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Project No.:
NJA ARCHITECTURE
212 W PINE STREET, STE #1
LODI, CA 95240
209.400.6080
www.njaarchitecture.com
Revisions
ENGINEERING DIVISION
RECORD DRAWINGS CITY OF MILPITAS
Designer:
Public Works Inspector:
Utility/Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
DRAWN
BY:
CHECKED
BY:
DESIGNED
BY:
Date:
Date:
Date:
Date:
Res. No.
RECOMMENDED FOR BIDDING BY:
Samu Tiumalu, Public Works Division Manager - Operations DATE:
SCALE: AS NOTED
PROJECT NO.
2024.173
REC. DWG NO.
DESIGNER STAMP:
DATE:
DATE:
DATE:
Num. Description Aprv. Date.Engr.
CALIFORNIA
JANUARY 26, 1954
OF
TY CI
INCORPORATED
ITAS
L
M
I
P MILPITAS POLICE DEPARTMENT
1275 N. MILPITAS BLVD. MILPITAS, CA 95035 PERMIT SET
01.16.2025
HCSEngineering
50 years
4512 Feather River Dr #F, Stockton, CA 95219
209-478-8270 | www.hcs-eng.com
Richard C. Smith, PE [email protected]
Bhupendra Patel, PE [email protected]
PROJECT # 2024.173
FILE: C:\Users\12093\Box\HCS\2024\101-200\2024.173 milpitas pd ti\E0.1.dwg Feb 05, 2025 - 1:55pm 12093 SHEET OF 46
E0.1
260500 ELECTRICAL WORK FOR COMMON RESULTS:
1. ELECTRICAL INSTALLATION SHALL COMPLY WITH TITLE 24, CALIFORNIA CODE OF REGULATIONS, INCLUDING THE FOLLOWING:
TITLE 24, CCR, PART 2, 2022 CBC
TITLE 24, CCR, PART 3, 2022 CEC
TITLE 24, CCR, PART 4, 2022 CMC
TITLE 24, CCR, PART 9, 2022 CFC
TITLE 24, CCR, PART 6, 2022 CALIFORNIA ENERGY CODE
TITLE 24, CCR, PART 11, 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE ALL APPLICABLE LOCAL CODES INLCUDING: 2023 MILPITAS MUNICIPAL CODE
2. CONTRACTOR SHALL PROCURE AND PAY FOR ALL PERMITS, LICENSES, ETC. REQUIRED TO CARRY ON AND COMPLETE THE WORK.
3. PROVIDE ALL LABOR, MATERIALS, TOOLS, PLANT EQUIPMENT, TRANSPORTATION AND PERFORM
ALL OPERATIONS NECESSARY FOR ANY REASONABLE INCIDENTAL TO PROPER EXECUTION AND COMPLETION OF ALL "ELECTRICAL WORK" WHETHER SPECIFICALLY MENTIONED OR NOT; ALL AS
INDICATED, SPECIFIED HEREIN, AND/OR IMPLIED THEREBY TO CARRY OUT THE APPARENT INTENT THEREOF.
4. ALL MATERIALS SHALL BE NEW AND LISTED WITH THE UNDERWRITERS' LABORATORIES, INC., SHALL
MEET THEIR REQUIREMENTS AND SHALL BEAR THEIR LABEL WHEREVER STANDARDS HAVE BEEN ESTABLISHED AND LABEL SERVICE IS REGULARLY FURNISHED BY THAT AGENCY.
5. ELECTRICAL DRAWINGS ARE ESSENTIALLY DIAGRAMMATIC AND ALTHOUGH THE SIZE AND
LOCATIONS OF EQUIPMENT ARE SHOWN TO SCALE WHEREVER POSSIBLE, CONTRACTOR SHALL
MAKE USE OF ALL DATA IN ALL CONTRACT DOCUMENTS AND VERIFY THIS INFORMATION AT THE SITE. CONTRACTOR SHALL BE RESPONSIBLE FOR LAYING OUT AND INSTALLING HIS WORK TO AVOID INTERFERENCE WITH OTHER TRADES.
6. ALL ELECTRICAL EQUIPMENT EXPOSED TO THE WEATHER SHALL BE LISTED FOR EXTERIOR USE.
7. ALL U.L. LISTED EQUIPMENT SHALL BE INSTALLED AS PER THEIR LISTING OR LABELING.
8. IN LOCATIONS WHERE ELECTRICAL EQUIPMENT WOULD BE EXPOSED TO PHYSICAL DAMAGE,
ENCLOSURES OR GUARDS SHALL BE SO ARRANGED AND OF SUCH STRENGTH AS TO PREVENT SUCH DAMAGE.
9. CONFLICTS BETWEEN SPECIFICATIONS AND PLANS:
a. ANY CONFLICT BETWEEN ELECTRICAL SPECIFICATIONS AND ELECTRICAL PLANS; OR BETWEEN
ELECTRICAL PLANS AND PLANS OF ANOTHER DISCIPLINE SHALL BE BROUGHT TO THE ATTENTION
OF THE ENGINEER AND A RESOLUTION RECEIVED PRIOR TO PROCUREMENT OR INSTALLATION OF THE ITEM IN QUESTION.
b. IF THE CONTRACTOR PROCEEDS WITH THE WORK WITHOUT RECEIVING ANY RESOLUTION TO THE
CONFLICT HE/SHE DOES SO AT HIS/HER OWN RISK AND SHALL RECTIFY THE WORK TO THE SATISFACTION OF THE ENGINEER AT NO ADDITIONAL COST TO THE OWNER OR ENGINEER.260500.02. SUBMITTALS:
PROVIDE THE FOLLOWING SUBMITTALS FOR REVIEW AND APPROVAL.
1. EACH SHALL BE SUBMITTED SEPARATELY TO AVOID DELAYS IN THE REVIEW OF ONE SUBMITTAL IN HOLDING UP REVIEW OF THE REMAINDER.
a. LIGHTING CONTROLS
b. BASIC ELECTRICAL MATERIALS
c. LIGHT FIXTURES
260526. GROUNDING:
1. GROUND AND BOND ALL EQUIPMENT AS REQUIRED BY GOVERNING CODES AND SPECIFICALLY
INCLUDING SWITCHBOARD, PANELBOARDS, MOTOR CASES, METAL PIPING SYSTEMS, STRUCTURAL STEEL, ETC.
2. PROVIDE GROUND WIRES IN ALL FEEDERS AND BRANCH CIRCUITS, SIZE PER CEC TABLE 250.122
3. ALL GROUND WIRES SHALL BE INSULATED GROUND WIRES.
260529. INSTALLATION OF SUPPORT SYSTEMS
1. RACEWAYS, CABLE ASSEMBLIES, BOXES, CABINETS, AND FITTINGS SHALL BE SECURELY FASTENED IN PLACE PER CEC ARTICLE 300.11. SUPPORT WIRES THAT DO NOT PROVIDE SECURE SUPPORT SHALL NOT BE PERMITTED AS THE SOLE SUPPORT. SUPPORT WIRES AND ASSOCIATED FITTINGS
THAT PROVIDE SECURE SUPPORT AND THAT ARE INSTALLED IN ADDITION TO THE CEILING GRID SUPPORT WIRES SHALL BE PERMITTED AS THE SOLE SUPPORT. WHERE INDEPENDENT SUPPORT WIRE ARE USED, THEY SHALL BE SECURED AT BOTH ENDS. CABLES AND RACEWAYS SHALL NOT BE SUPPORTED BY CEILING GRIDS.
2. FURNISH ALL NECESSARY FOUNDATIONS, SUPPORTS, BACKING, ETC., FOR ALL ELECTRICAL ENCLOSURES, CONDUITS AND EQUIPMENT.
3. ATTACH ALL BOXES, CABINETS, ETC. TO WOOD WITH WOOD OR LAG SCREWS, TO METAL WITH
MACHINE SCREWS OR BOLTS AND TO CONCRETE WITH EXPANSION ANCHORS AND MACHINE SCREWS OR BOLTS.
4. RIGID STEEL CONDUIT SHALL BE SUPPORTED AT INTERVALS NOT GREATER THAN 10 FT, ELECTRICAL METALLIC TUBING AT INTERVALS NOT GREATER THAN 5 FT.
5. A SUPPORT SHALL BE PROVIDED NOT MORE THAN 3 FT. FROM ANY CHANGE IN DIRECTION.
ADDITIONAL SUPPORTS TO THOSE SPECIFIED ABOVE SHALL BE INSTALLED WHERE REQUIRED TO SUIT JOB CONDITIONS AND TO PROVIDE A SECURE INSTALLATION. ALL HANGERS AND SUPPORTS SHALL BE THE PRODUCTS OF ONE MANUFACTURER.
260533. PULL OR JUNCTION BOXES:
1. INSTALL WHERE INDICATED, OR AS REQUIRED BY CODE, PULL BOXES AND JUNCTION BOXES OF SUFFICIENT SIZE AND CAPACITY TO FACILITATE ALL WIRING. BOXES SHALL BE SIZED TO PROPERLY ACCOMMODATE ALL CONDUCTORS ENTERING SAME.
2. BOXES SHALL BE OF THE SHAPE AND SIZE BEST SUITED FOR THE PARTICULAR APPLICATION AND
SHALL BE SUPPORTED DIRECTLY TO STRUCTURAL MEMBERS, FRAMING OR BLOCKING BY MEANS OF SCREWS, ANCHORS, BOLTS OR EMBEDDED IN MASONRY.
A. SWITCH AND RECEPTACLE BOX SHALL BE ONE PIECE DRAWN OR STAMPED STEEL BOXES MINIMUM SIZE SHALL BE FOUR INCHES (4") SQUARE. BOXES SHALL BE FITTED WITH FLUSH DEVICE COVERS,
PLASTER RINGS, OR TILE SWITCH RINGS IN MASONRY IN AREA WHERE EXPOSED WIRING IS PERMISSIBLE, BOXES SHALL BEFITTED WITH SURFACE TYPE COVERS.
B. BOXES SHALL BE LOCATED AND PLACED ACCORDING TO ARCHITECTURAL AND STRUCTURAL REQUIREMENTS.
260550. WIRING METHODS: LINE VOLTAGE SYSTEMS (120V AND ABOVE):
1. ALL WIRING SHALL BE INSTALLED IN CONDUITS. CONDUITS SHALL BE RUN CONCEALED IN WALLS AND CEILINGS WHERE FEASIBLE. ALL CONDUITS INSTALLED SURFACE ON WALL SHALL BE PAINTED TO MATCH WALL FINISH. MOUNT EXTERIOR CONDUITS ON WALL ON GALVANIZED UNISTRUTS. ALL
SURFACE CONDUIT INSTALLATION/ RUNS SHALL BE APPROVED BY THE ARCHITECT PRIOR TO INSTALLATION.
2. ALL CONDUITS RUN WITHIN INTERIOR FINISHED SPACES SUCH AS OFFICES, BREAKROOM, RESTROOM ETC. SHALL BE RUN CONCEALED.
3. ALL CONDUITS RUN IN DEDICATED ELECTRICAL AND MECHANICAL ROOMS SHALL BE RUN EXPOSED.
4. MINIMUM CONDUIT SIZE SHALL BE 1/2" ABOVE GRADE AND 3/4" UNDERGROUND.
5. MINIMUM ACCEPTABLE CONDUITS ARE:
A. GALVANIZED RIGID STEEL - FOR USE ON:
(1) EXTERIOR WALL SURFACES.
B. GALVANIZED STEEL EMT FOR USE:
(1) CONCEALED IN INDOOR FINISHED SPACES.
(2) EXPOSED INSIDE ELECTRICAL & MECHANICAL ROOMS.
C. LIQUID TIGHT STEEL FLEX:
(1) FOR FINAL CONNECTION TO OUTDOOR EQUIPMENT. LENGTH SHALL NOT EXCEED 36".
D. FLEXIBLE STEEL CONDUIT:
(1) FOR INDOOR FINAL CONNECTION TO RECESSED LIGHT FIXTURES. LENGTH SHALL NOT EXCEED 72".
E. ALUMINUM CONDUITS, IMC CONDUITS OR ALUMINUM FITTINGS ARE NOT APPROVED FOR USE ON THIS PROJECT.
F. ALL CONDUIT FITTINGS SHALL BE MALLEABLE IRON/STEEL.
G. COUPLING:
(1) EMT COUPLING - APPLETON TWC-CS SERIES
(2) EMT CONNECTOR - APPLETON TW-CSI SERIES
(3) FLEX CONDUIT CONNECTOR - T&B "TITE BITE", INSULATED (4) LIQUID TIGHT FLEX CONDUIT CONNECTOR - APPLETON "STB" SERIES UP TO 2", "ST" SERIES OVER 2".
H. RIGID STEEL CONDUIT CONNECTED TO BOXES AND CABINETS SHALL BE FITTED WITH TWO LOCKNUTS AND INSULATING BUSHING, OA "A" SERIES. PROVIDE GROUNDING BUSHING OZ "BL" SERIES WHERE LOCKNUTS AND BUSHING IS NOT USED. CONDUITS CONNECTED TO BOXES
EXPOSED TO WEATHER/MOISTURE SHALL BE FITTED WITH WATERTIGHT SEALING HUBS OF STEEL OR MALLEABLE IRON WITH SEALING RING AND INSULATED THREAT, T & B 370 SERIES.
I. TYPE NM AND NMC CABLES SHALL NOT BE USED ON THIS PROJECT.
J. THE PROJECT DRAWINGS ARE LAID OUT USING SOLID CONDUITS AND CABLES PULLED THROUGH SUCH CONDUITS. MC CABLES MAY BE UTILIZED AS DESCRIBED BELOW, WITH RESTRICTIONS NOTED.
(1) PRIOR APPROVAL OF OWNER/ARCHITECT OR ENGINEER REQUIRED. (2) MC CABLES SHALL BE AS MANUFACTURED BY SOUTHWIRE TYPE EZ-MC DURACLAD TYPE WITH
LIGHT WEIGHT STEEL ARMOR AND INSULATED GREEN GROUNDING CONDUCTORS OR APPROVED EQUAL.
(3) SHALL BE USED FOR BRANCH CIRCUITS ONLY AS NOTED BELOW. (a) CANNOT BE USED ANYWHERE EXPOSED.
(b) LIGHTING: VERTICAL DROPS IN WALL FOR LIGHT SWITCHES FORM JBOX IN CEILING.
HORIZONTAL RUNS IN CEILING SHALL BE IN SOLID STEEL CONDUITS. (c) POWER RECEPTACLES:
(A) FOR UNDERGROUND HOMERUNS: SOLID CONDUIT VERTICAL RISER IN WALL FROM UNDERGROUND CONDUIT TO FIRST RECEPTACLE JBOX. THEN HORIZONTAL RUNS WITHIN WALLS TO OTHER RECEPTACLE BOXES IN MC CABLE.
(B) FOR OVERHEAD HOMERUNS: VERTICAL DROPS FROM JBOX IN CEILING THEN HORIZONTAL RUNS WITHIN WALLS TO OTHER RECEPTACLES. HORIZONTAL RUNS IN CEILING SHALL BE IN SOLID STEEL CONDUITS.
(d) NO OTHER USE IS PERMITTED WITHOUT SPECIFIC WRITTEN APPROVAL OF THE ARCHITECT OR ENGINEER.
(4) ALL FITTINGS AND TERMINATIONS FOR THE MC CABLING SYSTEM SHALL BE METAL AND SUITABLE AND LISTED FOR SUCH USE.
(5) ALL SUPPORTS, ATTACHMENTS SPACING SHALL BE PER CEC 330.30. (6) FOR MULTI-WIRE BRANCH CIRCUITS SUCH CABLES SHALL HAVE MULTIPLE NEUTRALS, ONE FOR EACH CIRCUIT.
6. CONDUCTORS SHALL BE COPPER CONDUCTORS TYPE THHN/THWN UNLESS OTHERWISE NOTED OR REQUIRED BY CODE.
7. ALL DEVICES, CONDUITS, RACEWAYS AND CABLES SHOWN ARE NEW TO BE PROVIDED UNLESS OTHERWISE NOTED.
8. THE OWNER RESERVES THE RIGHT TO RELOCATE ALL LIGHTING, OUTLETS AND SWITCHES BEFORE THEY ARE ROUGHED IN AT NO EXTRA COST.
260551. INSTALLATION OF RACEWAYS AND FITTINGS:
1. CONCEAL RACEWAYS WITHIN CEILINGS, WALLS, AND FLOORS EXCEPT WHERE EXPOSED RACEWAYS ARE SPECIFICALLY PERMITTED.
2. WHERE CONDUIT IS ALLOWED TO BE EXPOSED, INSTALL THE CONDUIT PARALLEL WITH OR AT RIGHT ANGLES TO STRUCTURAL MEMBERS, WALLS, AND LINES OF THE BUILDING.
3. INSTALL WHERE INDICATED, OR AS REQUIRED BY CODE, PULLBOXES AND JUNCTION BOXES OF SUFFICIENT SIZE TO FACILITATE WIRING. BOXES SHALL BE SIZED TO PROPERLY ACCOMMODATE ALL CONDUCTORS ENTERING SAME.
4. DO NOT INSTALL CONDUIT OR TUBING WHICH HAS BEEN CRUSHED OR DEFORMED.
5. RUN CONDUCTORS OF SAME CIRCUIT IN SAME CONDUIT. RUN CONDUCTORS OF DIFFERENT VOLTAGE SYSTEMS IN SEPARATE CONDUITS.
6. INSTALL NO CONDUCTORS UNTIL WORK WHICH MIGHT CAUSE DAMAGE TO SUCH CONDUCTORS OR THE CONDUIT HAS BEEN COMPLETED.
7. KEEP ALL CONDUITS AT LEAST SIX INCHES AWAY FROM THE COVERING ON HOT WATER OR STEAM PIPES.
8. CAP RACEWAY ENDS DURING CONSTRUCTION. CLEAN OR REPLACE CONDUITS IN WHICH WATER OR FOREIGN MATTER HAVE ACCUMULATED, TO THE SATISFACTION OF THE ARCHITECT.
9. CONDUITS SHALL BE SUPPORTED WITH STRAPS, WITH GALVANIZED MALLEABLE SPLIT RING AND
ROD FOR INDIVIDUAL RUNS OR WITH KINDORF OR UNISTRUT CHANNEL SUPPORTS FOR MULTIPLE RUNS. DISTANCE BETWEEN SUPPORTS SHALL NOT EXCEED 10 FEET. CONDUITS SHALL BE SUPPORTED INDEPENDENTLY OF ONE ANOTHER.
10. CONDUITS CONNECTED TO BOXES AND CABINETS SHALL BE FITTED WITH TWO LOCKNUTS AND INSULATED BUSHING, OA "A" SERIES.
11. CONDUITS NOT CONNECTED WITH LOCKNUTS AND BUSHINGS SHALL BE FITTED WITH GROUNDING BUSHING, OZ "BL" SERIES, U. L. APPROVED AND BONDED.
12. CONDUIT STRAPS FOR INDIVIDUAL RUNS SHALL BE SECURED BY TOGGLE BOLTS ON HOLLOW
MASONRY, EXPANSION ANCHORS ON SOLID CONCRETE OR MASONRY, MACHINE SCREWS OR BOLTS ON METAL SURFACES AND WOOD SCREWS ON WOOD CONSTRUCTION. THE USE OF NAILS TO ANCHOR STRAPS ON WOOD CONSTRUCTION IS PROHIBITED. STRAPS SHALL BE TWO HOLE MALLEABLE IRON OR SNAP-TYPE STEEL WITH RIBBED BACK, GALVANIZED OR CADMIUM PLATED.
13. PLACEMENT OF ALL BOXES SHALL BE GOVERNED BY APPLICABLE ARCHITECTURAL AND STRUCTURAL REQUIREMENTS.
14. CONDUIT FITTINGS: EXCEPT WHERE OTHERWISE NOTED, CONDUIT FITTINGS SHALL BE APPLETON OR APPROVED EQUAL. UNILETS SHALL BE MALLEABLE IRON AND FITTED WITH COVERS AND GASKETS.
15. TELEPHONE AND SIGNAL CONDUIT BENDS WHERE REQUIRED SHALL HAVE A RADIUS OF TEN TIMES THE CONDUIT TRADE SIZE.
16. PROVIDE PULL TAPE IN ALL EMPTY CONDUITS.
260553. NAMEPLATES & IDENTIFICATION:
1. INSTALL ENGRAVED NAMEPLATES FOR EACH PANELBOARD, CABINET, DISCONNECT, ETC.
NAMEPLATES SHALL BE SECURELY FASTENED TO THE EQUIPMENT WITH #4 PHILLIPS ROUND HEAD CADMIUM PLATED SELF-TAPPING SCREWS, BRASS BOLT.
2. PROVIDE CIRCUIT LABEL INDICATING PANEL AND CIRCUIT NUMBER ON EACH COVERPLATE FOR EACH RECEPTACLE AND LIGHT SWITCH, MOTION SENSOR SWITCH. SUCH LABEL SHALL BE SELF ADHESIVE WHITE TAPE WITH BLACK LETTERS MADE ON A LABEL MAKER.
3. ALL CONTROLLED RECEPTACLES SHALL BE PERMANENTLY MARKED TO DIFFERENTIATE THEM FROM UNCONTROLLED RECEPTACLES PER CALIFORNIA ENERGY CODE SECTION 130.5(d)(3). 260800. TESTING:
1. THE ENTIRE ELECTRICAL INSTALLATION SHALL BE FREE FROM SHORT CIRCUITS AND IMPROPER GROUNDS. TEST ALL WIRING AND CONNECTIONS FOR CONTINUITY AND GROUNDS BEFORE ANY
FIXTURES OR EQUIPMENT ARE CONNECTED AND WHERE SUCH TESTS INDICATE FAULTY
INSULATION OR OTHER DEFECTS, THEY SHALL BE LOCATED, REPAIRED AND RETESTED AT THE CONTRACTOR'S EXPENSE. PROVIDE ALL INSTRUMENTS TO MAKE SUCH TESTS.
2. DEMONSTRATE TO THE OWNER AND THE ARCHITECT, THAT THE ENTIRE INSTALLATION IS
COMPLETE, IN PROPER OPERATING CONDITION AND THAT THE CONTRACT HAS BEEN PROPERLY AND FULLY EXECUTED.
260800.02. WARRANTIES, GUARANTEES, CERTIFICATES, ETC.:
1. WARRANTIES, GUARANTEES, CERTIFICATES, ETC. THAT ARE FURNISHED AND AVAILABLE FOR
EQUIPMENT AND MATERIALS FURNISHED AND INSTALLED UNDER THIS SECTION SHALL BE
PROPERLY FILLED OUT AS OF DATE OF ACCEPTANCE OF THE WORK BY THE OWNER AND SHALL BE DELIVERED TO THE ARCHITECT.
260943. INTERIOR LIGHTING CONTROL SYSTEM:
1. PROVIDE A COMPLETE AND FULLY OPERATIONAL INTERIOR LIGHTING CONTROL SYSTEM FOR INTERIOR LIGHTING AS SPECIFIED HEREIN AND SHOWN ON THE DRAWINGS.
2. THE COMPLETE SYSTEM, INCLUDING ALL DEVICES SHALL BE IN COMPLIANCE WITH THE 2019 CALIFORNIA ENERGY CODE.
3. THE COMPLETE SYSTEM SHALL BE AS MANUFACTURED BY NLIGHT, WATTSTOPPER, OR GREENGATE CONSISTING OF:
A. LUMINARIES WITH 0-10V DIMMING LED DRIVERS.
B. WALL DIMMER SWITCHES THAT COMMUNICATE THROUGH ROOM CONTROLLERS.
C. OCCUPANCY SENSORS THAT COMMUNICATE THROUGH ROOM CONTROLLERS.
4. ALL SYSTEM COMPONENTS SHALL BE UL LISTED. ALL SYSTEM CONTROL COMPONENTS SHALL BE APPROVED BY THE CALIFORNIA ENERGY COMMISSION.
5. ALL EQUIPMENT AND ITEMS OF CONTROL SHALL BE INSTALLED AND WIRED IN ACCORDANCE WITH MANUFACTURER'S REQUIREMENTS.
6. PROVIDE WALL OCCUPANCY SENSOR LIGHT SWITCHES WHERE SO SHOWN ON PLANS. SUCH OCCUPANCY SENSOR SWITCHES SHALL BE SINGLE LEVEL AUTOMATIC "ON"/AUTOMATIC "OFF" AS SHOWN ON PLANS. SENSORS SHALL COMPLY WITH SECTION 110.9 OF THE ENERGY CODE.
7. THE SYSTEM SHALL AUTOMATICALLY SWITCH OFF ALL LIGHTS WHEN CONTROLLED SPACE BECOMES UNOCCUPIED AND SWITCH ON LIGHTS WHEN THE SPACE IS RE-OCCUPIED. ALL SENSORS SHALL BE PROVIDED WITH USER ADJUSTABLE TIME DELAY (15 SEC. TO 20 MINUTES) FOR "SWITCH-OFF" FUNCTION AND ADJUSTABLE SENSITIVITY.
8. LOW VOLTAGE WIRING IS NOT REQUIRED TO BE IN CONDUIT EXCEPT IN HARDLID CEILINGS WHERE SUCH WIRES SHALL BE RUN IN CONDUIT.
262726. WIRING DEVICES:
1. UNITS SHALL BE EQUAL TO THE DEVICES SET FORTH HEREIN, IN STANDARD COLORS (BROWN, WHITE, GREY, BEIGE OR IVORY) AS SELECTED BY THE ARCHITECT:
A. WIRING DEVICES LEVITON # HUBBELL # P & S # SINGLE POLE SWITCH, 15A 1201-2 HBL1201 PS15AC1 DUPLEX CONV. GFI OUTLET, 20A 6899 GF15 2095L
2. THE MOUNTING HEIGHTS OF LIGHT SWITCHES, RECEPTACLES AND CONTROLS SHALL BE MAXIMUM 48" MEASURED TO THE TOP OF BOXES OR MINIMUM 16" TO THE BOTTOM OF BOXES. SEE "LEGEND" FOR ACTUAL MOUNTING HEIGHTS OF DEVICES. VERIFY HEIGHT WITH ARCHITECT WHERE AN ACTUAL MOUNTING HEIGHT IS NOT CALLED OUT ON PLANS.
3. SINGLE RECEPTACLE SERVED BY INDIVIDUAL 20A BRANCH CIRCUIT DEDICATED TO THE OUTLET SHALL BE 20A RATED PER CEC 210.21(B)(1). ALL OTHERS SHALL BE 15A RATED.
4. 120V, 15A AND 20A RECEPTACLES ARE NOW SUBJECT TO CALIFORNIA ENERGY CODE, SECTION 130.5(d). ALL SUCH OUTLETS SHALL BE CONSIDERED AS UNCONTROLLED EXCEPT THOSE WHICH ARE SPECIFICALLY CALLED OUT ON THE PLANS AS CONTROLLED. SEE "CONTROLLED 120V RECEPTACLES" PARAGRAPH BELOW.
262726.02. DEVICE PLATES:
1. ALL DEVICE PLATES FOR INDOOR USE SHALL BE NYLON.
2. ALL DEVICE BOXES WHICH ARE INSTALLED IN FIRE RATED WALL ASSEMBLY AND IS PROVIDED WITH
A FIRE-STOPPING PUTTY PAD SHALL HAVE A BRUSHED STAINLESS STEEL COVERPLATE IN ACCORDANCE WITH THE REQUIREMENTS OF THE PUTTY PAD.
3. DEVICE COVERS FOR SURFACE MOUNTED BOXES SHALL BE 1/2" RAISED STEEL PLATES.
4. DEVICE COVERS FOR DEVICES LOCATED IN DAMP LOCATIONS SHALL COMPLY WITH CEC 406.9(A).
5. DEVICE COVERS FOR DEVICES LOCATED IN WET LOCATIONS SHALL COMPLY WITH CEC 406.9(B). 265100. LIGHTING:
1. ALL LUMINARIES SHALL BE CERTIFIED BY THE MANUFACTURER TO THE CALIFORNIA ENERGY COMMISSION:
A. ALL LUMINARIES SPECIFIED ON THIS PROJECT SHALL BE AS NOTED IN THE "LIGHT FIXTURE SCHEDULE" ON THESE PLANS. NO SUBSTITUTES ARE PERMITTED WITHOUT WRITTEN APPROVAL OF THE ENGINEER.
B. ALL INTERIOR LUMINARIES SHALL BE PROVIDES WITH 0-10V DIMMING LED DRIVERS.
C. ALL EXTERIOR LUMINARIES SHALL BE PROVIDED WITH 0-10V DIMMING LED DRIVERS WITH INTEGRAL MOTION SENSORS WHERE SO NOTED.
•
•
LIGHTING FIXTURES
LINEAR FIXTURE
SQUARE = RECESSED
CIRCLE =SURFACE
DOWNLIGHT, SQUARE = RECESSED
WALL MOUNT
CEILING EXHAUST FAN
FIXTURE NOTATIONS:
A,(b),C-12 FIXTURE TYPE "A", SWITCH "b", CIRCUIT C-12
EMERGENCY LIGHTING
EXIT SIGN WITH 90 MIN BATTERY BACKUP
WALL MOUNT EMERGENCY LIGHT WITH 90 MIN BATTERY BACK
FIXTURES WITH INTEGRAL EMERGENCY BALLAST
LIGHT SWITCH, +48" TO TOP OF BOX
WALL MOUNT OCCUPANCY SENSOR (LINE VOLTAGE), +48" TO TOP OF BOX
BASIC LIGHTING CONTROLS
S
S
D DIMMER SWITCH, +48" TO TOP OF BOX
TITLE 24 LIGHTING CONTROLS
LIGHT SWITCH
COMPONENTS OF DIMMING ROOM CONTROLLER
NOTES:
1. FOR SUBMITTAL INCLUDE FACTORY CONTROL DRAWINGS.
2. CONDUCT A CONTROLS PRE-CONSTRUCTION MEETING WITH CONTROLS STARTUP TEAM. PROVIDE AGENDA AND ATTENDEES AS A SUBMITTAL. INCLUDE DEVICE I.D.
TAGS, PROGRAMMING, CABLE ROUTING, PROGRAM AND TIME SCHEDULES AND DATE OF PROGRAMMING AND TESTING.
3. CONTRACTOR TO HAVE SYSTEM FACTORY SUPPORT FOR START UP, PROGRAMMING AND COMMISSIONING. VERIFY OPERATIONAL HOURS WITH OWNER PRIOR TO COMMISSIONING.
S
OS CEILING MOUNT OCCUPANCY SENSOR
ELECTRICAL POWER
•
ALL LINE VOLTAGE WIRING IN CONDUIT, SEE GENERAL NOTES
TICKS = # OF #12 WIRE, SHORT = HOT, LONG = NEUTRAL, DOT = GROUND,
UNLESS NOTED OTHERWISE
120V OUTLET, +18" TO BOTTOM OF BOX (MINIMUM)
GFI = GROUND FAULT INTERRUPTER
120V DUPLEX OUTLET MOUNTED AT +42" A.F.F. OR +4" ABOVE COUNTERTOP AS APPLICABLE
QUADRUPLEX OUTLET
PANELBOARD
TRANSFORMER / SWITCHBOARD AS NOTED
DASHED = UNDERGROUND
ELECTRICAL LEGEND
42 GENERAL NOTES & LEGEND
Project No.:
NJA ARCHITECTURE
212 W PINE STREET, STE #1
LODI, CA 95240
209.400.6080
www.njaarchitecture.com
Revisions
ENGINEERING DIVISION
RECORD DRAWINGS CITY OF MILPITAS
Designer:
Public Works Inspector:
Utility/Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
DRAWN
BY:
CHECKED
BY:
DESIGNED
BY:
Date:
Date:
Date:
Date:
Res. No.
RECOMMENDED FOR BIDDING BY:
Samu Tiumalu, Public Works Division Manager - Operations DATE:
SCALE: AS NOTED
PROJECT NO.
2024.173
REC. DWG NO.
DESIGNER STAMP:
DATE:
DATE:
DATE:
Num. Description Aprv. Date.Engr.
CALIFORNIA
JANUARY 26, 1954
OF
TY CI
INCORPORATED
ITAS
L
M
I
P MILPITAS POLICE DEPARTMENT
1275 N. MILPITAS BLVD. MILPITAS, CA 95035 PERMIT SET
01.16.2025
HCSEngineering
50 years
4512 Feather River Dr #F, Stockton, CA 95219
209-478-8270 | www.hcs-eng.com
Richard C. Smith, PE [email protected]
Bhupendra Patel, PE [email protected]
PROJECT # 2024.173
FILE: C:\Users\12093\Box\HCS\2024\101-200\2024.173 milpitas pd ti\E0.2.dwg Feb 05, 2025 - 1:55pm 12093 SHEET OF 46
ELECTRICAL LEGEND (CONT.)
MOUNTING HEIGHTS
LIGHT SWITCHES
12" TYPICAL
FINISHED FLOOR
FINISHED CEILING
AUDIBLE FIRE ALARM APPLIANCE
NOT LESS THEN 90" A.F.F. OR AT
LEAST 6" BELOW CEILING
THERMOSTAT OR
WALL PHONE
SYSTEMS FURNITURE
CONNECTIONS +18" TO
BOTTOM OF BOX (MIN.)
CONVENIENCE OUTLETS,
PHONE & DATA OUTLETS, +18"
TO BOTTOM OF BOX (MIN.)
48" MAX. TO
TOP OF BOX
VISUAL APPLIANCE TO BE
NOT LESS THAN 80" A.F.F.
MIN, AND NOT MORE THAN
96" AFF TO BOTTOM FIRE ALARM MANUAL PULL
STATION SHALL NOT REQUIRE
"TIGHT GRASPING, PINCHING
OR TWISTING OF THE WRIST".
THE HEIGHT OF THE MANUAL
FIRE ALARM BOXES SHAL NOT
BE LESS THAN 42" AND NOT
MORE THAN 48" MEASURED
VERTICALLY FROM THE FLOOR
LEVEL TO THE HIGHEST POINT
OF THE ACTIVATING HANDLE
OR LEVER OF THE BOX. CBC
907.4.2.2 (2019)
DRAFTING NOTATIONS
NUMBERED NOTE, SEE SCHEDULE
NEW ELECTRICAL
EXISTING ELECTRICAL OR DEMOLISHED WHERE NOTED
EXISTING DEVICE, TO REMAIN IN OPERATION
REMOVE DEVICE, KEEP REMAINDER OF CIRCUIT IN OPERATION
(e) (E)
(r) (R)
#
ONE LINE DIAGRAM
BUS / SWITCHBOARD
PANEL
GROUND
METER
CURRENT TRANSFORMER
POTENTIAL TRANSFORMER
DRY TYPE TRANSFORMER
CIRCUIT BREAKER 50 AMP RATED, 3 POLE
GFI = GROUND FAULT INTERRUPTER
AFCI = ARC FAULT CIRCUIT INTERRUPTER
M
#
#
ABBREVIATIONS
MECHANICAL CONTRACTOR
UNLESS OTHERWISE NOTED
AMPERE INTERRUPTING CAPACITY
GROUND FAULT INTERRUPTER
REMOVE REPLACE
LIGHTING CONTACTOR
NIGHT LIGHT
GENERAL CONTRACTOR
ELECTRICAL CONTRACTOR
PLUMBING CONTRACTOR
KILOVOLT AMPERE
ALUMINUM
CONDUIT ONLY
WEATHERPROOF
ABOVE FINISHED FLOOR
ABOVE FINISHED GRADE
UNDERGROUND
M.C.
G.C.
P.C.
E.C.
AMPEREA, AMP
VV O L T
CKT.
KVA
CU COPPER
PULLBOX
LC
NL
PB
AL
CIRCUIT
KILOWATT
SPACESP
KW
(e),(E)
A.I.C.
(RR)
GND
REMOVE
GROUND
(R)
AND
WITH
EXISTING
GFI
&
W/
MIN.
U.O.N.
A.F.F.
MAX.
C CONDUIT
MINIMUM
NUMBER
MAXIMUM
NO.
WP
CO
UG
A.F.G.
REMOVE RELOCATE(RL)
TOTAL KVA :
MOUNTING :
BUSSING :
DESCRIPTION LOAD BRKR
1 3
5 7
9 11
13 15
17 19
21 23
25 27
29 31
33 35
37 39
41 2
4 6
8 10
12 14
16 18
20 22
24 26
28 30
32 34
36 38
40 42
VA TOTAL
LOADBRKR
VOLTAGE :
FEEDER :
(e)PANEL
CONNECT AMPS:
LOCATION : TITLE 24 CATEGORY:
MCB MLO
A.I.C. :
SEE ONE LINE DIAGRAM
EXISTING
DESCRIPTION
(e) OUTLETS 360 (e)20/1 360 (e) OUTLETS
"L1C"
15.1 FLUSH
100A
42.0A
120/208V, 3Ø, 4W
- MIXED
EXISTING
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
7560
(e)20/1
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
TOTAL KVA :
MOUNTING :
BUSSING :
DESCRIPTION LOAD BRKR
1 3
5 7
9 11
13 15
17 19
21 23
25 27
29 31
33 35
37 39
41 2
4 6
8 10
12 14
16 18
20 22
24 26
28 30
32 34
36 38
40 42
VA TOTAL
LOADBRKR
VOLTAGE :
FEEDER :
CONNECT AMPS:
LOCATION : TITLE 24 CATEGORY:
MCB MLO
A.I.C. :
SEE ONE LINE DIAGRAM
EXISTING
DESCRIPTION
(e) LIGHTING 360 (e)20/1 360 (e)20/1 (e) LIGHTING
"H1B"
16.3 FLUSH
150A
45.4A
277/480V, 3Ø, 4W
- MIXED
EXISTING
(e)PANEL
7560
360
360
360
360
360
360
360
360
360
360
360
360
(e) ROLLUP DOOR 1800
(e)20
3 (e) ROLLUP DOOR 1800
(e)20
3 (e) EF 500 (e)20/1
(e)20/1(e) SPARE
8780
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
360
7560
FIXTURE SCHEDULE
#LAMPS W/LAMP DESCRIPTION MANUFACTURER'S NO.TYPE LOAD
LEDA
LITHONIA
#FMVCSLS-24IN-MVOLT-40K-90CRI-BN
2FT VANITY LIGHT
18 --
COMBINATION EXIT SIGN/
EGRESS LIGHT UNIT, 90 MIN
BATTERY BACKUP
--
REMOTE EMERGENCY
EXTERIOR LIGHT POWERED
BY
--
WALL MOUNT EMERGENCY
EGRESS LIGHT UNIT, 90 MIN
BATTERY BACKUP
LITHONIA
#LHQM-LED-R-HO-SD
LITHONIA
#ELM2L
LITHONIA
AFF-OELR-DWHGXD-WT
LEDB
6" RECESSED DOWNLIGHT
2000L
LITHONIA
#LDN6-40/20-L06-AR-LSS-TRW-MVOLT-
GZ10
22 LEDC
6" RECESSED DOWNLIGHT
SHOWER
VANTAGE LIGHTING
#A6VOFLED-U-120V-277V-07-40K-M6019
-WHT-ZDM
9 (e)MAIN SERVICE SWITCHBOARD "MBMS"
(e)1600A - 277/480V, 3Ø, 4W
(e) GROUND
(e)150
3 (e)PANEL
"H1B"
(e)800
3 (e) TRANSFORMER 480V TO
120/208V, 3Ø, 4W
(e)
(e)
(e)DISTRIBUTION PANEL "MBDS"
(e)1600
3 (e)1600A - 120/208, 3Ø, 4W
(e)100
3 (e) GROUND
(e)
(e)PANEL
"L1C"
SHOWN FOR REFERENCE ONLY
ONE LINE DIAGRAM
SHOWN FOR REFERENCE ONLY
SHOWN FOR REFERENCE ONLY
(e)
43 E0.2
LEGEND (CONT.), ONE LINE DIAGRAM, PANEL SCHEDULES & ELECTRICAL DETAILS
UP
UP
D.F.
(R)(R)(R)
(R) (R) (R)
(R)
(R) (R)
(R)
(R)
(R)
(R)
(R)
(R)
(R)
(R) (R)(R)
(R)
(R)
(R)
(R)
(R)(R)
(R) (R)
(R)
(R) (R) (R) (R)
(e) HALLWAY NOT IN SCOPE
(R)
SCALE: 1/4"=1'-0"
NORTH
DEMOLITION FLOOR PLAN
Project No.:
NJA ARCHITECTURE
212 W PINE STREET, STE #1
LODI, CA 95240
209.400.6080
www.njaarchitecture.com
Revisions
ENGINEERING DIVISION
RECORD DRAWINGS CITY OF MILPITAS
Designer:
Public Works Inspector:
Utility/Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
DRAWN
BY:
CHECKED
BY:
DESIGNED
BY:
Date:
Date:
Date:
Date:
Res. No.
RECOMMENDED FOR BIDDING BY:
Samu Tiumalu, Public Works Division Manager - Operations DATE:
SCALE: AS NOTED
PROJECT NO.
2024.173
REC. DWG NO.
DESIGNER STAMP:
DATE:
DATE:
DATE:
Num. Description Aprv. Date.Engr.
CALIFORNIA
JANUARY 26, 1954
OF
TY CI
INCORPORATED
ITAS
L
M
I
P MILPITAS POLICE DEPARTMENT
1275 N. MILPITAS BLVD. MILPITAS, CA 95035 PERMIT SET
01.16.2025
HCSEngineering
50 years
4512 Feather River Dr #F, Stockton, CA 95219
209-478-8270 | www.hcs-eng.com
Richard C. Smith, PE [email protected]
Bhupendra Patel, PE [email protected]
PROJECT # 2024.173
FILE: C:\Users\12093\Box\HCS\2024\101-200\2024.173 milpitas pd ti\E1.0.dwg Feb 05, 2025 - 1:55pm 12093 SHEET OF 46
NUMBERED NOTES THIS SHEET:
REUSE EXISTING OUTLET STRIP CIRCUIT FOR BODY CAM STORAGE ROOM
OUTLETS
1 44
E1.0
DEMOLITION FLOOR PLAN
UP
A
A
A
TYPICAL
TYPICAL
C
BODY CAM
STORAGE
102
VESTIBULE
100
WOMEN'S LOCKER
ROOM
106
NURSING ROOM
108
SHOWER
107
VESTIBULE
104
VESTIBULE
101
VESTIBULE
105
50 SQ FT
115 SQ FT
46 SQ FT 53 SQ FT
67 SQ FT
640 SQ FT
62 SQ FT
B
B
B
B B B
BB
B B
B
B
B
BB
B
BB
B
B
B
B
B
B
UP
GFI
GFI
BODY CAM
STORAGE
102
VESTIBULE
100 WOMEN'S LOCKER
ROOM
106
NURSING ROOM
108
SHOWER
107
VESTIBULE
104
VESTIBULE
101
VESTIBULE
105
SCALE: 1/4"=1'-0"
NORTH
LIGHTING FLOOR PLAN
Project No.:
NJA ARCHITECTURE
212 W PINE STREET, STE #1
LODI, CA 95240
209.400.6080
www.njaarchitecture.com
Revisions
ENGINEERING DIVISION
RECORD DRAWINGS CITY OF MILPITAS
Designer:
Public Works Inspector:
Utility/Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
DRAWN
BY:
CHECKED
BY:
DESIGNED
BY:
Date:
Date:
Date:
Date:
Res. No.
RECOMMENDED FOR BIDDING BY:
Samu Tiumalu, Public Works Division Manager - Operations DATE:
SCALE: AS NOTED
PROJECT NO.
2024.173
REC. DWG NO.
DESIGNER STAMP:
DATE:
DATE:
DATE:
Num. Description Aprv. Date.Engr.
CALIFORNIA
JANUARY 26, 1954
OF
TY CI
INCORPORATED
ITAS
L
M
I
P MILPITAS POLICE DEPARTMENT
1275 N. MILPITAS BLVD. MILPITAS, CA 95035 PERMIT SET
01.16.2025
HCSEngineering
50 years
4512 Feather River Dr #F, Stockton, CA 95219
209-478-8270 | www.hcs-eng.com
Richard C. Smith, PE [email protected]
Bhupendra Patel, PE [email protected]
PROJECT # 2024.173
FILE: C:\Users\12093\Box\HCS\2024\101-200\2024.173 milpitas pd ti\E2.0.dwg Feb 05, 2025 - 1:55pm 12093 SHEET OF 46
SCALE: 1/4"=1'-0"
NORTH
POWER FLOOR PLAN
NUMBERED NOTES THIS SHEET:
CONNECT FIXTURES TO EXISTING CORRIDOR CIRCUIT & CONTROLS.
CONNECT TO EXISTING LIGHTING CIRCUIT,
CONDUITS TO CONTAIN UNSWITCHED NOT LEG, SWITCHED HOT LEG, NEUTRAL, GROUND AND GRAY AND VIOLET 0-10V DIMMING CONTROL.
INTERCONNECT ALL LIGHTING CONTROL DEVICES (DIMMERS, OCCUPANCY,
PHOTOCELL AND LOCAL LIGHTING CONTROLLER) PER MANUFACTURER REQUIREMENTS.
CONNECT TO REMOVED OUTLET STRIP CIRCUIT. SEE SHEET E1.0 FOR OUTLET STRIP CIRCUIT TO BE REUSED.
CONNECT TO EXISTING BATHROOM CIRCUIT.
1 2
3 4
5 6
45 E2.0
LIGHTING FLOOR PLAN & POWER FLOOR PLAN
Project No.:
NJA ARCHITECTURE
212 W PINE STREET, STE #1
LODI, CA 95240
209.400.6080
www.njaarchitecture.com
Revisions
ENGINEERING DIVISION
RECORD DRAWINGS CITY OF MILPITAS
Designer:
Public Works Inspector:
Utility/Facility Dept. Head:
Project Engineer:
Public Improvements Initially Accepted by
the City Council on:
DRAWN
BY:
CHECKED
BY:
DESIGNED
BY:
Date:
Date:
Date:
Date:
Res. No.
RECOMMENDED FOR BIDDING BY:
Samu Tiumalu, Public Works Division Manager - Operations DATE:
SCALE: AS NOTED
PROJECT NO.
2024.173
REC. DWG NO.
DESIGNER STAMP:
DATE:
DATE:
DATE:
Num. Description Aprv. Date.Engr.
CALIFORNIA
JANUARY 26, 1954
OF
TY CI
INCORPORATED
ITAS
L
M
I
P MILPITAS POLICE DEPARTMENT
1275 N. MILPITAS BLVD. MILPITAS, CA 95035 PERMIT SET
01.16.2025
HCSEngineering
50 years
4512 Feather River Dr #F, Stockton, CA 95219
209-478-8270 | www.hcs-eng.com
Richard C. Smith, PE [email protected]
Bhupendra Patel, PE [email protected]
PROJECT # 2024.173
FILE: C:\Users\12093\Box\HCS\2024\101-200\2024.173 milpitas pd ti\ET24.dwg Feb 05, 2025 - 1:56pm 12093 SHEET OF 46
46 ET24
INDOOR LIGHTING COMPLIANCE
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Authorizing Submittal of a Grant Application to the California Department of Resources Recycling and Recovery for the Rubberized Pavement Grant Program, and Authorize the City Manager, or Designee, to Execute Grant Funding Agreements and Appropriate Award Funds (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 authorizing submittal of a grant application to the California Department of Resources Recycling and Recovery (CalRecycle) Rubberized Pavement Grant Program, and (2) Authorize the City Manager, or designee, to execute grant funding agreement(s) with CalRecycle and appropriate awarded funds into City’s street resurfacing program for five fiscal years.
BACKGROUND:
The Traffic and Transportation Engineering section of the Public Works Department is responsible for planning and managing the Citywide Street Resurfacing Program including searching for grant opportunities to enhance the Program. The Rubberized Pavement Grant Program (Grant Program) established by the California Department of Resources Recycling and Recovery (CalRecycle) provides grant funding to local agencies that uses rubberized material for hot mix asphalt concrete and chip seal projects.
The Grant Program aims to repurpose waste tires to reduce the environmental impacts of disposal and stockpiling generated in California. The waste tires are processed into crumb rubber granules, which are then blended with asphalt cement to form an asphalt rubber binder. This binder serves as the initial oil layer that embeds the aggregates for hot mix and chip seal, providing improved resistance to reflective cracking, oxidation, and aging compared to conventional materials.
CalRecycle awards grant up to $375,000 for an individual application that utilizes at least 2,000 tons of Rubberized Asphalt Concrete (RAC) or 40,000 square yards of Rubberized Chip Seal (RSC) for a proposed project. The Citywide Street Resurfacing Program is an ideal candidate for this grant program and would contribute to maintaining the City’s goal minimum Pavement Condition Index (PCI) rating of 70.
ANALYSIS:
CalRecycle issues funds on a reimbursement basis at a rate of $30 per ton for RAC and $1.00 per square yard for RSC, up to a maximum of $375,000. Staff will submit a grant application to CalRecycle for the FY 2025/26 cycle of the Grant Program by the application deadline of September 11, 2025. It will include a request of funding for approximately 12,500 tons of rubberized asphalt concrete for the street resurfacing projects to be completed in 2026. The projects are associated with Dempsey Road, CIP No. 4305, Great Mall Parkway Phase 2, CIP No. 4300, and/or Yellowstone Ave., CIP No. 4307 which are predominantly funded from 2016 Measure B, SB1 – RMRA funds and Vehicle Registration Fund. If awarded, the final report on the use of the 2025-26 grant funds must be submitted to CalRecycle no later than April 1, 2028, when the grant term ends.
Staff recommends the City Council adopt the resolution to authorize staff to submit a grant application to CalRecycle and authorize the City Manager or designee to execute grant funding agreement(s) with CalRecycle and appropriate the awarded funds, if received, into the Citywide Street Resurfacing Program.
POLICY ALTERNATIVE(S):
Alternative 1: Not approving the Resolution to apply for CalRecycle Grant.
Pros: None
Cons: The City will miss an opportunity to receive up to $375,000 in grant funding for Annual Street Resurfacing Project.
Reason for Not Recommending: The Street Resurfacing Program is essential to ensuring long-term pavement performance throughout the City and maintaining a PCI rating of at least 70. Not approving the resolution would miss an opportunity to increase the annual project budget that would be used to extend street maintenance efforts in future fiscal years.
FISCAL IMPACT:
There are no matching funds required in the event of this grant award. Therefore, there is no adverse fiscal impact to apply for this grant. This action creates an opportunity for the City to receive up to $375,000 in grant funding for the Annual Street Resurfacing Program.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
No environmental review is required because the recommended actions are fiscal and administrative in nature and do not constitute “a project” as defined in CEQA Guidelines Section 15378. Actions undertaken to approve construction of pavement maintenance projects related to this item will be considered for appropriate environmental review.
ATTACHMENT:
(a) Resolution
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS
AUTHORIZING SUBMITTAL OF GRANT APPLICATIONS TO THE CALIFORNIA
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY UNDER THE RUBBERIZED PAVEMENT GRANT PROGRAM (CALRECYCLE); AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE GRANT
FUNDING AGREEMENTS WITH CALRECYCLE AND APPROPRIATE AWARDED
FUNDS INTO THE STREET RESURFACING PROGRAM FOR FIVE FISCAL YEARS
WHEREAS, California Public Resources Code 48000 et seq. authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs in furtherance of the State of California’s efforts to reduce, recycle and reuse solid waste generated in the state preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the grant programs; and
WHEREAS, CalRecycle Grant Application procedures require an Applicant’s governing body to authorize by resolution its approval for submittal of the Grant Application(s) identified below, and the designation by job title of the individual authorized to execute all Grant documents on behalf of City of Milpitas; and
WHEREAS, if awarded, the City of Milpitas will enter into a Grant Agreement with CalRecycle for implementation of said Grant(s).
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council hereby approves to submit an application to CalRecycle for the Rubberized Pavement Grant Program for the next five fiscal years.
3. The City Manager, or designee, is hereby authorized and empowered as Signature Authority in the name of the City of Milpitas to submit applications to CalRecycle for the Rubberized Pavement Grant Program.
4. This authorization is effective for five fiscal years, commencing with fiscal year 2025/26 and terminating at the end of fiscal year 2029/30, or, until rescinded by the Signature Authority or this governing body.
5. The City Manager, or designee, is authorized and empowered to execute in the name of the City of Milpitas all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant projects.
2 Resolution No. ____
PASSED AND ADOPTED this 2nd day of September 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: Consider a Fee Waiver Request from PRAGNYA (Preparing Resources & Alliances Galvanizing Neurodiversity Acculturation) (Staff Contact: Renée Lorentzen, Recreation and Community Services Director, 408-586-3409) Category: Consent Calendar-Community Services and Sustainable Infrastructure
Meeting Date: 9/2/2025
Recommendation: Approve a Fee Waiver of $872 for the PRAGNYA event Dinkchak Dhamaal Dandiya at the Milpitas Senior Center on September 27, 2025.
BACKGROUND:
On August 19, 2025, staff received a Donation and Fee Waiver/Reduction Policy request from PRAGNYA for the event Dinkchak Dhamaal Dandiya at the Milpitas Senior Center. The request is for an $872 fee waiver for their hourly rental fees for the Milpitas Senior Center Community Room and Dance Studio.
ANALYSIS:
A Donation and Fee Waiver/Reduction Policy application was received by the Recreation and Community Services Department for a fee waiver for PRAGNYA.
Fee Waiver Request
PRAGNYA submitted the required application and documentation for their Dinkchak Dhamaal Dandiya integrated community event:
- Facility Rental Application and Permit
- City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter
PRAGNYA is requesting that City Council waive eligible fees for facility rental hourly fees in the amount of $872. Fees ineligible for waiver are the application fee, refundable rental security/damage deposits, and staff fees.
The Milpitas City Council adopted an updated “City Council Donation and Fee Waiver/Reduction Policy” on June 21, 2022. Per the policy, eligible organizations can request City fees to be waived up to $1,500 or a donation amount up to $500 to be granted upon request. Eligible organizations are defined as “a non-profit organization as described by the Internal Revenue Section such as 501(c)(3) or an intergovernmental agency; Non-discriminatory, and non-political in nature.” Fee Waiver or Donation requests for events must provide a community benefit within the City of Milpitas proper. Applying organizations must provide proof of non-profit status from the federal Internal Revenue Service or the state Franchise Tax Board.
As required, PRAGNYA provided a copy of their determination letter from the Internal Revenue Service stating they are a tax-exempt organization. The applicant meets the requirements as outlined in the Council adopted Donation and Fee Waiver/Reduction Policy.
POLICY ALTERNATIVE(S):
Alternative: Do not approve any one or combination of received fee waivers and donation applications as requested.
Pros: The City’s General Fund will not incur the costs of the fees waived.
Con: Denial of the request may not allow the non-profit organization to hold their events.
Reason not recommended: This request is consistent with the Council approved Policy.
FISCAL IMPACT:
$25,000 was approved and included in the FY 2025-26 City budget for City Council’s Unallocated Community Promotions with a current balance of $23,916. If this request is approved by the City Council, then $23,044 would remain in that line item of the current fiscal year’s budget.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378. Even if a project, the action is exempt from further CEQA review pursuant to Cal. Code Regs., tit. 14, § 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
ATTACHMENT(S):
(a) PRAGNYA Application
(b) PRAGNYA Internal Revenue Service (IRS) non-profit letter
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider Modifying the City Council Code of Conduct Regarding Electronic Device Use at the Dais (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Category: Leadership and Support Services
Meeting Date: 9/2/2025
Recommendation: Adopt a revision to Chapter 3 of the City Council Procedures and Protocols Handbook to (1) Maintain the existing Code of Conduct with no changes; or (2) Revise the Code of Conduct language to state, “Use electronic devices appropriately while on the Council dais.”
BACKGROUND:
The City Council Code of Conduct for the City of Milpitas was formally adopted as part of the City Council Procedures and Protocols Handbook (Handbook), which underwent a substantial overhaul beginning in 2018 and culminating in its adoption on January 11, 2022. This update replaced the previous 2004 version and was the result of significant effort, including the formation of an Ad Hoc Council Handbook Subcommittee and review of best practices from other cities. The Handbook, including the Code of Conduct, is designed to be updated as needed to reflect changes in law or Council direction, with subsequent revisions approved in February and June 2023, and further updates in January 2024. The Code of Conduct is included in every Council meeting agenda and is read aloud at all City Council meetings to reinforce its importance and visibility to both Councilmembers and the public.
At the March 18, 2025, City Council meeting, Councilmember William Lam proposed revising the existing Code of Conduct language from “Refrain from using electronic devices while on the Council dais” to “Refrain from using electronic devices inappropriately while on the Council dais.” This received unanimous consensus from the rest of the City Council to move forward for staff evaluation. Per City Council policy, since this task requires less than four hours of work it does not require further prioritization, and staff are proceeding on bringing this item forward directly to the City Council.
ANALYSIS:
It is important to maintain a policy that reflects an effort to maintain public focus, avoid the appearance of distraction, and minimize the risk of real-time communications that could be perceived as deliberation outside of the public meeting. Limiting the use of electronic devices also supports compliance with the Brown Act and the City’s Open Government Ordinance, while maintaining a professional meeting environment.
Councilmembers are provided with City-issued devices at the dais to access electronic agenda packets, presentations, and other official materials, as well as City-owned cell phones for official communications.
These devices are governed by City IT security policies and Public Records Act (PRA) retention requirements, ensuring that messages are preserved in compliance with state law.
Currently, the policy is a total prohibition which means that both personal and work electronic devices are not to be used while on the dais. While this eliminates ambiguity, it unnecessarily restricts legitimate uses. Allowing limited device use at the dais can provide several benefits for councilmembers. It offers quick access to reference materials and documents and preserves the ability to communicate in an emergency.
Amending the Code of Conduct to allow device use with limits would bring the policy in line with how many jurisdictions handle modern meeting tools while aiming to preserve transparency and public trust.
Public Records Act Implications
The California Supreme Court in City of San José v. Superior Court (2017) held that communications about public business — including those sent or received on personal devices — are public records. This ruling applies regardless of whether the device is City-issued or privately owned.
Key considerations for the City Council:
• Messages on personal devices about public business are subject to PRA requests. • Mixed personal/business use of devices complicates record searches and increases litigation risk. • Public perception issues arise when device use during meetings appears unrelated to the agenda. • Using City-issued dais devices and City-owned cell phones helps ensure official communications are archived, monitored, and compliant with the PRA.
Brown Act Considerations
The Brown Act requires City Council discussions and decisions to occur openly. Device use that gives the appearance of decisions being influenced by real-time, non-public communications rather than public discussion can raise compliance considerations under the Act.
City Council Options
Two primary options are listed below for City Council’s consideration:
1) Leave policy language as-is with no changes: This removes any ambiguity; however, it ignores the fact that each Councilmember has a computer screen in front of them that allows them to review the City Council agenda and the associated City staff reports during the meeting. These are very real and necessary reviews that Councilmembers must be able to perform to fulfil their responsibilities to the public.
2) Change policy language to “Use electronic devices appropriately while on the Council dais.” This language allows City Councilmembers to utilize their own judgement in the use of personal and work- related devices during City Council meetings, while remaining mindful of the legal and regulatory framework.
Staff is asking the City Council to consider options for modifying the City Council Code of Conduct regarding electronic device use at the dais and directing staff on which of the above two options, or an alternative option, to implement.
FISCAL IMPACT:
There is no direct fiscal impact associated with modifying the City Council Code of Conduct regarding electronic device use. Any changes to the policy would be implemented within existing staff resources.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is a continuing administrative or maintenance activity comprising of general policy and procedure making and is not a project pursuant to Cal. Code Regs., tit. 14, § 15378.
ATTACHMENT(S):
(a) City Council Procedures and Protocols Handbook
City of Milpitas
City Council Procedures and Protocols
Handbook
2024
Revised January 23, 2024
TABLE OF CONTENTS
Page
-i-
Chapter I. Purpose and Overview ........................................................................................ 1 Chapter II. Duties of the City Council .................................................................................... 2 Chapter III. Mayor and Councilmember Conduct.................................................................... 7 Chapter IV. Meetings .............................................................................................................. 9 Chapter V. Meeting Agendas and Minutes .......................................................................... 19 Chapter VI. City Council Actions ........................................................................................... 23 Chapter VII. Communication ................................................................................................. 25 Chapter VIII. Council Liaison Roles ........................................................................................ 29
1 CHAPTER I. Purpose and Overview
A. Purpose
This City Council Procedures and Protocols Handbook (Handbook) outlines the Milpitas City Council governing practices.
B. Applicability of Handbook
When not in conflict with the Constitution, the laws of the State of California or the Milpitas Municipal Code, this Handbook shall govern.
C. Revisions to the Handbook
This Handbook will be brought to Council for updates, as needed, due to changes in the law or if the City Council desires to change its procedures or protocols.
Adoption Date: January 11, 2022
Revision 1: February 21, 2023
Revision 2: June 20, 2023
Revision 3: January 23, 2024
2 CHAPTER II. Duties of the City Council
A. General Authorities of City Council
Milpitas was incorporated on January 26, 1954. As a general law city, Milpitas derives its authority from and is subject to the California Constitution and the general laws of the State of California.
The City Council is the policy and lawmaking body of the City. State and local laws define the powers and responsibilities of the City Council.
The City has a Council-Manager form of government in which the elected City Council sets policy direction and the City Manager implements Council policy, manages day-to- day operations and provides professional recommendations to support the Council on policy decisions. Although the Council and City Manager operate in all four dimensions of the governance process: mission, policy, administration and management, the Council’s focus is on the mission and policy while the City Manager’s focus is on administration and management. Clarity of roles are informed by this Handbook and Municipal Code provisions that provide the overall framework for the governance relationship.
B. Duties of Mayor
The Mayor is directly elected by Milpitas voters. The Mayor is the official head of the City of Milpitas for all ceremonial purposes. The Mayor is entitled to vote on all matters but does not possess any veto power. The Mayor signs all ordinances and resolutions after approval by the majority of the City Council.
C. Duties of Vice Mayor (Mayor Pro Tempore)
The Vice Mayor is selected from those on the Council during the first meeting at which the Mayor and returning or incoming Councilmembers commence their terms.
Nomination is done through a motion and appointment is based on a majority vote.
In the event that the Mayor cannot attend a ceremonial function, the Vice Mayor shall serve as the official head of the City in his or her stead. In the event that neither the Mayor nor Vice Mayor can preside at a ceremonial function, one of the remaining members of the City Council shall serve as the official head of the City on a rotating basis to be administered by City staff.
D. Duties of Mayor and Councilmembers
1. Arrive on time for all Council meetings.
2. Review all meeting materials published in accordance with the Open Government Ordinance and other applicable laws, in preparation for Council meetings. As a body, provide clear direction to staff to aid in the development and consideration of proposed ordinances, policies, and
3 procedures. Pass ordinances, adopt resolutions, approve new projects and programs, and approve the budget and contracts.
3. Keep in touch with the community and interpret what is heard to Council colleagues and to the staff.
4. Participate in City Council meetings and other public forums.
5. Represent the City Council by fulfilling the liaison assignments to legislators, external agencies, and the City’s boards and commission.
6. Requests for Staff Resources
a. Mayor and Councilmember requests to consider new programs, services, or requests for significant allocations of resources, shall be directed to the budget process to the maximum extent possible. b. Mayor or Councilmember requests for minor (generally less than four hours of staff time) research or other staff work must be directed to the City Manager.
c. If more than four hours of staff time will be required to complete the task/project, the item will be placed on the agenda to ask the City Council if time should be spent on the proposed item. A discussion and prioritization of Mayor and Councilmember requests are scheduled on a quarterly basis.
d. Mayor and Councilmember requests for more than four hours of staff work for City Council consideration will adhere to all the City of Milpitas Open Government Ordinance provisions, including, but not limited to:
- I-310-2.30 Agenda Requirements. “(b) At least six (6) days before a regular City Council meeting, a preliminary agenda shall be posted containing a meaningful
description of each item of business to be transacted.”
- “(c) A description is meaningful if it is sufficiently clear and specific to alert members of the public whose interests are affected by the item that he or she may have reason to
attend the meeting or seek more information on the item.
- To achieve the above requirements, all materials must be submitted to the City Clerk, to the extent possible, no less than eight (8) days in advance of a Council meeting.
e. Staff responses to a Councilmember inquiry, including the original inquiry, shall be distributed to the Mayor and all City Councilmembers.
7. Absences
4 a. Whenever a member knows in advance that he or she will be absent from a City Council meeting, it is the responsibility of that member to notify the City Manager or City Clerk as soon as possible of the impending absence.
b. If a City Council member is absent without permission from all regular City Council meetings for 60 calendar days consecutively from the last regular meeting he or she attended, his or her office becomes vacant pursuant to Government Code 36513.
8. Administration of Oaths
The Mayor may require any person addressing the City Council to be sworn as a witness and to testify under oath; and must so require if directed to do so by a majority of the City Council. The Mayor may administer oaths. Appeals and revocation hearings are the most likely instances when testimony is taken under oath.
9. Subpoenas
In accordance with Government Code 37104, the City Council may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it.
10. City Council Subcommittees
Council subcommittees, when used, are to help the Council do its job.
Subcommittees ordinarily will assist the Council by studying an issue and preparing policy alternatives and implications for Council deliberation.
Council subcommittees may not speak or act for the Council, and the subcommittee members should be regularly reporting out their work to the City Council through a scheduled agenda item.
There are generally two types of subcommittees as follows:
• Standing subcommittees that have continuous subject matter jurisdiction and will continue to exist until the City Council terminates their existence through formal action.
• Ad hoc subcommittees have limited subject matter jurisdiction and are usually formed primarily to study a particular topic or immediate issue, and once their task is complete, the ad hoc subcommittee will automatically terminate.
Both standing and ad hoc subcommittees of the City Council are subject to the Brown Act pursuant to the City’s Open Government Ordinance.
Subcommittees shall obtain City Council concurrence before they proceed in any direction different from the original instructions of the City Council. In addition, Subcommittees should not implement policy, provide direction that would result in incurring additional expenses or provide direction to staff to
5 take any actions that are not consistent with existing City Council direction without first obtaining City Council approval for such actions.
11. Compensation for Mayor and Councilmembers
Information about compensation for the Mayor and Councilmembers can be found in the Milpitas Municipal Code I-14-1.00, et seq.
12. Travel Expenses and Reimbursements
Information about travel expenses and reimbursements for City related expenses can be found in the City Council Travel Policy 3-1.
E. City Council Vacancies
A vacancy in the office of Councilmember or Mayor may be filled by appointment by the City Council. The appointee shall hold office until the next special municipal election which shall be immediately called to fill the remainder of the vacant term as provided under Milpitas Municipal Code Section I-3-2.00. Any unexpired remainder of the term of such office shall be filled by the voters at such election.
F. Role of City Manager.
1. The City Manager is the chief executive officer and the head of the administrative branch of the City government. The City Manager is appointed by the City Council and reports to the full City Council. The City Manager shall work in collaboration with the City Attorney.
2. The City Manager implements policies and procedures initiated by City Council and manages the day-to-day operations of the City. The City Manager supports the full Council in setting clear goals for the City and optimizes the use of City resources to meet these goals.
3. The City Manager is the appointing authority, responsible for all City personnel. The City Manager or designee serves as a liaison to each commission. The use of City-owned property is handled through the City Manager’s Office. The City Manager supports effective policy making and oversight by the City Council by providing information, formulating policy proposals, advising and informing the Council on policy matters while promoting team building and collaboration, and ensuring that the administration’s delivery of service is consistent with City Council direction.
4. The City Manager prepares the budget annually, advises the City Council of future financial needs, and is responsible for budget administration after adoption. The City Manager prepares and submits to the City Council a complete report at the end of each fiscal year on the finances and administrative activities of the City during the preceding year. City Manager shall also present quarterly fiscal/budgetary updates or as requested throughout the year.
6 G. Role of City Attorney.
1. The City Attorney is appointed by the City Council and reports to the full City Council. The City Attorney advises the City Council and City officers in their official capacity on legal matters affecting the City, attends all City Council meetings and some board/commission meetings, and represents the City in legal actions and proceedings. The City Attorney shall work in collaboration with the City Manager.
2. The Office of the City Attorney approves as to form all bonds and contracts made by the City, approves all ordinances and resolutions and related amendments for the City, and prosecutes criminal cases for violation of City ordinances.
3. The members of the City Attorney’s Office (attorneys and staff) maintain an attorney-client relationship with the City, full City Council or individual members thereof, its officers, agents and employees, so their official communications are protected as confidential attorney-client privilege.
H. Photographs of Past Councilmembers.
1. Past Mayor and Councilmember Photos will be displayed in the City Council Chamber as soon as reasonably practicable after the Mayor or City Councilmember’s term ends.
7 CHAPTER III. Mayor and Councilmember Conduct
A. Mayor and Councilmembers shall:
The Milpitas City Council Code of Conduct, as approved by the City Council and noted below, shall be included in Council meeting agendas and read aloud at all City Council meetings.
Milpitas City Council Code of Conduct
• Be respectful and courteous (words, tone, and body language) • Model civility.
• Avoid surprises.
• Praise publicly and criticize privately.
• Focus on the issue, not the person.
• Refrain from using electronic devices while on the Council dais. • Disclose conflicts of interest and affiliations related to agenda items. • Separate governing from campaigning.
• The Council speaks with one voice after making policy on issues. • Respect the line between policy and administration.
• Council will hold one another accountable to comply with this Code of Conduct.
B. Mayor and Councilmember Best Practices for Council Meetings • put constituents first at all times;
• treat each other and members of the public with dignity, courtesy, and respect;
• maintain confidentiality of all closed session materials and discussion; • be attentive to others, limiting interruptions and distractions; • encourage diverse viewpoints in debate while being mindful not to prolong discourse or block consensus;
• agree to respectfully disagree;
• keep comments clear, concise, and on topic;
• start meetings on time, work from the agenda; and
• present problems in a way that promotes discussion and resolution.
C. Mayor and Councilmember Conduct with City Staff:
8 1. Always maintain professionalism, treat all staff with respect.
2. Direct staff personnel issues to the City Manager.
3. Comments about staff performance should not be made in public or to the individual employee and should only be made to the City Manager through private correspondence or conversation.
4. Comments about staff in the office of the City Attorney should be made directly to the City Attorney.
5. In accordance with Milpitas Municipal Code VI-1-2.04, except for purposes of inquiry, the City Council and its members shall deal with the administrative staff solely through the City Manager.
6. The Mayor and Councilmembers must not attempt to influence City staff on the making of employment appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits.
7. Routine administrative support will be provided to the Mayor and all Councilmembers. Requests for additional staff support – even in high priority or emergency situations — should be made to the City Manager.
8. Do not solicit political support from staff. The Mayor and Councilmembers should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff.
City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace and on personal time.
9 CHAPTER IV. Meetings
A. All Council decisions must occur at City Council meetings pursuant to the requirements of the Ralph M. Brown Act. The City Council shall not use a series of telephone calls, a conference call, mass e-mailing or any other method of communication to discuss or decide matters within the jurisdiction of the Council among a majority of the Councilmembers.
B. Quorum
1. No business may be transacted by the Council at a regular or special meeting unless a quorum of the membership is present (on a 5 member Council, a quorum is 3 members).
2. When there is no quorum, the Mayor or Vice Mayor, or any Councilmember may adjourn a meeting, or if no Councilmember is present, the City Clerk may adjourn a meeting.
C.
Council Meeting Dates; Cancellation
1. If at any time any regular meeting of the Council falls on a holiday, the regular meeting shall be held on the next business day or the earliest business day within a week.
2. Any meeting of the City Council may be canceled in advance by the Mayor.
It can also be cancelled by a majority of the Councilmembers at a City Council meeting. The City Manager may also cancel a meeting in cases of need, such as an emergency or when a majority of members have provided notice of their unavailability to attend a meeting.
D. Types of Meetings
1. Regular meetings are held on the first and third Tuesdays of each month in the City Hall Council Chambers, 455 E. Calaveras Blvd., Milpitas, California. Pursuant to the requirements of the City’s Open Government Ordinance, the Preliminary agenda is posted by the Wednesday preceding the regular meeting date. The Brown Act requires the posting of an agenda at least 72 hours prior to a regular meeting.
2. Special Meetings may be called by the Mayor. They can also be called by a majority of the Council at a public meeting. Any special meeting called requires a minimum of 24 hours notice as required by the Brown Act. Only business described in the notice may be transacted.
3. Study Sessions may be held as part of a regular meeting or special meeting and are held for the purpose of providing information to the City Council, particularly on issues that are more complex or more time- consuming. Study sessions may be conducted jointly with another City board, commission or committee or another governmental agency. At study sessions Councilmembers may state their individual responses and
10 questions to the information provided and may collectively provide direction to City staff. No formal action is taken at the study sessions.
4. Closed Sessions can be part of either regular or special meetings, typically in advance of the regular or special meetings. The start time of the Closed Sessions shall be publicly noticed in accordance with the law. The Council conducts its business in public to the greatest extent possible. State law, however, recognizes that in certain limited circumstances authorized by the Brown Act, that the Council will need to meet in private without the public present. These matters may include certain personnel matters, labor negotiations, real property negotiations, matters of public security, and the discussion of litigation, among other topics listed in the Brown Act. These rules provide for strict confidentiality of City Council discussion as required by State law, and no Councilmember shall disclose anything discussed in closed session to any individual not present in that closed session. Violating this confidentiality requirement can subject an individual Councilmember to disciplinary action, a referral to the grand jury, and in some limited circumstances, criminal prosecution. In limited instances, if action is taken in closed session, the City Attorney may need to report out any action taken and any vote on that action. Closed Session meetings will be conducted in accordance with Milpitas City Council Code of Conduct.
5. Emergency Meetings can occur in limited circumstances when there is a work stoppage, crippling activity, other activity that impairs public health, safety, or dire emergency. Depending on the factual circumstances, 24 hour notice or one hour notice may be required, or no notice at all.
E. Teleconferencing
1. Pursuant to Government Code Section 54953(b), teleconferencing may be used as a method for conducting meetings where Councilmembers may be counted towards a quorum and participate fully in the meeting from remote locations. If a Councilmember participates in a meeting via teleconference, the following requirements must be met:
a. The remote locations must be connected to the main meeting location by telephone, video, or both.
b. The notice and agenda of the meeting must identify the remote location.
c. The agenda must be posted at the remote location and be accessible to the public.
d. All votes must be by roll call.
e. The meeting must in all respects comply with the Brown Act, including participation by members of the public present in the remote locations.
11 f. During the teleconference, at least a quorum of the members of the City Council shall participate from locations within the boundaries of the City.
2. Alternatively, a Councilmember may appear virtually at a limited number of meetings without identifying his or her location on the agenda, posting the agenda in the remote location, or allowing public attendance in the remote location so long the Councilmember is participating remotely for just cause or due to emergency circumstances. The Councilmember must inform the City Manager as early as possible of the just cause or emergency circumstance so that the need for a remote appearance can be agendized and acted on by the entire Council.
a. An emergency circumstance means a physical or family medical emergency that prevents a Councilmember from attending in person. b. Just cause means, (A) a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a Councilmember to participate remotely, (B) a contagious illness that prevents a Councilmember from attending in person, (C) a need related to a physical or mental disability, or (D) travel while on official business of the City or another state or local agency.
c. The Councilmember requesting the virtual appearance shall offer the Council a general description of the circumstances relating to his or her need to appear virtually. The description generally need not exceed 20 words and shall not require the Councilmember to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law. The Council shall act on the request based on this description
d. A Councilmember may appear virtually for just cause not more than two times per calendar year. A Councilmember may not participate virtually pursuant to the relaxed Brown Act rules for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year. e. During the meeting, the Councilmember shall publicly disclose, before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the Councilmember, and the general nature of the Councilmember’s relationship with any such individuals.
f. The member shall participate through both audio and visual technology, which means that the Councilmember must have their camera turned on during the conduct of the meeting.
3. Because there are other legal nuances to making use of the teleconferencing provisions in the Brown Act, please check in with the City Attorney or City Clerk in advance.
12 4. During certain state of emergency situations, it may also be possible to meet remotely without complying with some of the requirements above, depending on certain findings that must be met during a state of emergency as required by the Brown Act. See, Cal. Gov. Code 54953(e) F. Presiding Officer
1. The Mayor presides at all City Council meetings. In the absence of the Mayor, the Vice Mayor is the presiding officer. If both the Mayor and Vice Mayor are absent, the remaining Councilmembers should select a presiding officer for that meeting. The presiding officer votes on all questions as do other members of the City Council.
2. The Mayor/presiding officer always sits in the middle seat at all formal council meetings. The Vice Mayor and City Manager are always seated immediately next to the Mayor/presiding officer. Councilmembers then select their dais position based on seniority. Seniority is defined by continuous time of service as an elected member of the City Council. When two or more Councilmembers have equivalent time of service, those Councilmembers shall be given priority in seat selection by the highest number of votes in his/her most recent election.
3. The presiding officer conducts the meetings of the City Council to:
a. Ensure that consideration of items on the agenda move along without delay.
b. Ensure that petitioners, proponents and opponents are heard but not allowed to disrupt the meeting.
c. Ensure that decorum is maintained at the meeting.
d. In presiding over matters where the public has provided testimony and/or raised questions, the presiding officer should:
(i) Restate every question coming before the Council.
(ii) Direct questions or comments requiring a response to staff for a response.
(iii) Ensure that staff and members of the public direct their comments to the presiding officer.
(iv) If necessary, help keep Councilmember questions relevant to the matter being considered by the Council.
(v) If necessary, consider calling for a brief recess if orderly conduct of the meeting is being disrupted.
(vi) Announce the decision of the Council on all subjects.
13 4. E nsure that each member of the Council is provided an opportunity to completely express their views on items of business, the Mayor should:
(i) See that Councilmembers ask to be recognized by the Mayor before speaking.
(ii) Ensure that each Councilmember is given the opportunity to fully express their views.
5. The Chief of Police, or his or her representative, is the ex officio sergeant- at-arms of the City Council. The ex officio sergeant-at-arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the council chamber.
G. Voting; Rules of Procedure
1. A motion, second, and a majority vote of the Council shall be required for any formal action of Council (except where a different vote requirement is set by state law). Votes and abstentions are taken by roll call, electronic voting, or any other means that allows the public to determine the votes of individual members as allowed by law. Votes and abstentions shall be recorded in the meeting minutes.
2. Steps in making, discussing and voting on a formal motion:
a. The maker of the motion asks for recognition by the presiding officer. After the individual is recognized, he or she will say, "I move that we ..."
b. The presiding officer will ask if there is a second. Another member of the group must second the motion in order for it to be discussed.
A second is made by saying "I second the motion." The Mayor or any Councilmember can suggest one or more modifications in the motion, which the member making the motion can accept or reject.
There also may be times where the City Manager or City Attorney may suggest an amendment to the motion for clarity purposes for the public, which the member making the motion can accept or reject.
c. The presiding officer then restates the motion "It has been moved and seconded that ..." and opens the floor to discussion and debate. d. The presiding officer will recognize members who wish to comment on the motion. Only one “main motion” may be discussed at a time. e. Once discussion has concluded, the presiding officer will "call for the question" and conduct a roll call vote.
f. The presiding officer will announce the result of the vote.
14 3. Unless state law requires otherwise, a majority vote is needed for the motion to pass. In the event of a tie vote, the motion does not pass.
4. Subject to state law limitations and to the extent this Handbook does not address an issue of parliamentary procedure, Roberts Rules of Order shall apply. For example, even though Roberts Rules of Order permit a legislative body to reconsider or rescind prior actions, under due process the City Council cannot reconsider or rescind a quasi-judicial decision after the decision is final, in the absence of statutory authority to the contrary.
5. The City Attorney serves as parliamentarian during City Council meetings.
The role of the parliamentarian is advisory; the Chair has the power to rule on questions of order.
H. Continued Matters
1. Any matter may be continued to a subsequent meeting.
2. If the Mayor or Councilmember who was not present at a prior meeting has reviewed the relevant documents and minutes from the missed meeting and, if possible, reviewed the recording or webcast from the meeting, then he or she shall disclose those actions on the record at the beginning of the discussion of the item and may vote on the continued matter. a. Exception: Continued Public Hearing. If a hearing is required for an agenda item, then the Mayor or a Councilmember shall not participate in the decision if that member was not present during the entire hearing from the time of its opening to the time of its close. (MMC § I-20-3.14.)
I. Public Participation
1. Members of the public are encouraged and invited to participate in the legislative process by submitting written comments before the meeting or speaking at a meeting.
It is the intent of these rules to allow everyone to be heard without fear of jeers or cheers that may discourage public participation. For this reason, these rules are taken seriously. Persons attending the meeting will refrain from behavior which will disrupt the public meeting. This includes making loud noises, clapping, shouting, booing, hissing, or engaging in any other activity in a manner that disturbs, disrupts, or impedes the orderly conduct of the meeting. Disruptive or threatening behavior may result in removal from the Council meeting.
2. Only the presiding officer can interrupt a speaker during a presentation.
However, a Councilmember can ask the Mayor for a point of order if the speaker is off the topic or exhibiting behavior or language the Councilmember finds disruptive.
3. Time Limits for public comment:
15 a. Individual Speakers - 3 minutes or less as determined by the Mayor/presiding officer.
b. Organized group (in lieu of individual speakers) – up to 15 minutes, depending on the number of speakers represented and at the discretion of the Mayor.
c. The presiding officer may take a poll to determine number of speakers for each item and, at his/her discretion, limit the amount of time allotted to the speaker(s) when needed.
4. Individuals who wish to speak should submit a speaker card to the City Clerk to be called up at the appropriate time. Each speaker may only speak once on an item and shall speak at the podium into the microphone and address the City Council. A speaker may also provide comments virtually if the meeting format allows virtual participation.
5. Written or photographic materials relevant to consideration of a matter may be submitted to the Council. Copies of such materials should be provided for the Mayor, Councilmembers, City Clerk, City Manager and City Attorney. The materials must be submitted to the City Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting, for distribution to the city officials in advance of the meeting/hearing. The City Council retains discretion to accept or to reject new documentation furnished on the night of the City Council meeting/hearing. Accepted materials are retained by the City and become part of the official public record.
6. Wireless/Cellular telephones or any other telecommunications device should be in silent mode or turned off during the City Council meeting.
7. Literature distribution or petition circulation is not permitted when the City Council is in session. Such activity may occur outside the meeting room, provided access is not blocked.
8. Objects and symbolic materials, such as signs or banners, will be allowed in the Council Chambers, with the following restrictions:
a. Signs or symbolic objects shall not obstruct the view or passage of other attendees or otherwise disturb the meeting.
b. Objects that are deemed a safety threat to persons at the meeting or could damage the facility itself will not be allowed.
J. Discussion Items on the agenda are to be conducted in the following order:
1. Staff / applicant presentation
2. Council questions to applicant and/or staff
3. Open public hearing (or public comment section) for comments
16 4. Close public hearing (or public comment section)
5. Response by staff to public questions/concerns, if warranted
6. Council discussion and deliberation
7. Council votes
K. Quasi-Judicial Matters/Appeals/Revocation Hearings
1. Quasi-judicial matters and appeals will be considered at a noticed public hearing and will follow the order stated in Section I above, with the following time allocations:
a. Applicant/Appellant – 15 minutes
b. Individual Speakers – 3 minutes
c. Rebuttal – 5 minutes
d. In an appeal, if the appellant is not the applicant, the applicant shall also have 15 min and is entitled to make any concluding remarks prior to closure of the public hearing
The time limits may be changed by the presiding officer to permit full and fair consideration of a particular matter depending on the number of items on the agenda and the number of persons desiring to speak on a matter.
2. If the Mayor or a Councilmember has spoken or met with a proponent or opponent of a quasi-judicial matter or has visited the site of a project which is the subject of a hearing, that contact, or visit should be acknowledged and described on the record prior to the opening of the hearing. Any facts that could influence the Mayor or a Councilmember's decision, must be included in the public record.
L. Items Considered after 11:00 p.m.
1. Unless a majority of the Council determines there is a need to act, no items shall continue, and no new items shall be heard after 11:00 p.m.
M. Conflict of Interest
1. The Political Reform Act (PRA) enforced by the Fair Political Practices Commission (FPPC), controls financial conflicts of interest.
2. In accordance with the Open Government Ordinance (MMC I-310-2.180), at the beginning of each City Council meeting or upon the arrival of the Mayor or Councilmember, the City Attorney shall ask the Mayor and each member of the City Council to disclose any financial or personal conflict with any item on the City Council's agenda. Pursuant to Government Code section 87105, if the Mayor or a Councilmember discloses that such a personal financial interest is present, he or she shall publicly identify the
17 conflict or potential conflict in detail sufficient to be understood by the public and shall recuse him or herself from taking action on the item if required to do so by law and leave the meeting room.
3. The other applicable law is Government Code §1090, which applies only to contracts in which a public official has a financial interest.
4. Whenever it appears to a Councilmember that he or she may have a prohibited financial interest in any item that may be presented to the City Council, the Councilmember should consult with the City Attorney at the earliest opportunity for advice on whether a disqualifying conflict of interest exists.
5. With full consideration of the City Attorney’s advice, it is up to each individual Councilmember to decide for him/herself whether there is a conflict of interest. When a Councilmember may be in doubt, the City Attorney can obtain more formal advice from the Fair Political Practices Commission (FPPC).
6. A member shall not vote upon any matter on which s/he has a conflict of interest.
7. A member shall openly state the reason for his/her conflict of interest, or work in consultation with the City Attorney to state something on the record.
8. A member who is disqualified by a conflict of interest shall recuse him/herself from the dais and leave the room unless it is during the Consent Calendar.
N. Meeting Language
1. In accordance with Article III, Section 6 of the California Constitution, English is the official language of the State of California. English should be the language used for the formal portions of any meeting. All business of the Council should be transacted in English.
2. Councilmembers who wish to translate brief comments or questions made in English from the dais into a language that assists limited English‐ proficient speakers may do so, so long as the question or comment is first placed into the record in English, and the translation is a true and correct translation of the English comment.
3. Councilmembers may address their constituents in any language they choose outside of a meeting in which the official business of the City is conducted.
4. When appropriate or otherwise required by law, the City may provide access, services, and programs for limited English‐proficient speakers such as translation services for limited English‐proficient speakers including in person, telephonic, or Zoom translation services.
18 5. Limited English‐proficient speakers must be allowed the same amount of time to comment on at item or at public comment as other speakers. The translation of a person’s comments cannot be counted toward his or her time limit.
19 CHAPTER V. Meeting Agendas and Minutes
A. Agenda Order
City Council agendas will be prepared by the City Clerk and presented to the City Council in the order described below. The presiding officer with the approval of a majority of the Council can change the order of hearing the items on the agenda.
1. Opening
a. Call to Order by Mayor and Roll Call by City Clerk
b. Adjourn to Closed Session
c. Closed Session Announcement
d. Pledge of Allegiance. If the Mayor and Vice Mayor are both absent, then the City Clerk calls the meeting to order and a temporary presiding officer is elected by a majority of those councilmembers present. Upon the arrival of the Mayor or Vice Mayor, the temporary presiding officer relinquishes the chair at the conclusion of the business then before the City Council.
e. Invocation. In accordance with the policy adopted by City Council (SOP 1.2), the Mayor and Councilmembers shall invite a community member to give an invocation at the speaker podium.
2. Ceremonial matters.
The presentation and receipt of proclamations and
commendations not requiring formal legislative action.
3. Public Forum. Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda.
Comments may be referred to staff for follow up. Individuals are limited to 3 minutes. However, the presiding officer has discretion to reduce the speaking time in situations where there are a large number of persons who wish to speak.
4. Announcements of Conflict of Interests and Campaign Contributions. City Attorney shall ask the Mayor and Councilmembers to declare any conflicts of interest or campaign donations related to items on the agenda in accordance with the Milpitas Open Government Ordinance (Municipal Code I-310)
5. Reading of the City Council Code of Conduct
6. Approval of Agenda
20 7. Consent Calendar. All matters listed under the Consent Calendar, including minutes, are considered by the Council to be routine and will be enacted by one motion without discussion (except for simple clarifying questions). If discussion is desired, that item may be removed and considered separately.
8. Public Hearing. Duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the Council.
9. Community Development. This section will cover the Community Development City Service Area and will include items related to Building Safety and Housing, Economic Development, Engineering (Land Development), Fire (Fire Prevention), and Planning.
10. Community Services and Sustainable Infrastructure. This section will cover the Community Services and Sustainable Infrastructure City Service Area and will include items related to Engineering (Capital Projects), Public Works, and Recreation and Community Services.
11. Public Safety. This section will cover the Public Safety City Service Area and will include items related to Fire/ and Police.
12. Leadership and Strategic Support. This section will cover the Leadership and Strategic Support City Service Area and will include items related to the City Clerk, City Council, City Manager, Finance, Human Resources, and Information Technology.
13. Reports of Mayor and Councilmembers. Reports and work plans from Commissions will be presented in this section. Reports from Council Subcommittees will also be presented in this section.
14. Announcements and Future Agenda Items. The Mayor and Councilmembers shall report on any meetings or conferences attended and paid for by the City and may also report on various assignments or other events. The Mayor and Councilmembers shall be limited to the same amount of speaking time as members of the public during open public comment (3 minutes). The City Manager may also make brief announcements. This section will include special reports and any other requests for staff work by the Mayor and Council.
15. Adjournment
B. Agenda Item Submission
1. The City Manager has the primary responsibility for the development of the Council Agenda, excluding closed session items, ensuring all protocols are followed, and that management of the agenda is closely linked to
21 organizational goals and work plans. The City Attorney has the primary responsibility for development of the Closed Session items, ensuring all protocols are followed and that the management of the closed session items is closely linked to the organizational goals. Any item that is placed on the agenda shall be in accordance with the City’s Open Government ordinance (MMC I-310) so that it can be clearly understood by members of the community.
2. Mayor or Councilmember:
a. The Mayor or a Councilmember may request the City Manager to add an item to the open session of a Council agenda or the City Attorney to add an item to the closed session. No staff report or other staff work will occur until the item is discussed before the full City Council. Discussion and prioritization by the City Council will occur on a quarterly basis.
b. Councilmembers may make this request verbally during a meeting or may submit a written request to the City Manager or City Attorney at other times.
c. See Section 2.C.4 “Request for Staff Resources” for further details on any associated staff work related an agenda item request.
3. Members of the Public. A member of the public may request Council action in the following ways:
a. Write a letter to the City Council
b. Speak during the Public Comment period at a City Council meeting c. Attend annual Council goal setting meeting and provide input Upon agreement of a majority of the City Council, Council will determine whether to place on a future agenda an item requested by the public.
C. Meeting Minutes
1. The preparation of accurate minutes is the responsibility of the City Clerk. a) In general, summary minutes are used to record proceedings. The record focuses on who spoke and the motions and votes. Video recordings are used in order to serve a number of administrative, legal, and historical functions and to provide verbatim record of meetings. Failure to record does not affect the validity of any proceedings or action taken by the City Council.
b) The City Clerk may be directed by the presiding officer, with the consent of the City Council, to enter in the minutes a synopsis of the
22 discussion of any matter coming before the City Council. The synopsis should be in complete sentences.
c) The Mayor or a Councilmember may request, through the presiding officer, the privilege of having a previously prepared written abstract summarizing the major points of his or her statement on any subject under consideration entered into the minutes. If the City Council consents, such an abstract is entered into the minutes. d) Items such as letters which individuals request “to have entered into the record” are referred to in, but do not become a part of, the minutes. e) Changes in substantive matters may be made only at the direction of a majority of the City Council. Clerical corrections are to be made when discovered in order to maintain accuracy.
23 CHAPTER VI. City Council Actions
Several different types of action may be taken by the Mayor and/or City Council.
A. Proclamations.
Proclamations are issued by the Mayor without formal action by the City Council.
Proclamations are public announcements directing attention to a person, organization or event, such as Citizen of the Year, Girl Scout Week, or International Year of the Child. Councilmembers need to make their requests to the Mayor, only the Mayor can issue proclamations. If the Mayor refuses to sign a particular proclamation, the requesting Councilmember may ask that this be considered by the Mayor and City Council at the following City Council meeting.
This request must be provided to the City Manager in writing.
B. Commendations.
Commendations are acknowledgments of the activities of a person or organization, signed by the Mayor and any additional councilmembers who have proactively expressed interest in signing without formal action being taken.
Commendations typically acknowledge exceptional endeavors or are given to retiring employees and departing board and commission members and are presented at an appropriate function or council meeting. If the Mayor refuses to sign a particular commendation, the requesting Councilmember may ask that this be considered by the Mayor and City Council at the following City Council meeting. This request must be provided to the City Manager in writing.
C. Keys to the City
Keys to the City of Milpitas are only to be issued upon majority approval by the Mayor and City Council. The only exception to this is that a key to the City may be provided to a City with which Milpitas has a formal Sister City relationship without City Council approval. Any City Councilmember may request that consideration for issuance of a key to the City be added to a future City Council agenda. This request must be provided, in writing to the City Manager. The request must define the significant and/or extraordinary achievement or contribution that the recipient (person, group or organization) has made to the City of Milpitas to justify the presentation of the key to the City.
D. Ordinances.
Legislative acts of the City Council are known as ordinances. Subject to certain state law exceptions, most ordinances are introduced at one meeting and are adopted by majority vote at a subsequent meeting, and go into effect 30 days after adoption.
24 An ordinance is necessary (1) when state law requires a regulation to be adopted by ordinance, (2) to amend or repeal provisions of the Municipal Code or any uncodified ordinances, and (3) to impose regulations on persons or property in the City.
Ordinances shall be prepared by the City Attorney. Ordinances are prepared for presentation to the City Council when ordered by a majority vote of the City Council, or when requested by the Mayor or the City Manager, or when prepared on the City Attorney’s own initiative.
E. Resolutions.
Resolutions are City Council actions which become effective upon adoption and encompass the business not addressed through ordinances. They are typically used to handle routine business and administrative matters requiring some type of formal memorialization. Resolutions are used for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another agency, or where the frequency of future reference back to its contents warrants separate documents to facilitate reference and research.
F. Motions.
The least formal of City Council actions, motions typically are used for procedural matters (such as to continue items) or for administrative matters (such as to accept reports). An adopted motion is as legally effective and binding as an adopted resolution but generally is recorded simply as an item entry in the minutes.
25 CHAPTER VII. Communication
A. California Public Records Act.
All letters, memoranda, and email and other electronic communications involving City Councilmembers and members of boards, commissions, committees and task forces, the subject of which relate to the conduct of government or the performance of any governmental function, with a few exceptions as outlined in the Public Records Act, are public records. Emails and texts with content that concerns City business with other City employees or officials or interested members of the public are likely public records even if they are sent to/from a personal account or device.
B. Ralph M. Brown Act
Each Councilmember should be mindful of all of the requirements of the Brown Act and the Open Government Ordinance contained at Milpitas Municipal Code I-310.1.00 in communicating with each other. A majority of the Council shall not use a series of telephone calls, a conference call, mass e-mailing or any other informal session to discuss or decide matters before the City Council. This type of communication would be considered a “serial meeting” in violation of the law.
Section 54952.2(b)(1) of the Brown Act prohibits a majority of members of a legislative body outside of a lawful meeting from directly or indirectly using a series of meetings to discuss, deliberate or take action on any item of business within the subject matter jurisdiction of the body. Paragraph (b)(2) expressly provides that substantive briefings of members of a legislative body by staff are permissible, as long as staff does not communicate the comments or positions of members to any other members.
A serial meeting is a series of meetings or communications between individuals in which ideas are exchanged among a majority of a legislative body (i.e., three council members) through either one or more persons acting as intermediaries or through use of a technological device (such as a telephone answering machine, or e-mail or voice mail), even though a majority of members never gather in a room at the same time. Serial meetings commonly occur in one of two ways; either a staff member, a member of the body, or some other person individually contacts a majority of members of a body and shares ideas among the majority (“I’ve talked to Councilmembers A and B and they will vote ‘yes.’ Will you?”) or, without the involvement of a third person, member A calls member B, who then calls member C, and so on, until a majority of the body has reached a collective concurrence on a matter.
26 1. Contacts with staff
Staff can inadvertently become a conduit among a majority of a legislative body in the course of providing briefings on items of local agency business.
To avoid an illegal serial meeting through a staff briefing:
a. Individual briefings of a majority of members of a legislative body should be “unidirectional,” in that information should flow from staff to the member and the member's participation should be limited to asking questions and acquiring information. Otherwise, multiple members could separately give staff direction thereby causing staff to shape or modify its ultimate recommendations in order to reconcile the views of the various members, resulting in an action outside a meeting. b. Members should not ask staff to describe the views of other members of the body, and staff should not volunteer those views if known.
c. Staff may present its viewpoint to the member but should not ask for the member's views, and the member should avoid providing his or her views unless it is absolutely clear that the staff member is not discussing the matter with a quorum of the legislative body.
2. Contacts with constituents, bargaining unit representatives, developers, and lobbyists
As with staff, a constituent, bargaining group representative, developer, or lobbyist can also inadvertently become an intermediary who causes an illegal serial meeting. Constituents' unfamiliarity with the requirements of the Act aggravates this potential problem because they may expect a member of a legislative body to be willing to commit to a position in a private conversation in advance of a meeting. To avoid serial meetings via constituent conversations:
a. First, state the ground rules “up front.” Ask if the constituent has or intends to talk with other members of the body about the same subject; if so, make it clear that the constituent should not disclose the views of other members during the conversation.
b. Explain to the constituent that you will not make a final decision on a matter prior to the meeting. For example: “State law prevents me from giving you a commitment outside a meeting. I will listen to what you have to say and give it consideration as I make up my mind.” c. Do more listening and asking questions than expressing opinions.
27 d. If you disclose your thoughts about a matter, counsel the constituent not to share them with other members of the legislative body.
3. Contacts with fellow members of the same legislative body Direct contacts concerning local agency business with fellow members of the same legislative body, whether through face-to-face or telephonic conversations, notes or letters, electronic mail, or staff members, are the most obvious means by which an illegal serial meeting can occur. This is not to say that a member of a legislative body is precluded from discussing items of agency business with another member of the body outside of a meeting; as long as the communication does not involve a quorum of the body, no “meeting” has occurred. There is, however, always the risk that one participant in the communication will disclose the views of the other participant to a third or fourth member, creating an illegal serial meeting. Therefore, it is recommended you avoid discussing local agency business with a quorum of the body or communicating the views of other members outside a meeting.
C. Mail Processing
1. Members of the City Council may receive mail and other materials through City Hall.
2. All mail received and specifically addressed to the Mayor or a Councilmember shall be placed in the mail drawer for that person without first being opened.
3. General correspondence addressed to Councilmembers as a whole may be opened and delivered to all Councilmembers if appropriate.
D. Correspondence
1. The City Manager or designee is authorized to receive and take administrative action on all correspondence directed to the City Council.
The City Manager or designee may also respond to correspondence submitted to the full City Council on non-agenda items or authorize a staff member to respond. A courtesy copy is provided to each Councilmember.
2. Generally, correspondence relating to a specific City Council agenda item shall be distributed with the agenda report; correspondence received after the publication of agenda packets is to be compiled and distributed to the City Council prior to the City Council meeting.
3. After the City Council has taken a position on an issue, official correspondence should reflect this position. While Councilmembers who may disagree with a position are free to prepare correspondence on such issues as private citizens, City letterhead, official City Council title, and staff
28 support should not be utilized. In addition, City letterhead and staff support cannot be utilized for personal or political purposes.
E. City letterhead, logo, insignia, and brand, as well as staff support, cannot be utilized for personal or political purposes.
F. Council Communication to Planning Commission
1. The Mayor and Councilmembers should be mindful not to unduly influence the decision at the Planning Commission meeting so as not to get ahead of the process.
2. It is not appropriate for the Mayor or a Councilmember to make public comments at the Planning Commission meeting unless he/she is acting in his or her personal capacity. If/when the matter comes before the City Council, such member should recuse him or herself from the matter.
G. External Communication
1. The Mayor and Councilmembers may communicate on behalf of the City through media interviews, letters, and newsletters. They may also be quoted in City issued press releases. Although the Mayor and Councilmembers are able to express individual opinions, any communication made on behalf of the City shall be aligned with Council adopted policies, programs, priorities. City issued press releases will include a quote by Mayor and other quotes, if any, will be determined by the City Manager, based on related work by each Councilmember.
29 CHAPTER VIII. Council Liaison Roles
The Mayor and Councilmembers serve on behalf of Milpitas as members of other governmental entities, committees, and agencies.
A. City Council Liaison
1. All City Councilmembers shall serve as liaisons to other City Commissions which shall be approved by the full City Council. In serving as a liaison, a City Councilmember shall endeavor to attend all Commission meetings of the Commission to which he or she is assigned.
2. Statements made by the City Council liaison about the City's official position should reflect the majority opinion of the City Council, which is defined by current or past official City Council action via City Council vote or consensus.
3. If the Mayor or a Councilmember wishes to attend the meeting of a Board, Agency, Committee or Task Force to which he/she has not been appointed to serve on by the City Council, the Mayor or Councilmember, as a courtesy, should advise the City representative(s), if any, as well as the respective chair, and should be mindful of the influence of his/her presence.
If the presence of the Mayor or Councilmember shall constitute a quorum of the City Council, the meeting should be noticed as that of the City Council and all Councilmembers invited. An exception to this rule is when the Mayor or Councilmember observes only and does not speak at the meeting.
B. Milpitas Public Financing Authority, Milpitas Municipal Financing Authority, and Housing Authority Commission.
The Mayor and Councilmembers serve as the members of the Milpitas Public Financing Authority, Milpitas Municipal Financing Authority, and Housing Authority Commission.
C. Regional Boards and Outside Agency Representatives.
1. The role of a Member on regional Boards will vary depending on the nature of the appointment.
2. Reporting. Council representatives to Regional Boards shall keep the Mayor and Councilmembers informed of ongoing business through short written reports to the Mayor and Councilmembers or update reports to the City Council during the "Mayor and Councilmember Reports" opportunity on the City Council meeting agenda.
3. In the event the primary assigned liaison is unable to attend a particular meeting, he or she should notify the chair of the board/agency, and the appointed alternate Council representative, or Mayor, should attend in the place of the primary.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Provide Direction on City Council Salaries in Accordance with California Government Code (Staff Contact: Matt Cano, Assistant City Manager, 408-586- 3012)
Category: Leadership and Support Services
Meeting Date: 9/2/2025
Recommendation: Provide direction to staff to return to City Council with an ordinance to update Chapter 14 of Title 1 of the City of Milpitas Municipal Code, which outlines City Council salaries.
BACKGROUND:
Chapter 14 of Title 1 of the City of Milpitas Municipal Code (Attachment 1) outlines the salaries for the Milpitas Mayor and City Council which were last amended on December 2, 2014. Specifically, it indicates each member of the City Council shall receive the following:
• Mayor: Salary of $1,130.75 per month ($13,569.00 per year); • City Council members: Salary of $904.37 per month ($10,852.44 per year).
California Government Code section 36516 (Attachment 2), which outlines allowable salaries for non-charter cities such as Milpitas, was amended effective January 1, 2024. The Analysis section below provides information regarding how these changes could impact the salaries to be paid to the Mayor and City Council.
On January 21, 2025, the Milpitas City Council received a report on potential options to change the salary of City Councilmembers based on the recent changes to Government Code section 36516 and directed staff to return at a future date for potential City Council action.
ANALYSIS:
The State of California Legislature amended California Government Code section 36516 effective January 1, 2024. Specific amendments that would be applicable to the salary payable to the Milpitas Mayor and City Council are as follows:
1. In Cities between 75,000 and 150,000 in population, a member of the City Council (which includes the Mayor) may receive a salary of $1,900 per month ($22,800 per year) or;
2. The salary may be increased by the greater of: (1) 5% per year from the operative date of the last adjustment of the salary in effect when the ordinance was enacted; or (2) An amount equal to inflation, based on the California Consumer Price Index (CCPI), since January 1, 2024, which shall not exceed 10% for each calendar year.
3. The Mayor may be provided with additional compensation above and beyond their base salary as a member of the City Council. There is no limit to this additional compensation. This additional compensation is for performing mayoral duties, not duties otherwise required as a member of the City Council.
Additionally, from a timing perspective:
• Pursuant to California Government Code section 36516.5, any increases to Councilmember salary under item number one above will not apply to Councilmembers during their current term in office. For cities like Milpitas where Councilmembers serve staggered terms, however, salary changes can take effect when any seat on the Council begins a new term of office. So, for example, if a change was made in September 2025, it could take effect after the November 2026 municipal election when any
seat on the Council beings a new term of office.
• Any increases to the additional compensation provided to the Mayor could take effect thirty days after an ordinance is passed. Alternatively, the City Council could choose to defer this increase until a later date.
Based upon the above, the Mayor and City Council could choose to increase their salaries to as much as $22,800 per year (or slightly higher if CCPI is taken into account). In conjunction with this, an additional compensation amount can be provided to the Mayor. There is no defined limit on this amount in the Government Code, however this amount should correlate with reasonable compensation for the additional responsibilities of the Mayor’s position.
For reference, as of August 2025, the below table provides salaries of Mayors and City Councilmembers for the other cities within Santa Clara County based upon available data from the most up to date salary schedule information on the respective city’s website, combined with information from city staff members where the information was not readily available from the website. The table is divided between non-charter cities and charter cities as charter cities are not required to follow this section of the California Government Code.
The following table provides the summary of this analysis:
City Population* 2025 Mayor Annual Salary
2025 Councilmember
Annual Salary
Non-Chartered Cities
Campbell 41,700 $15,300 $15,300
Cupertino 57,285 $8,917 $8,917
Los Altos 31,625 $11,400 $11,400
Los Altos Hills 8,489 $3,600 $3,600
Los Gatos 32,216 $6,840 $6,840
Milpitas 77,321 $13,569 $10,852.44
Monte Sereno 3,479 $0 $0
Morgan Hill 44,478 $40,764 $15,300
Saratoga 29,607 $3,000 $3,000
Charter Cities
Gilroy 58,250 $29,174 $19,450
Mountain View 81,785 $20,547 $16,436
Palo Alto 65,882 $19,200 $19,200
San José 969,655 $231,300 $173,732
Santa Clara 131,062 $31,500 $25,200
Sunnyvale 151,967 $49,822 $37,367
*Population data is from census.gov. Monte Sereno data is from 2020, remaining cities as of 2023.
The below table provides various options for which Council could change their salaries in alignment with California Government Code. Any of these options, or combinations thereof, could be considered:
Options
Mayor*
Council
Total General
Fund Cost
A. Set salary at maximum
per gov’t code
$22,800 $22,800 $75,738
B. Set at Region’s average
salary (excluding
Milpitas, Monte Sereno
and San José)
$20,005 $15,167 $31,513
C. “Catch Up” at 3%/year
since December 2014
$18,236 $14,585 $26,064
Options
Mayor*
Council
Total General
Fund Cost
D. Variable Approach
(maintains differential
between Mayor and City
Council)
$27,500 $22,800 $82,089
E. Maintain Status Quo
with 3% COLA
$13,976 $11,178 $2,273
*There is no limit in the California Government Code regarding the Mayor’s maximum salary As part of the staff presentation on this item the following questions will be raised for the Mayor and City Council’s consideration and feedback:
1) Which, if any, of the approaches in the above table would the City Council like for staff to bring back in a draft ordinance for consideration at a future City Council meeting? 2) The maximum amount of salary can increase annually in an amount equal to inflation, based on the California Consumer Price Index (CCPI), since January 1, 2024, which shall not exceed 10% for each calendar year. If choosing the maximum amount of compensation, should this CCPI increase be considered?
3) If the City Council prefers for the Mayor to receive a higher increment than the rest of the councilmembers, should that increment be provided immediately or wait until after the November 2026 municipal election?
POLICY ALTERNATIVE(S):
Alternative 1: Do not provide for an adjustment to City Council salaries Pros: By not making changes to the City Council salaries, the City will save General Fund dollars.
Cons: The City would not be compensating the Mayor and City Council similar to other local municipalities.
Reason for Not Recommending: The last time the Mayor and City Council salaries were adjusted was in 2014.
Inflation as well as the comparison of the current salaries to other jurisdictions justifies a review of the current salary structure.
FISCAL IMPACT:
The ongoing General Fund impact would be determined by the option that City Council provides direction on, as indicated in the options table in the Analysis section above, or an alternate option the City Council may determine and direct. Due to Government Code section 36516.5 restrictions, any base salary increases for City Council members would not take effect until after the November 2026 municipal election when new terms begin, meaning the ongoing General Fund budget impact would begin in Fiscal Year 2026-2027. However, any additional mayoral compensation could take effect thirty days after ordinance passage, creating a potential incremental impact in FY 2025-26, with the City Council having discretion to defer implementation until the general City Council salary increases take effect in FY 2026-27.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub. Resources Code, §21065 and Cal. Code Regs., tit. 14, §15378. This action is organizational, administrative, or fiscal activity of the City government that does not require commitment to any specific project that may result in a potentially significant impact on the environment and therefore is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.
ATTACHMENT(S):
(a) Milpitas Municipal Code Title 1, Chapter 14
(b) California Government Code 36516
Attachment 1 – Title 1, Chapter 14 of Milpitas Municipal Code I-14-1.00 - Purpose
The Ordinance codified in this chapter is enacted pursuant to Section 36516 of the Government Code, as amended, authorizing the Council to provide by ordinance that each member of the Council shall receive a prescribed salary, the amount of which is based upon the population of the City as determined by estimates made by the State Department of Finance, and prescribing the methods by which Council salaries may be increased or decreased in the future. Government Code Section 36516.1 authorizes additional compensation for a Mayor elected pursuant to Section 34900 et. seq. as may be approved by an ordinance adopted by the City Council. (Ord. 128.10 (part), 8/1/00)
I-14-2.00 - Salaries
Each member of the City Council shall receive as salary the following:
A. City Council members shall receive the sum of $904.37 dollars per month.
B. The Mayor of the City of Milpitas shall receive the sum of $1,130.75 dollars per month. (Ord. No. 128.12, § 2, 12/16/14; Ord. 128.11, 3/5/02; Ord. 128.10 (part), 8/1/00) I-14-3.00 - Increase or Decrease in Salary
The salaries provided in this Chapter may be increased or decreased as follows:
A. Following any new and later estimate of population made by the Department of Finance, the salary payable to each member of the Council may be increased or decreased by resolution of the City Council to equal the sum prescribed for that population group in Section 36516 of the Government Code as amended.
B. An amount equal to five percent for each calendar year from the operative date of the last adjustment of the salaries in effect, in accordance with Government Code Section 36516(c) and as approved by City Council resolution.
C. In accordance with Government Code Section 36516(b), by a majority of the electors voting at any municipal election.
D. The salaries as so increased or decreased shall become payable only on and after the date upon which one or more members of the Council becomes eligible upon beginning a new term of office following a general municipal election held in the City. (Ord. 128.10 (part), 8/1/00)
I-14-4.00 - Reimbursement
The salaries prescribed herein are and shall be exclusive of any amounts payable to each member of the Council as reimbursement for actual and necessary expenses incurred by him in the performance of official duties for the City of Milpitas.
(Ord. 128.10 (part), 8/1/00)
Attachment 2 – California Government Code 36516
Government Code - GOV
TITLE 4. GOVERNMENT OF CITIES [34000 - 45345]
( Title 4 added by Stats. 1949, Ch. 79. )
DIVISION 3. OFFICERS [36501 - 41805]
( Division 3 added by Stats. 1949, Ch. 79. )
PART 1. GENERAL [36501 - 36525]
( Part 1 added by Stats. 1949, Ch. 79. )
36516.
(a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2). (2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month.
(C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:
(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. (B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year. (5) No ordinance shall be enacted or amended to provide automatic future increases in salary. (b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner. (c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.
(d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees. (e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section.
(f) A city council member may waive any or all of the compensation permitted by this section. (g) (1) For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council. (2) At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation. The ordinance shall not be adopted at the first meeting.
(3) At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.
(Amended by Stats. 2023, Ch. 27, Sec. 2. (SB 329) Effective January 1, 2024.)
Attachment 2 – California Government Code 36516
Government Code - GOV
TITLE 4. GOVERNMENT OF CITIES [34000 - 45345]
( Title 4 added by Stats. 1949, Ch. 79. )
DIVISION 3. OFFICERS [36501 - 41805]
( Division 3 added by Stats. 1949, Ch. 79. )
PART 1. GENERAL [36501 - 36525]
( Part 1 added by Stats. 1949, Ch. 79. )
36516.
(a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2). (2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month.
(C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:
(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. (B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year. (5) No ordinance shall be enacted or amended to provide automatic future increases in salary. (b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner. (c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.
(d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees. (e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section.
(f) A city council member may waive any or all of the compensation permitted by this section. (g) (1) For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council. (2) At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation. The ordinance shall not be adopted at the first meeting.
(3) At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.
(Amended by Stats. 2023, Ch. 27, Sec. 2. (SB 329) Effective January 1, 2024.) 36516.1.
A mayor elected pursuant to Sections 34900 to 34904, inclusive, may be provided with compensation in addition to that which he or she receives as a council member. That additional compensation may be provided by an ordinance adopted by the city council or by a majority vote of the electors voting on the proposition at a municipal election. (Amended by Stats. 2010, Ch. 699, Sec. 14. (SB 894) Effective January 1, 2011.) 36516.5.
A change in compensation does not apply to a council member during the council member’s term of office. This prohibition shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office. • (Amended by Stats. 2010, Ch. 699, Sec. 15. (SB 894) Effective January 1, 2011.)