CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize the City Manager, or Designee, to Negotiate and Execute an Agreement with Probolsky Research LLC for Citywide Research Services and Surveys (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Charmaine Angelo, Public Information Officer, 408-586-3055) Category: Consent Calendar-Leadership and Support Services Meeting Date: 9/1/2026
Recommendation: Authorize the City Manager, or designee, to negotiate and execute a professional services agreement with Probolsky Research LLC for Citywide research services and surveys for a five-year term with an initial not-to-exceed compensation of $414,500, plus a 15% contingency of $62,175, for a total maximum compensation of $476,675, subject to appropriation by the City Council through the annual budget adoption process.
BACKGROUND:
The City commissions an annual community satisfaction survey to gather resident feedback on community priorities, quality of life, and satisfaction with City programs and services. The survey serves as an important public engagement tool that provides statistically valid data to inform the City’s budget development process, strategic planning, service delivery, and policy decisions. The City also periodically requires additional public opinion research, such as for ballot measure research and employee engagement surveys, to support organizational planning, inform City Council, and evaluate specific initiatives. Together, these research efforts provide objective data that help assess community needs, measure trends over time, and support informed decision-making.
ANALYSIS:
On January 15, 2026, the City released a Request for Proposal (RFP 25-1147) for Citywide Research Services for Milpitas Community Surveys. The RFP invited qualified vendors with demonstrated experience in survey design, community research, data analysis, and ballot measure and issue-based polling to submit proposals.
Pursuant to Milpitas Municipal Code Section I-2-3.09, the City used the request for proposals process for this procurement. Section I-2-3.13-2(b) requires City Council approval where a consultant's total fee exceeds $100,000.
The RFP was publicly advertised on the City’s website and on OpenGov, the City’s eProcurement portal in accordance with Milpitas Municipal Code Section I-2-3.11. Upon release, notifications were sent to 7,634 registered vendors, and 50 firms downloaded the solicitation documents. The City received two responsive and responsible proposals by the proposal due date of February 19, 2026.
Proposals were evaluated in accordance with the evaluation criteria set forth in the RFP and were based on submitted proposals, vendor interviews, reference checks, and Best and Final Offers (BAFOs). Final scores were as follows:
Evaluation Criteria
Evaluation
Criteria Weight
(%)
Policy
Confluence, Inc.
Weighted Score
Probolsky
Research LLC
Weighted Score
Cover Letter and RFP Compliance 5.0% 3.5 4.2
Company Experience/Qualifications 15.0% 9.5 13.0
Personnel Assigned 15.0% 11.0 11.5
Evaluation Criteria
Evaluation
Criteria Weight
(%)
Policy
Confluence, Inc.
Weighted Score
Probolsky
Research LLC
Weighted Score
Execution Plan 15.0% 11.0 13.0
Research Methodology Expertise 15.0% 11.5 13.0
Data Quality and Confidentiality 15.0% 12.5 12.0
References 5.0% 3.8 4.2
Proposed Compensation 15.0% 15.0 13.8
Total Weighted Score 100.0% 77.8 84.7
Staff conducted reference checks for both vendors, which included the City of Agoura Hills and City of Napa for Probolsky Research, and City of Livermore and City of Palo Alto for Policy Confluence, Inc. All references were overall favorable.
Based on the final results, Probolsky Research was determined to be the most advantageous to the City, and a notice of intent to award was issued on June 22, 2026, subject to City Council approval and successful negotiation and execution of an agreement in conformance with the City’s standard terms and conditions. The protest period for the RFP ended June 29, 2026, and no protests were received.
Probolsky Research LLC proposed all-inclusive, fixed-firm pricing with no hourly, travel, or expense charges.
The annual community satisfaction survey is priced at $44,700 and consists of an approximately 20-minute instrument administered online, by telephone, and by mail to at least 600 residents in Chinese, English, Spanish, Tagalog, and Vietnamese, with a margin of error of +/- 4.1 percent at a 95 percent confidence level.
One workshop is included at no additional cost; additional workshops are $4,900 each and focus groups are $13,900 each. All rates are fixed for the five-year term with no annual escalation.
Staff recommends authorization to enter into a five-year agreement with Probolsky Research LLC with a base not-to-exceed compensation of $414,500. That amount consists of $223,500 for five annual surveys and $191,000 for as-needed ballot measure and issue-based polling, employee engagement surveys, focus groups, and workshops, requested at the City's sole discretion. Staff also recommends a 15 percent contingency of $62,175 for services beyond those quantities, for a total maximum compensation of $476,675, subject to appropriation by the City Council through the annual budget adoption process. Any use of contingency funds will require a specific scope of work priced at the agreement's fixed rates and an executed contract amendment, which will be executed administratively within the authorized total without further City Council action.
POLICY ALTERNATIVE(S):
Alternative No. 1: Do not authorize staff to enter into the agreement with Probolsky Research LLC.
Pro: The City would not incur these expenses.
Con: The City would not have a qualified vendor under contract to administer the City’s annual community satisfaction survey, provide as-needed ballot measure and issue-based polling and conduct employee surveys.
This would require staff to conduct a new solicitation with a high potential to have the same outcome. This will delay contracting, potentially delay project delivery, and increase the use of staff resources.
Reason for Not Recommending: Not approving the agreement will prevent the City from establishing a contract with a qualified vendor to administer the City’s annual community satisfaction survey on an ongoing basis to facilitate continuity and better enable staff to track trends across multiple years. It may also delay the availability of data needed to support informed City decision-making.
PROJECT SCHEDULE/KEY MILESTONES
Staff expects to negotiate and execute a Professional Services Agreement with Probolsky Research LLC by September 30, 2026, with the first survey expected to begin early December 2026.
FISCAL IMPACT:
Sufficient funds are available in the City Manager's Office current fiscal year operating budget to cover FY2026-27 expenditures under this Agreement. Funding for subsequent fiscal years of the five-year term will be included in the Department's base operating budget request, subject to appropriation by the City Council through the annual budget adoption process.
Additional survey and research services, including employee engagement surveys, ballot measure research, and other optional services, will be authorized on an as-needed basis and funded from the requesting department's operating budget, subject to appropriation by the City Council through the annual budget adoption process. Total maximum compensation over the five-year term is $476,675, consisting of $414,500 in base compensation and $62,175 in contingency
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b).
ATTACHMENT(S):
None.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize Conveyance of Below Market Rate Unit at 1377 Coyote Creek Way to the Milpitas Housing Authority, and Approve the Sale of the Unit to an Income- Qualified Buyer (Staff Contact: Hanson Hom, Senior Special Projects Associate; and Michelle Silva, Administrative Analyst II, 408-586-3222) Category: Consent Calendar-Community Development
Meeting Date: 8/11/2026
Recommendation: (1) Authorize conveyance of the real property located at 1377 Coyote Creek Way (APN 083-10-079) from the City of Milpitas to the City of Milpitas Housing Authority and authorize the City Manager, or designee, to execute a grant deed and all other documents necessary to complete the conveyance, in a form approved by the City Attorney; and (2) Approve the sale of the property by the City of Milpitas Housing Authority to the income-qualified buyer at the maximum affordable resale price of $585,000, and authorize the Executive Director, or designee, to execute the purchase and sale agreement, grant deed, escrow instructions, resale restriction agreement, and all other documents necessary to complete the sale, in a form approved by Authority Counsel.
BACKGROUND:
On June 17, 2025, the Board of the Milpitas Housing Authority (Authority) authorized the acquisition of the below market rate unit located at 1377 Coyote Creek Way (APN 083-10-079) to preserve its long-term affordability. At that time, the unit could not be sold to an eligible purchaser because of financing restrictions associated with Fannie Mae and Freddie Mac lending requirements and unresolved issues involving the homeowners association (HOA). Acquisition was authorized with the intent of reselling the unit once those issues were resolved.
The acquisition closed on September 8, 2025, for a purchase price of $411,580.00, escrow closed with Chicago Title Company escrow # FWPS-3022250650. Title vested in the City of Milpitas rather than the Authority. The grant deed was recorded on September 8, 2025, in the Official Records of Santa Clara County as Document No. 25866184 (Attachment C). The granting clause of that deed names the City of Milpitas as grantee, while the certificate of acceptance attached to the deed recites acceptance on behalf of the Milpitas Housing Authority.
The City Attorney's Office has reviewed the recorded instrument and has advised that a conveyance from the City to the Authority, authorized by the City Council and accepted by the Authority, is the appropriate action to place title in the entity responsible for owning and conveying units acquired under the Authority’s BMR Program.
Since the acquisition, the financing and HOA issues have been resolved, and the unit again qualifies for conventional financing. HouseKeys has identified an income-qualified moderate-income buyer, selected in accordance with the adopted BMR Program buyer selection procedures, who is prepared to proceed with the purchase. From a total of 139 applicants, 43 potential buyers were ranked based on the City’s preference guidelines.
ANALYSIS:
The recommended actions, in required sequence, are as follows:
1. The City Council authorizes conveyance of the unit to the Authority, correcting the vesting of title.
2. The Authority Commissioners approve the sale to the identified buyer and authorize the Executive Director, or designee, to execute the closing documents.
Affordability is preserved at resale through a resale restriction agreement and right of first refusal recorded against the property at close of escrow in favor of the Authority, with a term of 55 years, together with a deed of trust securing performance. Without those recorded instruments, the unit would convert to market rate upon the buyer's subsequent resale, and the purpose of the acquisition would not be achieved.
Completion of the sale fulfills the original purpose of the acquisition – to preserve an affordable homeownership opportunity while financing and HOA obstacles were resolved – and returns the unit to occupancy by an income-qualified household.
The grant deed conveying the property from the City to the Authority, the purchase and sale agreement, the escrow instructions, the resale restriction agreement and right of first refusal, and the related closing documents are not attached to this report. This item authorizes the City Manager, or designee, to execute the conveyance documents in a form approved by the City Attorney, and authorizes the Executive Director of the Housing Authority, or designee, to accept the property and execute the sale and closing documents in a form approved by Authority Counsel. The resale restriction agreement and right of first refusal will conform to the standard form used under the Below Market Rate Housing Program.
POLICY ALTERNATIVE(S):
Alternative 1: Do not authorize the conveyance and sale; retain the unit in City ownership.
Pros: Retains the asset in City ownership; no closing costs are incurred at this time.
Cons: The property was purchased using Housing Authority funds which cannot be diverted to the City. To retain City ownership, the City would need to purchase the property from the Housing Authority for full fair market value.
Reason for Not Recommending: Continued City ownership serves no BMR Program objective, incurs ongoing cost, and defers the affordability preservation the acquisition was intended to secure.
Alternative 2: Authorize the conveyance to the Authority but defer approval of the sale to a later meeting.
Pros: Corrects the vesting of title now and allows additional time to review the sale terms.
Cons: Risks loss of the identified buyer's financing commitment and interest rate lock; extends City carrying costs; and requires a second Commissioners' action with no corresponding benefit, because the sale price and buyer eligibility are set by BMR program requirements rather than negotiated.
Reason for Not Recommending: Deferral adds delay and cost without adding Commissioner discretion.
PROJECT SCHEDULE/KEY MILESTONES
City Council and Housing Authority Commission action on this item: September 1, 2026 Execution and recordation of grant deed, City to Authority: Upon approval, Chicago Tile will prepare the corrected deed
Close of escrow: Escrow is currently open and is scheduled to close within 45 days after recording the corrected deed
FISCAL IMPACT:
The City acquired the property on September 8, 2025, for a purchase price of $436,285.15, funded by the Housing Authority Fund (295). Since acquisition, the City has incurred $3,427.83 in HOA dues, property
insurance, maintenance, and related carrying costs, funded by the Affordable Housing Unrestricted Fund (217).
Conveyance of the property from the City to the Authority is a transfer between related public entities for no monetary consideration. There is no impact to the General Fund.
The property will be sold to the income-qualified buyer for $585,000, the maximum affordable resale price determined under the Below Market Rate Housing Program resale formula. Estimated closing costs of $40,687.23, consisting of escrow and title fees, recording fees, HOA transfer and document fees, and program administrator compensation, will be paid through escrow at closing. In addition, the buyer will pay the Authority rent at a rate of $118.36 per day beginning July 17, 2026, through close of escrow, with the total amount due calculated based on the actual closing date and included in the net proceeds payable to the Authority at closing.
Net proceeds will be deposited into Housing Authority Fund (295), reimbursing the Authority for acquisition and carrying costs of $436,285.15 and resulting in a net estimated surplus of $117,264.31.
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) Grant Deed Recorded September 8, 2025, Document No. 25866184
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Amend the Classification Plan to Establish the Positions of Asset Management Program Administrator and Purchasing Manager, Reclassify the Purchasing Manager, and Amend the Salary Schedule to Include the Salary Range for Both Classifications, Effective September 1, 2026 (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3090) Category: Consent Calendar-Leadership and Support Services
Meeting Date: 9/1/2026
Recommendation: Adopt a resolution amending the Classification Plan to: (1) establish a new classification for the Asset Management Program Administrator; (2) establish the classification of Purchasing Manager and reclassify the Purchasing Agent to Purchasing Manager; (3) approve the class specifications for both classifications; and (4) amend the Salary Schedule to include the salary ranges for both classifications.
BACKGROUND:
As part of the FY2026–2027 Adopted Budget, the City Council authorized:
• The addition of 1.0 FTE Asset Management Program Administrator; and • The reclassification of 1.0 FTE Purchasing Agent to Purchasing Manager.
City policy requires City Council approval for the establishment of new classifications and any reclassification of existing positions. In addition, CalPERS requires that all classifications and associated salary ranges be maintained on publicly available pay schedules. Accordingly, the City must amend the Classification Plan and Salary Schedule to reflect these changes.
Human Resources conducted a review of the proposed classification and reclassification, including interviews with the respective Department leadership and staff, as well as a review of comparable classifications from peer agencies. Internal equity and alignment with existing City classifications were also evaluated to ensure appropriate compensation placement.
ANALYSIS:
Asset Management Program Administrator
The Asset Management Program Administrator, to be housed in the Public Works Department, will be responsible for advancing the City’s asset management strategy and safeguarding Citywide infrastructure and critical assets. This role will enhance system coordination across the Computerized Maintenance Management System (CMMS) and Geographic Information System (GIS), improve tracking and reporting of maintenance activities, and strengthen integration across operational platforms. The position will support data-driven decision-making and long-term infrastructure planning.
Purchasing Manager (Reclassification)
The reclassification of Purchasing Agent to Purchasing Manager reflects the evolving scope, complexity, and strategic importance of the City’s procurement function. Reporting to the Finance Director, the Purchasing Manager will oversee the administration of the City’s procurement program, including policy development, compliance, contract management, and strategic sourcing. This role requires a higher level of independent judgment, technical expertise, and managerial accountability. Due to the increased scope and confidential nature of the responsibilities, the position will be designated as Unrepresented. The proposed salary range reflects these expanded duties and aligns with market and internal equity considerations.
Human Resources surveyed comparator agencies and recommends placement of the Purchasing Manager at an annual range of $170,000 to $220,000 and the Asset Management Program Administrator at an annual range of $129,313.34 to $181,038.78, based on median market data and internal alignment with comparable City management classifications.
POLICY ALTERNATIVE(S):
Alternative 1: Do not adopt the resolution and retain the current Classification Plan and Purchasing Agent classification.
Pros: Maintains the existing classification structure without change.
Cons: The City would be unable to fill the positions authorized in the FY2026-27 Adopted Budget; the Purchasing Agent classification does not reflect the current scope of the City's centralized procurement and contract administration function; and the City would continue to rely on temporary staffing to meet asset management operational demands.
Reason for Not Recommending: Both positions were authorized and funded by the City Council through the FY2026-27 Adopted Budget, and CalPERS requires that all classifications and pay rates be reflected on a duly adopted, publicly available pay schedule.
Alternative 2: Adopt the resolution establishing the Asset Management Program Administrator classification only and defer the Purchasing Manager reclassification.
Pros: Allows additional time to evaluate the Purchasing Manager salary range placement.
Cons: Delays alignment of the procurement function with the duties currently being performed and requires a second Council action to complete an already-authorized change.
Reason for Not Recommending: Both actions were authorized in the FY2026-27 Adopted Budget and are appropriately implemented together.
PROJECT SCHEDULE/KEY MILESTONES
Milestone Date
City Council adoption of resolution September 1, 2026
Classification Plan and Salary Schedule
amendments effective
September 1, 2026
FISCAL IMPACT:
Funding for these positions was included in the FY2026-27 Operating Budget adopted by City Council on June 9, 2026. The proposed annual range for the Asset Management Program Administrator is $129,313.34 to $181,038.78, and the proposed annual salary range for the Purchasing Manager is $170,000 to $220,000.
Sufficient funds are available in the adopted FY2026-27 operating budgets of the Public Works and Finance Departments to cover the cost of these positions at the recommended ranges, and no additional appropriation is required. Funding for subsequent fiscal years will be included in each department’s base operating budget, subject to appropriation by the City Council through the annual budget adoption process.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This item is not a project under the CEQA Guideline 15378(b).
ATTACHMENT(S):
(a) Asset Management Program Administrator Class Specification (b) Purchasing Manager Class Specification
(c) Resolution
(d) Exhibit A to Resolution: All Job Classifications_Salary Table Effective 09-01-2026
City of Milpitas
Created: 09/2026
ASSET MANAGEMENT EEOC: Officials and Administrators PROGRAM ADMINISTRATOR FLSA: Exempt
Unit: Mid-Management Confidential
Physical: 1
DEFINITION
To perform the planning, directing, coordinating, and administering of comprehensive asset management programs for the City’s utility enterprises and public infrastructure, equipment, and assets; to oversee Computerized Maintenance Management Systems (CMMS) and coordinate the integration with the City’s Enterprise Resource Planning (ERP) and Geographic Information Systems (GIS) systems while ensuring system maintenance, data integrity, and application support to internal and external users; to manage integration efforts between GIS, ERP, and CMMS, and other related ticketing systems; to provide consultation and collaborate effectively with inter-departmental staff and external stakeholders; to develop and implement asset management standards, policies, and best practices in alignment with departmental objectives; to monitor program performance, recommend improvements, and manage related technical projects including CMMS system configuration and report development; and to perform related duties as required.
DISTINGUISHING CHARACTERISTICS
The Asset Management Program Administrator classification is a full journey and working management-level position responsible for overseeing the comprehensive asset management program within the Public Works Department. Incumbents exercise a high degree of independence and judgment in overseeing asset management systems, including Geographic Information Systems (GIS), Computerized Maintenance Management Systems (CMMS), Enterprise Resource Planning (ERP), and Customer Relationship Management (CRM). This position is responsible for integrating and coordinating related technical platforms. This role includes responsibility for training and working with technical and field staff, ensuring programmatic goals are met effectively.
This classification is distinguished from lower-level technical classifications by its complex analytical responsibilities and ability to make independent judgment. This position leads program oversight and the strategic implementation of asset management systems to align with organizational goals that deliver sustainable, value‑driven outcomes.
It differs from higher-level management classes by the absence of broad executive leadership, policy formulation, and enterprise-wide administrative duties. The Asset Management Program
Administrator supports cross-functional efforts spanning IT, Finance, Public Works operations and engineering with technical expertise that encompasses system integration across the City.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Public Works Director and Deputy Public Works Director.
Exercises direct and indirect supervision over technical and field staff engaged in asset management operations.
EXAMPLES OF DUTIES
Duties may include, but are not limited to, the following:
• Plan, direct, coordinate, and administer asset management programs and related systems including CMMS, ERP, CRM, and GIS
• Manage the integration and data synchronization between GIS, ERP, and asset management systems, including pushing data from CMMS and CRM ticketing platforms • Manage citywide fleet lifecycle management programs, ensuring proper maintenance and utilization
• Manage utility and collection system assets including tracking of preventative maintenance schedules, repair and replacement costs, and regulatory reporting • Provide leadership, training of technical and field staff supporting asset management systems
• May supervise and direct, train, and evaluate performance of technical, administrative, or temporary staff
• Collaborate with citywide department staff and external agencies to support asset repair, modification, and upgrade planning
• Monitor project schedules, budget expenditures, and adjust resource allocations to meet program objectives
• Consult with stakeholders including internal departments and external agencies on asset management system requirements and improvements
• Respond to technical requests and provide expert support across all Public Works divisions
• Evaluate workload demands and recommend procurement of personnel and technology resources
• Assign and prioritize technical staff work tasks to align with project timelines and departmental priorities
• Prepare and present reports on program status, system performance, Key Performance Indicators (KPI), and project outcomes to management
• Develop and maintain documentation and standard operating procedures related to asset management systems
• Evaluate and recommend ways to improve productivity and optimization of asset management systems
• Develop and implement Asset Management standards and practices • Coordinate updates and corrections to permanent Public Works records utilizing CMMS, GIS, ERP, and related technologies
• Perform related duties as assigned
TYPICAL QUALIFICATIONS
Knowledge of:
• Principles, practices, and techniques of asset management including Geographic Information Systems (GIS), Enterprise Resource Planning (ERP), and Computerized Maintenance Management Systems (CMMS)
• Operations and integration complexities of asset management systems, including data coordination between GIS, ERP, CMMS, and ticketing systems • Project management methodologies applicable to asset management programs • Database management, cartographic design, and GIS analysis techniques • Database design and intermediate database administration of platforms like SQL Server • Supervisory principles and practices including training, evaluating, and directing technical staff
• Safety standards and practices relevant to asset management operations • Applicable laws, regulations, and policies governing asset records and data management • Fleet and mobile equipment management principles and practices
Ability to:
• Plan, supervise, and coordinate the work of technical and field personnel involved in asset management systems
• Analyze and interpret GIS, ERP, and CMMS software effectively • Manage integration and data synchronization between non-communicating systems such as GIS, ERP, and CMMS ticketing platforms
• Manage multiple projects and budgets, meeting deadlines and shifting priorities as needed
• Resolve complex technical issues related to asset management system operation and data integrity
• Accurately interpret maps, blueprints, construction plans, and technical diagrams • Develop, maintain, and train staff on asset management software and technologies • Prepare clear and concise technical reports, documentation, and correspondence
• Communicate effectively orally and in writing with both technical and non-technical stakeholders
• Apply and maintain awareness of safety protocols and workplace hazards related to asset management
EXPERIENCE AND EDUCATION
Experience:
Five (5) years of operational experience in asset management programs, including hands-on experience with work order tracking, preventive maintenance scheduling, and system integration for ticketing solutions.
• Some supervisory or lead experience is preferred.
• Experience with Lucity (Enterprise Asset Management), Tyler Munis, ArcGIS, and computer programming language such as SQL, Java, or Python is highly desirable.
Education:
Possession of a bachelor’s degree from an accredited college or university with major coursework in computer science, information systems, cartography, geographic information systems, or related disciplines supporting asset management and operational control systems.
Substitution: Additional years of work experience may substitute for the education requirement above on a year-for-year basis.
LICENSE AND CERTIFICATES
• Possession and maintenance of a valid State of California Driver's License • Possession of technical certifications related to Geographic Information Systems (GIS), such as Certified GIS Professional (GISP) or ESRI Technical Certification, Asset Management, or Business Analytics is highly desirable.
PHYSICAL REQUIREMENTS
Work is performed indoors, in a standard office environment. Required to sit for long periods of time; talk and hear, in person, in meetings and by telephone; use hands and fingers to operate standard office equipment; frequently required to carry, bend, squat, twist, push, and pull with hands and arms to reach files and safely lift and carry up to 25 pounds occasionally.
In compliance with the Americans with Disabilities Act, the City of Milpitas will provide reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the Human Resources Department.
The City of Milpitas is an Equal Opportunity Employer.
Approved by:
___________________________________________ _________________ City Manager Date
___________________________________________ _________________ Human Resources Director Date
City of Milpitas
Created: 09/2026
PURCHASING MANAGER EEOC: Officials and Administrators FLSA: Exempt
Unit: Unrepresented Management
Physical: 1
DEFINITION
Under general direction of the Finance Director or designee, the Purchasing Manager plans, organizes, and directs the centralized purchasing and procurement activities of the City, including the acquisition of materials, supplies, equipment, and services; develops specifications and solicitation documents, including Invitations for Bid, Requests for Proposal, Requests for Qualifications, and Requests for Quotation; directs Citywide contract administration, including the execution of agreements, amendments, and change orders; ensures compliance with the Municipal Code, the California Public Contract Code, and applicable state and federal procurement regulations; administers the City’s e-procurement platform and the purchasing and contract functions of the Tyler ERP system; and provides responsible, professional, and technical assistance to the Finance Director in assigned areas of responsibility.
DISTINGUISHING CHARACTERISTICS
This classification is a management-level position within the purchasing series responsible for overseeing and directing the City's centralized purchasing operations and contract administration.
The incumbent exercises full supervisory responsibility for assigned staff and independent judgment while applying best practices in public procurement and contract management. The Purchasing Manager is expected to develop and implement policies and procedures, ensure compliance with applicable laws and regulations, and provide procurement-related guidance across the City.
The Purchasing Manager is distinct from the Buyer classification in that the Manager assumes comprehensive managerial duties, including full supervisory responsibilities over assigned staff.
This position provides direct management and oversight of the City’s procurement and contract administration and activities. In contrast, the Buyer performs more tactical, execution-focused procurement activities, primarily focused on completing purchasing transactions and managing vendor relations without supervisory or broader contract oversight responsibilities. The Purchasing Manager exercises greater independence, handles complex contract and procurement issues, and implements policies and procedures that guide departmental purchasing functions, reflecting a higher level of authority and leadership within the Purchasing Division.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Finance Director or designee.
Exercises direct and indirect supervision over professional, technical, and clerical staff.
EXAMPLES OF DUTIES
Duties may include, but are not limited to, the following:
• Plan, organize and direct the operations of the Purchasing Division, including procurement of materials, supplies, equipment, and services as requested by City departments.
• Establish, maintain, and disseminate Citywide purchasing standards, policies, procedures, guides, and manuals.
• Conduct and administer competitive solicitations in accordance with the City’s Municipal Code, the California Public Contract Code, and the California Uniform Public Construction Cost Accounting Act (CUPCCAA).
• Develop and administer solicitations for the purchase of goods and services as requested by City departments.
• Manage contract administration and oversight of City contracts to ensure compliance with executed terms and conditions and regulatory requirements. • Review contract documents for accuracy, completeness, proper authorization, and regulatory compliance.
• Direct and guide the review of insurance requirements for Citywide contracting; ensure that the required coverage and endorsements are obtained and maintained by Purchasing staff.
• Administer the City’s e-procurement platform and the purchasing and contract functions of the Tyler ERP system; establish and maintain system controls, workflows, and user procedures.
• Administer the Citywide procurement card (P-Card) program, including establishing controls, reviewing activity, and ensuring compliance with policy. • Supervise, train, evaluate, and develop assigned personnel; support staff career development and succession planning within the Purchasing Division. • Develop and conduct procurement training for City departments on procurement procedures, solicitation methods, and contract administration. • Provide technical guidance and recommendations to City departments and advise elected officials and City management on procurement matters that are significant, sensitive, or may carry legal implications; identify potential legal issues requiring review by the City Attorney and refer them accordingly;
• Prepare and present staff reports and resolutions for City Council.
• Prepare and administer the Purchasing Division budget. • Administer and enforce internal controls, segregation of duties, and ethics safeguards that protect the integrity of the centralized procurement function, ensuring fair, open, and competitive practices consistent with law and City policy. • Coordinate purchasing operations with other City departments and outside agencies, including oversight of delegated procurement activities and coordination of departmental purchasing liaisons.
• Coordinate with Public Works and other City Departments on the procurement of central stores, materials, supplies, and on establishing appropriate stock levels. • Analyze and improve procurement methods through cooperative and leveraged purchasing, standardization, and value analysis.
• Negotiate with vendors and contractors as needed.
• Oversee the sale, auction, or other disposition of surplus and obsolete equipment, materials, and supplies; promote reuse and recycling; and maximize sales revenue to the City.
• Prepare reports and maintain purchasing records for department management and City officials.
• Perform related duties as assigned.
TYPICAL QUALIFICATIONS
Knowledge of:
• Public procurement principles and practices, market conditions, sources of supply, and commodity markets.
• Federal, state, and municipal purchasing and contract laws and regulations, including the California Public Contract Code, the California Uniform Public Construction Cost Accounting Act (CUPCCAA), and the Milpitas Municipal Code. • Principles and practices of organization, administration, budget, supervision, and personnel management.
• Procurement techniques and computerized inventory control and materials management systems.
• Enterprise resource planning (ERP) and e-procurement systems and computerized inventory and materials management systems.
• Modern office practices, procedures, and equipment including current software applications for purchasing and contracting.
Ability to:
• Interpret and apply laws, rules, and regulations governing public sector purchasing and contracts.
• Plan, organize, supervise, and evaluate the work of assigned staff.
• Select and negotiate with contractors, vendors, and consultants. • Analyze, evaluate, and improve purchasing methods and procedures. • Prepare clear, accurate, and comprehensive reports, proposals, and documentation related to purchasing and contracts.
• Communicate effectively, both orally and in writing, with internal staff, vendors, and external agencies.
• Establish and maintain effective working relationships with employees, management, vendors, and the public.
EXPERIENCE AND EDUCATION
Experience:
Five (5) years of increasingly responsible experience in public sector or governmental purchasing and contract administration, including at least two (2) years of supervisory or lead experience.
Education:
Bachelor's degree from an accredited college or university with major course work in business administration, finance, public administration, or a closely related field. A Master's degree in a related field is highly desirable.
Substitution: Additional years of work experience may substitute for the education requirement above on a year-for-year basis.
LICENSE AND CERTIFICATES
• Possession and maintenance of a valid California Driver's License and a satisfactory driving record, with the ability to travel to various locations within and outside the City as needed.
• A professional certification in public procurement — such as the Certified Public Purchasing Officer (CPPO), the Certified Professional Public Buyer (CPPB), the NIGP Certified Procurement Professional (NIGP-CPP), or an equivalent certification is highly desirable.
PHYSICAL REQUIREMENTS
Essential duties require the following physical abilities and work environment: work is typically performed indoors in a standard office environment; frequent sitting for extended periods; ability to talk and hear in person and by telephone; use of hands and fingers to operate standard office equipment; occasional carrying, bending, squatting, twisting, pushing, and pulling; and the ability to lift and carry up to 25 pounds occasionally. The position may require travel to various locations within and outside the City.
In compliance with the Americans with Disabilities Act, the City of Milpitas will provide reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the Human Resources Department.
The City of Milpitas is an Equal Opportunity Employer.
Approved by:
___________________________________________ _________________ City Manager Date
___________________________________________ _________________ Human Resources Director Date
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING RESOLUTION NO. 1626, THE CLASSIFICATION PLAN, TO ESTABLISH THE
CLASSIFICAITONS OF ASSET MANAGEMENT PROGRAM ADMINISTRATOR AND
PURCHASING MANAGER, RECLASSIFY THE PURCHASING AGENT POSITION TO
PURCHASING MANAGER, AND APPROVE AND ADOPT AN AMENDED PAY SCHEDULE EFFECTIVE SEPTEMBER 1, 2026
WHEREAS, the City of Milpitas has a Classification Plan adopted as Resolution No. 1626 on December 17, 1968, which has been amended from time to time, and is in accordance with the Personnel Rules and Regulations of the City of Milpitas (Resolution No. 792 as amended); and
WHEREAS, amendments to the Classification Plan are necessary to account for changes within the organization, transfer of duties, new job responsibilities, and adjustments to salary ranges; and
WHEREAS, the FY2026-27 Adopted Budget included funding for the addition of one (1) full-time equivalent (FTE) Asset Management Program Administrator position in the Public Works Department, and the reclassification of one (1) FTE Purchasing Agent position to Purchasing Manager in the Finance Department; and
WHEREAS, the Human Resources Department, in conjunction with the Finance and Public Works Departments, has determined that the proposed classifications accurately describe the duties and responsibilities to be performed and that the recommended salary ranges are appropriate based on market and internal equity considerations; and
WHEREAS, the City is required to publish a publicly available approved and adopted pay schedule for all positions within the Classification Plan pursuant to Title 2 of the California Code of Regulations, 2 CCR §570.5; and
NOW THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1) The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2) Resolution No. 1626, as amended, is hereby further amended effective September 1, 2026, as set forth below.
A. APPROVE AND ADOPT THE PAY SCHEDULE “PROJECTED ALL JOB CLASSIFICATIONS/SALARY TABLE EFFECTIVE 09/01/2026”:
Adding the following classifications to the Pay Schedule:
1. Asset Management Program Administrator, with a salary range of - $129,313.34 to $181,038.78.
2. Purchasing Manager, with a salary range of $170,000.00 to $220,000.00
A pay schedule, that includes but is not limited to Classification (Position), Title, Payrate; Hourly, Bi-Weekly, Monthly and Annual Wage, is attached hereto as Exhibit C (“New Job Classifications/Salary Table effective 08/18/2026”). Exhibit A and B also reflects the new classifications job descriptions.
2 Resolution No.
PASSED AND ADOPTED this day of , 2026, 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
8/18/2026 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Effective 9/1/2026
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Accountant 50 2101 500 53.36 4,268.94 110,992.44 56.03 4,482.35 116,541.10 58.82 4,705.56 122,344.56 61.77 4,941.94 128,490.44 64.85 5,188.14 134,891.64 Accounting Technician I 50 6104 513 34.75 2,780.15 72,283.90 36.49 2,919.18 75,898.68 38.31 3,065.15 79,693.90 40.23 3,218.40 83,678.40 42.24 3,379.33 87,862.58 Accounting Technician II 50 6105 514 38.23 3,058.15 79,511.90 40.14 3,211.11 83,488.86 42.15 3,371.65 87,662.90 44.25 3,540.27 92,047.02 46.47 3,717.21 96,647.46 Administrative Analyst I 80 2102 801 45.45 3,635.80 94,530.80 - - - - - - - - - 59.83 4,786.31 124,444.06 Administrative Analyst II 80 2103 802 50.19 4,015.32 104,398.32 - - - - - - - - - 66.06 5,285.08 137,412.08 Administrative Assistant 80 6111 828 43.36 3,468.65 90,184.90 45.53 3,642.08 94,694.08 47.80 3,824.21 99,429.46 50.19 4,015.39 104,400.14 52.70 4,216.15 109,619.90 Asset Mgmt. Program Admin. 80 2131 860 62.17 4,973.59 129,313.34 - - - - - - - - - 87.04 6,963.03 181,038.78 Assistant Chief of Police 60 1405 649 121.47 9,717.91 252,665.66 - - - - - - - - - 170.06 13,605.06 353,731.56 Assistant City Attorney 60 1113 645 83.24 6,659.20 173,139.20 - - - - - - - - - 112.68 9,014.30 234,371.80 Assistant City Manager 60 1104 666 104.45 8,356.01 217,256.26 - - - - - - - - - 146.23 11,698.42 304,158.92 Assistant Dir Recr & Comm Svcs 60 1121 659 71.28 5,702.03 148,252.78 - - - - - - - - - 99.79 7,982.84 207,553.84 Assistant Engineer 50 2201 502 57.82 4,625.32 120,258.32 60.71 4,856.57 126,270.82 63.74 5,099.39 132,584.14 66.93 5,354.39 139,214.14 70.28 5,622.14 146,175.64 Assistant Finance Director 60 1109 669 75.17 6,013.41 156,348.66 - - - - - - - - - 105.24 8,418.97 218,893.22 Assistant Fire Marshal 60 2501 632 96.77 7,741.54 201,280.04 - - - - - - - - - 135.48 10,838.16 281,792.16 Assistant Planner 50 2801 503 55.44 4,435.07 115,311.82 58.21 4,656.94 121,080.44 61.11 4,888.95 127,112.70 64.17 5,133.33 133,466.58 67.38 5,390.10 140,142.60 Assistant Pool Manager 70 5609 709 22.66 1,812.80 47,132.80 - - - - - - - - - 31.57 2,525.60 65,665.60 Assistant Water Operator 20 7212 221 47.55 3,566.14 92,719.64 49.93 3,744.46 97,355.96 52.42 3,931.67 102,223.42 55.04 4,128.24 107,334.24 57.80 4,334.68 112,701.68 Assistant Water Operator - 40 20 8611 226 47.83 3,826.17 99,480.42 50.22 4,017.68 104,459.68 52.73 4,218.74 109,687.24 55.38 4,430.52 115,193.52 58.15 4,651.95 120,950.70 Associate Civil Engineer 50 2202 504 66.49 5,319.09 138,296.34 69.81 5,585.07 145,211.82 73.30 5,864.34 152,472.84 76.97 6,157.56 160,096.56 80.82 6,465.45 168,101.70 Associate Planner 50 2802 505 63.74 5,099.52 132,587.52 66.94 5,355.19 139,234.94 70.29 5,623.22 146,203.72 73.80 5,903.65 153,494.90 77.48 6,198.73 161,166.98 Budget Manager 80 1115 839 66.25 5,299.89 137,797.14 - - - - - - - - - 87.20 6,976.19 181,380.94 Building Inspection Manager 80 3809 848 69.02 5,521.25 143,552.50 - - - - - - - - - 83.89 6,711.16 174,490.16 Building Inspector Apprentice 70 8610 770 28.00 2,240.00 58,240.00 - - - - - - - - - 35.00 2,800.00 72,800.00 Building Official 60 1804 676 79.91 6,392.43 166,203.18 - - - - - - - - - 111.87 8,949.40 232,684.40 Building Permit Technician 50 5801 508 42.33 3,386.76 88,055.76 44.46 3,556.47 92,468.22 46.69 3,734.89 97,107.14 49.01 3,920.93 101,944.18 51.46 4,116.78 107,036.28 Building/NP Inspector 50 3801 507 56.11 4,488.96 116,712.96 58.92 4,713.46 122,549.96 61.86 4,949.08 128,676.08 64.96 5,196.56 135,110.56 68.20 5,456.35 141,865.10 Business Systems Analyst/Dev 80 2119 853 60.58 4,846.79 126,016.54 - - - - - - - - - 79.75 6,379.85 165,876.10 Buyer 80 2106 803 45.04 3,602.84 93,673.84 - - - - - - - - - 59.28 4,742.46 123,303.96 Case Manager 50 5612 544 37.93 3,034.56 78,898.56 - - - - - - - - - 47.34 3,787.06 98,463.56 Chief Fire Enforcement Officer 60 1505 656 79.69 6,374.90 165,747.40 - - - - - - - - - 111.56 8,924.86 232,046.36 Chief of Police 60 1402 650 127.54 10,203.49 265,290.74 - - - - - - - - - 178.56 14,284.93 371,408.18 City Attorney 60 1112 644 163.46 13,076.92 339,999.92 - - - - - - - - - 192.31 15,384.62 400,000.12 City Clerk 60 1101 605 69.07 5,525.82 143,671.32 - - - - - - - - - 96.71 7,737.02 201,162.52 City Engineer 60 1201 606 80.58 6,446.07 167,597.82 - - - - - - - - - 112.81 9,024.50 234,637.00 City Manager 60 1102 697 153.85 12,308.00 320,008.00 - - - - - - - - - 192.31 15,384.80 400,004.80 Code Enforcement Officer 50 5804 515 49.06 3,925.02 102,050.52 51.52 4,121.33 107,154.58 54.10 4,328.27 112,535.02 56.81 4,544.67 118,161.42 59.65 4,771.74 124,065.24 Communications Dispatch Superv 40 6409 456 63.79 5,103.55 132,692.30 66.98 5,358.72 139,326.72 70.33 5,626.67 146,293.42 73.85 5,908.02 153,608.52 77.54 6,203.42 161,288.92 Communications Dispatcher 40 6408 455 55.24 4,418.84 114,889.84 58.00 4,639.76 120,633.76 60.90 4,871.74 126,665.24 63.94 5,115.28 132,997.28 67.14 5,371.05 139,647.30 Community Service Officer 40 6412 460 47.61 3,808.66 99,025.16 49.99 3,999.11 103,976.86 52.49 4,199.06 109,175.56 55.11 4,409.01 114,634.26 57.87 4,629.48 120,366.48 Councilmember 60 1107 699 20.87 417.40 10,852.40 - - - - - - - - - 20.87 417.40 10,852.40 Crime Analyst 80 2105 809 54.40 4,352.39 113,162.14 - - - - - - - - - 71.61 5,729.08 148,956.08 Cross Connection Specialist 20 8626 239 49.43 3,954.49 102,816.74 52.03 4,162.61 108,227.86 54.77 4,381.70 113,924.20 57.65 4,612.31 119,920.06 60.69 4,855.06 126,231.56 Customer Services Supervisor 80 2127 847 52.76 4,220.40 109,730.40 - - - - - - - - - 69.44 5,554.97 144,429.22 Deputy City Clerk 80 6102 835 51.81 4,144.42 107,754.92 - - - - - - - - - 62.97 5,037.56 130,976.56 Deputy Director of IT 60 1123 679 82.72 6,617.56 172,056.56 - - - - - - - - - 105.93 8,474.66 220,341.16 Deputy Fire Chief 60 1504 633 121.94 9,755.03 253,630.78 - - - - - - - - - 170.71 13,657.04 355,083.04 Deputy Public Works Director 60 1207 654 80.58 6,446.07 167,597.82 - - - - - - - - - 112.81 9,024.50 234,637.00 Digital Media Specialist 80 2121 840 46.87 3,749.30 97,481.80 - - - - - - - - - 61.69 4,935.22 128,315.72 Dir of Recr & Community Svcs 60 1208 655 88.96 7,116.82 185,037.32 - - - - - - - - - 124.79 9,982.96 259,556.96 Econ Dev Dir & Strat Init 60 1206 653 88.96 7,116.82 185,037.32 - - - - - - - - - 124.79 9,982.96 259,556.96 Economic Development Coord 80 8623 852 57.17 4,573.41 118,908.66 - - - - - - - - - 70.89 5,670.98 147,445.48 Economic Development Spec 80 8606 850 54.44 4,355.25 113,236.50 - - - - - - - - - 65.72 5,257.23 136,687.98 Electrical/Building Inspector 50 3802 511 58.92 4,713.45 122,549.70 61.86 4,949.08 128,676.08 64.96 5,196.55 135,110.30 68.20 5,456.35 141,865.10 71.61 5,729.19 148,958.94 Emergency Services Coordinator 80 2502 836 60.15 4,811.86 125,108.36 - - - - - - - - - 79.16 6,333.04 164,659.04 Engineering Aide 50 3201 512 45.98 3,678.31 95,636.06 48.28 3,862.23 100,417.98 50.69 4,055.33 105,438.58 53.23 4,258.07 110,709.82 55.89 4,470.97 116,245.22 Engineering Permit Technician 50 2210 540 41.39 3,311.12 86,089.12 43.46 3,476.68 90,393.68 45.63 3,650.50 94,913.00 47.91 3,832.98 99,657.48 50.31 4,024.66 104,641.16 Entry Firefighter/EMT - 40 10 4512 115 60.69 4,855.31 126,238.06 63.73 5,098.09 132,550.34 - - - - - - - - - Entry Firefighter/EMT - 56 10 4510 112 43.35 4,855.31 126,238.06 45.52 5,098.09 132,550.34 - - - - - - - - - Entry Firefighter/Paramedic-40 10 4513 116 67.97 5,437.96 141,386.96 71.37 5,709.86 148,456.36 - - - - - - - - - Entry Firefighter/Paramedic-56 10 4511 113 48.55 5,437.96 141,386.96 50.98 5,709.86 148,456.36 - - - - - - - - - Envir & Regulatory Comply Spec 80 8624 851 58.10 4,648.22 120,853.72 - - - - - - - - - 76.48 6,118.40 159,078.40 Environmental Inspector 50 2213 553 58.92 4,713.45 122,549.70 61.86 4,949.11 128,676.86 64.96 5,196.57 135,110.82 68.20 5,456.38 141,865.88 71.61 5,729.19 148,958.94 Equip Maint Worker I - 40 20 8612 227 43.50 3,479.61 90,469.86 45.65 3,651.83 94,947.58 47.93 3,834.76 99,703.76 50.34 4,027.27 104,709.02 52.85 4,228.37 109,937.62 Equip Maint Worker II - 40 20 8613 228 47.83 3,826.17 99,480.42 50.22 4,017.68 104,459.68 52.73 4,218.74 109,687.24 55.38 4,430.52 115,193.52 58.15 4,651.95 120,950.70 Equip Maint Worker III - 40 20 8614 229 53.88 4,310.74 112,079.24 56.59 4,526.81 117,697.06 59.42 4,753.59 123,593.34 62.39 4,991.05 129,767.30 65.52 5,241.35 136,275.10 Equipment Maint. Worker I 20 7202 200 43.23 3,241.94 84,290.44 45.39 3,404.04 88,505.04 47.66 3,574.29 92,931.54 50.04 3,752.98 97,577.48 52.54 3,940.63 102,456.38 Equipment Maint. Worker II 20 7203 201 47.55 3,566.14 92,719.64 49.93 3,744.46 97,355.96 52.42 3,931.67 102,223.42 55.04 4,128.24 107,334.24 57.80 4,334.68 112,701.68 Equipment Maint. Worker III 20 7204 202 53.57 4,018.08 104,470.08 56.25 4,218.91 109,691.66 59.07 4,429.90 115,177.40 62.02 4,651.39 120,936.14 65.12 4,883.97 126,983.22 Executive Assistant 80 6117 812 47.69 3,814.97 99,189.22 50.07 4,005.75 104,149.50 52.58 4,206.03 109,356.78 55.20 4,416.32 114,824.32 57.96 4,637.14 120,565.64 FF/Paramedic Trainee - 40 10 4504 107 64.74 5,179.00 134,654.00 64.74 5,179.00 134,654.00 64.74 5,179.00 134,654.00 64.74 5,179.00 134,654.00 64.74 5,179.00 134,654.00 FF/Paramedic Trainee - 56 10 4514 155 46.24 5,179.00 134,654.00 46.24 5,179.00 134,654.00 46.24 5,179.00 134,654.00 46.24 5,179.00 134,654.00 46.24 5,179.00 134,654.00 Finance Director 60 1103 627 91.24 7,298.86 189,770.36 - - - - - - - - - 127.72 10,217.58 265,657.08 Finance Manager 60 1116 647 64.39 5,151.22 133,931.72 - - - - - - - - - 90.15 7,211.73 187,504.98 Financial Analyst I 80 2125 844 42.44 3,394.83 88,265.58 - - - - - - - - - 55.86 4,468.60 116,183.60 Financial Analyst II 80 2126 845 46.87 3,749.30 97,481.80 - - - - - - - - - 61.69 4,935.22 128,315.72 Fire Battalion Chief 10 2508 153 64.94 7,273.65 189,114.90 - - - - - - - - - 90.92 10,183.11 264,760.86 Fire Battalion Chief - 40 10 2509 154 90.92 7,273.65 189,114.90 - - - - - - - - - 127.29 10,183.11 264,760.86 Fire Captain 10 2504 100 56.84 6,365.69 165,507.94 59.68 6,683.98 173,783.48 62.66 7,018.19 182,472.94 65.80 7,369.11 191,596.86 69.09 7,737.57 201,176.82 Fire Captain - 40 10 2507 108 79.57 6,365.69 165,507.94 83.55 6,683.98 173,783.48 87.73 7,018.19 182,472.94 92.11 7,369.11 191,596.86 96.72 7,737.57 201,176.82 Fire Chief 60 1502 630 134.44 10,755.04 279,631.04 - - - - - - - - - 188.21 15,057.09 391,484.34 Fire Engineer/EMT 10 4501 102 50.12 5,613.28 145,945.28 52.62 5,893.95 153,242.70 55.26 6,188.65 160,904.90 58.02 6,498.09 168,950.34 60.92 6,822.99 177,397.74 Step A Step B Step C Step D Step E
8/18/2026 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Effective 9/1/2026
Fire Engineer/EMT - 40 10 4515 156 70.17 5,613.28 145,945.28 73.67 5,893.95 153,242.70 77.36 6,188.65 160,904.90 81.23 6,498.09 168,950.34 85.29 6,822.99 177,397.74 Fire Engineer/Paramedic 10 4505 151 56.13 6,286.88 163,458.88 58.94 6,601.23 171,631.98 61.89 6,931.30 180,213.80 64.98 7,277.88 189,224.88 68.23 7,641.77 198,686.02 Fire Prevention Inspector 10 3501 106 80.35 6,427.78 167,122.28 84.36 6,749.18 175,478.68 88.58 7,086.65 184,252.90 93.01 7,440.98 193,465.48 97.66 7,813.04 203,139.04 Fire Protection Engineer 10 3507 110 80.35 6,427.78 167,122.28 84.36 6,749.18 175,478.68 88.58 7,086.65 184,252.90 93.01 7,440.98 193,465.48 97.66 7,813.04 203,139.04 Firefighter/EMT 10 4502 103 47.79 5,352.99 139,177.74 50.18 5,620.66 146,137.16 52.69 5,901.69 153,443.94 55.33 6,196.79 161,116.54 58.09 6,506.63 169,172.38 Firefighter/EMT - 40 10 4516 157 66.91 5,352.99 139,177.74 70.26 5,620.66 146,137.16 73.77 5,901.69 153,443.94 77.46 6,196.79 161,116.54 81.33 6,506.63 169,172.38 Firefighter/EMT Trainee - 40 10 4509 109 57.80 4,624.11 120,226.86 57.80 4,624.11 120,226.86 57.80 4,624.11 120,226.86 57.80 4,624.11 120,226.86 57.80 4,624.11 120,226.86 Firefighter/Paramedic 10 4503 104 53.53 5,995.35 155,879.10 56.21 6,295.13 163,673.38 59.02 6,609.89 171,857.14 61.97 6,940.39 180,450.14 65.07 7,287.42 189,472.92 Fitness Instructor 70 5620 713 35.00 2,800.00 72,800.00 - - - - - - - - - 75.00 6,000.00 156,000.00 Fleet Maint Worker I -40 20 8615 230 41.52 3,321.69 86,363.94 43.60 3,488.16 90,692.16 45.78 3,662.30 95,219.80 48.06 3,845.18 99,974.68 50.47 4,037.94 104,986.44 Fleet Maint Worker II - 40 20 8616 231 45.67 3,653.53 94,991.78 47.96 3,836.42 99,746.92 50.35 4,028.06 104,729.56 52.87 4,229.59 109,969.34 55.51 4,440.97 115,465.22 Fleet Maint Worker III -40 20 8617 232 52.53 4,202.20 109,257.20 55.16 4,412.50 114,725.00 57.91 4,632.63 120,448.38 60.80 4,863.69 126,455.94 63.85 5,107.91 132,805.66 Fleet Maintenance Worker I 20 7207 213 41.52 3,114.09 80,966.34 43.60 3,269.77 85,014.02 45.78 3,433.28 89,265.28 48.07 3,604.88 93,726.88 50.47 3,785.15 98,413.90 Fleet Maintenance Worker II 20 7208 214 45.67 3,425.51 89,063.26 47.96 3,596.75 93,515.50 50.35 3,776.62 98,192.12 52.87 3,965.47 103,102.22 55.52 4,163.66 108,255.16 Fleet Maintenance Worker III 20 7209 215 52.52 3,939.30 102,421.80 55.15 4,136.24 107,542.24 57.91 4,343.03 112,918.78 60.80 4,560.16 118,564.16 63.84 4,788.25 124,494.50 GIS Technician 50 2212 552 57.82 4,625.32 120,258.32 60.71 4,856.57 126,270.82 63.74 5,099.43 132,585.18 66.93 5,354.37 139,213.62 70.28 5,622.16 146,176.16 Hazardous Materials Inspector 10 3502 105 80.35 6,427.78 167,122.28 84.36 6,749.18 175,478.68 88.58 7,086.65 184,252.90 93.01 7,440.98 193,465.48 97.66 7,813.04 203,139.04 Housing Official 60 1120 673 75.17 6,013.41 156,348.66 - - - - - - - - - 105.24 8,418.97 218,893.22 Human Resources Analyst I 80 2124 843 45.45 3,635.80 94,530.80 - - - - - - - - - 59.83 4,786.31 124,444.06 Human Resources Analyst II 80 2123 842 50.19 4,015.32 104,398.32 - - - - - - - - - 66.06 5,285.08 137,412.08 Human Resources Assistant 80 2108 846 32.37 2,589.95 67,338.70 33.99 2,719.35 70,703.10 35.69 2,855.32 74,238.32 37.48 2,998.11 77,950.86 39.35 3,147.98 81,847.48 Human Resources Director 60 1105 613 90.72 7,257.79 188,702.54 - - - - - - - - - 127.01 10,160.94 264,184.44 Human Resources Manager 60 1209 677 69.24 5,538.86 144,010.36 - - - - - - - - - 96.93 7,754.39 201,614.14 Human Resources Technician 80 2107 816 39.27 3,141.29 81,673.54 41.24 3,299.03 85,774.78 43.29 3,463.25 90,044.50 45.46 3,637.08 94,564.08 47.73 3,818.46 99,279.96 I T Director 60 2113 624 89.53 7,162.32 186,220.32 - - - - - - - - - 125.34 10,027.23 260,707.98 I T Manager 80 2116 819 68.42 5,473.52 142,311.52 - - - - - - - - - 90.06 7,205.16 187,334.16 I T Technician 50 3101 542 46.00 3,680.08 95,682.08 48.30 3,864.07 100,465.82 50.72 4,057.22 105,487.72 53.25 4,260.09 110,762.34 55.91 4,473.12 116,301.12 Information Technology Analyst 80 2118 831 57.56 4,604.42 119,714.92 - - - - - - - - - 75.76 6,060.77 157,580.02 Junior Engineer 50 2203 519 52.56 4,204.80 109,324.80 55.19 4,415.05 114,791.30 57.95 4,635.81 120,531.06 60.84 4,867.59 126,557.34 63.89 5,110.98 132,885.48 Junior Planner 50 2804 520 47.59 3,807.00 98,982.00 49.97 3,997.38 103,931.88 52.47 4,197.22 109,127.72 55.09 4,407.14 114,585.64 57.84 4,627.45 120,313.70 Legal Assistant 60 1124 689 42.53 3,402.58 88,467.08 44.66 3,572.71 92,890.46 46.89 3,751.36 97,535.36 49.24 3,938.91 102,411.66 51.70 4,135.84 107,531.84 Lifeguard 70 5610 710 18.50 1,480.00 38,480.00 - - - - - - - - - 25.77 2,061.60 53,601.60 Maint Worker III - 40 20 8619 234 44.72 3,577.96 93,026.96 46.96 3,757.13 97,685.38 49.31 3,944.87 102,566.62 51.78 4,142.28 107,699.28 54.37 4,349.34 113,082.84 Maintenance Assistant 20 8625 238 27.27 2,181.76 56,725.76 28.56 2,285.14 59,413.64 29.90 2,392.08 62,194.08 31.32 2,505.27 65,137.02 32.79 2,622.92 68,195.92 Maintenance Custodian I 20 8101 203 31.86 2,389.34 62,122.84 33.45 2,508.81 65,229.06 35.12 2,634.28 68,491.28 36.88 2,765.99 71,915.74 38.72 2,904.29 75,511.54 Maintenance Custodian I - 40 20 8107 222 31.86 2,548.65 66,264.90 33.45 2,676.05 69,577.30 35.12 2,809.87 73,056.62 36.88 2,950.38 76,709.88 38.72 3,097.88 80,544.88 Maintenance Custodian II 20 8102 204 35.04 2,628.34 68,336.84 36.80 2,759.72 71,752.72 38.64 2,897.73 75,340.98 40.57 3,042.53 79,105.78 42.60 3,194.70 83,062.20 Maintenance Custodian II - 40 20 8108 223 35.04 2,803.56 72,892.56 36.80 2,943.67 76,535.42 38.64 3,090.90 80,363.40 40.57 3,245.39 84,380.14 42.60 3,407.71 88,600.46 Maintenance Custodian III 20 8103 205 40.30 3,022.52 78,585.52 42.32 3,173.64 82,514.64 44.43 3,332.32 86,640.32 46.65 3,498.95 90,972.70 48.99 3,673.94 95,522.44 Maintenance Custodian III - 40 20 8618 233 40.30 3,224.24 83,830.24 42.32 3,385.21 88,015.46 44.44 3,554.96 92,428.96 46.65 3,732.37 97,041.62 48.98 3,918.55 101,882.30 Maintenance Supervisor 80 6124 858 68.52 5,481.84 142,527.84 - - - - - - - - - 83.30 6,663.72 173,256.72 Maintenance Worker I 20 8202 206 35.04 2,628.34 68,336.84 36.80 2,759.72 71,752.72 38.64 2,897.73 75,340.98 40.57 3,042.61 79,107.86 42.60 3,194.70 83,062.20 Maintenance Worker I-40 20 8203 207 35.36 2,829.11 73,556.86 37.12 2,969.65 77,210.90 38.98 3,118.79 81,088.54 40.93 3,274.35 85,133.10 42.98 3,438.50 89,401.00 Maintenance Worker II 20 8204 208 38.55 2,891.14 75,169.64 40.48 3,035.68 78,927.68 42.50 3,187.43 82,873.18 44.62 3,346.83 87,017.58 46.86 3,514.17 91,368.42 Maintenance Worker II-40 20 8205 209 38.89 3,111.27 80,893.02 40.84 3,266.84 84,937.84 42.89 3,430.99 89,205.74 45.02 3,601.56 93,640.56 47.27 3,781.80 98,326.80 Maintenance Worker III 20 8206 210 44.33 3,324.76 86,443.76 46.55 3,491.01 90,766.26 48.87 3,665.56 95,304.56 51.32 3,848.84 100,069.84 53.88 4,041.31 105,074.06 Maintenance Worker/Seasonal 70 8207 760 22.43 1,794.40 46,654.40 - - - - - - - - - 31.25 2,500.00 65,000.00 Management Analyst 80 2128 854 60.25 4,820.32 125,328.32 - - - - - - - - - 84.37 6,749.94 175,498.44 Marketing Coordinator 50 5614 548 44.67 3,573.53 92,911.78 46.90 3,752.20 97,557.20 49.25 3,939.80 102,434.80 51.71 4,136.79 107,556.54 54.30 4,343.64 112,934.64 Mayor 60 1118 696 26.09 521.88 13,568.88 - - - - - - - - - 26.09 521.88 13,568.88 Office Assistant I 50 6108 516 30.22 2,417.61 62,857.86 31.73 2,538.47 66,000.22 33.32 2,665.41 69,300.66 34.98 2,798.64 72,764.64 36.73 2,938.58 76,403.08 Office Assistant II 50 6109 517 33.24 2,659.24 69,140.24 34.90 2,792.16 72,596.16 36.65 2,931.85 76,228.10 38.48 3,078.43 80,039.18 40.40 3,232.29 84,039.54 Office Specialist 50 6110 518 38.23 3,058.11 79,510.86 40.14 3,211.07 83,487.82 42.15 3,371.65 87,662.90 44.25 3,540.27 92,047.02 46.47 3,717.21 96,647.46 PW Division Mgr. - Eng. 60 1127 692 81.20 6,495.60 168,885.60 - - - - - - - - - 101.49 8,119.50 211,107.00 PW Division Mgr. - Opr. 60 1126 691 81.20 6,495.60 168,885.60 - - - - - - - - - 101.49 8,119.50 211,107.00 PW Division Mgr. - Utl. 60 1128 693 81.20 6,495.60 168,885.60 - - - - - - - - - 101.49 8,119.50 211,107.00 Patrol Officer 40 4401 404 60.79 4,862.99 126,437.74 63.83 5,106.14 132,759.64 67.02 5,361.41 139,396.66 70.37 5,629.49 146,366.74 73.89 5,910.93 153,684.18 Patrol Officer Trainee 40 4402 458 59.48 4,758.55 123,722.30 62.45 4,996.39 129,906.14 65.58 5,246.27 136,403.02 68.86 5,508.55 143,222.30 72.30 5,783.92 150,381.92 Payroll Specialist 80 6125 859 41.62 3,329.56 86,568.56 43.70 3,496.05 90,897.30 45.89 3,670.83 95,441.58 48.18 3,854.40 100,214.40 50.59 4,047.05 105,223.30 Plan Check Engineer 50 3807 521 68.04 5,443.28 141,525.28 71.44 5,714.87 148,586.62 75.01 6,001.02 156,026.52 78.76 6,300.57 163,814.82 82.75 6,619.74 172,113.24 Plan Checker 50 3803 522 58.02 4,641.57 120,680.82 60.92 4,873.60 126,713.60 63.97 5,117.69 133,059.94 67.16 5,372.82 139,693.32 70.53 5,642.22 146,697.72 Plan Review Manager 60 1210 678 75.47 6,037.85 156,984.10 - - - - - - - - - 98.16 7,852.79 204,172.54 Planning Commissioners 70 1108 698 1.00 20.00 520.00 - - - - - - - - - 1.00 20.00 520.00 Planning Director 60 1803 607 90.84 7,267.30 188,949.80 - - - - - - - - - 127.18 10,174.23 264,529.98 Planning Manager 60 2803 602 69.24 5,538.86 144,010.36 - - - - - - - - - 96.93 7,754.39 201,614.14 Planning Technician 50 2813 554 42.33 3,386.76 88,055.76 44.46 3,556.47 92,468.22 46.69 3,734.89 97,107.14 49.01 3,920.93 101,944.18 51.46 4,116.78 107,036.28 Police Assistant 40 6401 450 56.12 4,489.30 116,721.80 58.92 4,713.70 122,556.20 61.87 4,949.38 128,683.88 64.96 5,196.89 135,119.14 68.21 5,456.73 141,874.98 Police Captain 60 1401 651 115.69 9,254.80 240,624.80 - - - - - - - - - 161.96 12,956.67 336,873.42 Police Clerk I 40 6402 451 40.22 3,217.86 83,664.36 42.23 3,378.79 87,848.54 44.35 3,547.70 92,240.20 46.56 3,725.10 96,852.60 48.89 3,911.27 101,693.02 Police Clerk II 40 6403 452 44.24 3,539.58 92,029.08 46.46 3,716.66 96,633.16 48.78 3,902.47 101,464.22 51.22 4,097.63 106,538.38 53.78 4,302.42 111,862.92 Police Clerk Supervisor 40 6404 454 51.10 4,088.31 106,296.06 53.66 4,292.76 111,611.76 56.34 4,507.34 117,190.84 59.16 4,732.74 123,051.24 62.12 4,969.35 129,203.10 Police Evidence Technician 40 8607 459 46.92 3,753.81 97,599.06 49.27 3,941.48 102,478.48 51.73 4,138.58 107,603.08 54.32 4,345.54 112,984.04 57.04 4,562.80 118,632.80 Police Lieutenant 40 2402 400 93.24 7,459.11 193,936.86 97.90 7,832.07 203,633.82 102.80 8,223.71 213,816.46 107.94 8,634.91 224,507.66 113.33 9,066.64 235,732.64 Police Officer 40 4403 403 66.47 5,317.72 138,260.72 69.80 5,583.69 145,175.94 73.29 5,862.85 152,434.10 76.95 6,155.94 160,054.44 80.80 6,463.81 168,059.06 Police Officer Trainee 40 4404 457 65.04 5,203.52 135,291.52 68.30 5,463.74 142,057.24 71.71 5,736.98 149,161.48 75.30 6,023.77 156,618.02 79.06 6,324.98 164,449.48 Police Sergeant 40 4405 401 80.30 6,423.96 167,022.96 84.31 6,745.16 175,374.16 88.53 7,082.41 184,142.66 92.96 7,436.63 193,352.38 97.61 7,808.46 203,019.96 Police Support Services Mgr 60 1404 657 67.15 5,371.73 139,664.98 - - - - - - - - - 94.01 7,520.76 195,539.76 Pool Manager 70 5608 708 23.72 1,897.60 49,337.60 - - - - - - - - - 33.05 2,644.00 68,744.00 Principal Civil Engineer 80 2204 822 71.91 5,752.43 149,563.18 - - - - - - - - - 93.52 7,481.55 194,520.30 Principal Planner 80 2811 823 74.14 5,930.89 154,203.14 - - - - - - - - - 89.79 7,183.23 186,763.98 Program Coordinator 50 5606 523 41.66 3,332.62 86,648.12 - - - - - - - - - 54.83 4,386.73 114,054.98 Public Information Officer 60 1122 674 66.64 5,331.16 138,610.16 - - - - - - - - - 93.30 7,463.65 194,054.90 Public Services Assistant I 50 6601 524 34.75 2,780.15 72,283.90 36.49 2,919.18 75,898.68 38.31 3,065.18 79,694.68 40.23 3,218.42 83,678.92 42.24 3,379.33 87,862.58
8/18/2026 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Effective 9/1/2026
Public Services Assistant II 50 6602 525 38.23 3,058.15 79,511.90 40.14 3,211.11 83,488.86 42.15 3,371.64 87,662.64 44.25 3,540.29 92,047.54 46.47 3,717.21 96,647.46 Public Works Director 60 1204 635 93.41 7,472.66 194,289.16 - - - - - - - - - 130.77 10,461.76 272,005.76 Public Works Inspector 50 3202 526 56.11 4,488.96 116,712.96 58.92 4,713.46 122,549.96 61.86 4,949.08 128,676.08 64.96 5,196.56 135,110.56 68.20 5,456.35 141,865.10 Public Works Manager 60 1117 648 62.17 4,973.59 129,313.34 - - - - - - - - - 87.04 6,963.03 181,038.78 Purchasing Manager 60 1129 695 81.73 6,538.46 170,000.00 - - - - - - - - - 105.77 8,461.54 220,000.00 Recreation Administrative Asst 70 5619 712 18.50 1,480.00 38,480.00 - - - - - - - - - 25.77 2,061.60 53,601.60 Recreation Attendant 70 5618 711 18.50 1,480.00 38,480.00 - - - - - - - - - 25.77 2,061.60 53,601.60 Recreation Instructors 70 5607 707 18.82 1,505.60 39,145.60 - - - - - - - - - 37.64 3,011.20 78,291.20 Recreation Leader 70 5617 706 18.50 1,480.00 38,480.00 - - - - - - - - - 25.77 2,061.60 53,601.60 Recreation Services Supervisor 80 2601 827 56.71 4,536.45 117,947.70 - - - - - - - - - 74.63 5,970.57 155,234.82 Recreation Svcs Assistant I 50 8601 527 19.64 1,571.46 40,857.96 20.63 1,650.01 42,900.26 21.66 1,732.57 45,046.82 22.74 1,819.16 47,298.16 23.88 1,910.16 49,664.16 Recreation Svcs Assistant II 50 8602 528 23.32 1,865.82 48,511.32 24.49 1,959.32 50,942.32 25.72 2,057.24 53,488.24 27.00 2,160.15 56,163.90 28.35 2,268.10 58,970.60 Recreation Svcs Assistant III 50 8603 529 26.81 2,144.74 55,763.24 28.15 2,251.92 58,549.92 29.56 2,364.52 61,477.52 31.03 2,482.73 64,550.98 32.59 2,606.92 67,779.92 Recreation Svcs Assistant IV 50 8604 530 31.45 2,516.34 65,424.84 33.03 2,642.15 68,695.90 34.68 2,774.24 72,130.24 36.41 2,912.97 75,737.22 38.23 3,058.61 79,523.86 Retired Annuitant - Extra Help 70 5107 747 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Retired Annuitant - Interim 70 5108 748 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Risk Analyst 80 2130 857 46.87 3,749.30 97,481.80 - - - - - - - - - 61.69 4,935.22 128,315.72 SCADA Technician 20 8627 240 50.39 4,031.01 104,806.26 53.04 4,243.18 110,322.68 55.83 4,466.51 116,129.26 58.77 4,701.58 122,241.08 61.86 4,949.04 128,675.04 Senior Accountant 80 2110 829 52.76 4,220.40 109,730.40 - - - - - - - - - 69.44 5,554.97 144,429.22 Senior Accounting Technician 50 6106 539 42.05 3,363.97 87,463.22 44.15 3,532.20 91,837.20 46.36 3,708.80 96,428.80 48.68 3,894.28 101,251.28 51.11 4,088.95 106,312.70 Senior Administrative Analyst 80 2112 834 58.27 4,661.58 121,201.08 - - - - - - - - - 76.70 6,136.28 159,543.28 Senior Building Inspector 50 3804 531 64.81 5,184.71 134,802.46 68.05 5,444.02 141,544.52 71.45 5,716.18 148,620.68 75.02 6,001.95 156,050.70 78.78 6,302.08 163,854.08 Senior Buyer 80 2129 856 56.00 4,479.68 116,471.68 - - - - - - - - - 68.17 5,453.86 141,800.36 Senior Executive Assistant 80 6123 855 50.19 4,015.32 104,398.32 - - - - - - - - - 66.06 5,285.08 137,412.08 Senior HR Analyst 80 2122 841 54.41 4,352.42 113,162.92 - - - - - - - - - 71.61 5,729.08 148,956.08 Senior Plan Check Engineer 50 3806 534 74.85 5,987.61 155,677.86 78.59 6,287.15 163,465.90 82.52 6,601.23 171,631.98 86.64 6,930.95 180,204.70 90.97 7,277.42 189,212.92 Senior Planner 80 2805 830 67.96 5,437.08 141,364.08 - - - - - - - - - 82.61 6,608.98 171,833.48 Senior Public Works Inspector 50 3203 535 64.81 5,184.75 134,803.50 68.05 5,444.02 141,544.52 71.45 5,716.19 148,620.94 75.02 6,001.95 156,050.70 78.78 6,302.08 163,854.08 Senior Public Works Lead 20 8609 225 59.29 4,743.18 123,322.68 62.25 4,980.34 129,488.84 65.37 5,229.36 135,963.36 68.64 5,490.81 142,761.06 72.07 5,765.51 149,903.26 Senior SCADA Technician 20 8628 241 55.43 4,434.12 115,287.12 58.34 4,667.50 121,355.00 61.41 4,913.15 127,741.90 64.65 5,171.74 134,465.24 68.05 5,443.94 141,542.44 Special Project Associate 70 5105 750 20.00 1,600.00 41,600.00 - - - - - - - - - 50.00 4,000.00 104,000.00 Sr Code Enforcement Officer 50 5806 545 57.58 4,606.19 119,760.94 60.44 4,835.59 125,725.34 63.48 5,078.03 132,028.78 66.65 5,332.31 138,640.06 69.98 5,598.37 145,557.62 Sr. City Manager Analyst 60 1125 694 66.85 5,348.08 139,050.08 - - - - - - - - - 86.66 6,932.69 180,249.94 Sr. Public Services Assistant 50 5615 549 42.64 3,411.17 88,690.42 44.77 3,581.73 93,124.98 47.01 3,760.81 97,781.06 49.36 3,948.86 102,670.36 51.83 4,146.30 107,803.80 Sr. Special Projects Associate 70 5106 749 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Staff Assistant 70 5104 745 18.50 1,480.00 38,480.00 - - - - - - - - - 28.57 2,285.60 59,425.60 Student Intern 70 5103 740 18.50 1,480.00 38,480.00 - - - - - - - - - 30.00 2,400.00 62,400.00 Water Meter Technician I 20 8104 216 35.04 2,628.23 68,333.98 36.80 2,759.72 71,752.72 38.64 2,897.71 75,340.46 40.57 3,042.53 79,105.78 42.60 3,194.69 83,061.94 Water Meter Technician I -40 20 8620 235 35.05 2,803.66 72,895.16 36.80 2,943.85 76,540.10 38.63 3,090.61 80,355.86 40.56 3,245.02 84,370.52 42.60 3,408.22 88,613.72 Water Meter Technician II 20 8105 217 38.55 2,891.14 75,169.64 40.48 3,035.66 78,927.16 42.50 3,187.41 82,872.66 44.62 3,346.80 87,016.80 46.86 3,514.17 91,368.42 Water Meter Technician II -40 20 8621 236 38.55 3,084.02 80,184.52 40.48 3,238.46 84,199.96 42.49 3,399.45 88,385.70 44.63 3,570.30 92,827.80 46.86 3,748.82 97,469.32 Water Systems Operator 20 7211 219 53.57 4,018.07 104,469.82 56.25 4,218.55 109,682.30 59.07 4,429.89 115,177.14 62.02 4,651.39 120,936.14 65.12 4,883.97 126,983.22 Water Systems Operator - 40 20 8622 237 53.88 4,310.74 112,079.24 56.59 4,526.81 117,697.06 59.42 4,753.59 123,593.34 62.39 4,991.05 129,767.30 65.52 5,241.35 136,275.10 The City pays employees on a bi-weekly basis (every two weeks). Please note that annual amounts are generated using a formula and may not reflect exact totals due to rounding.
Union Code Union Description
10 IAFF - International Association of Firefighters
20 MEA - Milpitas Employee Association
40 MPOA - Milpitas Police Officers Association
50 Pro-Tech - Milpitas Professional and Technical Group 60 Unrep - Unrepresented
70 Temps - Temporary
80 Mid-Con - UPEC Mid-Mgmt-Confidential Unit
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize the City Manager, or Designee, to Negotiate and Execute an Agreement with CentralSquare Technologies, LLC for Maintenance and Support of the City’s Public Safety Computer Aided Dispatch System and Related Software (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586- 3111; and Daniel Nam, Information Technology Director, 408-586-2712) Category: Consent Calendar-Leadership and Support Services Meeting Date: 9/1/2026
Recommendation: Authorize the City Manager, or designee, to negotiate and execute an agreement with CentralSquare Technologies, LLC for ongoing maintenance and support of the City’s Public Safety Computer Aided Dispatch System and related software with a term of September 1, 2026 through June 30, 2031, a first-year maximum cost of $143,201, and a total not-to-exceed cost of $831,464 for the full five-year term, subject to the annual appropriation of funds, with the agreement including a payment for FirstTwo visual intelligence platform services retroactive to July 1, 2026.
BACKGROUND:
A Computer Aided Dispatch (CAD) system is used by public safety dispatchers to log calls and incident details, assign resources, and facilitate communication with first responders. A CAD system is vital for the efficient delivery of police and fire services to the community. Due to the complex nature of the system, routine software updates, maintenance, and support are imperative to ensuring performance and reliable operation.
In 2003, the City of Milpitas competitively evaluated CAD software packages and subsequently selected and entered into an agreement with Tritech Software Systems, Inc. as the best value vendor. Tritech Software Systems, Inc. was acquired by CentralSquare Technologies, LLC (CentralSquare) in 2018.
On July 31, 2026, pursuant to Municipal Code Sections I-2-3.14 (Standardization) and I-2-3.06 (Sole Source Procurement), which allow the Purchasing Agent to award a contract for a specific product without competition after conducting a good faith review, the Purchasing Agent approved a standardization and sole source request for CentralSquare’s CAD system and related software through June 30, 2031. The standardization was approved as the Purchasing Agent determined that changing from the current CAD system at this time would impact interoperability with other City systems, would be cost prohibitive for the City in terms of time requirements, available staff resources, and available currently budgeted funds, and would result in a significant impact to public safety operations without sufficient planning. The sole source was approved as the Purchasing Agent determined that CentralSquare, as the software developer and owner of this proprietary software, is the only vendor that provides ongoing software updates, support, and maintenance required to ensure that the software continues to operate efficiently.
On October 17, 2023, the City Council authorized staff to enter into a three-year agreement with CentralSquare for ongoing maintenance and support of the CAD system. That agreement expires on August 31, 2026.
ANALYSIS:
With the current agreement expiring soon, staff negotiated pricing with CentralSquare for a new contract to ensure no interruption in services. In the new contract, staff recommend consolidating the vendor’s FirstTwo visual intelligence platform currently used by dispatchers and officers, integrating real-time GPS mapping and other law enforcement intelligence data accessible via a variety of technology devices. The City has previously purchased this platform through a separate contract, but as FirstTwo was recently purchased by CentralSquare, this related platform will be consolidated with the new contract if approved by City Council. The
City's existing FirstTwo agreement expired on June 30, 2026. That agreement will be terminated upon execution of the new agreement, and the City will not make duplicate payments for any period covered by both agreements.
Based on staff negotiations and the City's commitment to a five-year term, the vendor agreed to the following pricing:
Term Enterprise CAD1
% increase over
previous term FirstTwo
Total Not
to Exceed1
9/1/2025 - 8/31/2026
(last year of current contract)2
$145,510
9/1/2026 - 6/30/2027 (pro-rated for CAD) $132,400 9.2%3
7/1/2026 - 6/30/20274 $10,800 $143,201
7/1/2027 - 6/30/2028 $158,881 0% $10,800 $169,681
7/1/2028 - 6/30/2029 $160,460 1% $10,800 $171,260
7/1/2029 - 6/30/2030 $162,055 1% $10,800 $172,855
7/1/2030 - 6/30/2031 $163,666 1% $10,800 $174,466
1. Amounts are rounded to nearest whole dollar.
2. Vendor provided fixed pricing at the same rate each year of the current contract.
3. This rate is calculated based on a full year’s costs even though the amount to be paid is pro-rated for 10 months.
4. FirstTwo services begin two months prior to the recommended start of this contract, and payment will be retroactive to cover the full year beginning July 1, 2026 as the City is already receiving the services. The CAD fees for the first year are pro-rated to co-term with the term of FirstTwo.
Although the increase for the Enterprise CAD system from September 1, 2026 to June 30, 2027 is 9% over the previous year, the vendor agreed to hold that same price for the following year and limited the increase for the last three years of the new contract to 1% per year, which is significantly below the final demand Producer Price Index of 5.5% for the year ending June 2026 and below the range of annual increases the City has seen across comparable public safety software maintenance agreements. The price for the FirstTwo platform will remain fixed each year for the full term of the new agreement at $10,800 per year. Total maximum costs through June 30, 2027 will be $143,201, and the total contract not-to-exceed amount for the full five-year term of the new contract is $831,464, which will be subject to the appropriation of funds after the current fiscal year.
Over the full term, the Enterprise CAD annual rate increases from $145,510 to $163,666, an average annual increase of 2.4 percent.
POLICY ALTERNATIVE(S):
Alternative 1: Do not authorize the City Manager, or designee, to negotiate and execute a new agreement.
Pros: The City would not incur the cost for these services.
Cons: The City would have to operate this mission-critical software without ongoing support and maintenance.
This would not allow the City to keep the CAD system updated, address security vulnerabilities, and obtain technical support as required, which could significantly affect the efficient delivery of public safety services.
Reason for Not Recommending: The recommended agreement for maintenance and support of the CAD system will help ensure that the system operates reliably to facilitate the City’s provision of police and fire services to the community.
PROJECT SCHEDULE/KEY MILESTONES
Following approval of this recommendation, staff will negotiate and execute a new agreement with CentralSquare by September 1, 2026.
FISCAL IMPACT:
Sufficient funds are available in the Information Technology Department's FY2026-27 Adopted Operating Budget (General Fund) to cover the $143,201 in expenditures under this Agreement for the current fiscal year.
The total not-to-exceed amount for the five-year term is $831,463. Funding for subsequent fiscal years of the five-year term will be included in the Department's base operating budget request, subject to appropriation by the City Council through the annual budget adoption process.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b).
ATTACHMENT(S):
None.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Waive the Second Reading and Adopt Ordinance No. 38.863 to Amend the Milpitas Municipal Code Title XIII, Chapters B.6, B.8, C.10, and E.4 Relating to the Regulation of Tobacco Retailers (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Category: Consent Calendar-Community Development
Meeting Date: 9/1/2026
Recommendation: Determine that the ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) and, as a separate and independent basis, exempt pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption); waive the reading beyond the title; and adopt Ordinance No. 38.863 amending the Milpitas Municipal Code Title XIII, Chapters B.6, B.8, C.10, and E.4 relating to the regulation of tobacco retailers (P-ZA26-0001).
BACKGROUND:
The City has pursued tobacco retail regulation since 2020, when it executed a grant agreement of $37,560 with the Santa Clara County Public Health Department (PHD) to explore tobacco prevention policies to reduce youth access and exposure to tobacco products. On March 29, 2024, the City was awarded a subsequent grant of $22,997 from the PHD Tobacco-Free Communities Program specifically to reduce the density of tobacco retailers and their location near schools within the city.
At the June 10, 2026 public hearing, the Planning Commission adopted Resolution No. 26-004 by a vote of 6 Ayes, 0 Noes and 1 Absent, recommending that the City Council approve Zoning Amendment ZA26-0001.
This Ordinance was introduced at the City Council meeting held on August 11, 2026, following a duly noticed public hearing. The proposed Ordinance amends Milpitas Municipal Code Title XIII, Chapters B.6, B.8, C.10, and E.4 to establish buffer requirements for new tobacco retailers, prohibit the sale of flavored tobacco products citywide, require a Minor Conditional Use Permit (MCUP) for accessory tobacco retail sales in the zones where that use is allowed, and prohibit tobacco retailing at pharmacies.
ANALYSIS:
Waiving the second reading is commonplace for ordinances previously considered by the Council and returning for adoption without substantive changes from the initial introduction. No substantive changes have been made to the Ordinance since its introduction on August 11, 2026. The Ordinance is now ready for its second reading and adoption.
The proposed Ordinance addresses specific gaps in local regulation by establishing clear spatial and operational standards for tobacco retailers in Milpitas. There are currently 40 tobacco retailers within the City, the majority of which are liquor stores, gas stations, and grocery stores, with three standalone smoke/tobacco shops. Areas of high concentration of tobacco retailers exist along N. Milpitas Blvd and Dixon Landing Road, north of W. Calaveras Blvd adjacent to I-880, and at E. Calaveras Blvd and S. Park Victoria Dr.
The proposed Ordinance includes the following key amendments to Title XIII of the Milpitas Municipal Code:
• Add Section C.10.225 (Smoke/Tobacco Uses) to Chapter C.10 to establish proximity limits for all tobacco retailers to schools (1,000 feet) and any other tobacco retailer (500 feet), prohibit the sale of
flavored tobacco products, and establish application procedures for Minor Conditional Use Permits and performance standards for all tobacco retailers.
• Amend Table B.6.020-A (Commercial Zones Use Regulations) to add “Retail, Accessory Tobacco Product Sales” as a new use requiring a Minor Conditional Use Permit in the C1, C2, and HS zones, and to include a reference to the new subsection for smoke/tobacco shops. • Amend Table B.8.020-A (Mixed Use Zones Use Regulations) to add “Retail, Accessory Tobacco Product Sales” as a new use requiring a Minor Conditional Use Permit in the MXD3, NCMU, and TC zones, and to include a reference to the new subsection for smoke/tobacco shops. • Amend Chapter E.4 to add definitions for “electronic smoking device,” “tobacco accessories or paraphernalia,” “tobacco product,” and “tobacco retailer,” and to amend the existing definition of “smoke/tobacco shop”.
• Prohibit the issuance of any permit authorizing tobacco retailing at a location where the profession of pharmacy is practiced by a licensed pharmacist and prescription drugs are offered for sale.
The Ordinance is consistent with and conforms to the goals and policies of the Milpitas General Plan 2040, specifically Community Health and Wellness Policies CHW 1-1, CHW 7-2, and Action CHW-7e. The Ordinance is also consistent with the Gateway-Main Street Specific Plan and the Milpitas Metro Specific Plan.
POLICY ALTERNATIVE(S):
Not applicable. The Council considered policy alternatives at the time of the first reading on August 11, 2026.
This item is presented for second reading and adoption only. No new policy alternatives are presented at this time.
PROJECT SCHEDULE/KEY MILESTONES
The following timeline outlines the key steps for implementation:
• Upon adoption, the ordinance takes effect 30 days after the second reading, in accordance with Government Code Section 36937.
• Following adoption, City staff will finalize educational and informational materials for distribution to all affected businesses.
• Outreach to existing tobacco retailers and other stakeholders will commence immediately after ordinance adoption.
• The Planning Department, in coordination with the IT Department, will update the City's Geographic Information System (GIS) to reflect new buffer zones and eligible retail locations. Concurrently, staff training sessions will be conducted to ensure consistent application of the ordinance and effective permit review.
• The revised permitting process for new tobacco retailers, including the Minor Conditional Use Permit (MCUP) and Conditional Use Permit (CUP) requirements, will be operational within 30 days of the second reading of the ordinance.
FISCAL IMPACT:
The proposed ordinance has a limited fiscal impact on the General Fund. Development and initial implementation costs are covered by grant funding, and ongoing permit review is fee-supported. The City has secured a grant award of $22,997 from the Santa Clara County Public Health Department to support the development and initial implementation of the Tobacco Retail Buffer Ordinance. Of the $22,997 awarded, approximately $17,556 remains unexpended as of July 31, 2026, and the grant term expires December 31, 2026. Remaining grant funds are appropriated in the Planning Department's FY2026-27 budget.
New tobacco retailers seeking to sell accessory tobacco products would be required to obtain a Minor Conditional Use Permit at the adopted in the City's User and Regulatory Fee Schedule, currently $1,526, which is set to recover the cost of review. Given the limited number of eligible sites under the proposed buffers, no material fee revenue is anticipated. Ongoing administrative and enforcement responsibilities related to the ordinance are expected to be absorbed within existing departmental resources.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
Pursuant to Section 15061(b)(3) of the California Code of Regulations (CEQA Guidelines), the introduction and adoption of this ordinance is not subject to review under CEQA (Common Sense Exemption). As a separate
and independent basis, the project is also exempt from further environmental review under CEQA Guidelines Section 15183 (Project Consistent with Community Plan, General Plan, or Zoning). The Milpitas General Plan 2040 Environmental Impact Report was certified by the City Council on March 9, 2021. There are no project- specific significant effects that are peculiar to the project or its site.
ATTACHMENT(S):
(a) Ordinance No. 38.863
REGULAR
NUMBER: 38.863
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS
AMENDING THE MILPITAS MUNICIPAL CODE TITLE XIII,
CHAPTERS B.6, B.8, C.10, AND E.4 RELATING TO THE REGULATION
OF TOBACCO RETAILERS
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of August 11, 2026, upon motion by Councilmember Hon Lien 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 M. Curtis, City Attorney
RECITALS AND FINDINGS:
WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, tobacco use remains the number one preventable cause of death and disease in California, causing nearly 40,000 deaths in California every year. More than 22% of all adult cancer deaths in California are attributable to smoking; and WHEREAS, in Santa Clara County (“County”), one in eight deaths annually is attributed to smoking-related illness or diseases, such as cancer, heart disease, and respiratory diseases; and WHEREAS, in 2019-20, 25.3% of Santa Clara County high school students had used a tobacco product and 8.6% used tobacco in the last 30 days. E-cigarettes are the most popular tobacco product, with 23.0% of high school students having used them and 7.7% being current users; and
WHEREAS, in August 2020, the state of California adopted SB 793, which prohibits the sale of most flavored tobacco products. SB 793 specifically provides that a municipality may adopt a stricter local ordinance; and
WHEREAS, in September 2024, the state of California adopted AB 3218, which requires the creation of Unflavored Tobacco List by the California Attorney General to clearly define which products are legally allowed to be sold by retailers, wholesalers, distributors and delivery sellers in California; and
WHEREAS, mentholated and flavored products have been shown to be “starter” products for youth who begin using tobacco, helping to establish tobacco habits that can lead to long-term addiction; and
WHEREAS, studies show that youth believe flavored tobacco products are safer and less addictive than non-flavored varieties; and
WHEREAS, the vast majority of current Santa Clara County teen tobacco users report using a flavored tobacco product (93.1%), with flavored vape and hookah use being the highest (96.3% and 83.4%, respectively); and
WHEREAS, in 2019, more than 86% of Santa Clara County tobacco retailers near schools sold flavored non-cigarette tobacco products, such as e-cigarettes; and WHEREAS, more than half of Santa Clara County teens who currently vape reported purchasing their own vaping product (52.9 percent), with over 1 in 5 of this group saying they buy them directly from a store. Among those who purchase their vaping products in a store, 71 percent purchased them at a tobacco shop, smoke shop, or vape shop; and WHEREAS, by selling tobacco products, pharmacies reinforce positive social perceptions of smoking, convey tacit approval of tobacco use, and send a message that it is not so dangerous to smoke; and
WHEREAS, tobacco-free pharmacy sales policies decrease the availability of tobacco products by reducing tobacco retailer density by up to three times compared with communities that do not have such policies; and
WHEREAS, research indicates that the density and proximity of tobacco retailers increase smoking behaviors. In particular, children are more likely to smoke when they live or go to school in neighborhoods with a high density of tobacco retailers; and WHEREAS, state law prohibits the sale of tobacco products to anyone under the age of 21 and requires all tobacco retailers to be licensed by the Department of Tax and Fee Administration; and
WHEREAS, this ordinance seeks to adopt tobacco prevention strategies that have been shown to reduce youth access and exposure to tobacco products; and WHEREAS, this ordinance would prohibit new businesses from selling tobacco near schools and reduce tobacco density; and
WHEREAS, this ordinance and the regulations adopted herein are a lawful exercise of the City’s zoning and police powers and are necessary for the preservation of the public health, safety, and welfare, including to protect against preventable nicotine deaths and addiction, reduce tobacco related deaths and addiction among the youth and the consequent long-term public health and societal costs associated thereto, encourage responsible tobacco retailing, and discourage the violation of laws and regulations governing the sale of tobacco products; and WHEREAS, the Planning Commission is an advisory body to the City Council; and WHEREAS, the City Council is the final authority on General Plan, Specific Plan, and Zoning amendments, including amendments to the Zoning Ordinance; and WHEREAS, on June 10, 2026, the Planning Commission held a duly noticed public hearing and having duly considered testimony and written materials provided recommended the adoption of this ordinance to the City Council; and
WHEREAS, on August 11, 2026, the City Council held a lawfully-noticed public hearing and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof beyond the title.
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 XIII, CHAPTER B.6, SECTION B.6.020, TABLE B.6.020-A
Title XIII, Chapter B.6, Section B.6.020, Table B.6.020-A (Commercial Zones Use Regulations) of the Milpitas Municipal Code is hereby amended to read as follows:
Table B.6.020-A: Commercial Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use CO C1 C2 HS Additional Regulations
Commercial Uses
Adult-Oriented Business - - - MCS C.10.040 (Adult-Oriented Businesses)
Animal Care and Services
Kennel - - C -
Pet Day Care and Sales - P P P
Veterinary Clinic C P P P
Veterinary Hospital or
Services - C P P
Milpitas Municipal Code Section
V-210-11 (Permits for Animal
Facilities and Animal Adoption
Organizations)
Commissary or Catering P P P P n/a
Drive-Through Facility - C C C Section C.10.090 (Drive-Through Facilities)
Eating and Drinking Establishment
Bar or Nightclub - - C C
Microbreweries - - MC MC
Section C.10.100 (Eating and
Drinking Establishments)
Mobile Food Park MCS MCS MCS MCS
Mobile Food Vending
(Individual Vehicle) P P P P
Section C.10.170 (Mobile Food
Vending)
Restaurant
Restaurant, Full
Service C 1 P P P
Restaurant, Limited
Service C P P P
Restaurant with
Alcohol Service - MC MC MC
Section C.10.100 (Eating and
Drinking Establishments)
Entertainment and Recreation, Commercial
Commercial Athletic Facility - C MCS MCS n/a
Indoor Entertainment - - P P n/a
Indoor Sports and
Recreation - C P P n/a
Outdoor Entertainment - - C C n/a
Outdoor Sports and
Recreation - C C C n/a
Table B.6.020-A: Commercial Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use CO C1 C2 HS Additional Regulations
Financial Institution
Bank and Credit Union P P P P n/a
Check Cashing Business - - MCS MCS n/a
Pawnbroker - - MCS MCS n/a
Food and Beverage Retail Sales
Alcoholic Beverage Sales C 1 C C C n/a
Convenience Store - C C C n/a
Grocery Store, Large - P P p n/a
Grocery Store, Small - P P p n/a
Home Occupation - - - P Section C.10.130 (Home
Occupations)
Hospital C - C C n/a
Lodging
Hotel - - P P n/a
Motel - - C P n/a
Medical Support Laboratory P C C C n/a
Offices
Business and Professional
Office P p p p n/a
Medical Office/Clinic P P P - n/a
Retail
Firearms Dealer - - C C n/a
Large Format Retail - - P P n/a
Nursery and Garden Center - - P P n/a
Retail, Limited MCS P P P n/a
Retail, Accessory Tobacco
Product Sales - MCS MCS MCS Section C.10.225
(Smoke/Tobacco Uses)
Retail Store, General
Merchandise - P P p n/a
Smoke/Tobacco Shop - C C C n/a Section C.10.225
(Smoke/Tobacco Uses)
Services
Business Support Services - - P P n/a
Maintenance and Repair
Services - - P P n/a
Table B.6.020-A: Commercial Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use CO C1 C2 HS Additional Regulations
Massage Establishment - - MC MC
Massage Establishment,
Accessory - - MCS MCS
Section C.10.160 (Massage
Establishments)
Personal Services 2 - P P P n/a
Repair/Cleaning/General
Services, Small - P P P n/a
Vehicle-Related Uses
Auto Broker MCS MCS MCS - Section C.10.070 (Auto Broker) Commercial Fueling Facility - - - C n/a
Fleet-Based Service - - MCS P n/a
Mobile Fueling 3 P/- P/- P/- P/- Milpitas Municipal Code Chapter V-300 (Fire Code)
Service Station C C P P Section C.10.190 (Service
Stations and Car Washes)
Vehicle Rental - - P P n/a
Vehicle Repair and Maintenance
Major - - C MCS n/a
Minor - - MCS P n/a
Vehicle Sales, Limited - - MCS - n/a
Vehicle Sales and Leasing - - C C n/a
Vehicle Washing - - C C Section C.10.190 (Service
Stations and Car Washes)
Industrial Uses
Custom and Artisan
Manufacturing - - MCS - n/a
Data Center C - - - n/a
Mini-Storage or Self-Storage - - C C n/a
Recycling Facility
Collection Facility - - MCS P n/a
Public, Institutional, and Recreational Uses
Child Care
Child Care Center MC MC MC MC
Section C.10.140 (Large Family
Child Care and Child Care
Centers)
Table B.6.020-A: Commercial Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use CO C1 C2 HS Additional Regulations
Civic/Government P P P - n/a
Community Assembly
Major C C C C n/a
Minor P P P p n/a
Community Garden P P P P n/a
Educational Institution
Trade and Vocational
School C - P P n/a
Farmers' Market - MCS MCS MCS Section C.10.120 (Farmers’ Markets)
Funeral Parlor and Mortuary - - C C n/a
Instruction Services
Group MCS MCS MCS MCS n/a
Private/Small Group P P P P n/a
Library/Museum - P P - n/a
Park/Playground P P P P n/a
Public Utility - - - C n/a
Resilience Hub P P P -
See Subsection C.10.230.D.6
regarding Temporary Resilience
Hubs.
Transportation Passenger
Terminal/Facility - - C C n/a
Wireless Telecommunications
Facility See Section C.10.240 (Wireless Telecommunications Facilities).
Residential Uses
Emergency Shelter - - P P Section C.10.110 (Emergency
Shelters)
Single-Room Occupancy
Residences - - - C Section C.10.220 (Single Room
Occupancy Residences)
Unclassified Uses
Accessory Use P P P P n/a
Parking Lot 4 MCS MCS MCS P n/a
Parking Structure 4 C C MCS P n/a
Table B.6.020-A: Commercial Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use CO C1 C2 HS Additional Regulations
Temporary Use See Section C.10.230 (Temporary Uses and Structures) Table Notes:
1 When intended to serve the occupants and patrons of the primary use and conducted from within the building. Entrance to the use must be provided internally or within the building, and no exterior display of advertising is allowed. 2 When located on the ground floor, retail sales of products related to the personal services provided must be offered at the front of the premises near the pedestrian entrance and must comprise at least 10% of the floor area of the business establishment.
3 Mobile fueling is permitted when fueling service is ordered by an individual vehicle owner and the amount of fuel dispensed as part of any individual order does not exceed 50 gallons. Mobile fueling for fleet vehicles is not permitted. 4 Applies to parking lots or structures that are primary uses, as defined in Part XIII-E (Definitions).
SECTION 3. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XIII, CHAPTER B.8, SECTION B.8.020, TABLE B.8.020-A
Title XIII, Chapter B.8, Section B.8.020, Table B.8.020-A (Mixed Use Zones Use Regulations) of the Milpitas Municipal Code is hereby amended to read as follows:
Table B.8.020-A: Mixed Use Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use MXD MXD3 NCMU 1, 2, 3 TC 1, 2, 3 Additional Regulations Commercial Uses
Animal Care and Services
Pet Day Care and Sales MCS MCS - P
Veterinary Clinic P P - P
Milpitas Municipal Code
Section V-210-11 (Permits
for Animal Facilities and
Animal Adoption
Organizations)
Commissary or Catering MCS MCS - P n/a
Drive-Through Facility - - - C Section C.10.090 (Drive- Through Facilities)
Eating and Drinking Establishment
Bar or Nightclub C C C C
Microbreweries MC MC MC MC
Section C.10.100 (Eating
and Drinking
Establishments)
Mobile Food Park MCS MCS - MC
Mobile Food Vending (Individual
Vehicle) P P P P
Section C.10.170 (Mobile
Food Vending)
Restaurant
Table B.8.020-A: Mixed Use Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use MXD MXD3 NCMU 1, 2, 3 TC 1, 2, 3 Additional Regulations Restaurant, Full Service P P P P
Restaurant, Limited Service P P P P
Restaurant with Alcohol
Service P P P P
Section C.10.100 (Eating
and Drinking
Establishments)
Entertainment and Recreation, Commercial
Commercial Athletic Facility P P MCS 1 / P P n/a
Indoor Entertainment C C C C n/a
Indoor Sports and Recreation C C C C n/a
Outdoor Entertainment C C C C n/a
Outdoor Sports and Recreation C C C C n/a
Financial Institution
Bank and Credit Union P P P P n/a
Check Cashing Business MCS MCS - - n/a
Pawnbroker C 2 C 2 - - n/a
Food and Beverage Retail Sales
Alcoholic Beverage Sales C C C C n/a
Convenience Store MCS MCS MCS MCS n/a
Grocery Store, Large MCS MCS C 3 C 3 n/a
Grocery Store, Small P P P 3 P 3 n/a
Home Occupation P P P P Section C.10.130 (Home
Occupations)
Hospital C 2 C 2 - C n/a
Lodging
Bed and Breakfast P P - - n/a
Hotel P P C P n/a
Motel P P - - n/a
Short-Term Rental See C.10.190 (Short-Term Rentals)
Medical Support Laboratory P P - C n/a
Office
Business and Professional Office P 4 P 4 C P n/a
Medical Office/Clinic P P P / MCS 5 P n/a
Retail
Large Format Retail C C - C n/a
Table B.8.020-A: Mixed Use Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use MXD MXD3 NCMU 1, 2, 3 TC 1, 2, 3 Additional Regulations Retail, Limited P 4 P 4 P P n/a
Retail, Accessory Tobacco
Product Sales - MCS MCS MCS Section C.10.225
(Smoke/Tobacco Uses)
Retail Store, General
Merchandise P 4 P 4 P P n/a
Smoke/Tobacco Shop - - C C n/a Section C.10.225
(Smoke/Tobacco Uses)
Services
Business Support Services P 4 MCS 4 MCS MC n/a
Massage Establishment MC MC MC MC
Massage Establishment,
Accessory MCS MCS MCS MCS
Milpitas Municipal Code
III-6 (Massage
Establishments and
Practitioners); Section
C.10.160 (Massage
Establishments)
Personal Services 6 P 4 P 4 P P n/a
Repair/Cleaning/General
Services, Small P 4 P 4 MC P n/a
Vehicle-Related Uses
Auto Broker MCS MCS - MCS Section C.10.070 (Auto
Broker)
Fleet-Based Service - - - C n/a
Mobile Fueling P/- 7 P/- 7 P/- 7 P/- 7 Milpitas Municipal Code Chapter V-300 (Fire Code)
Service Station C C - C Section C.10.190 (Service
Stations and Car Washes)
Vehicle Rental 8 MCS MCS - - n/a
Vehicle Sales, Limited MCS MCS - MCS n/a
Vehicle Sales and Leasing 8 C C - - n/a
Industrial & Research and Development Uses
Custom and Artisan Manufacturing MCS MCS MCS MCS n/a
Public, Institutional, and Recreational Uses
Child Care
Child Care Center MC MC C C
Section C.10.140 (Large
Family Child Care and
Child Care Centers)
Table B.8.020-A: Mixed Use Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use MXD MXD3 NCMU 1, 2, 3 TC 1, 2, 3 Additional Regulations Large Family Child Care Home P P P P
Section C.10.140 (Large
Family Child Care and
Child Care Centers)
Small Family Child Care Home P P P P n/a
Community Assembly
Major 9 C 2 C 2 C C n/a
Minor 9 MCS 2 MCS 2 MC MC n/a
Community Garden P P P P n/a
Educational Institutions
College/University, Private C 2 C 2 - C n/a
School, Private C 2 C 2 C C
Trade and Vocational School C 2, 10 C 2, 10 - C n/a
Farmers’ Market MCS MCS MC MC Section C.10.120
(Farmers’ Market)
Instruction Services
Group P - P P n/a
Private/Small Group P P P P n/a
Park/Playground P P P P n/a
Public Utility C C C C n/a
Resilience Hub P P
P
P
See Subsection
C.10.230.D.6 regarding
Temporary Resilience
Hubs.
Transportation Passenger
Terminal/Facility C C - C n/a
Wireless Telecommunications Facility See Section C.10.240 (Wireless Telecommunications Facilities) Residential Uses
Accessory Dwelling Unit and Junior
Accessory Dwelling Unit P P P P
Section C.10.030
(Accessory Dwelling Units
and Junior Accessory
Dwelling Units)
Boarding House C C C C n/a
Court Dwelling P P - - n/a
Elderly and Long-Term Care MC MC MC MC n/a
Emergency Shelter - P - - Section C.10.110
(Emergency Shelters)
Group Living Accommodation C C C C n/a
Table B.8.020-A: Mixed Use Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use MXD MXD3 NCMU 1, 2, 3 TC 1, 2, 3 Additional Regulations Live-Work Unit MCS MCS MCS MCS Section C.10.150 (Live- Work Units)
Low Barrier Navigation Center P P - - California Government Code § 65660
Multi-Family Dwelling P P P 11 P n/a
Residential Care Facility P P P P n/a
Single-Room Occupancy Residences P P P P
Section C.10.220 (Single
Room Occupancy
Residences)
Supportive Housing P P P 11 P California Government
Code § 65582
Transitional Housing P P P 11 P California Government
Code § 65582
Unclassified Uses
Accessory Use P P P P n/a
Parking Lot 12 MCS MCS - - n/a
Parking Structure 12 MCS MCS MCS MCS n/a
Temporary Use See Section C.10.230 (Temporary Uses and Structures) Table Notes:
1 Commercial athletic facilities may be permitted with approval of a Minor Conditional Use Permit (Director level) in the NCMU1 subzone, in accordance with Subsection D.4.030 (Use Permits), and are permitted in the NCMU2 and NCMU3 subzones. 2 These uses shall not be located within 1,000 ft of the same use. 3 In the NCMU and TC zones only, small grocery stores up to 15,000 square feet are permitted and grocery stores exceeding 15,000 square feet may be permitted subject to approval of a Conditional Use Permit consistent with Subsection D.4.030 (Use Permits). In all other zones, small and large grocery stores are defined and permitted according to the size thresholds stated in Chapter E.4 (Definitions of Uses).
4 These uses may be allowed provided they are: no more than 10,000 sf in gross floor area if located on the ground floor and are not open past 10:00 p.m.
5 Medical offices and clinics are permitted in the NCMU Zones when located on upper floors, and may be permitted with approval of a Minor Conditional Use Permit (Director level) in accordance with Subsection D.4.030 (Use Permits) when located on the ground floor.
6 When located on the ground floor, retail sales of products related to the personal services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10% of the floor area of the business establishment.
7 Mobile fueling is permitted when fueling service is ordered by an individual vehicle owner and the amount of fuel dispensed as part of any individual order does not exceed 50 gallons. Mobile fueling for fleet vehicles is not permitted. 8 Excluding long-term parking and storage of vehicles for rent, sale, or lease, must be fully enclosed within a building. 9 Churches and religious institutions are permitted in any location within the MXD, MXD3, NCMU, and TC Zones. 10 Trade and vocational schools may be permitted subject to approval of a Conditional Use Permit consistent with Subsection D.4.030 (Use Permits), provided that they are not found objectionable due to noise, odor, vibration or other similar factors related to health, safety and welfare.
11 Spaces serving upper-floor residential uses, such as common gathering space, lobby, and resident services, may be allowed as ground floor uses where residential uses would otherwise not be permitted. 12 Applies to parking lots or structures that are primary uses, as defined in Part XIII-E (Definitions).
SECTION 4. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XIII, CHAPTER C.10
Title XIII, Chapter C.10 of the Milpitas Municipal Code is hereby amended to add section C.10.225 Smoke/Tobacco Uses to Chapter C.10 Specific to Uses and reads as follows:
A. Purpose. The purpose of this Section is to encourage responsible retailing of tobacco products and protect the public health, safety, and welfare by regulating the establishment, location, and operation of tobacco retailers.
B. Definitions. Terms used in this Section are defined in Chapter E.2 (Definitions of Terms) and Chapter E.4 (Definitions of Uses).
C. Location and Distance Requirements.
1. No tobacco retailer shall be allowed:
a. Within 1,000 feet of any school; or
b. Within 500 feet of any other tobacco retailer.
2. The distance between any two tobacco retailer premises shall be measured in a straight line, without regard to intervening structures or objects, from the nearest entrance of a tobacco retailer to the nearest entrance of the second tobacco retailer. The distance between any tobacco retailer and any school shall also be measured in a straight line, without regard to intervening structures or objects, from the nearest entrance of the tobacco retailer to the nearest property line of a school.
D. Exemption to Location and Distance Requirements. The prohibitions on location and distance contained in Subsection C.10.225.C shall not apply to the following:
1. Any tobacco retailer operating lawfully under the Milpitas Municipal Code on the date immediately prior to this Section first becoming effective.
2. Any tobacco retailer operating lawfully under the Milpitas Municipal Code is not in violation of these regulations by the subsequent establishment of a school or another tobacco retailer.
3. Tobacco retailers operating under these exemptions shall be a nonconforming use that may not be continued, expanded, changed, or replaced except in conformity with Section C.18.030 (Nonconforming Uses). These exemptions do not apply to tobacco retailers whose nonconforming use is discontinued under Subsection C.18.030.A.2 (Discontinuation of Nonconforming Use). Tobacco retailers operating under these exemptions may not expand the nonconforming use under Subsection C.18.030.A.5 (Expansion of Nonconforming Use) or re-establish that use once discontinued under Subsection C.18.030. B (Re-establishment of Discontinued Nonconforming Uses Within the Midtown and Metro Specific Plan Areas).
E. Other prohibitions.
1. Flavored tobacco products.
a. No person or entity shall sell a tobacco product containing, as a constituent or additive, an artificial or natural flavor or aroma (other than tobacco) or an herb or spice, including but not limited to strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, mint, menthol, or coffee, that is a characterizing flavor or aroma of the tobacco product, smoke, or vapor produced by the tobacco product. Prohibited flavored tobacco products also include all tobacco products or flavor enhancements otherwise prohibited by applicable law, including Section 104559.5 of the California Health and Safety Code, as it may be amended or superseded, and any tobacco product not appearing on the most current Unflavored Tobacco List maintained by the California Attorney General’s Office. b. A tobacco product shall be subject to a rebuttable presumption that the product is prohibited by paragraph (a) of this subsection if:
1. The product’s manufacturer or any other person associated with the manufacture or sale of tobacco products makes or disseminates public statements or claims to the effect that the product has or produces a characterizing flavor or aroma, other than tobacco; or
2. The product's label, labeling, or packaging includes a statement or claim– including any text and/or images used to communicate information–that the product has or produces a characterizing flavor or aroma, other than tobacco.
F. Application Procedure.
1. Minor Conditional Use Permit. The owner of a retail store, general merchandise or retail, limited store may sell tobacco products, subject to approval of a Minor Conditional Use Permit (Director review) pursuant to Subsection D.4.030.D (Use Permits – Authority).
2. Conditional Use Permit. The owner of a smoke/tobacco shop business must apply for and obtain a Conditional Use Permit before operating the business establishment. The Conditional Use Permit is subject to the provisions and issued in accordance with the Conditional Use Permit process in Section D.4.30 (Use Permits).
G. Additional eligibility requirements.
1. No permit may be issued to authorize retailing tobacco products at or from other than a fixed location. For example, retailing by persons on foot or from vehicles is prohibited.
2. No permit may be issued to authorize the retail of tobacco products at a temporary or recurring temporary event. For example, retailing at flea markets and farmers’ markets is prohibited.
3. No permit may be issued to authorize retailing tobacco products at any location where the profession of pharmacy is practiced by a pharmacist licensed by the State in accordance with the Business and Professions Code and where prescription drugs are offered for sale.
H. General Standards. The following standards shall apply to all tobacco retailers.
1. Tobacco retailers shall not:
a. Violate any local, state, or federal law applicable to tobacco products or the retailing of such tobacco products.
b. Fail to possess and maintain in a presently valid condition all licenses, permits, and approvals otherwise necessary for their use or otherwise necessary in order to sell tobacco products in the State, including, as applicable, a Cigarette and Tobacco Product Retailer’s License from the California Department of Tax and Fee Administration.
c. Allow or tolerate smoking or the use of electronic smoking devices in places where smoking is prohibited, including within the retail outlet or area where the tobacco retailer is located and within workplaces or enclosed places. d. Cover more than 15 percent of the square footage of the windows and clear doors of a physical storefront used for tobacco retailing with any type of advertising or signs.
e. Sell or distribute tobacco products to anyone prohibited by applicable law from purchasing such products, including persons under the age of 21. f. Sell or distribute a tobacco product without first examining identification to confirm that the age of the purchaser is at least the minimum age required under state law to purchase and possess the tobacco product.
2. Tobacco retailers shall:
a. Post conspicuously, at each point of purchase, a clear and prominent notice stating that selling Tobacco Products to anyone under 21 years of age is illegal and subject to penalties.
b. Post conspicuously clear and prominent notice at each entrance to the building or structure stating “No smoking” where smoking is prohibited throughout the building or “Smoking is prohibited except in designated areas” where smoking is permitted only in designated areas of the building or structure.
I. Violation of Regulations. Violation of any provision of this Section is a public nuisance and injurious to the public health, safety, and welfare and in addition to all other remedies allowed by applicable law, including this Code, is grounds for enforcement action including modification, revocation, or suspension of any underlying use permit in accordance with Chapter D.18 (Enforcement and Penalty).
SECTION 5. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XIII, CHAPTER E.4 Title XIII, Chapter E.4 (Definitions of Use) of the Milpitas Municipal Code is hereby amended to read as follows:
Chapter E.4 Definitions of Uses
This Chapter provides definitions for all uses established in the use tables in Part XIII-B (Zone Regulations).
Accessory Dwelling Unit (ADU). As defined by California Government Code section 66313, an ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An ADU also includes an efficiency unit as defined in California Health and Safety Code section 17958.1 and a manufactured home as defined by California Health and Safety Code section 18007.
Accessory Dwelling Unit, Junior (JADU). A type of accessory dwelling unit defined by California Government Code section 66313 as a residential unit that is consistent with the following:
• Is no more than 500 square feet in size;
• Is contained entirely within an existing or proposed single-family structure; • Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed primary dwelling; and
• Includes an efficiency kitchen.
Accessory Use. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same lot as the primary use.
Adult-Oriented Business. See "adult-oriented business terms" in Chapter E.2 (Definitions of Terms).
Advanced Manufacturing. The use of innovative technologies to create existing and new products or to improve products and processes. Advanced manufacturing focuses on the rapid transfer of science and technology into production activities and may incorporate high technology elements such as information, automation, computation, software, sensing, artificial intelligence, machine learning, and networking. Advanced manufacturing may include storage space for raw materials and/or finished goods that actively supports the primary use.
Agriculture. See “cultivated agriculture.”
Agricultural Processing Plant, Commercial. Facility that transforms, processes, and packages livestock or livestock products, or agricultural commodities, into goods that are used for intermediate or final consumption including goods for nonfood use. Includes animal slaughter.
Agricultural Supply Sales. An establishment or place of business primarily engaged in the retail or wholesale sale from the premises of farm supply, feed, grain, fertilizers, pesticides, and similar goods as well as the provision of agriculturally related services with incidental storage on a lot other than where the service is rendered.
Alcoholic Beverage Sales. Any beverage sales use that includes the sale of alcoholic beverages for off-premise consumption. This includes retail sales of liquor, beer, wine, and spirits and can be combined with a retail sales establishment such as a grocery store or convenience store, or it can be a stand-alone liquor store or wine shop.
Animal Husbandry. The care and raising of large livestock, including horses, cattle, swine, goats, sheep, alpacas, and similar animals. This includes any animal-related production uses incidental to the foregoing, such as grazing, grooming, shearing, and milking, but excludes animal slaughter, meat cutting and packing, stockyards or the commercial feeding of garbage or offal to swine or other animals.
Assembly. See “community assembly”.
Auto Broker. An auto dealer or auto buying service as defined in California Vehicle Code section 166, who engages in the business of arranging, negotiating, assisting, or effectuating the purchase of a new or used motor vehicle, not owned by the dealer, on behalf of another. This use is limited to office work and does not include storage or parking of vehicles onsite.
Bank and Credit Union. Financial institutions, including federally-chartered banks, savings associations, industrial loan companies, and credit unions that provide retail banking services to individuals and businesses. Includes only those institutions engaged in the on-site circulation of money, and whose deposits are insured by the state or federal government and/or a state or federal sponsored entity, including credit unions.
Bar or Nightclub. Businesses serving beverages for consumption on the premises as a primary use, including serving alcohol such as beer, wine, and spirits. Dancing and live entertainment may also be conducted within the establishment. This use does not include microbreweries. See “food preparation” for tasting rooms that are accessory and subordinate to a brewery, winery, or distillery.
Bed and Breakfast. A residential property with one or more bedrooms dedicated to rental for a fee for overnight lodging of periods of 30 consecutive days or fewer and where meals may be provided to guests. A bed and breakfast is typically either owner-occupied or has the manager or proprietor of the lodging business living on the premises. This use type excludes short-term rentals.
Boarding House. An establishment where housing is provided for compensation, generally for stays of more than 30 days, for up to eight persons. Boarding houses typically have individual rooms for guests, shared bathroom facilities, and a single common kitchen. Meals may be served for guests and included as part of the cost of lodging.
Breweries, Distilleries, and Wineries. An establishment engaged in the brewing, distilling, and production of beer, wine, or other spirits. Tasting rooms that are accessory and subordinate to a brewery, winery, or distillery may be included in this use. This use does not include microbreweries.
Business and Professional Office. Offices of firms or organizations providing professional, executive, business, management, or administrative services, including but not limited to accounting, architectural, computer software design, engineering, consulting, graphic design, insurance, interior design, real estate, legal, and tax preparations offices. Also includes co- working spaces designed to accommodate individuals and organizations that provide such services.
Business Support Services. Establishments primarily within structures that provide other businesses with ancillary services that further or facilitate the other businesses' primary activity, including but not limited to commercial art and design (production); copying and quick-printing services; equipment rental businesses within structures; janitorial services; mailbox rentals; mail advertising services (reproduction and shipping); outdoor advertising services; protective services (other than office-related); rental, repairs and distribution of office or business equipment; and window cleaning.
Caretaker’s Residence. A dwelling unit occupied by employees or caretakers of the primary use on the site.
Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries only when operated in conjunction with and within the boundary of such cemetery.
Check Cashing Business. Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code section 1789.33. Check cashing businesses do not include state or federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers, that cash checks or issue money order incidental to their main purpose or business.
Child Care Center. Establishments providing non-medical care for children on a less than 24- hour basis other than large/small family child care homes. This classification includes licensed nursery schools, preschools, and day care facilities for children, and any other day care facility licensed by the State of California. This use does not include after school program, summer camp, and tutoring facilities.
Civic/Government. Governmental facilities not otherwise included in other land use types, such as court facilities and post offices, together with storage and maintenance of City and public agency vehicles.
Collection Facility. A center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public where limited sorting and storing of such items is conducted on-site.
College/University, Private. A private college or university, excluding trade or vocational schools.
Commercial Athletic Facility. A facility for physical fitness training or athletic type games and sports, such as but not limited to, health clubs, tennis, gymnasiums, handball courts, racquetball courts; also including ancillary uses when incidental to the primary use, such as but not limited to, steam baths, weight training, aerobic classes, massage, saunas, and the retailing of athletic supplies to be used in the facility.
Commercial Fueling Facility. See “fueling facility, commercial”.
Commissary or Catering. A fixed-location kitchen where food is stored and prepared for off-site vending or delivery. Commissaries may include shared-use commercial kitchens, private commercial kitchens, restaurant kitchens, and kitchens associated with civic and community organizations such as churches or social clubs. Also, includes catering service establishments.
Community Assembly. A facility for public or private meetings including clubs and lodges, community centers, senior centers, religious assembly facilities, convention centers, civic and private auditoriums, union halls, meeting halls for clubs and other membership organizations.
This includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities (see indoor sports and recreation) or facilities such as day care centers and schools, which are separately defined.
Major. Community assembly use that is over 2,000 gross square feet and has capacity for more than 200 seats.
Minor. Community assembly use that is 2,000 gross square feet or less and has capacity for no more than 200 seats.
Community Garden. Use of land for the cultivation, growing and harvesting of vegetables, herbs, flowers, and fruits, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity.
Community gardens are typically owned and operated by public or non-profit agencies, and each garden plot is used and kept by an individual or a household. Excludes animal keeping or animal husbandry.
Construction Yard and Equipment Rental. Storage of construction materials or equipment on a site other than a construction site. Includes rental of large construction equipment and machinery. This classification may include parking/storage of contractor vehicles.
Convenience Store. A retail establishment selling food, beverages, and small convenience items such as personal hygiene products, cigarettes, magazines, and other everyday consumer items.
Food and beverage products sold primarily consist of packaged and canned goods, prepared foods and hot drinks for immediate consumption, fountain beverages, etc., with less than 10 percent of net retail floor area allocated for the sale of fresh fruits, fresh vegetables, fresh meat and dairy products, and other similar perishable items. Convenience stores are smaller in floor area than supermarkets/grocery stores (typically 4,000 square feet or less) and have long or late hours of operation (open before 7:00 a.m. or after 10:00 p.m.).
Correctional Facility. A facility where people are held, generally as punishment for various crimes. This includes the detention/incarceration of people awaiting trial and/or who have been convicted of civil or criminal offenses; inmates and detainees under 24-hour supervision by the California Department of Corrections and Rehabilitation; and juvenile detention facilities. This use also includes parole offices.
Court Dwelling. See “dwelling, court”.
Cultivated Agriculture. The planting, growing, and harvesting of crops or plants, or the preparation of land for this purpose, of more than one-half acre of land for viticulture, horticulture, pasturage, floriculture, or similar farming where a crop or final product is produced (but not necessarily offered for sale) for consumption. This use excludes community gardens.
Custom and Artisan Manufacturing. An establishment primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Includes, but is not limited to metalworking, pottery and ceramic studios, film processing, photo finishing, printmaking, lithography, glass furnace, or woodworking.
Data Center. A facility dedicated to the storage of computer and information technology systems and associated components for the storage, retrieval, and transmittal of electronic information.
Drive-Through Facility. A motor vehicle drive-through facility which is a commercial building or structure or portion thereof which is designed and/or used to provide goods and services to drivers while they remain seated in their vehicles. It includes, but is not limited to, banks and other financial institutions, fast food establishments, and pharmacies, but shall not include drive- in movies, service stations, or car wash operations.
Dwelling, Court. A residential development in which there are several freestanding single-family or two-family dwellings with separate walls clustered on a single lot. Units are typically arranged to face around a common open space or drive aisle. If subdivided, a maintenance agreement or homeowners association may govern common areas like driveways or open space.
Dwelling, Multi-Family. A building containing three or more dwelling units.
Dwelling, Single-Family. A dwelling unit designed for occupancy by one household, where all rooms are internally connected and internally accessible via habitable space, located on a separate lot from any other unit (except accessory dwelling units, where permitted), and have only one kitchen. This includes individual manufactured housing units installed on a foundation system pursuant to California Health and Safety Code section 18551, and the use of a single-family
residential structure as employee housing for six or fewer employees consistent with California Health and Safety Code section 17021.5.
Dwelling, Two-Family. A residential building containing two dwelling units, both of which are located on a single parcel. The dwelling units are attached and may be located on separate floors or side-by-side. Excludes accessory dwelling units (see “accessory dwelling unit”).
Elderly and Long-term Care. Establishment that provides 24-hour medical, convalescent, or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed by the California Department of Public Health.
Includes, but is not limited to skilled nursing facilities, rest homes, and convalescent hospitals.
Does not include a residential care facility or hospital.
Electronic smoking device. Any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e- cigar, e-pipe, vape pen, electronic heated tobacco products, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include any nicotine cessation product that has been approved by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act.
Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay as set forth in the California Health and Safety Code section 50801(e), as may be amended.
Employee/Farmworker Housing. As described in California Health and Safety Code section 17021.6 and 17008, any employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household.
Family Child Care Home, Large. As defined by Health and Safety Code section 1596.78, a home in which the provider regularly provides care, protection, and supervision for up to 14 children for less than 24 hours per day.
Family Child Care Home, Small. As defined by Health and Safety Code section 1596.78, a home in which the provider regularly provides care, protection, and supervision for eight or fewer children for less than 24 hours per day.
Farmers’ Market. An establishment offering for sale produce, prepared food items, and other artisan/craft goods and merchandise by certified growers and producers authorized to sell, directly to consumers, products that are produced on land the producer controls or taken in consignment from other producers. Excludes flea markets.
Firearms Dealer. An establishment engaged in the selling, dealing in, trading, or transferring firearms.
Fleet-Based Service. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles. This includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non- emergency medical transport, home cleaning services, pedicab services, and similar businesses.
This does not include towing operations (see “vehicle storage”), taxi or delivery services with two or fewer fleet vehicles on-site (see “business support services”), facilities that handle third party goods for local or worldwide delivery (see “freight and trucking yard”) or last mile parcel processing/redistribution facilities (see “parcel hub”).
Food and Beverage Processing and Preparation. Cooking, processing, packaging, bottling, and shipping of food products and/or non-alcoholic beverages for off-site sales. This does not include breweries, wineries, and distilleries; the slaughtering of live animals; or large-scale operations (see “commercial agricultural processing plant”).
Freight and Trucking Yard. Facilities that handle third party goods for local or worldwide freight, courier, local messenger, and postal services by truck or rail. This includes fulfillment centers and parcel sorting centers, which provide storage and distribution of e-commerce products to consumers or end-users, either directly or through a parcel hub.
Fueling Facility, Commercial. A fueling facility designed for commercial customers which dispenses gasoline, diesel, or similar vehicle fuels, and which is not open to the general public, has no cash sales and provides no personal services on-site. This excludes mobile fueling.
Funeral Parlor and Mortuary. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include a crematory or mortuary. This use does not include cemeteries.
Grocery Store, Large. Retail establishments that primarily sell food, but also may sell other convenience and household goods, and may include a delicatessen or specialty food shop, baked goods, frozen foods, fruits, vegetables, meats, cheeses, dairy, and prepared food, and which occupy more than 25,000 square feet of gross floor area, but not more than 80,000 square feet of gross floor area.
Grocery Store, Small. Retail establishments with gross floor area less than 25,000 square feet that primarily sell food products, such as fresh fruits and vegetables, meats and seafood, dairy products, baked goods, packaged and prepared foods, and frozen foods, but that may also sell other convenience and household goods. May also include a delicatessen or other specialty food shop.
Group Living Accommodation. A building or portion of a building designed for or accommodating a residential use by persons not living together as a household. This use includes dormitories, convents and monasteries, and other types of organizational housing. This use does not include residential care facilities, nursing homes, hotels, single-room occupancy residences, or boarding houses, which are defined separately. Group living accommodations typically provide shared living quarters without separate kitchen or bathroom facilities for each room or unit.
Guest Ranch. Short-term lodging provided to visitors on property where agricultural activities take place (e.g., animal husbandry, cultivated agriculture) and that is not considered to be another lodging uses.
Home Occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling.
Hospital. A state-licensed facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.
Hotel. A commercial establishment providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or fewer, with access to rooms or units primarily from interior lobbies, courts or halls. A hotel may include limited facilities for storage and preparation of food and beverages within individual rooms, such as coffee makers, mini refrigerators and microwave ovens.
Indoor Entertainment. Predominantly spectator uses conducted within an enclosed building.
Typical uses include movie theaters, enclosed sports arenas, live performing arts venues, escape rooms, and video game activities and competitions such as e-sports.
Indoor Sports and Recreation. Predominantly participant sports conducted within an enclosed building. Typical uses include indoor bowling alleys, billiard parlors, ice and roller skating rinks, go-kart tracks, indoor shooting ranges, and trampoline parks. Excludes operations where activities are primarily class- or appointment-based such as yoga studios and personal trainers.
Industry, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials, where operations are conducted primarily within an enclosed building. Includes, but is not limited to operations such as biomass energy conversion; textile mills; furniture and related product manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; plastics and rubber products manufacturing; and nonmetallic mineral product manufacturing.
Industry, Heavy. Manufacturing of products that include petroleum products, metals and/or metal processing, and hazardous chemicals. Includes automobile assembly and manufacturing and tire retreading or recapping.
Industry, Light. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. Includes, but is not limited to, operations such as manufacturing finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; mobile home manufacturing; monument works; printing, engraving and publishing; electronics manufacturing not included under advanced manufacturing; and production apparel manufacturing.
Instruction Services. An establishment that offers specialized programs in improvement, information, and personal growth and development such as photography, fine arts, crafts, music, yoga, martial arts, dance, driving schools, health and wellness, and academic tutoring. Attendance is typically limited to hourly classes rather than full-day instruction. These establishments do not grant diplomas or degrees, though instruction may provide credits for diplomas or degrees granted by other institutions. Retail sales are permitted as an accessory use.
Group. Group instruction includes 10 or more students or clients at any one time.
Private/Small Group. Private instruction includes fewer than 10 students or clients at any one time.
Intermediate Processing Facility. A facility that receives, sorts, compresses or bales, and stores recyclable materials for efficient transfer to other processing facilities or to an end user.
Junior Accessory Dwelling Unit. See Accessory Dwelling Unit, Junior.
Kennel. Facilities for keeping, boarding, training, breeding, or maintaining for commercial purposes, four or more dogs, cats, or other household pets more than four months of age and not owned by the kennel owner or operator for 24 hours or more.
Large Format Retail. Retail establishments over 80,000 square feet in size that sell merchandise and/or bulk goods primarily for individual consumption, including, but not limited to, department stores, home improvement stores, membership warehouses which emphasize bulk sales to the general public as well as to other businesses, and other big box format stores. Large format retail uses may include a grocery store sales component. Excludes home improvement stores with outdoor nursery or garden centers (see nursery and garden center).
Library/Museum. Public or quasi-public facilities primarily engaged in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. Includes, but is not limited to aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, and museums. May also include accessory retail uses such as gift/book shops, and restaurants.
Live-Work Unit. An integrated housing unit and working space that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the California Building Code. Living space includes, but is not limited to, a sleeping area, a food preparation area, and a full bathroom. The working space is reserved for and regularly used by one or more occupants of the unit.
Low Barrier Navigation Center. Consistent with California Government Code section 65660, a service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health, shelter, and housing services.
Maintenance and Repair Services. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar large items. This classification excludes maintenance and repair of vehicles or boats (see vehicle repair and maintenance) and personal items such as apparel, shoes, and jewelry (see Repair/Cleaning/General Services, Small).
Massage Establishment. Any establishment having a fixed place of business where any person, firm, association, partnership, corporation, or other entity engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any massage for compensation. Also includes, but is not limited to, any business providing off-premises massage services.
Massage Establishment, Accessory. An establishment that provides massage which is incidental to the primary business, where the owner of the primary business is responsible for the massage services and conduct of the massage technician(s) employed at the location.
Medical Office/Clinic. Office use providing consultation, diagnosis, therapeutic, preventive, or corrective medical treatment services by doctors, dentists, chiropractors, optometrists, psychotherapists, alternative healing practitioners such as acupuncturists, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California.
Incidental medical and/or dental laboratories and research within the office that supports the on- site patient services is considered part of the office use. This use includes urgent care facilities.
Excludes independent research laboratory facilities and hospitals (see medical support laboratory and see hospital).
Medical Support Laboratory. A facility for scientific laboratory analysis of medical resources.
The analysis is generally performed for medical providers to support the medical provider's work on behalf of patients.
Microbreweries. A limited production brewery where beer is brewed, sold, and consumed on site and meets all applicable California Department of Alcoholic Beverage Control regulations. This use includes tasting rooms where alcoholic beverages are sold and consumed on site. Food service is subordinate to the sale of alcoholic beverages.
Mini-Storage or Self-Storage. Facilities offering enclosed storage with individual access for personal affects, furniture, and household goods. Typical provided in small individual units (e.g., 400 square feet or less) that are available for rental by the general public.
Mining and Quarrying. An operation that extracts gravel, sand, other construction aggregates, or minerals from the ground. Includes quarries and gravel pits.
Mobile Food Vending. The selling or offering to sell products from a mobile food vehicle, which includes the following uses:
Ice Cream Truck. A motorized vehicle selling ice cream or other frozen dairy or non- dairy dessert products on streets and in other public places.
Mobile Food Park. Site with two or more mobile food vehicles located together on the same parcel and operating at the same time for more than seven consecutive days.
Mobile Food Vending (Individual Vehicle). A motorized, wheeled vehicle or towed vehicle designed and equipped to store, prepare, serve and sell food, but which does not include ice cream trucks or mobile food vending wagons or pushcarts as regulated in Milpitas Municipal Code Subsection V-100-10.11 (Unlawful Parking—Peddlers, Vendors).
Mobile Fueling. A commercial service that offers on-demand fueling of motor vehicles at a specified location instead of at a service station. Mobile fueling may be provided to individual customers via the use of a mobile app, with fuel delivered to a home, office, or other location requested by the customer. Mobile fueling may also be provided for operators of fleet vehicles at a fixed, semi-permanent or permanent location.
Mobile Home Park. A development designed for and occupied by manufactured/mobile housing units consistent with the requirements of California Health and Safety Code section 18200 to 18700. A mobile home park includes facilities and amenities used in common by occupants who rent, lease, or own spaces for mobile home units/spaces through a subdivision, cooperative, condominium, or other form of resident ownership.
Motel. A building or group of attached or detached buildings providing lodging accommodations for a fee for transient guests, for stays of 30 days or fewer, with access to each room or unit through an exterior door. Motels are distinguished from hotels primarily in that the former provide direct independent access to, and adjoining parking for, guest rooms and do not provide 24-hour guest services.
Multi-Family Dwelling. See “dwelling, multi-family”.
Nursery and Garden Center. An establishment primarily engaged in selling nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown offsite.
This classification includes commercial and wholesale greenhouses and nurseries offering plants for sale.
Outdoor Entertainment. Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include outdoor theaters, partially enclosed sports arenas, racing facilities, outdoor concert facilities, amphitheaters, drive-in movie theaters, aquatic parks, and amusement parks.
Outdoor Sports and Recreation. Predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include commercial driving ranges, outdoor shooting and/or archery ranges, miniature golf courses, golf courses, outdoor go-karts, swimming pools, and tennis courts. This use excludes public golf courses, public swimming pools, and public tennis court or other public sport court facilities (e.g., basketball, pickleball, etc.) (see “park/playground”); and excludes common recreational facilities as accessory to a multi-family residential project or use.
Parcel Hub. A ‘last mile’ facility warehouse or similar establishment for the processing and/or redistribution of parcels or products to end-user customers. A parcel hub’s primary function is
moving a shipment from one mode of transport to vehicles with rated capacities less than 10,000 pounds, for delivery directly to consumers or end-users primarily within a 10-mile radius.
Park/Playground. Parks, playgrounds, trails, wildlife preserves, and related open spaces. This includes public playing fields, sports courts, picnic facilities, and related food concessions or community recreational buildings and structures.
Parking Lot. Open parking area(s) provided on property other than a public street, alley, or right- of-way that is the primary use on the lot (i.e., the parking lot is not providing the required off- street parking for land uses on the lot). May include park and ride lots. Use of the parking lot may be subject to a fee.
Parking Structure. A building or structure containing parking spaces that is the primary use on the lot (i.e., the parking structure is not providing the required off-street parking for land uses on the lot). May be located above or below grade, and use of the parking structure may be subject to a fee. May include park and ride structures.
Pawnbroker. A place of business where personal property is received and for which money is advanced, with the right of privilege granted to the person to whom said money is advanced to reclaim such property upon repayment of said money.
Personal Services. A commercial establishment which provides services of a personal or aesthetic nature directly to consumers, including but not limited to barber and beauty shops, nail salons, tanning salons, hair removal salons, tattoo and body piercing studios, spa/wellness center (excluding massage establishments), medical spas, and personal trainers.
Pet Day Care and Sales. Facilities for providing non-medical care for four or more dogs, cats, or other household pets not owned by the pet day care owner or operator, included but not limited to grooming services, on a less than 24-hour basis. This use includes retail sales of household pets and pet supplies, but excludes pet supply stores that do not sell animals or provide on-site animal services. Also excludes home-based pet day care services for a fee, such as dog walking services.
Primary Processing Facility. A facility that processes recyclable materials and acts as a final destination for recyclable materials.
Public Safety. Facilities providing public safety and emergency response services, including police and fire protection, with incidental storage, training, and maintenance facilities.
Public Utility. Facilities for the production, storage, treatment, transmission and/or distribution of electricity, natural gas, water, wastewater, and telecommunications and other similar essential services. Also includes service facilities, electric transmission and distribution substations, and public utility service centers.
Repair/Cleaning/General Services, Small. A commercial establishment that performs cleaning, repair, and alteration of small consumer and household items, including but not limited to dry cleaning pick-up stores without equipment that uses chemical solvents, laundromats (self-service laundries), photocopying and photo finishing services, tailor shops, watch and jewelry repair, shoe repair, home electronics repair, and locksmiths. Does not include repair of vehicles or boats (see vehicle repair and maintenance), personal services (see personal services), or maintenance and repair of large or bulky items (see maintenance and repair services).
Research and Development (R & D). Industrial or scientific research for the design, development, engineering and testing of high technology, clean technology, industrial, or scientific products. May include limited manufacturing as necessary for the production of prototypes, but excludes the full-scale manufacturing of final products. May also include storage space for raw materials and/or finished goods that actively supports the primary use.
Residential Care Facility. Consistent with Health and Safety Code section 1502, a facility licensed by the State of California to provide living accommodations and 24-hour care for persons requiring personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are group homes or shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions.
Resilience Hub. A community-serving facility designed to support residents and coordinate resource distribution and services before, during, or after a natural hazard event. Resilience hubs provide information as well as services and supplies, including but not limited to community gathering space, emergency supplies, basic medical care, internet access, and electronic device charging. They are typically outfitted with a solar and back-up battery storage system that can operate off the power grid and maintain power to the facility during grid outages.
Restaurant, Full Service. Restaurants that provide cooked-to-order food and beverage services to patrons who order and are served while seated and pay after eating. Takeout service may also be provided.
Restaurant, Limited Service. Establishments where food and beverages may be consumed on the premises, taken out, or delivered, but where no table service is provided. This includes, but is not limited to cafeterias, fast-food restaurants, carryout sandwich shops, limited-service pizza parlors and delivery shops, self-service restaurants, snack bars, and takeout restaurants. This use includes cafes, coffee shops, and bakeries with a retail storefront component.
Restaurant with Alcohol Service. Either a full service or limited service restaurant that includes alcohol service for on-site consumption.
Retail, Limited. An establishment which offers the sale of a limited line of merchandise that is generally necessary or desirable for everyday living or everyday business activities. Examples include small grocery stores offering primarily prepared or pre-packaged food and beverage items, small drugstores and variety stores, small stationery, office supply stores, shops selling other small household goods, and walk-out retail stores. This classification excludes convenience stores.
Retail Stores, General Merchandise. The retail sale or rental of merchandise not specifically listed under another use definition. This includes department stores, clothing stores, furniture stores, pharmacies, pet supply stores, flower shops (florist), art supply stores, music stores, book stores, and other businesses retailing (or renting) toys, hobby materials, handcrafted items, formalwear, music equipment and instruments, jewelry, cameras, candy, gifts and novelties, electronic equipment, sporting goods, hardware, appliances, antiques, art, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories, excluding vehicle service and installation (see vehicle repair and maintenance). Excludes large format retail and other sales-related uses more specifically described in other use definitions.
Riding Academy and Public Stables. Stables leased for the keeping of horses which may also include areas for horse riding and horse riding lessons.
Salvage and Wrecking. The dismantling of wrecked or decommissioned vehicles, appliances, or other metal products where usable parts are sold for use in operating vehicles and the unusable metal parts are sold to metal-recycling companies.
School, Private. A private institution of learning for students offering instruction in those courses of study required by the California Education Code and maintained in compliance with the
standards set by the State Board of Education. This use includes kindergarten, elementary school, middle or junior high school, or high school.
School, Public. A public institution of learning for students offering instruction in those courses of study required by the California Education Code and maintained in compliance with the standards set by the State Board of Education. This use includes kindergarten, elementary school, middle or junior high school, and high school.
Service Station. Any premises used for supplying automotive fuel and oil at retail, direct to the customer, including minor accessories and services for automobiles such as tire air pumps and window washing, but not including automobile repairs.
Short-Term Rental (STR). The use of a dwelling unit, including, without limitation, a single- family, two-family, or multi-family dwelling unit, mobile home, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for a period of 30 or fewer calendar days, counting portions of days as full calendar days.
Single-Family Dwelling. See “dwelling, single-family”.
Single-Room Occupancy (SRO) Residence. A multi-tenant building consisting of single room dwelling units that are the primary residence of its occupants, containing either individual or shared kitchen and bathroom facilities. These units are small, generally less than 350 square feet.
Smoke/Tobacco Shop. A retail establishment primarily engaged in the selling of smoking and or tobacco products, and accessories, or paraphernalia and or any other products, devices, and or components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substance. Tobacco products may include but are not limited to cigarettes, cigars, loose leaf tobacco, tobacco pipes, electronic smoking devices and accessories, vaporizers and accessories and any other product, device or component used in the inhalation of tobacco, nicotine or other substance. See “tobacco product” and “tobacco accessories or paraphernalia”. For the purposes of this definition only, "primarily engaged" means when 30 percent or more of products sold at the retail establishment are smoking or tobacco products, accessories, or paraphernalia or any other products, devices, or components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substance.
Supportive Housing. Consistent with California Health and Safety Code section 50675.14, housing with no limit on length of stay, that is occupied by the target population as defined in U.S.C. section 11302 of Title 42, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.
Temporary Use. A use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.
Tobacco accessories or paraphernalia. Devices or instruments for smoking, heating, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means tobacco products or other controlled substances.
Tobacco product.
• Any product containing, made of, or derived from nicotine or tobacco that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; • Any electronic smoking device and any substances that may be aerosolized or vaporized by such device and that contains nicotine; or
• Any component, part, or accessory of (1) or (2), whether or not sold separately and whether or not they contain nicotine or tobacco, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
• Tobacco product does not include any nicotine cessation product that has been approved by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act Tobacco retailer. A tobacco retailer is any person or business that sells, offers for sale or distribution, exchanges, or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco accessories or paraphernalia.
Trade and Vocational School. An establishment where postsecondary education or training is received in a trade or craft, business, commerce, language, or other similar activity or occupational pursuit that is not otherwise described as a college/university, school, or instruction services. This use includes culinary schools.
Transitional Housing. Consistent with California Government Code section 65582, buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
Transportation Passenger Terminal/Facility. Facilities for passenger transportation operations, including rail stations, bus terminals, and associated service facilities, but does not include terminals serving airports or heliports.
Two-Family Dwelling. See “dwelling, two-family”.
Vehicle Rental. Establishment providing for the rental of automobiles. Includes rental of passenger vehicles and light trucks/vans under 14,000 pounds and incidental repair/servicing and cleaning of rental vehicles. This use does not include car-sharing operations.
Vehicle Repair and Maintenance, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the sale, installation, and servicing of related equipment and parts. This classification includes the servicing and repair of engines, body and fender, transmission, axels, wheels and brake, tire sales and installation, tire treading and recapping, and vehicle painting. Excludes vehicle dismantling or salvaging (see “salvage and wrecking”) and tire retreading or recapping (see “industry, heavy”). All activities listed under Vehicle Repair and Maintenance, Minor may also be included in major uses.
Vehicle Repair and Maintenance, Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the sale, installation, and servicing of related equipment and parts.
This classification includes the replacement of small automotive parts and liquids as an accessory use to an automotive accessories and supply store, and quick-service oil, tune-up and brake and muffler shops, auto glass sales and replacement, window tinting, stereo and alarm sales, and tire sales where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors, or hazardous materials, and repair of heavy trucks, limousines, or construction vehicles (see “vehicle repair and maintenance, major”). It also excludes towing services (see “vehicle storage”) and fueling stations (see “service station”).
Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated incidental repair services and parts
sales, but excluding body repair and painting. Includes, but is not limited to, automobile dealers and recreational vehicle sales agencies.
Vehicle Sales, Limited. A small-format showroom for the retail sale of automobiles and light trucks, typically within a retail storefront setting. Uses can include storage of no more than five vehicles onsite for display and/or test driving, which may be stored either indoors or outdoors on the same lot. Incidental vehicle repair services and parts sales are not permitted.
Vehicle Storage. The use of a site for the short-or long-term storage of automobiles, trucks, motorcycles, and/or other vehicles. Includes towing and impound lots.
Vehicle Washing. Washing, waxing, detailing, and/or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.
Veterinary Clinic. Medical care for household pets on a commercial basis with no overnight (24- hour) accommodation of animals.
Veterinary Hospital or Services. Medical care for household pets on a commercial basis with 24- hour accommodation of animals, but does not include kennels. Also includes overnight (24-hour) accommodation of small animals for grooming services.
Warehousing and Distribution. A facility, primarily within an enclosed building, for the storage of commercial or industrial goods, products and materials and the associated on-site sorting, packing, staging, shipping, receiving, and distributing of goods to wholesale and retail outlets, including ancillary truck parking and dispatching. Also includes long-term, passive storage of furniture, household goods, or other commercial goods; and of industrial equipment, products, and materials. Warehousing and distribution facilities may include, but are not limited to, wholesale distribution, distribution centers, moving and transfer storage, cross-dock facilities, package handling centers, order fulfilment centers, and logistics centers. Excludes storage of raw materials and/or finished products as part of an active primary use (e.g., advanced manufacturing uses; general industry uses; light industry uses; research and development uses). Excludes parcel hubs.
Wholesale Sales. The selling and/or distributing of merchandise to retailers; industrial, commercial, or institutional buyers; or other wholesalers; or acting as agents or brokers in the buying and selling of merchandise to or for such entities.
Wireless Telecommunications Facility. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, telecommunication towers or similar structures supporting the equipment, equipment buildings, parking area and other accessory development.
Also see wireless telecommunications terms in Chapter E.2 (Definitions of Terms).
SECTION 6. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is not subject to review under CEQA. CEQA Guidelines Section 15061(b)(3), also known as the “common sense exemption,” states that CEQA only applies to projects that have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. A “significant effect on the environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project. This ordinance would create new regulations related to tobacco retailers. Such uses have been previously allowed, and this ordinance would not affect the densities or intensities of use previously allowed. It would enact standards
for the location of tobacco retailers that are comparable to standards for other commercial land uses, and City staff review would be required to ensure that tobacco retailers comply with all applicable requirements.
Therefore, it can be seen with certainty that there is no possibility that the ordinance in question would have a significant effect on the environment; accordingly, the ordinance is exempt from CEQA review.
As a separate and independent basis, the Ordinance is also exempt from further environmental review under CEQA Guidelines Section 15183 (Project Consistent with Community Plan, General Plan, or Zoning), which applies to projects which are consistent with the General Plan for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or site. The project is consistent with and conforms to the goals and policies of the Milpitas General Plan 2040. The General Plan’s Community Health and Wellness (CHW) Element employs a “Health in All Policies” (HiAP) framework, which stresses the importance of infusing health awareness into all governmental programs, functions, and responsibilities.
The proposed ordinance would regulate the proximity of tobacco retailers to schools and limit their concentration, as well as allow the City to enforce performance standards for all tobacco retailers via the requirement of a Minor Conditional Use Permit and prohibit the sale of flavored tobacco products. The project advances several General Plan goals and policies, specifically CHW Policy 1-1, CHW Policy 7-2, and CHW Action 7e. This ordinance satisfies each element of these policies by exercising local regulatory authority over a land use with documented public health consequences. It also relies on measurable spatial indicators (buffer distances from schools and minimum separation between retailers). The ordinance also advances health equity by protecting youth and vulnerable populations from disproportionate tobacco exposure.
SECTION 7. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision, or part has no effect on the validity of the remainder.
SECTION 8. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The City Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize the City Manager, or Designee, to Negotiate and Execute an Amendment to the Professional Services Agreement with TDG Engineering, Inc. for the Milpitas Gateway-Main Street Sense of Place Plan (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Jay Lee, Planning Director, 408-586-3077)
Category: Consent Calendar-Community Development
Meeting Date: 9/1/2026
Recommendation: Authorize the City Manager, or designee, to negotiate and execute Amendment No. 3 to the Professional Services Agreement with TDG Engineering, Inc. to add scope of work, increase the not-to-exceed amount by $100,000 for a revised maximum compensation of $593,578 (to be fully funded by the grant), and extend the term of the Agreement through December 31, 2027, subject to execution of an amendment to the Master Funding Agreement Supplement with the granting agency, Metropolitan Transportation Commission.
BACKGROUND:
The Milpitas Gateway-Main Street Specific Plan (Plan) was originally adopted as the Midtown Specific Plan by the Milpitas City Council in March 2002 to maximize land use, transportation, and economic opportunities along the City’s historic Main Street and energize and catalyze mixed-use, transit-oriented development in this area, also known as the “heart” of Milpitas.
To meet the San Francisco Bay Area’s long-range goals of reduced greenhouse gas emissions and more affordable housing for all, the Metropolitan Transportation Commission (MTC) offered funding and technical assistance to local jurisdictions through its Priority Development Area (PDA) Planning Program. On February 23, 2023, City staff applied for grant funding to prepare the Milpitas Gateway-Main Street Sense of Place Plan, and the City was awarded $600,000.
On November 19, 2024, City Council accepted the grant and authorized a Professional Services Agreement (Agreement) with TDG Engineering, Inc. (TDG) for the Gateway-Main Street Sense of Place Plan for an initial not-to-exceed amount of $420,000. The Agreement was executed on November 26, 2024 with a term expiration date of November 30, 2026.
On May 20, 2025, City Council authorized the City Manager, or designee, to execute Amendment No. 1 to the Agreement to add $71,138 for additional scope of work, plus additional authority to approve changes of up to 10 percent, or $7,112, for a revised maximum authorized compensation of $498,250. On April 13, 2026, staff executed Amendment No. 2 to the Agreement to add $2,440 for additional work under the change authority delegated by City Council on May 20, 2025 and Milpitas Municipal Code Section I-2-3.21 (Authority to Modify Contracts Awarded by City Council) bringing the amount committed under the Agreement to $493,578 and leaving $4,672 of the previously approved change authority unused.
The updated Plan produced under this contract was adopted by the City Council on October 28, 2025 and establishes a vision for revitalization and mixed-use development within the Main Street, Crossroads, Gateway, and Abbott districts and identifies recommended infrastructure improvements for streets, multimodal corridors, alleys, paseos, plazas, parks, and gateway intersections.
ANALYSIS:
To support implementation of the Plan, staff request authorization to amend the current Agreement with TDG to provide district- and project-level Opinions of Probable Construction Cost for the recommended
infrastructure improvements identified in the updated Plan. To complete this additional scope of work, TDG will review existing planning and engineering documents, apply industry-standard cost estimating methodologies, and coordinate with City staff to prepare cost estimates and supporting technical documentation. The resulting information will aid the City’s development impact fee program, nexus study (required under California Government Code Section 66000 et seq. and applicable provisions of the Milpitas Municipal Code), and future capital improvement programming. Because the total fee under the Agreement exceeds $100,000, City Council approval of the amendment is required under Milpitas Municipal Code Section I-2-3.13-2(b). The cost estimating work will be performed by BKF Engineers, a subconsultant to TDG, under TDG’s direction. TDG will provide project management and coordination of the subconsultant.
The additional scope of work will build on prior and ongoing cost estimating efforts for master-planned utilities and incorporate typical roadway cross sections developed for various roadway classifications within the Plan area, which will allow TDG to use existing technical information while developing cost estimates that are consistent across the Plan districts and infrastructure types. TDG will also utilize recent unit cost information from comparable public works projects, established cost models, and current market conditions to prepare order-of-magnitude estimates. This methodology will account for anticipated cost drivers, unique conditions, and phasing considerations associated with the Main Street, Crossroads, Gateway, and Abbott districts. The estimates are intended to establish planning-level costs and will not constitute final construction estimates.
Amending the existing Agreement rather than initiating a separate procurement avoids duplication of effort and cost, as TDG prepared the infrastructure recommendations, roadway cross sections, and utility cost estimating work on which the Opinions of Probable Construction Cost will be built.
Deliverables will include a technical memorandum, district-level cost summary matrix, project-level estimate worksheets, and editable cost estimate files. The technical memorandum will document assumptions, methodologies, and significant cost drivers so that the City can update the estimates as project scopes, schedules, or market conditions change.
The vendor will coordinate with City staff from the Planning, Public Works, and Finance Departments throughout the process, and the work will also incorporate input from the Ad Hoc Main Street Revitalization Subcommittee and other applicable advisory bodies. This will help ensure that the estimates reflect the infrastructure improvements contemplated by the adopted Plan and that they are responsive to information developed through the Plan update process.
If approved by City Council, this work will be performed on a time and materials basis with a not-to-exceed amount of $110,000 and an estimated completion date of January 2027. Note that while the additional task has a not-to-exceed of $110,000, $10,000 of this cost will be reallocated from Task 4.5, District Branding and Wayfinding resulting in a net contract increase of $100,000 for this amendment. Additionally, to allow sufficient time for completion of this new scope of work, adequate time to address any additional follow-up requirements, time for completion of project closure, and to co-term this Agreement with the end date of the Metropolitan Transportation Commission’s Master Funding Agreement Supplement, staff recommend the amendment also extend the Agreement through December 31, 2027. Supplement No. 2 to the Master Funding Agreement, as amended by Amendment No. 1 effective July 1, 2025, currently requires the project to be completed no later than December 31, 2026.
MTC has acknowledged and accepted the additional scope of work and the extension of the Supplement through December 31, 2027, and the formal amendment is proceeding through MTC’s amendment and signature process. If MTC does not execute that amendment, the City will not execute Amendment No. 3 with TDG.
POLICY ALTERNATIVE(S):
Alternative 1: Do not authorize the City Manager, or designee, to negotiate and execute the amendment.
Pros: The City would avoid committing an additional $100,000 of grant funds and the associated staff coordination time.
Cons: The City will not be able to carry out any infrastructure improvements identified in the Plan without completing a cost analysis. Existing high-level or previously prepared estimates lack the specificity and technical documentation required for a legally defensible nexus study and development impact fee program.
Reason for Not Recommending: This alternative will not provide the detailed, district- and project-level cost opinions necessary to support the City’s impact fee calculations and long-term capital planning. Without updated, planning-level estimates tailored to the adopted Plan, the City will be unable to demonstrate a clear nexus between new development and the recommended public infrastructure improvements and will be unable to implement the identified projects within the Plan. Additionally, the City will leave over $100,000 in the MTC grant unspent.
PROJECT SCHEDULE/KEY MILESTONES
Milestone Target Completion Date
City Council authorization September 1, 2026
MTC Master Funding Agreement Supplement amendment executed September 2026 Amendment execution September 2026
Project kick-off meeting October 2026
Data Gathering and Methodology Development October 2026 Preparation of Draft Opinions of Probable Construction Cost December 2026 Review of Draft Estimates December 2026
Finalization of Cost Opinions and Technical Memorandum January 2027 Agreement term expiration December 31, 2027
FISCAL IMPACT:
Should City Council approve this amendment, the additional funds of $100,000 are available within the existing project budget for CIP Project No. 3504, Milpitas Gateway-Main Street Impact Fee Study and Sense of Place Plan. The funding source is the Priority Development Area Planning Grant Program administered by the MTC, which was previously awarded to the City and accepted by City Council action. Execution of this amendment will be subject to an executed amendment to the Master Funding Agreement Supplement with MTC to approve the additional scope of work and allocation of funds for this task, all of which is still within the $600,000 grant award. Funds are appropriated in the Capital Improvement Program for Project No. 3504 and carry forward across fiscal years; no additional appropriation is required.
Fiscal Summary of Contract (with proposed amendment):
Task Descriptions Not to Exceed 1
Task 1: Project Initiation & Management $41,140
Task 2: Existing Conditions Analysis 36,842
Task 3: Public Engagement 46,698
Task 4: Preliminary Design 128,540 3
Task 5: Draft Plan 51,094
Task 6: Impact Fee Study 63,350
Task 7: Final Plan & Impact Fee Adoption 30,252
Task 8: Additional Engagement 25,182
Task 9: Storm Drain Extension Planning 45,036
Task 10: Opinions of Probable Construction Cost 110,000 3 Allowance for reimbursable incidentals (subject to pre-approval by City) 2 15,444 Total Contract Cost $593,578
1 City to be billed based on costs associated with actual vendor hours required to complete the work. 2 Reimbursable incidentals include, but are not limited to, printing, copying, travel, etc. as required and approved in advance by City.
City will reimburse vendor at vendor’s actual cost or U.S. General Services Administration (GSA)-approved rates for pre-approved expenses.
3 With this amendment, $10,000 previously allocated to Task 4.5, District Branding and Wayfinding, will be reallocated to Task 10, resulting in a net increase to the Agreement of $100,000 for a revised not-to-exceed of $593,578.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This project involves only feasibility or planning studies for possible future actions which the City has not approved, adopted, or funded and does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors pursuant to Cal. Code Regs., tit. 14, §15262.
ATTACHMENT(S):
None.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize the City Manager, or Designee, to Execute a Purchase Order for One Specialty DUI Enforcement Patrol Vehicle Funded by the FY2026-27 California Highway Patrol Cannabis Tax Fund Grant Program (Staff Contact: Luz Cofresí- Howe, Finance Director, 408-586-3111; and Jared Hernandez, Chief of Police, 408-586-2406)
Category: Consent Calendar-Public Safety
Meeting Date: 9/1/2026
Recommendation: Authorize the City Manager, or designee, to execute a purchase order for one specialty DUI enforcement patrol vehicle, including outfitting and decals, in an amount not to exceed $98,660, with the vendor determined by the Purchasing Agent in accordance with Milpitas Municipal Code Section I-2-3.06, superseding the vendor- specific purchase order authorization approved by the City Council on August 11, 2026.
BACKGROUND:
On August 11, 2026, the City Council adopted Resolution No. 9535 accepting the FY2026-27 California Highway Patrol (CHP) Cannabis Tax Fund Grant Program award of $130,482 and appropriating $130,482 in revenue and $130,482 in expenditures in the State Grants Police Fund (Fund 268). By the same motion, the Council authorized a purchase order with Duval Ford for one specialty patrol vehicle, including outfitting and decals, not to exceed $98,660. The vote was 4-0-1.
The Grant Agreement funds 12 DUI saturation patrols and one DUI checkpoint between July 1, 2026 and June 30, 2027 and one Ford F-150 Police Responder marked for DUI enforcement. Duval Ford was named because it held the vehicle in stock. After the meeting and before a purchase order was issued, Duval Ford sold its remaining inventory of that vehicle to another public agency. No purchase order has been issued, and no grant funds have been expended.
ANALYSIS:
Milpitas Municipal Code Section I-2-3.21 allows the Purchasing Agent to modify a Council-approved contract only by extending the term up to twelve months, making minor revisions to scope or schedule, making clerical corrections, or approving an assignment. Substituting a different vendor is not one of these options, so additional City Council action is required.
Section I-2-3.06 permits award without competition when the Purchasing Agent determines in writing, after a good faith review of available sources, that only one viable source exists or that there is a compelling reason to use one source. That determination is vendor-specific and does not transfer, so the Purchasing Agent will make a new one and place it in the contract file. The compelling reason for a sole source is unchanged: the vehicle must be received, outfitted, and in service in time to complete the funded patrols and checkpoint before June 30, 2027, and a factory order cannot meet that schedule.
Staff recommends City Council authorization identify the purchase by the selection process rather than by vendor name. Dealer inventory turns over quickly, and a second vendor-specific authorization would put the schedule at risk again. The not-to-exceed amount, vehicle specification, outfitting scope, and funding source are unchanged from August 11, 2026. Only the identification of the vendor will change.
POLICY ALTERNATIVE(S):
Alternative 1: Return to the City Council with a new vendor-specific authorization once a replacement vendor is identified.
Pros: Council approves the vendor by name, as it did on August 11, 2026.
Cons: The next regular meeting is September 15, 2026, which would delay the purchase by two weeks.
Reason for Not Recommending: This alternative may result in the same issue currently experienced, where the vehicle is sold before the City Council approves the vendor and a purchase order can be issued.
Alternative 2: Conduct a competitive solicitation for the vehicle and outfitting.
Pros: Competitive procurement is typically best public procurement practice and is the City’s default method.
Cons: The solicitation and award cycle would extend past the performance period, and responsive bidders would be limited to those holding the vehicle in stock, the same constraint that supports the sole source determination.
Reason for Not Recommending: The vehicle would not be in service in time to complete the funded enforcement activities, placing the equipment portion of the award at risk.
PROJECT SCHEDULE/KEY MILESTONES
Milestone Target Date
Council authorization of purchase order September 1, 2026 Purchasing Agent sole source determination and vendor selection September 2026 Issue purchase order for specialty patrol vehicle Q1 FY2026-27 Receive and outfit vehicle Q2 FY2026-27
DUI saturation patrols (3 per quarter, 12 total) Q1-Q4 FY2026-27 DUI/DUID checkpoint Q4 FY2026-27
Submit quarterly reimbursement and progress reports Quarterly through June 30, 2027 Grant period ends June 30, 2027
Submit final expenditure report to CHP By August 29, 2027
FISCAL IMPACT:
There is no fiscal impact beyond the August 11, 2026 action. The $130,482 appropriation in the State Grants Police Fund (Fund 268) remains in place and no additional appropriation is requested. The purchase order remains subject to the not-to-exceed amount of $98,660, consisting of $62,764 for the vehicle and $35,896 for outfitting. The grant requires no match, and there is no General Fund impact from the grant-funded activities.
The grant does not fund ongoing vehicle costs. The Police Department estimates annual operating and maintenance costs of approximately $10,000 and annual vehicle replacement fund contributions of approximately $17,759, both funded from the General Fund and included in the Department’s base operating budget request, subject to appropriation by the City Council through the annual budget adoption process.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b).
ATTACHMENT(S):
None.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager, or Designee, to Execute a Stormwater Management Facilities Operation and Maintenance Agreement with KLA Corporation for 1 Technology Drive (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Category: Consent Calendar-Community Development
Meeting Date: 9/1/2026
Recommendation: Approve and authorize the City Manager, or designee, to execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and KLA Corporation for 1 and 3 Technology Drive.
BACKGROUND:
On March 27, 2019, the Milpitas City Planning Commission approved the Property Owner’s application for a Site Development Permit No. SD18-0011 and Lot Merger No. LC19-0001 to construct a two-story 25,300 square foot amenity building and related site improvements on the KLA campus and to merge two lots, at 1 and 3 Technology Drive (“Project”).
The Project is conditioned to comply with State Law and the City’s Municipal Regional Stormwater NPDES Permit (“MRP”) issued by the Regional Water Quality Control Board (“RWQCB”) where new development and redevelopment projects that create and/or replace 10,000 square feet or more of impervious surface are required to incorporate Low Impact Development (“LID”) post construction stormwater control measures into their project. LID control measures include such items as bioretention areas, flow-through planters, permeable pavements, infiltration trenches and tree well filters.
MRP section C.3.h.ii.(1)(a) and Milpitas Municipal Code Title XI Chapter 16 requires property owners of a development project meeting the 10,000 square foot threshold to execute and record a Stormwater Management Facilities Operation and Maintenance Agreement (“Agreement”) with the City for the perpetual operation, maintenance and annual inspection of LID stormwater treatment facilities.
ANALYSIS:
The Property Owner constructed stormwater bio-retention treatment areas to meet requirements of best management practices, low impact development, and integrated management practices for stormwater in accordance with the MRP. The Property Owner will be responsible for the perpetual maintenance and operation of the privately-owned stormwater treatment facilities within their private property.
The Property Owner has executed the Agreement for this Project, which requires the Property Owner to operate and maintain the installed stormwater treatment facilities in accordance with the MRP. The Property Owner must conduct an annual inspection of the facilities by a qualified independent inspector and submit the inspection report to the City Engineer by July 15 of each year. The Agreement also requires the Property Owner to deposit and maintain a minimum balance of $4,000 in a Private Job Account to fund the City's inspection of the facilities.
Staff recommends the City Council approve the Agreement (Attachment A) which has been reviewed and approved by the City Attorney as to form, and by the City Engineer as to content.
POLICY ALTERNATIVE(S):
Alternative 1:
Do not approve the Agreement for operation, maintenance and annual inspection of stormwater treatment facilities.
Pros: None
Cons: The Project will not comply with the conditions of the development, and the City’s Municipal Code and MRP.
Reason for Not Recommending: The approval of the Agreement allows the City to ensure the Property Owner properly maintains and operates the stormwater treatment facilities in accordance with the Agreement. In addition, the Agreement allows the City to inspect the facilities annually and take any potential enforcement actions, as necessary to ensure compliance.
FISCAL IMPACT:
There is no impact to the General Fund. The Agreement requires the Property Owner to deposit and maintain a minimum balance of $4,000 in a Private Job Account with the City to fund City staff inspection of the stormwater treatment facilities. The deposit is due at execution of the Agreement. All costs of operating, maintaining, repairing, and replacing the facilities are borne by the Property Owner. If the City performs work under Section 4 of the Agreement, the City is entitled to reimbursement, and unpaid amounts may be recorded as a lien or placed as a special assessment on the property tax roll.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The Planning Department conducted an environmental assessment of the project in accordance with CEQA.
By adoption of Resolution No. 14-022, on January 8, 2014, the Planning Commission previously approved an Initial Study and Mitigated Negative Declaration prepared for the development of this site. The original Initial Study/Mitigated Negative Declaration was circulated for public review between December 18, 2013, and January 8, 2014. Staff has prepared an Addendum to the Initial Study and Mitigated Negative Declaration Environmental Impact Assessment No. EA13-0005 pursuant to Section 15164 of the CEQA Guidelines.
On March 27, 2019, the Planning Commission approved the adoption of an addendum to the Mitigated Negative Declaration pursuant to Section 15162 which found no substantial changes were being proposed in the project scope that would increase any significant environmental impacts that would necessitate the preparation of a supplemental or subsequent initial study. As a separate and independent basis, the project is exempt from further CEQA review pursuant to Section 15183 of the California Environmental Quality Act, which applies to projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified. The project consists of a new amenity building that complies with the City’s existing zoning, specific plan, community plan, and general plan.
Therefore, no further environmental review is required. On this basis, the City Council relies on the previous CEQA reviews conducted in approving this agreement.
ATTACHMENT(S):
(a) Stormwater Management Facilities Operation and Maintenance Agreement
Order Number: NCS-921877-1-SC
Page Number: 8
First American Title Insurance Company
LEGAL DESCRIPTION
Real property in the City of Milpitas, County of Santa Clara, State of California, described as follows:
PARCEL ONE:
PARCEL 3, AS SHOWN ON THAT CERTAIN PARCEL MAP ENTITLED "BEING A SUBDIVISION OF PARCEL TWO OF THAT CERTAIN PARCEL MAP RECORDED IN BOOK 673 OF MAPS, PAGES 6, 7 AND 8, FILED FOR RECORD OCTOBER 30, 1997 IN BOOK 695 OF MAPS, PAGES 31 AND 32.
PARCEL TWO:
PARCEL A AS SHOWN ON LOT LINE ADJUSTMENT PERMIT CONTROL NO. 2014-001, AS EVIDENCED BY DOCUMENT RECORDED APRIL 07, 2014 AS INSTRUMENT NO. 22561372 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF PARCEL 2 AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED OCTOBER 30, 1997 IN BOOK 695 OF MAPS, PAGES 31 AND 32, SANTA CLARA COUNTY RECORDS.
AND, IN ADDITION THERETO, THE FOLLOWING AREA:
BEGINNING AT THE MOST NORTHERLY COMMON CORNER BETWEEN PARCELS 1 AND 2 OF SAID PARCEL MAP;
THENCE ALONG THE COMMON LINE BETWEEN SAID PARCELS SOUTH 38°21'18" EAST, 37.26 FEET;
THENCE CONTINUING ALONG SAID COMMON LINE SOUTH 24°05'11" EAST, 336.84 FEET;
THENCE LEAVING SAID COMMON LINE THE FOLLOWING TWO (2) COURSES:
1. SOUTH 65°54'49" WEST, 90.00 FEET;
2. NORTH 24°05'11" WEST, 352.39 FEET TO THE NORTHERLY LINE OF SAID PARCEL 1;
THENCE ALONG SAID NORTHERLY LINE NORTH 51°38'42" EAST, 83.39 FEET TO THE POINT OF BEGINNING.
APN: 086-43-031 (Affects Parcel One) and 086-43-039 (Affects Parcel Two)
STORMWATER CONTROL PLAN
KLA – New Amenity Building
1 Technology Drive
Milpitas, CA
Prepared By:
Luk and Associates
738 Alfred Nobel Drive
Hercules, CA 94547
(510)724-3388
Preparer: Manish Dalia, PE
Updated: August 7, 2019
ii
Table of Contents
I. Project Information ............................................................................. 1 A. Existing Conditions:................................................................1 B. New Site Description ..............................................................1 C. Stormwater Quality Control Opportunities:............................1 D. Stormwater Quality Control Constraints: ...............................2 E. Hydrograph Modification Management Requirements: .........2 II. Stormwater Treatment Evaluation .................................................... 2 A. Site Design Features: ..............................................................2 B. BMP and LID Applications: ...................................................3 C. Measures to Limit Directly Connected Impervious Areas: ....4 III. Description of Treatment Areas ......................................................... 4 A. Treatment Area .......................................................................4 B. Location of BMPs ...................................................................4 IV. Stormwater Sizing Calculations ......................................................... 5 V. Source Control Measures .................................................................... 5 VI. Permitting and Code Compliance ...................................................... 7 VII. BMP Operation and Maintenance ..................................................... 7 A. Means to Finance and Implement BMP Maintenance: ...........7 B. Summary of Maintenance Requirements: ...............................7 VIII. Certification .......................................................................................... 9
Appendices
Appendix A: City C.3 Data Form
Appendix B: Stormwater Treatment Plan
1 I. Project Information
A. Existing Conditions:
The improvement area is approximately 1.4 acres and is located at 1-Technology Drive in the existing commercial office development site, just west of Macarthy Blvd. in Milpitas, California. Currently, the improvement area is in a moderately sloped, existing landscaped plaza- area in the center of the property, between two existing buildings.
B. New Site Description:
The project is a 2- story commercial amenity building, surrounded by outdoor patios and connective sidewalks around the building’s west, south, and east sides. Parking is existing, and located to the north and south of the improvement zone. A sand surface volley-ball court will be located on the east side. A promenade sidewalk with be located on the west side.
C. Stormwater Quality Control Opportunities:
The following is a summary of opportunities for stormwater quality:
• The project has an existing awning structure on the north side of the building that will remain. Any new pavement work being installed be low this roof-top surface will not require treatment due to existing roof-coverage.
• The project has an existing underground storm drain system which can be utilized to facilitate new storm water treatment facilities.
• Since the improvement area is part of a much larger existing site development; therefore the 50% rule will not apply.
• The project creates/replaces less than 1 -Acre of impervious surfacing; therefore the site is exempt from Hydromodification requirements.
• Adjacent existing impervious su rfaces are hard piped to the existing storm drain system; therefore they are effectively bypassed from the new improvement zone, minimizing the size of the new treatment area footprints.
• The project’s small size and various available landscaping areas, tr eatment of stormwater infiltration planters will be possible. Bio -retention and Flow - through planters are located on the west, south, and east sides of the new building. These treatment areas will effectively treat all runoff from the new rooftop and pavement areas.
2 D. Stormwater Quality Control Constraints:
The following is a summary of stormwater quality constraints:
• The soil conditions (clay) on the site do not allow for infiltration of surface water; low permeability makes it undesirable for creating “w et” conditions near structures. Disposal of stormwater runoff to deep infiltration is not feasible on this site due to the low permeability soils.
• There are no groundwater concerns, since water table was found to be 19- ft below the ground surface.
E. Hydrograph Modification Management Requirements:
This project will not be required to create a Hydrograph Modification Management Plan because the project does not create over 1-Acre if impervious surface.
II. Stormwater Treatment Evaluation
This project i s considered a regulated redevelopment project which replaced 10,000 SF or more of impervious surface as defined by the City of Milpitas Municipal Regional Stormwater Permit Order No. R2-2009-0074. This project will comply with the City Regional Permit.
A. Site Design Features:
The following is a summary of site design features:
• The site maximizes the use of natural features and topography. The existing terrain is moderately sloped and post construction grading conforms to the existing terrain to avoid excessive cuts and fills.
• This project will adhere to the City’s goal of limiting urban storm water pollution. Al l new improvement areas will be drained into the storm water treatment facilities . All roof water will be “disconnected” (no hard pipe connection) from the underground storm drain system. All surfaces shall drain overland into stormwater treatment facilities prior to entering the storm system. These features will effectively reduce runoff pollutants. Landscape areas are strategically distribu ted t hroughout the site so that they can be utilized for treatment while respecting the existing topography of the site.
3 B. BMP and LID Applications:
Stormwater quality will be accomplished using various BMPs and LID applications that shall comply with the C ity’s Stormwater Design Standards (SWDS) and to the Maximum Extent Practicable (MEP).
• Implemented a “start at the source” site design. The project uses several small areas distributed throughout the project instead of traditional large regional detention and treatment facilities.
• Limit impervious surfaces to the MEP by maximizing landscaping features within the site and protecting existing trees/landscape-areas where possible.
• Implement a grading design that will direct runoff from impervious areas to stormwater treatment areas (disconnecting impervious areas) before the flows enter the public stormwater conveyance system.
• Capture and treat stormwater runoff from relatively small and frequent storm events where most of the runoff pollutants are generated.
• Select BMP and LID applications to maximize effectiveness in removing pollutants by prioritizing “bioretention” applications with minimum eighteen (18) inches of soil and a design surface loading rate not exceeding five (5) inches per hour and fed by gravity. Bioretention soils comply with the soils specification in the Santa Clara Valley Urban Runoff Pollution Prevention Program “C.3 Storm Water Handbook.”
• Maintain the natural topography to the maximum extent practicable with grading and site pla n design. The project’s proposed grading plans maintain predevelopment flow pattern and overland release points.
• Redirect all new building and site impervious area runoff to designated stormwater treatment areas. The runoff will be captured during high storm events and treated/drained for low -flow events. All treatment areas will be relatively flat or gently sloped to provide low velocities. Proposed vegetation in the stormwater treatment areas comply with accepted plants listed in Appendix D of the Sa nta C lara Valley Urban Runoff Pollution Prevention Program “C.3 Storm Water Handbook.”
• Reduce pollutants by disconnecting 100% of new impervious areas before the flows enter the public stormwater conveyance system.
• Use site landscaping as prime opportuni ty sites for stormwater treatment and detention.
4 • Incorporate efficient irrigation methods including use of drought resistant plants. Water reuse also occurs by allowing stormwater to flow through vegetated areas and treatment areas where moisture to veg etation is achieved, ultimately reducing irrigation.
C. Measures to Limit Directly Connected Impervious Areas:
• The project disconnects 100% of the site’s impervious areas. All impervious areas are directly flowing into stormwater treatment areas.
III. Description of Treatment Areas
As shown in the stormwater treatment plan, the following is a description of the treatment area and methods used.
A. Treatment Area
The project consists of a 2- story commercial development. The tributary areas consist of buildings, landscape, and treatment areas. Of the approximately 67,000 SF site, about 40,070 SF is impervious (~60%), with the remaining surface composed of pervious surfacing (40%). This project allocates ~ 1240 SF (~1.9%) of the site for bio-retention/flow-through planters and ~2100 SF (~3.1%) of the site for self - retention facilities . All BMPs will be designed per the City of Milpitas and Santa Clara County Stormwater Design Guidelines.
B. Location of BMPs
The BMPs are designed as follows and designated by the inl et description for each individual catchment area:
• CB#1 will collect stormwater runoff from A1, which includes the building roof top areas.
• CB#2 will collect stormwater runoff from A2, which includes the building roof top areas.
• CB#3 will collect stormwater ru noff from A3, which includes the site sidewalk areas.
• CB#4 will collect stormwater runoff from A4, which includes the site sidewalk areas.
• CB#5 will collect stormwater runoff from A5, which includes the site sidewalk areas.
• AD#1 will collect stormwater runoff from A6, which includes only landscape area, and is designated as a self-treating area.
• The Sand-court will collect stormwater runoff from A7, and retain it within the designated self-retaining area, with water being stored below grade within the subbase rock section. T he infiltration rate of the na tive soils is 0.25” per hour so the section would drain out over 3 days.
5 IV. Stormwater Sizing Calculations
BMPs shall be sized and utilized to provide water quality benefits, reduce runoff velocity, and increase stormwater travel time.
For bio- retention/flow-through planters, t he project sizing calculation s utilize the “Simplified Sizing Method” (flow-based sizing method) per the “C.3 Stormwater Handbook”, June 2016 Edition (Chapter-5:Section-7). Th is method of calculation specifies that the treatment area shall be “ equal to 4% of the contributing impervious area”.
For Self -retaining areas, the project sizing calculations utilize the “Self -Retaining Areas” (volume-based sizing method) guideline per the “C.3 Stormwater Handbook”, June 2016 Edition (Chapter -4:Section-4:Bullet-1). This method of calculation specifies that the treatment area shall be able to “retain the first 1 -inch of rainfall without producing any run-off” developed by the entire contributing drainage area.
V. Source Control Measures
The site has only building roof top and outdoor pedestrian walkway areas that would be a potential source of runoff pollutants. Commercial activities are limited to the confines of the building interiors. Sources and associated source control BMPs are in the table below.
Table 2 – Sources and Source Control BMPs
Potential
Sources
BMP Description
Education Property owner is responsible to provide practical information materials to the employees on general practices that contribute to the protection of the storm water quality. Materials shall include:
Chemical use guidelines and restrictions on the property. The proper handling of material such as fertilizers,
pesticides, and cleaning solutions.
The environmental and legal impacts of illegal dumping of harmful substances into storm drains and sewers.
Hazardous waste collection programs.
Proper procedures for spill prevention and clean up.
Proper storage of materials that pose pollution risks to local waters.
Landscape
Management
Ongoing management consistent with the CASQA “Stormwater Best Management Practice Handbook: New Development and
Redevelopment” BMPs SD-10 & SD-12, including limiting
pesticide and fertilizer usage and minimizing irrigation runoff.
6 BMP
Maintenance
Property owner is responsible for the inspection and maintenance of structural BMPs located on the property consistent with this Stormwater Control Plan and the City of “Stormwater Development Standards”.
Employee
Training
Property owner is responsible for training employees or hiring an outside consultant to properly implement this Stormwater Control Plan.
Drain Inlet
Inspection
All inlets shall be marked with “No Dumping Drains to Bay” or similar message. Property owner is responsible for inspection and maintenance of all privately owned drain inlets. All drain inlets will be cleaned prior to the storm season, no later than October 1st each year.
Street
Sweeping
N/A
Vehicle
Washing
Vehicle washing will be prohibited on the public streets.
Vehicle
Fueling
Vehicle fueling shall be strictly prohibited on-site.
Outdoor
Material
Storage
Outdoor material storage shall be strictly prohibited on-site.
Fire
Sprinklers
Sprinkler tests will drain to landscape treatment areas before entering the storm drain system. Sprinkler system shall be designed with a proposed method for discharge of any water.
Outdoor
Pesticide Use
Where possible, pest resistant plants will be used.
Planting for swales will be selected to be appropriate for the soil and moisture conditions.
Landscaping is to be maintained using integrated pest management principles with minimal or no use of pesticides.
Tenants will receive pest management information.
Garbage
Storage
Areas
All dumpsters will be marked with “Do not dump hazardous materials here” or similar.
Patios and
Walkways
All patio and walkway areas will drain to landscape treatment areas before entering the storm drain system.
7 VI. Permitting and Code Compliance
• There are no known conflicts between the proposed stormwater control plan and the City of Milpitas ordinances or policies.
VII. BMP Operation and Maintenance
A. Means to Finance and Implement BMP Maintenance:
Proper maintenance and operation of stormwater management facilities will be the responsibility of the owner. All necessary forms or agreements will be established between the City and developer during the course of final completion of the stormwater control plan.
The applicant will prepare and submit, for the City’s review, an acceptable Stormwater Control Operation and Maintenance Plan prior to completion of the construction and will execute a Stormwater Management Facilities Operation and Maintenance Agreement before sale, transfer, or permanent occupancy of the site.
The applicant accepts responsibility for maintenance of stormwater management facilities until such responsibility is transferred to another entity.
B. Summary of Maintenance Requirements:
Bio-Retention/Flow-Through planters remove pollutants primarily by filtering runoff slowly through an active layer of soil. Routine maintenance is needed to insure that flow is unobstructed, that erosion is prevented, and that soils are held together by plant roots and are biologically active. Typical routine maintenance consists of the following:
• Inspect inlets for channels, exposure of soils, or other evidence of erosion.
Clear any obstructions and remove any accumulation of sediment. Examine rock or other material sued as a splash pad and replenish if necessary.
• Inspect outlets for erosion or plugging.
• Inspect side slopes for evidence of instability or erosion and correct as necessary.
• Observe soil in the swale or planter for uniform percolation throughout. If portions of the swale or filter do not drain within 48-hours after the end of a storm, the soil should be tilled and replanted. Remove any debris or accumulation of sediment.
• Confirm that any check dams and flow spreader are in place and level and that channelization within the swale or filter is effectively prevented.
8 • Examine the vegetation to insure that it is healthy and dense enough to provide filtering and to protect soils from erosion. Replenish mulch as necessary, remove fallen leaves and debris, prune large shrubs or trees, and mow turf areas. Confirm that irrigation is adequate and not excessive.
Replace dead plants and remove invasive vegetation.
• Abate any potential vectors by filling holes in the ground in and around swale and by insuring that there are no areas where water stands longer than 48- hours following a storm. If mosquito larvae are present and persistent, contact the Santa Clara County Vector Control District for information and advice.
Mosquito larvicides should be applied only when absolutely necessary and then only by a licensed contractor.
• Maintenance of stormwater treatment areas will be required a minimum of one (1) time per year at the beginning of the rainy season. Additional maintenance may be required throughout the rainy season if excessive debris is found within the swales, or the swales do not drain completely in 48-hours after a rain event.
• Allow leaf drop to become part of the mulch layer in tree, shrub and groundcover areas.
• Keep lawn mower blades sharp and recycle grass clippings.
• Collect lawn and garden clippings, pruning waste, and tree trimming. Chip if necessary, and compost or take to the local municipal yard waste recycling/composting facility.
• Sweep paved areas regularly to collect loose particles. Wipe up spills with rags and other absorbent material immediately; do not hose down the area to a storm drain.
APPENDIX A:
City of Milpitas - SCVURPPP C.3. Data Form Page 1 of 4 12/2013
City of Milpitas – Stormwater Requirements C.3 Data Form Santa Clara Valley Urban Run-Off Pollution Prevention Program
1. Project Information
Project Name: ____________________________________APN # BBBBBBBBBBBBBBBBBBBBBBBBB Project Address:
Cross Streets:
Applicant/Developer Name:
Project Phase(s): ______of______ Engineer:
Project Type (Check all that apply):
New Development
Redevelopment
Residential
Commercial
Industrial
Mixed Use
Public
Institutional
Restaurant
Uncovered Parking
Retail Gas Outlet
Auto Service (SIC code) _______
Other ________________________________________
Project Description: _______________________________________________________________
Project Watershed/Receiving Water (creek, river, or bay):_______________________________ Which Projects Must Comply with Stormwater Requirements? All projects that create and/or replace 10,000 sq. ft. or more of impervious surface on the project site must fill out this worksheet and submit it with the development project application.
All restaurants, auto service facilities, retail gasoline outlets, and uncovered parking lot projects (stand-alone or part of another development project, including the top uncovered portion of parking structures) that create and/or replace 5,000 sq. ft. or more of impervious surface on the project site must also fill out this worksheet.
Interior remodeling projects, routine maintenance or repair projects such as re-roofing and re-paving, and single family homes that are not part of a larger plan of development are NOT required to complete this worksheet.
What is an Impervious Surface?
An impervious surface is a surface covering or pavement that prevents the land’s natural ability to absorb and infiltrate rainfall/stormwater. Impervious surfaces include, but are not limited to rooftops, walkways, paved patios, driveways, parking lots, storage areas, impervious concrete and asphalt, and any other continuous watertight pavement or covering. Pervious pavement, underlain with pervious soil or pervious storage material (e.g., drain rock), that infiltrates rainfall at a rate equal to or greater than surrounding unpaved areas OR that stores and infiltrates the water quality design volume specified in Provision C.3.d of the Municipal Regional Stormwater Permit (MRP) is not considered an impervious surface.
For More Information
For more information regarding selection of Best Management Practices for stormwater pollution prevention or stormwater treatment in Santa Clara County: http://www.scvurppp-w2k.com/c3_handbook_2012.shtml (5013-5014, 5541, 7532-7534, 7536-7539)
KLA Tencor Building (P-SD18-0011) 086-43-031 & 086-43-039 1 Technology Drive, Milpitas, Ca
McCarthy Blvd (to east)
Ms. Nicole Kraiss
11 Luk & Associates
✔
✔ designated "Light Industrial" per zoning (M1)
Construct a ~25,000-sf two-story building on the existing campus propert y.
Includes Lot-Merger and adjacent site and utility service improvements.
Coyote Creek
City of Milpitas - SCVURPPP C.3. Data Form Page 2 of 4 12/2013
2. Project Size
a. Total Site Area:
____________________acre
b. Total Site Area Disturbed: __________________ acre
(including clearing, grading, or excavating)
Existing Area (ft2) Proposed Area (ft2) Total Post-Project Area (ft2) Replaced New
Impervious Area
Roof
Parking
Sidewalks and Streets
c. Total Impervious Area
d. Total new and replaced impervious area
Pervious Area
Landscaping
Pervious Paving
Other (e.g. Green Roof)
e. Total Pervious Area
f. Percent Replacement of Impervious Area in Redevelopment Projects (Replaced Total Impervious Area ÷ Existing Total Impervious Area) x 100% = _______________________%
3. State Construction Gen eral Permit Applicability:
a. Is #2.b. equal to one acre or more?
Yes, applicant must obtain coverage under the State Cons truction General Permit (i.e., file a Notice of Intent and prepare a Stormwater Pollution Prevention Plan) (see www.swrcb.ca.gov/water_issues/programs/stormwater/construction.shtml for details).
No, applicant does not need coverage under the State Construction General Permit.
4. MRP Provision C.3 Applicability:
a. Is #2.d. equal to 10,000 sq. ft. or more, or 5,000 sq. ft. or more for restaurants, auto service facilities, retail gas outlets, and uncovered parking?
Yes, C.3. source control, site design, and treatment requirements apply.
No, C.3. source control and site design requirements may apply – check with local agency b. Is #2.f. equal to 50% or more?
Yes, C.3. requirements (site design, source control, as appropriate, and stormwater treatment) apply to entire site.
No, C.3. requirements only apply to impervious area created and/or replaced.
5. Hydromodification Manage ment (HM) Applicability:
a. Does project create and/or replace one acre or more of impervious surface AND is the total post-project impervious area greater than the pre-project (existing) impervious area?
Yes (continue)
No – exempt from HM, go to page 3
b. Is the project located in an area of HM applicability (green area) on the HM Applicability Map? ( www.scvurppp-w2k.com/hmp_maps.htm )
Yes, project must implement HM requirements
No, project is exempt from HM requirements
66,981 SF 1.54
20 6422 (6422-remain)
19099 (11854-remain)
0 0
0 12677 (5432-remain) 0
0 14748
0 13467
28215
14748
0 13467
28215
28215 (< 1-Acre)
47882 0 38766 38766
0 0
47882
0 0
0 0
0 38766
0 0
38766
0 ✔
✔
✔
✔
City of Milpitas - SCVURPPP C.3. Data Form Page 3 of 4 12/2013
6. Selection of Specific Stormwater Control Measures:
Site Design Measures
Minimize land disturbed
Minimize impervious
surfaces
Minimum-impact street
or parking lot design
Cluster structures/
pavement
Disconnected downspouts
Pervious pavement
Green roof
Microdetention in
landscape
Other self-treating area
Self-retaining area
Rainwater harvesting and
use (e.g., rain barrel, cistern
connected to roof drains) 1
Preserved open space:
_______ ac. or sq. ft
.(circle one)
Protected riparian and
wetland areas/buffers
(Setback from top of bank:
_______ft.)
Other _______________
Source Control Measures
Alternative building
materials
Wash area/racks, drain to
sanitary sewer2
Covered dumpster area,
drain to sanitary sewer2
Sanitary sewer
connection or accessible
cleanout for swimming
pool/spa/fountain
2 Beneficial landscaping
(minimize irrigation, runoff,
pesticides and fertilizers;
promotes treatment)
Outdoor material storage
protection
Covers, drains for loading
docks, maintenance bays,
fueling areas
Maintenance
(pavement
sweeping, catch basin
cleaning, good housekeeping)
Storm drain labeling
Other _______________
Treatment Systems
None (all impervious surface
drains to self-retaining areas)
LID Treatment
Rainwater harvest and
use
(e.g., cistern or rain barrel
sized for C.3.d treatment)
Infiltration basin
Infiltration trench
Exfiltration trench
Underground detention
and infiltration system
(e.g. pervious pavement drain
rock, large diameter conduit)
Biotreatment 3
Bioretention area
Flow-through planter
Tree box with
bioretention soils
Other _______________
Other Treatment Methods
Proprietary tree box filter4
Media filter (sand, compost,
or proprietary media)4
Vegetated filter strip5
Dry detention basin5
Other _______________
Flow Duration Controls for Hydromodification Management (HM)
Detention basin Underground
tank or vault
Bioretention with outlet
control
Other
_______________
1 Optional site design measure; does not have to be sized to comply with Provision C.3.d treatment requirements. 2 Subject to sanitary sewer authority requirements.
3 Biotreatment measures are allowed only with completed feasibility analysis showing that infiltration and rainwater harvest and use are infeasible.
4 These treatment measures are only allowed if the project qualifies as a “Special Project”. 5 These treatment measures are only allowed as part of a multi-step treatment process. ✔
✔
✔
✔
✔
✔ ✔
✔
✔
City of Milpitas - SCVURPPP C.3. Data Form Page 4 of 4 12/2013
7. Treatment System Sizing for Projects with Treatment Requirements
Indicate the hydraulic sizing criteria used and provide the calculated design flow or volume:
Treatment System Component Hydraulic Sizing
Criteria Used3
Design Flow or
Volume
(cfs or cu.ft.)
3Key: 1a: Volume – WEF Method
1b: Volume – CASQA BMP Handbook Method
2a: Flow – Factored Flood Flow Method
2b: Flow – CASQA BMP Handbook Method
2c: Flow – Uniform Intensity Method
3: Combination Flow and Volume Design Basis
8. Alternative Certification: Was the treatment system sizing and design reviewed by a qualified third- party professional that is not a member of the project team or agency staff?
Yes
No Name of Reviewer: ___________________________________________
9. Operation & Maintenance Information
A. Property Owner’s Name: _________________________________________ B. Responsible Party for Stormwater Treatment/Hydromodification Control O&M:
a. Name: _________________________________________
b. Address: _________________________________________
c. Phone/E-mail: _________________________________________
This section to be completed by City of Milpitas staff.
O&M Responsibility Mechanism
Indicate how responsibility for O&M is assured. Check all that apply:
O&M Agreement
Other mechanism that assigns responsibility (describe below):
________________________________________________________________________________________ ________________________________________________________________________________________
Reviewed:
Planning Department Public Works Department
Planning Division: ________ Land Development: ________ Other (Specify): ________ Ot her (Specify): ________
Bio-Retention & Flow-Through Planters 2c 0.18 cfs
✔
KLA Tencor
Manish Dalia - Luk and Associates
738 Alfred Nobel Drive, Hercules CA 94547
510-724-3388 - [email protected]
APPENDIX B:
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Accept the Improvements and Authorize the City Engineer to File a Notice of Completion and Issue a Notice of Final Acceptance after the One-Year Warranty for Curtis Recycled Water Line Repair Project – Phase 1 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 9/1/2026
Recommendation: Adopt a resolution to accept the improvements for the Curtis Recycled Water Line Repair Project – Phase 1, and authorize the City Engineer to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty.
BACKGROUND:
On April 21, 2026, by Resolution No. 9500, the City Council awarded a construction contract to GSW Construction, Inc. (“Contractor”) for the Curtis Ave. Recycled Water Line Repair – Phase 1 Project (“Project”) and appropriated $205,130 to the Water Operations & Maintenance Fund, consisting of $164,130 for the construction contract and $41,000 for change order contingency. The work included excavating a pit to access the 20-inch recycled water main within the City’s utility easement at 777 Gibraltar Drive and performing a CCTV inspection to locate the leak that occurred in April 2025. The main is operated under the Operation and Maintenance Agreement between the City of Milpitas and the City of San José, under which San José reimburses the City for recycled water system costs.
ANALYSIS:
The Project was successfully completed on time and within budget and identified the location of the leak to start the design to repair the recycled water main. Staff recommend the City Council adopt a resolution (Attachment A) accepting the Project and authorizing the City Engineer to file a Notice of Completion, attached to the resolution as Exhibit A, in accordance with the provisions of Section 9204 of the Civil Code. Staff also recommend the City Council authorize the City Engineer to issue a Notice of Final Acceptance after the one- year warranty period without further City Council action, provided that all warranty work is completed to the satisfaction of the City Engineer.
POLICY ALTERNATIVES:
Alternative: Deny the adoption of the Resolution granting acceptance of the Project and filing the Notice of Completion.
Pros: None.
Cons: A denial would result in the City being unable to accept the completed improvements and commence the one-year warranty in accordance with the contract documents.
Reason not Recommended: The Contractor has completed the Project in accordance with the approved contract documents. A denial to accept the Project could be considered as a breach of contract and risk a possible claim by the Contractor.
PROJECT SCHEDULE/KEY MILESTONES:
Following this action, the City Engineer will issue the Notice of Final Acceptance after the one-year warranty period provided all required warranty work is completed upon satisfaction. In addition, staff will solicit a
consultant to prepare plans and specifications for the repair of the recycled water main in the coming months to start construction by the summer of 2027.
FISCAL IMPACT:
On April 21, 2026, by Resolution No. 9500, the City Council appropriated $205,130 to the Water Operations & Maintenance Fund for the Curtis Ave. Recycled Water Line Repair – Phase 1 Project, consisting of $164,130 for the construction contract with GSW Construction, Inc. and $41,000 for contract change order contingency.
Pursuant to the Operation and Maintenance Agreement between the City of Milpitas and the City of San José, all project costs are fully reimbursed by the City of San José, resulting in no net impact to the Water Operations & Maintenance Fund or the General Fund. Acceptance of the improvements carries no additional fiscal impact.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The Project consists of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301.
ATTACHMENTS:
(a) Resolution and Notice of Completion
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS
GRANTING ACCEPTANCE OF THE CURTIS RECYCLED WATER LINE
REPAIR PROJECT – PHASE 1 AND AUTHORIZING THE CITY ENGINEER TO
FILE A NOTICE OF COMPLETION AND ISSUE A NOTICE OF FINAL
ACCEPTANCE
WHEREAS, on April 21, 2026, the City Council, by Resolution No. 9500, awarded a contract to GSW Construction, Inc. in the amount of $164,130 for the Curtis Ave. Recycled Water Line Repair – Phase 1 Project ('Project'); and
WHEREAS, the City Engineer of the City of Milpitas has recommended acceptance of said improvements as completed in accordance with plans, specifications and approved change orders and correction lists, and in accordance with the final inspection of said City Engineer.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City of Milpitas does hereby accept said improvements as completed on this 1st day of September, 2026, and does hereby authorize and direct the City Engineer of the City of Milpitas to file a Notice of Completion in accordance with the provisions of Section 9204 of the Civil Code of the State of California, and does hereby authorize and direct the City Engineer to file a Certificate of Completion in accordance with the provisions of Section 4005 of the Government Code of the State of California, if said work was by day’s labor or force account.
3. The City Council authorizes the City Engineer to issue the Notice of Final Acceptance after the one-year warranty period without further City Council action, provided all required warranty repairs are completed to the satisfaction of the City Engineer.
4. Nothing herein contained shall in any way be deemed to be a waiver, release or relinquishment by City of any obligations imposed upon the contractor or its surety, or sureties, by law or by the above-referenced improvement contract, save and except those obligations specifically mentioned herein.
PASSED AND ADOPTED this 1st day of September, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
2 Resolution No. XXXXX
ATTEST: APPROVED:
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
Christian M. Curtis, City Attorney
3 Resolution No. XXXXX
Recording Requested by and
When Recorded Mail to:
City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035
Attention: City Clerk
Record without fee under
Section 6103 - Government Code
State of California
CITY OF MILPITAS
NOTICE OF COMPLETION
(Civil Code Section 9204)
NOTICE IS HEREBY GIVEN:
1. On or about April 21, 2026, the City Council of the City of Milpitas, a municipal corporation of the State of California, whose address is City Hall, 455 East Calaveras Boulevard, Milpitas, California, 95035 (as owner) entered into a contract for work of: Curtis Ave. Recycled Water Line Repair Project – Phase 1.
2. A description of the site of which the City is owner for said work of improvements is: in the utility easement at 777 Gibraltar Drive in the City of Milpitas, Santa Clara County, California, more particularly described on the plans.
3. The name and address of the direct contractor is: GSW Construction, Inc., 101 The Embarcadero, San Francisco, CA 94105.
4. A general statement of the kind of work done or materials furnished to the City is as follows: To identify the exact location of the leak from April 2025 by excavation and video inspection of the 20-inch recycled water main.
5. Said work of improvements was accepted by the Milpitas City Council as complete on September 1, 2026.
************************************************************************************* I, the undersigned, declare that I am the City Engineer of the City of Milpitas and am authorized to execute the foregoing Notice of Completion and this Verification thereof. I have read the foregoing Notice of Completion.
I declare under penalty of perjury that the foregoing Notice of Completion is true and correct. Executed on ________, 2026 at Milpitas, California.
__________________________________
Michael Silveira, P.E., City Engineer
City of Milpitas
_____________________________________________________________________________________ NOTE: RECORD WITHIN 15 DAYS OF ACCEPTANCE WITH COUNTY RECORDER OF SANTA
CLARA COUNTY
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt Ordinance No. 232.2 Amending Chapter 3, Backflow Prevention and Cross-Connection Control, of Title VIII of the Milpitas Municipal Code (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Category: Public Hearings-Community Services and Sustainable Infrastructure Meeting Date: 8/18/2026
Recommendation: Waive the second reading and adopt Ordinance No. 232.2 amending Chapter 3, Backflow Prevention and Cross-Connection Control, of Title VIII of the Milpitas Municipal Code to align and comply with the Cross-Connection Policy Handbook, adopted by the California State Water Resources Control Board.
BACKGROUND:
On June 9, 2026, the City Council introduced Ordinance No. 232.2 at the public hearing to amend Chapter 3 - Backflow Prevention and Cross-Connection Control of Title VIII of the Milpitas Municipal Code. There have been no changes to the Ordinance since the first reading; it is now ready for its second reading and adoption.
ANALYSIS:
Adopting the amendments to the Ordinance will align and comply with the Cross-Connection Policy Handbook (CCCPH), adopted by the California State Water Resources Control Board, which ensures safeguards for the City’s water system against potential contamination. In summary, the amendments provides the City with the authority to implement its City’s Cross-Connection Control Plan (CCCP), includes updated definitions, gives rights to the City to enter private property for inspections, provides guidelines for installing, inspecting, repairing, and/or replacing backflow prevention assemblies (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. Staff recommends the City Council adopt Ordinance No. 232.2 (Attachment A) to amend Chapter 3 - Backflow Prevention and Cross-Connection Control of Title VIII of the Milpitas Municipal Code.
PROJECT SCHEDULE/KEY MILESTONES
Following adoption of Ordinance 232.2, a summary of the adopted ordinance will be posted in the Milpitas Post within 30 days of the August 18, 2026 hearing.
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 will 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. The City would be exposed to lawsuits due to severe negligence.
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 efforts to conform to the latest CCCHP requirements; 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 process. Additionally, changes to the City User & Regulatory Fee Schedule will be proposed to recover the costs of this additional workload as soon as practicable.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action has no potential to result 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:
(a) Ordinance No. 232.2 – Redlined
(b) 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