND OVERLAY
2" BASE REPAIR
SIDEWALK REPAIR LOCATION
CONSTRUCTION NOTE LEGEND
CURB RAMP REPLACEMENT LOCATION
(SEE CALTRANS STANDARD PLANS
A88A)
SIDEWALK REPAIR LOCATION
# BASE REPAIR LOCATION
#
#
NOTES
1. SEE SHEET G-02 FOR LAYOUT SHEET CONSTRUCTION NOTES
THAT CORRESPOND TO SHEETS L-01 TO L-13.
CURB AND GUTTER REPAIR LOCATION
DETECTABLE WARNING SURFACE
#
#
INSTALL WET SET DETECTABLE WARNING
SURFACE IN NEW CONCRETE IN EXISTING
PEDESTRIAN PASSAGEWAY PER CALTRANS
STANDARD PLAN A88B. DETECTABLE WARNING
SURFACE SHALL BE FLUSH WITH SURROUNDING
ASPHALT GRADE.
CRACK & SLURRY SEAL
PROJECT LIMIT/CHANGE IN
PAVEMENT TREATMENT
# VALLEY GUTTER REPAIR LOCATION
VALLEY GUTTER
REPLACE CONCRETE WITH DECOMPOSED
GRANITE IN PLANTER AREAS #
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
I
TAS
MILP
NORTH SEE SHEET MATCH LINEL-02
L-03
10 LAYOUT PLAN - AREA 1
KEY MAP
N.T.S.
NORTH
1" = 40'
UTILITY NOTES
1 PROTECT IN PLACE
03/06/2025
SOUTH TEMPLE DR MIRABELLA CT (PRIVATE)
1 1
1 1
1 1
1 C
C
B
C
C
C C
C
1 BURLEY DR
42 44 43 JUPITER DR
1 AREA 2
AREA 5-3
P S TEMPLE DR
WYLIE DR I-680
E CALAVERAS BLVD
LEGEND
CAPE SEAL
2" GRIND AND OVERLAY
2" BASE REPAIR
SIDEWALK REPAIR LOCATION
CONSTRUCTION NOTE LEGEND
CURB RAMP REPLACEMENT LOCATION
(SEE CALTRANS STANDARD PLANS
A88A)
SIDEWALK REPAIR LOCATION
# BASE REPAIR LOCATION
#
#
NOTES
1. SEE SHEET G-02 FOR LAYOUT SHEET CONSTRUCTION NOTES
THAT CORRESPOND TO SHEETS L-01 TO L-13.
CURB AND GUTTER REPAIR LOCATION
DETECTABLE WARNING SURFACE
#
#
INSTALL WET SET DETECTABLE WARNING
SURFACE IN NEW CONCRETE IN EXISTING
PEDESTRIAN PASSAGEWAY PER CALTRANS
STANDARD PLAN A88B. DETECTABLE WARNING
SURFACE SHALL BE FLUSH WITH SURROUNDING
ASPHALT GRADE.
CRACK & SLURRY SEAL
PROJECT LIMIT/CHANGE IN
PAVEMENT TREATMENT
# VALLEY GUTTER REPAIR LOCATION
VALLEY GUTTER
REPLACE CONCRETE WITH DECOMPOSED
GRANITE IN PLANTER AREAS #
SOUTH TEMPLE DR
PROJECT LIMIT
1 1
1 C
C C
C
C
C VALLEY GUTTER
TO REMAIN WYLIE DR CANTON DR
46 45
AREA 2
AREA 5-3
AREA 2
AREA 5-3
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
I
TAS
MILP
NORTH SEE SHEET MATCH LINEL-02
L-04
11 LAYOUT PLAN - AREA 2
KEY MAP
N.T.S.
NORTH
1" = 40'
UTILITY NOTES SEE SHEET MATCH LINEABOVE SEE SHEET MATCH LINEBELOW NORTH
SEE SHEET
MATCH LINE
L-11
SEE SHEET
MATCH LINE
L-13
SEE SHEET
MATCH LINE
L-11
SEE SHEET
MATCH LINE
L-13 SEE SHEET
MATCH LINE
L-13
1 PROTECT IN PLACE
03/06/2025
COURTLAND CT
COURTLAND AVE
JUNGFRAU CT MT. SHASTA AVE
JUNGFRAU CT
PROJECT LIMIT
PROJECT LIMIT
PROJECT LIMIT
PROJECT LIMIT
1 1
1 1
1 1
1 1
1 1
1 1
2 1
1 1
1 1
1 1
1 1
1 1
1 1
48 49
50 51
53 54
56 57
58 59
60 61
47 52
55 MT. SHASTA AVE
CHEWPON AVE DEMPSEY RD
LEGEND
CAPE SEAL
2" GRIND AND OVERLAY
2" BASE REPAIR
SIDEWALK REPAIR LOCATION
CONSTRUCTION NOTE LEGEND
CURB RAMP REPLACEMENT LOCATION
(SEE CALTRANS STANDARD PLANS
A88A)
SIDEWALK REPAIR LOCATION
# BASE REPAIR LOCATION
#
#
NOTES
1. SEE SHEET G-02 FOR LAYOUT SHEET CONSTRUCTION NOTES
THAT CORRESPOND TO SHEETS L-01 TO L-13.
CURB AND GUTTER REPAIR LOCATION
DETECTABLE WARNING SURFACE
#
#
INSTALL WET SET DETECTABLE WARNING
SURFACE IN NEW CONCRETE IN EXISTING
PEDESTRIAN PASSAGEWAY PER CALTRANS
STANDARD PLAN A88B. DETECTABLE WARNING
SURFACE SHALL BE FLUSH WITH SURROUNDING
ASPHALT GRADE.
CRACK & SLURRY SEAL
PROJECT LIMIT/CHANGE IN
PAVEMENT TREATMENT
# VALLEY GUTTER REPAIR LOCATION
VALLEY GUTTER
REPLACE CONCRETE WITH DECOMPOSED
GRANITE IN PLANTER AREAS #
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
I
TAS
MILP
NORTH SEE SHEET MATCH LINEL-07
SEE SHEET
MATCH LINE
L-06
L-05
12 LAYOUT PLAN - AREA 3
KEY MAP
N.T.S.
NORTH
1" = 40'
UTILITY NOTES
1 PROTECT IN PLACE
2 ADJUST TO GRADE
03/06/2025
MATTERHORN CT
BIG BEAR CT MT. SHASTA AVE
MATTERHORN CT
PROJECT LIMIT BIG BEAR CT
PROJECT LIMIT
PROJECT LIMIT PROJECT LIMIT
1 1
2 1
1 1
1 1
1 1
1 1
1 1
2 1
2 2
2 2
2 1
1 1
1 1
1 2
1 62
63 64
65 66
67 68
69 70
MT. SHASTA AVE
CHEWPON AVE DEMPSEY RD
LEGEND
CAPE SEAL
2" GRIND AND OVERLAY
2" BASE REPAIR
SIDEWALK REPAIR LOCATION
CONSTRUCTION NOTE LEGEND
CURB RAMP REPLACEMENT LOCATION
(SEE CALTRANS STANDARD PLANS
A88A)
SIDEWALK REPAIR LOCATION
# BASE REPAIR LOCATION
#
#
NOTES
1. SEE SHEET G-02 FOR LAYOUT SHEET CONSTRUCTION NOTES
THAT CORRESPOND TO SHEETS L-01 TO L-13.
CURB AND GUTTER REPAIR LOCATION
DETECTABLE WARNING SURFACE
#
#
INSTALL WET SET DETECTABLE WARNING
SURFACE IN NEW CONCRETE IN EXISTING
PEDESTRIAN PASSAGEWAY PER CALTRANS
STANDARD PLAN A88B. DETECTABLE WARNING
SURFACE SHALL BE FLUSH WITH SURROUNDING
ASPHALT GRADE.
CRACK & SLURRY SEAL
PROJECT LIMIT/CHANGE IN
PAVEMENT TREATMENT
# VALLEY GUTTER REPAIR LOCATION
VALLEY GUTTER
REPLACE CONCRETE WITH DECOMPOSED
GRANITE IN PLANTER AREAS #
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
I
TAS
MILP
NORTH
SEE SHEET
MATCH LINE
L-05
L-06
13 LAYOUT PLAN - AREA 3
KEY MAP
N.T.S.
NORTH
1" = 40'
C
UTILITY NOTES
1 PROTECT IN PLACE
2 ADJUST TO GRADE
03/06/2025
CHEWPON AVE HAY CT DEMPSEY RD
PROJECT LIMIT 1 1 11 1 1 1 1 1 1 1 2 11 1 1 1 1 C C 5 6 1 2 73 74
75 71 72 BEE CT COURTLAND AVE
CHEWPON AVE 1 1 1 1 1 2 2 22 2 2 2 2 2 2 2 2 C C
76 77
78 79
80 MT. SHASTA AVE
CHEWPON AVE DEMPSEY RD
LEGEND
CAPE SEAL
2" GRIND AND OVERLAY
2" BASE REPAIR
SIDEWALK REPAIR LOCATION
CONSTRUCTION NOTE LEGEND
CURB RAMP REPLACEMENT LOCATION
(SEE CALTRANS STANDARD PLANS
A88A)
SIDEWALK REPAIR LOCATION # BASE REPAIR LOCATION ##
NOTES
1. SEE SHEET G-02 FOR LAYOUT SHEET CONSTRUCTION NOTES
THAT CORRESPOND TO SHEETS L-01 TO L-13.
CURB AND GUTTER REPAIR LOCATION
DETECTABLE WARNING SURFACE ##
INSTALL WET SET DETECTABLE WARNING
SURFACE IN NEW CONCRETE IN EXISTING
PEDESTRIAN PASSAGEWAY PER CALTRANS
STANDARD PLAN A88B. DETECTABLE WARNING
SURFACE SHALL BE FLUSH WITH SURROUNDING
ASPHALT GRADE.
CRACK & SLURRY SEAL
PROJECT LIMIT/CHANGE IN
PAVEMENT TREATMENT # VALLEY GUTTER REPAIR LOCATION
VALLEY GUTTER
REPLACE CONCRETE WITH DECOMPOSED
GRANITE IN PLANTER AREAS #
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954 OF TY CI
INCORPORATED ITAS MILP NORTH MATCH LINE SEE SHEET BELOW MATCH LINE SEE SHEET ABOVE
SEE SHEET
MATCH LINE
L-05
L-07
14 LAYOUT PLAN - AREA 3
NORTH
KEY MAP
N.T.S.
NORTH
1" = 40'
UTILITY NOTES 1 PROTECT IN PLACE 2 ADJUST TO GRADE
03/06/2025
PARK HEIGHTS DR
N PARK VICTORIA DR
PROJECT LIMIT
82 83
84 85
87 86
88 I-680
E CALAVERAS BLVD
JACKLIN RD
KENNEDY DR
LEGEND
CAPE SEAL
2" GRIND AND OVERLAY
2" BASE REPAIR
SIDEWALK REPAIR LOCATION
CONSTRUCTION NOTE LEGEND
CURB RAMP REPLACEMENT LOCATION
(SEE CALTRANS STANDARD PLANS
A88A)
SIDEWALK REPAIR LOCATION # BASE REPAIR LOCATION ##
NOTES
1. SEE SHEET G-02 FOR LAYOUT SHEET CONSTRUCTION NOTES
THAT CORRESPOND TO SHEETS L-01 TO L-13.
CURB AND GUTTER REPAIR LOCATION
DETECTABLE WARNING SURFACE ##
INSTALL WET SET DETECTABLE WARNING
SURFACE IN NEW CONCRETE IN EXISTING
PEDESTRIAN PASSAGEWAY PER CALTRANS
STANDARD PLAN A88B. DETECTABLE WARNING
SURFACE SHALL BE FLUSH WITH SURROUNDING
ASPHALT GRADE.
CRACK & SLURRY SEAL
PROJECT LIMIT/CHANGE IN
PAVEMENT TREATMENT # VALLEY GUTTER REPAIR LOCATION
VALLEY GUTTER
REPLACE CONCRETE WITH DECOMPOSED
GRANITE IN PLANTER AREAS #
N PARK VICTORIA DR AYER ST PARK GROVE DR PROJECT LIMIT
81 PROJECT LIMIT
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954 OF TY CI
INCORPORATED ITAS MILP NORTH NORTH MATCH LINE SEE SHEET BELOW MATCH LINE SEE SHEET ABOVE SEE SHEET MATCH LINEL-09 L-08
15 LAYOUT PLAN - AREA 4
KEY MAP
N.T.S.
NORTH
1" = 40' MATCH LINE SEE SHEET L-01
03/06/2025
KENNEDY DR
N PARK VICTORIA DR PARK VIEW DR
ADMIRE CT
PROJECT LIMIT
PROJECT LIMIT
89 1
1 1
1 1
1 PROJECT LIMIT
PROJECT LIMIT GUERRERO CT BURDETT WAY
N PARK VICTORIA DR
TORRES AVE
ADMIRE CT TRAUGHBER ST
PROJECT LIMIT
PROJECT LIMIT
PROJECT LIMIT
PROJECT LIMIT
1 1
1 1
1 PROJECT LIMIT I-680
E CALAVERAS BLVD
JACKLIN RD
KENNEDY DR
LEGEND
CAPE SEAL
2" GRIND AND OVERLAY
2" BASE REPAIR
SIDEWALK REPAIR LOCATION
CONSTRUCTION NOTE LEGEND
CURB RAMP REPLACEMENT LOCATION
(SEE CALTRANS STANDARD PLANS
A88A)
SIDEWALK REPAIR LOCATION
# BASE REPAIR LOCATION
#
#
NOTES
1. SEE SHEET G-02 FOR LAYOUT SHEET CONSTRUCTION NOTES
THAT CORRESPOND TO SHEETS L-01 TO L-13.
CURB AND GUTTER REPAIR LOCATION
DETECTABLE WARNING SURFACE
#
#
INSTALL WET SET DETECTABLE WARNING
SURFACE IN NEW CONCRETE IN EXISTING
PEDESTRIAN PASSAGEWAY PER CALTRANS
STANDARD PLAN A88B. DETECTABLE WARNING
SURFACE SHALL BE FLUSH WITH SURROUNDING
ASPHALT GRADE.
CRACK & SLURRY SEAL
PROJECT LIMIT/CHANGE IN
PAVEMENT TREATMENT
# VALLEY GUTTER REPAIR LOCATION
VALLEY GUTTER
REPLACE CONCRETE WITH DECOMPOSED
GRANITE IN PLANTER AREAS #
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
I
TAS
MILP
NORTH
NORTH SEE SHEET MATCH LINEL-10
MATCH LINE SEE SHEET ABOVE
MATCH LINE SEE SHEET BELOW SEE SHEET MATCH LINEL-08
LAYOUT PLAN - AREA 4
L-09
16 KEY MAP
N.T.S.
NORTH
1" = 40'
UTILITY NOTES
1 PROTECT IN PLACE
03/06/2025
CALLE ORIENTE
N PARK VICTORIA DR DANIEL CT JACKLIN RD
PROJECT LIMIT
PROJECT LIMIT
PROJECT LIMIT
90 91
1 1
1 PROJECT LIMIT
PROJECT LIMIT I-680
E CALAVERAS BLVD
JACKLIN RD
KENNEDY DR
LEGEND
CAPE SEAL
2" GRIND AND OVERLAY
2" BASE REPAIR
SIDEWALK REPAIR LOCATION
CONSTRUCTION NOTE LEGEND
CURB RAMP REPLACEMENT LOCATION
(SEE CALTRANS STANDARD PLANS
A88A)
SIDEWALK REPAIR LOCATION
# BASE REPAIR LOCATION
#
#
NOTES
1. SEE SHEET G-02 FOR LAYOUT SHEET CONSTRUCTION NOTES
THAT CORRESPOND TO SHEETS L-01 TO L-13.
CURB AND GUTTER REPAIR LOCATION
DETECTABLE WARNING SURFACE
#
#
INSTALL WET SET DETECTABLE WARNING
SURFACE IN NEW CONCRETE IN EXISTING
PEDESTRIAN PASSAGEWAY PER CALTRANS
STANDARD PLAN A88B. DETECTABLE WARNING
SURFACE SHALL BE FLUSH WITH SURROUNDING
ASPHALT GRADE.
CRACK & SLURRY SEAL
PROJECT LIMIT/CHANGE IN
PAVEMENT TREATMENT
# VALLEY GUTTER REPAIR LOCATION
VALLEY GUTTER
REPLACE CONCRETE WITH DECOMPOSED
GRANITE IN PLANTER AREAS #
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
I
TAS
MILP
NORTH SEE SHEET MATCH LINEL-09
L-10
17 LAYOUT PLAN - AREA 4
KEY MAP
N.T.S.
NORTH
1" = 40'
UTILITY NOTES
1 PROTECT IN PLACE
03/06/2025
BURLEY DR CANTON DR BEACON DR
92 93
94 95
96 97
98 99
100
C
1 1
1 1
1 1
1 101 S TEMPLE DRWYLIE DR I-680
E CALAVERAS BLVD
LEGEND
CAPE SEAL
2" GRIND AND OVERLAY
2" BASE REPAIR
SIDEWALK REPAIR LOCATION
CONSTRUCTION NOTE LEGEND
CURB RAMP REPLACEMENT LOCATION
(SEE CALTRANS STANDARD PLANS
A88A)
SIDEWALK REPAIR LOCATION
# BASE REPAIR LOCATION
#
#
NOTES
1. SEE SHEET G-02 FOR LAYOUT SHEET CONSTRUCTION NOTES
THAT CORRESPOND TO SHEETS L-01 TO L-13.
CURB AND GUTTER REPAIR LOCATION
DETECTABLE WARNING SURFACE
#
#
INSTALL WET SET DETECTABLE WARNING
SURFACE IN NEW CONCRETE IN EXISTING
PEDESTRIAN PASSAGEWAY PER CALTRANS
STANDARD PLAN A88B. DETECTABLE WARNING
SURFACE SHALL BE FLUSH WITH SURROUNDING
ASPHALT GRADE.
CRACK & SLURRY SEAL
PROJECT LIMIT/CHANGE IN
PAVEMENT TREATMENT
# VALLEY GUTTER REPAIR LOCATION
VALLEY GUTTER
REPLACE CONCRETE WITH DECOMPOSED
GRANITE IN PLANTER AREAS #
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
I
TAS
MILP
NORTH
L-11
18 LAYOUT PLAN - AREA 5-1 (ADDITIVE ALTERNATE NO. 1)
KEY MAP
N.T.S. NORTH
1" = 40'
SEE SHEET
MATCH LINE
SEE SHEET L-04
MATCH LINE
L-04
SEE SHEET
MATCH LINE
L-12 SEE SHEET
MATCH LINE
L-12
UTILITY NOTES
1 PROTECT IN PLACE
03/06/2025
S TEMPLE DRWYLIE DR I-680
E CALAVERAS BLVD
LEGEND
CAPE SEAL
2" GRIND AND OVERLAY
2" BASE REPAIR
SIDEWALK REPAIR LOCATION
CONSTRUCTION NOTE LEGEND
CURB RAMP REPLACEMENT LOCATION
(SEE CALTRANS STANDARD PLANS
A88A)
SIDEWALK REPAIR LOCATION
# BASE REPAIR LOCATION
#
#
NOTES
1. SEE SHEET G-02 FOR LAYOUT SHEET CONSTRUCTION NOTES
THAT CORRESPOND TO SHEETS L-01 TO L-13.
CURB AND GUTTER REPAIR LOCATION
DETECTABLE WARNING SURFACE
#
#
INSTALL WET SET DETECTABLE WARNING
SURFACE IN NEW CONCRETE IN EXISTING
PEDESTRIAN PASSAGEWAY PER CALTRANS
STANDARD PLAN A88B. DETECTABLE WARNING
SURFACE SHALL BE FLUSH WITH SURROUNDING
ASPHALT GRADE.
CRACK & SLURRY SEAL
PROJECT LIMIT/CHANGE IN
PAVEMENT TREATMENT
# VALLEY GUTTER REPAIR LOCATION
VALLEY GUTTER
REPLACE CONCRETE WITH DECOMPOSED
GRANITE IN PLANTER AREAS #
LAWTON DR CANTON DR
ROSWELL DR
PROJECT LIMITS
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
C
C
C
C
1 2
2 1
1 1
1 1
1 1
2 1
2 2
2 2
C
SEPULVEDA CT C SEPULVEDA AVE
117
118
PROJECT LIMIT
2 Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
I
TAS
MILP
NORTH
L-12
19 KEY MAP
N.T.S. NORTH
1" = 40'
SEE SHEET
MATCH LINE
SEE SHEET L-11
MATCH LINE
L-11
NORTH
UTILITY NOTES
2 ADJUST TO GRADE
1 PROTECT IN PLACE
LAYOUT PLAN - AREA 5-1 AND 5-2 (ADDITIVE ALTERNATE NO. 1 AND 2) 03/06/2025
S TEMPLE DRWYLIE DR I-680
E CALAVERAS BLVD
LEGEND
CAPE SEAL
2" GRIND AND OVERLAY
2" BASE REPAIR
SIDEWALK REPAIR LOCATION
CONSTRUCTION NOTE LEGEND
CURB RAMP REPLACEMENT LOCATION
(SEE CALTRANS STANDARD PLANS
A88A)
SIDEWALK REPAIR LOCATION
# BASE REPAIR LOCATION
#
#
NOTES
1. SEE SHEET G-02 FOR LAYOUT SHEET CONSTRUCTION NOTES
THAT CORRESPOND TO SHEETS L-01 TO L-13.
CURB AND GUTTER REPAIR LOCATION
DETECTABLE WARNING SURFACE
#
#
INSTALL WET SET DETECTABLE WARNING
SURFACE IN NEW CONCRETE IN EXISTING
PEDESTRIAN PASSAGEWAY PER CALTRANS
STANDARD PLAN A88B. DETECTABLE WARNING
SURFACE SHALL BE FLUSH WITH SURROUNDING
ASPHALT GRADE.
CRACK & SLURRY SEAL
PROJECT LIMIT/CHANGE IN
PAVEMENT TREATMENT
# VALLEY GUTTER REPAIR LOCATION
VALLEY GUTTER
REPLACE CONCRETE WITH DECOMPOSED
GRANITE IN PLANTER AREAS # FINDLEY DR ELLWELL DR
1 1
1 1 1
1 1
C
C
C
C C
C
C
C
C
C
1 BIXBY DR
C
C
119
120
121 122
123
124
125 CANTON DR BURLEY DR
PROJECT LIMIT
PROJECT LIMIT
1 130 128
129 131
2 DALTON DR
BIXBY DR GIRARD DR
1 1 1
1 1
1 1
C
C
C
C
C
C C
C
126
127 WYLIE DR
135
132 133 134 136
3 4
PROJECT LIMIT
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
I
TAS
MILP
L-13
20 KEY MAP
N.T.S. NORTH
1" = 40'
NORTH SEE SHEET MATCH LINEABOVE SEE SHEET MATCH LINEBELOW
SEE SHEET NORTH
MATCH LINE
L-04
SEE SHEET
MATCH LINE
L-04 SEE SHEET
MATCH LINE
L-04
UTILITY NOTES
1 PROTECT IN PLACE
LAYOUT PLAN - AREA 5-3 (ADDITIVE ALTERNATE NO. 3)
03/06/2025
Revisions
2024 STREET SEALING PHASE 2
PROJECT NO. 4305
Record Drawings 4305
CALIFORNIA
JANUARY 26, 1954
OF
TY
CI
INCORPORATED
I
TAS
MILP
L-14
21 LAYOUT PLAN QUANTITY SHEETS
62 6 18 108 L-06 3
63 6 20 120 L-06 3
64 5 25 125 L-06 3
65 8 15 120 L-06 3
66 9 12 108 L-06 3
67 6 30 180 L-06 3
68 10 14 140 L-06 3
69 10 50 500 L-06 3
70 10 52 520 L-06 3
71 15 6 90 L-07 3
72 12 9 108 L-07 3
73 8 20 160 L-07 3
74 10 25 250 L-07 3
75 25 8 200 L-07 3
76 15 6 90 L-07 3
77 15 6 90
L-07
3 78
12 10 120
L-07
3 79 15 6 90
L-07
3 80 6 33 198
L-07
3 81 10 20 200
L-08
4 82 30 6 180 L-08
4 83 10 6 60 L-08
4 84 30 6 180 L-08
4 85 6 20 120 L-08
4 86 6 15 90 L-08
4 87 10 20 200 L-08
4 88 6 10 60 L-08
4 89 16 10 160 L-09
4 90 27 6 162 L-10
4 91 8 16 128 L-10
4 92 32 8 256 L-11 5-1**
93 15 7 105 L-11
94 9 19 171 L-11
95 15 5 75 L-11
96 40 8 320 L-11
97 30 8 240 L-11
98 34 6 204 L-11
99 10 15 150 L-11
100 25 6 150 L-11
101 22 6 132 L-11
102 19 8 136 L-12
103 15 15 225 L-12
104 17 9 153 L-12
105 15 6 90 L-12
106 6 6 36 L-12
107 8 20 160 L-12
108 6 6 36 L-12
109 10 25 250
L-12
110 6 20 120
L-12
111 8 25 200
L-12
112 6 25 150
L-12
113 6 27 162
L-12
114 10 18 180 L-12
115 10 6 60 L-12
116 33 6 198 L-12
117 40 12 480 L-12 5-2**
118 8 20 160 L-12
119 6 25 150 L-13
120 10 6 60 L-13
121 6 13 78 L-13
122 8 35 280 L-13
123 18 6 108 L-13
124 18 6 108 L-13
125 22 29 641 L-13
126 9 33 297 L-13
BASE REPAIR QUANTITY SUMMARY
LOCATION
#
LENGTH
(FT) WIDTH (FT) AREA (SF) SHEET # AREA #
1 6 9 54 L-01 1
2 42 6 252 L-01 1
3 58 6 348 L-01 1
4 6 12 72 L-01 1
5 58 6 348 L-01 1
6 24 6 144 L-01 1
7 6 15 90 L-01 1
8 20 10 200 L-01 1
11 12 186 2232 L-01 1
12 13 114 1482 L-02 1
13 24 30 720 L-02 1
14 6 55 330 L-02 1
15 6 10 60 L-02 1
16 6 20 120 L-02 1
17 8 25 200 L-02 1
18 6 30 180 L-02 1
19 6 30 180 L-02 1
20 10 10 100 L-02 1
21 6 15 90 L-02 1
22 6 18 108 L-02 1
23 6 40 240 L-02 1
24 10 20 200 L-02 1
25 6 20 120 L-02 1
26 6 40 240 L-02 1
27 6 21 126 L-02 1
28 84 14 1343 L-02 1
29 24 8 192 L-02 1
30 30 6 180 L-02 1
31 30 6 180 L-02 1
32 6 20 120 L-02 1
33 6 20 120 L-02 1
34 8 25 200 L-03 1
35 8 12 96 L-03 1
36 8 8 64 L-03 1
37 24 8 192 L-03 1
38 12 6 72 L-03 1
39 30 30 900 L-03 1
40 42 12 504 L-03 1
41 10 16 160 L-03 1
42 6 12 72 L-04 2
43 25 6 150 L-04 2
44 24 6 144 L-04 2
45 6 30 180 L-04 2
46 6 6 36 L-04 2
47 6 19 114 L-05 3
48 12 6 72 L-05 3
49 12 6 72 L-05 3
50 8 12 96 L-05 3
51 9 22 198 L-05 3
52 6 30 180 L-05 3
53 8 25 200 L-05 3
54 5 25 125 L-05 3
55 4 15 60 L-05 3
56 8 15 120 L-05 3
57 10 10 100 L-05 3
58 6 10 60 L-05 3
59 6 6 36 L-05 3
60 6 25 150 L-05 3
61 4 15 60 L-05 3
*NOTE:
LOCATIONS 3,28,75 AND 101,124,125 ARE A UNIQUE SHAPE, SEE PLANS FOR REFERENCE.
AREA CALCULATED IS BASED ON TRUE GEOMETRY.
NTS
5-1**
5-1**
5-1**
5-1**
5-1**
5-1**
5-1**
5-1**
5-1**
5-2**
5-1**
5-1**
5-1**
5-1**
5-1**
5-1**
5-1**
5-1**
5-1**
5-1**
5-1**
5-1**
5-1**
5-1**
5-1**
5-3**
5-3**
5-3**
5-3**
5-3**
5-3**
5-3**
5-3** ** = ADDITIVE ALTERNATIVE NO. 1-3
BASE REPAIR QUANTITY SUMMARY
LOCATION
#
LENGTH
(FT) WIDTH (FT) AREA (SF) SHEET # AREA #
BASE REPAIR QUANTITY SUMMARY
LOCATION
#
LENGTH
(FT) WIDTH (FT) AREA (SF) SHEET # AREA #
127 18 6 108 L-13 5-3**
128 20 18 360 L-13 5-3**
129 18 6 108 L-13 5-3**
130 20 18 360 L-13 5-3**
131 18 6 108 L-13 5-3**
132 18 7 126 L-13 5-3**
133 20 18 360 L-13 5-3**
134 18 6 108 L-13 5-3**
135 20 18 360 L-13 5-3**
136 18 6 108 L-13 5-3**
03/06/2025