Milpitas City Council
September 2, 2025

Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions in courts of competent jurisdiction in this state.

3. Irrelevant and unduly repetitious evidence shall be excluded.

G. Appeal of Decision by City Manager. The decision of the City Manager may be appealed to the Council in conformance with the provisions of Milpitas Municipal Code Section I-20-5 (Appeals to Council).

H. Limitation on Filing Judicial Action. Any judicial action appealing the Council's decision and order shall be commenced within 30 days of the date of service of the decision.

I. Summary Abatement of Immediate Hazard or Obstruction. The City Manager may, without notice, abate the nuisance and recover the cost of abatement as provided in Section D.18.090 (Cost Recovery) in the event of:

1. A nuisance defined by statute, ordinance , or resolution as a public nuisance which constitutes an immediate danger to persons or property;

2. A nuisance defined by statute, ordinance , or resolution as a public nuisance which is located or maintained on public property including, but not limited to, any public right - of-way, highway, sidewalk, easement, park, or building; or

3. Any obstruction or encroachment to free passage upon any public property (which is declared to be a public nuisance) including, but not limited to, any public right -of-way, highway, easement, sidewalk, park or building.

Summary abatement may include the temporary removal to a safe location of persons placed in immediate danger from a public nuisance. In this event, the City shall be entitled to recover all costs related to the removal, including , but not limited to, storage of possessions and rental of living accommodations, as well as any other recoverable cost provided in Section D.18.090 (Cost Recovery).

D.18.090 Cost Recovery
A. Recovery of Costs. This Section establishes procedures for the recovery of administrative costs, as well as attorneys' fees and co sts, incurred by the City in the enforcement process, for the abatement of conditions defined as a nuisance or violation by Milpitas Municipal Code Chapter XI-21 (Administrative Citations).

B. Definition of Costs. For the purposes of this Chapter, "costs" shall mean administrative costs, including City staff time expended and reasonably related to nuisance abatement cases, for items including, but not limited to, investigation, site inspection and monitoring, testing, reports, telephone contacts, correspondence and meetings with affected parties, as well as all attorneys' fees incurred in accordance with any action, administrative proceeding, or special proceeding to abate the nuisance including, but not limited to, filing fees and fees for witnesses. In accordance with California Government Code section 38773.5(a), where the City seeks to recover attorneys' fees at the initiation of any action or proceeding, a prevailing opposing party may recover its reasonable attorneys' fees to the extent that the amount of the fees does not exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.

C. Cost Accounting and Recovery Required. The City shall maintain records of all costs incurred by responsible City departments associated with the enforcement process in accordance with this Chapter and shall recover the costs from the property owner/occupant as provided by this Section.

D. Notice of Cost Recovery Requirements. The City Manager shall include in the "Notice to Abate" a statement of the intent of the City to charge the property owner/occupant for all costs incurred by the City if the violation is not corrected as required. The notice shall state that the property owner/occupant will receive at the conclusion of the enforcement case a summary of enforcement costs associated with the processing of the case.

E. Collection of Charges. Costs of recovery shall be recoverable as provided in this Chapter.

D.18.100 Lien Procedure
A. Record of Cost of Abatement. The City Manager shall keep an account of the costs, as defined in Subsection D.18.090.B (Definition of Costs ), for abating the nuisance on each separate lot or parcel of land where the work is done by the City and shall render an itemized report in writing showing the cost of abatement, including the rehabilitation or repair of the property, including any related salvage value. A copy of the report shall be posted for at least five days upon the property, together with a notice of the right to appeal to the City Manager. A copy of the report and notice shall be served upon the owner/occupants of the property, based on the last equalized assessment roll or the supplemental roll, whichever is more current. If the owner/occupant of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication published in a newspaper of general circulation in the county in which the property is located. Proof of the posting and service shall be made by affidavit filed with the City Clerk. The owner/occupant shall have 30 days from the date upon which the notice is served to reimburse the City for its costs or to otherwise make arrangements for repayment, to which the City, in its sole discretion, may agree.

B. Assessment and Lien.

1. The total cost for abating the nuisance, as so confirmed by the City Manager, shall, upon failure to pay the costs as specified in Subsection D.18.100.A (Record of Cost Abatement) constitute a lien or special assessment in accordance with California Government Code section 38773.1, 38773.2, 38773.5, or 38773.6 against the respective lot or parcel of land to which it relates. After confirmation and recordation of a Notice of Special Assessment, a certified copy of the City Manager's decision shall be filed with the Santa Clara County Assessor's Office on or before August 1 of each year, whereupon it shall be the duty of the County Assessor to add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided of ordinary municipal taxes.

All laws applicable to the levy, collection , and enforcement of municipal taxes shall be applicable to the special assessments. Upon recordation in the Office of the County Recorder, a Notice of Lien, as so made and confirmed, shall constitute a lien on the property and from the date of recording shall have the force, effect, and priority of a judgment lien.

2. In the alternative, after recordation, the lien may be foreclosed by an action brought by the City for a money judgment or by any other means provided by law. A Notice of Lien for recordation shall be in form substantially as follows:

FIGURE D.18.100 -1: NOTICE OF LIEN FORMAT

NOTICE OF LIEN
(Claim of City of Milpitas)

In accordance with the authority vested by the provisions of Section D.18.050 (Declaration of Public Nuisance) of the Milpitas Municipal Code, the City Manager of the City of Milpitas did on or about the _______ day of _______, 20___, cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on the real property, in accordance with an order to abate issued by on; and the City Manager of the City of Milpitas did on the _______ day of
_______, 20___, assess the cost of the rehabilitation, repair, demolition, or abatement upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that the City of Milpitas does hereby claim a lien on the rehabilitation, repair, or abatement in the amount of the assessment, to wit; the sum of $____ and the same, shall be a lien upon the real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upo n which a lien is claimed, is that certain parcel of land lying and being in the City of Milpitas, County of Santa Clara, State of California, owned by and more particularly described as follows: (LEGAL DESCRIPTION HERE):

Dated this _______ day of _______, 20___.

_______________________
Signature of City Manager

In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the amount of the lien, the name of the agency on whose behalf the lien was imposed, the date of the abatement order , the public right -of-way address, legal description, and the name and address of the recorded owner/occupant of the property shall be recorded by the governmental agency. A nuisance abatement and the release of the lien shall be indexed in the grantor-grantee index.

D.18.110 Interest on Liens
A. Amount of Interest on City Liens and Assessments–Findings. The Council finds and declares that the establishment of an interest accrual requirement as to unpaid City liens and assessments upon

re
al property which are of record with the Santa Clara County Recorder is a necessary and appropriate exercise of the Council's police power.

B. Accrual of Interest on Liens and Assessments. Unless otherwise prohibited by law or regulation, all liens and assessments which are imposed by the City against any real property located in the City that are recorded on and after the effective date of this regulation shall accrue interest at the rate of eight percent annually until the lien or assessment, including any accrued interest, is paid in full.

D.18.120 Miscellaneous
A. Alternative Actions Available; Violation and Infraction. Nothing in this Chapter shall be deemed to prevent the Council from ordering the commencement of a civil proceeding to abate a public nuisance in accordance with applicable law or from pursuing any other remedy available under applicable law. Violation of the provisions of this Chapter constitutes an infraction, as set forth in Milpitas Municipal Code Subsection I-1-4.09 (Penalty Provisions). The City Manager is designated as the enforcement authority
.

B
. Additional Costs of Abatement. The Council provides that a court may order the owner/occupant of property responsible for a condition that may be abated in accordance with this Chapter to pay three times the costs of abatement in accordance with California Government Code section 38773.7 upon the entry of a second civil court judgment for violation of this Chapter within a two- year period.

C. Residential Rental Housing. The notice sent to the owner/occupant of residential rental housing in accordance with Subsection D.18.080.A (Notification of Nuisance) shall contain the statement required by California Health and Safety Code section 17980 regarding the application of California Revenue and Taxation Code section 17274 and section 24436.5, which allow the Franchise Tax Board to deny state income tax deductions to taxpayers who fail to bring substandard residential rental property into compliance with this Chapter.

D.18.130 Remedies Cumulative
The remedies provided in this Chapter shall be cumulative and not exclusive and are in addition to any other remedies as provided by law. The City’s use or exercise of one remedy shall not preclude the City from using or exercising any other remedy as may be allowed by law.

Chapter E.2 Definitions of Terms
This Chapter provides definitions for terms that are commonly used throughout this Title.

Abandoned, Abandonment. When, for the period of time established in Chapter C.18 (Nonconforming Buildings, Structures, Uses, and Parcels) a nonconforming use is either vacated, the business license lapses, the lease is terminated, and/ or utilities are terminated.

Abate. To repair, replace, remove, destroy or otherwise remedy the condition in violation of this Title.

Abutting or Adjoining. Having a common property or zone boundary line.

Access. The place or way through which pedestrians and/or vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by this Title and the Milpitas Municipal Code.

Accessory Building. A subordinate building, whose purpose is clearly incidental to that of the main building or the use of the land, and which shall not contain living or sleeping quarters or storage for commercial vehicles in excess of three-quarter ton size. Accessory dwelling units, as defined in Chapter E.4 (Definition of Uses), are exempted from the prohibition against living and sleeping quarters. An accessory building shall be considered attached to the main building if:

1. It shares a common wall with the main building; or

2. It shares an integral roof structure having the same framing system and roof covering as the main building and has an exterior wall that is separated from the main structure by no more than 10 feet at any given point.

Accessory Structure. A structure subordinate to the primary use or principal building on the same lot and serving a purpose customarily incidental to the primary use or use of the principal building.

An accessory structure does not meet the definition of an accessory building. Examples include, but are not limited to gazebos, covered patios, carports, and porte-cochères.

Accessory Use. See “accessory use” in Chapter E.4 (Definitions of Uses).

Active Use. A use that attracts walk-in visitors and has a high degree of transparency from the street. Active uses include but are not limited to retail, restaurants, bars, markets, theaters, salons, yoga studios, art studios/galleries, banks, offices, and clinics. Active uses also include ground floor residential shared amenities, such as a lobby, gym, or conference room.

Adjacent. Having a common border with, or being separated from such a common border by a right- of-way, alley, or easement. Properties separated by a street, alley, intersection, or other public right-of-way (other than an elevated interstate freeway), shall be considered adjacent when their property lines would touch in any way if drawn to the center line of such street, alleyway, intersection, or other public right-of-way.

Adult-Oriented Business Terms.

Adult Arcade. Any place to which the public is permitted or invited, wherein coin -operated, currency-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, television sets, monitors, receivers, transmitters, video cassette players or other images producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished

or characterized by the depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult Bookstore. An establishment that has 30 percent or more of its stock in books, visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

Adult Cabaret. A nightclub, restaurant, or similar business establishment which:
• Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or
• Which regularly features persons who appear seminude; and/or • Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Hotel/Motel. A hotel or motel or similar commercial establishment which:
• Offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of any off- premises advertising including but not limited to newspapers, magazines, pamphle ts or leaflets, radio or television; and
• Offers a sleeping room for rent for a period of time that is less than 10 hours or allows a tenant or occupant of a sleeping room to sub -rent the room for a period of time that is less than 10 hours, or rents any single room more than twice in a 24-hour period.

Adult Motion Picture Theater. A business establishment in which for any form of consideration, films, motion pictures, video cassettes, video tapes, laser discs, slides or similar photographic or electronic reproductions are regularly shown and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Theater. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

Distinguished or Characterized by an Emphasis Upon. The dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort Agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

Establishment of an Adult Business. Any of the following:

1. The opening or commencement of any adult-oriented business as a new business;

2. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business as defined in this Title;

3. The addition of any of the a dult-oriented businesses defined in this Title to any other existing adult-oriented business; or

4. The relocation of any adult-oriented business.

Nudity or a State of Nudity. The of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola or nipple, or the showing of the covered male genit als in a discernible turgid state.

Regularly Features. With respect to an adult motion picture theater, theater , or adult cabaret, a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period, three or more occasions within a 60-day period, or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

Seminude. A state of dress in which clothing covers no more than the genitals, pubic region, and areolas of the female breast, as well as portions of the body covered by supporting straps or devices.

Specified Anatomical Areas. Any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

3. Any device, costume or covering that simulates any of the body parts included in ( 1) or (2) above.

Specified Sexual Activities. Any of the following:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

2. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

3. Masturbation, actual or simulated;

4. Human genitals in a state of sexual stimulation, arousal or tumescence; or

5. Excretory functions as part of or in connection with any of the activities set forth in ( 1) through (4) above.

Alley. Any public thoroughfare which affords only a secondary means of access to adjacent property.

Allowed Use. Any use allowed in a zone and subject to the standards, restrictions, and approvals applicable to that zone and the use. May be a permitted use or a conditionally permitted use.

Amplified Sound. The use of any loudspeaker, public address system, amplifier, or any other device which electronically or mechanically increases the volume of the human voice, music, or any other sound.

Any Interested Party. Any person whom a Review Authority of the City finds and acknowledges as having a real and direct interest in any proceeding or action carried on, under, or as a result of the operation of, this Title.

Applicant. A person who requests in writing the approval of a permit, license, certificate, or other entitlement for use from the City. An applicant includes the owner of property for which the application is submitted or the owner’s authorized agent.

Auto. Any motor vehicle requiring a license in compliance with the California Vehicle Code.

Basement. A story of a building that is partly or wholly located underground.

Bay Window. A window or set of windows jutting out from the wall of a building, rising from the ground and forming an alcove which may or may not add additional floor area or a sitting area within.

Bedroom. Any room which meets the minimum requirements of both the Zoning Ordinance and the Building Code for a habitable room, which is constructed in such a manner that less than 50 percent of one wall is open to an adjacent room or hallway and which can be readily used for private sleeping purposes.

Bicycle Parking Space. See “parking space, bicycle”.

Block. A property so designated on an official map of the City, or the area of land bounded by streets, or by a street or streets, and railroad right-of-way, canal right-of-way, or unsubdivided acreage.

Building. A structure having a roof supported by columns or walls for the housing of, or for occupancy by, persons, animals, or chattels. Where a dwelling is separated by a division wall without openings, each portion of such dwelling shall be deemed a separate building.

Building Face or Building Façade. The outer surface of the main exterior wall of a building. For example, a building with a rectangular plan has four exterior walls and four building faces or facades.

Building Frontage. See “frontage, building”.

Building Height. The vertical distance from finished grade. See also Subsection A.6.090.A (Measuring Building Height).

Building Official. The Director of the Office of Building Safety of the City of Milpitas or designee.

Building, Principal. A building in which the primary use of the lot on which it is situated is conducted.

Cannabis Terms.

Cannabis. All parts of the plants Cannabis sativa, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the

plant, its seeds, or resin. Cannabis also means the separated resin, whether crude or purified, obtained from marijuana. Cannabis includes "cannabis" as defined in the California Business and Professions Code section 26001 and in California Health and Safety Code section 11018.

Cannabis Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Cannabis Delivery. The commercial transfer of cannabis or cannabis products to a customer.

Cannabis delivery also includes the use by a cannabis retailer of any technology platform that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products. Whether made directly by the individual or entity or indirectly through a third -party service or other intermediary, an offer to deliver includes any communication, action, or conduct that could be reasonably understood to convey a willingness to engage in cannabis delivery irrespective of the person or entity's actual or specific intent and includes advertisements, websites, or other media making the same suggestion.

Cannabis Delivery Service / Delivery Service. Any person or entity engaged in cannabis delivery or attempting or offering to engage in cannabis delivery.

Cannabis Distribution. The procurement, sale, and transport of cannabis and cannabis products and any other activity allowed under the State distributor license(s), including, but not limited to, cannabis storage, quality control and collection of State cannabis taxes.

Cannabis Manufacture. To compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. Cannabis manufacture includes the production, preparation, propagation, or compounding of manufactured cannabis, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or relabels its container.

Cannabis Microbusiness. Commercial cannabis business that must engage in at least three of the following commercial cannabis activities: cultivation, manufacturing using nonvolatile solvents, distribution, and/or retail.

Cannabis Product. Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. Cannabis products include cannabis products as defined in Business and Professions Code section 26001.

Cannabis Retailer. Facility where cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale or conducts sales exclusively by deliver y. The term cannabis retailer includes any nonprofits that may be licensed under Business and Professions Code section 26070.5. For purposes of this Title, cannabis retailer also includes medical cannabis dispensaries, patient collectives and cooperatives operating, or proposing to operate, in accordance with the California Health and Safety Code section 11362.5 and/or the California Health and Safety Code section 11362.7 et seq., as may be amended.

Cannabis Testing Laboratory. A facility, entity, or site that offers or performs tests of cannabis or cannabis products.

Commercial Cannabis Use. Includes all cannabis cultivation, cannabis manufacture, cannabis distribution, cannabis testing laboratories, cannabis microbusinesses, cannabis retailers, cannabis

delivery, and sale of cannabis and/or cannabis products, whether intended for medical or adult use, and whether or not such activities are carried out for profit. Commercial cannabis uses includes commercial cannabis activity as defined in California Busin ess and Professions Code section 26001, and includes any activity that requires, or may require in the future, a license from a State licensing authority in accordance with California Business and Professions Code section 26000-26325, as may be amended. Co mmercial cannabis use does not include those activities allowed for personal use by persons 21 years of age or older, without any compensation whatsoever, in strict accordance with California Health and Safety Code section 11362.1 and does not include the activities of a qualified patient or a primary caregiver that are exempt from State licensure in accordance with California Business and Professions Code section 26033.

Enforcement Authority. The Chief of Police, the City Attorney, or any other person or persons designated by the Milpitas Municipal Code or the City Manager to enforce the City’s cannabis regulations in this Title.

Indoor. Any location that is totally contained within a fully enclosed and secure private residence or accessory building located on the grounds of the private residence.

Medicinal Cannabis / Medicinal Cannabis Products. These terms shall have the same meaning as the definition set forth in Business and Professions Code section 26001.

Medicinal Cannabis Patient. Any one of the following:

Person with an I dentification Card. As defined in Health and Safety Code section 11362.7. A person who possesses a currently valid identification card issued in compliance with Health and Safety Code Article 2.5 (commencing with section 11362.7) of Chapter 6 of Division 10.

Qualified Patient. As defined in Health and Safety Code s ection 11362.7. A person who possesses a currently valid physician's recommendation that complies with both Business and Professions Code Article 25 (commencing with section 2525) of Chapter 5 of Division 2 as all rules, regulations, and guidelines adopted by the Medical Board of California.

Non-Medicinal Cannabis / Non-Medicinal Cannabis Products. Cannabis or cannabis products, respectively, that does not qualify as medicinal cannabis, including commercial cannabis intended to be sold for non-medicinal use by an adult 21 years of age or older pursuant to state law.

Outdoor. Any location that is not totally contained within a fully enclosed and secure accessory building or primary residence.

Personal Cultivation. Cannabis cultivation for a natural person's own personal use and possession in accordance with the Milpitas Municipal Code and state law, including but not limited to California Health and Safety Code section 11362.1 and 11362.2, as may be amended, and such person does not sell or distribute cannabis to any other person. Personal use also means and includes cultivation of medical cannabis conducted by a qualified patient exclusively for personal medical use, and cultivation conducted by a primary caregiver for the personal medical purposes of no more than five specified qualified patients for whom they are the primary caregiver, in accordance with state law, including California Health and Safety Code section 11362.7 and 11362.765, as may be amended. Except as defined in this Title, personal cultivation does not include, and shall not authorize, any cultivation conducted as part of a business or commercial activity, including cultivation for compensation or retail or wholesale sales of cannabis.

Primary Caregiver. The primary caregiver for a medicinal cannabis patient and shall have the same meaning as the definition set forth in Health and Safety Code section 11362.7.

Car Share. A service that allows people to rent vehicles for short periods, typically through a web- based application, without needing to own a car.

Chief of Police. The Chief of Police of the City of Milpitas Police Department or designee.

City Attorney. The City Attorney of the City of Milpitas or designee.

City Clerk. The City Clerk of the City of Milpitas or designee.

City Engineer. The Director of the Engineering Department of the City of Milpitas or designee.

City Manager. The chief executive officer or manager of the City of Milpitas or designee.

City Official. An authorized officer of the City of Milpitas as appointed by the City Manager or City Council.

Civil Engineer. A person who holds a valid license in the branch of civil engineering, as defined in California Business and Professions Code section 6702.

Community Emergency Cache. A collection of disaster response supplies approved by the City's Office of Emergency Services that would benefit the surrounding community.

Compost. Safe and stable decayed organic material deriving from household or commercial waste that is beneficial to plant growth and may be used as a source of fertilizer or nutrient for plant.

Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store.

Condominium Conversion. A change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined for a condominium project or a community apartment project regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structures.

Continuing Violation. A violation, infringement or breach of a provision of this Title that is uninterrupted and lasts for a continuous period in excess of 24 hours.

Curb Grade. The elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the City Engineer shall establish such curb grade or its equivalent for the purpose of this Title.

Curb Level. See “curb grade”.

Department. The Planning Department of the City of Milpitas.

Diameter at Breast Height (DBH). The diameter of a tree’s trunk, measured 4.5 feet up the trunk from the ground.

Director. The Planning Director of the City of Milpitas or designee.

Dwelling. A building or portion of a building designed exclusively for residential occupancy, including single-family, two-family, multi-family, and accessory dwellings, but not including hotels or motels.

Dwelling Unit. A habitable room or group of habitable rooms (e.g., living room, bedroom, den, library, recreation, studio, etc.) designed for occupancy by one or more persons living as a family or single household unit with common interior access to all living, kitchen, and bathroom areas. No dwelling unit may have more than one kitchen.

Ecological Restoration Project. A project to establish or reestablish a defined, indigenous, historic ecosystem on a site where the natural, original ecosystem of has been disturbed or degraded.

Efficiency Kitchen. An efficiency kitchen includes a cooking facility with appliances, and food- preparation counter space with a total area of at least 15 square feet and food-storage cabinets with a total of at least 30 square feet of shelf space.

Effective Date. The date upon which this Zoning Ordinance, or any subsequent amendment, is in full force and effect from and after its adoption by the Council.

Electronic Smoking Device. An electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances.

Includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vaporizer or any other product name or descriptor.

Elevation. A scaled drawing of the front, rear, or side of a building or structure. Also, a vertical distance above or below a fixed reference level, typically above sea level.

Erosion. The wear and removal of the material in the earth's crust from one site and the deposition at another.

Family. One or more persons living together as a single household unit.

Federal Communications Commission (FCC). An independent government agency responsible for regulating the radio, TV, and phone industries. The FCC regulates all interstate communications, such as wire, satellite and cable, and international communications originating or terminating in the United States.

Finished Grade. The final elevation of the ground surface after development.

First Amendment Event. Conduct, the sole or principal object ive of which is the expression, dissemination or communication by verbal, visual, literary, or auditory means of opinion, views , or ideas. Expressive activity includes, but is not limited to, public oratory and distribution of literature.

Floor Area Ratio (FAR). The ratio of the total floor area of all buildings on a lot to the lot area. See Section A.6.080 (Determining Floor Area Ratio).

Foot-Candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. It is equal to one lumen uniformly distributed over an area of one square foot.

Frontage. All the property fronting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or city boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

Frontage, Building. The length of a building wall as measured continuously in one plane for the entire length of the subject building, excluding eaves or roof overhangs. Where a building is visible from more than one street or parking area, the building frontage with the main public entry shall be designated as the primary building frontage with all other such frontages designated as secondary.

Fully-Shielded Light Fixture. See “light fixture, fully-shielded”.

Garage. Any building with a permanent roof, enclosed on three sides with a garage door on the fourth side that is built and used for the purpose of storage/parking of automobiles, recreational vehicles (RVs), or offroad vehicles.

Good Neighbor Manual. A manual prepared by the City regarding the general rules of conduct to be followed when operating a short-term rental unit.

Gross Acre. The total area within the boundaries of a legal lot or parcel, including any area proposed to be dedicated or reserved for public right-of-way. Adjacent lands already dedicated for public right-of-way, including public roadways, easements or other areas, shall not be included as part of the gross acreage.

Gross Floor Area. The total area of all floors measured from the interior faces of the building, but not including areas for parking, basements, shaft enclosures, or unroofed inner courts unless any outdoor areas are used for commercial purposes.

Habitable Space. A room designed for living, sleeping, eating or food preparation, including but not limited to a living room, bedroom, bathroom, kitchen, den, study, library, home office, craft room, or recreational room and excluding areas such as garages.

Hazardous Material. A material identified as hazardous by California Health and Safety Code section 25502(n).

Hardscape. Any durable ground cover material (pervious and impervious) used in landscape design, including but not limited to concrete, asphalt, stone, brick, and gravel.

Hosting Platform. A business or person that provides a means through which an operator may offer a dwelling unit, or portion thereof, for short-term rentals. A hosting platform is usually, though not necessarily, provided through an internet-based platform. It generally allows a property owner or tenant to advertise the dwelling unit through a website provided by the hosting platform and provides a means for potential short-term rental transients to arrange short-term rentals, whether the short-term rental transient pays rent directly to the operator or to the hosting platform.

Impervious. Any surface or material that does not allow the passage of water through the material and into the underlying soil.

Individual Property Owner. A natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. Does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp., S corp., etc.) except for a community land trust, as defined by California Revenue and Taxation Code section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation as defined by California Revenue and Taxation Code section 214.15.

Intensity. The degree to which land is used, measured by a combination of the type of land used and the amount of land or floor area devoted to that use.

Invasive Plant Species. Species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and United States Department of Agriculture (USDA) invasive and noxious weeds database.

Kitchen. Any room, all or any part of which is designed and/or used for cooking and the preparation of food.

Landscape Architect. A person who holds a license to practice landscape architecture in the State of California, per Business and Professions Code section 5615.

Landscape Contractor. A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

Light Fixture, Fully-Shielded. Light fixture or luminous tube constructed and mounted such that all light emitted by the fixture or tube, either directly from the lamp, tube, or a diffusing element, or indirectly by reflection or refraction from any part of the light fixture, is projected below the horizontal plane. If the lamp or tube, any reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or directly from the side, from any angle around the fixture or tube, the fixture or tube is not fully shielded.

Light Fixture, Partially-Shielded. A light fixture constructed and mounted such that most light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane. Light emitted at or above the horizontal direction (sideways or upwards) arises only from incidental decorative elements or strongly colored or diffusing materials such as colored glass or plastic.

Fixtures using spot or flood lamps are considered partially shielded.

Loading Area. An open area, other than a street or alley, used for the loading or unloading of vehicles.

Loading Space. An off-street space or berth on the same lot as a building, or contiguous to a group of buildings, designated for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.

Lot. A parcel, tract, or area of land established by plat, subdivision, or as otherwise allowed by law, to be used, developed or built upon.

Corner Lot. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees.

Flag Lot. A lot having frontage upon, or access via an easement to, a public or private street by a narrow, private right-of-way.

Interior Lot. A lot other than a corner lot, flag lot, or through lot.

Irregular Lot. A lot which is shaped in a way that does not match the regular pattern of the lots on a block.

Key Lot. A lot with a side lot line that abuts the rear lot line of any one or more adjoining lots.

Reversed Corner Lot. A corner lot where the street side lot line of the lot is substantially a continuation of the front lot line of the lot to its rear.

Through Lot. A lot having frontage on two parallel or approximately parallel streets.

FIGURE E.2-1: LOT TYPES

Lot Dimensions. The linear measurements of a parcel of land.

Lot Area. The total horizontal area within the lot lines of a lot.

Lot Depth . The horizontal distance between the front and rear lot lines, see Section A.6.030 (Measuring Lot Width and Depth).

Lot Width. The horizontal distance between the side lot lines, see Section A.6.030 (Measuring Lot Width and Depth).

Lot Lines. The boundary between a lot and other property or the public right-of-way.

Front Lot Line. On an interior lot, the line separating the lot from the street. On a corner lot, the shorter lot line abutting a street. On a through lot, the lot line abutting the street providing the primary access to the lot. On a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.

Interior Lot Line. Any lot line that is not adjacent to a street.

Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear setback.

FIGURE E.2-2: REAR LOT LINE S, IRREGULAR LOTS

Side Lot Line. Any lot line that is not a front or rear lot line.

Street Side Lot Line. A side lot line of a corner lot that is adjacent to a street.

FIGURE E.2-3: LOT LINE TYPES

Lumen. The unit used to measure the actual amount of light which is produced by a light source.

Main Building. See “building, principal”.

Major Street. A street having four or more vehicle travel lanes.

Manufacturing. The preparation, making, treatment, or processing of articles as merchandise.

Massage Establishment Terms.

Act. The Massage Therapy Act (Business and Professions Code section 4600, et seq.), as amended.

California Massage Therapy Council (CAMTC). California Massage Therapy Council established under California Business and Professions Code section 4602.

Certified Massage Practitioner or Massage Practitioner. A person who is currently certified as a massage practitioner by the CAMTC in accordance with California Business and Professions Code section 4604.1 and/or 4604.2.

Certified Massage Therapist or Massage Therapist. A person who is currently certified as a massage therapist by the CAMTC in compliance with California Business and Professions Code section 4604.

Compensation. The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value. In addition to accepting other forms of compensation, a person may be deemed to have received compensation for performing a massage when the massa ge is offered as part of a membership, as part of a package of services or as incidental to the purchase of a product.

Employee. Any person hired by a massage establishment who renders any service for the business/owner in exchange for any form of compensation from the business, including independent contractors.

Managing Officer/Employee. A person that can or does have or share ultimate control over the day-today operations of a business.

Massage. Any method of treating the external parts of the body, usually with the hands, so as to stimulate circulation and make muscles or joints supple, or relieve tension, for remedial, or health purposes offered in return for any form of compensation. Methods of massage include, but are not limited to, stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with or without the aid of any mechanical or electrical apparatus or appliances.

Massage may occur with or with out supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or with or without other similar preparations commonly used in this practice or by baths, including but not limited to: Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. Massage includes the application of various manipulation or touch techniques to the muscular structure and soft tissues of the human body as defined in th e Act, California Business and Professions Code section 4601(e), and recognized as legitimate by CAMTC.

Massage Technician. Includes both a massage practitioner and a massage therapist.

Off-Premises Massage Service. Any business where a function of such business is to engage in or carry on massage, not at a fixed location but at a location designated by the customer, massage technician, or other person, and sometimes known as an out-call massage service.

Owner. Any individual who has any direct or indirect ownership interest in a massage establishment.

Sole Provider. A massage business where the owner owns 100 percent of the business, is the only person who provides massage for compensation at or for that business, and has no other employees, independent contractors or rent-space massage therapists.

Micromobility Device. A small, lightweight vehicle operating at a speed typically below 15 miles per hour and driven by the individual user, such as bicycles, e-bikes, and electric scooters.

Mixed Use Development. A development that consists of vertical or horizontal combination of residential and nonresidential uses within a single building or site.

Mobile Home. A transportable structure designed to be used as a dwelling unit when connected to required utilities, as defined by California Health and Safety Code section 18008.

Mulch. Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite, left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

Natural Land Slope. The average slope of a lot in the “H” Hillside Combining District in percent, see Section B.22.030 (Maximum Allowable Densities and Minimum Lot Sizes).

Natural Person. An individual and living human being, as opposed to a legal person which may be a private (e.g., business entity or non-governmental organization) or public (i.e., government) entity.

Nonconforming Building. A building or structure, or portion of a building or structure, lawfully existing and built in compliance with all City land use and zoning laws in effect at the time, and which does not comply with current standards in this Title, including but not limited to height, setbacks, floor area ratio, or maximum lot coverage.

Nonconforming Use. Any use of land or property that was lawfully established pursuant to all applicable ordinances and laws at the time the use commenced, but which, due to the application of this Title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.

Occupation. A principal business, profession, or vocation in which one is regularly and habitually engaged for the purpose of compensation for a livelihood.

Openwork Design. Comprised of materials which results in a certain percentage of visual transparency within every square foot area, posts excluded.

Operator. A natural person who is the owner, lessee, or owner's agent to act on the owner's behalf to ensure compliance with this Title.

Outdoor Dining Area. Any outdoor area serving as an extension of the indoor customer seating area for a café or restaurant, which occupies space adjacent to the business that was formerly used for vehicle parking, pedestrian circulation, or similar use unrelated to the seating or customers.

Outdoor Music. Live music, both acoustic and amplified, including live individual musicians, bands, and disc jockeys (DJs), but not including karaoke, that takes place on a patio or other outdoor space.

Outdoor music as defined and regulated in this Title shall also include recorded background music played outdoors at a public establishment such as a restaurant, bar, retail store, or other business.

Owner/Occupant. Any person owning property, as shown on the last equalized assessment roll for City taxes, or the lessee tenant, or other person having control or possession of the property.

Parade. An organized group marching in procession on a street. Parades do not include races, runs or other athletic events (i.e., a physical or endurance activity such as races, runs, walkathons, bicycle tours, or similar events).

Parcel. A legal lot of record.

Parking Space, Bicycle. A space dedicated to the parking of bicycles that typically includes supports to which the bicycle may be attached.

Parking Space, Vehicle. A space within a building or a private or public parking area for the parking of one vehicle.

Parkway. The area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress.

Partially-Shielded Light Fixture. See “light fixture, partially-shielded”.

Paseo. A mall designed and used for pedestrian passage, including adjacent sidewalks, between two or more parallel streets and which is owned or controlled by the City.

Patio. A surfaced area (concrete, brick, stone, asphalt, pavers, or similar materials) for recreational outdoor living use, not for vehicular parking purposes.

Patio Cover. A one-story roofed structure open on one or more sides (provided, however, that the open sides may be closed with insect or plastic screening that is permeable material and not in any manner that would obstruct the free passage of light or air) used for recreational, outdoor living purposes only and not as carports, storage rooms, or habitable rooms.

Permittee. A person, company, corporation, or entity that has been issued a permit including owner(s) or lessee(s) of property or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Title, or the agent(s) of such persons, and all successors in interest.

Person. Any individual, partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, the State of California and its political subdivisions or instrumentalities, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver, or assignee.

Pervious. Any surface or material that allows the passage of water through the material and into the underlying soil.

Plaza. A public square or similar open area, including adjacent sidewalks, which is owned or controlled by the City.

Primary Use. The primary purpose for which a building, structure, or lot is designed, arranged, or intended, or for which they may be used, occupied, or maintained under this Title.

Principal Building. See “building, principal”.

Private Residence. See “residence, private”.

Property. All real property and fixtures, including, but not limited to, parking lots, sidewalks, gutters, driveways, walkways, and any building and structure located on such property.

Public Right-of-Way. As defined in Milpitas Municipal Code Section V-500-1.13 (Public Right-of-Way) of the Milpitas Municipal Code, the full width of the right -of-way of any street, as defined in the California Vehicle Code used by the general public, whether or not such street has been accepted as and declared to be part of the City system of streets, including streets forming a part of the State Highway System. Public right -of-way also includes easements where the City is the grantee of the easement and property owned by the City of Milpitas or the Milpitas Redevelopment Agency and any public park, trail, or right-of-way within the City of Milpitas.

Public Transit. As defined in California Government Code section 66313(l), a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. Examples include, but are not limited to, Altamont Commuter Express (ACE), Bay Area Rapid

Transit (BART), Alameda-Contra Costa (AC) Transit, Valley Transportation Authority (VTA) bus service and light rail, and paratransit.

Public Works Director. The Director of the Public Works Department of the City of Milpitas or designee.

Recreational Area. Areas, excluding private single-family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters, or golf courses . Also, “recreation area”.

Recyclable Material. Reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with the California Health and Safety Code.

Recycled Water. Treated or recycled wastewater of a quality suitable for non-potable uses such as landscape irrigation and water features, but not intended for human consumption.

Residence, Private. A house, an apartment unit, accessory dwelling unit, a mobile home, or other similar dwelling occupied for residential purposes.

Review Authority. The body or City staff person responsible for making decisions on zoning and related applications.

Setback. The distance between a property line and a building or structure that must be kept clear or open, except for the encroachments specifically permitted by this Title. See also Section A.6.060 (Measuring Setbacks).

Front Setback. The area extending the full width of the lot as measured from, and perpendicular to, a front lot line.

Interior Side Setback. The area extending from a front setback line to a rear setback line as measured from, and perpendicular to, an interior lot line.

Street Side Setback. The area extending from a front setback line to a rear setback line as measured from, and perpendicular to, a street side lot line.

Rear Setback. The area extending the full width of the lot as measured from, and perpendicular to, a rear lot line. Also see “lot lines” (rear lot line).

Slope. See “natural land slope”.

Special Event. Any indoor or outdoor event that consists of any combination of the following:

1. A parade or assembly consisting of persons, animals, and/or vehicles, which is intended to assemble or travel in unison on any street, and which does not comply with applicable traffic regulations, laws, or controls.

2. An organized assemblage of persons at a plaza, park, or paseo, gathered for a common purpose under the direction or control of a person or organization.

3. An activity which involves blocking off a street or other use of a street which obstructs the normal street traffic.

4. An activity or event on a public right -of-way, plaza, paseo, park , or private property which involves:
• The placement or erection of equipment or temporary structures, including but not limited to a booth, tent, canopy, stage, barricade, fencing, generator, heating equipment, sound amplifier, vehicle, or float;
• The use of live animals, fireworks, pyrotechnics, electrical power and/or cabling, or equipment or materials that can create a risk of damage to public or private property or injury to persons;
• Cooking or the sale, preparation for sale or commercial distribution of food or beverages; or
• The sale of commercial merchandise , excluding commercial special events and sales consistent with C.10.230.D.4 (Commercial Special Events and Sales).

5. Examples of Special Events include, but are not limited to, concerts, parades, carnivals, fairs, festivals, block parties, public dances, street fairs, community events, sporting or athletic events, parties, meals, mobile food vending events, celebrations, and receptions.

Special Event Venue. The outdoor area for which a Special Event Permit has been issued.

Specific Plan. A detailed plan for the development of a specific area as described in California Government Code section 65450. Specific plans are a tool to implement the General Plan. A specific plan documents the proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, parks, and other essential facilities proposed to be located within or needed to support the land uses described in the plan, as well as implementation and financing methods and added benefits to the City and the community.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and ceiling next above it.

Street. A permanently reserved thoroughfare which affords principal means of access to abutting property.

Structural Alteration. Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.

Structure. Anything constructed or erected, which requires location on the ground or is attached to something having a location on the ground.

Turf. A groundcover surface of mowed grass. Turf may be natural (e.g., annual bluegrass, Kentucky bluegrass, perennial ryegrass, Bermudagrass, Kikuyu grass, seashore Paspalum) or synthetic.

Two-unit Project. The development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot. Also known as an “SB 9 unit” (see California Government Code section 65852.21).

Universal Design. An environment, or dwelling unit, designed and built to be accessed and used by all persons, regardless of ability or mobility.

Usable Open Space. Any outdoor open space, consistent with Section C.2.090 (Open Space), and which is not used as storage or for movement of motor vehicles.

Urban Lot Split. The subdivision of an existing, legally subdivided lot into two lots as allowed by Milpitas Municipal Code Section XI-1-31 (Urban Lot Splits).

Use. The purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

Use, Allowed. See “allowed use”.

Use, Primary. See “primary use”.

Valley Transportation Authority (VTA). The Santa Clara Valley Transportation Authority.

Vehicle Parking Space. See “parking space, vehicle”.

Walkway. A created surface, such as brick, stone, concrete, asphalt, pavers or similar material, intended to facilitate pedestrian or bicycle passage, and not used for vehicular parking purposes.

Wireless Telecommunications Terms.

Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.

Base Station. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower. • The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. • The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small -cell networks).
• The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government, supports or houses equipment described above that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing the support. • The term does not include any structure that, at the time the relevant application is filed with the state or local government, does not support or house equipment described in above.

Colocation. Mounting or installing a wireless telecommunication facility on a pre -existing structure; and/or modifying a structure for the purpose of mounting or installing a wireless telecommunications facility on that structure. For the purposes of eligible facilities requests, colocation means the mounting or installation of transmission equipment on an existing tower or base station.

Commercial Wireless Communication Facility. A wireless communication facility operated by a for- profit business or for-profit purposes.

Eligible Facilities Request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

• Colocation of new transmission equipment;
• Removal of transmission equipment; or
• Replacement of transmission equipment.

Fixed Wireless Signal. Any commercial non -broadcast communications signals transmitted via wireless technology to and/or from a fixed customer location. Fixed wireless signals do not include, among other things, AM radio, FM radio, amateur (“HAM”) radio, CB radio, and Digital Audio Radio Service (DARS) signals.

Hub or Relay Antenna. Any antenna that is used to receive or transmit fixed wireless signals for the distribution of fixed wireless services to multiple customer locations as long as the antenna serves a customer on whose premises it is located but excludes any hub or relay antenna that is used to provide any telecommunications services or services that are provided on a commingled basis with telecommunications services.

Lattice Tower. A type of tower; a three- or more-legged structure designed and erected on the ground to support wireless telecommunication antennas and connecting appurtenances.

Monopole. A type of tower; a structure of single pole (non -lattice) design and erected on the ground to support wireless telecommunications antennas and connecting appurtenances.

Noncommercial Wireless Communication Facility. A wireless communication facility operated by a government agency, a nonprofit organization, a for-profit business for nonprofit purposes or a private citizen for personal use. This use includes all amateur radio facilities.

Satellite Dish or Non-Satellite Dish. A sub-type of antenna incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped, and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, Television Receive Only (TVROs), and satellite microwave antennas.

Small Wireless Facilities. Facilities that meet each of the following conditions:
• The facilities:
- Are mounted on structures 50 feet or less in height including their antennas as defined in this Section;
- Are mounted on structures no more than 10 percent taller than other adjacent structures; or
- Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; • Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna), is no more than three cubic feet in volume; • All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre -existing associated equipment on the structure, is no more than 28 cubic feet in volume; • The facilities do not require antenna structure registration under 47 C.F.R. section 17.4; • The facilities are not located on Tribal lands, as defined under 36 C.F.R. section 800.16(x); and
• The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. section 1.1307(b).

Stealth Design. Improvements or treatments added to a wireless telecommunication facility which are intended to make the facility look like something other than a wireless tower or base station or to mask or blend the proposed facility into the existing structure or visual backdrop, in such a manner as to render it minimally visible to the casual observer.

Stealth Wireless Communications Facility. Any antenna that is designed to be architecturally integrated into a building and is architecturally consistent with the building design. Examples include a steeple, cupola or tower element on a building and do not include flag poles, monopoles or other structures designed to house antenna and resemble natural features.

Telecommunication Facility, Major. A communication facility that, due to size, scale, location, or other characteristics, is likely to have some detectable impact on adjacent us es or on the environment, including aesthetic or visual impacts, or that may have a cumulative impact citywide or on the regional environment due to the number of sites included or in combination with other projects. This definition includes freestanding antenna structures, including monopoles and towers, or the placement of a networ k of wireless communication facilities throughout an area onto existing structures, or other facilities which, as determined by the Director, warrant this classification.

Telecommunication Facility, Minor. A communication facility which by its size, scale, location, design, or combination of such measures, allows the facility to be aesthetically integrated into the surrounding environment so as not to be readily seen or recognized as a communication facility and is not likely to have some detectable impact on adjacent uses or on the environment.

Tower. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Yard. See “setback”.

Zone. A specifically delineated area in the city within which regulations and requirements in this Title uniformly govern the use, placement, spacing, and size of land and buildings.

Zoning Administrator. The person designated to perform the duties and exercise the powers of the Zoning Administrator as set forth in this Title, or designee.

Chapter E.4 Definitions of Uses
This Chapter provides definitions for all uses established in the use tables in Part XIII-B (Zone Regulations).

Accessory Dwelling Unit (ADU). As defined by California Government Code section 66313, an ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence.

An ADU also includes an efficiency unit as defined in California Health and Safety Code section 17958.1 and a manufactured home as defined by California Health and Safety Code section 18007.

Accessory Dwelling Unit , Junior (JADU). A type of accessory dwelling unit defined by California Government Code section 66313 as a residential unit that is consistent with the following:
• Is no more than 500 square feet in size;
• Is contained entirely within an existing or proposed single-family structure; • Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed primary dwelling; and
• Includes an efficiency kitchen.

Accessory Use. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same lot as the primary use.

Adult-Oriented Business. See "adult-oriented business terms" in Chapter E.2 (Definitions of Terms).

Advanced Manufacturing. The use of innovative technologies to create existing and new products or to improve products and processes. Advanced manufacturing focuses on the rapid transfer of science and technology into production activities and may incorporate high technology elem ents such as information, automation, computation, software, sensing, artificial intelligence, machine learning, and networking. Advanced manufacturing may include storage space for raw materials and/or finished goods that actively supports the primary use.

Agriculture. See “cultivated agriculture.”
Agricultural Processing Plant, Commercial. Facility that transforms, processes, and packages livestock or livestock products, or agricultural commodities, into goods that are used for intermediate or final consumption including goods for nonfood use. Includes animal slaughter.

Agricultural Supply Sales. An establishment or place of business primarily engaged in the retail or wholesale sale from the premises of farm supply, feed, grain, fertilizers, pesticides, and similar goods as well as the provision of agriculturally related services with incidental s torage on a lot other than where the service is rendered.

Alcoholic Beverage Sales. Any beverage sales use that includes the sale of alcoholic beverages for off-premise consumption. This includes retail sales of liquor, beer, wine, and spirits and can be combined with a retail sales establishment such as a grocery store or convenience store, or it can be a stand-alone liquor store or wine shop.

Animal Husbandry. The care and raising of large livestock, including horses, cattle, swine, goats, sheep, alpacas, and similar animals. This includes any animal-related production uses incidental to the foregoing, such as grazing, grooming, shearing, and milking, but excludes animal slaughter, meat cutting and packing, stockyards or the commercial feeding of garbage or offal to swine or other animals.

Assembly. See “community assembly”.

Auto Broker. An auto dealer or auto buying service as defined in California Vehicle Code section 166, who engages in the business of arranging, negotiating, assisting, or effectuating the purchase of a new or used motor vehicle, not owned by the dealer, on behalf of another. This use is limited to office work and does not include storage or parking of vehicles onsite.

Bank and Credit Union. Financial institutions, including federally-chartered banks, savings associations, industrial loan companies, and credit unions that provide retail banking services to individuals and businesses. Includes only those institutions engaged in the on-site circulation of money, and whose deposits are insured by the state or federal government and/or a state or federal sponsored entity, including credit unions.

Bar or Nightclub. Businesses serving beverages for consumption on the premises as a primary use, including serving alcohol such as beer, wine, and spirits. Dancing and live entertainment may also be conducted within the establishment. This use does not include microbreweries. See “food preparation” for tasting rooms that are accessory and subordinate to a brewery, winery, or distillery.

Bed and Breakfast. A residential property with one or more bedrooms dedicated to rental for a fee for overnight lodging of periods of 30 consecutive days or fewer and where meals may be provided to guests. A bed and breakfast is typically either owner-occupied or has the manager or proprietor of the lodging business living on the premises. This use type excludes short-term rentals.

Boarding House. An establishment where housing is provided for compensation, generally for stays of more than 30 days, for up to eight persons. Boarding houses typically have individual rooms for guests, shared bathroom facilities, and a single common kitchen. Meals may be served for guests and included as part of the cost of lodging.

Breweries, Distilleries, and Wineries. An establishment engaged in the brewing, distilling, and production of beer, wine, or other spirits. Tasting rooms that are accessory and subordinate to a brewery, winery, or distillery may be included in this use. This use does not include microbreweries.

Business and Professional Office. Offices of firms or organizations providing professional, executive, business, management, or administrative services, including but not limited to accounting, architectural, computer software design, engineering, consulting, graphic design, insurance, interior design, real estate, legal, and tax preparations offices. Also includes co-working spaces designed to accommodate individuals and organizations that provide such services.

Business Support Services. Establishments primarily within structures that provide other businesses with ancillary services that further or facilitate the other businesses' primary activity, including but not limited to commercial art and design (production); copying and quick-printing services; equipment rental businesses within structures; janitorial services; mailbox rentals; mail advertising services (reproduction and shipping); outdoor advertising services; protective services (other than office - related); rental, repairs and distribution of office or business equipment; and window cleaning.

Caretaker’s Residence. A dwelling unit occupied by employees or caretakers of the primary use on the site.

Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries only when operated in conjunction with and within the boundary of such cemetery.

Check Cashing Business. Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains

from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code section 1789.33. Check cashing businesses do not include state or federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers, that cash checks or issue money order incidental to their main purpose or business.

Child Care Center. Establishments providing non-medical care for children on a less than 24-hour basis other than large/small family child care homes. This classification includes licensed nursery schools, preschools, and day care facilities for children, and any other day care facility licensed by the State of California. This use does not include after school program, summer camp, and tutoring facilities.

Civic/Government. Governmental facilities not otherwise included in other land use types, such as court facilities and post offices, together with storage and maintenance of City and public agency vehicles.

Collection Facility. A center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public where limited sorting and storing of such items is conducted on-site.

College/University, Private. A private college or university, excluding trade or vocational schools.

Commercial Athletic Facility. A facility for physical fitness training or athletic type games and sports, such as but not limited to, health clubs, tennis, gymnasiums, handball courts, racquetball courts; also including ancillary uses when incidental to the primary use, such as but not limited to, steam baths, weight training, aerobic classes, massage, saunas, and the retailing of athletic supplies to be used in the facility.

Commercial Fueling Facility. See “fueling facility, commercial”.

Commissary or Catering. A fixed-location kitchen where food is stored and prepared for off-site vending or delivery. Commissaries may include shared-use commercial kitchens, private commercial kitchens, restaurant kitchens, and kitchens associated with civic and community organizations such as churches or social clubs. Also, includes catering service establishments.

Community Assembly. A facility for public or private meetings including clubs and lodges, community centers, senior centers, religious assembly facilities, convention centers, civic and private auditoriums, union halls, meeting halls for clubs and other membership organizations. This includes functionally related facilities for the use of members and attendees such as kitchens, multi- purpose rooms, and storage. It does not include gymnasiums or other sports facilities (see indoor sports and recreation) or facilities such as day care centers and schools, which are separately defined.

Major. Community assembly use that is over 2,000 gross square feet and has capacity for more than 200 seats.

Minor. Community assembly use that is 2,000 gross square feet or less and has capacity for no more than 200 seats.

Community Garden. Use of land for the cultivation, growing and harvesting of vegetables, herbs, flowers, and fruits, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity. Community gardens are typically owned and operated by public or non-profit agencies, and each garden plot is used and kept by an individual or a household. Excludes animal keeping or animal husbandry.

Construction Yard and Equipment Rental. Storage of construction materials or equipment on a site other than a construction site. Includes rental of large construction equipment and machinery. This classification may include parking/storage of contractor vehicles.

Convenience Store. A retail establishment selling food, beverages, and small convenience items such as personal hygiene products, cigarettes, magazines, and other everyday consumer items. Food and beverage products sold primarily consist of packaged and canned goods, prepared foods and hot drinks for immediate consumption, fountain beverages, etc., with less than 10 percent of net retail floor area allocated for the sale of fresh fruits, fresh vegetables, fresh meat and dairy products, and other similar perishable items. Convenience stores are smaller in floor area than supermarkets/grocery stores (typically 4,000 square feet or less) and have long or late hours of operation (open before 7:00 a.m. or after 10:00 p.m.).

Correctional Facility. A facility where people are held, generally as punishment for various crimes.

This includes the detention/incarceration of people awaiting trial and/or who have been convicted of civil or criminal offenses; inmates and detainees under 24-hour supervision by the California Department of Corrections and Rehabilitation; and juvenile detention facilities. This use also includes parole offices.

Court Dwelling. See “dwelling, court”.

Cultivated Agriculture. The planting, growing, and harvesting of crops or plants, or the preparation of land for this purpose, of more than one-half acre of land for viticulture, horticulture, pasturage, floriculture, or similar farming where a crop or final product is produced (but not necessarily offered for sale) for consumption. This use excludes community gardens.

Custom and Artisan Manufacturing. An establishment primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Includes, but is not limited to metalworking, pottery and ceramic studios, film processing, photo finishing, printmaking, lithography, glass furnace, or woodworking.

Data Center. A facility dedicated to the storage of computer and information technology systems and associated components for the storage, retrieval, and transmittal of electronic information.

Drive-Through Facility. A motor vehicle drive-through facility which is a commercial building or structure or portion thereof which is designed and/or used to provide goods and services to drivers while they remain seated in their vehicles. It includes, but is not limited to, banks and other financial institutions, fast food establishments, and pharmacies, but shall not include drive-in movies, service stations, or car wash operations.

Dwelling, Court. A residential development in which there are several freestanding single-family or two-family dwellings with separate walls clustered on a single lot. Units are typically arranged to face around a common open space or drive aisle. If subdivided, a maintenance agreement or homeowners association may govern common areas like driveways or open space.

Dwelling, Multi-Family. A building containing three or more dwelling units.

Dwelling, Single-Family. A dwelling unit designed for occupancy by one household, where all rooms are internally connected and internally accessible via habitable space, located on a separate lot from any other unit (except accessory dwelling units, where permitted), and have only one kitchen. This includes individual manufactured housing units installed on a foundation system pursuant to California Health and Safety Code section 18551, and the use of a single-family residential structure

as employee housing for six or fewer employees consistent with California Health and Safety Code section 17021.5.

Dwelling, Two-Family. A residential building containing two dwelling units, both of which are located on a single parcel. The dwelling units are attached and may be located on separate floors or side-by-side. Excludes accessory dwelling units (see “accessory dwelling unit”).

Elderly and Long-term Care. Establishment that provides 24-hour medical, convalescent, or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed by the California Department of Public Health. Includes, but is not limited to skilled nursing facilities, rest homes, and convalescent hospitals. Does not include a residential care facility or hospital.

Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay as set forth in the California Health and Safety Code section 50801(e), as may be amended.

Employee/Farmworker Housing. As described in California Health and Safety Code section 17021.6 and 17008, any employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household.

Family Child Care Home, Large. As defined by Health and Safety Code section 1596.78, a home in which the provider regularly provides care, protection, and supervision for up to 14 children for less than 24 hours per day.

Family Child Care Home, Small. As defined by Health and Safety Code section 1596.78, a home in which the provider regularly provides care, protection, and supervision for eight or fewer children for less than 24 hours per day.

Farmers’ Market. An establishment offering for sale produce, prepared food items, and other artisan/craft goods and merchandise by certified growers and producers authorized to sell, directly to consumers, products that are produced on land the producer controls or taken in consignment from other producers. Excludes flea markets.

Firearms Dealer. An establishment engaged in the selling, dealing in, trading, or transferring firearms.

Fleet-Based Service. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles. This includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency medical transport, home cleaning services, pedicab services, and similar businesses. This does not include towing operations (see “vehicle storage”), taxi or delivery services with two or fewer fleet vehicles on-site (see “business support services”), facilities that handle third party goods for local or worldwide delivery (see “freight and trucking yard”) or last mile parcel processing/redistribution facilities (see “parcel hub”).

Food and Beverage Processing and Preparation. Cooking, processing, packaging, bottling, and shipping of food products and/or non-alcoholic beverages for off-site sales. This does not include breweries, wineries, and distilleries; the slaughtering of live animals; or large-scale operations (see “commercial agricultural processing plant”).

Freight and Trucking Yard. Facilities that handle third party goods for local or worldwide freight, courier, local messenger, and postal services by truck or rail. This includes fulfillment centers and

parcel sorting centers, which provide storage and distribution of e-commerce products to consumers or end-users, either directly or through a parcel hub.

Fueling Facility, Commercial. A fueling facility designed for commercial customers which dispenses gasoline, diesel, or similar vehicle fuels, and which is not open to the general public, has no cash sales and provides no personal services on-site. This excludes mobile fueling.

Funeral Parlor and Mortuary. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services.

Typical uses include a crematory or mortuary. This use does not include cemeteries.

Grocery Store, Large. Retail establishments that primarily sell food, but also may sell other convenience and household goods, and may include a delicatessen or specialty food shop, baked goods, frozen foods, fruits, vegetables, meats, cheeses, dairy, and prepared food, and which occupy more than 25,000 square feet of gross floor area, but not more than 80,000 square feet of gross floor area.

Grocery Store, Small. Retail establishments with gross floor area less than 25,000 square feet that primarily sell food products, such as fresh fruits and vegetables, meats and seafood, dairy products, baked goods, packaged and prepared foods, and frozen foods, but that may also sell other convenience and household goods. May also include a delicatessen or other specialty food shop.

Group Living Accommodation. A building or portion of a building designed for or accommodating a residential use by persons not living together as a household. This use includes dormitories, convents and monasteries, and other types of organizational housing. This use does not include residential care facilities, nursing homes, hotels, single-room occupancy residences, or boarding houses, which are defined separately. Group living accommodations typically provide shared living quarters without separate kitchen or bathroom facilities for each room or unit.

Guest Ranch. Short-term lodging provided to visitors on property where agricultural activities take place (e.g., animal husbandry, cultivated agriculture) and that is not considered to be another lodging uses.

Home Occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling.

Hospital. A state-licensed facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

Hotel. A commercial establishment providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or fewer, with access to rooms or units primarily from interior lobbies, courts or halls. A hotel may include limited facilities for storage and preparation of food and beverages within individual rooms, such as coffee makers, mini refrigerators and microwave ovens.

Indoor Entertainment. Predominantly spectator uses conducted within an enclosed building. Typical uses include movie theaters, enclosed sports arenas, live performing arts venues, escape rooms, and video game activities and competitions such as e-sports.

Indoor Sports and Recreation. Predominantly participant sports conducted within an enclosed building. Typical uses include indoor bowling alleys, billiard parlors, ice and roller skating rinks, go- kart tracks, indoor shooting ranges, and trampoline parks. Excludes operations where activities are primarily class- or appointment-based such as yoga studios and personal trainers.

Industry, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials, where operations are conducted primarily within an enclosed building. Includes, but is not limited to operations such as biomass energy conversion; textile mills; furniture and related product manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; plastics and rubber products manufacturing; and nonmetallic mineral product manufacturing.

Industry, Heavy. Manufacturing of products that include petroleum products, metals and/or metal processing, and hazardous chemicals. Includes automobile assembly and manufacturing and tire retreading or recapping.

Industry, Light. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. Includes, but is not limited to, operations such as manufacturing finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; mobile home manufacturing; monument works; printing, engraving and publishing; electronics manufacturing not included under advanced manufacturing; and production apparel manufacturing.

Instruction Services. An establishment that offers specialized programs in improvement, information, and personal growth and development such as photography, fine arts, crafts, music, yoga, martial arts, dance, driving schools, health and wellness, and academic tutoring. Attendance is typically limited to hourly classes rather than full-day instruction. These establishments do not grant diplomas or degrees, though instruction may provide credits for diplomas or degrees granted by other institutions. Retail sales are permitted as an accessory use.

Group. Group instruction includes 10 or more students or clients at any one time.

Private/Small Group. Private instruction includes fewer than 10 students or clients at any one time.

Intermediate Processing Facility. A facility that receives, sorts, compresses or bales, and stores recyclable materials for efficient transfer to other processing facilities or to an end user.

Junior Accessory Dwelling Unit. See Accessory Dwelling Unit, Junior.

Kennel. Facilities for keeping, boarding, training, breeding, or maintaining for commercial purposes, four or more dogs, cats, or other household pets more than four months of age and not owned by the kennel owner or operator for 24 hours or more.

Large Format Retail. Retail establishments over 80,000 square feet in size that sell merchandise and/or bulk goods primarily for individual consumption, including, but not limited to, department stores, home improvement stores, membership warehouses which emphasize bulk sales to the general public as well as to other businesses, and other big box format stores. Large format retail uses may include a grocery store sales component. Excludes home improvement stores with outdoor nursery or garden centers (see nursery and garden center).

Library/Museum. Public or quasi-public facilities primarily engaged in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. Includes, but is not limited to aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, and museums. May also include accessory retail uses such as gift/book shops, and restaurants.

Live-Work Unit. An integrated housing unit and working space that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the California Building Code. Living space includes, but is not limited to, a sleeping area, a food preparation area, and a full bathroom. The working space is reserved for and regularly used by one or more occupants of the unit.

Low Barrier Navigation Center. Consistent with California Government Code section 65660, a service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health, shelter, and housing services.

Maintenance and Repair Services. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar large items. This classification excludes maintenance and repair of vehicles or boats (see vehicle repair and maintenance) and personal items such as apparel, shoes, and jewelry (see Repair/Cleaning/General Services, Small).

Massage Establishment. Any establishment having a fixed place of business where any person, firm, association, partnership, corporation, or other entity engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any massage for compensation. Also includes, but is not limited to, any business providing off-premises massage services.

Massage Establishment, Accessory. An establishment that provides massage which is incidental to the primary business, where the owner of the primary business is responsible for the massage services and conduct of the massage technician(s) employed at the location.

Medical Office/Clinic. Office use providing consultation, diagnosis, therapeutic, preventive, or corrective medical treatment services by doctors, dentists, chiropractors, optometrists, psychotherapists, alternative healing practitioners such as acupuncturists, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California.

Incidental medical and/or dental laboratories and research within the office that supports the on- site patient services is considered part of the office use. This use includes urgent care facilities.

Excludes independent research laboratory facilities and hospitals (see medical support laboratory and see hospital).

Medical Support Laboratory. A facility for scientific laboratory analysis of medical resources. The analysis is generally performed for medical providers to support the medical provider's work on behalf of patients.

Microbreweries. A limited production brewery where beer is brewed, sold, and consumed on site and meets all applicable California Department of Alcoholic Beverage Control regulations. This use includes tasting rooms where alcoholic beverages are sold and consumed on site. Food service is subordinate to the sale of alcoholic beverages.

Mini-Storage or Self-Storage. Facilities offering enclosed storage with individual access for personal affects, furniture, and household goods. Typical provided in small individual units (e.g., 400 square feet or less) that are available for rental by the general public.

Mining and Quarrying. An operation that extracts gravel, sand, other construction aggregates, or minerals from the ground. Includes quarries and gravel pits.

Mobile Food Vending. The selling or offering to sell products from a mobile food vehicle, which includes the following uses:

Ice Cream Truck. A motorized vehicle selling ice cream or other frozen dairy or non-dairy dessert products on streets and in other public places.

Mobile Food Park. Site with two or more mobile food vehicles located together on the same parcel and operating at the same time for more than seven consecutive days.

Mobile Food Vending (Individual Vehicle). A motorized, wheeled vehicle or towed vehicle designed and equipped to store, prepare, serve and sell food, but which does not include ice cream trucks or mobile food vending wagons or pushcarts as regulated in Milpitas Municipal Code Subsection V-100-10.11 (Unlawful Parking—Peddlers, Vendors).

Mobile Fueling. A commercial service that offers on-demand fueling of motor vehicles at a specified location instead of at a service station. Mobile fueling may be provided to individual customers via the use of a mobile app, with fuel delivered to a home, office, or other location requested by the customer. Mobile fueling may also be provided for operators of fleet vehicles at a fixed, semi- permanent or permanent location.

Mobile Home Park. A development designed for and occupied by manufactured/mobile housing units consistent with the requirements of California Health and Safety Code section 18200 to 18700.

A mobile home park includes facilities and amenities used in common by occupants who rent, lease, or own spaces for mobile home units/spaces through a subdivision, cooperative, condominium, or other form of resident ownership.

Motel. A building or group of attached or detached buildings providing lodging accommodations for a fee for transient guests, for stays of 30 days or fewer, with access to each room or unit through an exterior door. Motels are distinguished from hotels primarily in that the former provide direct independent access to, and adjoining parking for, guest rooms and do not provide 24-hour guest services.

Multi-Family Dwelling. See “dwelling, multi-family”.

Nursery and Garden Center. An establishment primarily engaged in selling nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown offsite.

This classification includes commercial and wholesale greenhouses and nurseries offering plants for sale.

Outdoor Entertainment. Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include outdoor theaters, partially enclosed sports arenas, racing facilities, outdoor concert facilities, amphitheaters, drive-in movie theaters, aquatic parks, and amusement parks.

Outdoor Sports and Recreation. Predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include commercial driving ranges, outdoor shooting and/or archery ranges, miniature golf courses, golf courses, outdoor go-karts, swimming pools, and tennis courts. This use excludes public golf courses, public swimming pools, and public tennis court or other public sport court facilities (e.g., basketball, pickleball, etc.) (see “park/playground”); and excludes common recreational facilities as accessory to a multi-family residential project or use.

Parcel Hub. A ‘last mile’ facility warehouse or similar establishment for the processing and/or redistribution of parcels or products to end-user customers. A parcel hub’s primary function is

moving a shipment from one mode of transport to vehicles with rated capacities less than 10,000 pounds, for delivery directly to consumers or end-users primarily within a 10-mile radius.

Park/Playground. Parks, playgrounds, trails, wildlife preserves, and related open spaces. This includes public playing fields, sports courts, picnic facilities, and related food concessions or community recreational buildings and structures.

Parking Lot. Open parking area(s) provided on property other than a public street, alley, or right-of- way that is the primary use on the lot (i.e., the parking lot is not providing the required off-street parking for land uses on the lot). May include park and ride lots. Use of the parking lot may be subject to a fee.

Parking Structure. A building or structure containing parking spaces that is the primary use on the lot (i.e., the parking structure is not providing the required off-street parking for land uses on the lot). May be located above or below grade, and use of the parking structure may be subject to a fee.

May include park and ride structures.

Pawnbroker. A place of business where personal property is received and for which money is advanced, with the right of privilege granted to the person to whom said money is advanced to reclaim such property upon repayment of said money.

Personal Services. A commercial establishment which provides services of a personal or aesthetic nature directly to consumers, including but not limited to barber and beauty shops, nail salons, tanning salons, hair removal salons, tattoo and body piercing studios, spa/wellness center (excluding massage establishments), medical spas, and personal trainers.

Pet Day Care and Sales. Facilities for providing non-medical care for four or more dogs, cats, or other household pets not owned by the pet day care owner or operator , included but not limited to grooming services, on a less than 24 -hour basis. This use includes retail sales of household pets and pet supplies, but excludes pet supply stores that do not sell animals or provide on-site animal services.

Also excludes home-based pet day care services for a fee, such as dog walking services.

Primary Processing Facility. A facility that processes recyclable materials and acts as a final destination for recyclable materials.

Public Safety. Facilities providing public safety and emergency response services, including police and fire protection, with incidental storage, training, and maintenance facilities.

Public Utility. Facilities for the production, storage, treatment, transmission and/or distribution of electricity, natural gas, water, wastewater, and telecommunications and other similar essential services. Also includes service facilities, electric transmission and distribution substations, and public utility service centers.

Repair/Cleaning/General Services, Small. A commercial establishment that performs cleaning, repair, and alteration of small consumer and household items, including but not limited to dry cleaning pick- up stores without equipment that uses chemical solvents, laundromats (self -service laundries), photocopying and photo finishing services, tailor shops, watch and jewelry repair, shoe repair, home electronics repair, and locksmiths. Does not include repair of vehicles or boats (see vehicle repair and maintenance), personal services (see personal services), or maintenance and repair of large or bulky items (see maintenance and repair services).

Research and Development (R & D). Industrial or scientific research for the design, development, engineering and testing of high technology, clean technology, industrial, or scientific products. May include limited manufacturing as necessary for the production of prototypes, but excludes the full-

scale manufacturing of final products. May also include storage space for raw materials and/or finished goods that actively supports the primary use.

Residential Care Facility. Consistent with Health and Safety Code section 1502, a facility licensed by the State of California to provide living accommodations and 24-hour care for persons requiring personal services, supervision, protection, or assistance for sustaining the activities of daily living.

Living accommodations are group homes or shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions.

Resilience Hub. A community-serving facility designed to support residents and coordinate resource distribution and services before, during, or after a natural hazard event. Resilience hubs provide information as well as services and supplies, including but not limited to community gathering space, emergency supplies, basic medical care, internet access, and electronic device charging. They are typically outfitted with a solar and back-up battery storage system that can operate off the power grid and maintain power to the facility during grid outages.

Restaurant, Full Service. Restaurants that provide cooked-to-order food and beverage services to patrons who order and are served while seated and pay after eating. Takeout service may also be provided.

Restaurant, Limited Service. Establishments where food and beverages may be consumed on the premises, taken out, or delivered, but where no table service is provided. This includes, but is not limited to cafeterias, fast-food restaurants, carryout sandwich shops, limited-service pizza parlors and delivery shops, self-service restaurants, snack bars, and takeout restaurants. This use includes cafes, coffee shops, and bakeries with a retail storefront component.

Restaurant with Alcohol Service. Either a limited service restaurant that includes beer and wine service for on-site consumption and/or has a separate bar area; or a full service restaurant that includes liquor service for on-site consumption, and/or has a separate bar area.

Retail, Limited. An establishment which offers the sale of a limited line of merchandise that is generally necessary or desirable for everyday living or everyday business activities. Examples include small grocery stores offering primarily prepared or pre-packaged food and beverage items, small drugstores and variety stores, small stationery, office supply stores, shops selling other small household goods, and walk-out retail stores. This classification excludes convenience stores.

Retail Stores, General Merchandise. The retail sale or rental of merchandise not specifically listed under another use definition. This includes department stores, clothing stores, furniture stores, pharmacies, pet supply stores, flower shops (florist), art supply stores, music stores, book stores, and other businesses retailing (or renting) toys, hobby materials, handcrafted items, formalwear, music equipment and instruments, jewelry, cameras, candy, gifts and novelties, electronic equipment, sporting goods, hardware, appliances, antiques, art, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories, excluding vehicle service and installation (see vehicle repair and maintenance). Excludes large format retail and other sales-related uses more specifically described in other use definitions.

Riding Academy and Public Stables. Stables leased for the keeping of horses which may also include areas for horse riding and horse riding lessons.

Salvage and Wrecking. The dismantling of wrecked or decommissioned vehicles, appliances, or other metal products where usable parts are sold for use in operating vehicles and the unusable metal parts are sold to metal-recycling companies.

School, Private. A private institution of learning for students offering instruction in those courses of study required by the California Education Code and maintained in compliance with the standards set by the State Board of Education. This use includes kindergarten, elementary school, middle or junior high school, or high school.

School, Public. A public institution of learning for students offering instruction in those courses of study required by the California Education Code and maintained in compliance with the standards set by the State Board of Education. This use includes kindergarten, elementary school, middle or junior high school, and high school.

Service Station. Any premises used for supplying automotive fuel and oil at retail, direct to the customer, including minor accessories and services for automobiles such as tire air pumps and window washing, but not including automobile repairs.

Short-Term Rental (STR). The use of a dwelling unit, including, without limitation, a single-family, two-family, or multi-family dwelling unit, mobile home, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for a period of 30 or fewer calendar days, counting portions of days as full calendar days.

Single-Family Dwelling. See “dwelling, single-family”.

Single-Room Occupancy (SRO) Residence. A multi-tenant building consisting of single room dwelling units that are the primary residence of its occupants, containing either individual or shared kitchen and bathroom facilities. These units are small, generally less than 350 square feet.

Smoke/Tobacco Shop. A retail establishment primarily engaged in the selling of smoking and tobacco products and accessories, and other products, devices and components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substances. Tobacco products may include but are not limited to cigarettes, cigars, loose leaf tobacco, tobacco pipes, electronic smoking devices and accessories, vaporizers and accessories and any other product, device or component used in the inhalation of tobacco, nicotine or other substance. For the purposes of this definition only, "primarily engaged" means when 30 percent or more of products sold at the retail establishment are smoking and tobacco products and accessories, and other products, devices and components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substance.

Supportive Housing. Consistent with California Health and Safety Code section 50675.14, housing with no limit on length of stay, that is occupied by the target population as defined in U.S.C. section 11302 of Title 42, and that is linked to on -site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

Temporary Use. A use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.

Trade and Vocational School. An establishment where postsecondary education or training is received in a trade or craft, business, commerce, language, or other similar activity or occupational pursuit that is not otherwise described as a college/university, school, or instruction services. This use includes culinary schools.

Transitional Housing. Consistent with California Government Code section 65582, buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program

recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

Transportation Passenger Terminal/Facility. Facilities for passenger transportation operations, including rail stations, bus terminals, and associated service facilities, but does not include terminals serving airports or heliports.

Two-Family Dwelling. See “dwelling, two-family”.

Vehicle Rental. Establishment providing for the rental of automobiles. Includes rental of passenger vehicles and light trucks/vans under 14,000 pounds and incidental repair/servicing and cleaning of rental vehicles. This use does not include car-sharing operations.

Vehicle Repair and Maintenance, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the sale, installation, and servicing of related equipment and parts. This classification includes the servicing and repair of engines, body and fender, transmission, axels, wheels and brake, tire sales and installation, tire treading and recapping, and vehicle painting. Excludes vehicle dismantling or salvaging (see “ salvage and wrecking ”) and tire retreading or recapping (see “industry, heavy” ). All activit ies listed under Vehicle Repair and Maintenance, Minor may also be included in major uses.

Vehicle Repair and Maintenance, Minor. The service and repair of automobiles, light -duty trucks, boats, and motorcycles, including the sale, installation, and servicing of related equipment and parts.

This classification includes the replacement of small automotive parts and liquids as an accessory use to an automotive accessories and supply store, and quick -service oil, tune-up and brake and muffler shops, auto glass sales and replacement, window tinting, stereo and alarm sales, and tire sales where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors, or hazardous materials, and repair of heavy trucks, limousines, or construction vehicles (see “ vehicle repair and maintenance, major ”). It also excludes towing services (see “vehicle storage”) and fueling stations (see “service station”).

Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated incidental repair services and parts sales, but excluding body repair and painting. Includes, but is not limited to, automobile dealers and recreational vehicle sales agencies.

Vehicle Sales, Limited. A small-format showroom for the retail sale of automobiles and light trucks, typically within a retail storefront setting. Uses can i nclude storage of no more than five vehicles onsite for display and/or test driving, which may be stored either indoors or outdoors on the same lot. Incidental vehicle repair services and parts sales are not permitted.

Vehicle Storage. The use of a site for the short- or long -term storage of automobiles, trucks, motorcycles, and/or other vehicles. Includes towing and impound lots.

Vehicle Washing. Washing, waxing, detailing, and/or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.

Veterinary Clinic. Medical care for household pets on a commercial basis with no overnight (24-hour) accommodation of animals.

Veterinary Hospital or Services. Medical care for household pets on a commercial basis with 24-hour accommodation of animals, but does not include kennels. Also includes overnight (24 -hour) accommodation of small animals for grooming services.

Warehousing and Distribution. A facility, primarily within an enclosed building, for the storage of commercial or industrial goods, products and materials and the associated on -site sorting, packing, staging, shipping, receiving, and distributing of goods to wholesale and retail outle ts, including ancillary truck parking and dispatching. Also includes long -term, passive storage of furniture, household goods, or other commercial goods; and of industrial equipment, products, and materials.

Warehousing and distribution facilities may include, but are not limited to, wholesale distribution, distribution centers, moving and transfer storage, cross -dock facilities, package handling centers, order fulfilment centers, and logistics centers. Excludes storage of raw materials and/or finished products as part of an active primary use (e.g., advanced manufacturing uses; general industry uses; light industry uses; research and development uses). Excludes parcel hubs.

Wholesale Sales. The selling and/or distributing of merchandise to retailers; industrial, commercial, or institutional buyers; or other wholesalers; or acting as agents or brokers in the buying and selling of merchandise to or for such entities.

Wireless Telecommunications Facility . A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, telecommunication towers or similar structures supporting the equipment, equipment buildings, parking area and other accessory development. Also see wireless telecommunications terms in Chapter E.2 (Definitions of Terms).

Chapter E.6 Definitions of Sign Terms
This Chapter provides definitions for signs referred to in Chapter C.8 (Signs).

Abandoned Sign. A sign that identifies a business, lessor, owner, product, service, or activity that is no longer on the premises where the sign is displayed.

Changeable Copy. A portion of a permanent sign that is designed so that characters, letters, numbers, or illustrations can be manually or mechanically changed or rearranged without altering the face or surface of the sign.

Flag. A fabric sheet of square, rectangular, or triangular shape that is typically mounted on a pole.

Fluorescent Colors. The range of colors created through a synthetic pigmentation process in which ultraviolet light is absorbed and emitted at a different range within the color spectrum of the individual colors.

Freestanding. A permanent sign that is erected or mounted on its own self-supporting permanent structure or base detached from any supporting elements of a building.

Impact Resistive Plastic. Any plastic material capable of resisting 50 foot pounds of force as tested in accordance with American National Standards Institute (ANSI) and Underwriters Laboratory (UL) 972 Multiple Impact Test or any similar test procedure.

Incidental Sign. A sign which provides incidental information, including security, credit card acceptance, business hours, open/closed, directions to services and facilities, or menus.

Light-Emitting Diode (LED). A semiconductor diode that emits light when a voltage is applied to it.

Logo. A stylized group of letters, words, numbers, or symbols used to represent and distinguish a business or product.

Neon. An illumination source created when a glass tube filled with neon or other similar gas emits light when energized. The tube can be bent to form letters, symbols, or other shapes.

Pan Channel Letters. A specific type of permanent sign letter consisting of a metal pan enclosure fabricated in the shape of a letter. The metal pan enclosure is used to house the lighting and electrical components of the letter and can be mounted directly to wall of a building. The sign face is usually made of colored plastic attached to the metal pan to seal it off from pests and harsh weather.

Pan Channel Letters, Reverse. A specific type of sign letter consisting of a metal pan enclosure fabricated in the shape of a letter, numeral, or other shape in which the metal pan enclosure is used to house the lighting and electrical components of the letter and can be mounted directly to a wall.

The sign face is made of the same solid opaque materials as the sides of the letters so that the front and sides of the sign letters do not emit light (e.g., halo-lit or reverse-lit signs).

Raceway. A metal electrical enclosure that forms a physical pathway for electrical wiring and components. An electric-sign raceway may serve as a visible mounting structure for a wall sign attached to the front of a storefront fascia.

Sign. A structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, provide information in the nature of advertising, provide historical, cultural, archeological, ideological, political, religious, or social information, or direct or attract attention to an object,

person, institution, business, product, service, message, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, or illumination.

Permanent Sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

Awning Sign. Any permanent sign that is part of or attached to an awning, or other fabric, plastic or structural protective cover located over a door, entrance, window, storefront, or outdoor service area.

Billboard Sign. A permanent, l arge format advertising displays or signs intended for viewing from extended distances, generally more than 50 feet.

Blade Sign. A permanent sign mounted to the wall of building by means of a bracket and which is typically hung perpendicular to the wall of the building.

Canopy Sign. A permanent sign that is painted on or mounted to a canopy, typically used to accent building entries.

Directional Sign. A permanent sign erected to inform the viewer of the approximate route, direction, or location of a facility or tenant.

Directory Sign. A permanent sign on a multi-tenant site or building providing information including a list of tenants and occupants, addresses, and suite numbers or a map of the building or complex. These signs are typically internal to a site and oriented to pedestrians or motorists circulating in a parking lot rather than vehicles travelling on a public street.

Electronic Message Sign. A permanent sign or portion of a sign that utilizes computer - generated messages or some other electronic means of changing its characters, letters, numbers, illustrations, display, color, and/or light intensity, including animated graphics and video, by e lectronic or automatic means. A single- or two-color LED sign is not an electronic message sign.

Monument Sign. A permanent freestanding sign, with a solid base that is at least 60 percent of than the width of the sign face.

Post Sign. A permanent sign mounted on either a single post or two or more posts.

Projecting Sign. A permanent sign that is perpendicular to the face of a building and projects outward from the building face.

Service Station Island Canopy Sign. A permanent sign mounted on or under a service station island canopy, including on a fascia.

Wall Sign. A permanent sign attached directly to an exterior wall or fascia of a building or structure, with the exposed face of the sign parallel to the plane of the wall or the fascia to which it is attached.

Window Sign, Permanent. A permanent sign posted, painted, placed, or affixed in, on, or within a window, or otherwise exposed to public view through a window. Also see window sign, temporary.

Portable Sign. A sign not permanently attached to the ground, a building, structure, or other immovable object.

A-Frame or Upright Sign. A portable pedestrian-oriented sign constructed with two sides that is self-supported.

Feather Banner. A portable sign that is taller than it is wide and made of a flexible material (typically cloth, nylon, or vinyl) and mounted to a pole.

Sign Walker. A person attired or decorated with insignia, images, costumes, masks, or other symbols that display messages with the purpose of drawing attention to or advertising for an on-premise activity. Such person may or may not be holding a sign. Sign walkers may be also referred to as human mascots, sign spinners, or human signs.

Window Sign, Temporary. A temporary sign posted, painted, placed, or affixed in, on, or within a window, or otherwise exposed to public view through a window.

Yard Sign, Type I. A small portable sign typically constructed of corrugated plastic and supported on an H-shaped wire frame.

Temporary Sign. A sign intended for limited period of display which is not permanently affixed to a structure or window.

Balloon Sign. A temporary sign that is an air inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or a structure, and equipped with a portable blower motor that provides a constant flow of air into the device. Balloon signs are restrained, attached or held in place by a cord, rope, cable, or similar method. See also the definition for air-activated graphics.

Banner Sign. A temporary sign constructed of cloth, bunting, plastic, paper, or similar material and securely attached to a wall or support structure. Flags are not considered temporary banners.

Yard Sign, Type II. A temporary sign mounted on a single post installed securely in the ground with a small sign hanging from a cross-bar mounted parallel to the ground.

Yard Sign, Type III. A temporary sign that is large and typically wooden which is mounted on two posts installed securely in the ground.

Sign Program. A specific set of design standards established for the purpose of unifying the design and appearance of a variety of signs associated with a multi-tenant or multi-use project, building, or complex of buildings.

Sign Projection. The distance by which a sign extends over public property or beyond the building line.

Sign Surface. The surface of the sign upon, against or through which the message is displayed or illustrated.

S
ECTION 5. REPEAL OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10 T
itle XI, Chapter 10 (Zoning) of the Milpitas Municipal Code is hereby repealed.

S
ECTION 6. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE I, CHAPTER 1, SUBSECTION 4.02
T
itle I, Chapter 1, Subection 4.02 (Titles Contained in the Code) of the Milpitas Municipal Code is hereby amended to read as follows:

I-1-4.02 Titles Contained in the Code
Said Milpitas Municipal Code shall consist of the following titles:

Title I ADMINISTRATION
Title II BUILDING REGULATIONS
Title III BUSINESS AND PROFESSIONS
Title IV FINANCIAL
Title V PUBLIC HEALTH, SAFETY AND WELFARE
Title VI PERSONNEL
Title VII PUBLIC UTILITIES
Title VIII PUBLIC WORKS
Title IX REVENUE AND TAXATION
Title X STREETS AND SIDEWALKS
Title XI PLANNING AND ANNEXATION
Title XII HOUSING
Title XIII ZONING
S
ECTION 7. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE II, CHAPTER 8 T
itle II, Chapter 8 (Fence Regulations) of the Milpitas Municipal Code is hereby amended to read as follows:

Chapter 8 - FENCE REGULATIONS (Repealed. See XIII-C.2.040)

SECTION 8. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE III, CHAPTER 6, SECTION 2

Title III, Chapter 6, Section 2 (Definitions) of the Milpitas Municipal Code is hereby amended to read as follows:

III-6-2 Definitions
Unless a particular provision or its context otherwise requires, the definitions and provisions contained in this Section shall govern the construction, meaning, and application of words and phrases used in this Chapter:
(a) "Act" means the Massage Therapy Act (Business and Professions (B&P) Code Section 4600, et seq.), as amended.
(b) "Applicant" means the permit applicant and each owner. (c) "California Massage Therapy Council" or "CAMTC " means the California Massage Therapy Council established under Business and Professions Code section 4602. (d) "Certified massage practitioner" or "massage practitioner" means a person who is currently certified as a massage practitioner by the CAMTC pursuant to Business and Professions Code sections 4604.1 and/or 4604.2.
(e) "Certified massage therapist" or "massage therapist" means a person who is currently certified as a massage therapist by the CAMTC pursuant to Business and Professions Code section 4604. (f) "Chief of Police" means the Chief of Police of the City of Milpitas Police Department, or his or her designee.
(g) "Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value. In addition to accepting other forms of compensation, a person may be deemed to have received compensation for performing a massage when the massage is offered as part of a membership, as part of a package of services or as incidental to the purchase of a product.
(h) "Employee" means any person hired by a massage establishment who renders any service for the business/owner in exchange for any form of compensation from the business, including independent contractors.
(i) "Managing officer/employee" means a person that can or does have or share ultimate control over the day-to-day operations of a business.
(j) "Massage" means any method of treating the external parts of the body, usually with the hands, so as to stimulate circulation and make muscles or joints supple, or relieve tension, for remedial, or health purposes offered in return for any form of compensation. Methods of massage include, but are not limited to, stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with or without the aid of any mechanical or electrical apparatus or appliances.

Massage may occur w ith or without supplementary aids, such as rubbing alcohol, liniments,

antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice; or by baths, including but not limited to, Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. Massage includes the application of various manipulation or touch techniques to the muscular structure and soft tissues of the human body as defined in the Act, Business and Professions Code section 4601(e), and recognized as legitimate by CAMTC.
(k) "Massage establishment" means any establishment having a fixed place of business where any person, firm, association, partnership, corporation or other entity engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any massage for compensation. For the purpose of this Chapter, the term "massage establishment" shall also include, but not be limited to, any business providing off-premises massage services.
(l) "Massage technician" means and includes both a "massage practitioner" and a "massage therapist" as defined by this Chapter.
(m) "Off-premises massage service" means any business where a function of such business is to engage in or carry on massage, not at a fixed location but at a location designated by the customer, massage technician, or other person, and sometimes known as an out-call massage service. (n) "Owner" means any individual who has any direct or indirect ownership interest in a massage establishment.
(o) "Permit" means a Massage Establishment Permit issued pursuant to this Chapter. For purposes of this Chapter, the term "permit" shall not be used to refer to a business license issued by the Finance Department or to any permit or approval issued pursuant to Milpitas Municipal Code Title XIII, unless the specific context provides otherwise.
(p) "Permittee" means the applicant and each owner(s) who has been issued a massage establishment permit or off-premises massage service permit.
(q) "Rent-space massage therapist" means a person who provides massage at a massage establishment but is not an employee of the business.
(r) "Sole provider" means a massage business where the owner owns 100 percent of the business, is the only person who provides massage for compensation at or for that business, and has no other employees, independent contractors or rent-space massage therapists.

SECTION 9. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE III, CHAPTER 6, SECTION 6

Title III, Chapter 6, Section 6 (Massage Establishment Permit) of the Milpitas Municipal Code is hereby amended to read as follows:

III-6-6 Massage Establishment Permit
(a) Any person desiring to obtain a Massage Establishment Permit shall file a written application with the Chief of Police on a form provided by the City. At the time of filing an application for a Massage Establishment Permit, applicants shall pay a non-refundable fee in an amount established by resolution of the City Council.

(b) The application and fee required under this Section shall be in addition to any license, permit or fee required under any other chapter of this Code or any other regulation of the City of Milpitas. (c) The application for a Massage Establishment Permit does not authorize a massage establishment to operate until such permit has been issued. The massage establishment shall also obtain any approvals or permits required by Title XIII (Zoning Ordinance) of this Code. (d) The applicant for a permit, each owner of the massage establishment and the managing officer/employee shall submit the following information under penalty of perjury:
(1) The full true name under which the business will be conducted. (2) The present or proposed address where the business is to be conducted. (3) The full, true name, other names used, date of birth, California driver's license number or California identification number, social security number (unless prohibited by law), present home address and home telephone number.
(4) The sex, height, weight, color of hair, and color of eyes. (5) Proof that the applicant is at least eighteen (18) years of age. (6) The previous two (2) residences and the inclusive dates at each address. (7) The business, occupation, and employment history for ten (10) years preceding the date of application, and the inclusive dates of same.
(8) The massage permit history, including: whether such person has ever had any such permit or license issued by any agency, board, city, county, territory, or state; the date of issuance of such a permit or license; whether the permit or license was revok ed or suspended or other disciplinary action taken and the reason therefor.
(9) All convictions for any crime involving conduct which requires registration under California Penal Code Section 290, convictions under California Penal Code Sections 266i, 314, 315, 316, 318, 647(a), 647(b), or 415 as a result of an arrest for 647(b) ( as now written or as amended), or convictions of crimes designated in Government Code Section 51032 (as now written or as amended), including any felony involving the sale of a controlled substance specified in Sections 11054-11058 of the California Health and Safety Code (as now written or as amended), or convictions of any crime involving dishonesty, fraud, deceit, violence or moral turpitude, and any outstanding warrants for arrest and any pending criminal case.

Convictions that have been expunged must be reported.
(10) All convictions for crimes under the laws of any other state or country which proscribe the same conduct or similar conduct as the California crimes designated in Section 6(d)(9).

Convictions that have been expunged must be reported.
(11) All injunctions that have been issued against the applicant for nuisances under California Penal Code Section 11225 or for nuisances issued under similar laws of other states. (12) A complete description of all services to be provided. (13) A register that lists all massage technicians providing massage at or through the business, whether as employees, independent contractors and rent -space therapists, and each such person's state certificate number, home address, date of hiring, and whe ther the massage technician will be performing outcall massage. For each proposed massage technician, a copy

of that person's current certification from the CAMTC as a certified massage practitioner, certified massage therapist, or conditionally certified massage practitioner and a copy of that person's CAMTC-issued identification card.
(14) The name, address, date of birth, California driver's license number or California identification number, social security number (unless prohibited by law), of each other employee who is or will be employed in the massage establishment.
(15) The name and address of any other massage business or other like establishment owned or operated by any person whose name is required to be given pursuant to this section. (16) If the applicant is a corporation, limited liability company or other entity type, the name of the corporation or company shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation and the names and home addresses of each of its current officers and directors, and of each stockholder or member. (17) If the applicant is a partnership, the application shall set forth the name and home address(es) of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the Secretary of State.

If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporate applicants shall apply to the corporate partner as well. (18) The name of the owner or employee designated by the applicant who shall act as the managing officer/employee. Such person shall complete and sign all application forms required of an individual applicant under this Chapter. The managing officer/employee must, at all times, meet all of the requirements set for permittees by this Chapter or the permit shall be suspended until a managing officer/employee who meets such requirements is designated. If no such person is designated within ninety (90) days, the permit is deemed canceled and a new application for permit must be filed.
(19) For each applicant or owner who is not CAMTC certified, fingerprints must be furnished at a place designated by the Chief of Police. Any fee required for fingerprinting fee will be the responsibility of the applicant.
(20) Two (2) photographs of the applicant, each owner and managing officer/employee to be taken by the Police Department.
(21) A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant or owners. (22) The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his or her property. (23) Authorization for the City of Milpitas, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application. (24) Proof of massage malpractice insurance in the sum of not less than one hundred thousand dollars ($100,000.00) per licensed massage technician employed at the massage establishment up to a maximum of five hundred thousand dollars ($500,000.00). This re quirement may be satisfied by malpractice insurance being provided in the name of individual massage technicians.

(25) The applicant shall notify the Chief of Police of any change of address or fact that may occur during the process of applying for a permit.
(e) Processing of Application and Investigations
(1) The Chief of Police shall have up to sixty (60) days after submission of all required information, including the required certificate of occupancy, to investigate the application and the background of the applicant, provided said sixty (60) days may be extended for such period as may be necessary to obtain fingerprint records from the appropriate state agency. (2) Upon receipt of an application for a new massage establishment, the Chief of Police shall refer the application to the City's applicable departments, which shall review the application and if necessary, inspect the premises to ensure that the operation of the business at the designated site will comply with the provisions of this Chapter and the City's zoning, building, fire and safety standards, and any other applicable codes. If any permit or approval is required for the massage establishment pursuant to Title XI II (Zoning Ordinance) of this Code, the applicant shall comply with such requirements.
(f) Grounds for Denial. Upon the completion of the investigation, the Chief of Police shall grant the permit, with or without conditions, if the Chief of Police finds in the exercise of his or her discretion all of the following:
(1) The required fee has been paid.
(2) The application conforms in all respects to the provisions of this Chapter and to all other laws. (3) The applicant has not made a material misrepresentation in the application. (4) The applicant, each owner and the managing officer/employee has not, within ten (10) years preceding the submission of the application, been convicted of, or pleaded guilty or no contest to, conduct which is a violation of the provisions of California Penal Code Sections 266i, 314, 315, 316, 318, 647(a), 647(b) or 415 as a result of an arrest for 647(b) (as now written or as amended), or of any crime designated in California Government Code Section 51032 (as now written or as amended), including any fel ony involving the sale of a controlled substance specified in Sections 11054—11058 of the California Health and Safety Code (as now written or as amended), or of any other crime involving dishonesty, fraud, deceit, violence or moral turpitude, or has not been enjoined under California Penal Code Section 11225 through 11235 (as now written or as amended). Convictions under the laws of other states or countries which proscribe the same or similar conduct as the California crimes stated above shall also be considered.
(5) The applicant, each owner and the managing officer/employee is not required to register under the provisions of California Penal Code Section 290.
(6) Within five (5) years preceding application, the applicant, owner(s) or managing officer/employee has not had a massage establishment permit, massage practitioner permit, or other similar permit or license revoked or suspended by the City of Milpitas, or any other state or local agency, and has not been subject to discipline by any state or local agency for conduct that would be grounds for revocation of a permit under this Chapter. (7) The applicant, each owner and the managing officer/employee is at least eighteen (18) years of age.

(8) The permit as requested by the applicant would comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and operating standards. (g) Notice to applicant of Grant or Denial of Application. The Chief of Police, or authorized representative, shall give written notice to the applicant of the grant or denial of the application for a permit. If the application is denied, the notice shall advise the applicant of the reasons for the denial and his/her right to appeal through the pro cedures set forth in Section III -6-18. The Chief of Police may delay issuance of the permit if the applicant is being prosecuted for a violation of any of the Penal Code sections specified in Section III -6-6(f)(4) until final adjudication. If the applicant pleads guilty, pleads no contest, or is found guilty, the Chief of Police shall deny the application.

SECTION 10. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE III, CHAPTER 6, SECTION 11

Title III, Chapter 6, Section 11 (Change of Location) of the Milpitas Municipal Code is hereby amended to read as follows:

III-6-11 Change of Location
A change in the location of a massage establishment must be submitted for approval by the Chief of Police, the Planning Director, and the Fire Chief, or their designated representatives. A change in the location of a massage establishment may require approval in accordance with the provisions of Milpitas Municipal Code, Title XIII (Zoning Ordinance). If the Chief of Police, in his or her discretion, determines that the new location satisfies the requirements of this Chapter, the existing Massage Establishment Permit shall be amended for the new location. A fee, as set by resolution of the City Council, shall be paid to the City to cover the cost of the investigation by the Chief of Police (or his or her authorized representative) necessitated by each change of location.

SECTION 11. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE III, CHAPTER 13, SUBSECTION 2.01

Title III, Chapter 13, Subsection 2.01 (Hotel) of the Milpitas Municipal Code is hereby amended to read as follows:

III-13-2.01 Hotel:
"Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, dormitory, public or private club, a mobilehome as defined in Health and Safety Code section 18008 located outside a mobilehome park or other similar structure or portion thereof at a fixed location in the City of Milpitas. "Hotel" shall not include a timeshare estate as defined by Business and Professions Code section 11003.5, a membership camping contract as defined by Civil Code section 1812.300, or a mobilehome located within a mobilehome park, as defined in Title XIII, Chapter E.4 of the Municipal Code.

SECTION 12. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V , CHAPTER 3, SUBSECTION 2.06

Title V, Chapter 3, Subsection 2.06 (Permit Approval) of the Milpitas Municipal Code is hereby amended to read as follows:

V-3-2.06 Permit Approval
No permit as required in Title XIII (Zoning) of the Municipal Code of the City of Milpitas shall be issued for any building which is not to be connected to an approved public sanitary sewer, without the written approval of the Health Officer of the plan of the means of sewage disposal for said building.

SECTION 13. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V , CHAPTER 100, SUBSECTION 10.11

Title V, Chapter 100, Subsection 10.11 (Unlawful Parking – Peddlers, Vendors) of the Milpitas Municipal Code is hereby amended to read as follows:

V-100-10.11 Unlawful Parking—Peddlers, Vendors

10.11-1 Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon or push-cart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street within this City, except that such vehicles, wagons or push- carts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place.

The provisions of this Subsection shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or other fixed place of business or distribution.

10.11-2 Application
(a) The provisions of V-100-10.11-5 shall be applicable to any vehicle, wagon or push-cart, to which V-100-10.11-1 applies.
(b) The provisions of this Section V-100-10.11 shall not apply to mobile food vehicles as defined in Chapter XIII-E.4.

SECTION 14. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V , CHAPTER 210, SUBSECTION 7.01

Title V, Chapter 210, Subsection 7.01 (Animals in Residential Areas) of the Milpitas Municipal Code is hereby amended to read as follows:

V-210-7.01 Animals in Residential Areas
Except as otherwise provided herein, it shall be unlawful for any person to own, possess, have in custody or control, or to maintain any animal upon any lot in any residentially zoned district (pursuant to the

provisions of Title XIII of the Milpitas Municipal Code) when that lot is located within three hundred feet (300′) of any residential building owned by someone other than the owner or custodian of said animal or the tenant of said owner or custodian.

SECTION 15. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V , CHAPTER 210, SUBSECTION 7.02

Title V, Chapter 210, S ubsection 7.02 (Exceptions to Animals in Residential Areas ) of the Milpitas Municipal Code is hereby amended to read as follows:

V-210-7.02 Exceptions to Animals in Residential Areas
The ownership, possession, custody, control, or maintenance of the following animals is permitted:

7.02-1 Dogs and Cats. Dogs and/or cats, as defined in Section V -210-2, are allowed in a number not to exceed a combined total of four (4) dogs and/or cats over the age of four (4) months. No household may contain more than one (1) unspayed female dog or one (1) unspayed female cat. Unless an owner provides evidence of spaying, there shall be a rebuttable presumption that a female dog or cat is unspayed.

Written certification from a licensed veterinarian that an animal cannot be spayed for health reasons or is incapable of breeding shall be deemed a satisfactory substitution for a certificate stating that an animal is spayed. Authorized volunteers of City of Milpitas permitted animal adoption organizations who provide shelter to stray animals in their own homes may have up to a combined total of seven (7) dogs and/or cats over the age of four (4) months at their homes at any one time.

7.02-2 Birds. Any bird, continuously kept caged and within the confines of a dwelling house, is allowed. The ownership of more than twenty (20) birds at one time is not allowed. (a) A maximum of six (6) chickens may be kept outdoors in the backyard of a residential property for the personal use of and care by the occupants of the residence. Any outdoor coop or other enclosure for the keeping of chickens shall comply with the setba cks and other development standards for accessory structures that are required in the applicable zoning district, per Section XIII-C.2.020.

7.02-3 Mice, Rabbits, Hamsters, Etc. Any mouse, rabbit, guinea pig, hamster, squirrel, or animal of like size or species, continuously kept caged and within the confines of a dwelling house, is allowed. The ownership of more than ten (10) such animals at one time is not allowed.

7.02-4 Animals in a Terrarium or Aquarium. Any animal continuously confined to a terrarium or aquarium and within the confines of a dwelling house is allowed.

7.02-5 Animals for Which a Permit has been Obtained. Any animal for which a permit has first been obtained pursuant to the provisions of this Section is allowed.

SECTION 16. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V , CHAPTER 213, SECTION 3

Title V, Chapter 213, Section 3 (Unlawful to Create or Permit Disturbing Noise) of the Milpitas Municipal

Code is hereby amended to read as follows:

V-213-3 Unlawful to Create or Permit Disturbing Noise
(a) Residential Zone Regulations.

3.01 Except as permitted in Section V -213-3(b), it shall be unlawful for any person in any district zoned for residential use (under the provisions of Title XIII of the Milpitas Municipal Code) to make, continue, maintain, permit or cause to be made, continued, maintained, or permitted any Disturbing Noise that increases the noise exposure level by three dB over the local ambient noise level measured from the property line of the noise source, or more than 65 dB measured from the property line of the noise source, whichever is more restrictive.

3.02 Except as permitted in Section V -213-3(b), it shall be unlawful for any person who owns, possesses, or controls any real property in any district zoned for residential use (under the provisions of Title XIII of the Milpitas Municipal Code) to make, co ntinue, maintain, permit or cause to be made, continued, maintained or permitted any Disturbing Noise that increases the noise exposure level by three dB over the local ambient noise level measured from the property line of the noise source, or more than 65 dB measured from the property line of the noise source, whichever is more restrictive.

3.03 Notwithstanding any other provision of this Chapter and in addition thereto, it is unlawful for any person or any person who owns, possesses, or controls real property in any district zoned for residential use (under provisions of Title XIII of the Milpitas Municipal Code) to make, continue, maintain, permit, or cause to be made, continued, maintained or permitted any Disturbing Noise. It shall be prima facie violation of this Section if any Disturbing Noise is audible during the hours of 10:00 p.m. to 7:00 a.m. from a distance of 50 feet from the property line of the noise source or from a distance of 100 feet from any nonstationary noise source. It shall also be prima facie violation of this Section if any Disturbing Noise is audible during the hours of 7:01 a.m. to 9:59 p.m. from a distance of 100 feet from the property line of the noise source or any nonstationary noise source.

3.04 The above prohibition against making, continuing, maintaining or permitting any Disturbing Noise in any district zoned for residential use shall not apply to the authorized collection of solid waste, recyclables, and/or yard trimmings by an authorized collector beginning at 6:00 a.m. (b) Outdoor Music Regulations for Commercial and Mixed Use Zones.

3.05 Outdoor music shall be permitted on real property in the C1, C2, TC, MXD and MXD3 zoning districts (per Title XIII of the Milpitas Municipal Code) as an accessory use to a restaurant or bar that is a principal permitted use or approved conditional use. Outdoor music shall be permitted between the hours of 9:00 a.m. and 11:00 p.m.

3.06 Except as provided below in Subsection V -213-3(b) 3.06(1), noise levels for outdoor music as an accessory use shall not exceed 70 -90 dB measured from the property line of the parcel on which the outdoor music occurs. See also "Table B.6.020-A - Commercial Zone Use Regulations" in Title XIII, Section B.6.020 and "Table B.8.020-A - Mixed Use Zone Use Regulations " in Title XIII, Section B.8.020. (1) For any parcel in a C1, C2, TC, MXD, or MXD3 zoning district that is located within 100 feet of a parcel in a R1 or R2 zoning district, noise levels for outdoor music as an accessory use shall not exceed 65 dB measured from the property line of the parcel on which the outdoor music occurs. (2) For residential uses in the MXD and MXD3 zoning districts, it is recognized that ambient noise from outdoor music that is permitted as an accessory use to a restaurant or bar is a normal

condition inherent to a mixed-use, urban living environment; therefore accessory outdoor music at a restaurant or bar shall not be subject to the noise restrictions in Section V -213-3(a) 3.01 and

3.02 in the case of residential uses in the MXD and MXD3 zones. (c) Site Construction Regulations.

3.07 No person shall engage or permit others to engage in construction of any building or related road or walkway, pool or landscape improvement or in the construction operations related thereto, including, delivery of construction materials, supplies, or improvements on or to a construction site except within the hours of 7:00 a.m. to 7:00 p.m. on weekdays and weekends. No construction work shall be conducted or performed on the holidays indicated in Section V-213-2-2.05 of this Chapter.

3.08 Exemption from Off -Site Construction Regulations. Exempt from the Off -Site Construction Regulations of this article are as follows:
(1) Emergency construction and repair that is necessary for protection of life and property, (2) Operation preempted from local regulation by state law, such as construction of public school buildings,
(3) Furnishing utility-type service including construction and maintenance of utility facilities, (4) Any work on an existing single -family or duplex (two- family) dwelling undertaken by the property owner,
(5) Operation to construct and maintain facilities within the public right-of-way as deemed necessary by the Public Works Director, and
(6) Any other circumstances where the City Manager deems that an exemption would be appropriate.

SECTION 17. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII, CHAPTER 1, SUBSECTION 8.02

Title VIII, Chapter 1, S ubsection 8.02 (Installer) of the Milpitas Municipal Code is hereby amended to read as follows:

VIII-1-8.02 Installer

8.02-1 Each installer shall:
(a) Install at his own expense all in-tract and perimeter local services main and valves, and off-site facility as required by City (see 8.02-4).
(b) Pay connection fees as provided in Subsection 7.01.

8.02-2 In-tract excess size mains and facilities: City may require an installer to in -tract excess size mains and facilities. If excess size mains or facilities are required, said installer shall be entitled to a credit for excess costs (as established by Subsection 8.05) incurred thereby in accordance with the provisions of Subsection 8.03-1.

The credit referred to herein (after set-offs to which City is entitled) shall be subject to reimbursement pursuant to a reimbursement agreement as hereafter provided and subject to the conditions hereafter provided.

8.02-3 Perimeter mains: Provided, however, said agreement shall provide for reimbursement to installer of only one -half of the cost of the perimeter mains and facilities. Reimbursement shall be computed on the basis of the front footage of land that develops along the perimeter main in proportion to the total footage of the perimeter main itself.

8.02-4 Water main extension and facilities: If installer installs a water main extension, said installer shall be entitled to apply to the City for reimbursement pursuant to a reimbursement agreement. Said agreement shall provide for reimbursement for the cost of the mains and facilities. Reimbursement shall be computed on the basis of the front footage of land that develops along the water main extension in proportion to the total footage of the water main extension itself.

8.02-5 Provided, however, that installer shall not be entitled to receive reimbursement for front footage fees from land which cannot be served by his perimeter main or water main extension as the result of some barrier such as a State freeway, railroad tr ack, flood control channel or City sphere of influence boundary line.

8.02-6 An installer in the gravity zone shall be entitled to reimbursement only if the excess costs as described in this section are more than the acreage fees said installer is required to pay as a connector in which event reimbursement shall be computed as follows:

Excess costs + $ A
Minus acreage fees — $ B
Equals Total Amount subject to reimbursement = $ C

8.02-7 Hillside Zone Facilities: Each installer of water facilities serving a hillside zone may be required by the City to install mains and facilities which not only benefit said installer's lands, but benefit other lands. In the event of the installation of such improvements, City may establish a hillside benefit district (see 8.03) requiring other connectors to pay a dwelling unit benefit fee (see 7.01-3). City may enter into a reimbursement agreement with installer, providing reimbursement of a portion of the cost of such improvements. The amount to be reimbursed shall be that portion of the cost of improvements equal to the difference between the amount it would have cost the installer to install such improvements to serve installer's land and the actual cost of such improvements.

8.02-8 Nothing herein contained shall be construed to relieve said hillside connector of any responsibility for payment of any fees hereunder in the event of a density transfer pursuant to the provisions of Title XIII of the Milpitas Municipal Code in connection with the land served by water mains provided that an installer who has entered a reimbursement agreement with City, shall not have any benefit under said reimbursement agreement impaired by virtue of any density transfer in connection with land providing fees used to make reimbursement under said agreement.

SECTION 18. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE X , CHAPTER 1, SECTION 2

Title X, Chapter 1, Section 2 (Intent) of the Milpitas Municipal Code is hereby amended to read as follows:

Section 2 Intent

The City Council hereby declares it to be its intent in enacting this Ordinance to require any person or persons who propose to erect, construct, alter, enlarge, convert, move or maintain any building or structure for which a building permit is required under and pursuant to the ordinances of the City of Milpitas on or upon any land adjacent to an unimproved street or who seeks to change the use of any land which includes or is adjacent to an unimproved street, to improve or agree to improve said street as herein required by the installation of such of the following improvements as may be necessary: curb, gutter, driveway, sidewalk, drains, street paving, and street lights, and where indicated, the dedication and improvement of service roads, facilities for off -street parking, alleys, easements for public utilities, drainage, walkways, water-courses, planting strips and non-access facilities. It is the further intent of the City Council that said improvement or agreement shall be a condition precedent to the issuance of any required building permit, site development permit, use permit, or variance approval or rezoning.

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ECTION 19. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE X , CHAPTER 1, SUBSECTION 3.02
T
itle X, Chapter 1, Subsection 3.02 (Permittee) of the Milpitas Municipal Code is hereby amended to read as follows:

X
-1-3.02 Permittee
As used herein, the term "Permittee" shall mean any individual, co -partnership, association, corporation, governmental body or unit or agency (other than the City of Milpitas) or any other entity owning or occupying land adjacent to an unimproved street, or unimproved streets, in the City of Milpitas who is required to have a building permit from the City of Milpitas in order to erect, construct, alter, convert, enlarge, move or maintain any building or structure upon said land, or who is required to have a site development permit, use permit, or variance approval or a rezoning in order to change the use of land in the City of Milpitas.

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ECTION 20. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE X , CHAPTER 1, SUBSECTION 4.02
Title X, Chapter 1, Subsection 4.02 (Chapter not Limiting to the Power of the City Council) of the Milpitas Municipal Code is hereby amended to read as follows:

X-1-4.02 Chapter not Limiting to the Power of the City Council Nothing contained in this Chapter shall be construed to limit the power of authority of the City Council of the City of Milpitas to impose requirements and conditions upon the rezoning of land (under and pursuant to the provisions of Ordinance No. 38.858, enacted as Title XIII, of the Milpitas Municipal Code, and amendments thereto,) in addition to those authorized by this Chapter. The City Council of the City of Milpitas declares that in enactin g this Chapter is expressly reserves th e r ight to impose reasonable requirements and conditions upon the rezoning of land (regardless of whether the same are described herein), and the enactment of this Chapter is not intended to be a limitation upon said power.

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ECTION 21. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE X , CHAPTER 1, SUBSECTION 8.01

Title X, Chapter 1, Subsection 8.01 (Required Improvements Prior to Issuance of a Building Permit) of the Milpitas Municipal Code is hereby amended to read as follows:

X-1-8.01 Required Improvements Prior to Issuance of a Building Permit As a condition precedent to obtaining a building permit from the City of Milpitas under and pursuant to the provisions of Ordinance 65, enacted as Chapter I, Title II of the Milpitas Municipal Code, and amendments thereto, and as a condition precedent to obtaining a site development permit, use permit, or variance approval or a re-zoning under and pursuant to the provisions of Ordinance No. 38.858, enacted as Title XIII of the Milpitas Municipal Code, and amendments thereto, any Permittee who proposes to erect, construct, alter, enlarge, convert, move or maintain any building or structure on or upon any land adjacent to an unimproved street or who seeks to change the use of any land which includes or is adjacent to an unimproved street, shall make provision for those matters hereafter set forth in this Chapter.

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ECTION 22. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE X , CHAPTER 1, SUBSECTION 9.01
Title X, Chapter 1, Subsection 9.01 (Requirements) of the Milpitas Municipal Code is hereby amended to read as follows:

X-1-9.01 Requirements
As a condition precedent to obtaining a building permit from the City of Milpitas under and pursuant to the provisions of Ordinance No. 65, enacted as Chapter 1, Title II of the Milpitas Municipal Code, and amendments thereto, and as a condition precedent to obtaining a site development permit, use permit, or variance approval or a re-zoning under and pursuant to the provisions of Ordinance No. 38.858, enacted as Title XIII of the Milpitas Municipal Code, and amendments thereto, any Permittee who proposes to erect, construct, alter, enlarge, convert, move or maintain any building or structure on or upon any land (or who seeks to change the use of said land) which includes or is adjacent to a street which has been improved by the City of Milpitas, in whole or in part, after January 26, 1954, shall, in addition to meeting the other requirements of this Chapter:

9.01-1 Pay the City a sum computed in accordance with the schedules set forth in subsection X -1-

10.05 of this Chapter for such improvements as the City of other public entity shall have theretofore installed (e.g., curbs, gutters, driveways, sidewalks, fire hydrants, drains, street paving and street lights); and

9.01-2 Pay the City such sum as the City or other public entity shall have paid to acquire the land upon which the improvements were installed.

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ECTION 23. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE X , CHAPTER 3, SUBSECTION 2.02
T
itle X, Chapter 3, Subsection 2.02 (Permittee) of the Milpitas Municipal Code is hereby amended to read as follows:

X-3-2.02 Permittee
As used herein, the term "Permittee" shall mean any individual, partnership, association, corporation, trust, governmental body, or unit or agency (other than the City of Milpitas) or any other entity owning or occupying land adjacent to an unimproved street, or unimproved streets, in the City of Milpitas in order to erect, construct, alter, convert, enlarge, move or maintain any building or structure upon said land, or who is required to obtain a site development permit, use permit, or variance approval to change the use of land in the City of Milpitas or who seeks to rezone land in the City of Milpitas.

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ECTION 24. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE X , CHAPTER 3, SUBSECTION 2.03
T
itle X, Chapter 3, S ubsection 2.03 ( Development Permit ) of the Milpitas Municipal Code is hereby amended to read as follows:

X-3
-2.03 Development Permit
As used herein, the term "Development Permit" shall apply to any of the following:

1. Building permit pursuant to the provisions of Chapter 1, Title II, of the Milpitas Municipal Code.

2. Site development permit, use permit, or variance approval pursuant to Title XIII of the Milpitas Municipal Code.

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ECTION 25. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE X , CHAPTER 3, SUBSECTION 6.00
T
itle X, Chapter 3, Subsection 6.00 (Rezoning to “Agricultural” Classification) of the Milpitas Municipal Code is hereby amended to read as follows:

X-3
-6.00 Rezoning to "Agricultural" Classification
The rezoning of a parcel of land under the provisions of Title XIII of the Milpitas Municipal Code to "Agricultural A" classification will not require either the dedication or improvement of land pursuant to this Chapter, but said dedication and improvement shall be postponed until a development permit or rezoning to a classification other than "Agricultural A" is subsequently sought for said land.

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ECTION 26. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI T
he Name of Title XI (Zoning, Planning and Annexation) of the Milpitas Municipal Code is hereby amended to read as follows:

T
itle XI – PLANNING AND ANNEXATION
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ECTION 27. A DDITION OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 14 T
itle XI, Chapter 14 (Public Art Requirements for Private Development) is hereby added to the Milpitas

Municipal Code to read as follows:

C
hapter 14 – PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENT XI-14
-1.01 Definitions
"Affordable Housing" means either, as the context indicates, a residential development, as defined in Section XII-1-2.15 of this Code, or affordable units, as defined in Section XII-1-2.04 of this Code, that comply with the Milpitas Affordable Housing Ordinance (Title XII, Chapter 1 of this Code), including by providing sufficient dwelling units at an affordable housing cost, as defined in Section XII- 1-2.02 of this Code, with sufficient resale controls and/or rent restrictions, as defined in Section XII-1-

2.14, to ensure the continued restriction of affordable units. "Building Development Costs" means those construction costs as declared on building permit applications, and as accepted by the Building Official. Building permit applications shall include building, plumbing, mechanical and electrical permit applications for the project. "Developer and/or Owner" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality (other than the City of Milpitas), industry, public or private corporation, or any other entity that undertakes any construction within the City subject to the requirements in this Chapter 14.
"Public Art" is a process which results in the incorporation of original works of art by artists in publicly accessible spaces and which serves a socio-environmental function identifiable with people; is accessible to the mind and the eye; is integral to the site and responds to the concept of place making; is integrated with the work of other design professionals; is of high quality; serves the City by enhancing the quality of life for citizens and contributes to the City's prestige; is unique to its moment in time and place.
"Public Art Program In-Lieu Contribution" means the percentage of Building Development Costs required herein.
"Public Art Projects" are projects which involve artists working through the public art process that result in the creation of original works in publicly accessible spaces that include but are not limited to paintings, mural decorations, inscriptions, stained glass, fiber work, statues, reliefs or other sculpture, monuments, fountains, arches, or other structures intended for ornament or commemoration, carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, crafts both decorative and utilitarian in clay, fiber, wood, metal, glass, plastics and other materials. Public Art Projects also include artists serving on design and development teams to identify opportunities to incorporate art in publicly accessible space.
"Publicly Accessible Art" means art that is accessible to the general public.

XI-14-1.02 Purpose and Intent
This Chapter 14 is intended to promote the aesthetics and arts in the City of Milpitas by requiring the inclusion of a public artwork component in new private development projects in Milpitas. A policy is hereby established to require certain private developments to include Publicly Accessible works of art for placement on the development site or contribute a Public Art Program In-Lieu Contribution as a condition of project approval. Developers and/or Owners are encouraged to employ Milpitas artists or arts organizations to fulfill the Public Art requirement.

XI-14-1.03 Contribution Requirements
A. Calculation.

1. Nonresidential Building Developments. Private nonresidential building developments involving 2,000 square feet or more of new floor area shall devote an amount not less than one-half of one percent of Building Development Costs for acquisition and insta llation of Publicly Accessible Art on the development site.

2. Residential Building Developments. Private residential building developments of 20 or more new dwelling units shall devote an amount not less than one -half of one percent of Building Development Costs for acquisition and installation of Publicly Accessible Art on the development site.

B. Public Art Review. All proposed Public Art to be installed on a development site under this Chapter 14 shall first be reviewed and approved by the Art Commission for its artistic value and appropriateness in light of the size of the development project. The cost of the proposed Public Art shall not be the sole reason for rejecting the proposed Public Art.

C. In-Lieu Contribution.

1. At the discretion of the Developer and/or Owner, in lieu of installing on- site Public Art, the Developer and/or Owner may provide a Public Art Program In- Lieu Contribution to be deposited into the Public Art Fund for acquisition and placement of Public Art throughout the City.

2. The Art Commission may allow a Developer and/or Owner to satisfy the public art requirement by a combination of installing Publicly Accessible Art on the development site and make a Public Art Program In-Lieu Contribution if the Art Commission determine s that the location, siting or scale of the development site makes the installation of Publicly Accessible Art inappropriate or impossible for the purposes of satisfying the one percent requirement for installing Publicly Accessible Art on the development site.

D. Subsequent Removal of Public Art or Alternative Compliance Space. If the Developer and/or Owner satisfies the Public Art requirement in accordance with subsection (A)(1), (A)(2), above, the Public Art previously installed on the development site may only subsequently be removed if the Developer and/or Owner makes a Public Art Program In-Lieu Contribution equivalent to the original amount to the Public Art Fund.

E.

Exclusions. The requirements of this Chapter 14 shall not apply to an Affordable Housing development with a minimum of 20 percent Affordable Housing units the Developer and/or Owner demonstrates to the satisfaction of the City Council that said requirements would cause the development project not to be economically feasible.

XI-
14-1.04 Public Art Fund
Public Art Program In-lieu Contribution shall be placed in the Public Art Fund. The fund shall be used exclusively to (1) provide sites for works of art, (2) acquire and install works of art, (3) maintain works of art, or (4) fund other administrative costs associated with the Public Art Program. The Art Commission shall recommend utilization of monies in the Public Art Fund to the City Council.

XI-14-1.05 Compliance
Compliance with the provisions of this Chapter 14 shall be demonstrated by the Developer and/or Owner at the time of filing the Building Permit application as follows: (a) payment of the full amount of the Public Art Program In-Lieu Contribution, or (b) written proof to the Building Department and the Public Art Program of a contractual agreement to commission or purchase and to install the requested artwork on the development site by a date approved by City. The value of the Publicly Accessible Artwork shall be independently verified by a third party unrelated to the Developer and/or Owner and submitted to the City with the contractual agreement at the sole expense of the Developer and/or Owner.

The Developer and/or Owner shall provide the City with proof of installation of the requested artwork on the development site or proof of full payment of the Public Art In-Lieu Contribution before issuance of the certificate of occupancy, unless the City has approved some other method of assuring compliance with the provisions of this Chapter 14. In the case of installation of Public Art on the development site, the Developer and/or Owner shall maintain said artwork in proper condition on an ongoing basis.

XI-14-1.06 Violations of this Section
In addition to other fines or penalties provided by State or municipal law, the City may revoke or suspend any permit granted to any Developer and/or Owner who violates the provisions of this Chapter

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ECTION 28. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XII, CHAPTER 1, SUBSECTION 2.01
T
itle XII, Chapter 1, Subsection 2.01 (Definitions – Accessory Dwelling Unit) of the Milpitas Municipal Code is hereby amended to read as follows:

XI
I-1-2.01
"Accessory dwelling unit" shall have the meaning set forth in Chapter E.4 of Title XIII of this Code.

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ECTION 29. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XII, CHAPTER 1, SECTION 7.00
T
itle XII, Chapter 1, Section 7.00 (Incentives to Encourage On-Site Construction of Affordable Units) of the Milpitas Municipal Code is hereby amended to read as follows:

XI
I-1-7.00
Applicants shall receive incentives as specified in this Section to encourage the on-site construction of affordable units. If an applicant provides affordable units in excess of 20 percent of the total number of units in the project the City will provide the following incentives to include:

A. Planning waivers. In addition to waivers, incentives and/or concessions that may be provided pursuant to density bonus law as outlined in Section XIII-C.12.040 in the Milpitas Municipal Code if the applicant provides affordable units in excess of 20 percent of the total number of units in the development, the Director of Planning shall grant up to two of the waivers listed below in this Section

that help increase the feasibility of the construction of affordable units. The applicant will receive an additional two waivers from the list below for every additional five percent of affordable units provided above the 20 percent. The applicant may choose from the following waivers:

1. Priority processing.

2. Reduced setback requirements not to exceed 50 percent of the minimum required setback.

3. Greater floor area ratio (FAR) not to exceed 50 percent of the maximum FAR for commercial space in mixed use zoning.

4. Reduced landscaping requirements.

5. Reduced interior or exterior amenities.

6. A maximum 20 percent reduction in parking requirements.

7. Height restriction waivers not to exceed 20 percent of the maximum zoning height limitations and in no event to exceed the general plan height limitations.

B. Fee deferral.

1. Development processing fees. The City Manager may approve deferred payment of City processing fees applicable to the review and processing of the project. The terms and payment schedule of the deferred fees shall be subject to the approval of the City Manager.

2. Development impact fees. The City Manager may authorize the deferred payment of development impact fees applicable to the affordable units. Approval of this incentive requires demonstration by the applicant that the deferral increases the project's feasibility. The applicant must provide appropriate security to ensure future payment of such fees.

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ECTION 30. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 3.03
The Zoning Map of the City of Milpitas, as amended, which was adopted as part of O rdinance No. 38, enacted as Title XI, Chapter 10, Section 3.03 of the Milpitas Municipal Code (“Zoning Map”), is hereby amended as depicted within the map as attached hereto in Exhibit A.

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ECTION 31. SEVERABILITY
T
he provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision, or part has no effect on the validity of the remainder.

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ECTION 32. EFFECTIVE DATE AND POSTING
I
n accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The City Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager, or Designee, to Execute a Design Services Agreement with Bennett Engineering for Street Resurfacing Project 2026, CIP No. 4307 (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: 9/2/2025
Recommendation: Approve and authorize the City Manager, or designee, to execute a Design Services Agreement with Bennett Engineering in an amount not to exceed $509,112 for the Street Resurfacing Project 2026, CIP No. 4307.

BACKGROUND:

The Traffic and Transportation Engineering Division within the Public Works Department is responsible for planning and managing the Citywide Street Resurfacing Program. The streets identified annually for the repair, rehabilitation, and/or reconstruction are based on the Pavement Technical Assessment Program (P-TAP) report developed by the Metropolitan Transportation Commission (MTC). The P-TAP report provides agencies with recommendations to optimize the pavement condition rating, and the use of funding received from the County and State, which includes Gas Tax, Measure B, SB1 RMRA, and Vehicle Registration Fee. According to the 2024 P-TAP report, the City’s Pavement Condition Index (PCI) stands at 71, classified as "Good Condition" and above the Bay Area’s average of 67. The City’s goal is to maintain a minimum PCI rating of 70.

The Street Resurfacing Project 2026, CIP No. 4307 (Project) is included in the adopted 2026-2030 Capital Improvement Program to improve and enhance the accessibility and safety of streets for pedestrians, cyclists, and daily commuters. The Project provides for the design and construction of asphalt concrete improvements consisting of grind and overlay, cape, crack and slurry sealing, and spot repairs; concrete improvements including repairs to curb, gutter, and sidewalk and curb ramp replacement in compliance with the Americans with Disabilities Act; pedestrian improvements at adjacent signalized intersections; upgrades to the bike lanes according to the 2022 Trail, Pedestrian, Bicycle Master Plan; and reinstallation of striping and pavement delineation. Staff completed the design consultant selection process through a Request for Proposals in June of 2025 for the following scope of work and is ready to execute a Design Service Agreement. This scope of work is the same as approved by the Mayor and City Council as part of the adopted Capital Improvement Program budget on June 3, 2025:

• Design consultant to complete the design for construction of Street Resurfacing Project 2026. Planned streets include Yellowstone Avenue from South Park Victoria Drive to Landess Avenue; South Park Victoria Drive from Yosemite Drive to Yellowstone Avenue; Acadia Avenue; Glacier Avenue; Lassen Avenue; Olympic Drive; Platt Avenue and Court; Saratoga Avenue; and Big Basin Drive.

• Design consultant to complete planning for street resurfacing project in 2027 and 2028 to define project scopes to guide funding decisions. Planned neighborhoods under consideration include (but may be subject to change): (1) north of Peter Gill Memorial Park between Paseo Refugio, Escuela Parkway, Tramway Drive, and North Hillview Drive; and (2) North Abbott Avenue from Redwood Avenue to Heath Street and adjacent streets.

ANALYSIS:

In accordance with City Municipal Code I-2-3.13 – Contracting for Consultant, a Request for Proposals (RFP 4307) was released on April 4, 2025, to seek a design consultant with expertise in providing planning, design, and construction services related to the street resurfacing program. The scope of work is described in the Design Service Agreement – Exhibit A (Attachment 1). It will include asphalt and concrete improvements, ADA curb ramp upgrades, signalized intersection improvements pertaining to detection cameras and pedestrian access, and updating striping and signage for bike lanes, travel lanes, and pedestrian areas.

The RFP was publicly posted on the City’s eProcurement system, OpenGov Procurement, in accordance with the City Municipal Code I-2-3.09 - Request for Proposals Procedure. Upon release, 43 firms downloaded the RFP documents. Five (5) consultants submitted proposals by the published closing date of April 30, 2025.

The RFP was evaluated and scored according to the criteria outlined in the solicitation. Following the initial scoring, the two highest-ranked firms were invited to participate in an oral interview to discuss their proposal further, provide clarifications, and answer questions. Bennett Engineering was determined to be the best value proposer in accordance with the RFP evaluation criteria. Scores for the proposals are as follows:

Next Step and Project Schedule
Upon City Council approval of the Design Service Agreement, Bennett Engineering will start the design of the Project in October 2025, which is anticipated to be completed by April of 2026. The construction is expected to begin in June/July of 2026. Construction is anticipated to require four months and should be completed by Fall of 2026. In addition, planning of the annual street resurfacing project for 2027 and 2028 is anticipated to be completed by the Spring of 2026 to start the design in the Summer of 2026.

Additional Street Resurfacing Program Project Status Updates While not part of this design project, Dempsey Road will be resurfaced by the summer of 2026 following the completion of the Dempsey Road Water Main Replacement, CIP No. 7118. In addition, Great Mall Parkway Phase 2, CIP No. 4300 will be packaged with the Dempsey Road street resurfacing as the project was not selected to received grant funding from California Transportation Commission Local Partnership Program.

City Council awarded a construction contract on May 6, 2025 for Street Sealing Project 2024, CIP No. 4305, which is anticipated to be completed by the end of September 2025. The streets includes E. Calaveras Blvd. from I-680 to Evans Rd, N. Park Victoria Dr. from E. Calaveras to Jacklin Rd., Temple Ave. from East Calaveras Blvd. to Wylie Dr., Courtland Ct. & Ave., Jungfrau Ct., Bee Ct., Matterhorn Ct., Big Bear Ct., Hay Ct., Chewpon Ave. Beacon Dr., Canton Dr. from Roswell Drive and Bixby Drive, Lawton Dr., Roswell Dr. from Canton Dr. to the end of the cul-de-sac, and Sepulveda Ct.

POLICY ALTERNATIVE(S):

Alternative 1: Not approving the Design Service Agreement with Bennett Engineering.

Evaluation
Criteria
Max
Points
Bennett
Engineering
Sanbell
Bay Area
Kimley -
Horn
Wilsey
Ham
Pavement
Engineering
Cover Letter 5 4.30 4.33 4.00 4.33 3.33
Company Profile 30 25.50 24.00 23.49 25.50 21.51
Execution Plan 30 26.10 25.50 23.49 23.01 18.99
References 5 4.35 4.33 3.50 3.50 3.50
Personnel Assigned 15 12.75 12.75 12.75 11.25 11.75
Proposed
Compensation
15 13.50 10.50 12.00 9.00 9.00
Total Score 100 86.50 81.41 79.23 76.59 68.08

Pros: None
Cons: The completion of design will be delayed by a minimum of six (6) months, missing the construction season of 2026. The construction of the Project will have to be postponed to 2027. The schedule for the planning of the annual street resurfacing projects in 2027 and 2028 will also be delayed, impacting the 5-year workplan of the Citywide Street Resurfacing Program.

Reason for Not Recommending: The Project is critical to maintaining the City's goal of its overall Pavement Condition Index (PCI) of 70 and long-term pavement performance. Postponing the design for the Project in 2026 and planning of 2027 and 2028 will impact the 5-year workplan of the Citywide Street Resurfacing Program, the overall Pavement Condition Index, and delay making needed improvements for streets in need.

FISCAL IMPACT:

As of July 31, 2025, the available funding in Street Resurfacing Project 2026, CIP No. 4307 is $4,956,235, which is funded by Measure B, SB1 RMRA, and the Vehicle Registration Fee. There is sufficient funding allocated to the project for this Design Service Agreement with Bennett Engineering in an amount not to exceed $509,112.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The Project entails the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301. The project further entails replacement or reconstruction of existing facilities where the new facilities will be located on the same site as the facilities replaced and will have substantially the same purpose and capacity as the structure replaced and are exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15302. A Notice of Exemption will be filed with the County of Santa Clara prior to the award of construction contract.

ATTACHMENT(S):
(a) Design Services Agreement

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CITY OF MILPITAS DESIGN SERVICES AGREEMENT CONTRACT NO. 1. PARTIES AND DATE. This Agreement is made and entered into as ________________, 2025 by and between the City of Milpitas, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and BENNETT ENGINEERING a CORPORATION with its principal place of business at 1082 Sunrise Avenue, Suite 100, Roseville, CA, 95661 (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 2.2 Designer. Designer desires to perform and assume responsibility for the provision of certain professional design services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California. 2.3 Project. City desires to engage Designer to render such services for the CP 4307 STREET RESURFACING 2026 DESIGN ("Project") as set forth in this Agreement. 3. TERMS 3.1 Employment of Designer. 3.1.1 Scope of Services. Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld. 3.1.2 Term. The term of this Agreement shall be from August 13, 2025, to December 31, 2028, unless earlier terminated as provided herein. The City reserves the right to review the Designer’s performance at the end of each year and cancel all or part of the Agreement. 3.2 Project Designer; Key Personnel. 3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates Carlton D. Allen III (License No. Civil Engineer - 76694 to act as the Project Designer for the Project. The Project Designer shall: (1)

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maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause. 3.2.2 Key Personnel. In addition to the Project Designer, Designer has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Designer may substitute others of at least equal competence upon written approval of the City. In the event that City and Designer cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Designer at the request of the City. 3.3 Hiring of Consultants and Personnel. 3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion. 3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law. 3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to approval by City. 3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense.

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3.4 Standard of Care. 3.4.1 Standard of Care. Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to comply with the standard of care provided for herein. 3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project. 3.5 Laws and Regulations. 3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law. Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom. Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.5.2 Drawings and Specifications. Designer shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Designer. Designer shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Designer shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Designer and City.

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3.5.3 Americans with Disabilities Act. Designer will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Designer, and the Designer shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Designer shall be responsible to the City only pursuant to the indemnification provisions of this Agreement. 3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City. 3.5.5 Water Quality Management and Compliance. (a) Compliance with Water Quality Laws, Ordinances and Regulations. Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Designer shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. (b) Standard of Care. Designer warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5(a) of this Agreement. Designer further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. (c) Liability for Non-compliance. (i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

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(ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer’s failure to comply with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (iii) Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy. 3.6 Independent Contractor. 3.6.1 Control and Payment of Subordinates. City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Designer shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.7 Schedule of Services. 3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference. 3.7.2 Timely Performance Standard. Designer shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein. Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times. 3.7.3 Performance Schedule. Designer shall prepare an estimated time schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds. Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Designer cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Designer without the prior written approval of City. If the Designer’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Designer will be responsible pursuant to the indemnification provision of this Agreement. 3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following shall be added to the time for completion of any obligations of Designer: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control

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of the Designer; and (5) any act of God or other unforeseen occurrence not due to any fault or negligence on the part of Designer. Neither the City nor the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such delays. 3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Designer for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Designer make an application for an extension of time, Designer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time. 3.8 Additional Designer Services. 3.8.1 Request for Services. At City’s request, Designer may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice. 3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Designer to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Designer shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Designer as to the compensation to be paid for such services. City shall pay Designer for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Designer pursuant to the indemnification provision of this Agreement. 3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Designer was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to: (a) Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents. (c) Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services

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made necessary by the failure of Designer to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Designer. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Designer is not a party. (f) Damage Repair. Supervision of repair of damages to any structure. (g) Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Designer's services for the Project. 3.9 City Responsibilities. City’s responsibilities shall include the following: 3.9.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Designer with a preliminary construction budget (“City’s Preliminary Construction Budget”). 3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Designer, City shall furnish Designer with, or direct Designer to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information. 3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project. 3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications. 3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations. 3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project. 3.9.7 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. The City Manager hereby designates Christian Di Renzo, Public Works Director or his or her designee, as the City’s contact for the implementation of the Services hereunder. Designer shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

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3.9.8 Review and Approved Documents. Review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above. 3.10 Compensation. 3.10.1 Designer’s Compensation for Basic Services. City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of FIVE HUNDRED NINE THOUSAND AND ONE HUNDRED TEWLEVE Dollars ($509,112) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement. 3.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Designer perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional work in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3. 3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Designer shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000.00; and (5) other costs, fees and expenses in excess of $1,000.00. 3.10.4 Payment to Designer. Designer’s compensation and reimbursable expenses shall be paid by City to Designer no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Designer shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Designer shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving

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such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner. Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Designer shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner. Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth in the termination provision herein. 3.10.5 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement or state law. Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control. 3.10.6 Prevailing Wages. Designer is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Designer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Designer’s principal place of business and at the Project site. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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3.10.7 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Designer and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Designer shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 3.10.8 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Designer or any subcontractor. 3.11 Notice to Proceed. Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed. 3.12 Termination, Suspension and Abandonment. 3.12.1 Grounds for Termination; Designer’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Designer. Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement. 3.12.2 City’s Suspension of Work. If Designer’s Services are suspended by City, City may require Designer to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Designer. 3.12.3 Documents and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as

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provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense. 3.12.4 Employment of other Designers. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.13 Ownership and Use of Documents; Confidentiality. 3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Designer or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Designer shall provide to City copies of all Project Documents required by City. In addition, Designer shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Designer shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.13.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer, for the following purposes: (a) The construction of all or part of this Project. (b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time; (c) The construction of another project by or on behalf of the City for its ownership and use; City is not bound by this Agreement to employ the services of Designer in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Designer or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Designer. Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Designer shall be at City’s own risk with respect to third parties. If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Designer’s seal from the Project Documents and hold harmless Designer and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project.

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3.13.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Designer shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement. 3.13.4 Right to License. Designer represents and warrants that Designer has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Designer prepares or causes to be prepared pursuant to this Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Designer makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Designer and provided to Designer by City. 3.13.5 Confidentiality. All Project Documents, either created by or provided to Designer in connection with the performance of this Agreement, shall be held confidential by Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Designer for any purposes other than the performance of the Services. Designer shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Designer which is otherwise known to Designer or is generally known, or has become known, to the related industry shall be deemed confidential. Designer shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City. 3.14 Indemnification. 3.14.1 To the fullest extent permitted by law, Designer shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers, employees, agents, or volunteers. 3.14.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises out of Designer’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Designer’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, and, upon Designer obtaining a final adjudication by a court of competent jurisdiction, Designer’s liability for such claim, including the cost to defend, shall not exceed the Designer’s proportionate percentage of fault. 3.15 Insurance. Designer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit “D” (Insurance Requirements), attached hereto and incorporated herein by this reference. In addition, Designer shall not

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allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required therein. 3.16 Records. Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Designer shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement. 3.17 Standardized Manufactured Items. Designer shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design. 3.18 Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City. 3.19 Mediation. Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties. 3.20 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Designer shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 3.21 Asbestos Certification. Designer shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Designer prepares for the Project. Designer shall require all consultants who prepare any other documents for the Project to submit the same written certification. Designer shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Designer shall include statements in its

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specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included. 3.22 No Third Party Rights. This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein. 3.23 Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in Santa Clara County. 3.24 Exhibits and Recitals. All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth. 3.25 Severability. Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. 3.26 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 3.27 Safety. Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed. 3.28 Harassment Policy. Designer shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Designer shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Designer's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request. 3.29 Delivery of Notices.

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All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CITY: City of Milpitas 455 E. Calaveras Boulevard Milpitas, California 95035 Attn: Roberto Alonzo Public Work Division Manager DESIGNER: Bennett Engineering Services 1619 S. Main Street, Suite 106 Milpitas, California, 95035 Attn: Carlton D. Allen Principal – Director of Transportation Services Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.30 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.31 City’s Right to Employ Other Consultants. City reserves right to employ other consultants, including designers, in connection with this Project or other projects. 3.32 Prohibited Interests. 3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Designer, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. 3.32.2 Conflict of Interest. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.33 Equal Opportunity Employment. Designer represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or any other classification protected by federal or state law. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Designer shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

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3.34 Labor Certification. By its signature hereunder, Designer certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.35 Wage Theft Certification. 3.35.1 Designer, and any subconsultant it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance. 3.35.2 BY SIGNING THIS AGREEMENT, DESIGNER AFFIRMS THAT IT HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT THAT DESIGNER OR ITS SUBCONSULTANTS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. DESIGNER FURTHER AFFIRMS THAT IT OR ITS SUBCONSULTANT(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT, DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN FULLY SATISFIED, DESIGNER AFFIRMS THAT IT OR ITS SUBCONSULTANT(S) IS CURRENTLY SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY AND THAT DESIGNER OR ITS SUBCONSULTANT(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT. 3.35.3 If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Designer or a subconsultant it employs to perform work under this Agreement has violated any applicable wage and hour law, or Designer learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Designer shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Designer or its subconsultant(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Designer or its subconsultant is subject to a payment or other alternative plan, the Designer or its subconsultant shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied. 3.35.4 For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws. 3.35.5 Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.

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3.35.6 Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section. 3.36 Subcontracting. As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement. 3.37 Supplemental Conditions. Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference. 3.38 Entire Agreement. This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto. [SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT BETWEEN THE CITY OF MILPITAS AND BENNETT ENGINEERING SERVICES IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF MILPITAS Approved By: Deanna J. Santana, 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 BENNETT ENGINEERING SERVICES Signature Name Title Date Leo
RubioPresident/CEO22/07/2025

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1 EXHIBIT “A” DESIGNER’S SCOPE OF SERVICES

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1 EXHIBIT “B” FEE AND PHASING/FUNDING SCHEDULES 1. FEE SCHEDULE. Designer will invoice City on a monthly cycle based on the following fee schedule. Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation. Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City. See Fee Schedule below:

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1 (BB&K: January 2015)
EXHIBIT “C” COMPENSATION RATES AND REIMBURSABLE EXPENSES 1. HOURLY COMPENSATION RATES.

2. REMURSIBLE EXPENSES Not Applicable.

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1 (BB&K: January 2015)
EXHIBIT “D” INSURANCE REQUIREMENTS Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Design Services Agreement. Designer shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Designer, its agents, representatives, employees or subcontractors. Designer shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements. Designer shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Designer’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. Commercial General Liability (CGL): ___ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. _X__ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. ___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: __X_ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Designer has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage. ___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single liit for bodily injury and property damage.

38077.00180\29175422.11 C2

2 ___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Designer, regardless of where the vehicles are kept or driven. Professional Liability (Errors and Omissions): _X__ Insurance appropriates to the Designer’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate. ___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate. ___ Insurance appropriates to the Designer’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate Workers’ Compensation Insurance: _X__ Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Designer provides written verification it has no employees) The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees. Builder’s Risk (Course of Construction): ___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site. Pollution Legal Liability: ___ Designer’s legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate. If the Designer maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Designer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Cyber Liability Insurance ___ Cyber Liability Insurance with limits not less than $1,000,000 per claim. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Designer in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy

38077.00180\29175422.11 C2

3 violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations. Surety Bonds: Designer shall provide the following Surety Bonds: ____ Bid Bond ____ Performance Bond ____ Payment Bond The Payment Bond and Performance Bond shall be in a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain the following provisions: _X__ Additional Insured Status and Primary/Non-Contributory Language: Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its elected and appointed officials, officers, attorneys, agents employees and volunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. ___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only) Designer may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear. _X__ Notice of Cancellation, Suspension or Otherwise Voiding Policies: Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City. _X__ Waiver of Subrogation: Designer hereby grants to City a waiver of any right to subrogation which any insurer of said Designer may acquire against the City by virtue of the payment of any loss under such insurance. Designer agrees to

38077.00180\29175422.11 C2

4 obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Designer, its employees, agents and subcontractors. ___ Completed Operations For Construction Agreements, Designer shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Designer fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Designer. THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS Deductibles and Self-Insured Retentions (“SIR”): Any deductibles or self-insured retentions must be declared to and approved by City. The City may require the Designer to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Designer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City. City reserves the right to obtain a full-certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to City. Claims Made Policies: (note - should be applicable only to professional liability, see below) 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Designer must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

38077.00180\29175422.11 C2

5 4. A copy of the claims reporting requirements must be submitted to the City for review. 5. If the services involve lead-based paint or asbestos identification/remediation, the Designer’s Pollution Liability Policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Designer’s Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. Subcontractors: Designer shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Designer shall ensure that City is an additional insured on insurance required from subcontractors. Subcontractor agrees to be bound to Designer and City in the same manner and to the same extent as Designer is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request. Verification of Coverage: Designer shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Designer’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances. Failure to Comply: Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees. Applicability of Coverage: Each insurance policy required above shall contain or be endorsed to contain that the Designer’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

BENEN_Design
Services
Agreement_CP4307_SR2026_UNSIGNEDFinal
Audit
Report 2025-07-22Created: 2025-07-22By: Theresa
Allen
([email protected])Status: SignedTransaction
ID: CBJCHBCAABAAbpGUsaCQbbX2YamTX6cpwT8uPgsVIxnv"BENEN_Design
Services
Agreement_CP4307_SR2026_UNSIGNED"
History Document
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by
Theresa
Allen
([email protected])2025-07-22
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emailed
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Leo
Rubio
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for
signature2025-07-22
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Date:
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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution to Accept the Completed Public Improvements for the Bridge Point Silicon Valley Project, Approve a Reduction of the Faithful Performance Bond for the Project, and Authorize the City Engineer to Release the Remaining Portion of the Bond After the One-Year Warranty Period (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: 9/2/2025
Recommendation: (1) Adopt a resolution to accept the completed public improvements for the Bridge Point Silicon Valley Project, (2) Approve a reduction in the faithful performance bond to $120,260; and (3) Authorize the City Engineer to release the remaining portion of the bond after the one-year warranty period without further City Council action, provided all required warranty work has been completed to the satisfaction of the City Engineer.

BACKGROUND:

On April 20, 2021, the City Council approved an Improvement Agreement with Bridge Point Milpitas LLC (Developer) for the Bridge Point Silicon Valley Project (Project) to construct two office buildings totaling 788,625 square feet of floor area, site and public Improvements, and parking lot on a 34.5-acre site located at 225 North McCarthy Boulevard. The public improvements constructed along North McCarthy Boulevard included three (3) fire service laterals and driveway approaches, abandonment of wet utility services, and replacement of a paved left-turn pocket with a landscaped median.

ANALYSIS:

The Developer has successfully completed all required public improvements for the Project in accordance with the City-approved Public Improvement Plans, No. 2-1332. The completed public improvements are now ready for acceptance by the City Council and thereby commencing the one-year warranty period. Staff recommends City Council adopt a Resolution (Attachment 1) granting acceptance of the public improvements, and to approve a reduction of the performance bond to $120,260.00, which is 25% of the security’s original value, and grant authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the City Engineer.

POLICY ALTERNATIVE(S):

Alternative: Not approve a resolution granting acceptance of public improvements including the reduction of the faithful performance bond.

Pros: None

Cons: Not granting acceptance of public improvements would limit public use of improvements and does not promote orderly completion and closeout of the Project. Also, not granting acceptance would be in conflict with the City’s obligation under the Improvement Agreement.

Reason for Not Recommending: Granting acceptance of the completed public improvements would allow public use of the improvements and allows for the completion and closeout of the Project as required by the Improvement Agreement. Staff recommends the City Council adopt the resolution granting acceptance of public improvements.

FISCAL IMPACT:

Public improvements completed as part of the Project will be perpetually owned and maintained by the City following acceptance by the City Council and completion of the one-year warranty period. The Public Works Department will be responsible for maintenance of the improvements and any required additional funding for ongoing maintenance will be requested through future budget appropriations as the City Council adopts the annual operating budget for the Public Works Department.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

On February 11, 2009, the Planning Commission held a duly noticed public hearing on the Project’s development applications and reviewed an Environmental Impact Report prepared for the Project in accordance with the California Environmental Quality Act, which identifies the potential for significant effects on the environment from development of the Project and unanimously recommended that the City Council approve the project. On March 3, 2009, the City Council held a duly noticed public hearing on the Project’s development applications and reviewed the EIR, found the Project’s potential significant environmental impacts would not be detrimental to its surrounding neighborhood because the Project meets all requirements of the City’s Zoning Ordinance and General Plan, and approved the Project. Granting acceptance of public improvements and reducing the faithful performance bond for public improvements are not considered projects under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

Further, environmental analysis of the public improvements to be constructed was reviewed at the time the overall project, including the Improvement Agreement, was considered and approved by the City Council.

ATTACHMENT(S):
(a) Resolution

RESOLUTION NO. ______

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

ACCEPTANCE AND REDUCING PERFORMANCE BOND OF BRIDGE POINT

SILICON VALLEY PROJECT AND GRANTING AUTHORIZATION TO THE CITY

ENGINEER TO RELEASE THE PERFORMANCE BOND AFTER THE ONE-YEAR

WARRANTY PERIOD

WHEREAS, the City Council of the City of Milpitas on April 20, 2021 approved the plans and specifications for Bridge Point Silicon Valley Project, (the “Project”) to be completed by Bridge Point Milpitas, LLC as part of its development at 225 North McCarthy Boulevard; and WHEREAS, the City of Milpitas has heretofore entered into an improvement agreement on April 20, 2021 with Bridge Point Milpitas LLC, for the Project; and
WHEREAS, Bridge Point Milpitas, LLC, as Principal, and Harco National Insurance Company, as Surety, executed and posted a certain Performance Bond Number 0792982 conditioned upon the faithful performance of the provisions of said improvement agreement and upon the faithful performance of all improvement work required thereunder; and
WHEREAS, said public improvements for the Project have been completed and the improvement agreement provides that the security shall extend for a period of one year after the date of acceptance of said improvements to cover the warranty period of said improvements under said agreement; and WHEREAS, the City Council is willing to consent to a reduction in the penal sum of said security during said one year warranty period; and
WHEREAS, the City Engineer of the City of Milpitas has made a final inspection of said improvements for the Project and recommends that the City Council of the City of Milpitas accept the same as constructed in accordance with the approved plans and specifications.

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

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

2. Those certain public improvements constructed as part of the Project, are hereby accepted as constructed in accordance with the approved plans and specifications upon recommendation of the City Engineer of the City of Milpitas.

3. The penal sum of the faithful performance bond securing said improvements may be reduced to the sum of $120,260.00, upon request of Principal and Surety, with said penal sum as reduced to apply from the date of completion and acceptance of said improvements and to extend for the balance of the term of one year of said security. Provided, however, that nothing herein contained shall in any way be deemed to be a waiver, release or relinquish by City of any obligations imposed upon the developer or his surety, or sureties, by law or by the above referend public improvement agreement, save and except as expressly set forth herein.

4. The City Council grants authorization to the City Engineer to release the performance bond after the one- year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the City Engineer.

2 Resolution No. XXXX
PASSED AND ADOPTED this _____ day of _________________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Christopher Creech, Acting City Attorney

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Authorize the City Manager to Execute Purchase Orders with Multiple Vendors for Public Works Related On-Call Services (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian De Renzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 9/2/2025
Recommendation: Authorize the City Manager, or designee, to (1) Negotiate and execute purchase orders with twenty-five (25) vendors for Public Works related on-call maintenance and repair services – including parts, specialty equipment, and materials as required – for a five-year term in a total amount not to exceed $8,335,342, subject to the appropriation of funds; and (2) Adjust the not-to-exceed amounts between vendors in specified services areas as required.

BACKGROUND:

The City facilities and infrastructure, such as buildings, streets, parks, medians, sewer and water, etc., require maintenance, repairs, and related services on a periodic and sometimes unexpected basis to ensure public safety, protect City assets, and maintain efficient operations. Services include, but are not limited to, the following:

(1) Facilities Maintenance, Repairs, and Related Services: Comprehensive maintenance and repair services for various facility components, ensuring optimal functionality, safety, maintain City operations, and aesthetics of buildings and structures.
(2) Street Maintenance, Repairs, and Related Services: Comprehensive repair services for streets, sidewalks, and related infrastructure to ensure safe and efficient transportation networks. (3) Parks, Trails, and Median Renovation, Maintenance, Repairs, and Related Services:

Comprehensive repair, renovation, and construction services for parks, trails, and street medians to ensure safety of users and enhance public spaces and recreational areas. (4) Utilities - Water and Sewer Maintenance, Repairs, and Related Services: Comprehensive maintenance, repair, and upgrade services for water and sewer systems to ensure efficient and reliable utility operations.

ANALYSIS:

On May 28, 2025, the City released an Invitation for Bid (IFB 25-1056) for On-Call Services for Public Works.

The scope of work required various contractor licensing based on the area of work for which vendors were submitting a bid response. The intent of this IFB was to award multiple contracts based on license and service area to the lowest-priced responsive and responsible bidders.

The IFB was publicly noticed on the City’s website and OpenGov, the City e-procurement website, in accordance with City Municipal Code. Upon release, 2,183 firms received notification of the IFB, and 157 firms downloaded the IFB documents. Thirty (30) vendors submitted responses by the published closing date of July 2, 2025, three (3) were disqualified for being non-responsive.

California State Contractor Licensing was confirmed for the remaining twenty-seven (27) bidders and, based on the bid responses, an intent to award was issued on July 11, 2025. Staff recommends awards of contracts to twenty-five (25) of the twenty-seven (27) responsive and responsible bidders for a 5-year term in a total amount not to exceed $8,335,342. The two responsive, responsible vendors to whom staff is not

recommending awards proffered higher bids than other vendors providing the same respective services. Two of the vendors are located in the City of Milpitas. A list of vendors is provided in Attachment A.

By proactively executing purchase orders with the awarded vendors for on-call services in advance of needing the services, City staff will have access to the resources required to respond quickly when needs arise in these service areas. Allowing staff to shift funds by service area between awarded vendors as required will provide staff with the flexibility to address any vendor performance issues during the service period, add funds to a purchase order if a particular job requires more funding, etc., without losing access to the City Council- approved contracting authority.

POLICY ALTERNATIVE(S):

Alternative 1: Do not award bid for on-call services

Pros: None

Cons: Delay in responding to critical maintenance and repair needs to City assets and infrastructure, which could impact City operations and public safety.

Reason for Not Recommending: This would restrict the Public Works Department’s ability to maintain City operations and ensure public safety. Work would be paused until a solicitation process is completed per incident, resulting in delays in repairs and disruption to City operations. Otherwise, the Public Works Director would need to declare an emergency for urgent health and safety repairs, as indicated in Council Resolution No.9134, to bypass the solicitation process requirement.

FISCAL IMPACT:

The total estimated annual spend for the twenty-five (25) vendors for on-call maintenance and repair services – including parts, specialty equipment, and materials as required – is contemplated to be $1,570,000, with an estimated total for a five-year term, not-to-exceed amount of $8,335,342. Funding for the current 2025-26 fiscal year was appropriated through the City Council action adopting the Proposed Operating Budget and Proposed Capital Improvement Program Budget on June 3, 2025; thus, respective expenditures will be allocated to the appropriate department or Capital Improvement Program project as applicable. Funding in future fiscal years will be requested as needed and appropriated through the annual budget process. No additional funding is being requested at this time for these on-call services.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action entails contracting for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301. The action also entails contracting for the 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. 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):
(a) Recommended Contract Awards by Vendor

ATTACHMENT A

RECOMMENDED CONTRACT AWARDS BY VENDOR

Vendor / Contractor's License(s) / Service Area(s)
Estimated
Annual Spend
5-Year Not to
Exceed
A&B Mechanical
C20/C38 Chillers $150,000 $796,370

Backflow Prevention
C36 Plumbing $200,000 $1,061,827

Bartley Pump PM, LLC, dba PumpMan NorCal
C61 Pumps $220,000 $1,168,010

BRIXCO Construction, Inc. (Local Vendor)
C8 Concrete and Sound Wall $75,000 $398,185
C8 Concrete and Pavers $75,000 $398,185
C12 Paving, Asphalt, Repairs, Striping $75,000 $398,185 C12 Tractor Work $50,000 $265,457
C12 Trail Construction $75,000 $398,185
C32 Pavement Marking $75,000 $398,185
$425,000 $2,256,382

Build-X Contracting Corp.

B Restoration $25,000 $132,728
B Minor Construction $220,000 $1,168,010
$245,000 $1,300,738

Cal-West Lighting & Signal Maintenance, Inc.

C10/C7 Electrical $75,000 $398,185
C10/C7 Traffic Signal Control Systems $75,000 $398,185 C10/C7 Signals & Lights $75,000 $398,185
$225,000 $1,194,555

ConstructiCON Corp. dba CIC
A Water Service and Main $220,000 $1,168,010
A Underground Infrastructure $220,000 $1,168,010
A Water and Sewer Pipeline $220,000 $1,168,010
A Architectural/Engineering $75,000 $398,185
A Hazardous Waste Removal $30,000 $159,274
B Restoration $25,000 $132,728
B Minor Construction $220,000 $1,168,010
B Hazardous Waste Removal $30,000 $159,274
C39 Roofing $60,000 $318,548
$1,100,000 $5,840,049