0 Landscape - Limit
landscape irrigation to
specific times
Ongoing long-term
conservation savings
measure. N/A to
WSCP quantifiable
savings.
Watering or irrigation of vegetated
areas is prohibited between 9 am
and 6 pm except by use of a hand
held device, hose equipped with an
automatic shutoff device, or for
adjusting or repairing an irrigation
system for short periods of time.
No
0 Other - Require
automatic shut of hoses
Ongoing long-term
conservation savings
measure. N/A to
WSCP quantifiable
savings.
Use a shutoff nozzle on hoses. No
0 Pools and Spas -
Require covers for
pools and spas
Ongoing long-term
conservation savings
measure. N/A to
WSCP quantifiable
savings.
Pools and spas shall be covered
when not in use to prevent
evaporation.
No
0 Other - Prohibit use of
potable water for
construction and dust
control
Ongoing long-term
conservation savings
measure. N/A to
WSCP quantifiable
savings.
Require a construction water use
plan be submitted to the water
supplier that addresses how impacts
to existing water users will be
mitigated (such as dust control).
No
0 Landscape - Limit
landscape irrigation to
specific days
Ongoing long-term
conservation savings
measure. N/A to
WSCP quantifiable
savings.
Irrigation shall be limited to 4 days
per week turf watering when using
potable water.
No
0 Landscape - Other
landscape restriction or
prohibition
Ongoing long-term
conservation savings
measure. N/A to
WSCP quantifiable
savings.
Prohibited use of potable water for
outdoor irrigation in newly
constructed homes and buildings,
except with drip or microspray
irrigation systems.
No
0 Landscape - Other
landscape restriction or
prohibition
Ongoing long-term
conservation savings
measure. N/A to
WSCP quantifiable
savings.
Prohibited use of potable water for
the irrigation of nonfunctional turf
located on commercial, industrial,
and institutional properties, other
than cemeteries, and on properties
of homeowners' associations,
common interest developments,
and community service
organizations or similar entities.
No
1 Landscape - Limit
landscape irrigation to
specific times
0-5%
Watering or irrigation of vegetated
areas is prohibited between 9 am
and 6 pm except by use of a hand
held device, hose equipped with an
automatic shutoff device, or for
adjusting or repairing an irrigation
system for short periods of time.
Yes
1 Landscape - Limit
landscape irrigation to
specific days
0-5%
Irrigation shall be limited to 4 days
per week turf watering when using
potable water.
Yes
1 Expand Public
Information Campaign 0-1%
Community Outreach and
Messaging (Expand Public
Information Campaign)
Yes
1 Reduce System Water
Loss 0-5%
Real Loss Reduction - Pressure
Management and More Aggressive
Leak Detection and Repair
Yes
1 Increase Water Waste
Patrols 0-1% Increase Water Waste Patrols Yes
1 Expand Public
Information Campaign 0-1% Expand promotion and outreach about rebates available No
2 Improve Customer
Billing 0-1% Improve AMI Leak Reports to
include more details on water use No
2 Other - Customers must
repair leaks, breaks, and
malfunctions in a timely
manner
0-1% Fix leaks or faulty sprinklers
promptly/within 5 days. Yes
2 Landscape - Other
landscape restriction or
prohibition
0-1%
Prohibited use of broken or
defective plumbing, sprinkler,
watering or irrigation systems.
Yes
2 Landscape - Limit
landscape irrigation to
specific days
5-10%
Irrigation shall be limited to 3 days
per week turf watering when using
potable water. Plant containers,
trees, shrubs and vegetable gardens
may be watered additional days
using only drip irrigation or hand
watering.
Yes
2 Water Features -
Restrict water use for
decorative water
features, such as
fountains
0-1%
Filling or refilling ornamental lakes
and ponds is prohibited.
Ornamental lakes and ponds that
sustain aquatic life of significant
value and were actively managed
prior to the storage declaration are
exempt.
Yes
2 Pools and Spas -
Require covers for
pools and spas
0-1% Pools and Spas - Require covers for
pools and spas Yes
2 Decrease Line Flushing 0-1% Decrease Line Flushing Yes 2 CII - Restaurants may
only serve water upon
request
0-1% CII - Restaurants may only serve
water upon request Yes
2 Pools - Allow filling of
swimming pools only
when an appropriate
cover is in place.
0-1%
Pools - Allow filling of swimming
pools only when an appropriate
cover is in place.
Yes
3 Other - Customers must
repair leaks, breaks, and
malfunctions in a timely
manner
0-1% Fix leaks or faulty sprinklers within
4 days. Yes
3 Other - Prohibit vehicle
washing except at
facilities using recycled
or recirculating water
0-1%
Car washing is only permitted
using a commercial carwash that
recirculates water or by high
pressure/low volume wash systems.
Yes
3 Other - Prohibit use of
potable water for
construction and dust
control
0-1%
Require a construction water use
plan be submitted to the water
supplier that addresses how impacts
to existing water users will be
mitigated (such as dust control).
Yes
3 Landscape - Limit
landscape irrigation to
specific days
10-25%
Irrigation shall be limited to 2 days
per week turf watering when using
potable water. Plant containers,
trees, shrubs and vegetable gardens
may be watered additional days
using only drip irrigation or hand
watering.
Yes
3 Other water feature or
swimming pool
restriction
0-1%
Decorative water features that use
potable water must be drained and
kept dry.
Yes
3 CII - Other CII
restriction or
prohibition
0-1%
No water in new, added or altered
cooling system equipment unless at
least fifty percent (50%) of the
water is recycled.
Yes
4 Other - Customers must
repair leaks, breaks, and
malfunctions in a timely
manner
0-1% Fix leaks or faulty sprinklers within
3 days. Yes
4 Landscape - Limit
landscape irrigation to
specific days
5-20%
Irrigation shall be limited to 1 days
per week turf watering when using
potable water. Plant containers,
trees, shrubs and vegetable gardens
may be watered additional days
using only drip irrigation or hand
watering.
Yes
4 Other water feature or
swimming pool
restriction
0-1%
Existing pools shall not be emptied
and refilled using potable water
unless required for public health
and safety purposes.
Yes
4 Other water feature or
swimming pool
restriction
0-1% No new permits for pools will be
issued. Yes
4 Landscape - Prohibit
certain types of
landscape irrigation
0-1% Irrigation of golf courses only
allowed for greens and tees area. Yes
5 Other - Customers must
repair leaks, breaks, and
malfunctions in a timely
manner
0-1% Fix leaks or faulty sprinklers within
2 days. Yes
5 Landscape - Prohibit all
landscape irrigation 5-20% All irrigation is prohibited. Yes 5 Landscape - Prohibit
certain types of
landscape irrigation
0-1% Watering of all golf course areas is
prohibited. Yes
5 Landscape - Prohibit
certain types of
landscape irrigation
0-1%
Watering of parks, school grounds,
and recreation fields is
prohibited, except for rare plant or
animal species.
Yes
6 Other - Customers must
repair leaks, breaks, and
malfunctions in a timely
manner
0-1% Fix leaks or faulty sprinklers within
1 day. Yes
6 Other 0-50% Water use for public health and
safety purposes only. Yes
6 Landscape - Prohibit all
landscape irrigation 0-5%
The City may shut off all non-
essential water services. All
irrigation is prohibited.
Yes
6 CII - Other CII
restriction or
prohibition
0-15%
Water for commercial,
manufacturing, or processing
purposes shall be reduced in
volume by up to 50% or exceeded
if necessary for public health and
safety purposes.
Yes
6 Other 0-70%
Water use for public health and
safety purposes only. Customer
rationing may be implemented.
Yes
The following uses of potable water are prohibited for all water users at all times and are permanent:
3.01 Use that results in flooding or runoff in gutters, waterways, patios, sidewalks, driveways, or streets except as permitted in Section 3.02 (a) and (b).
3.02 Use of pressure washer or hand-held hose not equipped with a positive self-closing water shutoff device for:
(a) Washing cars, buses, boats, aircraft, trailers or other vehicles or mobile equipment; (b) Watering outside plants, lawn, landscape, and turf areas.
3.03 Except upon the request of a customer, service of water by any establishment including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased.
3.04 Use through broken or defective plumbing, sprinkler, watering, or irrigation systems.
3.05 Use in new, added, or altered commercial car wash equipment unless a recirculating water system is incorporated.
3.06 Use in new, added, or altered cooling system equipment unless at least fifty percent (50%) of the water is recirculated. A waiver to allow less than fifty percent (50%) recirculating may be granted by the Chief Building Official due to water quality concerns only. Cost is not an acceptable reason to request or receive a waiver.
3.07 Use for irrigation if recycled water, reclaimed water, or treated sewage effluent water is available, except in the following situations as deemed necessary by City Engineer/Public Works Director:
(a) Irrigation of City Cultural Resources;
(b) Where recycled water, reclaimed water, and treated sewage effluent water use is prohibited under Title 22 of the California Water Code;
(c) Other situations where recycled water, reclaimed water, or treated sewage effluent water use is deemed inappropriate by the City Engineer/Public Works Director.
3.08 Use for hosing of sidewalks, driveways, walkways, parking areas and other paved surfaces.
3.09 Use for construction purposes, including dust control and compaction.
3.10 Use for cleaning, filling, or operating water features, such as decorative fountains, ponds, lakes or other similar aesthetic structures, except where the water is part of a recirculating system. The only exception may be a water feature currently listed in the National Register of Historic Places, where water use deemed necessary for integrity of the feature.
3.11 Use to irrigate outdoor plants, lawn, grass, landscaping, or turf areas during and within forty-eight (48) hours after measurable rainfall.
3.12 Use for outdoor irrigation in newly constructed homes and buildings, except with drip or microspray irrigation systems.
3.13 Use for watering street medians containing ornamental turf.
3.13 Uncovered Pools and Spas when not in use.
3.14 The prohibitions enumerated in 3.11,and 3.12, and 3.13 do not apply to any storm water treatment features, such as landscape based bioretention areas and green roofs, to meet the requirements of Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit No. CAS612008, C3 Provision.
3.15 The use of potable water for irrigation of nonfunctional turf on commercial, industrial, and institutional properties, other than a cemetery, and on properties of homeowners’ associations, common interest developments, and community service organizations or similar entities will be prohibited as set forth below:
(a) The following properties must stop irrigating nonfunctional turf with potable water by the following
dates:
1. All properties owned by the California Department of General Services, beginning January 1, 2027;
2. All properties owned by local governments, local or regional public agencies, and public water systems, except those specified in paragraph (5), beginning January 1, 2027;
3. All other institutional properties and all commercial and industrial properties, beginning January 1, 2028;
4. All common areas of properties of homeowners’ associations, common interest developments, and community service organizations or similar entities, beginning January 1, 2029;
5. All properties owned by local governments, local public agencies, and public water systems in a disadvantaged community, beginning January 1, 2031, or the date upon which a state funding source is made available to fund conversion of nonfunctional turf on these properties to climate-appropriate landscapes, whichever is later. (b) Notwithstanding subdivision (a), the use of potable water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial nonturf plantings, or to the extent necessary to address an immediate health and safety need.
(c) The State Water Resources Control Board may, upon a showing of good cause for reasons including economic hardship, critical business need, and potential impacts to human health or safety, postpone a compliance deadline in subdivision (a) by up to three years for certain persons, institutions, and businesses, and may create a form to be used for compliance certification to the board by property owners.
(d) The prohibitions and requirements identified in this Section are not applicable to:
1. Turf landscapes located on single family residential properties
2. Turf landscapes that are irrigated using recycled water Use for watering or irrigation of any plants, lawn, grass, landscaping or turf areas except between the hours of 6:00 p.m. through 9:00 a.m. and for no more than four (4) days during any seven-day period. The days of watering shall be:
Address Ending in Odd Number: Monday, Wednesday, Thursday, and Saturday; Address Ending in Even Number: Tuesday, Thursday, Friday, and Sunday; No address: Monday, Tuesday, Thursday, and Sunday.
The following activities are exempt from the day and time restrictions on watering or irrigation (only in WSCP shortage levels 0 and 1):
(a) Use for short periods during timer adjustment and repair of irrigation system are exempt from the time and day restriction set forth above.
(b) Watering by hand.
(c) Watering plants slated for sale in nursery/garden centers. (d) Watering using drip irrigation systems.
(e) Landscape Irrigation zones that are controlled by an activated weather-based irrigation controller.
3.16 Use for watering or irrigation of non-turf plants, functional turf, lawn, grass, or landscaping except between the hours of 6:00 p.m. through 9:00 a.m. and for no more than four (4) days during any seven-day period. The days of watering shall be:
• Address Ending in Odd Number: Monday, Wednesday, Thursday, and Saturday;
• Address Ending in Even Number: Tuesday, Thursday, Friday, and Sunday; • No address: Monday, Tuesday, Thursday, and Sunday.
The following activities are exempt from the day and time restrictions on watering or irrigation (only in WSCP shortage levels 0 and 1):
(a) Use for short periods during timer adjustment and repair of irrigation system are exempt from the time and day restriction set forth above.
(b) Watering by hand.
(c) Watering plants slated for sale in nursery/garden centers. (d) Watering using drip irrigation systems.
(e) Landscape Irrigation zones that are controlled by an activated weather-based irrigation controller.
3.17 Exceptions to the prohibitions enumerated in 3.09, 3.10, 3.11, 3.12, 3.13, 3.14, 3.15 and 3.16 may be granted where necessary to address an immediate health and safety need, or to comply with a term or condition in a permit issued by a state or federal agency, or where otherwise allowed by law.
SECTION 6. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII, CHAPTER 6, SECTION 7
Title VIII, Chapter 6, Section 7 of the Milpitas Municipal Code is hereby amended to read as follows:
The prohibitions identified in Sections 3.01 through 3.16 are applicable to all water customers using potable water. Water users listed in Section 3.15 are subject to additional prohibitions. The prohibitions and rationing requirements identified in this Chapter are not applicable to fountains, irrigation systems, cooling towers, and dual-plumb sites that use non-potable water such as recycled water.
SECTION 7. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.
SECTION 8. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36937 of the Government Code of the State of California.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Introduce Ordinance No. 232.2 Regarding Backflow Prevention and Cross- Connection Control (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Category: Public Hearings-Leadership and Support Services Meeting Date: 6/9/2026
Recommendation: Following the reading of the title by the City Attorney, move to waive reading beyond the title and introduce Ordinance No. 232.2, amending various sections of Chapter 3 (Backflow Prevention and Cross-Connection Control) of Title VIII of the Milpitas Municipal Code
BACKGROUND:
A cross-connection is any actual or potential physical link between the City’s safe drinking water supply and a non-potable source that has the potential to result in contamination of the City’s water supply. To prevent such contamination, the State adopted Title 17 of the California Code of Regulations (CCR) in 1987 requiring public water purveyors to protect the public water system from contamination by implementing a cross-connection control program. The regulation included evaluating customers’ properties to determine the degree of hazard present that could result in an actual or potential cross connection, required installing an approved backflow prevention assembly (BPA) to mitigate any such hazard, and performing annual testing to ensure installed BPAs were performing adequately to protect the public water system. In 1988, the City Council adopted Title VIII, Chapter 3 – Backflow Prevention and Cross-Connection Control of the Milpitas Municipal Code (Cross Connection Ordinance) to institute controls for the installation, testing, and repair of BPAs that complied with Title 17.
As the decades-old regulation became insufficient for modern industrial and residential demands, the State Legislature mandated more stringent, structured, and uniform statewide standards for cross-connection control and backflow prevention. The new legislation is meant to enhance the safety and reliability of public water systems in California. Assembly Bill 1671 was signed into law in 2017 and mandated that the California State Water Resources Control Broad (SWRCB) update the regulation and establish new minimum standards for backflow protection to ensure safe drinking water and prevent contamination of the public water supply.
Assembly Bill 1180 was signed into law in 2019 and added public water system protections related to recycled water distribution and use. Together, these Assembly Bills led the SWRCB to develop and adopt the Cross- Connection Control Policy Handbook (CCCPH) on December 19, 2023. The CCCPH became effective on July 1, 2024, superseding the related portions of CCR Title 17 regulations. On June 17, 2025, the State Water Board adopted a revised version of the CCCPH, which extended some deadlines and changed some language to align with other pre-existing regulations. On April 21, 2026, the State Water Board adopted a revised version of the CCCPH regarding accreditation of certifying organizations and backflow prevention at existing auxiliary water supplies. The present action brings the City’s Cross Connection Control Program into better alignment with this most recent revision of the CCCPH and the best practices for cross connection control represented therein.
The CCCPH mandates water purveyors to develop a Cross Connection Control Plan (CCCP), which establishes standards for backflow protection assemblies, requires hazard assessments to survey site conditions at all properties connected to the public water system, mandates properties with secondary water access or industrial/fire protection systems to install backflow prevention assemblies, and sets strict accreditation standards for cross-connection control specialists and backflow assembly testers. The City has prepared and received approval from the SWRCB for the CCCP, which was completed prior to the State’s
deadline of July 1, 2025. The City’s CCCP outlines how the City will maintain compliance, including conducting hazard assessments, BPA inspections, recordkeeping, and public outreach. Customers will benefit from the transparent and consistent program operations. In addition, the CCCPH requires that public water systems adopt operating rules, a resolution, or an ordinance to provide legal authority to implement corrective actions in the event a customer fails to comply in a timely manner with the requirements. The rules, resolution or ordinance must address the proper installation, inspection, field testing, and maintenance of backflow prevention assemblies.
The California Constitution requires the State to reimburse local agencies for certain newly mandated local programs. However, Assembly Bill 1671 contains a disclaimer stating no reimbursement is required under Section 17556 of the California Government Code, because the act creates a new crime or infraction (violating the adopted handbook is a crime), or changes the penalty for a crime or infraction, which disqualifies the mandate from state reimbursement. Additionally, Assembly Bill 1180 legislative digest explicitly concludes that no state reimbursement is required because it does not constitute a reimbursable state mandate under the California Constitution.
ANALYSIS:
Staff, in consultation with the City Attorney’s Office, recommend adopting an amendment to the Cross- Connection Ordinance to meet the requirements of the CCCPH (Attachment A). The proposed amendments provide the City authority to implement its CCCP, includes updated definitions, gives rights to the City to enter private property for inspections, provides guidelines for installing, inspecting, repairing, and/or replacing BPAs as required to protect the public water system and lastly provides for enforcement for non-compliance, allowing the City to deny or discontinue water service. The following is a summary of amended or added sections of the Cross Connection Ordinance that addresses the requirements of the CCCPH.
• VIII-3-1.00 – Purpose: This section is amended to provide the City the authority to protect public health through the establishment of standards to ensure the City’s public water system and South Bay Water Recycling’s (SBWR) recycled water system will not be subject to the contamination or backflow of liquids, gases, or other substances in accordance with CCCPH and SBWR’s Rules and Regulations for Design and Operation of On-Site Recycled Water Facilities.
• VIII-3-2.00 – Authority: This section is added as it was previously defined under Section 3-1.00 Purpose and Section 3-3.00 - Policy under the current Cross Connection Ordinance. It provides the authority to the City Engineer to protect City’s public water system and SBWR’s recycled water system from contaminants or pollutants by implementation and enforcement of a backflow prevention and cross-connection control program. The City Engineer continues to have the authority to terminate water service immediately without notification in the interest of protecting the public health, safety, and welfare if at any time a real or potential hazard is evidenced.
• VIII-3-3.00 – Definitions: This section is amended to define new terminology introduced by the CCCPH.
• VIII-3-4.00 – Policy: This section is amended to set standards and polices in accordance with the CCCPH. The following is a summary of the section, but is not limited to:
o City Engineer shall periodically submit updates of the CCCP to conform to the most current CCCPH requirements.
o Only assemblies specified in City Standard Details and Specifications are allowed. o Existing premises that have an assembly not meeting minimum BPA standards may continue to remain in operation as long the City Engineer determines it will satisfactorily protect the City’s public water system. If the assessment of hazard results in, or the City Engineer determines that the replacement of a BPA is required, the customer is provided up to one hundred eighty (180) calendar days to install a new BPA.
o Existing premises without an assembly, depending on certain requirements, may be required to install a BPA within thirty (30) calendar days of being provided with written notice by the City Engineer. o Customers with existing fire services with non-testable, below-grade, single check assemblies will require above-ground replacement no later than June 1, 2034.
o Single-family residential premises with fire protection systems are required to install a BPA unless certain conditions are met. New buildings require installation prior to occupancy and existing buildings require installation by June 1, 2034.
o Customers with recycled water service are required to install a BPA. New services require installation prior to occupancy and existing services without a BPA are required to install a BPA no later than June 1, 2034.
o All replacement dates are allowed to be amended if they are subsequently amended in the CCCPH.
• VIII-3-5.00 - Assessment of Hazard: This section is added as it was previously defined under Section 3-
3.00 - Policy under the current Cross Connection Ordinance. The section requires customers with an existing BPA to submit an assessment, completed by a specialist, to the City by June 30, 2027. New connections with BPAs are required to submit an assessment completed by a specialist prior to occupancy, at their own expense. This will determine the level of protection required for the customer.
• VIIl-3-6.00 - Determination of Backflow Prevention Assembly and Assessment of Hazard Requirements: This section is added as it was previously defined under Section 3-5.00 - Determination of Backflow Prevention Device under the current Cross Connection Ordinance. It provides standards for the type of BPA to be installed according to the type of premises and based on the assessment of hazard, to provide maximum protection to the City’s public water system.
• VIII-3-7.00 - Installation of Assembly: This section is added as it was previously defined under Section 3-6.00 - Installation of Device under the current Cross Connection Ordinance. This section requires a BPA to be designed and installed in accordance with the City Standard Details and Specifications and requires the customer to obtain a permit from the City’s Building Department for installation of a new or replacement of an existing BPA.
• VIII-3-8.00 - Testing and Maintenance: This section is added as it was previously defined under Section 3-7.00 - Testing and Maintenance under the current Cross Connection Ordinance. This section requires customers to maintain and test their BPA annually, at their expense, and submit results to the City by an authorized backflow prevention assembly tester or cross-connection control specialist. It also requires customers to immediately repair, overhaul or replace any defective BPA and submit test results for the new installation.
• VIII-3-9.00 – Notifications: This section is added and requires customers to notify the City regarding a failed annual test result and or backflow or cross‑connection incident.
• VIll-3-10.00 – Appeals: This section is added with the same language as previously defined under Section 3-8.0 Appeals under the current Cross Connection Ordinance.
• VIIl-3-11.00 - Penalties: This section is added with the same language as previously defined under Section 3-9.0 Penalties. under the current Cross Connection Ordinance.
Community Impact
As the CCCPH updates the regulations and establishes new minimum standards for backflow protection to ensure safe drinking water and prevent contamination of the public water supply, it will have an impact on customers that have or will need a BPA, which is estimated to affect approximately 2,900 water and recycled services. The following table summarizes the minimum BPA required for customer types; a reduced pressure (RP) assembly is specified for the highest level of protection. For reference, the table also includes the minimum BPA required for customer types under Title 17. Existing premises that have an assembly not meeting the minimum BPA standards, the Cross Connection Ordinance will allow the device to continue to remain in operation as long the City Engineer determines it will satisfactorily protect the City’s public water system. However, customers will be required to replace the existing BPA to the new standard if the device does not pass the annual test, assessment of hazard results in, or the City Engineer determines that the replacement is necessary. Single-family, non-hillside customers without fire protection systems are currently exempt from the requirements of the CCCPH, as their degree of hazard is very low, however new development is implementing these requirements.
Customer Type Minimum Backflow
Assembly Type (Title 17)
Minimum Backflow
Assembly Type (CCCPH)
Assessment of Hazard
Required
Industrial and Commercial
Potable Irrigation Services DC RP Yes
Industrial and Commercial
Potable Systems RP RP Yes
Industrial and Commercial Fire
Protection Systems DC RPDA Yes
Hillside Residences where
Customer system is Higher than
public water system.
DC RP Yes
Multi-Family Residential
Properties with Two or more
Units (including fire, irrigation
and potable systems)
DC RP Yes
Low Hazard Fire Services DC RP Yes
Single-Family Homes with Fire
Protection System None Required RP Yes
Single-Family Residence None Required None Required None Required Construction Meters None Required RP Not Applicable
Recycled Water Services None Required RP None Required
• DC: Double Check Backflow Prevention Assembly
• RP: Reduced Pressure Backflow Prevention Assembly
• RPDA: Reduced Pressure Detector Assembly
To adequately assess the City’s public water system per CCCPH, all customers with a known BPA must complete a hazard assessment by June 30, 2027, at their own cost. Customers were made aware of the requirement as part of the 2025 and 2026 annual testing notifications. Approximately 70% of the customers have submitted assessments for the City’s review. Depending on site complexity, the cost that customers may incur for assessments ranges from $250 to $1,000.
In addition, CCCPH further identifies the following existing services as potential hazards and requires a BPA to protect the City’s public water system:
• Fire services with a below-grade single-check assembly. These devices are a non-testable and are not sufficient in preventing back-siphonage,
• Single-family residential with fire protection systems. These systems are subject to stagnant water, due to the lack of circulation, causing pipe corrosion leading to microbial growth, and • Recycled water service, which can potentially be cross connected to the potable water system.
Staff have preliminarily identified approximately 336 business customers with a fire service equipped with a below grade single-check assembly, 850 single-family residences with a fire protection system, and 255 recycled water customers.
As the State recognizes the burden on the community to mandate BPA on these types of services, the CCCPH allows customers until June 1, 2034, to be in conformance. Once the exact number of services that require a BPA has been verified, staff will analyze the site conditions and reach out to customers to discuss the mandate. The cost of installing a BPA will vary depending on site conditions and will be at the expense of the customer in accordance with the Cross Connection Ordinance. As Assembly Bills 1671 and 1180 do not reimburse local agencies to assist with cost of this mandate, if directed, staff can evaluate and make future recommendations to City Council to help offset customers’ expenses. Potential funds may be available from Fund 109, that receives late payment penalties on utility bills.
POLICY ALTERNATIVE(S):
Alternative: Do not adopt amendments to the Cross Connection Ordinance.
Pros: None
Cons: The City would be limited in its ability to protect the public water system from contamination by not having the authority to enter private property for inspections, to provide guidelines for annual testing, to install, inspect, repair, and/or replace BPAs, and to enforce corrective measures for non-compliant customers.
Reason for Not Recommending: Not establishing the legal authority to implement a compliance program could result in citations, compliance orders, and/or the revocation of the City’s operating permit from the State. Also, without a compliance program, the likelihood of exposing the community to contaminants through a backflow occurrence is greatly increased.
FISCAL IMPACT:
The Public Works Department employs a dedicated Cross Connection Specialist, who is responsible for administrating and implementing the City’s CCCP. However, there is still additional time and expense incurred to review State required hazard assessments from customers, to research, investigate and verify the inventory of customers with BPAs, and to conduct outreach/education to customers required to install BPAs by June 1, 2034.
Staff are continually evaluating the effort of conforming to the latest requirements of the CCCPH; if any additional funding for ongoing compliance is required, staff will request such funding through future budget appropriations as part of the annual operating budget that the City Council adopts for the Department.
Additionally, changes to the Municipal Fee Schedule will be proposed for cost recovery of this additional workload as soon as is practicable.
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) Draft Ordinance No. 232.2 redlined
(b) Draft Ordinance No. 232.2
1 Ordinance No. 232.21
REGULAR
NUMBER: 232.2
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING CHAPTER 3 OF TITLE VIII OF THE MILPITAS MUNICIPAL
CODE RELATING TO THE BACKFLOW PREVENTION AND CROSS-
CONNECTION CONTROL PROGRAM
HISTORY: This Ordinance was introduced (first readi ng) by the City Council at its meeting of _____________, upon motion by ____________, and was a dopted (second reading) by the City Council at its meeting of ___________, upon motion by ________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:
AYES: (0)
NOES: (0) None.
ABSENT: (0) None.
ABSTAIN (0) None.
ATTEST: APPROVED:
_______________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
____________________________
Christian Curtis, City Attorney
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RECITALS AND FINDINGS:
WHEREAS, the City operates a public water system, as defined by California Health and Safety Code Section 116275(h), and, since at leas t December 20, 1988, has maintained a Backflow Prevention & Cross-Connection Control Program to prot ect that public water system with regulations codified relating thereto in Title VIII, Chapter 3 of the Milpitas Municipal Code (commencing with Section VIII-3-1.00); and
WHEREAS, California Health and Safety Code Sections 116407, 116555.5 and 13521.2 focus on backflow protection and cross-connection control for public water systems and nonportable recycled water uses and provides the California State Water Resources Control Board (State Water Board) authority to adopt standards for backflow protection and cross-connection control for both systems; and
WHEREAS, California Health and Safety Code Section 116555.5 states that public water systems are to implement cross-connection control pr ograms that comply with applicable regulations and with standards adopted by the State Water Board; and
WHEREAS, prior to Assembly Bill 1671 being a pproved on October 6, 2017 (AB 1671), California’s regulations pertaining to cross-connection control were set forth in regulations in Title 17, Division 1, Chapter 5, Subchapter 1, Group 4, Article 3 of the California Code of Regulations (CCR), which were adopted in 1987 with minor revisions in 2000; and
WHEREAS, AB 1671 and later Assembly Bill 1180 in October 2, 2019 (AB 1180) comprehensively overhauled California’s regulatory scheme pertaining to cross-connection control and directed, among other things, that the State Water Board adopt standards for backflow protection and cross-connection control by January 1, 2020 and sp ecified that these standards may be implemented through the adoption of a policy handbook; and
WHEREAS, AB 1180, through the adoption of Califor nia Health and Safety Code Section 13521.2, required the State Water Board by January 1, 2023 to update the uniform statewide standards for non-potable recycled water uses, including to in corporate by reference the criteria and applicable backflow protection provisions contained within the most recently adopted version of the policy handbook for public water systems; and
WHEREAS, on December 19, 2023, the State Wate r Board adopted the Cross-Connection Control Policy Handbook (CCCPH), which took effect on July 1, 2024 and replaced the previous backflow protection and cross-connection control regulations in Title 17 of the CCR; and
WHEREAS, on June 17, 2025, the State Water Boar d adopted a revised version of the CCCPH, which extended some deadlines and changed some language to align with other pre-existing regulations; and
WHEREAS, on April 21, 2026, the State Water Board adopted a revised version of the CCCPH regarding accreditation of certifying organizations and backflow prevention at existing auxiliary water supplies; and
WHEREAS, consistent with California Health a nd Safety Code Section 116555.5 and the CCCPH, the City wishes to update the regulations c ontained in Title VIII, Chapter 3 of the Milpitas Municipal Code related to the Backflow Prevention & Cross-Connection Control Program to bring its
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regulations into greater alignment with the most recent standards promulgated by the State Water Board through the CCCPH, including the recent changes to the CCCPH identified above and particularly the recent changes to standards for non-potable recycled water uses; and
WHEREAS, the City has a vested and legitimate inte rest, and legal authority, to protect the public health, safety, and welfare by adopting reasonable regulations, including prohibitions, to control cross-connections in its public water and recycled water systems, including to prevent the backflow of dangerous of liquids, gases, or ot her substances and contaminants into its systems from customer properties; and
WHEREAS, the City has a vested and legitimate in terest, and legal authority, to implement corrective actions in the event a water customer fails to comply in a timely manner with State law and the City’s regulations regarding cross connection control and backflow pr evention, including the installation, inspection, field testing, or maintenan ce of backflow prevention assemblies, to protect its public water and recycled water systems, in cluding from the introduction of substances and contaminants that may pose a hazard to the public who rely upon these systems; and
WHEREAS, City staff has identified various sections of the Milpitas Municipal Code Title VIII, Chapter 3, requiring clarifications, updates a nd modifications and recommended that the City Council take action to address these issues through the adoption of this Ordinance; and
WHEREAS, pursuant to California Government C ode Sections 65853 and 65854, the City Council of the City of Milpitas held a properly noticed public hearing on June 9, 2026, to consider these amendments to the Milpitas Municipal Code Title VIII, Chapter 3; and
WHEREAS, the City Council finds that this Ordinance does not render the Milpitas Municipal Code Title VIII, Chapter 3, inconsistent with the re quirements of the State Water Board, including as promulgated through the CCCPH.
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly consider ed the full record before it, which may include, but is not limited to, such things as the City staff report, testim ony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII (“PUBLIC WORKS”), CHAPTER 3 (“BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL”)
Title VIII, Chapter 3 of the Milpitas Municipal Code is hereby amended to read as follows:
VIII-3-1.00 Purpose
The purpose of this Chapter is to protect the health , safety, and welfare of the water
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customerspublic by the control of from the backflow of harmful contaminants into the ppublic wwater ssystem and recycled water system, stemming from actual or potential cross- connections. There are through twothree basictwo basic programs, whichprograms which will control and preventprotect against these harmful backflows:
a) Through proper installation and, maintenance and testing of backflow preventers prevention assemblies on services to premises where actual or potential cross-connections exist to pr event backflow or back-siphonage of contaminants or pollutants from the customer's premises into the Public Water Systempublic water system or recycled water system, and.
b) By promoting the elimination of existin g or future cross-connections through inspection and regulation of plumbing and water piping within between a customer’s premises and the, Public Water Systempublic water system or recycled water system. or between them.
Through proper installation and maintenance of backflow prevention assemblies on services to premises where actual or potential cross-connections exist to prevent backflow or back-siphonage of contaminants or pollutants from the customer’s premises into the Recycled Water System.
VIII-3-2.00 Authority
he California Environmental Protection Agen cy – State Water Resources Control Board (SWRCB), “Cross-Connection Control Policy Handbook – Standards and Principles for California’s s,” adopted on December 19, 2023, ma de effective on July 1, 2024, , the City is given the authority to protect public health th rough the establishment of standards intended to ensure a Public Water System will not be subject to the backflow of liquids, gases, or other substances.
Per applicable sections of the California Code of Regulations (CCR), Title 17, “Drinking Water Supply – Backflow Prevention” – Title 17 that can be applied to recycled water, the South Bay Water Recycling (SBWR) Rules and Regulati ons for Design and Operation of On-Site Recycled Water Facilities, and the retailing agreement between SBWR and the City dated June 13, 1995,m the City is given the authority to protect public health through the establishment of standards intended to ensure a Recycled Water Sy stem will not be subject to the backflow of liquids, gases, or other substances.Chapter V, Sections 7583-7622, inclusive of the California Code of Regulations entitled "Regulations Re lating to Cross-Connections," gives the City authority to protect the Public Water System from contamination and pollution.
The City Engineer on behalf of the City shall have authority to protect the Ppublic Wwater Ssystem and the Rrecycled Wwater Ssystem from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through water service connections by implementation and enforcement of a backfl ow prevention and cross-connection control program based on accepted standards.
If, in the judgment of the City Engineer, an approved backflow prevention assembly is required at the City’s water service connection to any cu stomer’s premises, for the safety of the water system, the City Engineer shall give notice in writing to the customer to install such an
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approved assembly at each service connection to the premises. The customer must immediately install such approved assemblies at his or her ow n expense and to the satisfaction of the City Engineer. Failure, refusal, or inability on the part of the customer to comply with this Chapter will constitute a groundgrounds for the City taking action to protect the safety of the public water system or recycled water system, includi ng discontinuing water service to the premises until compliance has been met and all other remedies provided in this Chapter.
The City Engineer has authority to terminate water service immediately without notification in the interest of protecting the public health, safety, or welfare if at any time a real or potential hazard is evidenced, such as failure to timely conform to required assessment of hazard, testing, maintenance, or standard construction design, as provided herein.
VIII-3-32.00 Definitions
For purposes of this Chapter, the terms used herein are defined as follows:
3.01 Air Gap Separation. A physical break between the free-flowing discharge end of a Public Water System pipeline and an open or non-pressure receiving vessel. An “approved air gap separation” shall be at l east twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel, in no case less than one inch (1”).
Approved Water Suppliesy. A water source that has been approved by the State Water Resources Control Board for domestic use in a Public Water Systempublic water system and designated as such in a dom estic water supply permit.; and a separate recycled water source that meets South Bay Water Recycling requirements for recycled use in the recycled water system.
3.02 Assembly. An abbreviated term for a backflow prevention assembly.Approved Assembly. A backflow prevention assembly th at conforms to the list of backflow prevention assemblies as determined by the City Engineer in writing pursuant to Section 4.04. An assembly that does not conform to this requirement, or is improperly installed, is an Unapproved Assembly.
3.03 Assessment of Hazard. An assessment performed by an authorized cCross- cConnection cControl sSpecialist to determin e the potential of a backflow into the Public Water Systempublic water system. Th e assessment will consider the existence of cross-connections; the type and use of materials handled and present, or likely to be, on the water customer premises; the de gree of piping system complexity and accessibility; access to auxiliary water supplies, pumping systems, or pressure systems; distribution system conditions that increase the likelihood of a backflow event; water customer premises accessibility; any prev ious backflow incidents on the water customer premises; and all other pertinent authorities, requirements, and information, including the requirements and information provided in the California Environmental Protection Agency – State Water Resources Control Board, “Cross-Connection Control Policy Handbook – Standards and Prin ciples for California’s Public Water
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System.
32.034-1 Hazard, Degree of. An Aassessment of hazard must identify the degree of hazard (or no hazard) to the Ppublic Wwater Ssystem through evaluation of customer premises based on the following classifications:
32.034-21.1 High Hazard Cross-Connec tion. A cross-connection that poses a significant threat to the potability or safety of the Ppublic Wwater Ssystem. Materials entering the Public Water Systempublic water system through a high-hazard cross-connection are contaminants or health hazards.
32.034-31.2 Low Hazard Cross-Connection. A cross-connection that has been found to not pose a significant threat to the potability or safety of the Public Water Systempublic water system but may adversely affect the aesthetic quality of the Public Water Systempublic wa ter system. Materials entering the public water supply through a low-hazard cross-connection are pollutants or non-health hazards.
32.034-41.3 No Hazard Cross-Connection. A cross connection that poses no hazard to potability or safety of the Public Water Systempublic water system.
3.023.04 Auxiliary Water Supply. Any water supply available to the premises other than the Public Water Systempublic water system . These auxiliary supplies may include water from another purveyor's public Ppublic potable water Wwater Ssystem supply or any natural source such as a well, spring, river, stream, harbor, etcetc.., or “used water” or “industrial fluids .” or “recycled water”.. These waters may be polluted or contaminated, or they may be objectionable and constitute an unacceptable water source over which the City has no sanitary control.
3.05 Backflow. The undesirable flow of water or other liquids, gases , or solid substances under pressure into the distributing pipes of the Public Water Systempublic water system or recycled water system from any outside source.
3.06 Backflow Prevention Assembly. A generi c term referencing multiple types of mechanical assembly designed and constructe d to prevent backflow, such that while in-line it is accessible, can be repaired and its ability to prevent backflow, as designed, can be field-tested, inspected, and eval uated. The assembly must have passed laboratory and field evaluation tests performed by a recognized testing organization that has demonstrated its competency to the State Water Resource Control Board, Division of Drinking Water. A backflow prevention assembly is referred to herein also by the abbreviated term “assembly.” A back flow prevention assembly is referred to herein also by the abbreviated term “Assembly.”
32.067-1 Double Check Detector Backfl ow Prevention Assembly (DCDA). An assembly that includes a bypass with a water meter and double check backflow prevention assembly, with the bypass water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. This type of assembly may only be used for protection
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from back siphonage and backpressure events (low hazard connection).
These assemblies are not allowed for new installation unless approved by the City Engineer and readily accessi ble for in-line maintenance and testing.
32.067-2 Double Check Detector Backflow Prevention Assembly – Type II (DCDA II). An assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. This type of assembly may only be used for protection from back siphonage and backpressu re events (low -hazard cross- connection). These assemblies are not allowed for new installations unless approved by the City Engineer and readily accessible for in-line maintenance and testing.
32.067-3 Double Check Valve Backflow Pr evention Assembly (DC). An assembly consisting of two independently actin g internally loaded check valves, with tightly closing shut-off valves lo cated at each end of the assembly (upstream and downstream of the two check valves) and fitted with test cocks that enable accurate field tes ting of the assembly. This type of assembly may only be used for protection from back siphonage and backpressure events (low hazard cross-connection). These assemblies are not allowed for new installations unless approved by the City Engineer and readily accessible for in-line maintenance and testing.
32.067-4 Pressure Vacuum Breaker Backflow Prevention Assembly (PVB). An assembly with an independently acting internally loaded check valve and an independently acting loaded air inlet valve located on the discharge side of the check valve; with test cock s and tightly closing shutoff valves located at each end of the assembly that enable accurate field testing of the assembly. This type of assembly may only be used for protection from back siphonage (low hazard and high hazard cross-connection) events and is not to be used to protect from backpressure events. These assemblies are not allowed for new installations unless approved by the City Engineer and readily accessible for in-line maintenance and testing.
32.067-5 Reduced Pressure Principle Back flow Prevention Assembly (RP). An assembly that includes a bypass with a water meter and reduced pressure principle backflow prevention assembly, with the bypass water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. Includes two independently operating approved check valves with an automa tically operating differential relief valve between the two check valves, tightly closing shutoff valves, plus properly located test cocks for the t esting of the check and relief valves.
The entire assembly shall meet the design and performance specifications and approval of a recognized and City-approved testing agency for backflow prevention. The device shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the Public Water Systempublic water system side of the device. At cessation of normal flow, the pressure between the two check valves shall
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be less than the pressure on the Pub lic Water Systempublic water system side of the device. In case of leakag e of either of the check valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere.
When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. This type of assembly may be used for protection from back siphonage and backpressure events (low hazard and high hazard cross-connections). To be approved, these assemblies must be readily accessible for in-line maintenance and testing.
32.067-6. Reduced Pressure Principle Detector Backflow Prevention Assembly (RPDA). An assembly that includes a bypass with a water meter and reduced pressure principle backflow prevention assembly, with the bypass water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. Includes two independently operating approved check valves with an automatically operating differential relief valve between the two check valves, tightly closing shutoff valves, plus properly located test cocks for the testing of the check and relief valves. The entire assembly shall meet the design and performance specifications and a pproval of a recognized and City- approved testing agency for backflow prevention. The device shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the Public Water Systempublic water system side of the device. At cessation of normal flow, the pressure between the two check valves shall be less than the pressure on the Public Water Systempublic water system side of the device. In case of leakage from either check valves, the differential re lief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pr essure is two pounds per square inch or less, the relief valve shall open to the atmosphere. This type of assembly may be used for protection from back siphonage and backpressure events (low -hazard and high -hazard cross-c onnections). To be approved, these assemblies must be readily accessible for in-line maintenance and testing.
32.067-7. Reduced Pressure Principle De tector Backflow Prevention Assembly – Type II (RPDA II). An assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. This type of assembly may be used for protection from back siphonage and backpressure events (low -hazard and high -hazard cross-connections). To be approved, these assemblies must be accessible for in-line maintenance and testing.
32.067-8. Single Check Backflow Prevention Assembly (SC). A basic mechanical device with one spring-loaded check va lve that allows water to flow in only one direction. Refer to Section 4.05 for use.These assemblies are not testable and are not allowed for new installations.
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32.067-9. Spill Resistant Pressure Vacuum Breaker BacksiphonageBack-siphonage Prevention Assembly (SVB). An assem bly with an independently acting internally-loaded check valve and an independently-acting loaded air inlet valve located on the discharge side of the check valve; with shutoff valves at each end and a test cock and bleed/vent port, to enable accurate field testing of the assembly. This type of assembly may onl y be used for protection from back-siphonage events (low -hazard cross-connection) and is not to be used to protect from backpressure events. These assemblies are not allowed for new installations.
32.067-10. Swivel-Ell Backflow Preven tion Assembly (Swivel-Ell). An assembly consisting of a reduced pressure principle backflow prevention assembly combined with a changeover piping configuration (swivel-ell connection).
These assemblies are not allowed for new installations.
3.07 Back Pressure. When the pressure in a Ccus tomer's Wwater Ssystem is higher than Public Water Systempublic water system pres sure or recycled water system, forcing either non-potable, “Uused Wwater” back into the Public Water Systempublic water system or contaminated “used water” back into the recycled water system.
3.08 Backflow Prevention Assembly Tester. A person certified by the Stateper the requirements of the Cross Connection Control Policy Handbook and when approvedqualified by the City, is authori zed to test backflow prevention assemblies within the City.
3.09 Back-Siphonage. The flow of water or other liquids, gases, or solid substances into the distribution pipes of the Public Water Systempublic water system or recycled water system from any outside source caused by the s udden reduction of pressure in the Public Water Systempublic water system or recycled water system.
3.033.10 City Engineer. The City Engineer for the City of Milpitas, or designee.
3.11 City Standard Drawings and Specifications. Latest edition documents prepared by the Public Works Department of the City.
3.12 Contamination. Any impairment of the quality of the potable water or recycled water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual hazard to public health through poisoning or through the spread of disease.
3.13 Cross-Connection. Any physical connection or arrangement of piping or fixtures where backflow or back-siphonage might occur between any part of a water system, used or intended to supply water for drinking pur poses, and water or any source or system containing substance that is not or cannot be approved as safe, wholesome, or potable for human consumption. Includes similar connection or arrangement of piping or fixtures where backflow or back-siphonage might occur to the recycled water system.
3.14 Cross-Connection Control Plan (CCCP). A City plan that describes how the City manages and administers the City Cross‑Connection Control Program.
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3.15 Cross-Connection Control Policy Handbook (CCCPH). The most recent edition of the California Environmental Protection Agency - State Water Resources Control Board (SWRCB), “Cross-Connection Control Policy Handbook – Standards and Principles for California’s Public Water Systems,” first adopted on December 19, 2023, and made effective on July 1, 2024, as morest currently amended or superseded.
3.16 Cross-Connection Control Specialist. A person certified per the requirements of the CCCPH and when qualified by the City, is authorized to assess the hazard level present at customer premises. A specialist certified per the requirements of the CCCPH to test may also be authorized by the City to be a Backflow Prevention Assembly Tester.
3.04 Backflow Prevention Device. A device or means designed to prevent backflow or back-siphonage. Types of backflow prevention devices are as follows:
4 5 2.04-1 Double Check Valve Assembly. An assembly of two independently operating approved check valves with tightly closing shutoff valves on each side of the check and relief valves. The entire assembly sh all meet the design and performance specifications and approval of a recognized and City approved testing agency for backflow prevention devices. To be approved, these devices must be readily accessible for in-line maintenance and testing and be installed per City standards. 6 7 2.04.2 Reduced Pressure Principle Backflow Prevention Device. An assembly of two independently operating approved check va lves with an automatically operating differential relief valve between the two check valves, tightly closing shutoff valves, plus properly located test cocks for the testing of the check and relief valves. The entire assembly shall meet the design and perfo rmance specifications and approval of a recognized and City approved testing agency for backflow prevention. The device shall operate to maintain the pressure in the z one between the two check valves at a level less than the pressure on the Public Water Sy stem side of the device. At cessation of normal flow the pressure between the two check valves shall be less than the pressure on the Public Water System side of the device. In case of leakage of either of the check valves, the differential relief
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8 9 valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. Wh en the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved, these devices must be readily accessible for in-line maintenance and testing and be installed per City standards.
10 Cross-Connection Control Policy Handboo k (CCCPH). California Environmental Protection Agency - State Water Resources Control Board (SWRCB), “Cross- Connection Control Policy Handbook – Sta ndards and Principles for California’s Public Water Systems,” adopted on December 19, 2023, and made effective on July 1, 2024.
City Standard Drawings and Specifications. Latest edition documents prepared by the Public Works Department of the City.
10.02 Contamination. Any impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease.
Cross-Connection. Any physical connection or arrangement of piping or fixtures where backflow or back-siphonage might occur between any part of a water system, used or intended to supply water for drinking pur poses, and water or any source or system containing substance that is not or cannot be approved as safe, wholesome, or potable for human consumption.
Cross-Connection Control Plan (CCCP). A City plan that describes how the City manages and administers the City Cross‑Connection Control Program.
Cross-Connection Control Specialist. A pe rson certified by the State and, when qualified by the City, is authorized to assess the hazard level present at customer premises. A specialist certified by the State to test may also be authorized by the City to be a Backflow Prevention Assembly Tester.
3.17 Customer. A customer is all industrial, commercial, multi-family, and single-family premises with a connection to the Public Water Systempublicwaterpublic water system intended for use and consumption for peopleotabl e consumption, for irrigation use, or for fire protection use. or a connection to the recycled water system intended for use and consumption for irrigation use or other non- drinkingpotable purposeuses. A customer is the owner of any premises served by either the public water system or the recycled water system. A customer may include any person or entity in possession of the premises, or those persons or entities responsible for water service charges. A customer is referred to herein also by the term “Water Customer”.
10.033.18 Customer's Water System. All privat ely-owned facilities and parts beyond the service connection of the Public Water Sy stempublicwaterpublic water system or recycled water system for distributing water.
10.04 Hazard, Degree of. The term is derived from an evaluation of the potential risk to public
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health and the adverse effect of the hazard upon the Public Water System. 11 12 2.07.1 Hazard – Health. Any condition, device, or practice in the water system and its operation which, based on the Manual of Cross-Connection Control, could create a danger to the health and well-being of the water customers. An example of a health hazard is a structural defect, including cross-connections, in a water supply system. 13 14 2.07.2 Hazard – Plumbing. A plumbing type cross-connection in a customer's potable water system has not been properly prot ected by a backflow prevention device.
Unprotected plumbing type cross-connections are considered to be a health hazard. 15 16 2.07.3 Hazard – Pollutional. An actual or potential threat to the physical properties of the Public Water System or to the potability of either the Public or the Customer's Water System, but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.
17 18 2.07.4 Hazard – System. An actual or pote ntial threat of severe damages to the physical properties of the Public Water System or the Customer's Water System or of a pollution or contamination which would have a protracted effect on the quality of the water in the system.
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20 20.023.19 Industrial Fluid System. Any system containing a fluid or solution which may be chemically, biologically , or otherwise contaminated or polluted in a form or concentration such as would constitute a health, plumbing, pollutional or system hazard if introduced into an approved water suppl ythe Public Water Systempublic water system or recycled water system . This may include, but not be limited to: polluted or contaminated waters ; all types of process waters and "used waters" originating from the Public Water Systemcustomer’s water system which may have deteriorated in sanitary quality; chem icals in fluid form; plating acids and alkaliesalkalis, circulated cooling waters connected to an open cooling water or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells. springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for fire-fighting purposes.
3.20 List of Approved Backflow Prevention DevicesAssemblies. The most recent list of approved backflow prevention assemblies or equal as noted oin the City Standard Detailsrawings and Specifications.from the University of Southern California, School of Engineering, Foundation for Cross-Connection Control and Hydraulic Research.
3.21 Pollution. The presence of any foreign substance (organic, inorganic, or biological) in water, which tends to degrade its quality and constitutes a hazard or impairs the usefulness or quality of the water to a degree which does not create an actual hazard to the public health, but which does adversely and unreasonably affect such waters for domestic use and/or recycled use.
3.22 Potable Water. Water that is safe for human consumption.
3.23 Premises. All areas on a customer's property that are served or have the potential to be served by the Public Water Systempublicwater public water system or recycled water system.
3.24 Public Water System. System of potable water distribution lines under the complete control of the City using approved water s upplies up to the service connection of the customer.
3.25 Recycled Water. Water which, because of tr eatment of waste, is suitable for direct beneficial use or a controlled use, other than potable use, that would not otherwise occur due to appropriate levels of treat ment, as defined by California Water Code section 13050(n). Wastewater suitable fo r uses other than potable use due to appropriate levels of treatment.
Recycled Water System. System of recycled water distribution lines up to the service connection of the customer. as supplied by South Bay Water Recycling (SBWR).
3.26 3.27 Service Connection. The terminal end of the Public Water Systempublic water ;system or recycled water system, i.e., where the City loses jurisdiction and sanitary control over the water at its point of delivery to the Ccustomer's Wwater Ssystem(s). If a meter is installed at the end of the service connection, then the service connection shall mean
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the downstream end of the customer's meter. There shall be no unprotected takeoffs from the service line on the City's side of the meter or backflow prevention assembly located at the point of delivery to the Ccustomer's Water Ssystem. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the Public Water Systempublic water system.
3.28 Used Water. Any water supplied by the City from the Public Water Systempublic water system or recycled water system to a Ccustomer's Wwater Ssystem after it has passed through the service connection and is no longer under the sanitary control of the City.
2.10 Manual of Cross-Connection Contro l. The latest edition of the Manual of Cross-Connection Control as published by the Foundation for Cross- Connection Control and Hydraulic Research , University of Southern California, University Park, Los Angeles, CA 90089.
2.11 Pollution. The presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health, but which does adversely and unreasonably affect such waters for domestic use.
2.12 Service Connection. The terminal end of the Public Water System; i.e., where the City of Milpitas loses jurisdiction and sanitary control over the water at its point of delivery to the Customer 's Water System. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the customer's meter. There should be no unprotected takeoffs from the service line on the City's side of the meter or backflow prevention device located at the point of delivery to the Customer's Water System. S ervice connection shall also include water service connection from a fire hydrant and a11 other temporary or emergency water service connections from the Public Water System.
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2.13 Used Water. Any water supplied by the Ci ty from the Public Water System to a Customer's Water System after it has passed through the service connection and is no longer under the sanitary control of the City.
2.14 Water System. The water system shall be considered as made up of two parts:
The Public Water System and the Customer's Water System.
2.14.l The Public Water System shall consist of the source facilities and the distribution system; and shall include all those faciliti es of the water system under the complete control of the City up to the point where the Customer's Water System begins the service connection.
2.14.2 The Source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system.
2.14.3 The Distribution System shall include the network of conduits used for the delivery of water from the source to the Customer's Water System.
2.14.4 The Customer’s Water System shall include those parts of the facilities beyond the service connection of the Public Water System for distributing water.
VIII-3-43.00 Policy
4.01 Water Service. No water service connection to any premises shall be installed or maintained by the City unless the Public Water Systempublic water system or recycled water system is protected from, including bu t not limited to, back pressure that may result infrom contamination and pollution, as required by this Chapter, the CCCPH, and other applicable laws and regulations. . Refer to exclusions as described in the requirements of Section 65.00. Service of water to any premises shall be discontinued by the City if a backflow prevention asse mbly commensurate to the hazard level identified in the assessment of hazard and as re quired by this Chapter is not installed, tested and maintained, or if it is found th at a backflow preventio n assembly has been removed, by-passed, or if any unprotected cross-connection exists on the premises.
Service will not be restored until such c onditions or defects are corrected to the satisfaction of the City Engineer.Temporary, intermittent, or emergency users of the public water system or recycled water syst em, including those outside of the City’s jurisdictional boundary, will be considered as consumers on premises for the purposes of this Chapter and will be subject to the same cross-connection control requirements as water service connections to any premises.No water service connection to any premises shall be installed or maintain ed by the City unless the water supply is protected from contamination and pollution. Service of water to any premises shall be discontinued by the City if a backflow prevention device required by this Chapter is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed, by-passed, or if any unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected to the satisfaction of the City Engineer.
4.02 Cross-Connection Control Plan (CCCP). The City Engineer shall submit and periodically update the CCCP to the most recent CCCPH requirements. the California Environmental Protection Agency – State Water Resources Control Board (SWRCB),
16 Ordinance No. 232.21
“Cross-Connection Control Policy Handbook – Standards and Principles for California’s Public Water Systems requirements. The CCCP shall be accessible for public review on the City’s webpage.
4.03 Open for Inspection. City Engineer has the authority to conduct inspections, including sampling, related to the purpose of implem enting this Chapter on private or public property. The Customer's customer's Water water System system(s) shall be open for inspection at all times to authorized representatives of the City Engineer to determine whether cross-connections, hazards (health, plumbing, pollutional, system) , or violations of this Chapter or applicable laws and regulations exist. When an imminent hazard to public health or safety becom es known, the City Engineer may deny or immediately discontinue water service to the premises until the customer has opened the premises and assemblies to inspect and corrected the condition to the satisfaction of the City Engineer.
17 Ordinance No. 232.21
4.04 Approval ofNew Assembly Installation DevicesAssemblies . Only assemblies in the list of assemblies in City Standard Details & Specifications are allowed, unless approved in writing by the City EngineerOnly assemblies lis ted or equal to those specified in the City Standard Drawings and Specificati ons are approvedAny backflow prevention device required herein shall be of a mode l and size as shown on the list of approved backflow prevention devices.
4.05 Existing Premises – With an Unapproved Assembly Type. Existing premises that have been installed with an assembly not meeti ng minimum backflow types as specified in Section 6.01 may continue to use that asse mbly if the City Engineer determines in writing:
4.05.1 The assembly will satisfactorily protect the public water system, including based on CCCPH requirements and the requirements of this Chapter; and,
4.05.2 The premises upon which the assembly is installed is not of a type requiring an RP or other assembly prescribed by the CCCPH, including as listed in Appendix D of the CCCPH; and
4.05.3 An assessment of hazard has been completed per Section 5.00; and
4.05.4 The assembly is accessible for in line maintenance; and
4.05.5 s upon which the assembly is installed is not of arequiring an RP or other assembly prescribed by the CCCPH, including as ;
an has been ;
the assembly ;and
Tthe assembly has been success fully testinged and maintainenanced as described in Section 8.00..
This Section does not apply to assemblies for existing fire services. For Eexisting fire services, refer to Section 4.07.
Whenever an existing assembly is moved fro m its present location or requires major repair, the assembly shall be replaced by an assembly as specified in Section 6.00.
If the assessment of hazard results in, or th e City Engineer determines that, athe replacement of an assembly is required, th e customer is provided up to one hundred eighty (180) calendar days to install an assembly as specified in Section 6.00 and Section 7.00.
4.06 Existing Premises—Without an Assembly. If it is determined that backflow protection is needed per the requirements described in Section 6.00, the customer shall complete an assessment of hazard per Section 5.00 and install an assembly as specified in Section
6.00 and Section 7.00 within thirty (30) calendar days of being providedprovided with written notice by the City Engineer.
18 Ordinance No. 232.21
4.07 mayExisting Fire Services. Existing fire services with non-testable, below grade, single check assemblies shall be replaced with an above grade RPDA no later than June 1, 2034, or as may be specified in an amended CCCPH, whichever is later.
4.08 Single-Family Residential Fire Protection Systems. New single-family residential premises require an assembly as specified in Section 6.00 prior to occupancy. Existing premises require the installation of an assembly by June 1, 20342034, or as may be specified in an amended CCCPH, whichever is later. Both new and existing premises are exempted from the requirements in Secti on 6.00 to install an assembly if all the following criteria are met:
4.0889-1. The customer premises have only one service connection to the public water system; and
4.0889-2. A single service line onto the custom er premises exists that subsequently splits on the property for domestic flow and fire protection system flow, such that the fire protection system may be isolated from the rest of the customer premises; and
4.0889-3. A single, water industry standa rd, water meter is provided to measure combined domestic flow and fire protection system flow; and
4/08.089-4. The fire protection system is c onstructed of piping materials certified as meeting National Sanitation Foundatio n / American National Standards Institute Standard 61; and
4.0898-5. The fire protection system’s piping is looped within the structure and is connected to one or more routinely used fixtures (such as a water closet) to prevent stagnant water.
4.09 Recycled Water Customers. New recycled water service customers are required to have an assembly type as specified in Section 6.00 for the recycled water system and an RP to protect the public water system. Existing recycled water customers are required to have an RP assembly to protect the pub lic water service. Existing recycled water customers without an assembly on the recycled water system are required to install an assembly no later than June 1, 2034.
4.10 Discontinue Water Service. Service of water to any premises may be discontinued by the City Engineer if an assembly commens urate to the hazard level identified in the assessment of hazard and as required by this Chapter is not installed, tested and maintained, or if it is found that an assem bly has been removed, by-passed, or if any unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected to the satisfaction of the City Engineer.
VIII-3-5.00 Assessment of Hazard
5.01 Completed at Customer Expense. Assessm ent of hazards are to be completed at the expense of the customer and only by a cu stomer retained, City authorized cross- connection control specialist. Backflow prev enters which may be subjected to back-
19 Ordinance No. 232.21
pressure or back-siphonage that have been fully tested and have been granted a Certificate of Approval by a certified laborator y and is listed on the City's current list of "Approved Backflow Prevention Devices" may be used without further test or qualification.
5.02 Submission of Assessment. Assessment findi ngs are to be submitted to the City in electronic format, via the City’s online platform.
5.03 New Premises or Connections. New premises shallmust, at the owner’s expense, have an customer completed assessment of hazard performed by a Cross-Connection Control Specialist and have installed an appropriate assembly as may be required withper the requirements described in Section 46.00 and Section 5.00. Assessment of hazard is to be completed prior to installa tion of an assembly if customerscustomer’s premises are newly connected to the Public Water Systempublic water system, or if a customer’s premises changes ownership. .
5.04 Existing Premises – With Anya Comp lying Assembly Type. U pon adoption of this Chapter, Customers must follow the requirements described in Section 7.00.
3.06-1 Assessment of Hazard
3.06-1.1 eExisting premises must are required to have an assessment of hazard, performed by June 30, 2027. An assessm ent is to occur prior to and after this date, Premises are required to have an asse ssment immediately if evidence exists of potential changes in the activities or materials on a customer’s premises; if a backflow from a customer’s premises occurs; if the State Water Resource Control Board requests an assessment; if the City Engineer concludes an existing assessment may no longer be correct. Refer to the requirements descr ibed into Section 65.00. For customer ownership changes at existing premises, an assessment of hazard is to be completed (excludes single-family homes). Assessment of hazard shall be at the expense of the customer and submitted to the City in electronic format, via the City’s online platform.
5.05 Recycled Water Customers. An assessment of hazard is not required.
5.06 Discontinue Water Service. If a cu stomer does not complete an assessment of hazard as noted in Section 6.01 based on th eir customer type, the City Engineer may discontinue water service to the premises or have the assessment completed at the expense of the customer.
3.06-1.2 If a customer does not complete an assessment, the City Engineer may discontinue water service to the premises or ha ve the assessment completed at the expense of the customer.
3.01 Existing Users Premises – with With an nonNon-complying Complying deviceAssembly. An existing non-complying assembly may continue to be used if the City Engineer determines the assembly will satisfactor ily protect the Public Water System based on customer completed assessment of hazard, testing and maintenance requirements described in Section
20 Ordinance No. 232.21
7.00 are satisfied, and if the premise type is listed in Appendix D of the CCCPH. Whenever a existing non-complying assembly is moved from its present location or requires major repair, the assembly shall be replaced by a new code compliant assembly. If the assessment of hazard resu lts in or the City Engineer determines that a replacement of a non- complying assembly is required, the customer is provided up to 180 calendar days to install a code compliant assembly or the City shall discontinue water service.All presently installed backflow prevention devices which do not meet the requirements of this section, but were approved devices for the pu rposes described herein at the time of installation and which have been properly ma intained, shall be excluded from th e requirements of these rules so long as the City Engineer is assured that they will satisfactorily protect the Public Water System based on the testing and maintenance requirements described in Section 7.00. Whenever the existing device is moved from the present location or requires majo r repair, the unit shall be replaced by a backflow prevention device meeting the requirements of this Section.
3.02 Evaluation of Hazard. An evaluation of cross-connection hazards shall be performed when, as specified in the Manua l of Cross-Connection Control, an existing user might pose an actual or potential cross-connection hazard.
Existing Premises—Without an Assembly. If it is dete rmined that backflow protection is needed per the requirements described in Section 4.0 and Secti on 5.0, the customer shall complete an assessment of hazard and install a code complia nt assembly up to 180 calendar days or the City shall discontinue water service. If their premise type is listed in Appendix D of the CCCPH, the customer shall install an assembly per the requirements of this Chapter up to 90 calendar days or the City shall discontinue water service. Existing Users – without any device . All customers and premises existing prior to adoption of this Chapter are subject to an evaluation of hazard by the City Engineer in accordance with the Manual of Cross-Connection Control to determine if backflow devices shall be required. If it is determined that an existing premises requires backfl ow prevention under Secti on 4.00, then the City Engineer shall give notice in writing to the customer to install an approved backflow prevention device within 180 calendar days or the City shall discontinue water service. Certification of the device installed shall be executed within ninety days from date of notice.
Existing Fire Services. Existing fire services with non-testable, below grade, single check assemblies shall be replaced with an above grade RPDAs no later than June 2034.
Single-Family Residential Fire Protection Systems. New single-family residential premises require an assembly prior to occupancy. Existing premises requ ire the installation of an assembly by June 2034.
Refer to the the Assessment Hazard requirements d escribed in Section 5.00. Both new and existing premises are exempted from the requirement to install an assembly if the following criteria are met:
3.10-1. The customer premises has only one servi ce connection to the Public Water System; and
3.10-2. A single service line onto the customer premises exists that subsequently splits on the property for domestic flow and fire protection system flow, such that the fire protection system may be isolated from the rest of the customer premises; and
3.10-3. A single, water industry standard, water meter is provided to measure combined domestic flow and fire protection system flow; and
3.10-4. The fire protection system is constructe d of piping materials certified as meeting NSF/ANSI Standard 61; and
3.10-5. The fire protection system’s piping is loope d within the structure and is connected to one or
21 Ordinance No. 232.21
more routinely used fixtures (such as a water closet) to prevent stagnant water.
Recycled Water Customers. New recycled water service customers are required to have an assembly unless exempted by the City Engineer. A hRefer to the Assessment Hazard requirements described in Section 5.00. Unless exempted by the City Engineer , existing recycled water customers without an assembly will be required to install an assembly no later than June 2034.
5.05 Compliance Dates. Dates specified in Sections 3.06-1, 3.09, 3.10, and 3.11 may be amended by an updated SWRCB, “Cross-Connection Control Policy Handbook.”
VIIl-3-64.00 Determination of Backflow Prevention Assembly and Assessment of Hazard RequirementsWHERE BACKFLOW PROTECTION IS
REQUIRED
6.01 Assembly and Assessment of Hazard Requirements for Customer with New Premise or Service Connection, Without an Asse mbly, or Deficient Assembly. Assembly requirement types for new customers with new premise or service connection, without an assembly, or a deficient assembly 4.01 An approved assembly shall be installed from the list of assemblies listed or equal to those specified in the City Standard Drawings and Specifications. The assembly shall be installed prior to the issuance of a final occupancy permit on each service line to a customer's water system at or near the property line and before the first branch line leading off the service line.
This shall apply to certain commercial and industrial businesses, multi-family residences, separate irrigation systems, hillside residences, residential fire systems, and wherever the following conditions exist:An approved backflow prevention device shall be installed per standard drawings adopt ed by the City and the list of approved backflow prevention devices. The device sha ll be installed prior to the issuance of a final occupancy permit on each service line to a Customer's Water System at or near the property line and before the first branch line leading off the
22 Ordinance No. 232.21
service line. This shall apply to certain commercial and industrial businesses, separate irrigation systems, and hillside residences (without Polyvinyl Chloride Pipe (PVC) fire service) and wherever the following conditions exist:
In the case of premises having an auxiliary wate r supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional potable source, the Public Water System shall be protected against backflow from the premises by installing an assembly in the service line. In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional potable source as determined by the Manual of Cross-Connection Control, the Public Water System shall be protected against backflow from the premises by installing a b ackflow prevention device in the service line appropriate to the degree of hazard.
In case of the premises which any industrial fluid or any other objectionable substance is handled in a manner that could permit the fluid or substance to enter the water system, the Public Water System shall be protected against backflow from the premises by installing an assembly in the service line. Th is shall include the handling of process waters and waters originating from the Public Water System which have been subject to a degradation in quality.In case of the pr emises which any industrial fluid or any other objectionable substance is handled in a manner that could permit the fluid or substance to enter the water system, the Public Water System shall be protected against backflow from the premises by installing a b ackflow prevention device in the service line appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the Public Water System which have been subject to deterioration in quality.
In the case of premises having internal cross-connection that cannot be permanently corrected, the Public Water System shall be protected against backflow from the premises by installing an assembly in the service line. In the case of premises having internal cross- connection that cannot be permanently corr ected, the Public Water System shall be protected against backflow from the prem ises by installing a backflow prevention device in the service line appropriate to the degree of hazard.
In the case of premises having intricate piping a rrangements or where entry to all portions of the premises is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that no cross-connections exist, the Public Water System shall be pr otected against backflow from the premises by installing an backflow prevention device assembly in the service line. appropriate to the degree of hazard.
In the case of premises having a repeated history of cross-connections being established, or re- established, the Public Water System shall be protected against backflow from the premises, appropriate to the degree of h azard, by installing an backflow assembly prevention device in the service line.
In the case of premises being listed in Appendix D of the CCCPH.
In the case of premises where both recycled water and potable water are present in separate piping systems with no interconnection.
23 Ordinance No. 232.21
24 Ordinance No. 232.21
VIII-3-5.00 DETERMINATION OF BACKFLOW PREVENTION
DEVICEASSEMBLY AND ASSESSMENT OF HAZARD
The backflow prevention deviceassembly a nd assessment of hazard required and the corresponding requirement to assess hazard effective under Section 3.00 and Section
4.00 by customer type upon adoption of this Chapter is as follows:
Customer Type
Minimum Backflow
Assembly Type*
Assessment of Hazard
Required
Industrial and Commercial
Potable Irrigation Services RP Yes, refer to Section 5.00 Industrial and Commercial
Potable Systems RP Yes, refer to Section 5.00
Industrial and Commercial Fire
Protection Systems
RPDA, refer to Section
4.07 Yes, refer to Section 5.00
Hillside Residences where
Customer system is Higher than
Public Water System.
RP Yes, refer to Section 5.00
Multi-Family Residential
Properties with Two or more
Units** (includes fire, irrigation
and potable systems)
RP Yes, refer to Section 5.00
Low Hazard Fire Services RP Yes, refer to Section 5.00
Single-Family Homes with Fire
Protection Systems RP, refer to Section 4.08
Yes, refer to Section 5.00.
Not required with
ownership change.
Single-Family Residence None Required None Required
Construction Meters RP Not Applicable
Recycled Water Services RP, refer to Section 4.09 None Required
25 Ordinance No. 232.21
Customer Type
Minimum Backflow
Assembly Type*
Hazard Assessment of
Hazard Required
Industrial and Commercial
Potable Irrigation Services RP Yes, refer to Section 35.00 Industrial and Commercial
Potable Systems RP Yes, refer to Section
35.00 Industrial and Commercial Fire
Protection Systems
RPDA, refer to Section
4.07 Yes, refer to Section
35.00 Hillside Residences where
Customer system is Higher than
Public Water SystemPublic Water
System.
RP Yes, refer to Section
35.00 Multi-Family Residential
Properties with Two or more
Units** (includes fire, irrigation
and potable systems)
RP Yes, refer to Section 35.00
Low Hazard Fire Services RP Yes, refer to Section 35.00
Single-Family Homes with Fire
Protection Systems RP, refer to Section 4.08 Yes, refer to Section 5.00..
Not required with
26 Ordinance No. 232.21
*When an RP is required, an RPDA or RPDA-II may be substituted if appropriate.
5.01.1 A double check valve assembly on all irrigation systems.
5.01.2 A reduced pressure principle backflow preven tion device on certain commercial or industrial domestic systems.
5.01.3 A double check valve assembly on all Hillside residences where PVC pipe is not used.
5.02 An evaluation of hazard will be performed by the City Engineer or his staff based on the Manual of Cross-Connection Control to determine the degree of hazard and what, if any, backflow prevention device shall be required. The following guidelines shall be used in evaluating each customer activity.
5.02.1 In the case of a customer activity where toxi c or hazardous substances are handled in any manner which may allow for contamination for the wa ter system, the Public Water System shall be protected by a reduced pressure principle backflow prevention device at the service connection.
5.02.2 In the case of a customer activity where there is water or substance that would be objectionable, but not hazardous to health, if introduced into the Public Water System, the Public Water System shall be protected by an approved double check valve assembly at the service connection.
5.02.3 In the case of a customer activity where an unapproved auxiliary water supp1y is interconnected with the water system, the Public Water System shall be protected by an approved reduced pressure principle backflow prevention device at the service connection.
5.02.4 In the case of a customer activity where an unapproved auxiliary water supply exists and there is no interconnection, the Public Water System shall be protected by a double-check valve assembly at the service connection.
ownership change.
Single-Family Residence None Required None Required
Construction Meters RP Not Applicable
Recycled Water Services RP, refer to Section 4.09 None Required
27 Ordinance No. 232.21
5.02.5 In the case of a customer activity where there are internal cross-connections that cannot be permanently correct ed, either actual or potential, the Public Water System shall be protected by an approved reduced pressure principle backflow prevention device at the service connection.
5.02.6 In the case of a customer activity having intri cate piping arrangements or entry to all portions of the premises is restricted so that inspections for cross-connecti ons cannot be made with sufficient frequency at sufficient short notice to assure no cross-connections exist, the Public Water System shall be protected against backflow or back-siphonage from the premises by the installation of a reduced pressure principle backflow prevention device at the service connection. In this case, maximum protection will be required; that is, an approved reduced pressure principle backflow prevention device shall be installed in each service to the premises.
5.02.7 In case of a customer activity on which a non-r esidential irrigation system exists where fertilizer, herbicides, or pesticides can be injected into the irrigation system, the Public Water System shall be protected against backflow or back-siphonage from the premises by the installation of a reduced pressure principle backflow prevention device at the service connection.
5.02.8 In the case of a customer activity where a fire system exists and there is direct connection from the Public Water System to elevated storage tanks or fire pumps taking suction from private reservoirs, the Public Water System shall be protected agains t backflow or back-siphonage from the premises by the installation of a double check valve assembly at the service connection.
5.02.9 In the case of a customer activity where a fire system exists and is directly supplied from public mains and interconnected with auxiliary suppli es (such as: pumps taking suction from reservoirs exposed to contamination or from rivers and ponds, driven wells, mills or other industrial water systems; or systems where anti-freeze or other additi ves are used) the Public Water System shall be protected against backflow or back-siphonage fro m the premises by the installation of a reduced pressure principle backflow prevention device at the service connection.
28 Ordinance No. 232.21
5.02.10 In the case of a customer activity where a fire sy stem exists and this system is supplied from the public water supply and is treated with chemical retardants for the purpose of controlling fires, the Public Water System shall be protected against backflow or back-siphonage from the premises by the installation of a reduced pressure principle backflow prevention device at the service connection.
5.03 When a Double Check Valve Assembly is cited as the required device for that customer activity in this section, a reduced pressure principle backfl ow prevention device may be used if the customer prefer. The requirement for a double check valve is a minimum requirement and the maximum protection can be used.
**Include Accessory Dwelling Units
When an RP is required, an RPDA or RPDA-II may be substituted if appropriate.
6.02 Additional Assembly Requirements for A ll Customers. Installation of an RP, RPDA or RPDA-II assembly is also required wherever the following conditions exist:
6.02-1 In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional potable source.
6.02-2 In case of the premises which any industrial fluid or any other objectionable substance is handled in a manner that could permit the fluid or substance to enter the water system (s). This shall include the handling of processed waters and waters orig inating from the public water system or recycled water system which have been subject to a degradation in quality.
6.02-3 In the case of premises having intern al cross-connection that cannot be permanently corrected.
6.02-4 In the case of premises having intricate piping arrangements or where entry to all portions of the premises is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that no cross-connections exist.
6.02-5 In the case of premises having a repeated history of cross-connections being established, or re-established.
6.02-6 In the case of premises with assemblies required in the CCCPH, including as listed in Appendix D of the CCCPH.
6.02-7 In the case of premises where both recycled water and potable water are present in separate piping systems with no interconnection.
6.03 Customer Premises with Existing Unapproved Assemblies. Customers with existing assemblies in service prior to the adoption of this Chapter that do not meet minimum assembly types as specified in Section 6.01, refer to Section 4.05.
29 Ordinance No. 232.21
VIII-3-76.00 Installation of Assembly DEVICE
76. 01 Only assemblies listed in the City Standard Drawings and Specifications are approved.
Accessibility. AAll assemblies are to be r eadily accessible for in line maintenance, testing and repair. All new and repl aced assemblies require a City Building Department issued permit.
7.02 Location of Assembly. Assemblies on each service line to a customer's water system are to be installed at or near the property line and before the firs t branch line leading off the service line.
7.03 Construction. Assemblies shall be desi gned and installed consistent with City Standard Details & Specifications.
7.034 Permit Required. All new assemblies require a City Building Department issued permit prior to final occupancy. All replaced assem blies require a City Building Department issued permit. Installation of backflow prev enters required by this section shall be as follows:
6.01.1 The backflow protection device shall be installed by the customer on the customer water service side within six inches (6") of property line per City standards.
6.01.2 All backflow preventers shall be readily accessible for testing and repair.
6.01.2(1) Reduced Pressure Principle Backflow Prevention Device. Reduce Pressure Principle Backflow Prevention Devices shall be installed a minimum of twelve inches (12”) above grade and not more than thirty inches (30”) above grade measured from the bottom of the device. There shall al so be a minimum twelve inches (12”) side clearance.
6.01.2(2) Double Check Valve Assembly. Double Check Valve Assembly shall be installed a minimum of twelve inches (12”) above grade and not more than thirty inches (30”) above grade measure from the bottom of the device. Therse shall also be a minimum twelve inches (12”) side clearance.
VIII-3-87.00 Testing and Maintenance
8.01 Completed at Customer Expense. Testing of an assembly is to be completed at the expense of the customer and only by a custom er retained City authorized backflow prevention assembly tester or cross-connection control specialists.
8.02 Submission of Testing Results. Testing r esults are to be submitted to the City in electronic format, via the City’s online platform.
8.03 Testing Results Due. Testing results are due immediately upon It shall be the responsibility of the customer at any premis es where an assembly is installed to have proper certified inspection and operational tes ting. Testing of the assembly shall be performed only by a Backflow Prevention Assembly Tester or Cross-Connection
30 Ordinance No. 232.21
Control Specialist and shall be at initial installation and then no later than one hundred eighty (180) calendar days upon receipt of annual notice from the City. In instances where the City Engineer deems the hazard to be significant, mo re frequent testing intervals and submission results may be require d. Tests shall be at the expense of the customer. Passing test results for a City approved backflow assembly shall be submitted to the City in electronic format, via the City’s online platform. It shall be the responsibility of the City at any premi ses where a backflow prevention device is installed to have proper certified inspecti on and operational testing. Testing of the device shall be at initial installation and once per year henceforth by the City. In those instances where the City Engineer deems the hazard to be great enough. he may require certified inspections and testing at more frequent intervals.
31 Ordinance No. 232.21
8.04 8.05 If a customer does not complete testing as noticed by the City, the City Engineer may have the testing completed at the expense of the customer or have the water to the premises discontinued.The inspections and tests shall be performed by City of Milpitas personnel or by a certified tester approved by the City. The City Engineer shall establish a list of certified testers. These tests shall be at the expense of the customer.
8.04 Maintenance. It shall be the responsibility of the customer at any premise where an assembly is installed to have a certifie d assessment of hazard completed per the requirements of this Chapter, performed by a City approved Cross-Connection Control Specialist. Any defective device shall be immediately repaired, overhauled or replaced by and at the expense of the customer whenever said devices are found by the City to be defective. Then the modified device, or replacement device, shall be retested by the City.
Customers are to provide main tenance to their assembly as need ed, to ensure uninterrupted protection of the Public Water Systempub lic water system and Rrecycled Wwater Ssystem and to achieve annual passing t est results. If assemblies are found by the customer or the City Engineer to be deficient, any defective assembly shall be immediately repaired, overhauled or replaced within thirty (30) calendar days per the requirements of the CCCP by and at the e xpense of the customer. All modified or replaced assemblies shall be promptly re tested by the customer at their own expense.Records of all repairs and overhaul s shall be filed with the City Engineer within sixty (60) days of notification date on the City's Test and Maintenance Report.
8.05 Cross-Connection Control Plan. Backflow prevention assembly tester or cross- connection control specialists Vendors providing cross-connection services to customers shall be familiar with and comply with the detailed CCCP information that supports this Chapter.
8.06 Discontinue Water Service. If a customer does not complete required testing with passing results, the City Engineer may have the testing completed at the expense of the customer or have the water to the premises discontinued.
VIII-3-98.00 Notifications NOTIFICATIONS
98.01 Failing Test Result. Customers, backfl ow prevention assembly testers and/or cross- connection control specialists with an assembly are required to notify the City Engineer within five (5) calendar days if an assembly fails an annual test.
98.02 Backflow or Cross-Connection Incident. Customers with an assembly, backflow prevention assembly testers and/or cross-connection control specialists are required to notify the City Engineer within twenty-four (24) hours of determining a known backflow or cross‑connection incident.
32 Ordinance No. 232.21
VIll-3-8109.00 Appeals
Except as otherwise provided by this Chapter and where a hearing on the matter is not otherwise required to be had by the City Council, any person aggrieved by a decision of any officer or department of City may appeal to the City Council in accordance with provisions of Section 5, Chapter 20, Title I of the Milpitas Municipal Code.
VIIl-3-9110.00 Penalties
The City may discontinue water service to any premises served if a required backflow prevention deviceassembly is removed, or if the City finds evidence that an installed backflow prevention deviceassembly has been by-passedbypassed, or allowed to remain ineffective or inoperative.
Any person or persons, company, corporation or association, who shall violate any of the provisions of this Chapter or fail to comply th erewith, or who shall violate or fail to comply with any order made thereunder, sha11 shall severally for each and every violation and non- compliance respectively, be guilty of an in fraction, punishable in accordance with the provisions of 1-1-4.09-1 of the Milpitas Municipal Code. The imposition of one fine for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
The application of the above fine shall not be held to prevent the enforced removal of prohibited conditions.
SECTION 3. CALIFORNIA ENVIROMENTAL QUALITY ACT (CEQA)
The adoption of this ordinance has no potential for r esulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physi cal change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. C ode 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 th e activity in question may have a significant effect on the environment.
SECTION 4. SEVERABILITY
VIIl-3-10121.00 Severability EFFECTIVE DATE
The provisions of this Ordinance are separable, a nd the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.
VIII-3-3.13 Effective Date and Posting
SECTION 5. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) calendar days from and af ter the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
The requirements and procedures for Backflow Prevention and Cross-Connection
33 Ordinance No. 232.21
Control as established by Ordinance 232.1 shall become effective starting January 20xxxx, 19892026 .
1 Ordinance No. 232.2
REGULAR
NUMBER: 232.2
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING CHAPTER 3 OF TITLE VIII OF THE MILPITAS MUNICIPAL
CODE RELATING TO THE BACKFLOW PREVENTION AND CROSS-
CONNECTION CONTROL PROGRAM
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of _____________, upon motion by ____________, and was adopted (second reading) by the City Council at its meeting of ___________, upon motion by ________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:
AYES: (0)
NOES: (0) None.
ABSENT: (0) None.
ABSTAIN (0) None.
ATTEST: APPROVED:
_______________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
____________________________
Christian Curtis, City Attorney
2 Ordinance No. 232.2
RECITALS AND FINDINGS:
WHEREAS, the City operates a public water system, as defined by California Health and Safety Code Section 116275(h), and, since at least December 20, 1988, has maintained a Backflow Prevention & Cross-Connection Control Program to protect that public water system with regulations codified relating thereto in Title VIII, Chapter 3 of the Milpitas Municipal Code (commencing with Section VIII-3-1.00); and
WHEREAS, California Health and Safety Code Sections 116407, 116555.5 and 13521.2 focus on backflow protection and cross-connection control for public water systems and nonportable recycled water uses and provides the California State Water Resources Control Board (State Water Board) authority to adopt standards for backflow protection and cross-connection control for both systems; and
WHEREAS, California Health and Safety Code Section 116555.5 states that public water systems are to implement cross-connection control programs that comply with applicable regulations and with standards adopted by the State Water Board; and
WHEREAS, prior to Assembly Bill 1671 being approved on October 6, 2017 (AB 1671), California’s regulations pertaining to cross-connection control were set forth in regulations in Title 17, Division 1, Chapter 5, Subchapter 1, Group 4, Article 3 of the California Code of Regulations (CCR), which were adopted in 1987 with minor revisions in 2000; and
WHEREAS, AB 1671 and later Assembly Bill 1180 in October 2, 2019 (AB 1180) comprehensively overhauled California’s regulatory scheme pertaining to cross-connection control and directed, among other things, that the State Water Board adopt standards for backflow protection and cross-connection control by January 1, 2020 and specified that these standards may be implemented through the adoption of a policy handbook; and
WHEREAS, AB 1180, through the adoption of California Health and Safety Code Section 13521.2, required the State Water Board by January 1, 2023 to update the uniform statewide standards for non-potable recycled water uses, including to incorporate by reference the criteria and applicable backflow protection provisions contained within the most recently adopted version of the policy handbook for public water systems; and
WHEREAS, on December 19, 2023, the State Water Board adopted the Cross-Connection Control Policy Handbook (CCCPH), which took effect on July 1, 2024 and replaced the previous backflow protection and cross-connection control regulations in Title 17 of the CCR; and
WHEREAS, on June 17, 2025, the State Water Board adopted a revised version of the CCCPH, which extended some deadlines and changed some language to align with other pre-existing regulations; and
WHEREAS, on April 21, 2026, the State Water Board adopted a revised version of the CCCPH regarding accreditation of certifying organizations and backflow prevention at existing auxiliary water supplies; and
WHEREAS, consistent with California Health and Safety Code Section 116555.5 and the CCCPH, the City wishes to update the regulations contained in Title VIII, Chapter 3 of the Milpitas Municipal Code related to the Backflow Prevention & Cross-Connection Control Program to bring its
3 Ordinance No. 232.2
regulations into greater alignment with the most recent standards promulgated by the State Water Board through the CCCPH, including the recent changes to the CCCPH identified above and particularly the recent changes to standards for non-potable recycled water uses; and
WHEREAS, the City has a vested and legitimate interest, and legal authority, to protect the public health, safety, and welfare by adopting reasonable regulations, including prohibitions, to control cross-connections in its public water and recycled water systems, including to prevent the backflow of dangerous of liquids, gases, or other substances and contaminants into its systems from customer properties; and
WHEREAS, the City has a vested and legitimate interest, and legal authority, to implement corrective actions in the event a water customer fails to comply in a timely manner with State law and the City’s regulations regarding cross connection control and backflow prevention, including the installation, inspection, field testing, or maintenance of backflow prevention assemblies, to protect its public water and recycled water systems, including from the introduction of substances and contaminants that may pose a hazard to the public who rely upon these systems; and
WHEREAS, City staff has identified various sections of the Milpitas Municipal Code Title VIII, Chapter 3, requiring clarifications, updates and modifications and recommended that the City Council take action to address these issues through the adoption of this Ordinance; and
WHEREAS, pursuant to California Government Code Sections 65853 and 65854, the City Council of the City of Milpitas held a properly noticed public hearing on June 9, 2026, to consider these amendments to the Milpitas Municipal Code Title VIII, Chapter 3; and
WHEREAS, the City Council finds that this Ordinance does not render the Milpitas Municipal Code Title VIII, Chapter 3, inconsistent with the requirements of the State Water Board, including as promulgated through the CCCPH.
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include, but is not limited to, such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII (“PUBLIC WORKS”), CHAPTER 3 (“BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL”)
Title VIII, Chapter 3 of the Milpitas Municipal Code is hereby amended to read as follows:
VIII-3-1.00 Purpose
The purpose of this Chapter is to protect the health, safety, and welfare of the public from the backflow of harmful contaminants into the public water system and recycled water system, stemming from actual or potential cross-connections. There are two programs which will
4 Ordinance No. 232.2
control and protect against these harmful backflows:
a) Through proper installation, maintenance and testing of backflow prevention assemblies on services to premises where actual or potential cross-connections exist to prevent backflow or back-siphonage of contaminants or pollutants from the customer's premises into the public water system or recycled water system, and
b) By promoting the elimination of existing or future cross-connections through inspection and regulation of plumbing and water piping between a customer’s premises and the public water system or recycled water system.
VIII-3-2.00 Authority
The City Engineer shall have authority to protect the public water system and the recycled water system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through water service connections by implementation and enforcement of a backflow prevention and cross-connection control program based on accepted standards.
If, in the judgment of the City Engineer, an approved backflow prevention assembly is required at the City’s water service connection to any customer’s premises, for the safety of the water system, the City Engineer shall give notice in writing to the customer to install such an approved assembly at each service connection to the premises. The customer must immediately install such approved assemblies at his or her own expense and to the satisfaction of the City Engineer. Failure, refusal, or inability on the part of the customer to comply with this Chapter will constitute grounds for the City taking action to protect the safety of the public water system or recycled water system, including discontinuing water service to the premises until compliance has been met and all other remedies provided in this Chapter.
The City Engineer has authority to terminate water service immediately without notification in the interest of protecting the public health, safety, or welfare if at any time a real or potential hazard is evidenced, such as failure to timely conform to required assessment of hazard, testing, maintenance, or standard construction design, as provided herein.
VIII-3-3.00 Definitions
For purposes of this Chapter, the terms used herein are defined as follows:
3.01 Approved Water Supplies. A water source that has been approved by the State Water Resources Control Board for domestic use in a public water system and designated as such in a domestic water supply permit; and a separate recycled water source that meets South Bay Water Recycling requirements for recycled use in the recycled water system.
3.02 Approved Assembly. A backflow prevention assembly that conforms to the list of backflow prevention assemblies as determined by the City Engineer in writing pursuant to Section 4.04. An assembly that does not conform to this requirement, or is improperly installed, is an Unapproved Assembly.
5 Ordinance No. 232.2
3.03 Assessment of Hazard. An assessment performed by an authorized cross-connection control specialist to determine the potential of a backflow into the public water system.
The assessment will consider the existence of cross-connections; the type and use of materials handled and present, or likely to be, on the water customer premises; the degree of piping system complexity and accessibility; access to auxiliary water supplies, pumping systems, or pressure systems; distribution system conditions that increase the likelihood of a backflow event; water customer premises accessibility; any previous backflow incidents on the water customer premises; and all other pertinent authorities, requirements, and information, including the requirements and information provided in the Cross-Connection Control Policy Handbook.
3.03-1 Hazard, Degree of. An assessment of hazard must identify the degree of hazard (or no hazard) to the public water system through evaluation of customer premises based on the following classifications:
3.03-2 High Hazard Cross-Connection. A cross-connection that poses a significant threat to the potability or safety of the public water system.
Materials entering the public water system through a high-hazard cross- connection are contaminants or health hazards.
3.03-3 Low Hazard Cross-Connection. A cross-connection that has been found to not pose a significant threat to the potability or safety of the public water system but may adversely affect the aesthetic quality of the public water system. Materials entering the public water supply through a low-hazard cross-connection are pollutants or non-health hazards.
3.03-4 No Hazard Cross-Connection. A cross connection that poses no hazard to potability or safety of the public water system.
3.04 Auxiliary Water Supply. Any water supply available to the premises other than the public water system. These auxiliary supplies may include water from another purveyor's public water system or any natural source such as a well, spring, river, stream, harbor, etc., or “used water” or “industrial fluids” or “recycled water”. These waters may be polluted or contaminated, or they may be objectionable and constitute an unacceptable water source over which the City has no sanitary control.
3.05 Backflow. The undesirable flow of water or other liquids, gases, or solid substances under pressure into the distributing pipes of the public water system or recycled water system from any outside source.
3.06 Backflow Prevention Assembly. A generic term referencing multiple types of mechanical assembly designed and constructed to prevent backflow, such that while in-line it is accessible, can be repaired and its ability to prevent backflow, as designed, can be field-tested, inspected, and evaluated. The assembly must have passed laboratory and field evaluation tests performed by a recognized testing organization that has demonstrated its competency to the State Water Resource Control Board, Division of Drinking Water. A backflow prevention assembly is referred to herein also
6 Ordinance No. 232.2
by the abbreviated term “assembly.”
3.06-1 Double Check Detector Backflow Prevention Assembly (DCDA). An assembly that includes a bypass with a water meter and double check backflow prevention assembly, with the bypass water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. This type of assembly may only be used for protection from back siphonage and backpressure events (low hazard connection).
3.06-2 Double Check Detector Backflow Prevention Assembly – Type II (DCDA II). An assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. This type of assembly may only be used for protection from back siphonage and backpressure events (low hazard cross- connection).
3.06-3 Double Check Valve Backflow Prevention Assembly (DC). An assembly consisting of two independently acting internally loaded check valves, with tightly closing shut-off valves located at each end of the assembly (upstream and downstream of the two check valves) and fitted with test cocks that enable accurate field testing of the assembly. This type of assembly may only be used for protection from back siphonage and backpressure events (low hazard cross-connection).
3.06-4 Pressure Vacuum Breaker Backflow Prevention Assembly (PVB). An assembly with an independently acting internally loaded check valve and an independently acting loaded air inlet valve located on the discharge side of the check valve; with test cocks and tightly closing shutoff valves located at each end of the assembly that enable accurate field testing of the assembly. This type of assembly may only be used for protection from back siphonage (low hazard and high hazard cross-connection) events and is not to be used to protect from backpressure events.
3.06-5 Reduced Pressure Principle Backflow Prevention Assembly (RP). An assembly that includes two independently operating approved check valves with an automatically operating differential relief valve between the two check valves, tightly closing shutoff valves, plus properly located test cocks for the testing of the check and relief valves. The entire assembly shall meet the design and performance specifications and approval of a recognized and City-approved testing agency for backflow prevention.
The device shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the public water system side of the device. At cessation of normal flow, the pressure between the two check valves shall be less than the pressure on the public water system side of the device. In case of leakage of either of the check valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. This type of assembly may
7 Ordinance No. 232.2
be used for protection from back siphonage and backpressure events (low hazard and high hazard cross-connections).
3.06-6 Reduced Pressure Principle Detector Backflow Prevention Assembly (RPDA). An assembly that includes a bypass with a water meter and reduced pressure principle backflow prevention assembly, with the bypass water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. Includes two independently operating approved check valves with an automatically operating differential relief valve between the two check valves, tightly closing shutoff valves, plus properly located test cocks for the testing of the check and relief valves. The device shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the public water system side of the device. At cessation of normal flow, the pressure between the two check valves shall be less than the pressure on the public water system side of the device. In case of leakage from either check valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. This type of assembly may be used for protection from back siphonage and backpressure events (low hazard and high hazard cross-connections).
3.06-7 Reduced Pressure Principle Detector Backflow Prevention Assembly – Type II (RPDA II). An assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. This type of assembly may be used for protection from back siphonage and backpressure events (low hazard and high hazard cross-connections).
3.06-8 Single Check Backflow Prevention Assembly (SC). A basic mechanical device with one spring-loaded check valve that allows water to flow in only one direction. Refer to Section 4.05 for use.
3.06-9 Spill Resistant Pressure Vacuum Breaker Back-siphonage Prevention Assembly (SVB). An assembly with an independently acting internally- loaded check valve and an independently-acting loaded air inlet valve located on the discharge side of the check valve; with shutoff valves at each end and a test cock and bleed/vent port, to enable accurate field testing of the assembly. This type of assembly may only be used for protection from back-siphonage events (low hazard cross-connection) and is not to be used to protect from backpressure events.
3.06-10 Swivel-Ell Backflow Prevention Assembly (Swivel-Ell). An assembly consisting of a reduced pressure principle backflow prevention assembly combined with a changeover piping configuration (swivel-ell connection).
3.07 Back Pressure. When the pressure in a customer's water system is higher than public
8 Ordinance No. 232.2
water system pressure or recycled water system, forcing either non-potable, “used water” back into the public water system or contaminated “used water” back into the recycled water system.
3.08 Backflow Prevention Assembly Tester. A person certified per the requirements of the Cross Connection Control Policy Handbook and when qualified by the City, is authorized to test backflow prevention assemblies within the City.
3.09 Back-Siphonage. The flow of water or other liquids, gases, or solid substances into the distribution pipes of the public water system or recycled water system from any outside source caused by the sudden reduction of pressure in the public water system or recycled water system.
3.10 City Engineer. The City Engineer for the City of Milpitas, or designee.
3.11 City Standard Drawings and Specifications. Latest edition documents prepared by the Public Works Department of the City.
3.12 Contamination. Any impairment of the quality of the potable water or recycled water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual hazard to public health through poisoning or through the spread of disease.
3.13 Cross-Connection. Any physical connection or arrangement of piping or fixtures where backflow or back-siphonage might occur between any part of a water system, used or intended to supply water for drinking purposes, and water or any source or system containing substance that is not or cannot be approved as safe, wholesome, or potable for human consumption. Includes similar connection or arrangement of piping or fixtures where backflow or back-siphonage might occur to the recycled water system.
3.14 Cross-Connection Control Plan (CCCP). A City plan that describes how the City manages and administers the City Cross‑Connection Control Program.
3.15 Cross-Connection Control Policy Handbook (CCCPH). The most recent edition of the California Environmental Protection Agency - State Water Resources Control Board (SWRCB), “Cross-Connection Control Policy Handbook – Standards and Principles for California’s Public Water Systems,” first adopted on December 19, 2023, and made effective on July 1, 2024, as most currently amended or superseded.
3.16 Cross-Connection Control Specialist. A person certified per the requirements of the CCCPH and when qualified by the City, is authorized to assess the hazard level present at customer premises. A specialist certified per the requirements of the CCCPH to test may also be authorized by the City to be a Backflow Prevention Assembly Tester.
3.17 Customer. A customer is all industrial, commercial, multi-family, and single-family premises with a connection to the public water system intended for potable consumption, irrigation use, or for fire protection use or a connection to the recycled water system intended for irrigation use or other non-potable uses. A customer is the owner of any premises served by either the public water system or the recycled water system. A customer may include any person or entity in possession of the premises, or those persons or entities
9 Ordinance No. 232.2
responsible for water service charges. A customer is referred to herein also by the term “Water Customer”.
3.18 Customer's Water System. All privately-owned facilities and parts beyond the service connection of the public water system or recycled water system for distributing water.
3.19 Industrial Fluid System. Any system containing a fluid or solution which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration such as would constitute a health, or system hazard if introduced into the public water system or recycled water system. This may include, but not be limited to:
polluted or contaminated waters; all types of process waters and "used waters" originating from the customer’s water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalis, circulated cooling waters connected to an open cooling water or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells. springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for fire-fighting purposes.
3.20 List of Approved Backflow Prevention Assemblies. The approved backflow prevention assemblies as noted in the City Standard Details and Specifications.
3.21 Pollution. The presence of any foreign substance (organic, inorganic, or biological) in water, which tends to degrade its quality and constitutes a hazard or impairs the usefulness or quality of the water to a degree which does not create an actual hazard to the public health, but which does adversely and unreasonably affect such waters for domestic use and/or recycled use.
3.22 Potable Water. Water that is safe for human consumption.
3.23 Premises. All areas on a customer's property that are served or have the potential to be served by the public water system or recycled water system.
3.24 Public Water System. System of potable water distribution lines under the complete control of the City using approved water supplies up to the service connection of the customer.
3.25 Recycled Water. Water which, because of treatment of waste, is suitable for direct beneficial use or a controlled use, other than potable use, that would not otherwise occur due to appropriate levels of treatment, as defined by California Water Code section 13050(n). Wastewater suitable for uses other than potable use due to appropriate levels of treatment.
3.26 Recycled Water System. System of recycled water distribution lines up to the service connection of the customer.
3.27 Service Connection. The terminal end of the public water system or recycled water system, i.e., where the City loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system(s). If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of
10 Ordinance No. 232.2
the customer's meter. There shall be no unprotected takeoffs from the service line on the City's side of the meter or backflow prevention assembly located at the point of delivery to the customer's system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public water system.
3.28 Used Water. Any water supplied by the City from the public water system or recycled water system to a customer's water system after it has passed through the service connection and is no longer under the sanitary control of the City.
VIII-3-4.00 Policy
4.01 Water Service. No water service connection to any premises shall be installed or maintained by the City unless the public water system or recycled water system is protected from, including but not limited to, back pressure that may result in contamination and pollution, as required by this Chapter, the CCCPH, and other applicable laws and regulations. Refer to Section 6.00. Temporary, intermittent, or emergency users of the public water system or recycled water system, including those outside of the City’s jurisdictional boundary, will be considered as consumers on premises for the purposes of this Chapter and will be subject to the same cross- connection control requirements as water service connections to any premises.
4.02 Cross-Connection Control Plan (CCCP). The City Engineer shall submit and periodically update the CCCP to the most recent CCCPH requirements. The CCCP shall be accessible for public review on the City’s webpage.
4.03 Open for Inspection. City Engineer has the authority to conduct inspections, including sampling, related to the purpose of implementing this Chapter on private or public property. The customer's water system(s) shall be open for inspection at all times to authorized representatives of the City Engineer to determine whether cross- connections, hazards , or violations of this Chapter or applicable laws and regulations exist. When an imminent hazard to public health or safety becomes known, the City Engineer may deny or immediately discontinue water service to the premises until the customer has opened the premises and assemblies to inspect and correct the condition to the satisfaction of the City Engineer.
4.04 New Assembly Installation. Only assemblies in the list of assemblies in City Standard Details & Specifications are allowed, unless approved in writing by the City Engineer.
4.05 Existing Premises – With an Unapproved Assembly Type. Existing premises that have been installed with an assembly not meeting minimum backflow types as specified in Section 6.01 may continue to use that assembly if the City Engineer determines in writing:
4.05.1 The assembly will satisfactorily protect the public water system, including based on CCCPH requirements and the requirements of this Chapter; and
4.05.2 The premises upon which the assembly is installed is not of a type requiring an RP or other assembly prescribed by the CCCPH, including as listed in Appendix D of the CCCPH; and
11 Ordinance No. 232.2
4.05.3 An assessment of hazard has been completed per Section 5.00; and
4.05.4 The assembly is accessible for in line maintenance; and
4.05.5 The assembly has been successfully tested and maintained as described in Section 8.00.
This Section does not apply to assemblies for existing fire services. For existing fire services, refer to Section 4.07.
Whenever an existing assembly is moved from its present location or requires major repair, the assembly shall be replaced by an assembly as specified in Section 6.00.
If the assessment of hazard results in, or the City Engineer determines that the replacement of an assembly is required, the customer is provided up to one hundred eighty (180) calendar days to install an assembly as specified in Section 6.00 and Section 7.00.
4.06 Existing Premises—Without an Assembly. If it is determined that backflow protection is needed per the requirements described in Section 6.00, the customer shall complete an assessment of hazard per Section 5.00 and install an assembly as specified in Section
6.00 and Section 7.00 within thirty (30) calendar days of being provided with written notice by the City Engineer.
4.07 Existing Fire Services. Existing fire services with non-testable, below grade, single check assemblies shall be replaced with an above grade RPDA no later than June 1, 2034, or as may be specified in an amended CCCPH, whichever is later.
4.08 Single-Family Residential Fire Protection Systems. New single-family residential premises require an assembly as specified in Section 6.00 prior to occupancy. Existing premises require the installation of an assembly by June 1, 2034, or as may be specified in an amended CCCPH, whichever is later. Both new and existing premises are exempted from the requirements in Section 6.00 to install an assembly if all the following criteria are met:
4.08-1. The customer premises have only one service connection to the public water system; and
4.08-2. A single service line onto the customer premises exists that subsequently splits on the property for domestic flow and fire protection system flow, such that the fire protection system may be isolated from the rest of the customer premises; and
4.08-3 A single, water industry standard, water meter is provided to measure combined domestic flow and fire protection system flow; and
4.08-4 The fire protection system is constructed of piping materials certified as meeting National Sanitation Foundation / American National Standards Institute Standard 61; and
12 Ordinance No. 232.2
4.08-5 The fire protection system’s piping is looped within the structure and is connected to one or more routinely used fixtures (such as a water closet) to prevent stagnant water.
4.09 Recycled Water Customers. New recycled water service customers are required to have an assembly type as specified in Section 6.00 for the recycled water system and an RP to protect the public water system. Existing recycled water customers are required to have an RP assembly to protect the public water service. Existing recycled water customers without an assembly on the recycled water system are required to install an assembly no later than June 1, 2034.
4.10 Discontinue Water Service. Service of water to any premises may be discontinued by the City Engineer if an assembly commensurate to the hazard level identified in the assessment of hazard and as required by this Chapter is not installed, tested and maintained, or if it is found that an assembly has been removed, by-passed, or if any unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected to the satisfaction of the City Engineer.
VIII-3-5.00 Assessment of Hazard
5.01 Completed at Customer Expense. Assessment of hazards are to be completed at the expense of the customer and only by a customer retained, City authorized cross- connection control specialist.
5.02 Submission of Assessment. Assessment findings are to be submitted to the City in electronic format, via the City’s online platform.
5.03 New Premises or Connections. New premises must have an assessment of hazard performed and have installed an assembly per the requirements described in Section
6.00. Assessment of hazard is to be completed prior to installation of an assembly if customer’s premises are newly connected to the public water system.
5.04 Existing Premises – With Any Assembly Type. Upon adoption of this Chapter, existing premises must have an assessment of hazard performed by June 30, 2027. Premises are required to have an assessment immediately if evidence exists of potential changes in the activities or materials on a customer’s premises; if a backflow from a customer’s premises occurs; if the State Water Resource Control Board requests an assessment; if the City Engineer concludes an existing assessment may no longer be correct. Refer to Section 6.00. For customer ownership changes at existing premises, an assessment of hazard is to be completed (excludes single-family homes).
5.05 Recycled Water Customers. An assessment of hazard is not required.
5.06 Discontinue Water Service. If a customer does not complete an assessment of hazard as noted in Section 6.01 based on their customer type, the City Engineer may discontinue water service to the premises or have the assessment completed at the expense of the customer.
VIIl-3-6.00 Determination of Backflow Prevention Assembly and Assessment of
13 Ordinance No. 232.2
Hazard Requirements
6.01 Assembly and Assessment of Hazard Requirements for Customer with New Premise or Service Connection, Without an Assembly, or Deficient Assembly. Assembly requirement types for new customers with new premise or service connection, without an assembly, or a deficient assembly and the corresponding requirement to assess hazard effective upon adoption of this Chapter is as follows:
Customer Type
Minimum Backflow
Assembly Type*
Assessment of Hazard
Required
Industrial and Commercial
Potable Irrigation Services RP Yes, refer to Section 5.00 Industrial and Commercial
Potable Systems RP Yes, refer to Section 5.00
Industrial and Commercial Fire
Protection Systems
RPDA, refer to Section
4.07 Yes, refer to Section 5.00
Hillside Residences where
Customer system is Higher than
Public Water System.
RP Yes, refer to Section 5.00
Multi-Family Residential
Properties with Two or more
Units** (includes fire, irrigation
and potable systems)
RP Yes, refer to Section 5.00
Low Hazard Fire Services RP Yes, refer to Section 5.00
Single-Family Homes with Fire
Protection Systems RP, refer to Section 4.08
Yes, refer to Section 5.00.
Not required with
ownership change.
Single-Family Residence None Required None Required
Construction Meters RP Not Applicable
Recycled Water Services RP, refer to Section 4.09 None Required
*When an RP is required, an RPDA or RPDA-II may be substituted if appropriate. **Include Accessory Dwelling Units
6.02 Additional Assembly Requirements for All Customers. Installation of an RP, RPDA or RPDA-II assembly is required wherever the following conditions exist:
6.02-1 In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional potable source.
6.02-2 In case of the premises which any industrial fluid or any other objectionable substance is handled in a manner that could permit the fluid or substance to enter the water system(s). This shall include the handling of processed waters and waters originating from the public water system or recycled water system which have been subject to a degradation in quality.
14 Ordinance No. 232.2
6.02-3 In the case of premises having internal cross-connection that cannot be permanently corrected.
6.02-4 In the case of premises having intricate piping arrangements or where entry to all portions of the premises is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that no cross-connections exist.
6.02-5 In the case of premises having a repeated history of cross-connections being established, or re-established.
6.02-6 In the case of premises with assemblies required in the CCCPH, including as listed in Appendix D of the CCCPH.
6.02-7 In the case of premises where both recycled water and potable water are present in separate piping systems with no interconnection.
6.03 Customer Premises with Existing Unapproved Assemblies. Customers with existing assemblies in service prior to the adoption of this Chapter that do not meet minimum assembly types as specified in Section 6.01, refer to Section 4.05.
VIII-3-7.00 Installation of Assembly
7.01 Accessibility. All assemblies are to be readily accessible for in line maintenance, testing and repair.
7.02 Location of Assembly. Assemblies on each service line to a customer's water system are to be installed at or near the property line and before the first branch line leading off the service line.
7.03 Construction. Assemblies shall be designed and installed consistent with City Standard Details & Specifications.
7.04 Permit Required. All new assemblies require a City Building Department issued permit prior to final occupancy. All replaced assemblies require a City Building Department issued permit.
VIII-3-8.00 Testing and Maintenance
8.01 Completed at Customer Expense. Testing of an assembly is to be completed at the expense of the customer and only by a customer retained City authorized backflow prevention assembly tester or cross-connection control specialists.
8.02 Submission of Testing Results. Testing results are to be submitted to the City in electronic format, via the City’s online platform.
8.03 Testing Results Due. Testing results are due immediately upon initial installation and then no later than one hundred eighty (180) calendar days upon receipt of annual notice from the City. In instances where the City Engineer deems the hazard to be significant,
15 Ordinance No. 232.2
more frequent testing intervals and submission results may be required.
8.04 Maintenance. Customers are to provide maintenance to their assembly as needed, to ensure uninterrupted protection of the public water system and recycled water system and to achieve annual passing test results. If assemblies are found by the customer or the City Engineer to be deficient, any defective assembly shall be immediately repaired, overhauled or replaced within thirty (30) calendar days per the requirements of the CCCP by and at the expense of the customer. All modified or replaced assemblies shall be promptly retested by the customer at their own expense.
8.05 Cross-Connection Control Plan. Backflow prevention assembly tester or cross- connection control specialists providing cross-connection services to customers shall be familiar with and comply with the detailed CCCP information that supports this Chapter.
8.06 Discontinue Water Service. If a customer does not complete required testing with passing results, the City Engineer may have the testing completed at the expense of the customer or have the water to the premises discontinued.
VIII-3-9.00 Notifications
9.01 Failing Test Result. Customers, backflow prevention assembly testers and/or cross- connection control specialists are required to notify the City Engineer within five (5) calendar days if an assembly fails an annual test.
9.02 Backflow or Cross-Connection Incident. Customers with an assembly, backflow prevention assembly testers and/or cross-connection control specialists are required to notify the City Engineer within twenty-four (24) hours of determining a known backflow or cross‑connection incident.
VIll-3-10.00 Appeals
Except as otherwise provided by this Chapter and where a hearing on the matter is not otherwise required to be had by the City Council, any person aggrieved by a decision of any officer or department of City may appeal to the City Council in accordance with provisions of Section 5, Chapter 20, Title I of the Milpitas Municipal Code.
VIIl-3-11.00 Penalties
The City may discontinue water service to any premises served if a required assembly is removed, or if the City finds evidence that an installed assembly has been bypassed, or allowed to remain ineffective or inoperative.
Any person or persons, company, corporation or association, who shall violate any of the provisions of this Chapter or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, shall severally for each and every violation and non- compliance respectively, be guilty of an infraction, punishable in accordance with the provisions of 1-1-4.09-1 of the Milpitas Municipal Code. The imposition of one fine for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not
16 Ordinance No. 232.2
otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
The application of the above fine shall not be held to prevent the enforced removal of prohibited conditions.
SECTION 3. CALIFORNIA ENVIROMENTAL QUALITY ACT (CEQA)
The adoption of this ordinance 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.
SECTION 4. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.
SECTION 5. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) calendar days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Introduce and Waive First Reading Beyond Title of an Ordinance Repealing and Replacing Title I, Chapter 310 of the Milpitas Municipal Code Regarding Open Governance (Staff Contact: Christian Curtis, City Attorney, 408-586-3040) Category: Leadership and Support Services
Meeting Date: 6/9/2026
Recommendation: Introduce and waive first reading beyond the title of an ordinance repealing and replacing Title I, Chapter 310 of the Milpitas Municipal Code regarding open governance.
BACKGROUND:
In April 2004, the Milpitas City Council adopted an “Open Government Ordinance” governing the conduct of public meetings and access to public records. These rules were subsequently amended in 2006, 2007, 2009 and 2021, and the current version resides in Title I, Chapter 310, Sections 1 and 2 of the Milpitas Municipal Code. These rules largely repeated requirements as they existed in the Brown Act and Public Records Act at that time, but they also created certain additional requirements specific to the City of Milpitas. The current language and structure, however, have not kept up with changes in state law, interpretive guidance from the California Attorney General, published caselaw from the California Supreme Court and various California Courts of Appeals, technological advancements, changes in the structure of the Milpitas City Government, and various other legal and practical changes over the last two decades. As a result, the ordinance is presently a source of significant confusion and ambiguity. Additionally, some of the substantive requirements appear to be out of alignment with the City’s current structure, practices, and policies. Most notably, the ordinance contemplates the existence of a “Rules Committee,” that has not met since early 2020.
ANALYSIS:
The City Attorney is proposing a structural change to the Open Government Ordinance as well as some substantive modifications to better reflect both the City’s current practices and the intent of the current City Council. Because the current ordinance duplicates large portions of the Brown Act and Public Records Act, it has contributed to a substantial amount of confusion and inefficiency in the City. In particular, the Open Government Ordinance has not kept up with various amendments to those statutes over the last twenty (20) years, many of which were adopted to adapt to changes in technology.
The proposed ordinance before the Council would address these issues by removing all language that is duplicative of the Brown Act or the Public Records Act. Instead, the ordinance will state that the City follows those statutes and concisely provide for those additional requirements that are unique to Milpitas. This will address the conflicts and ambiguities that have been created over time, and it will minimize the need for the Council to amend the ordinance each time the Brown Act or Public Records Act is amended.
To accomplish this new structure, the City Attorney has attempted to concisely restate those requirements of the Open Government Ordinance that appear to match the current City Council’s practices, goals, and policy preferences. The proposed ordinance before the Council is written to allow for adoption in its current form, but the Council can also direct the City Attorney to make any changes that are desired. Additionally, the new structure is intended to minimize the work necessary for the addition or removal or any requirements in the future.
Notable Substantive Changes
While the largest differences with the new ordinance are structural, this proposed ordinance does have some substantive changes as well. These changes address requirements that no longer match the City’s structure, provisions that are duplicative of other City processes, ordinance language that conflicts with state law, adjustments that the City Attorney believes will better match this Council’s preferred meeting style, and recommended best practices.
Below is a summary of some of the more notable substantive changes the proposed ordinance would make.
Please note, however, that this list is not exhaustive. In particular, the current Open Government Ordinance contains a substantial number of unresolved ambiguities that make it difficult to say with certainty what is and is not presently required. Moreover, the structure of the ordinance means that some of its requirements may be difficult to discern and thus may not have yet been identified.
Sections of the ordinance which were removed because they duplicated or contained only trivial deviations from state law are not included on this list.
Deletion of City Council Rules Subcommittee
The Open Government Ordinance assigns a range of responsibilities to a “Rules Subcommittee,” including advising the Council on how to implement the ordinance and “assertively” lobbying other public agencies to enact their own open government rules.1 More importantly, the Rules Subcommittee is responsible for hearing appeals of denials of public records requests.2 This subcommittee, however, does not currently have any members and has not met since early 2020. The proposed ordinance removes reference to the Rules Subcommittee and allows the City Manager or their designee to hear appeals of records requests, which will help facilitate faster resolution of those claims.
Removal of Time Limit for Councilmember Announcements
The current version of the ordinance limits councilmembers’ time to speak to no more than what members of the public are allowed during public comment.3 This limitation may prove impractical or infeasible in various situations. The proposed ordinance would remove this limitation.
Allowance for Ceremonial Events
Both the Brown Act and the Open Government Ordinance specify that purely ceremonial events are not considered “meetings” requiring formal notice, agendas, etc., so long as a majority of the City Council members do not discuss City business among themselves. The Ordinance, however, treats ceremonial events as formal meetings of the Council anytime an event is organized or sponsored by or for the Council.4 As a result, Council-sponsored ceremonial events, such as flag raising, Black April and others, are required to be noticed as formal meetings of the Council. Additionally, this provision may prevent a majority of the members from attending certain non-public ceremonial events, such as employee awards.
The proposed ordinance would remove this Milpitas-specific language and clarifies that the City follows the rules for ceremonial events contained in the Brown Act.
Allowance for Ad Hoc Committees
Under both the Brown Act and the Open Government Ordinance, a councilmember is allowed to speak to no more than one other member of the City Council on a discrete topic in the Council’s jurisdiction.5
1 MMC § I-310-4.10 et seq.
2 MMC § I-310-3.20(e).
3 MMC § I-310-2.40(f).
4 MMC § I-310-2.10(b)(4)(C).
5 See Gov. Code § 54952.2.
Having done so, those members are forbidden from speaking to any of the other members outside of a noticed, public meeting.6 To help avoid accidental violations, the Brown Act further allows the City Council to designate two members as an ‘ad hoc’ committee, who can work together on a discrete topic and report back to the full Council.7 This helps coordinate the Council by letting the legislative body decide which two members will work on a discrete item without creating an unlawful serial meeting.
Currently, the Open Government Ordinance does not allow for the creation of ad hoc committees in this way. Instead, the ordinance’s definitions require that all ad hoc committees are treated the same as standing committees and communicate only during open, noticed meetings. The proposed ordinance would remove this limitation and allow the Council to utilize ad hoc committees pursuant to the Brown Act.
Removal of Meal Gathering Requirement
The proposed ordinance would remove the current requirement that meals eaten by the Council before, during, or after a City Council meeting be observable by the public.8 Current practice is to provide city councilmembers meals during closed session in order to allow for a quicker and more efficient meeting.
The language in the current ordinance, however, would not allow the Council to eat together in the closed session chambers after consideration of all closed session items is concluded. Instead, members are required to separate into groups of no more than two (2) to finish their meals before returning to open session.
The proposed ordinance would remove this requirement and allow councilmembers to finish eating together before returning to open session. Nothing in the proposed ordinance would allow the Council to discuss any items on the open session agenda or otherwise in the Council’s jurisdiction before resuming the meeting in open session.
Removal of Purported Attorney-Client Privilege Waiver
The proposed ordinance would remove the purported waiver of attorney-client privilege currently found at Milpitas Municipal Code Section I-310-3.70(b)(3). This section requires the City to disclose any records of “[a]dvice on compliance with, analysis of, an opinion concerning liability under, or any communication otherwise concerning the California Public Records Act, the Ralph M. Brown Act, the Political Reform Act, any Milpitas governmental ethics code, or this Chapter.” A functionally identical ordinance was invalidated in San Francisco because of inconsistency with City Charter.9 Its validity in a general law city like Milpitas remains unsettled.
Removal of this provision is recommended for a few reasons. As noted above, there is some uncertainty about whether provisions like this are consistent with state law. More importantly, advance waivers of privilege create a few significant policy concerns in a governmental setting. First, it creates an ethically difficult situation for the attorney, who is required to assure that the agency has provided “informed consent” to waive the privilege.10 Since the waiver is prospective and ongoing, however, ensuring that the elected City Council continuously understands the full ramifications of the waiver presents unique difficulties, especially as it applies to reports or analyses that have not yet been written. Second, the prospective waiver of attorney-client privilege impairs the ability of the City Attorney to properly advise on transparency laws.
This second factor is especially important. “[C]ourts recognize that public entities need confidential legal advice to the same extent as do private clients . . .”11 Confidentiality helps encourage city officials to
6 Gov. Code § 54952.2(a).
7 Gov. Code § 54952(b).
8 MMC § I-310-2.10(4)(C).
9 St. Croix v. Superior Ct., 228 Cal. App. 4th 434 (2014). 10 Rules of Professional Conduct, Rule 1.6; Bus. and Prof. Code § 6068(e)(1). 11 Roberts v. City of Palmdale, 5 Cal. 4th 363, 374 (1993).
seek legal advice early and discourages withholding of relevant details. It also allows the City Attorney to provide a blunt assessment of liability risks without a need to ‘pull punches’ to protect the City in potential litigation. Although the City Council always retains the ability to waive privilege on a document after it has been written, waiving privilege in advance significantly reduces the likelihood that useful memo will be created in the first place, which in turn impairs the City’s ability to effectively comply with its legal obligations.
Removal of Certain Administrative Tasks
The proposed ordinance deletes two sections that require the City Attorney to (1) monitor the transition of public officials to ensure that records are not removed12 and (2) review all completed Form 700s by designated officials and staff. 13 It is recommended that the specific assignment of these tasks be done by resolution or direction rather by ordinance. This gives the City Council greater flexibility to reprioritize resources or reassign tasks as organizational needs evolve.
Removal of Closed Session Recording Requirement
The proposed ordinance would remove the requirement that the City Council record its closed session conversations.14 The City Attorney’s Office does not consider the current ordinance to be best practice, as a requirement for recording may create unnecessary security vulnerabilities and impair the Council’s ability to proceed with an item when technological difficulties arise. Removal of this section would provide the Council discretion to determine whether to record closed sessions, utilize a closed session minute book under Government Code section 94957.2, or generate such other records as may be appropriate for individual items. The Brown Act generally contemplates and allows for this more nuanced approach to closed sessions.
Removal of Local Enforcement Provisions / Conflict with State Law
The proposed ordinance would remove certain provisions that purport to set forth legal remedies for violation of the ordinance. The method of enforcement of local ordinances is already set forth by state law, and much of the language contained in this section is of dubious validity. Removal of this language makes clear that state law controls the legal mechanisms for enforcement of the ordinance.
Removal of Record Retention Requirements
The proposed ordinance removes certain records retention rules in order to avoid conflict with the City’s records retention schedule. Best practice is to minimize the extent to which the same requirement is located in several different places, in order to avoid the risk that the rules diverge in the future and staff unwittingly commit an error by following only one rule. Existing retention requirements have been deleted or reworded to reference the City’s record retention schedule.
Restoration of Specified Public Records Act Exemptions
The current language in the Open Government ordinance requires the disclosure of certain records notwithstanding the fact that they may be exempt under the Public Records Act.15 Unfortunately, the structure of this section contains a number of ambiguities, including a lack of clarity as to how the ordinance is to be applied when a record may be exempt from disclosure pursuant to multiple different provisions. Because of the problems that this language creates, and because the intent is too unclear to readily fix, it has been removed. If Council wishes to require disclosure of exempt public records, it is possible to craft language doing so, but the City Attorney will first need specific guidance as to the Council’s intended policy to properly craft such a requirement.
12 MMC § I-310-3.140
13 MMC § I-310-3.210(a).
14 MMC § I-310-3.270(a).
15 MMC § I-310-3.170; I-310-3.110.
Removal of Public Records Fees Provisions
The proposed ordinance would remove the current provisions setting fees for public records fees,16 with the expectation that they will instead be addressed through the City’s regular fee hearing process pursuant to Government Code Section 66000 et seq. This will increase transparency as to the methodology for calculating the fees, ensure that the fees are regularly revisited to avoid overcharging and address new structure that might be needed as technology changes. This also helps ensure consistency by making sure that all fee requirements are addressed through the same process.
Removal of Minimum Timelines for Records Responses
The proposed ordinance would also remove a requirement that City staff respond to certain public records requests within one (1) business day.17 This requirement appears to be internally inconsistent, as a separate provision of the same ordinance allows ten (10) days to respond.18 Additionally, this one business day requirement is not proving to be feasible given the increasing volume of records to be searched given the proliferation of electronic media. Removing this requirement would establish that the City follows the rules in the Public Records Act that records be provided “promptly” and that responses be made with ten (10) days, barring certain exceptions.19
POLICY ALTERNATIVE(S):
Alternative 1: Provide direction to the City Attorney about changes to the proposed ordinance, including addition, deletion, or modification of any local requirements.
Pros: Providing direction to the City Attorney would allow the ordinance to be adjusted to meet any additional policy goals that the City Council may have.
Cons: Modifying the ordinance would delay adoption.
Reason for Not Recommending: This only reason that this option was not recommended was to allow it to be agendized in a manner that would allow it to go forward should the Council have no changes. If the Council would like to see any modification to the proposed ordinance, this option is appropriate.
Alternative 2: Leave the current ordinance in place and make no changes.
Pros: This approach would preserve any desired policy directives furthered by the current ordinance.
Cons: The current ordinance has not kept up with changes to the Brown Act and Public Records Act, leaving significant ambiguities regarding what is allowed. Interpretation and update of the current ordinance is inefficient, requiring an unusually large amount of staff time and an elevated likelihood of errors. The current ordinance does not appear to match the City’s current organizational structure and practices, and it has not been crafted to reflect the policy goals of this Council.
Reason for Not Recommending: The current ordinance is sufficiently out of date that a major update is necessary to address current statutory requirements, clarify the role of new technology, and align with the City’s current structure and the current City Council’s policy goals. Leaving the current ordinance in place would also leave a significant risk of conflicting requirements, confusion by staff and the public, and inadvertent errors by staff.
FISCAL IMPACT:
There is no specific fiscal impact to adoption of this ordinance, however adoption is expected to simplify administrative processes and alleviate challenges to City staff.
16 MMC § I-310-3.120.
17 MMC § I-310-3.80.
18 Compare MMC § 310-3.20.
19 Gov. Code §§ 7922.530; 7922.535.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is an organizational or administrative activity of the City government that will not result in direct or indirect physical changes in the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, §15378. 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) Draft Ordinance
Ordinance No. ___
REGULAR
NUMBER: ___.__
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS
REPEALING AND REPLACING MILPITAS MUNICIPAL CODE TITLE I, CHAPTER 310 RELATING TO THE OPEN GOVERNMENT ORDINANCE
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
________________________________
Christian Curtis, City Attorney
Ordinance No. ___
RECITALS AND FINDINGS:
WHEREAS, in 2005 the Milpitas City Council adopted Title I, Chapter 310 of the Milpitas Municipal Code, commonly known as the Milpitas Open Governance Ordinance; and
WHEREAS, the Milpitas Open Governance Ordinance sets forth local rules for such topics as the conduct of public meetings and the provision of public records, and was modeled upon and contained provisions of the Ralph M. Brown Act and the California Public Records Act, as they existed at that time; and
WHEREAS, the Open Governance Ordinance has been amended several times since its enactment but has not kept pace with the numerous changes Ralph M. Brown Act and the California Public Records Act, interpretive guidance from the California Attorney General, published caselaw from the California Supreme Court and various California Courts of Appeals, technological advancements, changes in the structure of the Milpitas City Government, and a bevy of other legal and practical changes over the last two decades; and
WHEREAS, the outdated structure of the Open Governance Ordinance has contributed to confusion and a lack of awareness of the ordinance’s requirements by members of the public, city staff, and the officials that the ordinance is intended to govern; and
WHEREAS, the Milpitas City Council believes that the Open Governance Ordinance’s goals of transparency, public participation, and government accountability are better served by a simplified and revised ordinance that clearly articulates local requirements that go beyond existing state law; and
WHEREAS, the City Council, consistent with California Government Code sections 7920.000- 7931.000 and 54950-54963, wishes to replace Title I, Chapter 310 of the Milpitas Municipal code to update the Open Government Ordinance to provide greater clarity of the intent and purpose of the Ordinance in the interest of the City Council and residents of the City of Milpitas.
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. REPEAL OF EXISTING ORDINANCE
Title I, Chapter 310 of the Milpitas Municipal Code, as it currently exists, is hereby repealed in its entirety.
SECTION 3. ENACTMENT OF MILPITAS MUNICIPAL CODE TITLE I, CHAPTER 310
A new Title I, Chapter 310 of the Milpitas Municipal Code is hereby enacted to read as follows:
Chapter 310 OPEN GOVERNMENT ORDINANCE
Section 1 Title
Created: 2026-02-24 10:13:14 [EST]
(Supp. No. 59)
I-310-1.10 Citation
This Chapter may be cited as the Milpitas Open Government Ordinance.
Section 2 Public Access to Meetings
I-310-2.10 Meetings to be Open and Public; Application of Brown Act The City of Milpitas is governed by the provisions of the Ralph M. Brown Act (Government Code Sections 54950 et. seq.), and the City Council, along with all of the City’s boards, commissions, standing committees, or other bodies shall comply with all requirements contained therein.
Additionally, the City Council and any other “legislative body” of the City (as that term is defined in Government Code section 54952), shall comply with all additional requirements set forth is this Chapter.
I-310-2.20 Agenda Requirements; Regular Meetings
(a) At least six (6) calendar days before a regular City Council meeting, a preliminary agenda shall be posted in the same manner as the final agenda, except that the purpose of the preliminary agenda is to provide only a list of items tentatively scheduled for consideration at the next regular meeting. Preliminary agendas are "pre-agendas" subject to change that are posted the Wednesday the week preceding the regular City Council meeting and are not the agenda posted in compliance with the Brown Act at least 72 hours before a regular meeting. A preliminary agenda may be amended to include additional items, delete items or may be amended in any other manner prior to the final posting of the agenda at least 72 hours before a regular meeting. (b) Each legislative body shall ensure that notices and agendas for regular and special meetings shall include the following notice:
KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the public.
Commissions, boards, councils and other agencies of the City exist to conduct the people's business. The Open Government Ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE CITY ATTORNEY'S OFFICE (c) Each agenda of a legislative body shall include the contact name, address, phone number, and e-mail address for the City Attorney's Office. Information on how to obtain a free copy of the Open Government Ordinance shall be included on each agenda.
I-310-2.30 Additional Public Statements and Comments
Members of the public may submit written statements and/or comments regarding any item on a legislative body’s meeting agenda to the City Clerk, who shall transmit those writings to the body.
Those statements or comments, while not read aloud at the public meeting, shall become public record, regardless of whether their authors are present when the item at issue is discussed.
Written statements and/or comments shall be subject to review and consideration by those bodies if submitted before or during the hearing on the item.
Ordinance No. ___
I-310-2.40 Public Participation
Whenever the City Council, a board or commission, or any committee thereof anticipates that the number of persons attending the meeting will exceed the legal capacity of the meeting room, any public address system used to amplify sound in the meeting room shall be extended by supplementary speakers to permit the overflow audience to listen to the proceedings in an adjacent room or passageway, unless such supplementary speakers would disrupt the operation of a City office.
Each legislative body shall provide that each person wishing to speak on an item before the body at a regular or special meeting shall be permitted to be heard once for a maximum of three minutes. However, the Chair of the meeting has discretion to reduce the speaking time as required for orderly and efficient administration of the meeting. The Chair of the policy body shall accept public testimony in a fair and even-handed way, and time limits shall be applied as uniformly as practicable.
I-310-2.50 Minutes
(a) The clerk or secretary of policy bodies shall record the minutes for each regular and special meeting of those bodies.
(b) To the extent feasible, the draft minutes of each meeting are to be made available and approved at the next regularly scheduled meeting of the policy body and be available for inspection and copying upon request after the minutes have been approved.
I-310-2.60 Public Comment by Members of Policy Bodies
Every member of a legislative body retains the full constitutional rights of a citizen to comment publicly on the wisdom or propriety of government actions, including those of the policy body of which he or she is a member. Policy bodies shall not sanction, reprove or deprive members of their rights as elected or appointed officials for expressing their judgments or opinions, including those which deal with the perceived inconsistency of non-public discussions, communications or actions with the requirements of state or federal law or of this chapter. The release of specific factual information made confidential by state or federal law including, but not limited to, closed session discussions or the privilege for confidential attorney-client communications, may be the basis for a request for injunctive or declaratory relief, seeking an accusation of misconduct, or both.
I-310-2.70 Role of City Attorney on Items Before Council The Milpitas Municipal Code and state law do not explicitly bar the City Attorney from offering unsolicited legal advice either verbally or in writing on matters before the Council. This chapter should be interpreted as such that the City Attorney, in addition to regular duties, should be outspoken in giving advice on the validity of legal compliance on all matters.
I-310-2.80 Conflict Disclosures Required at City Council Meetings 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. In addition, pursuant to Government Code section 87105, if the Mayor or a Councilmember discloses that a financial interest is present, immediately prior to consideration of that matter, he or she shall publicly identify the conflict or potential conflict in detail sufficient to be understood by the public, and shall then recuse him or herself in the manner required by law.
Ordinance No. ___
I-310-2.90 Compliance Does Not Affect Validity of Action The provisions of this Chapter are intended to be directory. Failure to follow the requirements of this ordinance shall not invalidate any action taken by the City Council or other legislative body, unless the facts constituting such failure would independently invalidate that action under the Brown Act or other applicable law.
Section 3 Public Information and Public Records
I-310-3.10 Definitions
Whenever in this chapter the following words or phrases are used, they shall mean:
(a) "Public Information" shall mean the content of "public records" as defined in the California Public Records Act, whether provided in documentary form or in oral communication. "Public Information" shall not include "computer software" developed by the City of Milpitas as defined in the California Public Records Act or information that is exemption from disclosure under the Public Records Act. (b) "Lobbyist" means a person or business entity that receives $250 or more in a calendar year for communicating, using any means, with City officials or employees to influence current or future City legislation, administrative decisions, or City Council elections or local initiative measures. Officials or employees of other government agencies shall not be deemed lobbyists for purposes of this ordinance when communicating with City officials or employees on behalf of such other government agency.
I-310-3.20 Access to Public Records
Release of documentary public information, whether for inspection of the original or by providing a copy, shall be governed by the California Public Records Act. The City of Milpitas shall also comply with those additional requirements set forth in this chapter.
I-310-3.30 Administrative Appeals
(a) Any person requesting public records who believes that their request was improperly denied, was responded to in an incomplete manner, or that some or all records were improperly withheld may within thirty (30) days of the City’s final response to the request file a written petition with the City Clerk seeking a determination whether the records requested are public. The petition must specify the basis for the petition, including by clearly stating how the City’s response was incomplete, and identify the corrective action requested. Said petition shall be heard by the City Manager or their designee, in consultation with the City Attorney. The City Manager or their designee shall then inform the petitioner, as soon as possible and within ten (10) days, of their determination. If the determination is that the City’s response to the request was in any way deficient, the City Manager shall take appropriate action to ensure that a corrected response be provided at the earliest opportunity. Where requested by the petition, and where otherwise desirable, this determination shall be in writing.
(b) The administrative remedy provided under this chapter shall in no way limit the availability of other administrative remedies provided to any person with respect to any officer or employee of any agency, executive office, department or board; nor shall the administrative remedy provided by this section in any way limit the availability of judicial remedies otherwise available to any person requesting a public record.
Ordinance No. ___
I-310-3.50 Oral Release of Public Information
Oral release of public information shall be accomplished as follows:
(a) Every department head shall designate a person or persons knowledgeable about the affairs of the department, to provide information, including oral information, to the public about the department's operations, plans, policies and positions. The department head may designate himself or herself for this assignment, but in any event shall arrange that an alternate be available for this function during the absence of the person assigned primary responsibility.
(b) The role of the person or persons so designated shall be to provide information on as timely and responsive a basis as possible to those members of the public who are not requesting information from a specific person. This section shall not be interpreted to curtail existing informal contacts between employees and members of the public when these contacts are occasional, acceptable to the employee and the department, not disruptive of his or her operational duties and confined to accurate information not confidential.
(c) If it would take an employee more than fifteen minutes to obtain the information responsive to an inquiry or inquiries from a member of the public, the employee may instead notify the requestor of the procedures for obtaining public records. (d) Public employees shall not be discouraged from or disciplined for the expression of their personal opinions on any matter of public concern while not on duty, so long as the opinion (1) is not represented as that of the department and does not misrepresent the department position; and (2) does not disrupt coworker relations, impair discipline or control by superiors, erode a close working relationship premised on personal loyalty and confidentiality, interfere with the employee's performance of his or her duties or obstruct the routine operation of the office in a manner that outweighs the employee's interests in expressing that opinion. In adopting this subsection, the City Council intends merely to restate and affirm court decisions recognizing the First Amendment rights enjoyed by public employees. Nothing in this section shall be construed to provide rights to City employees beyond those recognized by courts, now or in the future, under the First Amendment, or to create any new private cause of action or defense to disciplinary action.
(e) Notwithstanding any other provisions of this chapter, public employees shall not be discouraged from or disciplined for disclosing any information that is public information or a public record to any journalist or any member of the public. Any public employee who is disciplined for disclosing public information or a public record shall have a cause of action against the City and the supervisor imposing the discipline.
I-310-3.100 Withholding Kept to a Minimum
Information that is exempt from disclosure shall be masked, deleted or otherwise segregated so that the nonexempt portion of a requested record may be released and keyed by footnote or other clear reference to the appropriate justification for withholding.
I-310-3.110 Justification of Withholding
Any withholding of information shall be justified, in writing, in the manner required by the Public Records Act. That written justification shall also include the following additional information:
Created: 2026-02-24 10:13:14 [EST]
(Supp. No. 59)
(a) A withholding under a specific permissive exemption in the California Public Records Act, shall cite that authority.
(b) A withholding on the basis that disclosure is prohibited by law shall cite the specific statutory authority, caselaw, or other relevant authority. (c) A withholding on the basis that disclosure would incur civil or criminal liability shall cite any specific statutory or case law, or any other public agency's litigation experience, supporting that position.
I-310-3.150 Compilation of Records Available On-line
The City shall display in a convenient location on the internet, a compilation of on-line document resources. To the extent it is reasonable, records not available on-line, but otherwise available from the City from other sources, shall be identified on the City’s website together with the location where they may be accessed.
I-310-3.160 Internet Access/World Wide Web Minimum Standards The City shall maintain on a website, or on a comparable, readily accessible location on the Internet, information that it is required to make publicly available, to the extent it is practical to do so and considering whether such information is otherwise available in a different form from the City. To the extent it is reasonable, records not available on-line, but otherwise available from the City from other sources, shall be identified on the Website together with the location where they may be accessed.
Each department is encouraged to make publicly available through its website as much information and as many documents as possible concerning its activities. These include, but are not limited to, campaign report forms, statements of economic interest, operating and capital budgets, meeting agenda, meeting minutes, public notices and, when feasible, staff meeting reports. Each department shall post on its website all meeting notices required under this ordinance, all agendas and the minutes of all previous meetings of its policy bodies for the last three years. Notices and agendas shall be posted no later than the time that the department otherwise distributes this information to the public, allowing reasonable time for posting. Minutes of meetings shall be posted as soon as possible, but in any event within 48 hours after they have been approved. The City shall make reasonable efforts to ensure that its website is regularly reviewed for timeliness and updated on at least a weekly basis. The City shall also make available on a readily accessible location on the Internet, a current copy of the Municipal Code.
The City shall also webcast all City Council and Planning Commission meetings and archive the webcasts of such meetings for a period established by the City’s record retention schedule.
I-310-3.200 Calendars of Officials
Members of the City Council (including the Mayor), Planning Commission and the City Manager shall maintain a monthly City Calendar form which includes all City-related appointments, meetings, including regular and special City Council and Planning Commission meetings, public events or speaking engagements, meetings with developers, meetings with consultants, meetings with lobbyists, regional meetings, and meetings of subcommittees or task forces, but not to include social and personal events. The description shall include the meeting's duration and shall include a listing of all principal individuals present at meetings with developers, meetings with consultants, and meetings with lobbyists. The Mayor, City Council, City Manager and Planning
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(Supp. No. 59)
Commission members shall submit the updated calendar forms for the prior month onto their individual on-line calendars which shall be maintained and available to the public on the City website. Councilmembers and Commissioners shall be trained in the operation and procedures for entering or re-entering data into an automated calendaring system maintained on the City's website.
I-310-3.210 Solicitation of Donations by Elected Officials Solicitation of donations by elected officials for charitable purposes and third-party political campaigns is permitted. Contributions over $100 made at the behest of an elected official must be reported to the City Clerk quarterly by the elected official making such requests. Such report is a public record. Reports must contain the following information:
1. Name of payer.
2. Address of payer.
3. Amount of payment.
4. Date or dates the payment or payments were made.
5. Name and address of the payee.
6. A brief description of the goods or services provided or purchased, if any.
7. A description of the specific purposes or event for which the payment or payments were made
I-310-3.220 Restriction and Prohibition on Certain Activities of Former Elected and Former Appointed Officials
For a period of two years following the expiration of their term, the Mayor and all members of the City Council and Planning Commission shall be prohibited from using the experience or contacts arising from their former office to assist any applicant through the permitting process. This provision is intended to supplement additional restrictions contained in Chapter 300, "Regulations of Certain Activities of Former City Officials."
Section 3.5 Regulation of Lobbying Activities
I-310-3.5.10 Purpose
The purpose of this chapter is to impose registration and disclosure requirements on those engaged in efforts to influence the decisions of City policy makers for compensation. Disclosure of lobbyists' identities and activities fosters public confidence in government officials by making government decision-making more transparent to the public. Additionally, the disclosure and registration requirements ensure that City officials are made aware of the interests that lobbyists represent when the officials are lobbied.
I-310-3.5.20 Interpretation
Unless the term is specifically defined in this chapter or the contrary is stated or clearly appears from the context, the definitions set forth in Government Code section 81000 et seq., shall govern the interpretation of this chapter.
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I-310-3.5.30 Definitions
For the purposes of this chapter, the following definitions shall be applicable:
(a) "Activity expense" means any payment made by a lobbyist to or directly benefiting any City official, City official-elect or member of his or her immediate family. Activity expenses include gifts, honoraria, consulting fees, salaries and any other form of compensation, but do not include campaign contributions. (b) "Administrative action" means the proposal, drafting, development, consideration, advocacy or recommendation of any rule, regulation, agreement or contract, permit, license or hiring action.
(c) "At the behest" means at the specific direction of, or at the personal request or suggestion of, or with the express prior consent of, any elective City official, City official- elect or candidate for elective City office.
(d) "City official" means any public official, or City employee who participates in the consideration of any legislative action or administrative action other than in a purely clerical, secretarial or ministerial capacity. It shall also include any City board or commission member, or City representative to any joint powers authority to which the City is a party, and any consultant to the City.
(e) "Client" means a person who is represented by a lobbyist. (f) "Compensation" includes, but is not limited to, money of any denomination or origin; goods or services or anything of value, delivered or rendered; commissions related to the purchase or sale of real property, or a contract or promise therefor; or promises to perform or provide services or contractual arrangements or awards. (g) "Contact" means attendance at a meeting with a City official or City official-elect, or any direct communication with a City official or City official-elect, whether oral, electronic or in writing, including, but not limited to communication through an agent, associate or employee, for the purpose of engaging in lobbying activity. (h) "Fundraising activity" means soliciting a contribution; hosting or sponsoring a fundraising event; or hiring a fundraiser or contractor to conduct any event designed for political fundraising at which contributions for any City official, candidate for elective City office or any controlled committee of an elected City official or candidate for City office or for any political action committee, political party or candidate for elective office of a governmental organization are solicited, delivered or made. (i) "Gift" means gift as defined in the California Political Reform Act, Government Code Section 81000 et seq., as amended from time to time.
(j) "Independent expenditure" means an expenditure made by any person, including a payment of public moneys by a state or local governmental agency, in connection with a communication which expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage or defeat of a clearly identified measure, or taken as a whole and in context, unambiguously urges a particular result in an election but which is not made to or at the behest of the affected candidate or committee. (k) "Influencing" means the purposeful communication, either directly or through agents, promoting, supporting, modifying, opposing, causing the delay or abandonment of conduct, or otherwise intentionally affecting the behavior of a City official or official-
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elect, by any means, including, but not limited to, providing or using persuasion, information, incentives, statistics, studies or analyses. (l) "Intermediary" means a person who makes a campaign or officeholder contribution on behalf of another person. A person is an intermediary for a contribution if the recipient of the contribution would consider that person to be the contributor without the disclosure of the identity of the true source of the contribution. A lobbyist acts as an intermediary if the lobbyist makes a contribution on behalf of another person, and that other person is acknowledged as the contributor, and the lobbyist is reimbursed for the contribution. (m) "Legislative action" means the drafting, introduction, consideration, modification, enactment or defeat of any resolution, ordinance, amendment thereto, report, nomination, or other action of the Mayor, City Council, any City board, committee, or commission or any joint powers authority of which the City is a party, acting in its official capacity, or the granting, approval, or amendment of contracts or agreements to which the City is a party by any of the foregoing.
(n) "Lobbying" is the influencing or attempting to influence a legislative action or administrative action of the City.
(o) "Lobbyist," unless exempt under subsection (p) of this section, means:
(1) Contract lobbyist: A person who engages in lobbying on behalf of one or more clients (acting individually or through agents, associates, employees or contractors) and who has received or has entered into an agreement for compensation of $1,000.00 or more, or equivalent nonmonetary compensation ("threshold Compensation") for engaging in lobbying during any consecutive three-month period; (2) Business or organization lobbyist: Any business or organization, whose owner(s), officer(s) or employee(s) carry out lobbying on its behalf, in an aggregate amount of ten hours or more within any consecutive 12-month period, whether or not such officers or employees are specifically compensated to engage in lobbying; provided, that the activities of officers shall be considered lobbying only if those officers receive compensation by the business or organization beyond reimbursement for their reasonable travel, meals or incidental expenses; or (3) Expenditure lobbyist: A person who makes payments or incurs expenditures of $5,000.00 or more during any calendar year in connection with carrying out public relations, advertising or similar activities with the intent of soliciting or urging, directly or indirectly, other persons to communicate directly with any City official in order to attempt to influence legislative action or administrative action. The $5,000.00 threshold shall not include: (A) Compensation paid to contract lobbyists or employees for lobbying; or (B) dues payments, donations, or other economic consideration paid to an organization, regardless of whether the dues payments, donations or other economic consideration are used in whole or in part to lobby. (p) Exemptions to "lobbyist" include:
(1) Any public official acting in his or her official capacity or acting within the scope of his or her employment or appointment;
(2) The media, when limiting its action to the ordinary course of news gathering or editorial activity, as carried out by members of the press. "Media" shall mean newspapers or any other regularly published periodical, radio or television station or network or information published on the Internet. This exemption does not apply to
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individuals conducting media activities when that individual would otherwise qualify as a contract lobbyist under this chapter;
(3) Persons reimbursed for only their reasonable travel, meals or incidental expenses, including, but not limited to, uncompensated members or directors of nonprofit organizations, such as chambers of commerce;
(4) Persons whose communications regarding any legislative action or administrative action are solely limited to appearing at or submitting testimony for any public meeting held by the City or any of its agencies, offices, or departments, as long as the communications thereto are public records available for public review. Persons who appear or testify at public meetings and who otherwise qualify as lobbyists due to other activities must register and disclose their lobbying activities directed toward City officials, and must identify themselves and their clients at public meetings, in the same manner and to the same extent such registration, disclosure, and identification is required of all other lobbyists;
(5) Persons submitting bids or responding to requests for proposals, provided the provision of such information is limited to direct conversation or correspondence with the official or department specifically designated to receive such information; (6) Persons providing oral or written information pursuant to a subpoena or otherwise compelled by law or regulation, or in response to an official request; provided, that the request and response thereto are public records available for public review; (7) Designated representatives of a recognized employee organization whose activities are limited to communicating with City officials or their representatives regarding (A) wages, hours and other terms or conditions of employment, or (B) the administration, implementation or interpretation of an existing employment agreement;
(8) Persons who are professionally licensed by a State licensing organization pursuant to the California Business and Professions Code, including, but not limited to, attorneys, architects and engineers; provided however, the exemption for attorneys shall only be applicable if the attorney is engaged in the practice of law with respect to the subject of the employment;
(9) Board members or employees of nonprofit 501(c)(3) corporations, unless the nonprofit organization is lobbying for a specific project, issue or person for which the organization has received compensation or a contribution to lobby for or against a specific project, issue or person;
(10) Members of neighborhood associations;
(11) A person hired by the City for work performed on behalf of the City, or a person who prepares documents for consideration by the City under the California Environmental Quality Act;
(12) The owner of a business whose attempts to influence governmental action are on behalf of the business and:
(i) The owner or business has not retained a person to engage in lobbying activity on behalf of the owner or business; or
(ii) Officers or employees of the business (not including the owner) have not engaged in lobbying activity on behalf of the owner or business.
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(iii) This exemption applies only to the threshold for becoming a business or organization lobbyist as defined under section I-310-3.5.30(o), subsection (2). An owner of a business who meets this exemption is subject to the requirements of this chapter if he or she meets the definition of contract lobbyist or expenditure lobbyist as defined under subsections (1) and (3) of section I-310-3.5.30(o), respectively;
(13) Persons who meet with City officials solely to lodge "whistleblower" complaints relating to alleged improper governmental activity such as mismanagement, waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
(14) Persons whose communications with City officials are solely in connection with the administration of an existing contract or agreement between the person and the City; or
(15) Persons who meet with the City Attorney, or City staff regarding any claim or litigation matter, negotiation of any agreements or contracts where the City is a party, or the requirements or interpretation of this chapter. (q) "Organization" means any person that is not an individual. (r) "Person" means any individual, domestic or foreign corporation, for-profit or nonprofit entity, firm, association, syndicate, union, chamber of commerce, joint-stock company, partnership of any kind, limited liability company, common-law trust, society, or any other group of persons acting in concert.
I-310-3.5.40 Registration
Lobbyists shall register with the City Clerk within 15 days after qualifying as a lobbyist under Milpitas Municipal Code section I-310-3.5.30. Should a lobbyist have a change to its registration information, including, but not limited to, the city legislative action or administrative action as to which the lobbyist has been engaged, after the annual registration period, such lobbyist shall file an amended registration with the City Clerk within 15 days of such change with the changed information.
I-310-3.5.50 Annual Registration Renewal
A lobbyist shall renew his or her registration by January 15 of each year unless he or she has terminated their status as a lobbyist pursuant to Milpitas Municipal Code section I-310-3.5.60 by such date.
I-310-3.5.60 Termination of Lobbyist Status
After initial registration, annual registration renewal will not be required if a declaration attesting to the termination of lobbying services within the City has been filed with the City Clerk no later than January 15.
I-310-3.5.70 Active Status
All registrations, renewals and terminations will be deemed filed on the date received by the City Clerk. A lobbyist shall be deemed active for the duration of the year of registration ending December 31, unless a declaration attesting to termination of lobbying services within the City is filed.
Created: 2026-02-24 10:13:15 [EST]
(Supp. No. 59)
I-310-3.5.80 Registration Fees
Persons subject to the registration requirements of this ordinance shall pay an annual fee set by resolution of the City Council.
(a) The applicable registration fee is due at the time of registration or registration renewal.
Payment will be deemed delinquent thereafter. Delinquency fees may be assessed as specified in subsection (c) below, if payment occurs after the due date. (b) In addition to the annual fee, each registrant shall pay a fee set by resolution of the City Council per client for whom lobbying is undertaken for compensation in excess of $500.00. The fees for clients as of the date of initial registration shall be submitted with the registration. The fees for subsequent clients shall be due and submitted within 15 days of such change with the changed information pursuant to section I-310-3.5.30. (c) A fine of $25.00 per day for delinquent fees, up to a maximum of $500.00, will be assessed until in compliance with the registration provisions herein.
I-310-3.5.90 Required Registration Information
The initial registration shall contain the name, business address, telephone, email addresses and if applicable, business license of all persons required to register pursuant to this Chapter, including the names of all owners of sole proprietorships and partnerships of fewer than ten persons. If the registrant is a corporation, limited liability company, or limited liability partnership, it shall also include the names of the president, secretary, chief financial officer, managing members, and agent for service of process, if any. Any business or organization registering under this act shall also briefly describe the nature of its business or organization and contact individual. In addition to this information, the report shall contain the following:
(a) Contract lobbyists: The name, business address, telephone number of each client, the nature of each client's business and the item(s) of legislative action or administrative action the lobbyist is seeking to influence on behalf of the client; and the name of each person employed or retained by the lobbyist to lobby on behalf of each client. (b) Business or organization lobbyists: The names of owners, officers or employees conducting lobbying activities and the item(s) of legislative action or administrative action the lobbyist is seeking to influence.
(c) Expenditure lobbyists: The item(s) of municipal legislative action or administrative action the lobbyist is seeking to influence.
(d) Payment received by the reporting lobbyist for services as a consultant or in any other capacity for services rendered to a City agency, any City official or any City official-elect or their controlled committees, or ballot measure committee within the previous calendar year. The dates of payment and name of each payer shall be included. (e) Campaign and officeholder contributions that a lobbyist made, delivered or acted as an intermediary for, to an elected City official or candidate for City office made during the preceding calendar year. A person is an intermediary for a contribution if the recipient of the contribution would consider that person to be the contributor without the disclosure of the identity of the true source of the contribution. Also, a lobbyist acts as an intermediary if the lobbyist makes a contribution on behalf of another person, and that
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other person is acknowledged as the contributor, and the lobbyist is reimbursed for the contribution.
(f) Campaign and officeholder contributions made at the behest of an elected City official or candidate to any other elected public official or candidate for public office during the preceding calendar year.
(g) All independent expenditures made for or on behalf of a City official or candidate for City office made during the preceding calendar year.
(h) Fundraising activity for any City official, candidate for elective City office or any controlled committee of the elected City official or candidate for City office or for any political action committee, political party or candidate for elective office of a governmental organization made at the behest of a City official during the preceding calendar year. Required information and disclosures must include the name of the City official, candidate, committee or party on whose behalf the lobbyist engaged in fundraising activities, or delivered or acted as intermediary for one or more contributions. The information and disclosures must also include the name of the City official requesting the fundraising activity, the date of the fundraising activity, the name of the contributors and the amount of contributions raised, delivered and/or made in connection with which the lobbyist acted as an intermediary. (i) Donations to for-profit or nonprofit organizations made at the behest of a City official or candidate for elective City office of any contribution or payment of more than $1,000.00 in the aggregate made during the preceding calendar year. (j) Contacts made with City officials or City officials-elect during the preceding calendar year for the purpose of influencing or attempting to influence legislative action or administrative action. Contact information must include a brief description of the item(s) of legislative action or administrative action the lobbyist is seeking to influence, the date(s) of contact, the method(s) of contact, and the number of contacts in the following ranges: (one), (two to five), (six to ten) or (11 or more). (k) Activity expenses such as payments that directly benefit any City official, City official-elect or member of his or her immediate family or domestic partner made during the preceding calendar year. Activity expenses include gifts, honoraria, consulting fees, salaries and other forms of compensation, but do not include campaign contributions. (l) The name, address, title and telephone number of the person responsible for preparing the report, together with that individual's signature attesting to the authority of the signatory and the accuracy and truthfulness of the information submitted.
I-310-3.5.100 Quarterly Reports
Quarterly reports for the prior three-month period are to be filed with the City Clerk on or before July 15, October 15, January 15, and April 15 of each year, whether or not any lobbying activities have occurred during such period. Electronic reporting may also be permitted by the City Clerk.
Each quarterly report shall contain the same information as required to be disclosed in the initial registration, for those activities occurring in that period. If a lobbyist has terminated all lobbying activities during such period, the lobbyist may file a declaration of termination with the quarterly report. The final quarterly report shall include disclosure of any lobbying activities during the period of termination.
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(Supp. No. 59)
I-310-3.5.110 Records Retention
All information, reports and statements required to be filed under the provisions of this chapter shall be compiled and preserved by the City pursuant to the City's records retention schedule and shall be open to public inspection. Copies of the records pertaining to the above-required reports shall be preserved by the lobbyist for inspection and audit for a period of four years from date of production.
I-310-3.5.120 Lobbyist Identification
When appearing in a lobbying capacity at any meeting with a City official or at a public meeting of the City Council or any other City board, commission or hearing, a contract lobbyist shall identify himself/herself and the client(s) on whose behalf he/she is appearing, and a business or organization lobbyist shall identify himself/herself and the business or organization he/she represents.
I-310-3.5.130 Prohibitions
It shall be unlawful for any lobbyist to commit any of the following acts:
(a) Unregistered lobbying: Acting as a lobbyist in the City without having registered in compliance with this chapter, or knowingly to employ a person or entity to serve as a lobbyist when such person is not registered pursuant to this chapter. (b) Unauthorized communications: Sending or causing any communication to be sent to any City official in the name of any nonexistent person or in the name of an existing person without the express or implied consent of such person.
(c) Indirect violations: Attempting to evade the requirements of this chapter through indirect efforts or through the use of agents, associates, intermediaries or employees. (d) Creation of obligations: Performing or sponsoring any act with the purpose and intent of placing any City official under personal obligation to the lobbyist.
I-310-3.5.140 Gifts
It shall be unlawful for any lobbyist to deliver or cause to be delivered any gift to any City official, and for any City official to accept any gift from a lobbyist.
I-310-3.5.150 Enforcement
Persons or entities that violate this chapter may be subject to penalties as set forth in Milpitas Municipal Code sections I-1-4.09-1 to I-1-4.09-11.
I-310-3.5.160 Injunction
The City Attorney or his designee may seek injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this chapter.
Created: 2026-02-24 10:13:15 [EST]
(Supp. No. 59)
I-310-3.5.170 Practice Restrictions
No person who the City finds to have violated this chapter may act as a lobbyist or otherwise attempt to influence municipal legislative actions or administrative actions for compensation for one year after such finding of violation.
I-310-3.5.180 Exemptions
Any person who in good faith and on reasonable grounds believes that he or she is not required to comply with the provisions of Milpitas Municipal Code section I-310-3.5.40 by reason of his or her being exempt under Milpitas Municipal Code section I-310-3.5.30(p) shall not be deemed to have violated the provisions of Milpitas Municipal Code section I-310-3.5.40 if, within 15 days after notice from the City, he or she either complies or furnishes satisfactory evidence to the City that he or she is exempt from registration.
I-310-3.5.190 Lobbyists on Behalf of the City
(a) Any lobbyist who contracts for economic consideration with the City of Milpitas to represent the City in matters before any local, regional, state, or federal administrative or legislative body shall file a public records report of their activities on a quarterly basis with the City Clerk's office. This report shall be maintained by the City Clerk's office and not be exempt from disclosure. Each quarterly report shall identify all financial expenditures by the lobbyist, the individual or entity to which each expenditure was made, the date the expenditure was made, and specifically identify the local, state, regional or national legislative or administrative action the lobbyist supported or opposed in making the expenditure. The failure to file a quarterly report with the required disclosures shall be a violation of this chapter. (b) No person shall be deemed a lobbyist on behalf of the City under subsection (a) of this section, unless that person receives or becomes entitled to receive at least $250.00 total compensation in any month for influencing legislative or administrative action on behalf of the City of Milpitas. No business or organization shall be deemed as a lobbyist under subsection (a) of this section unless it compensates its employees or members for their lobbying activities on behalf of the City of Milpitas, and the compensated employees or members have at least 25 separate contacts with local, state, regional or national officials for the purpose of influencing legislative or administrative action within any two consecutive months. "Total compensation" shall be calculated by combining all compensation received from the City of Milpitas during a month of lobbying activities on matters at the local, state, regional or national level. "Total number of contacts" shall be calculated by combining all contacts made during a two-month period on behalf of the City of Milpitas for all lobbying activities on matters at the local, state, regional or national level.
(c) Funds of the City of Milpitas shall not be used to support any lobbying efforts to restrict public access to records, information, or meetings, except where such effort is solely for the purpose of protecting the identity and privacy rights of private citizens.
SECTION 4. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.
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SECTION 5. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.