Agenda packet — Milpitas City Council, August 12, 2025 (part 1 of 6)

August 12, 2025 Milpitas City Council Agenda Page 1

SPECIAL MEETING OF THE MILPITAS

CITY COUNCIL

AGENDA
TUESDAY, AUGUST 12, 2025
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 5:30 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_9i0ngVEASMqvc3UdbwiHcA NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.

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

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August 12, 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 LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) Facts and circumstances related to a Public Records Act request.

City as Defendant.

CLOSED SESSION ANNOUNCEMENT:

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

PLEDGE OF ALLEGIANCE
INVOCATION (Councilmember William Lam)

PRESENTATIONS
PUBLIC FORUM (6:00 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 (6:15 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

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

C2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Recommendation: Approve City Council Meeting minutes of June 17, 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.

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August 12, 2025 Milpitas City Council Agenda Page 3

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

C5. Report Back on City Manager Activity During Summer Recess (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012)
Recommendation: (1) Accept the report on City Manager Activity during the City Council Summer Recess and confirm continuing authority to complete ongoing work, and; (2) Authorize the City Manager, or designee, to continue to negotiate and execute under City Manager Summer Recess Authority: (a) a Professional Services Agreement with The Lew Edwards Group for business license tax reform ballot measure communications services in an amount not-to-exceed $113,500; and (b) Professional Services Agreements with professional services firms for organizational assessment services, and adjust the scope(s) of services, not-to-exceed amount(s) and term(s) of performance between individual firms as required in amounts that may exceed $100,000, subject to budgetary appropriations.

C6. Award a Bid and Authorize the City Manager to Negotiate and Execute an Agreement with Technology, Engineering & Construction, Inc., dba TEC Accutite, for Aboveground/Underground Storage Tank Maintenance, Repair, and Related Services (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602)
Recommendation: Award a bid and authorize the City Manager, or designee, to (1) Negotiate and execute a Maintenance Services Agreement with Technology, Engineering & Construction, Inc., dba TEC Accutite, for aboveground/underground storage tank maintenance, repair, and related services for an initial one-year term and a maximum compensation of $200,000; and (2) Exercise up to four additional one-year options with annual increases, if requested by vendor, limited to 3% or Consumer Price Index (CPI), whichever is less, for a total five-year contract not-to-exceed amount of $1,061,827, subject to the appropriation of funds.

C7. Award a Bid to Holiday Lights, Inc. and Authorize the City Manager to Negotiate and Execute an Agreement for the Annual Install/Removal of City-Owned Holiday Lights (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602)
Recommendation: Award a bid and authorize the City Manager, or designee, to negotiate and execute a Professional Services Agreement with Holiday Lights, Inc. for the annual install/removal of city-owned holiday lights for a five-year term at $75,000 per year, and at maximum compensation of $375,000, subject to the appropriation of funds.

C8. Adopt a Resolution to Approve Project Plans and Specifications, Award Bid to Square Signs LLC, and Authorize the City Manager to Negotiate and Execute an Agreement for Scoreboard Replacement Services (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian DiRenzo, Public Works Director, 408-586-2602) Recommendation: Adopt a resolution to (1) Approve project plans and specifications; (2) Award Bid to Square Signs LLC; and (3) Authorize the City Manager, or designee, to negotiate and execute a Construction Agreement with the lowest responsive and responsible bidder, Square Signs LLC, for scoreboard replacement services in an amount not to exceed $250,000, subject to the appropriation of funds.

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August 12, 2025 Milpitas City Council Agenda Page 4
C9. Adopt a Resolution to Increase Appropriation for the Annual Wholesale Water Purchase from Santa Clara Valley Water District (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586- 3111; and Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: Adopt a resolution to increase appropriation for the Annual Wholesale Water Purchase from the Santa Clara Valley Water District for FY 2025/26 by $446,073.32, from $7,105,901 to $7,551,974.29.

C10. Receive Report on Workforce Housing Rental Assistance, Approve Programmatic Updates, and Approve Additional Appropriation from the Affordable Housing Community Benefit Fund for the Workforce Housing Rental Assistance Program Round Two (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Sarah Balcha, Senior Administrative Analyst, 408-586-3268) Recomme
ndation: (1) Receive report and approve Workforce Housing Rental Assistance Program progra
mmatic updates; and (2) Approve and authorize the City Manager, or designee, to allocate an additional appropriation of $20,000 from the Affordable Housing Community Benefit Fund to FORWARD for administration of round two of the Workforce Housing Rental Assistance Program.

C11. Adopt a Resolution Authorizing the City Manager to Accept the California Highway Patrol Cannabis Tax Fund Grant Program Award, Approve the Purchase of the Grant-Approved Specialty Vehicle, Enter into the Resultant Grant Agreement and other Ancillary Documents as Needed, and Approve the Related Budget Appropriation (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406)
Recomme
ndation: (1) Adopt a resolution authorizing the City Manager, or designee, to accept the Cali
fornia Highway Patrol Cannabis Tax Fund Grant Program Award in the amount of $248,547, (2) Approve the purchase of the grant-approved specialty vehicle, (3) Enter into the resultant grant agreement and other ancillary documents as needed; and (4) Approve the related budget appropriation in the amount of $248,547 to the State Grants Police Department Fund.

C12. Approve and Authorize the City Manager to Execute an Improvement Agreement between the City of Milpitas and Mission Peak Homes, Inc. for a Residential Project at 470-500 Wool Drive (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Recomme
ndation: Approve and authorize the City Manager, or designee, to execute an Improvement Agreeme
nt between the City of Milpitas and Mission Peak Homes, Inc., for a residential project at 470- 500 Wool Drive in the amount of $820,500.

C13. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Purchase and Sale Agreement with Santa Clara Valley Water District for Property Acquisition for South Milpitas Boulevard Road Extension, Project No. 2016 (Staff Contact: Christian Di Renzo, Public Works, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Recommendation: Adopt a resolution to authorize the City Manager to (1) Negotiate and execute the Purchase and Sale Agreement with Santa Clara Valley Water District for the acquisition of approximately 18,920 square foot of Assessor’s Parcel Number 086-37-018 in the amount of $270,000, (2) Negotiate and grant a Watershed Easement Agreement on said Purchase and Easement Agreement on 1841 Tarob Court to Santa Clara Valley Water District, (3) Negotiate and accept Easement Agreement from Anton Milpitas, LLC (1828 South Milpitas Boulevard) and The Harlowe, LLC (1821 South Milpitas Boulevard); and (4) Find that the purchase is in conformance with the Milpitas General Plan for South Milpitas Boulevard Road Extension, CIP No. 2016.

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August 12, 2025 Milpitas City Council Agenda Page 5

PUBLIC HEARINGS (6:30 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

14. Conduct a Public Hearing, Adopt a Resolution Approving General Plan Amendment GP25-0001, and Introduce an Ordinance Approving Zoning Text Amendment and Zoning Map Amendment ZA25-0001 to Comprehensively Update the Zoning Ordinance (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Recommendation: (1) Conduct a public hearing and determine that the Environment Impact Report (EIR) Addendum adequately analyzes the potential environmental impacts associated with the proposed General Plan and Zoning Amendments and is in compliance pursuant to CEQA Guidelines §15162 and §15164; (2) Adopt a resolution approving General Plan Amendment No. GP25-0001; and (3) Waive the first reading beyond the title and Introduce Ordinance No. 38.858 approving Zoning Text and Zoning Map Amendment No. ZA25-0001 to comprehensively update the Zoning Ordinance and to achieve consistency between the General Plan Land Use Element, Zoning Ordinance, and Zoning Map.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (7:30 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 (7:35 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
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.

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

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

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Milpitas City Council Calendar
August 2025

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 2

3 4
7:00 PM-Parks, Recreation & Cultural
Resources Commission (EC)

5 6
2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
5:30 PM-Veterans Commission (GB)
7:00 PM-Community Housing
Commission (EC)

7 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)

8 9

10 11
4:30 PM-Economic Development and
Trade Commission (WL)

12 5:30 PM-City Council Special Meeting

13 4:30 PM-City Council Finance
Subcommittee (CM/EC)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Cupertino)
7:00 PM-Planning Commission

CANCELLED

14 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)

15 16

17 18
3:00 PM- Main Street Subcommittee
7:00 PM-Science, Technology, and
Innovation Commission (WL)

19 6:30 PM-Closed Session
7:00 PM-City Council

20 12:00 PM-Santa Clara Valley Water
District - Water Commission (CM)
6:00 PM-Energy and Environmental
Sustainability Commission (EC)

21 22

23 24

25 26
1:30 PM-Senior Advisory Commission
(HL)

27 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (CM)
7:00 PM-Planning Commission

28 1:30 PM-Santa Clara County
Emergency Operational Area Council
(CM)
29 30

31 July 2025

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

September 2025

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

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June 17, 2025 Milpitas City Council Minutes Page 1

JOINT MEETING OF THE MILPITAS CITY

COUNCIL, HOUSING AUTHORITY, AND

PUBLIC FINANCING AUTHORITY

MINUTES
TUESDAY, JUNE 17, 2025

The City Council of the City of Milpitas convened on the regular City Council meeting day in a Joint Meeting of the Milpitas City Council, Housing Authority, and Successor Agency on June 17, 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 4:30 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Barbadillo (4:43 PM), Councilmember Chua, Councilmember Lam, Councilmember Lien
ABSENT: None.

AB 2449
Consider Councilmember William Lam’s Request to Appear Remotely Pursuant to AB 2449 and Authorize the Council to Accept Public Comments Remotely at the June 17, 2025, Meeting of the Milpitas City Council (Staff Contact: Christopher Creech, Acting City Attorney, 408-586- 3040; and Suzanne Guzzetta, City Clerk, 408-586-3001)
Acting City Attorney Creech introduced the item, noting that Councilmember Lam was requesting to appear under AB 2449 due to illness.

After discussion, motion: to receive disclosure from Councilmember Lam regarding the nature of the emergency or just cause circumstances and approve remote appearance for Councilmember Lam pursuant to AB 2449.

Motion/Second: Councilmember Chua / Mayor Montano
Motion carried by the following:

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

ADJOURN TO CLOSED SESSION
Acting City Attorney Creech briefed the City Council on the items on the Closed Session agenda.

Mayor Montano opened the floor for public comment on the closed session items. There were no public speakers. The City Council adjourned to Closed Session at 4:34 PM. (a) CONFERENCE WITH LEGAL COUNSEL
Pursuant to Government Code Section 54956.9(d)(1)
Existing Litigation: Christina Hem vs. City of Milpitas, WCAB Case Nos. ADJ17876634 and ADJ17876637

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(b) CONFERENCE WITH LEGAL COUNSEL
Pursuant to Government Code Section 54956.9(d)(1)
Existing Litigation: McHarris vs. City of Milpitas, Santa Clara County Superior Court Docket No. 23-CV- 427505
(c) 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 (d) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
Employee Position: City Manager
CLOSED SESSION ANNOUNCEMENT:

The City Council reconvened in open session at 7:00 PM. Acting City Attorney Creech reported there was nothing to announce from the closed session.

PLEDGE OF ALLEGIANCE
Vice Mayor Barbadillo led the Pledge of Allegiance.

INVOCATION
Mayor Montano delivered the invocation.

PRESENTATIONS
Mayor Montano, joined by the City Council, presented a proclamation in recognition of National Parks and Recreation Month and Certificates of Recognition to performers from the City's Black April event.

PUBLIC FORUM
There were the following public speakers:

1. Bhupendra Kumal

2. Krunal Shah

3. Ranya Zhang

4. Hanyi Yuan

5. Voltaire Montemayor

6. Annie Yu

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.

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June 17, 2025 Milpitas City Council Minutes Page 3

READING OF THE CITY COUNCIL CODE OF CONDUCT
Councilmember Lam 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

CONSENT CALENDAR
Vice Mayor Barbadillo asked to pull Item C7, and Mayor Montano pulled Items C17 and C28.

There were the following public speakers:

1. Voltaire Montemayor

After discussion, motion: to approve the Consent Calendar with Items C7, C17 and C28 to be heard separately.

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

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

2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Approved City Council Meeting minutes of June 3, 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)
Receive 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)
Receive the list of items that have been requested by City Councilmembers and received consensus in previous meetings to date.

5. Setting a Salary Range for the Position of City Attorney (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012)

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June 17, 2025 Milpitas City Council Minutes Page 4

Adopted Resolution No. 9430 amending Resolution No. 1626, the Classification Plan, to adjust the Salary Schedule for the classification of City Attorney.

6. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Receive Mayor Montano's recommendations and approve and confirmed the following recommendations for appointments to City Commissions:

Arts Commission:

1. Appoint Sujata Tibrewala as Alternate No. 1 with an unexpired term ending October 2027.

Community Housing Commission:

1. Appoint Tristan Sanders to a full voting seat with an unexpired term ending January 2026.

2. Appoint Vianca Urquico to a full voting seat with an unexpired term ending January 2027.

Library and Education Advisory Commission:

1. Reappoint Nonie McDonald to a full voting seat with a term ending June 2028.

2. Appoint Jared Mohammed as Alternate No. 1 with a term ending June 2028.

3. Appoint Anaya Gandhi as Non-Voting Student Member with a term ending June 2028.

Parks, Recreation and Cultural Resources Commission:

1. Reappoint Rondi Jackson to a full voting seat with a term ending June 2028.

2. Reappoint Olania Castillo to a full voting seat with a term ending June 2028.

3. Appoint Prashanth Kumar to a full voting seat with a term ending June 2028.

4. Appoint Nasir Lalani as Alternate No. 1 with a term ending June 2028.

Public Safety and Emergency Preparedness Commission:

1. Reappoint Don Clendenin to a full voting seat with a term ending June 2028.

2. Reappoint Jonathan Nakapalau to a full voting seat with a term ending June 2028.

3. Reappoint Michael Berryhill to a full voting seat with a term ending June 2028.

4. Reappoint Evan Gan to a full voting seat with a term ending June 2028.

5. Reappoint Andrew Luu as Alternate No. 1 with a term ending June 2028.

6. Appoint Art Bajaj as Alternate No. 2 with an unexpired term ending June 2026.

Science, Technology & Innovation Commission:

1. Appoint Tarun Baja as Alternate No. 2 to an unexpired term ending January 2026.

7. Authorize and Approve Travel Requests for Mayor Montano, Councilmember Chua, Councilmember Lien and Councilmember Lam to Long Beach, CA for the League of California Cities 2025 Annual Conference and Expo (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012)
Item pulled from Consent Calendar.

8. Adopt a Resolution Delegating Authority to the City Manager, or Designee, to Approve and Execute Project-Related Documents and Urgent Administrative Items During the City Council Summer Recess (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) Adopted Resolution No. 9431/HA 34 delegating authority to the City Manager, or designee, to approve and execute project-related documents, including contract documents and urgent administrative items during the City Council and City of Milpitas Housing Authority summer recess from June 18, 2025 through August 12, 2025.

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9. Authorize a Commercial Lease Agreement for Carstar Espana’s at 1488 South Main Street (Staff Contact: Alex Andrade, Economic Development & Strategic Initiatives Director, 408-586-3046) Authorized the City Manager, or their designee, to negotiate and execute a Commercial Lease Agreement with Carstar Espana’s on City-owned property located at 1488 South Main Street in the amount of $269,280 for a 3-year term.

10. Adopt Resolutions to Approve the Continued Investment of Monies in the Local Agency Investment Fund and Designation of Officers Authorized to Sign on the Account (Staff Contact:

Luz Cofresí-Howe, Finance Director, 408-586-3111)
(1) Adopted Resolution No. 9432 of the Milpitas City Council to authorize the continued investment of monies in the Local Agency Investment Fund and designation of officers authorized to sign on the respective accounts; and (2) Adopted Resolution No. PFA 30 of the Board of Directors of the Milpitas Public Financing Authority to approve continued investment of monies in the Local Agency Investment Fund and designation of officers authorized to sign on the respective accounts.

11. FY 2024-25 3rd Quarter Financial Status Report for the Quarter Ended March 31, 2025 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) Reviewed the FY 2024-25 Quarterly Financial Status Report for the quarter ended March 31, 2025.

12. Adopt a Resolution Designating Authorized Agents for Certain Federal or State Financial Assistance (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) Adopted Resolution No. 9433 in the form specified by the California Governor's Office of Emergency Services (Cal OES) Form 130, designating the City Manager, Assistant City Manager and Finance Director as Authorized Agents to receive federal or state financial assistance under the Stafford Act and/or the California Disaster Assistance Act.

13. Authorize the City Manager to Negotiate and Execute an Amendment to the Agreement with WeHOPE for Homeless Outreach, Assessment, and Case Management Services (Staff Contact:

Luz Cofresi-Howe, Finance Director, 408-586-3111; and Matt Cano, Assistant City Manager, 408- 586-3012)
(1) Authorized the City Manager, or designee, to amend the Professional Services Agreement with WeHOPE for additional funding in the amount of $203,033 for homeless outreach, assessment, and case management services, (2) Authorized the appropriation of $203,033 from the Homelessness Prevention and Unhoused Services Grant; and (3) Authorized the City Manager, or designee, to execute the contract with WeHOPE.

14. Approve a Budget Appropriation from the Housing Authority Fund and Negotiate and Execute an Amendment to the Agreement with HouseKeys for the Administration of the City’s Below Market Rate Homeownership Program (Staff Contact: Matt Cano, Assistant City Manager, 408- 586-3012)
(1) Authorized the City Manager, or designee, to negotiate and execute an amendment to the Professional Services Agreement (Agreement) with HouseKeys Inc. to exercise the remaining options of the Agreement, extending the term for three (3) additional years through June 30, 2028, in an amount not to exceed $600,000 for the additional years of service, for a revised total compensation not to exceed amount of $1,000,000 for the full five-year term of the Agreement; and (2) Approved and appropriated $200,000 from the Housing Authority Fund for the FY 2025-26 period of the agreement, with funding for the remaining term of the agreement subject to appropriation.

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June 17, 2025 Milpitas City Council Minutes Page 6

15. Authorize the Executive Director of the Milpitas Housing Authority to Exercise the Option to Purchase the Below Market Rate Unit at 1377 Coyote Creek Way and Execute the Necessary Documents (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) Authorized the Executive Director of the Milpitas Housing Authority, or designee, to exercise the option to purchase the Below Market Rate (BMR) Unit at 1377 Coyote Creek Way and execute the necessary documents to repurchase this property.

16. 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 of Council Chamber Audio-Visual System Replacement, CIP No. 3498 (Staff Contact: Daniel Nam, Information Technology Director, 408-586-2712)
Adopted Resolution No. 9434 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 of Council Chamber Audio-Visual System Replacement, CIP No. 3498.

17. Authorize the City Manager to Negotiate and Execute an Amendment to the Agreement with Ascent Environmental for Consultant Services Related to Preparation of the Gateway-Main Street Specific Plan (Staff Contact: Jay Lee, Planning Director, 408-586-3077) Item pulled from Consent Calendar

18. Approve a Waiver to the Competitive Procurement Process for Crossing Guard Services and Authorize the City Manager to Negotiate and Execute an Amendment to the Master Services Agreement for Crossing Guard Services with All-City Management Services, Inc. (Staff Contact:

Luz Cofresí-Howe, Finance Director, 408-586-3111; and Jared Hernandez, Chief of Police, 408- 586-2406)
(1) Approved a waiver to the competitive procurement process for Crossing Guard Services; and (2) Authorized the City Manager, or designee, to negotiate and execute an amendment to the Master Services Agreement for Crossing Guard Services with All-City Management Services, Inc. to extend the term of the Agreement for one additional year through July 31, 2026 in an amount not to exceed $873,464 for the additional year of services for a revised total not-to-exceed amount of $2,482,913 for the full three-year term.

19. 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 for ARPA Parks Rehabilitation, CIP Nos. 3500, 3501, 5110 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Adopted Resolution No. 9435 to accept the improvements and authorize the City Engineer to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty for ARPA Parks Rehabilitation, CIP Nos. 3500, 3501, 5110.

20. Authorize the City Manager to Execute an Improvement Agreement with Stratford School, Inc. at 1323 Great Mall Drive (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Authorized the City Manager, or designee, to execute an improvement agreement with Stratford School, Inc. for the construction of public improvements at 1323 Great Mall Drive.

21. Authorize the City Manager to Amend the Purchase Order for On-Call Repairs, and Negotiate and Execute an Amendment to the Agreement with Environmental Systems, Inc. for the City

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Heating, Ventilation, and Air Conditioning Systems (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602) Authorized the City Manager, or designee, to (1) Amend the Purchase Order with Environmental Systems, Inc. for as-required repairs of the City heating, ventilation, and air conditioning systems to add $150,000 for a revised not-to-exceed amount of $250,000 and extend the term through September 30, 2027, subject to the appropriation of funds; and (2) Negotiate and execute an amendment to the Maintenance Services Agreement for the City heating, ventilation, and air conditioning systems to extend the term of the Agreement through September 30, 2027, subject to the appropriation of funds.

22. Adopt a Resolution Approving an Amendment to the Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County (Staff Contact: Christian Di Renzo, Public Works Director, 408-586- 2602)
(1) Adopted Resolution No. 9436 authorizing the City Manager, or designee, to execute an amendment to the Water Supply Agreement between the City and County of San Francisco and wholesale customers in Alameda County, San Mateo County, and Santa Clara County; and (2) Adopted Resolution No. 9437 to approve the updated Tier 2 Drought Response Implementation Plan.

23. Adopt a Resolution to Authorize Continued Utilization of Leased Vehicles Under the Master Equity Lease Agreement with Enterprise Fleet Management, Inc. (Staff Contact: Luz Cofresí- Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586- 2602)
Adopted Resolution No. 9438 to (1) Authorize continued utilization of leased vehicles under the Master Equity Lease Agreement with Enterprise Fleet Management, Inc., subject to appropriation of funds; and (2) Authorize the Purchasing Agent, or designee, to sign lease ordering documents and update the applicable Lease Schedule as required.

24. Accept Grants from Silicon Valley Clean Energy Member Agency Grant Program and Authorize the Purchase of Ford F-150 Lightning Vehicles (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
(1) Accepted grant funding from Silicon Valley Clean Energy Member Agency Grants program in the amount of $372,233 for the non-competitive grant and $502,000 for the competitive grant for a total of $874,233; (2) Authorized the City Manager to execute two grant agreements with Silicon Valley Clean Energy; and (3) Approved the purchase of up to five (5) Ford F-150 Lightning Vehicles, and authorize the City Manager to negotiate and execute any documents necessary to effectuate the purchase.

25. Receive an Update on Emergency Water Main Repairs at Curtis Avenue and Yosemite Avenue and Determine that the Condition No Longer Constitutes an Emergency (Staff Contact:

Christian Di Renzo, Public Works Director, 408-586-2602) (1) Received an update on the emergency water main repairs at 330 Curtis Avenue (Recycled Water Main) and 878 Yosemite Avenue (Potable Water Main); and (2) Determined by a four-fifths vote that the condition no longer constitutes an emergency and, therefore, terminate the emergency declaration.

26. Authorize the City Manager to Negotiate and Execute a Public Art Agreement with Vickie Jo Sowell for Historical Park Markers (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Authorized the City Manager, or designee, to negotiate and execute a Professional Services Agreement with Vickie Jo Sowell for a term of one year in an amount not to exceed $100,000, for

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historical park markers to be fabricated and installed in Bob McGuire Park, Fredrick Creighton Park, Delano Manongs Park, Peter Gill Park, Jose Higuera Adobe Park, Murphy Park, and Sunnyhills Albert Augustine Jr. Memorial Park.

27. Authorize the City Manager to Negotiate and Execute an Agreement with RecTrac, LLC dba Vermont Systems for Recreation Management Software (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Authorized the City Manager, or designee, to negotiate and execute a Software License and Professional Services Agreement with RecTrac, LLC dba Vermont Systems for Recreation Management Software, including related professional services and as-required hardware, for an initial three-year term and a maximum compensation of $140,000, subject to the appropriation of funds.

28. Authorize the City Manager to Negotiate and Execute an Amendment to the Agreement for Asian-Inspired Congregate Nutritious Meals Services with Moonchef, LLC (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409)
Item pulled from Consent Calendar.

PUBLIC HEARINGS

29. Adopt a Resolution to Confirm the 2025 Weed Abatement Assessment Report (Staff Contact:

Arthur Belton, Deputy Fire Chief / Fire Marshal, 408-586-3384) Deputy Fire Chief Belton presented the report.

Mayor Montano opened the public hearing.

There were the following public speakers:

1. Voltaire Montemayor

Mayor Montano closed the public hearing.

Vice Mayor Barbadillo asked for clarification on the costs associated with abatement.

After discussion, motion: to Conduct a public hearing and adopted Resolution No. 9439 confirming the 2025 Weed Abatement Assessment Report and Assessment List to be entered into the tax assessment rolls..

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

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

30. Adopt a Resolution Certifying the City of Milpitas Sewer System Management Plan (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Interim City Manager Santana introduced the item. Public Works Director Di Renzo presented the report.

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Mayor Montano opened the public hearing.

There were the following public speakers:

1. Voltaire Montemayor

Mayor Montano closed the public hearing.

Councilmember Chua inquired whether there were statistics available on how many sewer spills had occurred. Public Works Director Di Renzo responded that they do have such statistics, noting that the city is trending much better than the state average and that there had not been a Category 1 spill recently.

Mayor Montano asked about common causes of sewer spills and public education efforts. Public Works Director Di Renzo explained that FOG buildup and root intrusions were primary causes, and the department conducts outreach through various channels to educate residents on proper disposal practices.

After discussion, motion: to adopt Resolution No. 9440 certifying the City of Milpitas’ Sewer System Management Plan.

Motion/Second: Mayor Montano / Vice Mayor Barbadillo
Motion carried by the following:

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

COMMUNITY DEVELOPMENT

31. Adopt a Resolution Accepting Metropolitan Transportation Commission’s Transit-Oriented Communities Planning and Implementation Projects Grants (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Planning Director Lee presented the report.

There were the following public speakers:

1. Anil Babbar

2. Voltaire Montemayor

Councilmembers elaborated on various concerns regarding the Metropolitan Transportation Commission's (MTC) Transit-Oriented Communities (TOC) policy. Vice Mayor Barbadillo raised specific issues, inquiring about a project in San Jose that reportedly received significant funding under TOC guidelines. He questioned whether accepting smaller grants might inadvertently bind Milpitas to unexpected future commitments or obligations that could arise from the TOC policy. Councilmember Chua expressed concern about committing to a resolution amid ambiguity surrounding the policy and the fear of relinquishing local control over land use decisions. Councilmember Lam voiced his uncertainty regarding why individual cities were tasked with undertaking the study instead of MTC commissioning their own consultant to execute it, suggesting that the indirect process might complicate rather than simplify grant facilitation.

Planning Director Lee responded to these concerns by detailing recent communications with MTC. He reiterated that the resolution under consideration only affirms the city’s intent to complete the specific scope of work outlined in the grant, such as studying increased commercial density in the BART station

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June 17, 2025 Milpitas City Council Minutes Page 10

area and developing transportation demand management strategies. He assured the council that accepting the grant would not equate to a commitment to the entire suite of TOC policies. Planning Director Lee emphasized that MTC had provided written confirmation that the grant funding is not contingent on the adoption of any specific deliverables developed through the grant's work, allowing Milpitas to retain full local control over land use decisions.

Council Member Chua made a motion: to deny adoption of the resolution accepting the MTC grant.

Councilmember Lien seconded the motion.

Upon a call for the question, the motion failed by the following vote:

AYES: Councilmember Chua, Mayor Montano.

NOES: Councilmember Lam, Councilmember Lien, Vice Mayor Barbadillo

Mayor Montano made a motion: to table the item for further discussion and information gathering. Vice Mayor Barbadillo seconded the motion.

Motion/Second: Mayor Montano / Vice Mayor Barbadillo
The motion passed by the following vote:

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

32. Receive an Update on the Milpitas SMART Program and Consider Approving Bridge Funding (Staff Contact: Jay Lee, Planning Director, 408-586-3077) Interim City Manager Santana introduced the item. Planning Director Lee presented the report.

There were the following public speakers:

1. Voltiare Montemayor

Councilmembers discussed long-term sustainability options for the program. Mayor Montano suggested potential fare increases and exploring corporate sponsorships as funding strategies.

Councilmember Chua emphasized the importance of keeping the program going and looking for high- tech solutions, such as the integration of autonomous vehicles. Vice Mayor Barbadillo encouraged finding a long-term solution beyond reliance on external grants. Assistant City Manager Cano noted that VTA is evaluating the feasibility of a regional micro-transit program, acknowledging the need for long-term strategies across jurisdictions.

After discussion, motion: to (1) Receive a staff update on the Milpitas SMART Program; (2) Approve bridge funds to continue SMART services until the Santa Clara Valley Transportation Authority announces 2016 Measure B grant awards in fall 2025; (3) Appropriate $300,000 from the Contingency Reserve Fund or another City resource to support the bridge funding; and (4) Authorize the City Manager, or designee, to negotiate and execute amendments and agreements necessary to effectuate this bridge funding.

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

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

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June 17, 2025 Milpitas City Council Minutes Page 11

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE

33. Approve Conceptual Design for Metro Tango Subdistrict Park (Staff Contact: Christian Di Renzo, Public Works, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Interim City Manager Santana introduced the item. City Engineer Silveira presented the report, joined by Consultant Marie Mai from Callander Associates.

There were the following public speakers:

1. Voltaire Montemayor

The City Council expressed support for the design and inquired about amenities such as restrooms, water fountains, and lighting. City Engineer Silveira confirmed these would be included, similar to other city parks.

After discussion, motion: to approve the conceptual design for Metro Tango Subdistrict Park, Project No. 2023..

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

ITEMS PULLED FROM CONSENT CALENDAR

After discussion, motion: to (1) Authorize and approve travel to Long Beach, CA, for Mayor Carmen Montano, Vice Mayor Barbadillo, Councilmember Evelyn Chua, Councilmember Hon Lien and Councilmember William Lam to attend the League of California Cities 2025 Annual Conference and Expo to be held on October 8-10, 2025, for a combined estimated total amount of $8,736 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings; and (2) Appoint Mayor Carmen Montano as the City’s primary voting delegate and Councilmembers Evelyn Chua and Hon Lien as the alternate voting delegates for the 2025 Annual California League of Cities Conference and Expo.

Motion/Second: Vice Mayor Barbadillo / Mayor Montano
Motion carried by the following:

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

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June 17, 2025 Milpitas City Council Minutes Page 12

Mayor Montano requested to ensure the inclusion of an entertainment district in the scope of the plan.

Planning Director Lee noted that the public review draft of the Gateway Main Street Specific Plan already calls out the area as an entertainment district in the vision chapter.

There were the following public speakers:

1. Voltaire Montemayor

After discussion, motion: to (1) Authorize the City Manager, or designee, to negotiate and execute an amendment to the Professional Services Agreement with Ascent Environmental for consulting services related to preparation of the Gateway-Main Street Specific Plan, extending the Agreement end date to June 30, 2026 with a maximum compensation amount for the amendment of $85,000 and a maximum compensation amount for the entire Agreement of $1,144,708; and (2) Approve a budget appropriation of $75,004 from Capital Improvement Program Project, No. 3460 to 3437.

Motion/Second: Mayor Montano / Councilmember Chua
Motion carried by the following:

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

There were the following public speakers:

1. Voltaire Montemayor

Councilmember Lien asked after the number of seniors served. Recreation and Community Services Director Lorentzen stated that the program serves about 260 days per year with between 80 to over 100 meals served each day to individual, non-repeating seniors.

After discussion, motion: to Authorize the City Manager, or designee, to negotiate and execute an amendment to the Agreement for Asian-Inspired Congregate Nutritious Meals Services with Moonchef, LLC to extend the term for one additional year through June 30, 2026, and add $68,217 to the Agreement for a revised not-to-exceed compensation of $167,587 for the full three-year term.

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

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Interim City Manager Deanna Santana wished the council a good recess and reminded them of the July 1st workshop.

Councilmember Lien thanked staff for assistance during an emergency.

Mayor Montano requested a policy review regarding eligibility for youth sports grants, specifically to address

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the exclusion of homeschooled children. The council reached consensus to add this item to the future agenda prioritization list.

ADJOURNMENT
Mayor Montano adjourned the meeting at 9:28 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

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TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 8/8/2025

August 19, 2025 – Regular Meeting (7:00 PM)

CLOSED SESSION
- Labor Update

INVOCATION (Councilmember Lam)

PRESENTATION
- Women’s Equality Day (Proclamation)

CONSENT CALENDAR

1. Receive City Council calendar for August and September 2025 (City Clerk)

2. Approve City Council meeting minutes of June 26 and July 1, 2025 (City Clerk)

3. Preview list of items for September 2, 2025 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Commission Appointments (City Clerk)

6. On Call Maintenance and Repair Services Award (Finance / Public Works)

7. Land Management System Report on Bids (Information Technology)

8. 1905 Tarob Court, Parkside West II – Approve Final Map and Improvement Agreement (Public Works / Engineering)

9. Street Resurfacing Project 2026, CIP No. 4307 Design Services Agreement (Public Works / Engineering)

PUBLIC HEARINGS

10. 2025 Building Code Ordinance – 1st Reading (Building)

11. 2025 Fire Code Ordinance – 1st Reading (Fire)

12. FY 25-26 User and Regulatory Fee Schedule (Finance)

LEADERSHIP AND SUPPORT SERVICES

13. MEA and ProTech Agreements (Human Resources)

14. Electronic Device Use (City Clerk / City Manager)

PUBLIC SAFETY

15. Red Light Camera Presentation (Police)

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MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS

OPEN ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Policy review on youth sport grant eligibility to
address excluding homeschooled children Mayor 6/17/2025 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:
2 Reinstate the posting of the colors by Boy Scouts
at City Council Meetings Chua 4/15/2025
An update on this item will be included in the
next quarterly prioritization update.
3 Revise City Council Code of Conduct language
regarding the use of electronic devices. Lam 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
4 Develop a project management informational
memo. Barbadillo 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
5 Create a Milpitas Community Concert Choir with
city support for marketing and rehearsal space. Chua 4/1/2025 An update on this item will be included in the
next quarterly prioritization update.
6 Look into adding an entertainment zone to Main
Street. Montano 3/4/2025
An update on this item will be included in the
next quarterly prioritization update.
7 Staff provide a detailed analysis of overtime
expenditures by department. Barbadillo 3/4/2025
An update on this item will be included in the
next quarterly prioritization update.
8 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.
9 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.
10 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.
11 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.
12 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.
13 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.
14 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.
15 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.
16 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.
17 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.
18 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.
19 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.
20 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.
21 Main Street International Festival Lien 10/3/2023
An update on this item will be included in the
next quarterly prioritization update.
22 Pickleball Pilot Project Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
23 Main Street Infrastructure Projects Montano 2/28/2023 An update on this item will be included in the
next quarterly prioritization update.
24 Main Street Flooding at Library Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
25 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.

NOTE: Deferred and Completed Items are not listed

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MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
26 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.
27 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.
28 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 An update on this item will be included in the
next quarterly prioritization update.
29 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.
30 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
returning 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

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Report Back on City Manager Activity During Summer Recess (Staff Contact:

Matt Cano, Assistant City Manager, 408-586-3012)
Category: Leadership and Support Services
Meeting Date: 8/12/2025
Recommendation: (1) Accept the agenda report on City Manager Activity during the City Council Summer Recess and confirm continuing authority to complete ongoing work, and; (2) Authorize the City Manager, or designee, to continue to negotiate and execute under City Manager Summer Recess Authority:
(a) a Professional Services Agreement with The Lew Edwards Group for business license tax reform ballot measure communications services in an amount not-to-exceed $113,500; and
(b) Professional Services Agreements with professional services firms for organizational assessment services, and adjust the scope(s) of services, not- to-exceed amount(s) and term(s) of performance between individual firms as required in amounts that may exceed $100,000, subject to budgetary appropriations.

BACKGROUND:

On June 17, 2025, the Milpitas City Council authorized the City Manager, or designee, to approve and execute project-related documents and urgent administrative matters during the City Council and City of Milpitas Housing Authority summer recess, from June 18 through August 12, 2025. During this period, two actions were taken under the City Manager temporary authority:

1. The City Manager approved the award of a professional services agreement with The Lew Edwards Group in the amount of $113,250 to support business license tax reform ballot measure communications services.

2. The City Manager directed staff to negotiate and execute contracts with firms on a qualified short-list to perform organizational assessments for City departments. The total value of all contracts for all work will not exceed the City Council approved budget for organizational assessments. The contract amounts will be decided based on firms’ qualifications and scope of work/departments assigned to review; some contracts may exceed $100,000 individually.

On June 3, 2025, during the hearing for adoption of the annual operating budget, members of the City Council emphasized the need to begin work without delay for long-term fiscal sustainability measures and organizational assessment work. During the summer recess, the City Manager’s Office has been diligently pursuing these objectives and now wishes to confirm continuing authorization to complete contracting work begun under this previously delegated authority.

ANALYSIS:

Fiscal Strategy and Framework

Work Stream – Ballot Measure Strategy
The Lew Edwards Group (LEG) has supported public agencies, cities, and individuals with community education and ballot measure communications since 1997. Their qualifications make them uniquely positioned to assist the City in three areas: 1) strategic communication and public engagement support, 2) research, analysis, and strategic guidance, and 3) project coordination and ballot measure consultation. LEG previously

Page 23 of 766 ends

provided the City with ballot measure communications services for the 2024 Measure J Public Services Reauthorization Measure to continue the existing voter-approved ¼-cent sales, thereby giving them valuable institutional knowledge that will inform the business license tax reform ballot measure effort. The City Manager approving the professional services agreement with LEG allows essential preparatory work to begin immediately to ensure the business license tax reform work remains on track should the City Council choose to place the measure on the November 2026 ballot.

According to the City of Milpitas Municode Section I-2-3.13-2, the City may retain a consultant without a formal bidding process when the work requires specialized skills or experience, and if there are few qualified firms available. City Council approval is required for agreements exceeding $100,000. However, as mentioned earlier, the City Council granted the City Manager temporary authority to execute certain contracts over $100,000 during the summer recess.

Under this temporary authority, the City Manager authorized staff to negotiate and execute a $113,250 professional services agreement with LEG to ensure timely progress on the City’s communications strategy for the potential measure.

This action would confirm the City Manager’s continuing authority to award, negotiate, and execute this contract in an amount that exceeds $100,000, subject to budgetary appropriations.

Work Stream – Organization Assessment
As one of the Work Streams of its Fiscal Strategy and Framework process, the City is evaluating its overall organizational structure, levels of service, staffing levels, job roles, and duties. The City currently faces a structural budget deficit where costs are outpacing revenues in future years. In order to solve this, the City must take a multi-pronged approach which could include expenditure reductions, efficiencies and enhanced revenue opportunities. This evaluation aims to identify thorough and actionable insights for enhanced efficiencies, the effective use of technology, training needs, and practical changes that can improve organizational effectiveness and service delivery. The evaluation will be a multi-faceted approach that incorporates analysis of positions, hierarchies, processes, and training needs, setting the foundation for an improved organizational structure that fosters growth, innovation, and quality service delivery for the community. This effort aligns with the City Council June 3, 2025 FY 2025-26 Operating Budget Adoption which allocated funding to support a comprehensive staffing and efficiency review of city departments.

To support the Organization Assessment Work Stream, the City released a Request for Qualifications (RFQ 25-1215) on June 30, 2025. The intent of this RFQ was to establish a qualified list of experienced firms to provide comprehensive professional services for the Organization Assessment Work Stream. The RFQ was publicly noticed on the City website and OpenGov, the City e-procurement website, in accordance with City Municipal Code. Upon release, 1,438 firms received notification of the RFQ, and 84 firms downloaded the RFQ documents. Sixteen (16) vendors submitted proposal responses by the published closing date and time of July 31, 2025.

Proposals were evaluated and scored in accordance with the evaluation criteria set forth in the RFQ. During the City Council recess, the City Manager directed staff to initiate the contracting process with certain proposing firms based on scope(s) of work and deliverables. These contracts are currently being negotiated and executed.

This multi-firm approach allows the City to leverage diverse expertise and ensure a thorough assessment of department operations. Updates on progress and findings will be shared with City Council and stakeholders as work advances.

This action would confirm the City Manager’s continuing authority to award, negotiate, and execute these contracts in amounts that may exceed $100,000 for certain contracts, subject to budgetary appropriations.

POLICY ALTERNATIVE(S):

None.

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FISCAL IMPACT:

Funding in the amount of $513,500 is included in the Fiscal Year 2025-2026 Adopted, Amended Budget for these services. However, it is not expected that the contracts awarded over $100,000 in value would utilize all of this funding.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378. Even if a project, the action is exempt from further CEQA review pursuant to Cal. Code Regs., tit. 14, § 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

ATTACHMENT(S):

N/A

Page 25 of 766 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Award a Bid and Authorize the City Manager to Negotiate and Execute an Agreement with Technology, Engineering & Construction, Inc., dba TEC Accutite, for Aboveground/Underground Storage Tank Maintenance, Repair, and Related Services (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: 8/12/2025
Recommendation: Award a bid and authorize the City Manager, or designee to (1) Negotiate and execute a Maintenance Services Agreement with Technology, Engineering & Construction, Inc., dba TEC Accutite, for aboveground/underground storage tank maintenance, repair, and related services for an initial one-year term and a maximum compensation of $200,000; and (2) Exercise up to four additional one-year options with annual increases, if requested by vendor, limited to 3% or Consumer Price Index (CPI), whichever is less, for a total five-year contract not-to-exceed amount of $1,061,827, subject to the appropriation of funds.

BACKGROUND:

The City of Milpitas operates 21 Aboveground Storage Tanks (AST), six Underground Storage Tanks (UST), and 14-day tanks located at various locations throughout the City. Ongoing maintenance, repairs, and related services, such as annual sampling and testing in accordance with American Society for Testing and Materials (ASTM) approved methods, and fuel polishing as required, are needed to ensure operational efficiency and compliance with regulatory obligations. The current agreement for these services will expire September 30, 2025.

ANALYSIS:

On May 1, 2025, the City released an Invitation to Bid (IFB 25-1165) for Aboveground and Underground Storage Tank Maintenance, Repair, and Related Services. The IFB required specific certifications and licenses to ensure regulatory compliance and technical capability necessary to perform the services. The Scope of Work included annual, monthly, and quarterly monitoring, maintenance, testing, and training services for the City’s ASTs and USTs.

The IFB was publicly noticed on the City’s website and OpenGov, the City’s e-procurement website, in accordance with the City Municipal Code. Upon release, 526 companies received notification of the IFB, and 23 companies downloaded the IFB documents. Two vendors submitted proposal responses by the published closing date of June 5, 2025.

After review, one vendor was disqualified for failure to meet the minimum qualifications for licensing and certifications specified in the solicitation. Based on this, a Notice of Intended Award was issued for Technology, Engineering & Construction, Inc. dba TEC Accutite (TEC Accutite) as the sole responsive and responsible bidder.

Pursuant to Section I-4-2.01 of the Milpitas Municipal Code, the City Council must approve contracts whose value exceeds $100,000.

Page 26 of 766 ends

POLICY ALTERNATIVE(S):

Alternative 1: Do not negotiate and execute an Agreement with TEC Accutite.

Pros: None.

Cons: Without a valid agreement in place by the time the current contract expires (September 30, 2025), the City risks interruptions in critical maintenance and inspection services for its storage and day tanks. This could lead to delayed repairs, compromised fuel quality, or failure to meet regulatory testing and documentation requirements, which may result in operational inefficiencies, environmental risks, or fines from oversight agencies.

Reason for Not Recommending: Although there was only one responsive and responsible bid, limiting the City’s ability to compare pricing across multiple vendors, staff has verified that the submitted pricing is fair and reasonable and recommends proceeding due to the critical nature of the services. The City does not have the in-house personnel, certifications, or specialized equipment required to perform the mandated testing, maintenance, and certification for these tanks to ensure regulatory compliance with Title 23 of the California Code of Regulations and Title 40, Part 112 of the Code of Federal Regulations. Approval of this Agreement will enable the City to meet annual testing requirements, conduct routine maintenance, and respond to emergency repairs across 21 facility sites. Not executing this Agreement could create significant risks to public health, safety, and the environment, expose the City to potential regulatory penalties, and jeopardize the operational reliability of critical infrastructure.

FISCAL IMPACT:

Sufficient funding is available for the current fiscal year in the Public Works Department operating budget in the General Fund, Water Fund, and Sewer Fund to support this agreement. Option year costs will be subject to approval and appropriation of funding by City Council through its annual budgeting process.

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. The action also 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.

ATTACHMENT(S):

N/A

Page 27 of 766 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Award a Bid to Holiday Lights, Inc. and Authorize the City Manager to Negotiate and Execute an Agreement for the Annual Install/Removal of City-Owned Holiday Lights (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: 8/12/2025
Recommendation: Award a bid and authorize the City Manager, or designee, to negotiate and execute a Professional Services Agreement with Holiday Lights, Inc. for the annual install/removal of city-owned holiday lights for a five-year term and a maximum compensation of $375,000, subject to the appropriation of funds.

BACKGROUND:

As part of the City annual Tree Lighting Ceremony, five (5) Redwood trees at City Hall are decorated with festive lights and lit for the holiday season. The trees are prominently located along Calaveras Boulevard and Milpitas Boulevard and, when adorned with lights, they highlight the sense of joy and celebration of the holiday season. Due to the specialized equipment and extensive work required to install the holiday lights, the City historically has engaged a contractor to perform the installation and removal of holiday lights. During the April 2, 2025 Operating budget study session, the City Council provided feedback that holiday lighting of the trees in front of City Hall was a priority project.

ANALYSIS:

On May 22, 2025, the City released an Invitation For Bid (IFB 25-1170) for Holiday Lights for City Hall Trees services. The scope of work required installation and removal of holiday lights on five (5) redwood trees in the front of City Hall and set-up of the City-owned and provided GFCI/cables/splitters/timers. Additionally, the installation of the City-owned lights is to be completed on the second week of November, and removed and carefully boxed no earlier than January 3rd and no later than the second week of January of the following year.

The IFB was publicly noticed on the City website and OpenGov, the City e-procurement website, in accordance with City Municipal Code. Upon release, 428 firms received notification of the IFB, and 33 firms downloaded the IFB documents. One vendor submitted proposal responses by the published closing date of May 22, 2025. The vendor proposal was deemed responsive to the IFB. Based on these results, staff recommends the bid be awarded to Holiday Lights Inc. as the sole responsive, responsible bidder to the IFB.

Pursuant to Section I-4-2.01 of the Milpitas Municipal Code, the City Council must approve contracts whose value exceeds $100,000.

POLICY ALTERNATIVE(S):

Alternative 1: Do not award IFB 25-1170 to Holiday Lights, Inc. for Holiday Lights for City Hall Trees services.

Pros: Elimination of this service will save the City $75,000 annually and a total of $375,000 for the 5-year agreement.

Cons: The City would no longer be able to have lights on City Hall to celebrate the holiday season.

Page 28 of 766 ends

Reason for Not Recommending: By not approving staff’s recommendation, the holiday lights would not be installed and would counter City Council feedback.

FISCAL IMPACT:

Funding for this agreement for the current fiscal year is available in the FY 2025-26 Adopted, Amended Operating Budget in Public Works Facility maintenance. Funding for future fiscal years is subject to appropriation, so the City Council is not committing to spending the entire $375,000 by awarding this contract.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

ATTACHMENT(S):

None.

Page 29 of 766 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution to Approve Project Plans and Specifications, Award Bid to Square Signs LLC, and Authorize the City Manager to Negotiate and Execute an Agreement for Scoreboard Replacement Services (Staff Contact: Luz Cofresí- Howe, Finance Director, 408-586-3111; and Christian DiRenzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 8/12/2025
Recommendation: Adopt a resolution to (1) Approve project plans and specifications; (2) Award Bid to Square Signs LLC; and (3) Authorize the City Manager, or designee, to negotiate and execute a Construction Agreement with the lowest responsive and responsible bidder, Square Signs, LLC, for scoreboard replacement services in an amount not to exceed $250,000, subject to the appropriation of funds.

BACKGROUND:

In Fiscal Year 2023-2024 under Capital Improvement Program (CIP) 5113 Minor Courts Rehab, the City identified and budgeted the replacement of seven (7) baseball and softball field scoreboards at the Milpitas Sports Center, Cardoza Park, and Dixon Landing. The existing scoreboards have deteriorated and reached the end of useful life.

ANALYSIS:

On May 9, 2025, the City released an Invitation to Bid (IFB 25-1038) for the Scoreboard Replacement Project (Project). The IFB required specific certifications and licenses to ensure regulatory compliance and technical capability necessary to perform the services. The scope of work requires the vendor to demolish seven (7) existing scoreboards and install seven (7) new scoreboards (provided by the City) at Milpitas Sports Center, Cardoza Park, and Dixon Landing.

The IFB was publicly noticed on the City’s website and OpenGov, the City’s e-procurement website, in accordance with City Municipal Code and 38 companies downloaded the IFB documents. One vendor submitted a bid response by the published closing date of June 17, 2025.

After review of the bid response, the City entered negotiations with the sole responding vendor, Square Signs LLC, to better align pricing with the estimated Project budget. As a result of the negotiations, the vendor agreed to reduce their original bid from $298,400 to $250,000, a cost reduction of $48,400 or approximately 16%. Based on this, the City issued a Notice of Intended Award to Square Signs LLC.

Pursuant to Section I-2-3.20 of the Milpitas Municipal Code, staff recommends that the City Council award the Project to the lowest responsive and responsible bidder, Square Signs LLC. Pursuant to Section I-4-2.01 of the Milpitas Municipal Code, staff recommends that the City Council authorize the City Manager, or designee, to negotiate and execute a contract with Square Signs LLC, not to exceed $250,000. Pursuant to Section I-2-3.20 of the Milpitas Municipal Code, the City Engineer has approved the plans and designs, and all amendments and addenda thereto, for the Project and recommends that the City Council approve the same.

POLICY ALTERNATIVE(S):

Alternative 1: Do not negotiate and execute an Agreement with Square Signs LLC.

Page 30 of 766 ends

Pros: There would be a savings of $250,000 for CIP 5113.

Cons: The existing scoreboards would be unusable for games conducted on the baseball and softball fields at these locations.

FISCAL IMPACT:

This Project will be funded through the CIP 5113 – Minor Courts Rehab, and there is adequate funding for this Project.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The Project entails replacement or reconstruction of existing structures and facilities, where the new structure will be located on the same site as the structure 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.

ATTACHMENT(S):
(a) Resolution
(b) Project Plans

Page 31 of 766 ends

RESOLUTION No. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING PROJECT PLANS AND SPECIFICATIONS; AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO NEGOTATE AND EXECUTE A CONSTRUCTION

AGREEMENT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, SQUARE

SIGNS LLC, FOR SCOREBOARD REPLACEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $250,000, SUBJECT TO THE APPROPRIATION OF FUNDS

WHEREAS, City Milpitas Municipal Code Section I-2-3.08 (“Formal Bid Procedures”) authorizes the City Council to award construction contracts to the responsible bidder, whose proposal is determined in writing to be the most advantageous to the City, taking into consideration, price, value, and the evaluation factors set forth in the request for proposals; and

WHEREAS, Capital Improvement Program Project No. 5113 – Minor Sports Courts Rehabilitation Program is an approved project which provides for minor improvements and rehabilitation of the City’s tennis, basketball, and sport courts in the adopted 2026-2030 Capital Improvement Program (CIP) budget; and

WHEREAS, the baseball and softball fields at Cardoza Park, Dixon Landing Park, and Milpitas Sports Center, are all equipped with electronic scoreboards that have deteriorated and reached the end of their useful life; and

WHEREAS, the Public Works Department identified the need for a qualified contractor to install the scoreboards and related infrastructure; and

WHEREAS, in accordance with the bidding requirements in the City’s Municipal Code, the Project was advertised for bid on May 9, 2025, in accordance with the bidding requirements; and

WHEREAS, one vendor, Square Signs LLC, submitted a responsive bid and subsequent negotiations led to a $48,400 price reduction, resulting in a revised total project bid in the amount of $250,000; and

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

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

2. 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 or designee to execute the contract and related documents with the lowest responsible bidder submitting a responsive bid, Square Signs LLC, in the amount of $250,000 for the Project. The City Manager or their designee is authorized to execute a contract with Square Signs LLC not to exceed this amount and take all necessary actions to effectuate this award.

Page 32 of 766 ends

PASSED AND ADOPTED this 12th day of August, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

_____________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

_____________________________
Christopher Creech, Acting City Attorney

Page 33 of 766 ends

Page 34 of 766 ends

Vult = 95 mph
Risk Category II
Exposure C
Kd = 0.85
Kzt = 1.00
G = 0.85
SITE SPECIFIC SEISMIC:

Ss = 2.287 S1 = 0.887g
Site Class C Sds = 1.83
Seismic Design Category E
R = 3 V = (Cs)W = 0.436W

TESTING AND SPECIAL INSPECTIONS REQUIREMENTS FROM
FORM DSA 103 THAT ARE APPLICABLE TO INSTALLATION FOR

CITY OF MILPITAS ARE SPECIFIED ON COMPLETED

SPECIAL INSPECTION AND TESTING AGREEMENT SCHEDULE
SUBMITTED SEPARATELY.

SITE SPECIFIC WIND:

Vult = 95 mph
Risk Category II
Exposure C
Kd = 0.85
Kzt = 1.00
G = 0.85
SITE SPECIFIC SEISMIC:

Ss = 2.287 S1 = 0.887g
Site Class C Sds = 1.83
Seismic Design Category E
R = 3 V = (Cs)W = 0.436W
MODEL BA-2014 - 20' W x 6.5' H with 24" H AD-BOARD AT TOP
ON (2) COLUMNS EMBEDDED
IN CIDH PIER FOOTINGS
2022 CBC
MODEL BA-624 - 16' W x 6' H
with 24" H AD-BOARD AT TOP & BOTTOM BACK-TO-BACK
ON (2) COLUMNS EMBEDDED
IN CIDH PIER FOOTINGS
2022 CBC

TESTING AND SPECIAL INSPECTIONS REQUIREMENTS FROM
FORM DSA 103 THAT ARE APPLICABLE TO INSTALLATION FOR

CITY OF MILPITAS ARE SPECIFIED ON COMPLETED

SPECIAL INSPECTION AND TESTING AGREEMENT SCHEDULE
SUBMITTED SEPARATELY.

Vult = 95 mph
Risk Category II
Exposure C
Kd = 0.85
Kzt = 1.00
G = 0.85
SITE SPECIFIC SEISMIC:

Ss = 2.287 S1 = 0.887g
Site Class C Sds = 1.83
Seismic Design Category E
R = 3 V = (Cs)W = 0.436W

TESTING AND SPECIAL INSPECTIONS REQUIREMENTS FROM
FORM DSA 103 THAT ARE APPLICABLE TO INSTALLATION FOR

CITY OF MILPITAS ARE SPECIFIED ON COMPLETED

SPECIAL INSPECTION AND TESTING AGREEMENT SCHEDULE
SUBMITTED SEPARATELY.

SITE SPECIFIC WIND:

Vult = 95 mph
Risk Category II
Exposure C
Kd = 0.85
Kzt = 1.00
G = 0.85
SITE SPECIFIC SEISMIC:

TESTING AND SPECIAL INSPECTIONS REQUIREMENTS FROM
FORM DSA 103 THAT ARE APPLICABLE TO INSTALLATION FOR

CITY OF MILPITAS ARE SPECIFIED ON COMPLETED

SPECIAL INSPECTION AND TESTING AGREEMENT SCHEDULE
SUBMITTED SEPARATELY.
2023 MILPITAS MUNICIPAL CODE

Page 35 of 766 ends

Quote:
828779-1-0
BA-2125
MODEL BA-2125 - 25' W x 7' H with 24" H AD-BOARD AT TOP
ON (2) COLUMNS EMBEDDED
IN CIDH PIER FOOTINGS
2022 CBC
Quote:
828779-1-0
BA-624
MODEL BA-624 - 16' W x 6' H
with 24" H AD-BOARD
BACK-TO-BACK AT TOP
ON (2) COLUMNS EMBEDDED
IN CIDH PIER FOOTINGS
2022 CBC
MODEL BA-2014 - 20' W x 6.5' H with 24" H AD-BOARD AT TOP
ON (2) COLUMNS EMBEDDED
IN CIDH PIER FOOTINGS
2022 CBC
MODEL BA-624 - 16' W x 6' H
with 24" H AD-BOARD AT TOP & BOTTOM BACK-TO-BACK
ON (2) COLUMNS EMBEDDED
IN CIDH PIER FOOTINGS
2022 CBC
Quote:
828779-1-0
BA-2125
MODEL BA-2125 - 25' W x 7' H with 24" H AD-BOARD AT TOP
ON (2) COLUMNS EMBEDDED
IN CIDH PIER FOOTINGS
2022 CBC
Quote:
828779-1-0
BA-624
MODEL BA-624 - 16' W x 6' H
with 24" H AD-BOARD
BACK-TO-BACK AT TOP
ON (2) COLUMNS EMBEDDED
IN CIDH PIER FOOTINGS
2022 CBC
MODEL BA-2014 - 20' W x 6.5' H with 24" H AD-BOARD AT TOP
ON (2) COLUMNS EMBEDDED
IN CIDH PIER FOOTINGS
2022 CBC
MODEL BA-624 - 16' W x 6' H
with 24" H AD-BOARD AT TOP & BOTTOM BACK-TO-BACK
ON (2) COLUMNS EMBEDDED
IN CIDH PIER FOOTINGS
2022 CBC

Page 36 of 766 ends

AD-BOARDS OF BACK-TO-BACK
SCOREBOARDS (775 LBS.) IS LESS
THAN THE MAX. WEIGHT OF ASSEMBLY
LISTED ON TABLE ABOVE (3154 LBS.)
NOTE: L BRACKETS TO OCCUR

AT BOTH SIDES OF COLUMNS

FOR BACK-TO-BACK
SCOREBOARDS w/ AD-BOARDS
FOR MODEL BA-624 - 16' W x 6' H
with 24" H AD-BOARD AT TOP.

NOTE: TOTAL WEIGHT OF

DISPLAYS & AD-BOARDS OF
BACK-TO-BACK BA624
SCOREBOARDS (775 LBS.) IS
LESS THAN THE MAX. WEIGHT

OF ASSEMBLY LISTED ON
TABLE ABOVE (3154 LBS.)
NOTE: L BRACKETS TO OCCUR

AT BOTH SIDES OF COLUMNS

FOR BACK-TO-BACK
SCOREBOARDS w/ AD-BOARDS
FOR MODEL BA-624 - 16' W x 6' H
with 24" H AD-BOARD AT TOP.
MODEL BA-2014 - 20' W x 6.5 H with 24" H AD-BOARD AT TOP
ON (2) COLUMNS EMBEDDED
IN CIDH PIER FOOTINGS
2022 CBC
BA624
BA2014
MODEL BA-624 - 16' W x 6' H
with 24" H AD-BOARD AT TOP & BOTTOM BACK-TO-BACK
ON (2) COLUMNS EMBEDDED
IN CIDH PIER FOOTINGS
2022 CBC
NOTE: TOTAL WEIGHT OF DISPLAYS &

AD-BOARDS OF BACK-TO-BACK
SCOREBOARDS (775 LBS.) IS LESS
THAN THE MAX. WEIGHT OF ASSEMBLY
LISTED ON TABLE ABOVE (3154 LBS.)
NOTE: L BRACKETS TO OCCUR

AT BOTH SIDES OF COLUMNS

FOR BACK-TO-BACK
SCOREBOARDS w/ AD-BOARDS
FOR MODEL BA-624 - 16' W x 6' H
with 24" H AD-BOARD AT TOP.

NOTE: TOTAL WEIGHT OF DISPLAYS &

AD-BOARDS OF BACK-TO-BACK
SCOREBOARDS (775 LBS.) IS LESS
THAN THE MAX. WEIGHT OF ASSEMBLY
LISTED ON TABLE ABOVE (3154 LBS.)
NOTE: L BRACKETS TO OCCUR

AT BOTH SIDES OF COLUMNS

FOR BACK-TO-BACK
SCOREBOARDS w/ AD-BOARDS
FOR MODEL BA-624 - 16' W x 6' H
with 24" H AD-BOARD AT TOP.

AD-BOARDS OF BACK-TO-BACK
SCOREBOARDS (775 LBS.) IS LESS
THAN THE MAX. WEIGHT OF ASSEMBLY
LISTED ON TABLE ABOVE (3154 LBS.)
NOTE: L BRACKETS TO OCCUR

AT BOTH SIDES OF COLUMNS

FOR BACK-TO-BACK
SCOREBOARDS w/ AD-BOARDS
FOR MODEL BA-624 - 16' W x 6' H
with 24" H AD-BOARD AT TOP.

NOTE: TOTAL WEIGHT OF

DISPLAYS & AD-BOARDS OF
BACK-TO-BACK BA624
SCOREBOARDS (775 LBS.) IS
LESS THAN THE MAX. WEIGHT

OF ASSEMBLY LISTED ON
TABLE ABOVE (3154 LBS.)
NOTE: L BRACKETS TO OCCUR

AT BOTH SIDES OF COLUMNS

Page 37 of 766 ends

During Construction
Don’t mix up more fresh concrete or cement than you will use in a two-hour period.

Set up and operate small mixers on tarps or heavy plastic drop cloths.

When cleaning up after driveway or sidewalk construction, wash /f_ines onto dirt areas, not down the driveway or into the street or storm drain.

Protect applications of fresh concrete and mortar from rainfall and runoﬀ until the material has dried.

Wash down exposed aggregate concrete only when the wash water can (1) /f_low onto a dirt area; (2) drain onto a bermed surface from which it can be pumped and disposed of properly; or (3) be vacuumed from a catchment created by blocking a storm drain inlet. If necessary, divert runoﬀ with temporary berms. Make sure runoﬀ does not reach gutters or storm drains.

When breaking up pavement, be sure to pick up all the pieces and dispose of properly. Recycle large chunks of broken concrete at a local recycling facility.

Never bury waste material. Dispose of small amounts of excess dry concrete, grout, and mortar in the trash.

Never dispose of washout into the street, storm drains, drainage ditches, or streams.

Doing the Job Right
General Business Practices

Wash out concrete mixers only in designated wash-out areas in your yard, away from storm drains and waterways, where the water will /f_low into a temporary waste pit in a dirt area.

Let water percolate through soil and dispose of settled, hardened concrete as garbage. Whenever possible, recycle washout by pumping back into mixers for reuse.

Wash out chutes onto dirt areas at site that do not /f_low to streets or drains.

Always store both dry and wet materials under cover,
protected from rainfall and runoﬀ and away from storm drains or waterways. Protect dry materials from wind.

Secure bags of cement after they are open. Be sure to keep wind-blown cement powder away from streets, gutters, storm drains, rainfall, and runoﬀ.

Do not use diesel fuel as a lubricant on concrete forms, tools, or trailers.

Fresh Concrete and Mortar
Application
Who should use this information?

• Masons and Bricklayers
• Sidewalk Construction Crews
• Patio Construction Workers
• Construction Inspectors
• General Contractors
• Home Builders
• Developers
• Concrete Delivery/Pumping Workers

Storm Drain Pollution from Fresh Concrete
And Mortar Applications
Fresh concrete and cement-related mortars that wash into lakes, streams, or estuaries are toxic to /f_ish and the aquatic environment. Disposing of these materials to the storm drains or creeks can block storm drains, causes serious

Heavy Equipment Operation

Who should use this
information?

• Vehicle and Equipment Operators
• Site Supervisors
• General Contractors
• Home Builders
• Developers

Doing the Job Right
Site Planning and Preventive Vehicle Maintenance

Designate one area of the construction site, well away from streams or storm drain inlets, for auto and equipment parking, refueling, and routine vehicle and equipment maintenance. Contain the area with berms, sand bags, or other barriers.

Maintain all vehicles and heavy equipment. Inspect frequently for and repair leaks.

Perform major maintenance, repair jobs, and vehicle and equipment washing oﬀ site where cleanup is easier.

If you must drain and replace motor oil, radiator coolant, or other /f_luids on site, use drip pans or drop clot hs to catch drips and spills. Collect all spent /f_luids, store in separate containers. Recycle them wherever possible, otherwise, dispose of them as hazardous wastes.

Do not use diesel oil to lubricate equipment parts, or clean equipment.

Use only water for any onsite cleaning.

Cover exposed /f_ifth wheel hitches and other oily or greasy equipment during rain events.

Use as little water as possible for dust control. Ensure water used doesn’t leave silt or discharge to storm drains.

Spill Cleanup

Clean up spills immediately when they happen.

Never hose down "dirty" pavement or impermeable surfaces where /f_luids have spilled. Use dry cleanup methods (absorbent materials, cat litter, and/ or rags) whenever possible and properly dispose of absorbent materials.

Sweep up spilled dry materials immediately. Never attempt to “wash them away" with water, or bury them.

Clean up spills on dirt areas by digging up and properly disposing of contaminated soil.

Report signi/f_icant spills to the appropriate local spill response agencies immediately. In Milpitas, dial 9-1-1 if hazardous materials might enter the storm drain.

Stormwater Pollution
from Heavy Equipment on Construction Sites

Poorly maintained vehicles and heavy equipment that leak fuel, oil, antifreeze or other /f_luids on the construction site are common sources of storm drain pollution.

Prevent spills and leaks by isolating equipment from runoﬀ channels, and by watching for leaks and other maintenance problems. Remove construction equipment from the site as soon as possible.

Earth-Moving
and Dewatering
Activities

Who should use
this information?

• Bulldozer, Back Hoe, and Grading
Machine Operators
• Dump Truck Drivers
• Site Supervisors
• General Contractors
• Home Builders
• Developers
Doing the Job Right
General Business Practices
Schedule excavation and grading work
during dry weather.

Perform major equipment repairs away
from the job site.

When refueling or vehicle/equipment
maintenance must be done on site,
designate a location away from storm
drains.

Do not use diesel oil to lubricate
equipment parts, or clean equipment.

Practices During Construction
Remove existing vegetation only when
absolutely necessary. Plant temporary
vegetation for erosion control on
slopes or where construction is not
immediately planned.

Protect downslope drainage courses,
streams, and storm drains with wattles,
or temporary drainage swales. Use
check dams or ditches to divert runoﬀ
around excavations. Refer to the
Regional Water Quality Control
Board’s Erosion and Sediment Control
Field Manua l for proper erosion and
sediment control measures, and
California Stormwater Quality
Association Stormwater Best
Management Practice Handbook
(construction, 2003)
Cover stockpiles and excavated soil
with secured tarps or plastic sheeting.

Dewatering Operations
Check for Toxic Pollutants
Check for odors, discoloration, or an
oily sheen on groundwater.

Call your local wastewater treatment
agency and ask whether the
groundwater must be tested.

If contamination is suspected, have the
water tested by a certi/f_ied laboratory.

Depending on the test results, you may
be allowed to discharge pumped
groundwater to the storm drain (if no
sediments present) or sanitary sewer.

OR, you may be required to collect and
haul pumped groundwater oﬀ site for
treatment and disposal at an
appropriate treatment facility.

Storm Drain Pollution from
Earth-Moving Activities

Soil excavation and grading operations
loosen large amounts of soil that can /f_low
or blow into storm drains when handled
improperly. Sediments in runoﬀ can clog
storm drains, smother aquatic life, and
destroy habitats in creeks and the Bay.

Eﬀ ective erosion control practices reduce
the amount of runoﬀ crossing a site and
slow the /f_low with check dams or
roughened ground surfaces.

Contaminated groundwater is a
common problem in the Santa Clara
Valley. Depending on soil types and site
history, groundwater pumped from
construction sites may be contaminated
with toxics (such as oil or solvents) or
laden with sediments. Any of these
pollutants can harm wildlife in creeks or
the Bay, or interfere with wastewater
treatment plant operation. Discharging
sediment-laden water from a dewatering
site into any water of the state without
treatment is prohibited.

Roadwork and Paving

Who should use this
information?

• Road Crews
• Driveway/Sidewalk/Parking Lot
Construction Crews
• Seal Coat Contractors
• Operators of Grading Equipment,
Paving Machines, Dump Trucks,
Concrete Mixers
• Construction Inspectors
• General Contractors
• Developers
• Home Builders
Doing the Job Right
General Business Practices

Develop and implement erosion/sediment control
plans for roadway embankments.

Schedule excavation and grading work during dry
weather.

Check for and repair leaking equipment.

Perform major equipment repairs at designated
areas in your maintenance yard, where cleanup is
easier. Avoid performing equipment repairs at
construction sites.

When refueling or when vehicle/equipment
maintenance must be done on site, designate a
location away from storm drains and creeks.

Do not use diesel oil to lubricate equipment parts or
clean equipment.

Recycle used oil, concrete, broken asphalt, etc.
whenever possible, or dispose of properly.

During Construction

Avoid paving and seal coating in wet weather, or
when rain is forecast, to prevent fresh materials
from contacting stormwater runoﬀ.

Cover and seal catch basins and manholes when
applying seal coat, slurry seal, fog seal, or similar
materials.

Protect drainage ways by using earth dikes, sand
bags, or other controls to divert or trap and /f_ilter
runoﬀ.

Never wash excess material fr om exposed
aggregate concrete or similar treatments into a
street or storm drain. Collect and recycle, or
dispose to dirt area.

Cover stockpiles (asphalt, sand, etc.) and other
construction materials with plastic tarps. Protect
from rainfall and prevent runoﬀ with temporary
roofs or plastic sheets and berms.

Park paving machines over drip pans or absorbent
material (cloth, rags, etc.) to catch drips when not
in use.

Clean up all spills and leaks using “dry” methods
(with absorbent materials and/or rags) Dig up,
remove, and properly dispose of contaminated soil.

Storm Drain Pollution from Roadwork
Road paving, surfacing, and pavement removal happen right in the street, where there are numerous opportunities for asphalt, saw-cut slurry, or excavated material to illegally enter storm drains. Extra planning is required to store and dispose of materials properly and guard against pollution of storm drains, creeks, and the Bay.

Detecting
Contaminated Soil
or Groundwater

Contaminated groundwater
is a common problem in the
Santa Clara Valley. It is
essential that all contractors
and subcontractors involved
know what to look for in
detecting contaminated soil
or groundwater, and testing
ponded groundwater before
pumping. Watch for any of
these conditions:

1. Unusual soil conditions,
discoloration or odor.

2. Abandoned under-
ground tanks.

3. Abandoned wells.

4. Buried barrels, debris or
trash.

If any of these are found
follow the procedures below.

Collect and recycle or appropriately dispose of
excess abrasive gravel or sand.

Avoid over-application by water trucks for dust
control.

Asphalt/Concrete Removal

Avoid creating excess dust when breaking
asphalt or concrete.

After breaking up old pave ment, be sure to
remove all chunks and pieces. Make sure
broken pavement does not come in contact with
rainfall or runoﬀ.

When making saw cuts, use as little water as
possible. Shovel or vacuum saw-cut slurry and
remove from the site. Cover or protect storm
drain inlets during saw-cutting. Sweep up, and
properly dispose of, all residues.

Sweep, never hose down streets to clean up
tracked dirt. Use a street sweeper or vacuum
truck. Do not dump vacuumed liquor in storm
drains.

Painting and Application
of Solvents and
Adhesives

Who should use this
information?

• Painters
• Paperhangers
• Plasterers
• Graphic Artists
• Dry Wall Crews
• Floor Covering
Installers
• General Contractors
• Home Builders
• Developers
• Homeowners
Doing the Job Right
Handling Paint Products

Keep all liquid paint products and wastes away
from the gutter, street, and storm drains. Liquid
residues from paints, thinners, solvents, glues,
and cleaning /f_luids are hazardous wastes and
must be disposed of as hazardous.

Wash water from painted buildings constructed
before 1978 can contain high amounts of lead,
even if paint chips are not present. Before you
begin stripping paint or cleaning pre-1978
building exteriors with water under high
pressure, test paint for lead by taking paint
scrapings to a local laboratory. See Yellow
Pages for a state-certi/f_ied laboratory.

If there is loose paint on the building, or if the
paint tests positive for lead, block storm drains.

Check with the wastewater treatment plant to
determine whether you may discharge water to
the sanitary sewer, or if you must send it oﬀ site
for disposal as hazardous waste.

Paint Removal
Paint chips and dust from non-hazardous dry stripping and sand blasting may be swept up or collected in plastic drop cloths and disposed of as trash.

Chemical paint stripping residue and chips and dust from marine paints or paints containing lead, mercury or tributyl tin must be disposed of as hazardous wastes. Lead based paint removal requires a state-certi/f_ied contractor.

When stripping or cleaning building exteriors with
high-pressure water, block storm drains. Direct wash
water onto a dirt area to /f_ind out if you can collect (mop or vacuum) building cleaning water and dispose to
the sanitary sewer. Sampling of the water may be required to assist the wastewater treatment authority in making its decision.

Painting Cleanup
Never clean brushes or rinse paint containers into a street, gutter, storm drain, French drain, or stream.

For water-based paints, paint out brushes to the extent possible, and rinse into a drain that goes to the sanitary Storm Drain Pollution from
Paints, Solvents,
and Adhesives

All paints, solvents, and adhesives contain
chemicals that are ha rmful to wildlife in
local creeks, San Francisco Bay, and the
Paci/f_ic Ocean. Toxic chemicals may come
from liquid or solid products or from
cleaning residues or rags. Paint material
and wastes, adhesives and cleaning /f_luids
should be recycled when possible, or
disposed of properly to prevent these
materials from /f_lowing into storm drains and
watercourses.

Landscaping,Gardening,
And Pool Maintenance

Who should use this
information?
• Landscapers
• Gardeners
• Swimming Pool/Spa
Service and Repair Workers
• General Contractors
• Home Builders
• Developers
• Homeowners
Doing the Job Right
General Business Practices
Protect stockpiles (e.g. asphalt, sand, or soil) and
landscaping materials from wind and rain by storing them under tarps or secured plastic sheeting.

Store pesticides, fertilizers, and other chemicals indoors or in a shed or storage cabinet.

Schedule grading and excavation projects during dry
weather.

Use temporary check dams or ditches to divert runoﬀ
away from storm drains.

Protect storm drains with sandbags or other sediment
controls.

Revegetation is an excellent form of erosion control for any site. Replant as soon as possible with temporary
vegetation such as grass seed.

Landscaping/Garden Maintenance
Consider using Integrated Pest Management Techniques.

Use pesticides sparingly, according to instructions on the label. Rinse empty containers, and use rinsewater as
product. Dispose of rinsed, empty containers in the trash.

Dispose of unused pesticides as hazardous waste.

Collect lawn and garden clippings, pruning waste, and
tree trimmings. Chip if necessary, and compost if
possible.

Do not blow or rake leaves, etc. into the street, or
place yard waste in gutters or on dirt shoulders.

Sweep up any leaves, litter or residue in gutters or on street.

Pool/Fountain/Spa Maintenance
Draining pools or spas

Storm Drain Pollution
from Landscaping and
Swimming Pool Maintenance

Many landscaping activities expose soils and increase the likelihood that earth and garden chemicals will run oﬀ into the storm drains during irrigation or when it rains. Swimming pool water containing chlorine and copper-based algaecides should never be discharged to storm drains. These chemicals are toxic to aquatic life. sewer. Never pour paint down a storm drain. Dispose of excess liquids and residue as hazardous waste.

For oil-based paints, paint out brushes to the extent
possible and clean with thinner or solvent in a proper
container. Filter and reuse thinners and solvents. Dispose of excess liquids and residue as hazardous waste.

When thoroughly dry, empty paint cans, used brushes,
rags, and drop cloths may be disposed of as garbage in a sanitary land/f_ill. Leave lids oﬀ paint cans so the refuse collector cam see that they are empty. Empty, dry paint cans also may be recycled as metal.

Dispose of empty aerosol paint cans as hazardous waste
or at household hazardous waste collection events.

Recycle/Reuse Leftover Paints
Whenever Possible
Donate excess water-based (latex) paint for reuse.

Reuse leftover oil-based paint. Dispose of non-recyclable thinners, sludge and unwanted paint, as hazardous
waste.

Unopened cans of paint may be able to be returned to the paint vendor. Check with the vendor regarding its
"buy-back" policy.

Never discharge pool or spa water to a street or
storm drain; discharge to a sanitary sewer
cleanout.

If possible, when emptying a pool or spa, let
chlorine dissipate for a few days and then recycle/
reuse water by draining it gradually onto a
landscaped area. OR
San Jose/Santa Clara Water Pollution Control
Plant (408) 945-5300. You may be able to
discharge to the sanitary sewer by running the
hose to a utility sink or sewer pipe clean-out.

Do not use copper-based algaecides Control
algae with chlorine or other alternatives, such as
sodium bromide.

Filter Cleaning

Never clean a /f_ilter in the street or near a storm
drain. Rinse cartridge and diatomaceous earth
/f_ilters onto a dirt area, and spade /f_ilter residue into soil. Dispose of spent diatomaceous earth in the
garbage.

If there is no suitable dirt call San Jose/Santa Clara
Water Pollution Control Plant (408) 945-5300 for
instructions on discharging /f_ilter backwash or
rinse water to the sanitary sewer.

General Construction
and Site

Who should use
this information?

• General Contractors
• Site Supervisors
• Inspectors
• Home Builders
• Developers
• Homeowners
Doing the Job Right
General Principles

Keep an orderly site and ensure good housekeeping
practices are used.

Maintain equipment properly.

Cover materials when they are not in use.

Keep materials away from streets, storm drains and
drainage channels.

Ensure dust control water doesn’t leave site or discharge to storm drains.

Advance Planning To Prevent Pollution

Schedule excavation and grading activities for dry weather periods. To reduce soil erosion, plant temporary vegetation or place other erosion controls before rain begins. Use the Erosion and Sediment Control Field Manual , available
form the Regional Water Quality Control Board San
Francisco Bay Region, as a reference.

Control the amount of runoﬀ crossing your site (especially during excavation!) by using berms or temporary or
permanent drainage ditches to divert water /f_low around the site. Reduce stormwater runoﬀ velocities by constructing temporary check dams or berms where appropriate.

Good Housekeeping Practices

Designate one area of the site for auto parking, vehicle refueling, and routine equipment maintenance. The
designated area should be well away from streams or
storm drain inlets, bermed if necessary. Make major
repairs oﬀ site.

Keep materials out of the rain – prevent runoﬀ
contamination at the source. Cover exposed piles of soil or construction materials with plastic sheeting or temporary roofs. Before it rains, sweep and remove materials from surfaces that drain to storm drains, creeks, or channels.

Keep pollutants oﬀ exposed surfaces. Place trash cans
and recycling receptacles around the site to minimize litter.

Clean up leaks, drips and other spills immediately so they do not contaminate soil or groundwater or leave residue on paved surfaces.

Never hose down “dirty” pavement or surfaces where
materials have spilled.

Use dry cleanup methods whenever possible. If you must
use water, use just enough to keep the dust down.

Cover and maintain dumpsters. Check frequently for leaks.

Place dumpsters under roofs or cover with tarps or plastic sheeting secured around the outside of the dumpster.

Never clean out a dumpster by hosing it down on the
construction site.

Storm Drain Pollution from
Construction Activities

Construction sites are common sources of storm water
pollution. Materials and wastes that blow or wash into a storm drain, gutter, or street have a direct impact on local creeks and the Bay.

As a contractor, or site supervisor, owner or operator of a site, you may be responsible for any environmental
damage caused by your subcontractors or employees.

Preventing Pollution: It’s Up to Us
In the Santa Clara Valley, storm drains transport water directly to local creeks and San Francisco Bay without treatment. Stormwater pollution is a serious problem for wildlife dependent on our creeks and bays and for the people who live near polluted streams or baylands. Common sources of this pollution include spilled oil, fuel, and /f_luids from vehicles and heavy equipment; construction debris; sediment created by erosion; landscaping runoﬀ containing pesticides or weed killers; and materials such as used motor oil, antifreeze, and paint products that people pour or spill into a street or storm drain.

Thirteen valley municipalities have joined together with Santa Clara County and the Santa Clara Valley Water District to educate local residents and businesses and /f_ight stormwater pollution. This “blueprint” summarizes “Best Management Practices “(BMPs) for stormwater pollution prevention.

Spill Response Agencies:

Small Business Hazardous
Waste Disposal Program
Santa Clara County businesses that
generate less than 27 gallons or 220
pounds of hazardous waste per month are
eligible to use Santa Clara County’s Small
Business Hazardous Waste Disposal
Program. Call (408) 299-7300 for a quote,
more information or guidance on disposal.

BLUEPRINT FOR A CLEAN BAY
Best Management Practices for the Construction Industry

Remember: The property owner and the contractor share ultimate responsibility for the activities that occur on a construction site. You may be held responsible for any environmental damage caused by your subcontractors or employees.

Place portable toilets away from storm drains. Make sure portable toilets are in good working order. Check frequently for leaks .

Materials/Waste Handling
Practice Source Reduction -- minimize waste when you
order materials. Order only the amount you need to /f_inish the job.

Use recyclable materials whenever possible. Arrange for pick-up of recyclable materials such as concrete, asphalt, scrap metal, solvents, degreasers, cleared vegetation,
paper, rock, and vehicle maintenance materials such as
used oil, antifreeze, batteries, and tires.

Permits
In addition to local grading and building permits, you will need to obtain coverage under the State's General
Construction Activity Stormwater Permit if your construction site's disturbed area totals 1 acre or more. Information on the General Permit can be obtained from the Regional Water
Quality Control Board.

Santa Clara Valley
Urban Runoﬀ
Pollution Prevention Program

1. Dial 911

2. Santa Clara County Environmental Health
Services (408) 299-6930

3. Governor's Oﬃce of Emergency
Services Warning Center (800) 852-
7550 (24 hours).

problems, and is prohibited by law.
(a) Criminal Penalties. Violations of the provisions of this Chapter shall be subject to criminal penalties as provided in Section I-1-4.09-1 of this Code. (b) Judicial Civil Penalties. Any person who intentionally or negligently violates any provision of this Chapter or any provision of any permit or certi/f_icate issued pursuant to this Chapter shall be civilly liable to the city in a sum not to exceed twenty-/f_ive thousand dollars per day for each day in which such violation occurs. (c) Administrative Citations. When the City Manager and/or his or her designee determines that one or more violations of this Chapter have occurred an administrative citation may be issued pursuant to the procedures set forth in Sections V-500-8.00 through V-500-8.06. The schedule of /f_ines for administrative citations issued for violations of this Chapter shall be set forth in the schedule of /f_ines established by resolution of the City Council.
(d) Notice of Noncompliance. If the severity of the violation warrants immediate action, a Notice of Noncompliance or Stop Work Notice shall be issued, permits may be suspended or revoked, Stormwater Pollution Prevention Plans may be found in noncompliance, and corrective actions may be implemented in accordance with Section 11 of this Chapter. For all other cases, including those sites or projects where a stormwater pollution prevention plan is not required, the City Manager or his or her designee shall issue a Notice of Noncompliance that shall enumerate the violations found. The City Manager or his or her designee shall order compliance by a date or hour certain at his or her discretion. If the violations are not abated in the time period identi/f_ied in the Notice of Noncompliance, the site shall be deemed to be in noncompliance with federal, State and local laws and the City Manager or his or her designee shall have the authority to issue a Stop Work Notice and/or deem the Stormwater Pollution Prevention Plan inadequate. If a Stop Work Notice is issued, corrective actions must be performed until the site has achieved compliance. Corrective actions may include revision and resubmission of any Plan, including, but not limited to, Stormwater Pollution Prevention Plan, Erosion Control Plan or Grading Plan. The City Manager or his or her designee may also require a discharger that has violated any discharge limits contained in this Chapter to install a temporary system for the capture, testing, and release of stormwater. (e) Suspension of Utility Service. The City may, without prior notice, suspend water service, sanitary sewer service, and/or storm drain discharge access to a person discharging to the storm drain system when such suspension is necessary to stop an actual or threatened discharge which presents, or may present, imminent and substantial danger to the environment or to the health or welfare of persons; or presents, or may present, imminent and substantial danger to the storm drain system.

XI-16-11 Accidental Discharge
- Noti/f_ication of Discharge
(a) All persons shall notify the City by telephone immediately by dialing 911 upon accidentally discharging any material other than an acceptable discharge into a storm drain or watercourse to enable countermeasures to be taken by the City to minimize damage to storm drains and the receiving waters. Prohibited discharges include but are not limited to:
(1) Sewage;
(2) Discharges of wash water resulting from the cleaning of exterior surfaces and pavement, or the equipment and other facilities of any commercial business, or any other public or private facility;
(3) Discharges of runoﬀ from material storage areas, including containing chemicals, fuels, or other potentially polluting or hazardous materials; (4) Discharges of pool or fountain water containing chlorine, biocides, or other chemicals; discharges of pool or fountain /f_ilter backwash water; (5) Discharges of sediment, pet waste, vegetation clippings, or other landscape or construction-related wastes; and
(6) Discharges of food-related wastes (e.g., grease, /f_ish processing, and restaurant kitchen mat and trash bin wash water, etc.).

The City, at its sole option, may direct the person or persons responsible for the discharge to perform cleanup activities when it is deemed by the City that the person or persons have the capability to perform such activities. All violations shall be corrected in a timely manner before the next rain event, but no longer than ten (10) business days after the violations are discovered. (b) The person deemed by the City responsible for the discharge shall, within /f_ive (5) days of the date of occurrence, provide a detailed written statement to the City Manager or his or her designee describing the causes of the accidental discharge and the measures being taken to prevent future occurrences.

Such noti/f_ication will not relieve persons of liability for violations of this Chapter or for any /f_ines imposed on the City on account thereof under Section 13350 of the California Water Code, or for violation of Section 5650 of the California Fish and Wildlife Code, or any other applicable provisions of State or federal law. (c) Persons deemed by the City responsible for the discharge are responsible for all expenses resulting from the discharge, including, but not limited to, damages, /f_ines, and costs of clean-up, whether performed by their own eﬀorts, City eﬀorts, or the eﬀorts of a third party. Reimbursement of City eﬀorts shall be determined by the number of personnel required and amount of time necessary for the coordination of City eﬀorts and actual clean-up. All personnel costs shall be charged at their current fully-burdened rate, including overtime, plus any and all other direct costs.

XI-16-14 Enforcement and Penalties

Santa Clara County Oﬃce of Toxics
and Solid Waste Management
(408) 441-1195
Santa Clara Valley Water District
(408) 265-2600
San Jose/Santa Clara Water Pollution
Control Plant
(408) 945-5300
Serving Milpitas, Cupertino, Los
Gatos, Milpitas, Monte Sereno, San
Jose, Santa Clara and Saratoga

Local Pollution Control Agencies
When it’s time to drain a pool, spa, or fountain, please be sure to call your local wastewater treatment plant
before you start for further guidance on /f_low rate restrictions, back/f_low prevention, and handling special cleaning
waste (such as acid wash). Discharge /f_lows should be kept to the low levels typically possible through a garden hose.

Higher /f_low rates may be prohibited by local ordinance.

Milpitas Municipal Code (MMC) 2017
Supervision
Train your employees and subcontractors. Make these
brochures available to everyone who works on the
construction site. Inform subcontractors about the
stormwater requirements and their own responsibilities.

Dispose of all wastes properly. Many construction materials and wastes, including solvents, water-based paints, vehicle /f_luids, broken asphalt and concrete, wood, and cleared vegetation can be recycled.

Materials that cannot be recycled must be taken to an appropriate land/f_ill or disposed of as hazardous waste.

Never bury waste materials or leave them in the street or near a creek or stream bed.
(f ) For construction projects where a total of three or more Stop Work Notices and Notices of Noncompliance for urban runoﬀ violations have been issued, the City Manager or his or her designee may require the contractor to hire a Quali/f_ied SWPPP Developer (QSD) or Quali/f_ied SWPPP Practitioner (QSP) within three business days. The QSD/QSP shall establish eﬀective BMPs, provide guidance for improvement for the duration of the project, and certify compliance. A Stop Work Notice shall be issued for failure to comply.
(g) Remedies Cumulative. The remedies provided in this section are cumulative and not exclusive, and shall be in addition to any other penalty provided for in this Chapter and shall be in addition to all other remedies available to the City under State and federal law.

CB-1
SHEET PROJECT ADDRESS:PROJECT NAME:

BLUEPRINT FOR A CLEAN BAY

BUILDING & SAFETY DEPARTMENT

Page 38 of 766 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution to Increase Appropriation for the Annual Wholesale Water Purchase from Santa Clara Valley Water District (Staff Contact: Luz Cofresí- Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Community Development
Meeting Date: 8/12/2025
Recommendation: Adopt a resolution to increase appropriation in the Water Fund for the Annual Wholesale Water Purchase from the Santa Clara Valley Water District by $446,073.32.

BACKGROUND:

The City of Milpitas owns, operates, and maintains an extensive network of water system infrastructure (Water System). The Water System consists of 206 miles of pipeline, four pumping stations, five storage reservoirs and pressure valves regulating seven pressure zones delivering an average of 11 million gallons of drinking water per day to approximately 16,750 customer accounts. The City purchases wholesale drinking water from the San Francisco Public Utilities Commission (SFPUC) and Valley Water (VW). SFPUC water is delivered through the Hetch Hetchy Aqueduct originating in the Sierra Nevada Mountain Range. VW treats raw water from the Sacramento-San Joaquin River Delta, through the State Water and Federal San Felipe Projects. The City drinking water is an aggregate of approximately two-thirds from SFPUC and the remaining one-third from Valley Water.

On June 4, 2024, the City Council approved and adopted the Fiscal Year 2024-2025 Operating Budget, which included funding for the City’s projected wholesale water purchase from SFPUC and VW. In developing the preliminary budget, the City based its water purchase projections on the five-year water rate study approved by the City Council on March 21, 2023. This study recommended rate increases sufficient to recover projected costs, including annual escalations in wholesale water prices for FY 2023-24 to FY 2027-28 to account for potential increases from suppliers.

ANALYSIS:

During the Fiscal Year 2024-2025 budget process, the City based its projections for wholesale water purchases from VW on estimates from the adopted rate study. However, actual water consumption exceeded those estimates, leading to higher-than-expected invoiced amounts. This additional cost for is directly recovered through customer billing.

City of Milpitas FY2024-
2025 Budget
Valley Water FY2024-
2025 Invoiced Actuals
Difference (Amount
Due to Valley Water)
TOTAL $7,105,901.00 $7,549,749.28 +
$2,225.04 (interest for
late payment)
($446,073.32)

City of Milpitas
Estimated
Consumption in Rate
Model
Valley Water FY2024-
2025 Invoiced Actual
Consumption
Difference (Overage)
TOTAL 1,209,746 HCF 1,403,010.97 HCF 193,264.97 HCF

Page 39 of 766 ends

Staff recommends that the City Council appropriate an additional $446,073.32 in the FY 2024-25 Adopted, Amended Operating Budget to cover the additional purchase costs from VW. Sufficient funding is available in the FY 2024-25 Water Fund balance to cover the difference.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve an increase in appropriation for annual wholesale water purchase from Valley Water.

Pros: None.

Cons: It would be alleged that the City violated the terms set forth in the 1984 master agreement between the City of Milpitas and Santa Clara Valley Water District.

Reason for Not Recommending: Per the 1984 master agreement between the City of Milpitas and Santa Clara Valley Water District for the supply of treated water, the City is required to pay its monthly wholesale water costs to Valley Water within 20 days of invoice receipt or be subject to interest charges on any late or unpaid amounts. Per VW, the estimated interest for the last remaining invoice payment for Fiscal Year 2024-25 would be $2,225.04, assuming payment is received by August 22, 2025.

FISCAL IMPACT:

Staff recommends the City Council approve a funding appropriation in the amount of $446,073.32 in the FY 2024-25 Adopted, Amended Operating budget for annual wholesale water purchase from VW for FY 24-25.

Sufficient funding is available in Water Fund balance for this recommended action.

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.

ATTACHMENT(S):
(a) Resolution

Page 40 of 766 ends

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AUTHORIZING AN

INCREASE TO THE APPROPRIATION OF FUNDS FOR THE ANNUAL WHOLESALE

WATER PURCHASE FROM VALLEY WATER

WHEREAS, The City of Milpitas owns, operates, and maintains an extensive network of water system infrastructure (Waster System). The Water System consists of 206 miles of pipeline, four pumping stations, five storage reservoirs and pressure valves regulating seven pressure zones delivering an average of 11 million gallons of drinking water per day to approximately 16,750 customer accounts; and

WHEREAS, the City purchases wholesale drinking water from the San Francisco Public Utilities Commission (SFPUC) and Valley Water (VW). SFPUC water is delivered through the Hetch Hetchy Aqueduct originating in the Sierra Nevada Mountain Range. VW treats raw water from the Sacramento- San Joaquin River Delta, through the State Water and Federal San Felipe Projects; and

WHEREAS, the City drinking water is an aggregate of approximately two-thirds from SFPUC and the remaining one-third from Valley Water; and

WHEREAS, on June 4, 2024, the City Council approved and adopted the Fiscal Year 2024-2025 Operating Budget, which included funding for the City’s projected wholesale water purchase from SFPUC and VW. In developing the preliminary budget, the City based its water purchase projections on the five- year water rate study approved by the City Council on March 21, 2023. This study recommended rate increases sufficient to recover projected costs, including annual escalations in wholesale water prices to account for potential increases from suppliers; and

WHEREAS, during the Fiscal Year 2024-2025 budget process, the City based its projections for the amount of wholesale water purchases from Valley Water on estimates from the adopted rate study.

However, actual water consumption exceeded those estimates, leading to higher-than-expected invoiced amounts. This additional cost for is directly recovered through customer billing; 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 $446,073.32 to cover the full payment due to Valley Water for Fiscal Year 2024-2025.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

Page 41 of 766 ends

2 Resolution No. ____

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Christopher Creech, Acting City Attorney

Page 42 of 766 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive Report on Workforce Housing Rental Assistance and Approve Programmatic Updates, and Approve an Additional Appropriation from the Affordable Housing Community Benefit Fund for Workforce Housing Rental Assistance Program Round Two (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3275; and Sarah Balcha, Senior Administrative Analyst, 408- 586-3268)
Category: Community Development
Meeting Date: 8/12/2025
Recommendation: (1) Receive report and approve Workforce Housing Rental Assistance Program programmatic updates; and
(2) Approve and Authorize City Manager, or designee, to allocate an additional appropriation of $20,000 from the Affordable Housing Community Benefit Fund to FORWARD for the administration of round two of the Workforce Housing Rental Assistance Program.

BACKGROUND:

In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. This included Senate Bill 2 Building Homes and Jobs Act (SB-2), which created a recording fee on real estate documents to increase the supply of affordable homes in California. SB-2 established that 70% of the revenue collected, beginning in calendar year 2019, will go to locally administered affordable housing, otherwise known as the Permanent Local Housing Allocation (PLHA) program.

The California Department of Housing and Community Development (HCD) released the 2022 Notice of Funding Availability (NOFA) on August 17, 2022. The allocation spans five years, 2019-2023. HCD requirements state that applicants must submit a five-year plan for the period of 2019-2023 and cannot apply for more than three years of allocation in one year. On November 1, 2022, the City Council adopted a Resolution authorizing the 2019, 2020, and 2021 funding application and approving a five-year (2019-2023) plan.

In February 2023, the City received its award letter from HCD (Attachment 1). In July 2023, the City received its executed Standard Agreement for PLHA from HCD. The City was approved to designate 5% to program administration. The remaining balance will be split with approximately 20% of the remaining funding allocated to fund the City homeless outreach and assessment services for an additional three fiscal years, and the final 80% for a Workforce Housing Rental Assistance Program (WHRAP). Preliminary information regarding WHRAP was presented to the City Council on November 1, 2022, and April 4, 2023.

On October 3, 2023, City Council approved the creation of WHRAP and allocated $645 in funding to 50 households for 24 months. During the first round of outreach only 22 households were deemed eligible, and staff is requesting a modification to the WHRAP eligibility criteria before re-opening the applications for WHRAP round two which will fund the remaining 28 households.

ANALYSIS:

The WHRAP application period was open from March 27, 2024, until June 7, 2024. Of the 108 applications received, 22 were determined eligible. Staff have developed a detailed explanation of the current WHRAP program and provided some programmatic updates to ensure all funds are expended.

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Current Workforce Housing Rental Assistance Program (WHRAP)

In accordance with the PLHA funding requirements, the current WHRAP program provides a rental subsidy to Milpitas residents and members of the local workforce whose income is at or less than 30% AMI, defined by HCD as extremely low income. WHRAP functions similarly to a Section 8 voucher system as funds are provided directly to the landlord and used to offset a specific amount of rent paid by the tenant, but not the entire rent.

Originally, the program was created to assist the City in addressing unmet housing needs locally by offering the program to individuals who either live and/or work in Milpitas. The program was tiered, as seen below, to give highest priority to Milpitas residents.

1. A household where at least one adult both lives and works in Milpitas.

2. A household where at least one adult lives in Milpitas and does not work in Milpitas.

3. A household where at least one adult works in Milpitas but does not live in Milpitas.

To be eligible for WHRAP, households must have met the following requirements:
• At least one adult must live and/or work in Milpitas
• Household income is 30% AMI or less
• Must be renting
• Tenant in good standing
• Must be an adult aged 18 or over
• Must have lease agreement
• Cannot live in Section 8 housing
• Must occupy the entire unit, no shared living arrangements • At least one adult in the household must be employed in Milpitas (to initially qualify)

Proposed Changes

In October 2023, City Council approved funding 50 households with $645 a month for 24 months. As only 22 households were deemed eligible, funding remains for an additional 28 households. It is important to note state regulations require PLHA rental assistance to be for households at 30% AMI or below and for a period greater than 6 months, so any modifications to the program must still meet the minimum regulations. For reference, the table below provides the 30% area median income limits by household size.

Household Size 1 2 3 4 5 6
30% AMI $42,200 $48,200 $54,250 $60,250 $65,100 $69,900

Staff believe several barriers could explain the difference between the interest in the program and the overall eligibility. Some factors include the restrictive 30% AMI requirements which is a State requirement, and the large amount of media coverage for the program which may have caused an increase in non-Milpitas based households applying for 24 months of rental assistance. Two requirements staff are proposing to change include individuals needing to occupy the entire unit and the requirement of one adult in the household being employed upon qualification.

Per Zillow, the average cost for a one-bedroom rental in Milpitas is $2,923. The United States Department of Housing and Urban Development defines a household rent-burdened when they spend 30% or more of their gross income on housing. For households that spend 50% or more of their gross income on housing, they are considered severely rent-burdened. The table below shows the average rent of varying unit sizes and demonstrates that regardless of size a household at 30% AMI would be severely rent-burdened in Milpitas.

The data demonstrates it would be extremely unlikely for a household with a 30% AMI to afford the average rent in Milpitas. For this reason, staff are recommending eliminating the restriction of households renting an entire unit as many households that fall in the 30% AMI range may be obtaining housing through shared living arrangements.

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Unit Size Average Cost Rent Burdened
Income Range
Severely Rent Burdened
Income Range
1BR $2,923 $116,920 or less $70,152 or less
2BR $3,450 $138,000 or less $82,800 or less
3BR $4,200 $168,000 or less $100,800 or less
Source: https://www.zillow.com/rental-manager/market-trends/milpitas-ca/?bedrooms=0

The second requirement staff recommend eliminating is the requirement of one adult in the household being employed upon qualification. Staff engaged in discussions with HCD about the removal of the workforce requirement, and was informed the City is unable to target and/or prioritize certain populations. The City would need to expand its PLHA rental assistance program to all Milpitas households with an income of 30% AMI or lower. Staff feel this would be extremely beneficial as one of the City’s most vulnerable populations are its low- income seniors. Many households comprised solely of adults aged 50 and older find themselves unable to work and without the means to afford the ever-increasing rent prices of the Bay Area. Housing staff often connect with seniors and use the Office of Housing’s network of resources to find the most affordable housing.

Eliminating the work requirement for Milpitas residents and the requirement to occupy an entire unit allows this population to receive 24 months of relief. To increase the number of potential applicants, staff also recommends allowing households where at least one adult works in Milpitas the opportunity to apply. However, the priority will be given to Milpitas residents.

Round Two

Staff is bringing the proposed changes to City Council due to the unused funds and the PLHA expenditure timeline set by HCD. While the City five-year (2019-2023) plan was approved by City Council and HCD, only 2019, 2020, and 2021 funds have been awarded. This is due to the PLHA program having a cap on jurisdictions being able to apply for a maximum of three years of funding per application. Staff do anticipate submitting a second PLHA application for the 2022 and 2023 funds in late 2025/early 2026. Below is a table of the expenditure deadline for the years the City has already been awarded.

Allocation Years Amount Awarded Expenditure Deadline
Year 1 (2019) $ 238,595 4/30/2024
Year 2 (2020) $ 370,850 4/30/2025
Year 3 (2021) $ 408,109 4/30/2026
Total $1,017,554

Please note tthe City of Milpitas has met the 2019 and 2020 expenditure deadline. Additionally, approximately $200,000 of the 2021 funds have been allocated for homeless outreach. HCD considers the expenditure deadline met if it has been distributed to a third-party administrator even if all the funds have not yet been received by the public. Per staff calculation, there are $113,894.75 of 2020 funds and $194,368.29 of 2021 funds available for round two.

Due to the expenditure deadline, and the WHRAP program being approved, staff is seeking City Council approval of some programmatic changes to spend the funds available for WHRAP round two. Staff recommend continuing with the current third-party administrator, FORWARD, who assists with initial tenant selection, and monthly rental assistance distribution as re-opening the application and beginning to issue the round two funds would be a quick turnaround.

In October 2023, the City Council approved FORWARD as the fiscal administrator with $50,877.70 coming from the PLHA grant as that was the maximum program administration cost allowed by the grant and an additional $28,389.76 coming from the City’s Affordable Housing Community Benefit Fund. FORWARD has confirmed that due to less than 50 households being deemed eligible during round one, there will be $13,309.28 un-invoiced for program administration which would have come out of the City’s Affordable Housing Community Benefit Fund. To reopen WHRAP round two for 24 months of rental assistance,

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FORWARD is requesting $20,000 in program administration fee which staff is proposing coming from the Affordable Housing Community Benefit fund as the 5% PLHA program administration maximum has already been met.

In summary, staff is seeking City Council approval on initiating a round two of WHRAP that amends the current program by removing the requirement of individuals needing to occupy the entire unit and the requirement of one adult in the household being employed upon qualification. This would result in the WHRAP round two requirements which can be seen in the table below.

New Requirements Old Requirements
• At least one adult must live and/or work
in Milpitas, with the priority going first to
those that live in Milpitas (*note: the
ability to prioritize Milpitas residents is
pending confirmation with the State per
the grant requirements. If this is not
allowed by the State, then equal priority
will be given to those living and/or
working in Milpitas)
• Household income is 30% AMI or less
• Must be renting
• Tenant in good standing
• Must be an adult aged 18 or over
• Must have lease agreement
• Cannot live in Section 8 housing

• At least one adult must live and/or work in Milpitas
• Household income is 30% AMI or less
• Must be renting
• Tenant in good standing
• Must be an adult aged 18 or over
• Must have lease agreement
• Cannot live in Section 8 housing
• Must occupy the entire unit, no shared living
arrangements
• At least one adult in the household must be
employed in Milpitas (to initially qualify)

As with the previous program, staff recommend funding households at $645/month for 24 months. All payments will be made directly to the landlords. Staff will continue to work with the City’s Code Enforcement team to ensure that any approved units are free from outstanding code enforcement issues. The available funds allow for an additional 28 households to be a part of the WHRAP program. Staff will open the application period for a set amount of time. If there are more eligible applicants than 28, the City will do a lottery to determine who will be receiving the WHRAP benefit with priority being given to Milpitas residents. If there are less than 28 eligible households, staff recommend increasing the monthly amount by whatever amount would allow all funds to be expended.

FISCAL IMPACT

The City's receipt of the 2019, 2020, and 2021 PLHA grant would be in an amount not to exceed $1,017,554, in accordance with all applicable rules and laws. Any subsequent HCD entitled allocations will be incorporated into the annual budget development or separately for City Council consideration. As WHRAP round one only found 22 eligible households, the program administration reduction will account for an unbilled portion of $13,309.28 which would have come from the City Affordable Housing Community Benefit Fund. Should City Council approve the programmatic changes staff recommends, approve a WHRAP round two, and approve FORWARD as the third-party administrator, there would be a $20,000 cost to the City’s Affordable Housing Community Benefit Fund.

ATTACHMENTS:
(a) PLHA Award Letter

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670, 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov

February 15, 2023

Steven G. McHarris, Interim City manger
City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035

Dear Steven G. McHarris:

RE: Award Announcement – Permanent Local Housing Allocation Program Round 3, Notice of Funding Availability, Fiscal Year 2022/2023 City of Milpitas
Contract No. 22-PLHA-17661

The California Department of Housing and Community Development (Department) is pleased to announce that the City of Milpitas has been awarded a Permanent Local Housing Allocation (PLHA) program award in the amount of $1,017,554. This letter constitutes notice of the designation of PLHA program funds for use in Santa Clara County for the following activities:

• Rental Assistance
• Supportive/Case Management Services

The City of Milpitas will be required to enter into a Standard Agreement that will set forth conditions for funding and milestones that are required to be met. Reimbursement of eligible expenses are subject to the terms outlined in Section 304(d) of the PLHA adopted program guidelines.

Congratulations on your successful application. For further information, please contact Doniell Cummings, PLHA Program Manager, Program Design and Implementation Branch, at (916) 695-9006 or [email protected].

Sincerely,

Jennifer Seeger
Deputy Director
Division of State Financial Assistance

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Authorizing the City Manager to Accept the California Highway Patrol Cannabis Tax Fund Grant Program Award, Approve the Purchase of the Grant-Approved Specialty Vehicle, Enter into the Resultant Grant Agreement and other Ancillary Documents as Needed, and Approve the Related Budget Appropriation (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 8/12/2025
Recommendation: (1) Adopt a resolution authorizing the City Manager, or designee, to accept the California Highway Patrol Cannabis Tax Fund Grant Program Award in the amount of $248,547, (2) Approve the purchase of the grant-approved specialty vehicle, (3) Enter into the resultant grant agreement and other ancillary documents as needed; and (4) Approve the related budget appropriation in the amount of $248,547 to the State Grants Police Department Fund.

BACKGROUND:

With the passage of Proposition 64 in 2016, and in accordance with Revenue and Taxation Code Section 34019, the California Highway Patrol (CHP) established a grant administration program to disburse grant funds to local government agencies and qualified nonprofit organizations for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.

Regulations within Title 13 of the California Code of Regulations, Division 2, Chapter 13 govern the CHP Cannabis Tax Fund Grant Program (CTFGP). The intent of this grant program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the agency’s effectiveness through training and development of new strategies.

On February 20, 2025, the Milpitas Police Department, on behalf of the City of Milpitas, applied for the CHP CTFGP and was subsequently awarded $248,547 in funding on June 24, 2025.

ANALYSIS:

There is no match requirement and/or leveraging of funds required for the CHP CTFGP grant funding. The grant, which will be appropriated to the Police Department’s FY2025-26 operating budget, will fund the following during the grant period:

1. Personnel: Overtime for Enforcement Events .....................................$ 31,232

2. Equipment: Controlled Substance Analyzer ........................................... 36,700

3. Equipment: Specialty Vehicle ................................................................171,750

4. Other Direct Costs: Vehicle Outfitting and In-Field Test Device 8,865 Total ...................................$248,574

The specialty vehicle will allow the Police Department to have a single mobile processing center used for DUI (Driving Under the Influence) checkpoints. The vehicle, a Ford Transit 350 HD Extended cabin van, will be upfitted with all of the equipment necessary to evaluate and process suspected DUI drivers, and includes storage space for traffic control devices necessary to implement a DUI checkpoint. Currently the Police Department uses a trailer that is over 20 years old, lacks modern equipment, and has exceeded its useful life.

The Controlled Substance Analyzer is a handheld device capable of analyzing the chemical composition of

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substances using spectrometry. This allows officers to identify substances through its packaging and replaces existing presumptive test kits that require officers to open packaging risking exposure to potentially dangerous substances such as Fentanyl. The device holds a comprehensive library of more than 12,000 chemicals, narcotics, and other substances allowing officers to identify multiple substances and a mixture of substances based on its chemical composure. This includes all common illegal narcotics and prescription medications commonly encountered during DUI arrests. The funded equipment and enforcement events will enhance public safety by reducing and mitigating the impacts of impaired driving in Milpitas. This grant award will result in ongoing annual vehicle maintenance costs for the specialty vehicle, not covered by the grant funding, which will be subject to annual appropriations.

Pursuant to Section I-4-2.01 of the Milpitas Municipal Code, purchases of materials and equipment over $100,000 must be approved by the City Council. Staff recommends the purchase of the DUI/DUID specialty vehicle as this purchase will be entirely granted funded and substantially improve law enforcement efforts to combat impaired driving in the community for years to come.

Pursuant to Section I-2-3.01 of the Milpitas Municipal Code, purchases under $10,000 do not require competitive procurement. Pursuant to Sections I-2-3.03 and I-2-3.05 of the Milpitas Municipal Code, the City may enter into purchases without further competitive procurement where the purchases leverage agreements or cooperative purchase programs competitively procured by other public entities. The DUI/DUID specialty vehicle would be purchased by leveraging the buying power of the United States Federal Government through competitively procured contracts and pricing from the General Services Administration (GSA), MAS Consolidated Contract #GS-30F-010GA. The Purchasing Agent has reviewed all the documentation for the MAS Consolidated Contract #GS-30F-010GA and has determined the underlying agreement or program was made utilizing competitive negotiation or procurement procedures at least as restrictive as the City’s, and the price quoted is the same as offered in the original contract.

POLICY ALTERNATIVE(S):

Alternative 1: Do not adopt a resolution authorizing the City Manager to accept the CHP CTFGP grant and thus refuse the grant award

Pros: The City would not incur costs for future annual vehicle maintenance for the specialty vehicle purchased with this grant funding.

Cons: The City would not be able to purchase the needed equipment nor be able to fund the additional enforcement activities, which enhance roadway safety in Milpitas.

Reason for Not Recommending: The grant does not require matching funds. In addition, the equipment and enforcement activities funded with the grant will enhance public safety in Milpitas.

BUDGET REFERENCE:

The table below identifies the fund and appropriations accounts to fund the actions recommended in this Agenda Report.

Fund # Function #
Appropriations
Account
FY 2025-26
Adopted,
Amended Budget
Recommendation
Amount
Appropriation
Account Type
State Contributions-
Police $ 0 $ 248,547 Revenue
Overtime for
Enforcement Events $ 0 $ 31,232 Expense
268 - State
Grant Police 722 - Traffic
Equipment, Vehicle +
Outfitting $ 0 $ 217,315 Expense

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FISCAL IMPACT:

The City would receive $248,547 in grant funding, to be applied to the State Grants Police Department Fund.

There is no match requirement or leveraging of funds required. Future vehicle maintenance costs will be subject to the annual appropriation of funds.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action is a fiscal or administrative activity of the City government that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.

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

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Resolution No. ____
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS TO ACCEPT THE

CALIFORNIA HIGHWAY PATROL CANNABIS TAX FUND GRANT PROGRAM AWARD

WHEREAS, With the passage of Proposition 64 in 2016 and in accordance with Revenue and Taxation Code Section 34019, the California Highway Patrol (CHP) established a grant administration program to disburse grant funds to local government agencies and qualified nonprofit organizations for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products; and

WHEREAS, Regulations within Title 13 of the California Code of Regulations, Division 2, Chapter 13 govern the CHP Cannabis Tax Fund Grant Program (CTFGP). The intent of this grant program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the agency’s effectiveness through training and development of new strategies; and

WHEREAS, said procedures established by the California Highway Patrol require the Applicant to certify by resolution the approval of the application to the state; and

WHEREAS, successful applicants will enter into an agreement with the California Highway Patrol (CHP) to complete the grant scope; and

WHEREAS, the City of Milpitas Police Department submitted an application for funding from the CHP Cannabis Tax Fund Grant Program FY2025-26, for the following items:

• Personnel: Overtime for Enforcement Events
• Equipment: Controlled Substance Analyzer
• Equipment: Specialty Vehicle
• Other Direct Costs: Vehicle Outfitting and In-Field Test Device; and WHEREAS, the City of Milpitas Police Department has received notice of approval for grant funding, Attachment A, in the amount of $248,574; and

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

1. The City manager, or designee, is hereby authorized to execute the agreement, and any follow-up amendments with the California Highway Patrol for the FY2025-26 CHP Cannabis Tax Fund Grant Program in an amount of $248,574 for the term of July 1, 2025 through June 30, 2026.

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

AYES:

NOES:

ABSENT:

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Resolution No. ____
ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Christopher Creech, Acting City Attorney

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State of California

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
23409
________________________________________________________________

1. GRANT TITLE
FY25/26 CTFGP Law Enforcement - City of Milpitas Police Department

2. NAME OF ORGANIZATION/AGENCY
City of Milpitas

3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT

4. PROJECT PERFORMANCE PERIOD
From: 07/01/2025 To: 06/30/2026

5. PURCHASE ORDER NUMBER

6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.

The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.

7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $248,547.00

8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.

The parties hereto agree to comply with the Terms and Conditions of the following attachments:
x Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure x Schedule B – Detailed Budget Estimate
x Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.

IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.

9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: 0DWW&DQRRQEHKDOIRI'HDQQD6DQWDQD
Title: $VVLVWDQW&LW\0DQDJHU
Phone: (408) 586-
Address: (&DODYHUDV%OYG
Milpitas, CA 95035
E-Mail: PFDQR#PLOSLWDVJRY
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: M. V. Fojas Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)

10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE

REIMBURSEMENT PAYMENTS
Name: Luz Cofresi-Howe
Title: Director of Finance
Phone: (408) 586-2406
Address: 455 E Calaveras Blvd
Milpitas, CA 95035
Matt Cano
Digitally signed by Matt Cano
Date: 2025.07.01 17:22:12
-07'00' 7/1/2025

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TERMS AND CONDITIONS

Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

A. EXECUTION

1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.

2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insuffici ent funding, the State shall have the option to either: 1) terminate this Grant Agreement; wher eby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.

3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.

4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modifica tion or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.

5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.

B. PROJECT ADMINISTRATION

1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.

2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.

3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.

4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.

Equipment purchased under this Grant Agreement must only be used for approved Project- related purposes, unless otherwise approved by the State in writing.

5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by ca lling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.

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TERMS AND CONDITIONS

C. PROJECT TERMINATION

1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.

a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law.

b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.

2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.

4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.

D. FINANCIAL RECORDS

1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.

E. HOLD HARMLESS

1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.

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TERMS AND CONDITIONS

F. NONDISCRIMINATION

1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment- related leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.)

G. AMERICANS WITH DISABILITIES ACT

1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

H. DRUG-FREE WORKPLACE

1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

i. The dangers of drug abuse in the workplace.

ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace.

iii. Any available counseling, rehabilitation, and employee assistance programs.

iv. Penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the Project will:

i. Receive a copy of the company's drug-free workplace policy statement.

ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.

2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:

a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)

I. LAW ENFORCEMENT AGENCIES

1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.

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TERMS AND CONDITIONS

J. LABOR CODE/WORKERS' COMPENSATION

1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).

K. GRANT APPLICATION INCORPORATION

1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.

L. STATE LOBBYING

1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not prec lude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.

M. REPRESENTATION AND WARRANTIES

1. The Grantee represents and warrants that:

a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.

b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein.

c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax- exempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.

d. All of the information in its Grant Application and all materials submitted are true and accurate.

N. AIR OR WATER POLLUTION VIOLATION

1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

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TERMS AND CONDITIONS

O. GRANTEE NAME CHANGE

1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.

2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.

P. RESOLUTION

1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.

Q. PAYEE DATA RECORD FORM STD. 204

1. This form shall be completed by all non-governmental Grantees.

R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM

1. This form shall be completed by all Grantees.

S. CONFLICT OF INTEREST

1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions r egarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.

2. Current State Employees:

a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.

b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.

3. Former State Employees:

a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency.

b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.

4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with

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participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.

5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grant ee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.

6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.

7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.

8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.

T. EQUIPMENT-USE TERMS

1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.

2. Law Enforcement Projects:

a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.

At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. T he Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.

Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.

b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any ve hicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.

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Schedule A

City of Milpitas

All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.

Project Description
The proposed project will provide necessary equipment and increased enforcement activities to help combat rising DUI/DUID incidents in Milpitas. Enforcement activities will include checkpoints and directed enforcement activities that will increase police presence and enforcement in Milpitas meant to reduce impaired driving injuries and deaths.

Problem Statement & Proposed Solution
The City of Milpitas is located in northern Santa Clara County and is bordered by Interstate 680 to the east, Interstate 880 to the west, and state route 237 running the center of Milpitas and intersecting the two freeways. Milpitas is considered the “Crossroads of Silicon Valley,” and serves as the primary hub that links several jurisdictions in Santa Clara County to Alameda County. Milpitas is the primary commuter connection between Silicon Valley and communities in the Central Valley. Milpitas is 13.63 square miles and home to numerous high-tech companies, and borders San Jose and Santa Clara—homes of the Avaya and Levi stadiums, respectively. As such, while the residential population is 80,273, the daily population and vehicular traffic on weekdays and game/event days increases significantly. Although the Milpitas Police Department’s dedicated Traffic Safety Unit has been reduced in size in recent years due to police officer staffing shortages, the number of calls for service and the number of DUI arrests have increased. In 2022, 2023, and 2024, DUI arrests (alcohol and drug) were 155, 159, and 169, respectively. The number of DUI related (alcohol and drug) traffic collisions for those years were 33, 81, and 67, respectively. Traffic safety remains a top priority for the Milpitas Police Department. Funding through the Cannabis Tax Grant would fund a new breathalyzer, a TacticID-N Plus controlled substance analyzer (note: chemical warfare agents and explosives library will not be included), a DUI/DUID Vehicle (Van), and directed enforcement activities aimed at improving roadway safety in Milpitas by reducing the number of DUI accidents and DUI drivers.

Proposed enforcement activities to be funded by the grant are DUI saturation patrols and a DUI checkpoint.

DUI checkpoints conducted in the City of Milpitas have proven to be quite successful. On average, a checkpoint produces one DUI arrest and several dozen citations for unlicensed or suspended drivers.

However, the success of these checkpoints is not just measured by the number of arrests produced. Each checkpoint averages 1,191 vehicles that pass through, and approximately 466 drivers contacted, creating opportunities to educate the public of the dangers of driving impaired.

Proposed equipment to be funded by the grant is a DUI/DUID Vehicle (Van), breathalyzer, and a TacticID-N Plus controlled substance analyzer. In order to operate a DUI checkpoint, the department utilizes a specialized DUI trailer. This piece of equipment is used for storage of traffic cones, inflatable light towers and other signage for every checkpoint to clearly and safely close down traffic lanes and lawfully indicate to drivers they are about to enter a DUI Checkpoint. The trailer is then used throughout the operation to process any DUI drivers that are arrested. The department’s existing trailer, purchased in 1997, is aging, and the generators are inoperable and in need of replacement; therefore, grant funding is requested for a DUI/DUID Vehicle (Van), to be utilized for the same purpose and to replace the existing trailer. The requested DUI/DUID van is a Ford Transit 350 HD Extended, high roof van with 3.5L EcoBoost engine and will be used for the following: 1) to house PAS devices/other related equipment; 2) provide a space for processing DUI/DUID related paperwork; 3) store necessary equipment for DUI checkpoint set-up, including cones, lighting, and soft signs; and 4) will include built-in scene lighting to illuminate DUI checkpoint activity. Based on prior experience, this large purchase of the van would be a 25+ year investment for the department. The analyzers would be utilized at future checkpoints and while officers conduct DUI Saturation Patrols.

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Schedule A

Performance Measures/Scope of Work
x 12 DUI Saturation Patrols (Q1 = 3, Q2 = 3, Q3 = 3, Q4 = 3) will be conducted aimed at reducing DUI/DUID crashes by 10 percent and increasing DUI/DUID arrests by 10 percent to improve roadway safety in Milpitas.
x 1 DUI Checkpoint (Q3 = 1) will be conducted aim ed at increasing DUI/DUID arrests by 10 percent, which will improve roadway safety in Milpitas by reducing the number of impaired drivers in the community.
x 1 DUI/DUID Vehicle (Van) (Q1 = Purchase, Q2 = Receive, Q3 = Use to complete DUI/DUID Checkpoint) to enhance operational efficiencies at the above DUI/DUID Checkpoint, aimed at increasing DUI/DUID arrests by 10 percent.
x 1 Breathalyzer Device (Q1 = Purchase & Receiv e, Q2-Q4 = Use to complete DUID Saturation Patrols) to utilize during the above DUI saturation patrols and DUI Checkpoints, aimed at reducing DUI/DUID crashes by 10 percent by increasing DUI/DUID arrests by 10 percent. x 1 TacticID-N Plus Controlled Substance Analyz er (Q1 = Purchase & Receive, Q2-Q4 = Use to complete DUID Saturation Patrols) to identify unknown controlled substances collected during the above DUI saturation patrols and DUI Checkpoints, aimed at reducing DUI/DUID crashes by 10 percent by increasing DUI/DUID arrests by 10 percent.

Project Performance Evaluation
Data collection, monitoring of grant activities, and project performance evaluation will be conducted quarterly utilizing data from the Department's records management system (RMS). The data will be collected and sorted, allowing Department staff to analyze trends and patterns of events to concentrate resources on highly affected areas. The information collected will be shared with internal and external stakeholders, such as City staff and neighboring police agencies, via the Department's website, transparency portal, and/or social media accounts, as appropriate and in accordance with relevant laws and regulations.

Program Sustainability
The project aims to reduce DUI/DUID crashes and related incidents to improve roadway safety in Milpitas.

The quantitative analysis conducted throughout the grant performance period will provide the City and stakeholders with the information needed to determine additional funding and/or future ongoing funding sources, to reduce reliance on grant funding.

Positive results in reducing DUI/DUID incidents in Milpitas will serve as justification for future ongoing operational budget requests, which the department can request thought the City’s budget process annually.

As mentioned earlier in the problem statement, our DUI checkpoint trailer was purchased by MPD in 1997. The trailer has surpassed its useful life; several key components of the trailer, such as the generators, are no longer operable and would not be cost effective to repair. If awarded funding for the requested DUI/DUID Vehicle (Van), MPD would burden the cost for any reoccurring future maintenance and outfitting the van with all required equipment needed to effectively manage DUI checkpoints. MPD would maintain the van on our premises and anticipates the van would be utilized for the next twenty-five years.

Administrative Support
The department has adequate staff to complete the grant activities within the grant period. The department’s Traffic Safety Sergeant will coordinate, monitor, and assess grant activities; track checkpoint and saturation patrol data/statistics; and track the deployment of the grant funded equipment during the grant period.

The department’s Traffic Safety Sergeant and/or Command Staff will communicate results of grant activities to internal and external stakeholders, as needed. In addition, the Traffic Safety Sergeant will submit quarterly reports to CHP, to fulfill grant reporting requirements.

The department’s Business Manager will submit quarterly grant claims and assist with the purchase of grant funded equipment.

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Schedule B

Detailed Budget Estimate

Award Number Organization/Agency Total Amount
23409 City of Milpitas $248,547.00

Cost Category Line Item Name Total Cost to Grant

Other Direct Costs
DUI/DUID Vehicle (Van) - Outfitting $8,300.00
PAS Device $565.00
Category Sub-Total $8,865.00
Personnel
DUI Checkpoint $17,984.00
DUI Saturation Patrol $13,248.00
Category Sub-Total $31,232.00
Equipment
TacticID-N Plus Controlled Substance
Analyzer $36,700.00
DUI/DUID Vehicle (Van) $171,750.00
Category Sub-Total $208,450.00

Grant Total $248,547.00

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Schedule B-1
Budget Narrative

City of Milpitas

Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

Other Direct Costs

DUI/DUID Vehicle (Van) - Outfitting
$8,300.00

DUI/DUID Vehicle (Van) - Outfitting = $8,300.00 total. Itemized below:
$2,098 for Perimeter leds (windshield, grill, fenders, rear); $141 for speaker; $1,050 for siren control system; $1,396 for low pro scene lighting (side-rear); and $3,615 for partial installation cost. Department will absorb installation cost that exceeds this amount.

Note: $600 reallocated from previously submitted unallowable cost for vehicle licensing fees to DUI/DUID Vehicle (Van) - Outfitting due to higher cost of installation than grant requested amount.

PAS Device
$565.00
One (1) PAS device (brand: Intoximeters) will be purchased to utilize during DUI saturation patrols and DUI checkpoint = $565.

Personnel

DUI Checkpoint
$17,984.00

One (1) DUI Checkpoint = $17,984. This enforcement activity will occur one time in the grant period. The pay rates listed below are overtime rates and include benefits (benefit rate: 1.45%). o 1 Police Sergeant at $176/hour for 10 hours of overtime each = $1,760 o 2 Police Sergeants at $176/hour for 8 hours of overtime each = $2,816 o 2 Police Officers at $138/hour for 10 hours of overtime each = $2,760 o 6 Police Officers at $138/hour fo r 8 hours of overtime each = $6,624 o 2 Police Officers at $138/hour fo r 3 hours of overtime each = $828 o 1 Dispatcher at $103/hour for 4 hours of overtime = $412 o 4 Communit y Service Officers at $87/hour for 8 hours of overtime each = $2,784

DUI Saturation Patrol
$13,248.00

This enforcement activity will occur twelve (12) times in the grant period (3 occurrences per quarter). One (1) Police Officer at $138/hour for 8 hours of overtime for each occurrence = $13,248. The pay rate listed above is the overtime rate and includes benefits (benefit rate: 1.45%).

Equipment

DUI/DUID Vehicle (Van)
$171,750.00

One (1) DUI/DUID Vehicle (Van) will be purchased to enhance operational efficiencies at the DUI Checkpoint = 171, 750. The requested DUI/DUID Vehicle (Van) is a Ford Tr ansit 350 HD Extended, high roof van with 3.5L EcoBoost engine and will be used for the following: 1) to house PAS devices/other related equipment; 2) provide a space for processing DUI/DUID related paperwork; 3) to store necessary equipment for DUI checkpoint set-up including cones, lighting, and soft signs; and 4) will include built-in scene lighting to illuminate DUI checkpoint activity.

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Schedule B-1
Budget Narrative

City of Milpitas

TacticID-N Plus Controlled Substance Analyzer
$36,700.00

One (1) TacticID-N Plus Controlled Substance Analyzer will be purchased to identify unknown controlled substances collected during the grant enforcement activities DUI saturation patrols and DUI Checkpoint = $36,700 (note: chemical warfare agents and explosives library will not be included).

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager to Execute an Improvement Agreement between the City of Milpitas and Mission Peak Homes, Inc. for a Residential Project at 470-500 Wool Drive (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: 8/12/2025
Recommendation:

Approve and authorize the City Manager, or designee, to execute an Improvement Agreement between the City of Milpitas and Mission Peak Homes, Inc. for a residential project at 470-500 Wool Drive.

BACKGROUND:

Consistent with Title X, Chapter 1, Section 8 of the Milpitas Municipal Code, Mission Peak Homes, Inc. (“Developer”) requests that in lieu of depositing the cost of constructing the improvements required by the terms and conditions of its development approvals that it be permitted to enter into an Improvement Agreement to construct those improvements at Developer’s cost during the course of construction of four single-family residences on individual 0.2-acre lots in the R2 District Zone (One and Two-Family Residential) located at 470, 480, 490, and 500 Wool Drive (“Project”).

On April 4, 1969, “Tract No. 4549,” known as the “Victoria Park” subdivision, was filed for recordation in the Office of the Recorder of Santa Clara County, which comprise these four lots designated as Lots 177-180. The Planning Commission approved Use Permit No. 245 on January 9, 1973, for the Church of Christ to develop these four lots into religious place of assembly with associated site improvements, including surface parking.

The Church of Christ owned and operated the site until December 2021, when all four lots were purchased by the Developer. Ordinarily, the joint use of these four parcels coupled with shared ownership and structures that straddle property lines would have required the merger of these parcels.

The California Legislature in 1983 amended the Subdivision Map Act repealing the provisions that might otherwise allow for the merger of contiguous parcels held by a single owner. (E.g., former Gov. Code, § 66424.2.) and created a new procedure for the merger of parcels that it declared to be “the sole and exclusive authority for local agency-initiated merger of contiguous parcels.” (Gov. Code, § 66451.10(b).) Moreover, the Legislature declared that unless a notice of merger was recorded on the property before January 1, 1984, all parcels would be deemed not to have merged unless certain criteria were met. (Gov. Code, § 66451.30.) On January 18, 2024, the City issued a notice of determination that the criteria set by Government Code section 66451.30 were met and that therefore these parcels were deemed not to have merged, thereby facilitating the development of these parcels individually, consistent with the original subdivision approval.

On January 25, 2024, the Zoning Administrator approved four Site Development Permits P-SD23-0006, -07, - 08, and -09 to allow the development of this Project. As a condition for that approval, the Developer is required to construct certain public improvements.

The Developer now requests to be permitted to enter into an Improvement Agreement with the City to construct the improvements required by their conditions of approval throughout the course of Project construction.

ANALYSIS:

The Developer has agreed to enter into an Improvement Agreement with the City for the construction of off-site public improvements associated with the Project, which will be completed concurrently with the on-site work.

The public improvements will be accepted by the City after completion of construction. Off-site public improvements to be constructed include concrete driveway approaches, curb and gutter and sidewalk; half-

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road width asphalt micro-surfacing along the frontage of Wool Drive; 3 feet wide of 2-inch thick asphalt concrete grind and overlay along Wool and Kennedy Drives; landscaping and irrigation, new domestic water and sewer lateral services, and new street trees. The improvements will be completed within one year from the date of the Improvement Agreement, and the work is guaranteed by bonds or similar securities to be posted by the Developer in the amount of $820,500.

The City Engineer has reviewed the public improvement plans (2-1468) and is recommending the City Council approve the Improvement Agreement to allow for the construction of public improvements after approval.

POLICY ALTERNATIVE(S):

Alternative: Deny approval of Improvement Agreement.

Pros: None

Cons: The denial of approval of the Improvement Agreement will cause the parcels to remain vacant and undeveloped.

Reason for Not Recommending: Staff recommends approval of Improvement Agreement to allow the Development to move forward.

FISCAL IMPACT:

The Developer reimbursed the City for costs associated with plan review, permitting and construction inspection of off-site public improvements to be constructed by the Developer. The City will have perpetual ownership and maintenance responsibilities of the improvements following construction and acceptance after the one-year warranty period of the Project.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

On January 25, 2024, the Zoning Administrator found the Project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (New construction or conversion of small structures), Section 15332 (In-Fill Development Projects) and, as a separate and independent basis, Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

ATTACHMENT(S):
(a) Improvement Agreement

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution to Authorize the City Manager to Negotiate and Execute a Purchase and Sale Agreement with Santa Clara Valley Water District for Property Acquisition for South Milpitas Boulevard Road Extension, Project No. 2016 (Staff Contact: Christian Di Renzo, Public Works, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 8/12/2025
Recommendation: Adopt a resolution to authorize the City Manager to (1) Negotiate and execute the Purchase and Sale Agreement with Santa Clara Valley Water District for the acquisition of approximately 18,920 square foot of Assessor’s Parcel Number 086-37- 018 in the amount of $270,000, (2) Negotiate and grant a Watershed Easement Agreement on said Purchase and Easement Agreement on 1841 Tarob Court to Santa Clara Valley Water District, (3) Negotiate and accept Easement Agreement from Anton Milpitas, LLC (1828 South Milpitas Boulevard) and The Harlowe, LLC (1821 South Milpitas Boulevard); and (4) Find that the purchase is in conformance with the Milpitas General Plan for South Milpitas Boulevard Road Extension, CIP No. 2016.

BACKGROUND:

In June 2008, the City Council adopted the Transit Area Specific Plan (TASP) to support the Milpitas Transit Center, including Bay Area Rapid Transit and Valley Transportation Authority light rail and bus services. In February 2023, the City Council adopted the Milpitas Metro Specific Plan (MMSP), an update to the TASP, to further the transit-oriented development of this area. The TASP/MMSP was developed to accommodate substantial new development, minimize traffic impacts on local roadways, and reduce urban sprawl which transformed the industrial area into a high-density mixed-use, transit-oriented district.

To support the anticipated increasing growth of residents and workforce within the district, the TASP/MMSP developed a Basic Infrastructure Program (BIP) to meet the infrastructure needs of the area, including related to community, park, transportation, and utility facilities, and associated land acquisition. To ensure new development in the TASP pays its fair share of public improvement costs, the City enacted the Transit Area Development Impact Fee (TADIF) in 2008.

As part of these needed infrastructure improvements, South Milpitas Boulevard (SMB) was identified to extend through the Innovation Subdistrict from Montague Expressway and connect to the Sango Court road extension in the Tango Subdistrict. The SMB Project is listed in the BIP as item DB#9. A portion of the extension was completed up to E. Penitencia Channel (Creek) by the BART/VTA Project and Anton Multi-Family Residential Development (730/750 Capital Expressway) project. In September 2020, the City Council approved the purchase of 1831-1841 Tarob Ct. to accommodate the planned Metro Tango Park and the remaining portion of SMB extension.

The South Milpitas Boulevard Road Extension, Project No. 2016 (SMB Project), is included in the adopted FY 2026-2030 Capital Improvement Program and provides for the design and construction of the remaining portion of the road extension between the Creek and Sango Court road extension including the bridge crossing over the Creek. The estimated cost of SMB Project is $15.7 million; $12.7 million will be funded by TADIF, with the remainder anticipated to be funded by a $3.0 million federal earmark selected through the Community Project Funding/Congressionally Directed Spending bill in March 2022 (Federal Earmark).

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The City is required to purchase a portion of Assessor’s Parcel Number 086-37-018 from and provide various easements to the Santa Clara Valley Water District (Valley Water) for the bridge crossing over the Creek (Attachment A). At the March 18, 2025 City Council Closed Session, staff presented and discussed the purchase of the property from Valley Water to the City Council and was directed to return with a final price and terms of the agreement at a future City Council meeting.

ANALYSIS:

The SMB Project is a critical transportation infrastructure improvement that will provide direct pedestrian and bicycle access from nearby commercial areas, neighborhoods, parks, schools, and transit centers to the planned Metro Tango Park and residential developments in the Tango District. The road will also function as an emergency vehicle access route, further enhancing the safety of the community.

The City is required to purchase approximately 18,920 square foot of Assessor’s Parcel Number 086-37-018 (Subject Property), which comprises 3.82 acres, from Valley Water for the bridge crossing over the Creek. This parcel is designated as permanent open space and functions as a flood control channel. As a condition of the purchase and sale agreement (Attachment C), the City will be responsible for all maintenance associated with bridge and access ramp improvements, including any retaining walls, gate, fences, or other structures, and the removal of non-native species, debris, and vegetation within the channel; and will grant Valley Water a Watershed Easement (Attachment E) for water management and storm water drainage purposes.

The existing maintenance roads must be realigned partially onto adjacent private properties due to location of the bridge abutments. Along the northernly road, the private property owners, Anton Milpitas, LLC (1828 S. Milpitas Blvd.) and The Harlowe, LLC (1821 S. Milpitas Blvd), have agreed to enter into an easement agreement with City and Valley Water for ingress and egress over and across a designated area, pending negotiation of the final terms of the agreement. Similarly, the City will enter into an easement agreement with Valley Water over and across a designated area on City-owned property (1841 Tarob Court) for the ingress and egress of the southernly maintenance road (Attachment F).

On July 24, 2025, the City presented Valley Water with a statutory offer of $19,000 to purchase the Subject Property with a Watershed Easement reservation. Valley Water disagreed with the valuation method used by the City appraiser that their land should be nominally valued based on the land’s current zoning designation of “open space.” They believe the property should be valued on comparable land sales of adjacent multi-family residential development based on “Across the Fence Methodology.” Valley Water understands the Subject Property corridor generally cannot be developed independently for any marketable purpose, but the “Across the Fence Methodology” values the corridor land as a component of the land through which it passes. Valley Water’s Real Estate Services researched comparable multi-family land sales and found sales ranging between $100 to $150 per square foot for fee simple, which would equate to approximately $1,900,000 to $2,850,000 for the Subject Property.

The City maintains its position the Subject Property corridor should be considered “open space” as determined by the City’s appraiser and the “Across the Fence Methodology” method raised by Valley Water is hypothetical and speculative. Valley Water acknowledged a community benefit and the City pursuit of the Federal Earmark is critical to building the SMB Project. In the spirit of good stewardship, they proposed the sale of the Subject Property on a cost-share approach based on the lower value. The City and Valley Water have agreed in principle on a purchase price of $270,000.

There are certain terms of the purchase and sale agreement and easement agreements yet to be finalized between the City, Valley Water, and/or private owners and require additional time to resolve. Staff requests City Council to authorize the City Manager to negotiate and execute the purchase and sale agreement with Valley Water and easement agreements with Valley Water, Anton Milpitas, LLC and The Harlowe, LLC to meet Caltrans’ right-of-way certification approval deadline of August 30, 2025.

Specific Plans
The TASP/MMSP provided policies for circulation, mobility, and transportation to guide street development to establish connectivity between neighborhoods, parks, schools, trails, and transit centers. The framework of the street system consisting of public roadways are illustrated in Figure 3-2 of the TASP. However, the MMSP

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redefined the portion of SMB from the Creek to the Sango Court road extension to be a route for bicyclist and pedestrian with emergency vehicle access and restrict it from through traffic per policy SD-4.1 and as illustrated in Figure 4-6.

SMB is identified to extend through the Innovation Subdistrict from Montague Expressway and connect to the Sango Court road extension in the Tango Subdistrict to relieve the congestion at Montague/Great Mall Parkway intersection, provide access to the BART station, and provide direct connection between the Tango subdistrict neighborhoods and transit centers. A portion of the extension was completed up to the Creek by the BART/VTA project and Anton Multi-Family Residential Development (730/750 Capital Expressway) project. In September 2020, the City Council approved the purchase of 1831-1841 Tarob Ct. to build the planned Metro Tango Park and the remaining portion of SMB extension. The City is nearing completion of the construction plans and now needs to acquire the Subject Property for the bridge crossing over the Creek to connect to Sango Court road extension.

Section 3.3 (Transportation) of the Environmental Impact Report (EIR) prepared for the TASP included a detailed traffic impact analysis of the existing conditions and transportation-related impacts based on traffic modeling of the overall street network of the Land Use Plan (Figure 3-1) and Street System diagram (Figure 3- 2). The road extensions of SMB and Sango Court were specifically analyzed in Table 3.3-10 (Project Intersection Levels of Service), Figure 3.3-12 (Trip Assignment), and Figure 3.3-13 (Peak-hour Volumes). The EIR also addresses other aspects of circulation in the TASP area including pedestrian and bike routes (Figure

3.3-15).

Section 3.7 (Transportation) of the Subsequent Environmental Impact Report (SEIR) prepared for the MMSP addressed the plan changes of policy 3.15, 3.28, and 3.29 in the TASP. Under section 3.7.3.3 – Impact TR-1, the MMSP provides site access and enhanced connectivity between existing streets in the Tango subdistrict and would not be reflected in the countywide Travel Demand Model as they are only local access and have no substantial change.

Legislative Body Delegation
Pursuant to Government Code section 65402, prior to acquiring land for a public purpose, the City must first determine that the acquisition is consistent with the pertinent portions of the City’s General Plan. This determination has not been delegated by ordinance, and so pursuant to Government Code section 65100, the City Council must make this determination.

Staff recommends the City Council find that the property acquisition is in conformance with the General Plan Action LU-2a, LU-3c, LU-4a, CIR-1f, CIR-1g, CIR-1h, CIR-1k, CIR-4a, CIR-4i, CIR-4w, CIR-7e, CIR-7f, PROS- 1g, PROS-1h, and UCS-2j and aligns with the implementation of the TASP/MMSP. The acquisition and development of this bridge has long been a critical component of the TASP/MMSP and will directly connect redeveloping properties with trails, parkland, and transportation resources in fulfillment of General Plan objectives in this area.

Surplus Land Act:

The Surplus Land Act (Act) requires a local agency to prioritize affordable housing, parks, and open space when disposal of surplus land. Valley Water has determined the transferring of the Subject Property in simple fee to the City is exempt from the Act pursuant California Government Code Section 54221(F)(1)(D) and is responsible to obtaining approval from Department of Housing and Community Development.

Subdivision Map Act
Pursuant sections 66426.5 and 66428(a)(2) of the Subdivision Map Act, the preparation of the parcel map is not required for the division of land in computing the number of parcels as long as the conveyance of land is to or from a public entity (to the City from Valley Water) including for right-of-way purposes. For this purpose, the conveyance of land shall be a fee interest and can be granted by a deed (Attachment D).

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Right of Way Clearance
First American Title Insurance Company prepared a preliminary title report for the Subject Property and the title is a fee simple estate vested by Santa Clara Valley Water District. There are no liens recorded against the estate. There is an Pacific Gas & Electric easement for a Gas Transmission Line covering approximately 600 square feet of the northwest corner of the purchase area which will not be affected by the new improvements.

All other easements identified in the report were not found to be within the acquisition area. In addition, as part of the requirements of the Federal Earmark, Caltrans and Federal Highway Administration must certify the SMB Project has obtained all the necessary property rights including, but not limited to, title, easements, and permits prior to the start of construction. These approvals are anticipated to be completed by the end of the month.

Environmental Clearance
As part of the National Environmental Policy Acy (NEPA) process, an Archaeological Survey was required and four 10’ deep soil bores were inspected on the Subject Property for evidence of any archeological findings. The soil samples from this survey were analyzed for hazardous materials that included asbestos; polychlorinated biphenyl; priority pollutant metals; semi-volatile organic compounds; total petroleum hydrocarbon as diesel and volatile organic compounds. Based on various test methods established by the EPA, the soil contaminant concentrations were either non-detected or below the regulatory limits. Therefore, the soils of the Subject Property are not considered hazardous or pose significant toxic liability.

California Relocation Assistance Law
The Relocation Assistance Act Policy for Real Estate Acquisitions and Leases applies to situations where persons or businesses are required to vacate occupancy of property as a result of lease or acquisition. Section 7260 et seq. of the California Government Code (California Relocation Assistance Law) requires that all public entities adopt rules and regulations to administer relocation assistance and to implement the payments under the provision of the Code. The Parcel is designated as permanent open space and functions as a flood control channel, and there are no persons or businesses occupying the Subject Property.

POLICY ALTERNATIVE(S):

Alternative 1: Do not authorize the City Manager to negotiate and execute the Purchase and Sale Agreement with Santa Clara Valley Water District for Subject Property; negotiate and grant a Watershed Easement Agreement on said Purchase and Easement Agreement on 1841 Tarob Court to Santa Clara Valley Water District; and negotiate and accept Easement Agreement from Anton Milpitas, LLC (1828 South Milpitas Boulevard) and The Harlowe, LLC (1821 South Milpitas Boulevard).

Pros: None.

Cons: To secure the Federal Earmark by the obligation deadline of September 30, 2025, Caltrans must provide right-of-way certification by August 30, 2025. Staff needs adequate time to process the administration of documents while finalizing agreements. Not authorizing to negotiate the terms of the agreements during this time will jeopardize meeting Caltrans’ deadline to certify the right-of-way and require bringing the finalized agreements at a later City Council meeting after the deadline.

Reason for not recommending: Timely approval of all agreements is critical for completing the transaction and securing right-of-way certification from Caltrans. As the deadline fast approaches, any delays will disrupt the sequence of processing documentation and jeopardize securing the Federal Earmark. Not securing the Federal Earmark may require staff to reevaluate the design to ensure the construction will not exceed the approved project budget of $12.3 million.

Alternative 2: Do not find that the said purchase is in conformance with Milpitas General Plan.

Pros: None.

Cons: Not making this finding would delay the property purchase.

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Reason for not recommending: Time is of the essence. To secure the Federal Earmark by the obligation deadline of September 30, 2025, City Council will need to authorize the purchase of the Subject Property and make a finding that said purchase is in conformance with Milpitas General Plan at this meeting. Timely approval of all agreements is critical for completing the transaction and securing right-of-way certification from Caltrans. As the deadline fast approaches, any delays will disrupt the sequence of processing documentation and jeopardize securing the Federal Earmark. Not securing the Federal Earmark may require staff to reevaluate the design to ensure the construction will not exceed the approved project budget of $12.3 million.

FISCAL IMPACT:

As of July 31, 2025, the available funding in South Milpitas Boulevard Road Extension, CIP No. 2016, is $8,983,632, which is funded by TADIF. There is sufficient funding available to execute the Purchase and Sale Agreement with Santa Clara Valley Water District for the acquisition of approximately 18,920 square foot of Assessor’s Parcel Number 086-37-018 in the amount of $270,000.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The City of Milpitas, as the Lead Agency, prepared an Initial Study/Mitigated Negative Declaration (IS/MND), Mitigation Monitoring and Reporting Program (MMRP), and the Notice of Determination for the SMB Project pursuant to the California Environmental Quality Act (CEQA) requirement. On May 21, 2024, the City Council adopted the IS/MND in its entirety for the SMB Project.

There are no substantial changes to the project, the project's circumstances, or new information that could not have been known at the time of the City's prior environmental determination and/or any changes or circumstances do not present new significant environmental effects or a substantial increase in the severity of previously identified significant environmental effects requiring further environmental study and review. The City's prior environmental determinations adequately support the City's current action, and as such, no further CEQA review is required pursuant to Pub. Res. Code § 21166 and CEQA Guidelines § 15162(a).

As part of the Federal Earmark requirements, extensive environment studies were conducted in accordance with NEPA guidelines. Caltrans certified it has carried out the responsibility to make the determination pursuant to 23 USC 326 and the Memorandum of Understanding dated April 18, 2022, executed between FHWA and Caltrans. Caltrans has determined that the project qualifies for a Categorical exclusion under 23 CFR 771.117(c).

ATTACHMENT(S):
(a) Location Map
(b) Resolution
(c) Purchase and Sale Agreement
(d) Grant Deed
(e) Watershed Easement Agreement
(f) Tarob Court Easement Agreement

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XXXXXXX XXXXXXX
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S. MILPITAS BLVDVINEYARD AVENUE

PENITENCIAEAST CHANNEL
S. MILPITAS BLVDPENITENCIA EAST CHANNEL
6/20/2025PQMEMDEMD CALIFORNIAJANUARY 26, 1954
OFRevisionsTYCI

INCORPORATED
ITASLMIPRecord Drawings20166/20/20256/20/2025CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456 6/20/2025SOUTH MILPITAS BOULEVARD ROAD EXTENSION101% SUBMITTAL / NOT FOR CONSTRUCTIONFINE GRADING AND LAYOUT PLAN (BRIDGE & ACCESS ROADS)C-007 GRAPHIC SCALE0'20'10'5'10'0'0'0'0'CONSTRUCTION NOTES
SCALE:FINE GRADING AND LAYOUT PLAN1" = 10' 1" = 20'

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RESOLUTION NO. ______

RESOLUTION TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND

EXECUTE THE PURCHASE AND SALE AGREEMENT WITH SANTA CLARA VALLEY WATER DISTRICT FOR THE ACQUISITION OF APPROXIMATELY 18,920 SQUARE FOOT OF ASSESSOR’S PARCEL NUMBER 086-37-018 IN THE AMOUNT OF $270,000; TO NEGOTIATE AND GRANT A WATERSHED EASEMENT AGREEMENT ON SAID PURCHASE AND EASEMENT AGREEMENT ON 1841 TAROB COURT TO SANTA CLARA VALLEY WATER DISTRICT; AND TO

NEGOTIATE AND ACCEPT EASEMENT AGREEMENT FROM ANTON MILPITAS, LLC (1828 SOUTH MILPITAS BOULEVARD) AND THE HARLOWE, LLC (1821 SOUTH MILPITAS BOULEVARD); AND DELEGATE LEGAL AUTHORITY TO CITY

COUNCIL TO AUTHORIZE THE PURCHASE OF THE SUBJECT PROPERTY AND

FIND THAT THE SAID PURCHASE IS IN CONFORMANCE WITH MILPITAS

GENERAL PLAN FOR SOUTH MILPITAS BOULEVARD ROAD EXTENSION, CIP NO. 2016.

WHEREAS, Section I-2-12.01 of the Milpitas Municipal Code exempts the purchase or lease of real property from the procedures set forth in the Purchasing Ordinance (Chapter 2 of Title I) and authorizes the City Council to otherwise proceed in accordance with law; and

WHEREAS, pursuant to Government Code Section 37350 the City of Milpitas (the "City") has full authority to purchase real property for the common benefit; and

WHEREAS, the City adopted the Transit Area Specific Plan (TASP) in June 2008 and Metro Milpitas Specific Plan (MMSP), an update to TASP, in February 2023 to support the Milpitas Transit Center including Bay Area Rapid Transit service as well as existing Valley Transportation Authority light rail and bus services. The TASP/MMSP was developed to accommodate substantial new development, minimize traffic impacts on local roadways, and reduce urban sprawl which transformed the industrial area into a high-density mixed-use, transit-oriented district; and

WHEREAS, on September 1, 2020, the City Council adopted Resolution No. 9000, authorizing the City Manager to execute a Purchase and Sale Agreement to acquire certain real property and interests in real property at 1831-1841 Tarob Court, a 2.48-acre site with a vacant 40,474 square foot industrial building, to accommodate extensions of South Milpitas Boulevard, Sango Court and Tarob Court, and Metro Tango Park; and

WHEREAS, the City desires to purchase approximately 18,920 square foot of Assessor’s Parcel Number 086-37-018 (subject property), which comprises of 3.82 acres, from Santa Clara Valley Water District (Valley Water) to construct a bridge and roadway improvements across the E. Penitencia Channel (Creek) for the extension South Milpitas BoulvardBoulevard; and

WHEREAS, the subject property is bounded by multi-family residential buildings owned by Anton Milpitas, LLC (1828 South Milpitas BoulvardBoulevard.) and The Harlowe, LLC (1821 South Milpitas BoulvardBoulevard) to the north, and City owned property 1831-1841 Tarob Court which is designed for the planned Metro Tango Park. The subject property is within the TASP/MMSP with a land use designation of Permanent Open Space which serves as a flood control channel; and

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2 Resolution No. ____

WHEREAS, the proposed property acquisition is in conformance with Policy Action LU-2a, LU- 3c, LU-4a, CIR-1f, CIR-1g, CIR-1h, CIR-1k, CIR-4a, CIR-4i, CIR-4w, CIR-7e, CIR-7f, PROS-1g, PROS- 1h, and UCS-2j of the Milpitas General Plan 2040 in that purchase of the property will further allow for development of the Tango Subdistrict, as shown on the MMSP, into attractive, high density, urban neighborhoods with a mix of land uses around the Milpitas Transit Center. Purchase of the property will also allow for the creation of pedestrian connections so that residents, visitors, and workers can walk, bike, and take transit. The extension of South Milpitas Boulevard and Sango Court are designed to create a lively and attractive street character and a distinctive character for the Tango Subdistrict; and

WHEREAS, public improvements and services are needed to serve the TASP/MMSP area's existing and future residents and workers, including community, parks, transportation, and utility facilities, and associated land acquisition. Transit Area Development Impact Fee Program (TADIF) financing ensures that the TASP/MMSP is fiscally responsible with fees paid by development occurring exclusively within the area and is applied to construction of said infrastructure, and such funds are available for the purchase of this property; and

WHEREAS, the proposed property acquisition is required to extend South Milpitas Boulevard, as well as extend Sango Court to connect to Tarob Court as envisioned in the TASP/MMSP, andMMSP and is included in the Basic Infrastructure Program (BIP) as listed as DB#9. The property acquisition cost has been programmed into the adopted TADIF, paid for entirely by private development occurring within the TASP/MMSP. The TADIF is a development impact fee adopted by the City of Milpitas pursuant to the provisions of Government Code Section 66000 (the Mitigation Fee Act) and per the Milpitas Municipal Code, Title VIII, Section 4.2.01; and

WHEREAS, the City prepared and certified a programmatic Environmental Impact Report (EIR) in conjunction with adoption of the TASP and Subsequent Environmental Impact Report (SEIR) in conjunction with adoption of the MMSP and in accordance with the requirements oftheof the California Environmental Quality Act (CEQA). The purchase of the subject property is consistent with the adopted TASP EIR and MMSP SEIR and subsequent development will implement the vision, goals, and policies of the TASP and MMSP, as more particularly set forth in the Agenda Report; and

WHEREAS, the TASP/MMSP identified the extension of South Milpitas Boulevard (SMB) through the Innovation Subdistrict from Montague Expressway and connect to the Sango Court road extension in the Tango Subdistrict as a critical infrastructure project to support circulation, emergency access, and connectivity in the plan area. In compliance with the BIP program, portion of the SMB extension was completed up to E. Penitencia Channel (Creek) by the BART/VTA Project and Anton Multi- Family Residential Development (730/750 Capital Expressway) project. The City is near completion of construction plans and now needs to acquire the subject property for the bridge crossing over the Creek to connect to Sango Court road extension, as identified in TASP/MMSP and BIP; and

WHEREAS, the South Milpitas Boulevard Road Extension, Project No. 2016 (SMB Project) is included in the adopted FY 2026–2030 Capital Improvement Program and provides for the design and construction of the remaining portion of the road extension between the Creek and Sango Court road extension including the bridge crossing over the Creek and purchase of the subject property. The estimated SMB Project cost is $15.7 million; $12.7 million will be funded by TADIF, with the remainder anticipated to be funded by a $3.0 million federal earmark selected through the Community Project Funding/Congressionally Directed Spending bill in March 2022 (Federal Earmark); and

WHEREAS, the City, as the Lead Agency, prepared an Initial Study/Mitigated Negative Declaration (IS/MND), Mitigation Monitoring and Reporting Program (MMRP), and the Notice of Determination for the SMB Project pursuant to the California Environmental Quality Act (CEQA)

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3 Resolution No. ____

requirement. On May 21, 2024, the City Council adopted the IS/MND in its entirety for the SMB Project; and

WHEREAS, On March 18, 2025, during City Council Closed Session, staff presented and discussed the purchase of the subject property from Valley Water to the City Council and was directed to return with a final price and terms of the agreement at a future City Council meeting; and

WHEREAS, On July 24, 2025, the City presented Valley Water with a statutory offer of $19,000 to purchase the subject property. Valley Water disagreed with the valuation method used by City’s appraiser that their land should be nominally valued based on the land’s current zoning designation of “Permanent Open Space.” Valley Water believes the subject property should be valued on comparable land sales of adjacent multifamily residential developments based on “Across the Fence Methodology”; and

WHEREAS, the City and Valley Water have agreed to enter into a Purchase and Sale Agreement for the negotiated purchase price of $270,000 of the subject property and the City will be responsible for maintenance of the bridge and access ramp improvements, including any retaining walls, gate, fences, or other structures, and the removal of non-native species, debris, and vegetation within the Creek. The City will grant Valley Water an Watershed Easement for water management and storm water drainage purposes; and

WHEREAS, the existing maintenance roads will be realigned partially onto the private properties due to bridge abutments location. Along the northernly road, the private property owners, Anton Milpitas, LLC (1828 South Milpitas BoulvardBoulevard.) and The Harlowe, LLC (1821 South Milpitas BoulvardBoulevard), have agreed to enter into an easement agreement to allow vehicular ingress and egress over and across that designated area to the City and Valley Water, pending final terms of the agreement.

Similarly, the City will enter into an easement agreement with Valley Water over and across a designated area on City-owned property (1841 Tarob Court) for the ingress and egress of southernly maintenance road; and

WHEREAS, implementation of the proposed Purchase and Sale Agreement and purchase of the subject property will benefit the public by enabling further implementation of the TASP/MMSP land use and circulation plans for this area. Purchase of the subject property will provide precise locations for street extensions of South Milpitas Boulevard; and

WHEREAS, the proposed Purchase and Sale Agreement in the Agenda Report includes the legal description of the property and property interests to be acquired as Exhibit A to the Purchase and Sale Agreement, and a map depicting the area to be acquired which shows the general location and extent of the property to be acquired is contained in the Agenda Report; and

WHEREAS, Government Code Section 65100 requires the legislative body, by ordinance, assign the functions of the planning agency to carry out purposes such as land acquisitions. The Milpitas Municipal Code does not explicitly delegate the responsibility. Therefore, it is reasonable to assume that the responsibility remains with the City Council as the legislative body and hence the City Council can approve the purchase of the land acquisition of the subject property; and

WHEREAS, Government Code Section 65402(a) requires a finding of General Plan conformance prior to acquiring land for a public purpose. The City Council is the decision-making authority responsible for making this determination pursuant to Government Code Section 65100 as this authority has not been delegated by ordinance by a Planning Agency, but the Milpitas Municipal Code does not explicitly delegate responsibility to the Planning Commission to make findings under section 65402(a). Therefore, it is

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4 Resolution No. ____

reasonable to assume that the responsibility remains with the City Council as the legislative body, and hence the City Council can make the findings of General Plan conformance; and

WHEREAS, the Surplus Land Act (“Act”) requires a local agency to prioritize affordable housing, parks, and open space when disposal of surplus land. Valley Water has determined that the transfer of the subject property in simple fee to the City is exempt from the Surplus Land Act pursuant to Government Code Section 54221(F)(1)(D) and is responsible to obtaining approval from Department of Housing and Community Development; and

WHEREAS, pursuant of section 66426(.5) and 66428(a)(2) of the Subdivision Map Act, the preparation of the parcel map is not required for the this division of land as the transfer is among public entities and for right-of-way purposesin computing the number of parcels as long as the conveyance of land is to or from a public entity (to the City from Valley Water) for the rights-of-way of public utility (City Water and South Bay Recycle Water facilities). For this purpose, tThe conveyance of land shall be in fee interest and granted by a deed; and

WHEREAS, a preliminary title report for the subject property and the title is a fee simple estate vested by Santa Clara Valley Water District. There are no liens recorded against the estate and there is an PG&E easement for Gas Transmission Line covering approximately 600 square feet of the northwest corner of the purchase area which will not be affected by the new improvements. All other easements identified in the report were not found to be within acquisition area; and

WHEREAS, the soil samples of the archaeological survey were analysis analyzed for hazardous materials on the subject property. Testing methods established by United States Environmental Protection Agency confirmed that soil contaminant concentrations were either non detected or below the regulatory limits. Therefore, the soil of the subject property is not considered hazardous or poses no significant toxic liability; and

WHEREAS, the Relocation Assistance Act Policy for Real Estate Acquisitions and Leases applies to situations where persons or businesses are required to vacate occupancy of property as a result of lease or acquisition. Section 7260 et seq. of the California Government Code (California Relocation Assistance Law) requires that all public entities adopt rules and regulations to administer relocation assistance and to implement the payments under the provision of the Code. Since tThe Parcel is designated as “Permanent Open Space” and functions as a flood control channel, and there are no persons or businesses occupying the subject property; and

WHEREAS, as part of the Federal Earmark requirements, extensive environment studies were conducted in accordance with National Environmental Policy Act (NEPA) guidelines. Caltrans certified that it has carried out the responsibility to make the determination pursuant to 23 USC 326 and the Memorandum of Understanding dated April 18, 2022, executed between Federal Highway Administration and Caltrans. Caltrans has determined that the project qualifies a Categorical exclusion under 23 CFR 771.117(c); and

WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR and IS/MND has been certified, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines section 15162 require additional environmental review; and

WHEREAS, staff evaluated the purchase in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166 and State CEQA Guidelines section 15162; and

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5 Resolution No. ____

WHEREAS, based on that evaluation, staff concluded there are no substantial changes to the project, the project's circumstances, or new information that could not have been known at the time of the City's prior environmental determination and/or any changes or circumstances do not present new significant environmental effects or a substantial increase in the severity of previously identified significant environmental effects requiring further environmental study and review. The City's prior environmental determinations adequately support the City's current action, and as such, no further CEQA review is required pursuant to Pub. Res. Code § 21166 and CEQA Guidelines § 15162(a).

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. Compliance with CEQA. The City Council has reviewed and considered the EIR and IS/MND and the record and finds that those documents, taken together, contain a complete and accurate reporting of all of the environmental impacts associated with the purchase.

3. Findings Regarding Environmental Impacts. Based on the substantial evidence set forth in the record. including but not limited to the EIR and IS/MND, the Council finds that, based on the whole record before it, none of the conditions under State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred because the purchase:

a. will not result in substantial changes that would require major revisions of the EIR and IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and

b. will not result in substantial changes with respect to the circumstances under which the purchase is developed that would require major revisions of the EIR and IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and

c. does not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the EIR and IS/MND documents were certified or adopted, as applicable, showing any of the following:
(i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt.

Further, based on the substantial evidence set forth in the record, including but not limited to the EIR and IS/MND the Council finds that the applicable mitigation measures identified in the EIR and IS/MND have been incorporated into a specific mitigation monitoring program for the purchase

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6 Resolution No. ____

and would ensure that any potential environmental impacts would be reduced to less than significant levels.

4. Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at Milpitas City Hall, 455 East Calaveras Street, Milpitas, CA. The custodian for these records is the Milpitas Planning Director. This information is provided in compliance with Public Resources Code section 21081.6.

5. 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.

6. The City Council finds that the Purchase Purchase of the subject property and its use as contemplated is in conformance with the Milpitas General Plan, including Policy Actions LU-2a, LU-3c, LU-4a, CIR-1f, CIR-1g, CIR-1h, CIR-1k, CIR-4a, CIR-4i, CIR-4w, CIR-7e, CIR-7f, PROS-1g, PROS-1h, and UCS-2j of the Milpitas General Plan 2040.

7. The City Council hereby authorizes the City Manager to negotiate and, execute, and accept the Purchase and Sale Agreement with Santa Clara Valley Water District for the acquisition of approximately 18,920 square foot of Assessor’s Parcel Number 086-37-018 in the amount of $270,000.

8. The City Council hereby authorizes the City Manager to negotiate, execute, and grant a Watershed Easement Agreement on said Purchase and Easement Agreement on 1841 Tarob Court to Santa Clara Valley Water District.

9. The City Council hereby authorizes the City Manager to negotiate, execute and accept Easement Agreements from Anton Milpitas, LLC (1828 South Milpitas Boulevard) and The Harlowe, LLC (1821 South Milpitas Boulevard).

9.10. The City Council hereby authorizes the City Manager to take such other action as is necessary to finalize the acquisition of the property and all rights necessary to complete this transaction and obtain legal right to construct the Project.

10. Delegate legal authority to city council to authorize the purchase of the subject property.

PASSED AND ADOPTED this 12th day of August 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

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7 Resolution No. ____

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Christopher Creech, Acting City Attorney

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PURCHASE AND SALE AGREEMENT

BETWEEN

THE CITY OF MILPITAS AND

SANTA CLARA VALLEY WATER DISTRICT

Project:

Real Estate File No.:

South Milpitas Boulevard Road Project

4049-17 & 4049-6.1
THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is made and entered into by and between the City of Milpitas, a municipal corporation (the “City”), and Santa Clara Valley Water District, a California special district (“Valley Water”) effective the date fully executed (“Effective Date”). The City and Valley Water are collectively referred to as “Parties” and individually as “Party”.

RECITALS

WHEREAS, Valley Water is the owner of that certain real property located in the City of Milpitas, County of Santa Clara, State of California, more particularly described in the legal description attached hereto as Exhibit A (the "Property") and incorporated herein; and

WHEREAS, the City requires the Property to construct its project to extend S. Milpitas Boulevard and construct a bridgeway on and across the Property; and

WHEREAS, Valley Water desires to sell the Property to the City with a reservation of a water management and storm water drainage easement and the City desires to purchase the Property from Valley Water subject to terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions hereinafter set forth the Parties agree as follows:

1. PURCHASE AND SALE

Subject to the provisions of this Agreement, Valley Water shall sell and convey to the City and the City shall purchase and take from Valley Water all of Valley Water’s right, title and interest in and to the Property, except that certain reserved water management and storm water drainage easement described in Exhibit C (the “Watershed Easement Agreement”).

Both Valley Water and the City recognize the expense, time, effort, and risk to both parties in determining the compensation for the Property by eminent domain litigation. The compensations set forth herein for the Property is in compromise and settlement, in lieu of initiating such litigation.

2. DELIVERY OF DOCUMENT

Valley Water shall convey to City its interests in the Property by Grant Deed (Deed Document No. 4049-17) in the form attached hereto as Exhibit B (the “Grant Deed”).

The City shall then reciprocally convey to Valley Water the aforementioned water management and storm water drainage easement by the Watershed Easement Agreement in the form attached hereto as Exhibit C.

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Real Estate File No.: 4049-17

3. PURCHASE PRICE

The City shall pay Valley Water the sum of $270,000.00 for the Property (the “Purchase Price”) when title thereto vests in the City at Closing. Subject to the provisions of this Agreement, Valley Water shall convey title to City free and clear of all liens, encumbrances, taxes, assessments and leases except:

A. Covenants, conditions, restrictions, easements, and reservations of record, or contained in the Watershed Easement Agreement.

B. Easements or rights of way over said land for public or quasi public utility or public street purposes, if any.

C. All exceptions described in the preliminary title report issued by Escrow Holder.

By its execution of this Agreement, Valley Water accepts the Purchase Price as full and fair compensation for the Property.

4. PRORATION OF TAXES

In the event that City acquires fee title under the terms of this Agreement, taxes shall be prorated in accordance with the California Revenue and Taxation Code Section 5086 as of the date of recordation of the Grant Deed.

City shall have the authority to deduct and pay from the amount shown in clause 3, above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes together with penalties and interest thereon, and/or delinquent and unpaid nondelinquent assessments which have become a lien at the Close of Escrow.

5. PAYMENT OF MORTGAGE OR DEED OF TRUST

Any and all moneys due under this Agreement shall, upon demand, be made payable to the beneficiary or mortgagee entitled thereto under any trust deed or mortgage upon the Property up to and including the total amount of any unpaid indebtedness secured by such trust deed or mortgage.

6. LEASE WARRANTY

Valley Water warrants that there are no oral or written leases on all or any portion of the Property exceeding a period of one month, and Valley Water further agrees to hold City harmless and reimburse City for any and all losses and expenses occasioned to City by reason of any tenancy of the Property held by any tenant of Valley Water for any period exceeding one month.

7. POSSESSION

Valley Water shall have the right to retain possession of the Property up to and including the date of recording of the Grant Deed upon compliance by Valley Water with the conditions of this Agreement.

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Real Estate File No.: 4049-17

8. PERMISSION TO ENTER

As of the date of this Agreement, while Valley Water remains in possession of the Property, Valley Water grants to the City, including its employees, officials, agents and contractors, permission to enter upon the Property for the purpose of inspection and study and/or for the purpose of preparation for and construction of the Milpitas Boulevard Extension Project pursuant to the Valley Water Encroachment Permit, dated on or around the Effective Date.

Notwithstanding any other provisions in this agreement, the right of possession and use of the Property by the City, including the right to remove and dispose of improvements, shall commence when City deposits the Purchase Price with the Escrow Holder, and the Purchase Price includes, but is not limited to, full payment for such possession and use from said date.

To the fullest extent permitted by law, the City shall indemnify and hold Valley Water free and harmless from third party claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, arising out of any negligent acts or willful misconduct of the City, its officials, officers, employees, contractors, consultants or agents in connection with the negligent performance of the City’s entry or use of the Property under this Agreement prior to the Close of Escrow.

9. ESCROW; CONDITIONS TO CLOSING

The purchase and sale of the Property (the “Closing” or “Close of Escrow”) shall be handled through an escrow with First American Title Company, 333 W. Santa Clara Street, San Jose, CA 95113 (the "Escrow Holder"). Unless Valley Water and the City both agree in writing to an extension, Close of Escrow will occur on or before ninety (90) calendar days from the Effective Date. No later than thirty (30) calendar days from the Effective Date (i) the City shall deposit the Purchase Price with Escrow Holder and (ii) Valley Water shall deposit the executed Grant Deed, notarized for recording in the official records of Santa Clara County, California. The Parties shall provide Escrow Holder with their separate instructions for the Closing consistent with the terms of this Agreement. The Parties shall deliver any such additional documents and instruments as Escrow Holder may reasonably require for Close of Escrow.

In addition to all other conditions to the completion of the transaction described in this Agreement, the Parties agree that the Closing is subject to satisfaction, approval or waiver by Valley Water of the following conditions: (i) the City and Valley Water shall have executed and deposited with Escrow Holder the Watershed Easement Agreement in the form attached hereto as Exhibit C; (ii) the City and Valley Water shall have executed and deposited with Escrow Holder the Easement Agreement (1841 Tarob Ct.) in the form attached hereto as Exhibit D (“Tarob Ct. Easement”); (iii) Anton Milpitas, LLC and Valley Water shall have executed and deposited with Escrow Holder the Easement Agreement (750 E. Capitol Ave.) in the form attached hereto as Exhibit E (“750 E. Capitol Ave.

Easement”); and (iv) The Harlowe LLC and Valley Water shall have executed and deposited with Escrow Holder the Easement Agreement (730 E. Capitol Ave.) in the form attached hereto as Exhibit E (“730 E. Capitol Ave. Easement”).

At the Close of Escrow, Escrow Holder shall (i) cause the Grant Deed, the Watershed Easement Agreement, the Tarob Ct. Easement, the 750 E. Capitol Ave. Easement, and the

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Real Estate File No.: 4049-17

730 E. Capitol Ave. Easement to be recorded in the Official Records of Santa Clara County, California, and (ii) deliver the Purchase Price to Valley Water.

City shall pay all costs of escrow and recording fees incurred in this transaction including documentary stamp tax, if required by law, and title insurance policy expenses if applicable.

10. SOLE REMEDY FOR FAILURE TO CONVEY

In the event that Valley Water’s Grant Deed shall, for any reason, be insufficient to convey fee title to the Property in condition acceptable to City on or before the Closing, City shall have the right to terminate this Agreement, but shall have no other right of action against Valley Water and shall not be entitled to recover any damages from Valley Water, and all Parties hereby shall return to status quo ante. The Close of Escrow shall constitute City’s waiver of its right to terminate this Agreement pursuant to this Section 10 or other right of action against Valley Water in regards to failure to convey fee title or other condition of title.

11. AS-IS, ENVIRONMENTAL MATTERS/RELEASE

Except as otherwise set forth in this agreement, City acknowledges and agrees that it is purchasing the Property on an “as-is” basis solely in reliance on: (i) City’s inspection of the Property; (ii) City’s independent verification of the truth of any documents delivered by Valley Water to City; (iii) City’s independent verification of the truth of any statements made by Valley Water to City concerning the Property and its development; (iv) City’s due diligence review and inspection of the Property, and (v) the opinions and advice concerning the Property and its further development of consultants engaged by City.

City acknowledges that it will undertake a complete and thorough inspection and study of the Property, as City deems necessary and appropriate. Valley Water makes no representations or warranties of any kind whatsoever, express or implied, regarding the Property or the legal or physical condition thereof, including without limitation any zoning regulations or other governmental requirements, the existence of "Hazardous Materials" (as defined in Exhibit F) or other site conditions, or any other matters affecting the use, value or condition of the Property. To the extent that Valley Water has provided to City information or reports regarding the Property, Valley Water makes no representations or warranties with respect to the accuracy or completeness thereof.

12. WAIVER

The City, for itself, its legal representatives and assigns, releases Valley Water, its officers, agents or employees from any and all claims, response costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines charges, penalties and expenses (collectively, "Claims") that City had, now has, or claims to have from the existence of “Hazardous Materials” (as defined in Exhibit F) on the Property before the Effective Date.

City acknowledges that it has read and understood the following statutory language of Civil Code Section 1542:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of

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Real Estate File No.: 4049-17

executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Having been so apprised, to the fullest extent permitted by law, City, elects to assume all risk for claims heretofore or hereafter, known or unknown, arising from the subject of this release. The provision of this Section shall survive the Close of Escrow.

13. NON-DISCRIMINATION

The parties to this Agreement shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964.

This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 164, 49 C.F.R Part 21, and 28 C.F.R. Section 50.3.

Further, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this Agreement.

14. GOVERNING LAW

This Agreement shall be construed and interpreted according to the laws of the State of California, excluding its conflict of law principles. Proper venue for legal actions will be exclusively vested in a state court in the County of Santa Clara. The parties agree that subject matter and personal jurisdiction are proper in state court in the County of Santa Clara and waive all venue objections.

15. ENTIRE AGREEMENT

This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Valley Water and the City relating to the subject matter hereof. No subsequent agreement, representation, or promise made by either Party hereto, or by or to any employee, officer, agent or representative of either Party shall be of any effect unless it is in writing and executed by the Party to be bound thereby.

The terms of this Agreement shall not be modified or amended except by an instrument in writing executed by each of the Parties hereto.

16. EXHIBITS

All exhibits and addenda referred to herein are by such reference incorporated herein and shall be deemed a part of this Agreement as if set forth fully herein. The exhibits attached to this Agreement are:

Exhibit A Property Legal Description
Exhibit B Grant Deed
Exhibit C Watershed Easement Agreement
Exhibit D Tarob Ct. Easement
Exhibit E 750 E. Capitol Ave. Easement
Exhibit F 730 E. Capitol Ave. Easement
Exhibit G Hazardous Materials

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SIGNATURE PAGE FOR RIGHT OF WAY PURCHASE AGREEMENT

BETWEEN THE CITY OF MILPITAS

AND SANTA CLARA VALLEY WATER DISTRICT

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY OF MILPITAS
Approved By:

Ned Thomas, City Manager

Date

Approved As To Form:

Christopher Creech, Acting City Attorney

Approved:

Luz Cofresí-Howe
Finance Director/Risk Manager

Approved As To Content:

Christian Di Renzo,
Public Works Director
Santa Clara Valley Water District

Melanie Richardson, P.E.

Interim Chief Executive Officer

Date

Approved As To Form:

E. Ray Ruiz
Assistant District Counsel

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Exhibit G
Hazardous Materials

For the purpose of this Agreement, "Hazardous Materials" shall mean any and all: (a) substances, products, by-products, waste, or other materials of any nature or kind whatsoever which is or becomes listed, regulated or addressed under any Environmental Laws; (b) materials, substances, products, by-products, waste, or other materials of any nature or kind whatsoever whose presence in and of itself or in combination with other materials, substances, products, by- products, or waste may give rise to liability under any Environmental Law or any statutory or common law theory based on negligence, trespass, intentional tort, nuisance, strict or absolute liability or under any reported decisions of any state or federal court; and, (c) substances, products, by-products, wastes or other materials which may be hazardous or harmful to the air, water, soil, environment or affect industrial hygiene, occupational, health, safety and/or general welfare conditions, including without li mitigation, petroleum and/or asbestos materials, products, by-products, or waste.

For the purposes of this Agreement, "Environmental Laws" shall mean and include all federal, state, and local laws, statutes, ordinances, regulations, resolutions, decrees, and/or rules now or hereinafter in effect, as may be amended from time to time, and all implementing regulations, directives, orders, guidelines, and federal or state court decisions, interpreting, relating to, regulating or imposing liability (including, but not limited to, response, removal, remediation and damage costs) or standards of conduct or performance relating to industrial hygiene, occupational, health, and/or safety conditions, environmental conditions, or exposure to, contamination by, or clean-up of, any and all Hazardous Materials, including without limitation, all federal or state superlien or environmental clean-up.

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RECORD WITHOUT FEE UNDER CALIFORNIA
GOVERNMENT CODE SECTION 6103

AFTER RECORDING RETURN TO:

REAL ESTATE SERVICES UNIT

SANTA CLARA VALLEY WATER DISTRICT
5750 ALMADEN EXPRESSWAY
SAN JOSE, CALIFORNIA 95118

SPACE ABOVE THIS LINE FOR RECORDER’S USE

APN: 086-37-018 (portion of)

DOCUMENT NO.: 4049-6.1

GRANT DEED

FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SANTA CLARA VALLEY WATER DISTRICT, a Special District, created by the California Legislature, hereinafter “Grantor,” does hereby grant the City of Milpitas, a municipal corporation, hereinafter “Grantee”, all that real property in the City of Milpitas, County of Santa Clara, State of California, described on Exhibit “A” and shown on Exhibit “A1”, both of which are attached hereto (the “Real Property”).

Dated this day of , 20

SANTA CLARA VALLEY WATER

DISTRICT

By: _______________________________
Chief Executive Officer

Attest: Michele L. King

By: ___________________________________
Clerk/Board of Directors

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DOCUMENT NO.: 4049-6.1

ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE §1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF SANTA CLARA

On this ____ day of_______________, in the year 20__, before me______________________,

Notary Public, personally appeared ________________________________________________ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_________________________________
Notary Public in and for said County and State

CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document.

Individual Trustee(s)

Corporate Officer(s): Guardian/Conservator

Partner(s) Limited General Other:

Attorney-In-Fact

Signer is Representing (Name of Person(s) or Entity (ies)

____________________________________ _________________________________

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RECORDING REQUESTED BY:

AND WHEN RECORDED MAIL
TO:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, CA 95035-5479
Attn: City Clerk

THE AREA ABOVE IS RESERVED FOR RECORDER’S USE
APN: 086-37-018 (portion of)

No recording fee pursuant to Government Code Section 27383 and 6103 No Documentary Transfer Tax, pursuant to Revenue & Taxation Code Section 11922

Document No.

WATERSHED EASEMENT AGREEMENT

THIS GRANT OF EASEMENT AGREEMENT (“Agreement”) is made and entered into as of ______________, 2025, by and between the City of Milpitas a municipal Corporation (“Grantor”), and Santa Clara Valley Water District, a Special District, created by the California Legislature (“Grantee”). The City and Valley Water are collectively referred to as “Parties” and individually as “Party”.

RECITALS
A. Grantor is the owner of real property situated in the City of Milpitas, County of Santa Clara, State of California, as more particularly described on Exhibit A and depicted on Exhibit B, attached hereto and incorporated by reference herein (the “Easement Area”).

B. Grantee desires an easement for water management and/or stormwater drainage purposes in, upon, over, and across the Easement Area.

COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee covenant and agree as follows:

1. Grant of Easement. Grantor hereby grants to Grantee a perpetual, non- exclusive easement for water management and stormwater drainage purposes on, over, under, and across the Easement Area. Subject to the terms and conditions of this Agreement. Grantee, its officers, agents and employees, and persons under control with it

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shall have the right whenever and wherever to enter upon the described property with personnel and equipment to construct, reconstruct, inspect, maintain, and repair a channel, protection works, and appurtenant structures, together with the right to trim or remove trees or vegetation within the easement area that may constitute a hazard to persons or property or may interfere with the use of the easement for the purposes granted. It also shall include the right to enter upon the property with vehicles, tools, or other methods necessary for the transport of earth, rock, sand, and gravel for construction, maintenance, and/or repair of for the protection of the channel, and appurtenant structures by Grantee, its officers, agents, and employees, and any persons under Grantee’s contract and their employees whenever and wherever necessary for flood risk reduction and storm drainage purposes.

2. Prohibited Activities. Any activity on or use of the Easement Area inconsistent with the purposes of this Agreement or the law is prohibited.

3. Right of Access. In exercising its rights hereunder, Grantee shall not unreasonably interfere with the business or operations of Grantor, and Grantee shall exercise reasonable care in its entry on and use of the Easement Area, and shall be liable for, and shall pay to repair or replace, any damage or destruction of the Easement Area caused by its sole negligence or intentional misconduct.

4. Permanent Structures. Buildings, fences, pavement, or trees may not be installed within the Easement Area unless prior written approval is obtained from the other Party. Parties will not grade, construct, install, or remove any above-ground or underground improvements within the Easement Area without written permission from the other Party. To the extent that a Party’s improvement does not interfere with the other Party’s rights and use of the Easement Area provided under this Easement Agreement, permission will not be unreasonably withheld. Grantor will not be required to obtain permission from Grantee for road maintenance, such as resurfacing or restriping, or other maintenance required for normal operation of the bridge and road.

5. Maintenance of Facilities and Improvements. The Grantor is constructing certain improvements as part of the Milpitas Boulevard Extension Project ramps and slopes depicted on Exhibit B to facilitate ingress and egress from the roadway to an existing Valley Water access road running bilaterally adjacent to the creek channel (“Access Improvements”). Grantor, its successors and assigns shall maintain the Access Improvements and maintain the servient property in the condition required to realize the rights and benefits granted to Grantee and described in this Agreement. If Grantee constructs or has constructed improvements on, over, under and across the Easement Area, Grantee shall at its sole cost and expense, maintain and keep such improvements in good order and conditions and will not hinder or block Grantor’s access to and across the bridge or other use of its property.

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6. Reservation of Rights. Grantor reserves the right to grant easements over the Easement Area, provided those grants do not interfere with the rights granted to Grantee herein and easement grantees will be subject to restrictions and covenants provided herein.

7. Indemnification. Grantee shall indemnify, defend, and hold harmless Grantor, its City Council, Council members, officers, employees, agents, representatives, and invitees, from and against any action, cause of action, suit, expense, demand, loss, damage, claim, cost, judgment, injury or liability whatsoever, including reasonable attorney’s fees (collectively, “Liability”), relating to or resulting from Grantee’s improvement of the Easement Area, Grantee’s access to and ingress and egress on the Easement Area, and all Grantee’s construction, maintenance, and repair activities in the Easement Area. Notwithstanding the foregoing, Grantee shall not be required to indemnify any such parties from Liability caused by the negligence or intentional misconduct of Grantor, its City Council, Council members, employees, agents, representatives, and invitees.

8. Recordation. Upon full execution, this Agreement shall be recorded in the Official Records of Santa Clara County, State of California.

9. Non-Discrimination. The parties to this Agreement shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 164, 49 C.F.R Part 21, and 28 C.F.R.

Section 50.3. Further, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this Agreement.

10. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of California, without regard to principles of conflicts of law.

11. Counterparts. This Agreement may be executed on one of more counterpart versions, which, when taken together shall constitute one original version of the Agreement. Photocopies of this Agreement or of execution signatures on this Agreement, or copies made by comparable means (including copies made by facsimile), shall be equivalent to originals.

12. Amendment. No amendment, supplement or modification of this Agreement shall be binding unless executed in writing by the parties and recorded in the Official Records of Santa Clara County.

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13. Warrant of Authority. Each person warrants and guarantees that s/he is legally authorized to execute this Agreement on behalf of the designated entity and that such execution shall bind the designated entity to the terms of this Agreement.

14. Successors. This Agreement will inure to the benefit of and be binding on the successors and assigns of both parties.

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IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the date first above written.

GRANTOR:

City of Milpitas,
a Municipal Corporation

By:

Name: ______________________________
Title: _______________________________

GRANTEE:

Santa Clara Valley Water District,
a Special District

By:

Name: ______________________________
Title: _______________________________

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NOTARY ACKNOWLEDGEMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)
COUNTY OF _____________ )
On ___________________, 2022, before me, _____________________, Notary Public, personally appeared ___________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

(Seal)

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CITY OF MILPITAS

CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in real property conveyed by the Agreement to which this Certificate of Acceptance is attached,
from: CITY OF MILPITAS, a municipal corporation (“Grantor”) to: SANTA CLARA VALLEY WATER DISTRICT, a special district (“Grantee”)
is accepted by the undersigned office on behalf of Grantee pursuant to authority granted by Grantee’s governing board, and Grantee hereby consents to recordation of said Grant of Easement.

Dated: ______________________ SANTA CLARA VALLEY WATER DISTRICT, a special district
By: __________________________________________
Name: ________________________________________
Title: _________________________________________

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NOTARY ACKNOWLEDGEMENT

STATE OF CALIFORNIA )
)
COUNTY OF _____________ )
On ___________________, 2025, before me, _____________________, Notary Public, personally appeared ___________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

(Seal)

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EXHIBIT A
Description of Easement Area

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EXHIBIT B
Depiction of Easement Area

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RECORDING REQUESTED BY:

AND WHEN RECORDED MAIL
TO:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, CA 95035-5479
Attn: City Clerk

THE AREA ABOVE IS RESERVED FOR RECORDER’S USE
APN: 086-36-030 No recording fee pursuant to Government Code Section 27383 and 6103 No Documentary Transfer Tax, pursuant to Revenue & Taxation Code Section 11922

Document No.

EASEMENT AGREEMENT
1841 TAROB CT
THIS GRANT OF EASEMENT AGREEMENT (“Agreement”) is made and entered into as of ______________, 2025, by and between the City of Milpitas a municipal Corporation (“Grantor”), and Santa Clara Valley Water District, a Special District, created by the California Legislature (“Grantee”). The City and Valley Water are collectively referred to as “Parties” and individually as “Party”.

RECITALS
A. Grantor is the owner of real property situated in the City of Milpitas, County of Santa Clara, State of California, as more particularly described on Exhibit A and Exhibit B and depicted on Exhibit A-1 and Exhibit B-1, attached hereto and incorporated by reference herein (the “Easement Area”).

B. Grantee desires an easement for water management and/or stormwater drainage purposes in, upon, over, and across the Easement Area.

COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee covenant and agree as follows:

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personnel and equipment to construct, reconstruct, inspect, maintain, and repair a channel, protection works, and appurtenant structures, together with the right to trim or remove trees or vegetation within the easement area that may constitute a hazard to persons or property or may interfere with the use of the easement for the purposes granted. It also shall include the right to enter upon the property with vehicles, tools, or other methods necessary for the transport of earth, rock, sand, and gravel for construction, maintenance, and/or repair of for the protection of the channel, and appurtenant structures by Grantee, its officers, agents, and employees, and any persons under Grantee’s contract and their employees whenever and wherever necessary for flood risk reduction and storm drainage purposes.

2. Prohibited Activities. Any activity on or use of the Easement Area inconsistent with the purposes of this Agreement or the law is prohibited.

5. Maintenance of Facilities and Improvements. Grantor shall, at its sole cost and expense, maintain and keep any improvements or facilities it constructs within the Easement Area in good order and condition. In particular, the Grantor is constructing certain improvements as part of the Milpitas Boulevard Extension Project, including the ramps and slopes depicted on Exhibit B (“Access Improvements”). Grantor, its successors and assigns shall maintain the Access Improvements and maintain the servient property in the condition required to realize the rights and benefits granted to Grantee and described in this Agreement. If Grantor intends to transfer fee ownership of the servient property after execution and recordation of this Easement Agreement, Grantor agrees to grant Grantee a perpetual, non-exclusive easement for water management and stormwater drainage purposes on, over, under, and across the area adjacent to this Easement Area as depicted on Exhibit B.

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If Grantee constructs or has constructed improvements on, over, under and across the Easement Area, Grantee shall at its sole cost and expense, maintain and keep such improvements in good order and conditions and will not hinder or block Grantor’s access to and across the bridge or other use of its property.

7. Restrictions on Development and Use. The property situated at 1841 Tarob Court (“Burdened Property”) is subject to a Covenant and Environmental Restriction on Property, for the benefit of the California Regional Water Quality Control Board (“Water Board”) filed for record on November 2, 2020 in the Office of the Recorder, Santa Clara County (“Environmental Restriction”). Notwithstanding anything to the contrary contained in this Agreement, Grantee’s use of the Burdened Property shall be limited to use as roadway right-of-way, unless authorized in writing by the Water Board as provided in the Environmental Restriction. All of Grantee’s use and development of the Burdened Property shall be in compliance with the terms of the Environmental Restriction, including, as identified therein, the Risk Management Plan for 1841 Tarob Court dated April 10, 2020.

8. Indemnification. Grantee shall indemnify, defend, and hold harmless Grantor, its City Council, Council members, officers, employees, agents, representatives, and invitees, from and against any action, cause of action, suit, expense, demand, loss, damage, claim, cost, judgment, injury or liability whatsoever, including reasonable attorney’s fees (collectively, “Liability”), relating to or resulting from Grantee’s use of the Access Improvements, improvement of the Easement Area, Grantee’s access to and ingress and egress on the Easement Area, and all Grantee’s construction, maintenance, and repair activities in the Easement Area. Notwithstanding the foregoing, Grantee shall not be required to indemnify any such parties from Liability caused by the negligence or intentional misconduct of Grantor, its City Council, Council members, employees, agents, representatives, and invitees.

9. Recordation. Upon full execution, this Agreement shall be recorded in the Official Records of Santa Clara County, State of California.

10. Non-Discrimination. The parties to this Agreement shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 164, 49 C.F.R Part 21, and 28 C.F.R.

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11. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of California, without regard to principles of conflicts of law.

12. Counterparts. This Agreement may be executed on one of more counterpart versions, which, when taken together shall constitute one original version of the Agreement. Photocopies of this Agreement or of execution signatures on this Agreement, or copies made by comparable means (including copies made by facsimile), shall be equivalent to originals.

13. Amendment. No amendment, supplement or modification of this Agreement shall be binding unless executed in writing by the parties and recorded in the Official Records of Santa Clara County.

14. Warrant of Authority. Each person warrants and guarantees that s/he is legally authorized to execute this Agreement on behalf of the designated entity and that such execution shall bind the designated entity to the terms of this Agreement.

15. Successors. This Agreement will inure to the benefit of and be binding on the successors and assigns of both parties.

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IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the date first above written.

GRANTOR:

City of Milpitas,
a Municipal Corporation

By:

Name: ______________________________
Title: _______________________________

GRANTEE:

Santa Clara Valley Water District,
a Special District

By:

Name: ______________________________
Title: _______________________________

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NOTARY ACKNOWLEDGEMENT

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

(Seal)

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CITY OF MILPITAS

CERTIFICATE OF ACCEPTANCE

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Milpitas City CouncilAugust 12, 2025

Milpitas City Council
August 12, 2025