Milpitas City Council
October 6, 2026

October 6, 2026 Milpitas City Council Agenda Page 1

JOINT MEETING OF THE MILPITAS

CITY COUNCIL AND HOUSING AUTHORITY
AGENDA
TUESDAY, OCTOBER 6, 2026
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:

Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
* To access written translation during the meeting, scan the QR Code.

The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.

You may watch the Council meeting without providing public comment by accessing it via links here.

Meeting shall be livestreamed - Go to:

Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming

PUBLIC COMMENT INSTRUCTIONS
Members of the public may provide oral public comment in person during the City Council meeting or remotely via Zoom.

Individual speakers are generally limited to three (3) minutes or less, as determined by the Mayor. Members of the public may provide one comment per agenda item and one comment during General Public Comment. Written comments may be submitted by email to [email protected]. To participate via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_1n1R6SB2S6miC6JyOcU0ZQ NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.

For complete information about attending meetings, providing public comment, remote participation, language access services, accessibility accommodations, and viewing options, visit: https://www.milpitas.gov/1443/Participating-in-City-CouncilMeetings

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

October 6, 2026 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 PM)

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency’s Designated Representative(s): Rick Bolanos, Liebert Cassidy Whitmore Employee Organization(s): Professional and Technical Employees, Mid-Management and Confidential Employees, Milpitas Employees Association, International Association of Firefighters, Milpitas Police Officers Association, Unrepresented Employees CLOSED SESSION ANNOUNCEMENT:

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

PLEDGE OF ALLEGIANCE
INVOCATION (Vice Mayor Barbadillo)

PRESENTATIONS
● Fire Prevention Week - October 4-10, 2026 (Proclamation) ● Indigenous Peoples' Day - October 12, 2026 (Proclamation) ● Hindu American Awareness and Appreciation Month (Proclamation) ● California Clean Air Day - October 7, 2026 (Proclamation)

PUBLIC FORUM
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.

As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA

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

C1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Recommendation: Receive City Council Calendar of Meetings for October 2026.

C2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Recommendation: Approve City Council Meeting minutes of September 15, 2026.

October 6, 2026 Milpitas City Council Agenda Page 3
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.

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

C5. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3005)
Recommendation: Receive Mayor Montano's recommendations and approve and confirm recommendations for appointments to City Commissions.

C6. Accept FY2025-26 Annual Report and Approve FY2026-27 Commission Work Plans for Eight Commissions (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Recommendation: (1) Accept the FY2025-26 Commission Annual Report; and (2) Approve FY2026-27 Work Plans for: (a) Arts Commission; (b) Economic Development and Trade Commission; (c) Library and Education Advisory Commission; (d) Parks, Recreation and Cultural Resources Commission; (e) Senior Advisory Commission; (f) Technology Commission; (g) Veterans Commission; and (h) Youth Advisory Commission.

C7. Adopt a Resolution Delegating Authority to the City Manager to Take Emergency Action and to Let Emergency Contracts Without Giving Notice Soliciting Competitive Bids (Staff Contact:

Scott Transou, Assistant City Manager, 408-586-3012)
Recommendation: Rescind Resolution No. 9134 and adopt a new resolution delegating emergency contracting and remedial action authority under Public Contract Code Sections 22035 and 22050(b)(1) to the City Manager in his/her capacity as Director of Emergency Services, as established by MMC Section V-1-4.01.

C8. Authorize the City Manager, or Designee, to Negotiate and Execute Purchase Orders for the Purchase of Vehicles, including Outfitting, from Various Vendors within Appropriated Budget (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602)
Recommendation: Authorize the City Manager, or designee, to negotiate and execute purchase orders with various vendors using informal bids or cooperative purchasing agreements pursuant to Milpitas Municipal Code Sections I-2-3.03(d) and I-2-3.05 as required for the purchase of City vehicles, including outfitting, for a total combined amount not to exceed $2,411,029 as previously appropriated by City Council, and designate this procurement approach as in the best interest of the City.

C9. Authorize the City Manager, or Designee, to Negotiate and Execute an Amendment to the Software License and Professional Services Agreement with OpenGov, Inc. for Budget and Planning Software and Expert Services (Staff Contact: Luz Cofresí-Howe, Finance Director, 408- 586-3111)
Recommendation: Authorize the City Manager, or designee, to negotiate and execute an amendment to the Software License and Professional Services Agreement with OpenGov, Inc. for Budget and Planning Software and Expert Services to extend the Agreement for an additional five years through

October 6, 2026 Milpitas City Council Agenda Page 4
October 15, 2031, and add $609,401 for a revised not-to-exceed amount of $782,282, subject to appropriation by the City Council through the annual budget adoption process.

C10. 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 for Calaveras Median Beautification Project (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Recommendation: Adopt a resolution to accept the improvements for Calaveras Median Beautification Project, CIP No. 3468, and authorize the City Engineer to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty period.

C11. Approve and Authorize the City Manager, or Designee, to Execute an Amendment to the Funding Agreement with Santa Clara Valley Transportation Authority for the Calaveras Boulevard Widening Project (Staff Contact: Christian Di Renzo, Public Works Director, 408-586- 2602; and Michael Silveira, City Engineer, 408-586-3303) Recommendation: Approve and authorize the City Manager, or designee, to execute Amendment No. 2 to the Funding Agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority for the Calaveras Boulevard Widening Project, CIP No. 4258, to reinstate the agreement effective July 1, 2026, and extend the term through December 31, 2029, at no additional cost to the City.

C12. 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 for Police Department Locker Room Renovation Project (Staff Contact: Christian Di Renzo, Public Works Director, 408-586- 2602; and Michael Silveira, City Engineer, 408-586-3303) Recommendation: Adopt a resolution to accept the improvements for Police Department Locker Room Renovation Project, CIP No. 3406, and authorize the City Engineer to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty period.

C13. Consider a Fee Waiver Request from PRAGNYA and a Donation Request from Korean Language and Culture Foundation (Staff Contact: Renée Lorentzen, Director of Recreation and Community Services, 408-586-3409)
Recommendation: Approve a Fee Waiver of $1,500 for the PRAGNYA Inclusive Dandiya at the Milpitas Senior Center on October 17, 2026, and approve a donation of $500 for the Korean Language and Culture Foundation event, 583rd Korean Alphabet Day Celebration, held at the Milpitas Public Library on October 4, 2026.

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE

14. Approve an Update to the City Council Mural Program Policy (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Recommendation: Approve the updated City Council Mural Program Policy.

LEADERSHIP AND SUPPORT SERVICES

15. Authorize the Executive Director to Exercise Remedies Under the Disposition and Development Agreement with Senior Lifestyles, LLC and Prepare for Disposition a Parcel of Land Located at 1504 S. Main Street (Staff Contact: Scott Transou, Assistant City Manager, 408-586-3012; and Christian M. Curtis, City Attorney, 408-586-3040)

October 6, 2026 Milpitas City Council Agenda Page 5
Recommendation: Authorize the Executive Director to take all necessary actions to prepare the parcel of land located at 1504 S. Main Street (APNs 083-41-004 and 083-41-013) for disposition by the Housing Authority, including (1) exercise of any rights and remedies (including the right to purchase for $1) under the DDA, (2) negotiate a compromise of any outstanding contractual issues and return for Housing Authority Board approval, (3) secure removal of soil temporarily stored on the land, and (4) take such other actions as are necessary, incidental, or appropriate to prepare the property for disposition.

16. Receive Status Report and Provide Direction Regarding Tenancies at 1432-1446 South Main Street, Including the Milpitas Food Pantry, and Disposition of City-Owned Property at 1452-1466 South Main Street and 1474-1488 South Main Street (Staff Contacts: Scott Transou, Assistant City Manager, 408-586-3012; and Jeannie Young, Senior Special Projects Associate, 408-586- 3007)
Recommendation: Receive status report and provide direction regarding tenancies at 1432-1446 South Main Street (APN 083-41-001) and disposition of City-owned Property at 1452-1466 South Main Street (APN 083-41-002) and 1474-1488 South Main Street (APN 083-41-003).

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.

ADJOURNMENT

KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail: [email protected] / Phone: 408-586-3040
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.

Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)

APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.

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

If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3005 or send an e-mail to [email protected] prior to the meeting. Larger font agendas are available upon request.

MILPITAS CITY COUNCIL CALENDAR
October 2026
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
2 3
4 5
7:00 PM-Parks, Recreation & Cultural
Resources Commission (EC)
6 6:00 PM-Closed Session
7:00 PM-City Council
7 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
5:30 PM-Veterans Commission (GB)
7:00 PM-Community Housing
Commission (EC)
8 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
9 10
11 12
4:30 PM-Economic Development and
Trade Commission (WL)
13 14
12:00 PM-Santa Clara Valley Water
District - Water Commission (CM)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Sunnyvale)
7:00 PM-Planning Commission
15 16 17
18 19
7:00 PM-Technology Commission
(WL)
20 5:00 PM-Closed Session
7:00 PM-City Council
21 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
22 23 24
25 26 27
1:30 PM-Senior Advisory Commission
(HL)
5:30 PM-Special City Council
28 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (CM)
7:00 PM-Planning Commission
29 30 31
September 2026

S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
November 2026

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

September 15, 2026 Milpitas City Council Minutes Page 1

JOINT MEETING OF THE MILPITAS

CITY COUNCIL AND HOUSING AUTHORITY

MINUTES
TUESDAY, SEPTEMBER 15, 2026
The City Council of the City of Milpitas convened in a Joint Meeting of the Milpitas City Council and Housing Authority on September 15, 2026, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 6:00 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Barbadillo (6:06 PM), Councilmember Chua, Councilmember Lam, Councilmember Lien
ABSENT: None.

City Attorney Curtis briefed the City Council on the Closed Session.

ADJOURN TO CLOSED SESSION
The City Council adjourned to Closed Session at 6:02 PM. (a) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Existing Litigation Pursuant to Government Code § 54956.9(d)(1) In the Matter of ShaRon Lewis v City of Milpitas, et al., Superior Court of California, County of Santa Clara, Case No. 22CV398994
City as Defendant
CLOSED SESSION ANNOUNCEMENT:

Upon the City Council reconvening at 7:00 PM, City Attorney Curtis had no report from Closed Session.

PLEDGE OF ALLEGIANCE
The City Council recited the Pledge of Allegiance.

INVOCATION
Councilmember Chua provided the invocation.

PRESENTATIONS
Mayor Montano, joined by the City Council, presented proclamations in recognition of IT Professionals Day, Mexican Indepedence Day, and Childhood Cancer Awareness Month, and a commendation in recondition of Milpitas Cancer Kids First.

September 15, 2026 Milpitas City Council Minutes Page 2

PUBLIC FORUM
There were the following public speakers:

1. Stacy Brobst

2. Rob Means

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Curtis asked the Mayor and City Councilmembers if they had any personal conflicts of interest.

By roll call, there were no conflicts of interest. City Attorney Curtis asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.

READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Montano read the City Council Code of Conduct.

APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.

Motion/Second: Councilmember Chua / Vice Mayor Barbadillo by the following:

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

CONSENT CALENDAR
After discussion, motion: to approve the Consent Calendar.

Motion/Second: Councilmember Chua / Vice Mayor Barbadillo Motion carried by the following:

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

1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Received City Council Calendar of Meetings for September and October 2026.

2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Approved City Council Meeting minutes of September 1, 2026.

3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.

September 15, 2026 Milpitas City Council Minutes Page 3

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

5. Authorize the City Manager to Send a Response Letter to Santa Clara County Civil Grand Jury Final Report on Pothole Damage Claims (Staff Contact: Scott Transou, Assistant City Manager 408-586-3012)
Authorized the City Manager to send a response letter to the Santa Clara County Civil Grand Jury Final Report "Pothole Damage: Improving claims processes within Santa Clara County."

6. Authorize the City Manager to Send a Response Letter to the Santa Clara County Civil Grand Jury Final Report on VTA’s Management and Oversight of BART Silicon Valley Phase II (Staff Contact: Scott Transou, Assistant City Manager 408-586-3012) Authorized the City Manager to send a response letter to the Santa Clara County Civil Grand Jury Final Report “VTA’s Management and Oversight of BART Silicon Valley Phase II.”

7. Adopt a Resolution Approving the 2026 Biennial Update to the City of Milpitas Conflict of Interest Code (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001; and Christian M.

Curtis, City Attorney, 408-586-3041)
Adopted Resolution No. 9539 approving the 2026 biennial update to the City of Milpitas Conflict of Interest Code, including the revised list of designated positions and disclosure categories and the requirement for electronic filing of Statements of Economic Interests beginning January 1, 2027.

8. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3005)
Received Mayor Montano's recommendations and approved and confirmed the following appointments to City Commissions.

Arts Commission:

1. Reappoint Vicki Young to a term ending September 2029 *

2. Reappoint Darra Cacao to a term ending September 2029 *

3. Promote Helen Qiu to a full voting seat with a term ending September 2029 * Community Housing Commission:

1. Appoint Carter Lau as a non-voting student member with a term ending January 2029 Energy and Environmental Sustainability Commission:

1. Reappoint Jared Acosta to a term ending September 2029 *

2. Reappoint Pranav Parikh to a term ending September 2029 *

3. Reappoint Thelma Batilo to a term ending September 2029 * Public Safety and Emergency Preparedness Commission:

1. Appoint Atrey Lahiri as a non-voting student member with a term ending June 2029 Senior Advisory Commission

1. Appoint James Modrall as an Alternate member with a term ending December 2029

September 15, 2026 Milpitas City Council Minutes Page 4

9. Authorize the City Manager, or Designee, to Negotiate and Execute an Amendment to the Janitorial Services Agreement with Imperial Maintenance Services, Inc. (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602)
Authorized the City Manager, or designee, to negotiate and execute an amendment to the Janitorial Services Agreement with Imperial Maintenance Services, Inc. to add scope of work, schedules, and pricing for park restrooms and currently inactive locations and services and to add $511,927 for a revised not-to-exceed amount of $2,998,790, subject to appropriation by the City Council through the annual budget adoption process.

10. Authorize the City Manager, or Designee, to Execute Purchase Orders with Multiple Vendors for Maintenance Supplies, Materials, and Related Services (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602) Authorized the City Manager, or designee, to negotiate and execute purchase orders with 34 vendors for as-required citywide purchases of maintenance supplies, materials, and related services for a fiveyear term beginning October 1, 2026 and ending September 30, 2031, in the individual not-to-exceed amounts set forth in Attachment A and a combined five-year total not to exceed $11,850,000, subject to appropriation by the City Council through the annual budget adoption process; and find, pursuant to Milpitas Municipal Code Section I-2-3.03, that the award of multiple purchase orders within each supply category and the sole source and limited source awards identified in Attachment A are in the best interest of the City.

11. Approve the Improvement Agreement with CDP Development, Inc., for an Amazon Distribution Warehouse Building Located at 1000 Gibraltar Drive (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Approved and authorized the City Manager, or designee, to execute an Improvement Agreement between the City of Milpitas and CDP Development, Inc., secured by performance and labor and material bonds, each in the amount of $2,915,746 for an Amazon distribution warehouse located at 1000 Gibraltar Drive.

12. Approve City Council Requests to Attend the Milpitas Chamber of Commerce’s 67th Annual Awards Ceremony (Staff Contact: Julie Minot, Senior City Manager Analyst, 408-586-3054) Approved requests by Mayor Montano, Vice Mayor Barbadillo, Councilmembers Chua, Lam, and Lien, and City Manager Hopkins to attend the Milpitas Chamber of Commerce’s 67th Annual Awards Ceremony on September 18, 2026 for an estimated total amount of $600.

PUBLIC HEARINGS

13. Approve the Draft Program Year 2025 Community Development Block Grant Consolidated Annual Performance and Evaluation Report (Staff Contact: John Hall, Housing Official, 408-586- 3017)
City Manager Hopkins introduced the item. Housing Official Hall presented the report, joined by Administrative Analyst II Silva.

Mayor Montano opened the public hearing.

There were the following public speakers:

1. Jonathan Darr

2. Angelica Holguin

September 15, 2026 Milpitas City Council Minutes Page 5

3. Carole Conn

4. Georgia Bacil

5. Deanne Everton

6. Linda Phillips

7. Lindsey Mansfield

8. Oscar Leon
Mayor Montano closed the public hearing.

Councilmember Chua thanked all grantees, noting longstanding relationships with several organizations, and welcomed Housing Official Hall to his new role.

After discussion, motion: to (1) Approve the draft Program Year (PY) 2025 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER); and (2) Authorize the City Manager, or designee, to make necessary changes and submit the approved draft PY 2025 CAPER to the U.S. Department of Housing and Urban Development (HUD) to comply with CDBG requirements.

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

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

14. Receive a Presentation on the Red Light Camera Traffic Safety Program and Authorize the City Manager, or Designee, to Negotiate and Execute a Three-Year Agreement with Verra Mobility for Red Light Camera Equipment and Services (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406)
City Manager Hopkins introduced the item and Assistant Police Chief Jamison presented the report, joined by Police Chief Hernandez.

Mayor Montano opened the public hearing. There being no speakers, Mayor Montano closed the public hearing.

Vice Mayor Barbadillo expressed reservations, questioning if the data was sufficient, noting the contrast between the citations written annually and the projected daily violations. Chief Hernandez noted that officer-issued citations are limited by staffing while cameras monitor 24/7. Alexandra Iacob from Verra Mobility detailed that projections stem from traffic volume, signal timing, lane geometry, and analysis from over 12,000 enforced U.S. locations. Chief Hernandez added that the 7 recommended approaches align with the city's top collision sites.

Councilmember Chua raised privacy concerns in light of the system capturing driver facial images.

Chief Hernandez drew a distinction from automatic license plate readers, emphasizing that the red light camera system only captures imagery when a violation is detected and that all data access requires annual CJIS compliance certification. Councilmember Lam asked about concurrent violations, data retention, mask-wearing drivers, and camera maintenance. Mayor Montano asked about due process, yellow light violations, the role of fire and public safety vehicles, and system calibration.

Councilmember Chua initially suggested a one-year term for the contract. City Manager Hopkins and Chief Hernandez addressed her concerns by suggesting the inclusion of negotiated cancellation

September 15, 2026 Milpitas City Council Minutes Page 6 clauses instead of restricting the agreement to one year due to the lead time required for implementation. Councilmember Chua moved to approve the staff recommendation. Additionally, she requested that the contract be structured to allow for opt-out with 30 days' notice and that the Police Department provide a quarterly status report to the City Council following implementation.

Councilmember Lam seconded the motion, agreeing with the quarterly reporting condition that reports should begin after the first camera is operational and be presented to the Council.

After discussion, motion: to authorize the City Manager, or designee, to negotiate and execute an agreement for red light camera equipment and services with Verra Mobility for a three-year term in an amount not-to-exceed $500,000 annually and a total of $1,500,000 for the term of the agreement, that the contract be structured to allow for opt-out with 30 days' notice, and that the Police Department provide a quarterly status report to the City Council following implementation Motion/Second: Councilmember Chua / Councilmember Lien
Motion carried by the following:

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

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE

15. Receive a Presentation on the Condition of the Milpitas Community Center and Provide Direction (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Public Works Director Di Renzo introduced the item and City Engineer Silveira presented the report.

There were no public speakers.

Councilmember Lien asked whether there was an option between the $23 million and $60 million replacement scenarios. City Manager Hopkins discussed the possibility of a hybrid approach and recommended further evaluation, including a full facility condition assessment and exploration of financing and delivery options such as a public-private partnership or lease-leaseback model.

Councilmember Lien supported exploring additional options and requested more detailed information when the item returns.

Mayor Montano expressed support for replacing the existing facility rather than making substantial long-term investments in the aging building and encouraged staff to consider a new facility that could better accommodate the community’s future needs.

Councilmember Chua expressed interest in further exploring a hybrid option and requested that staff return with additional details before Council makes a long-term decision. She also requested a breakdown of the immediate expenditures necessary to address the facility’s current condition and information regarding potential funding sources.

Public Works Director Di Renzo advised that, regardless of the ultimate long-term direction, immediate roof repairs were necessary to reduce the risk of additional failures during the upcoming rainy season.

Staff estimated temporary roof repairs at approximately $500,000 to $1 million and indicated the work could be completed in approximately three to four weeks without closing the facility. The temporary repairs were expected to extend the roof's useful life while the City evaluates a longer-term solution.

Councilmember Lam discussed the anticipated loss of approximately $400,000 in annual Community

September 15, 2026 Milpitas City Council Minutes Page 7 Center revenue during a future closure and asked about relocating programs and rentals to other City facilities or partner locations. Recreation and Community Services Director Renee Lorentzen explained that some classes could potentially be relocated, including through partnerships with the school district or other facilities, but that much of the rental revenue could not be retained because comparable space is not available. Councilmember Lam supported completing the immediate roof repairs while staff continues evaluating funding and design options for a future facility.

Vice Mayor Barbadillo supported addressing the immediate condition of the facility before an emergency occurs and asked staff to return with feasible recommendations that consider available funding and a longer-term plan for the Community Center.

After discussion, motion: to direct staff to make the necessary immediate repairs to prevent an emergency condition and return to Council with additional information and recommendations regarding long-term options for the Community Center
Motion/Second: Councilmember Chua / Mayor Montano
by the following:

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

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
City Manager Hopkins reported that staff was working on the Milpitas Food Pantry matter raised during public comment and would bring the item forward to the City Council. Councilmember Chua requested that the item be brought forward as soon as possible to clarify concerns raised by residents.

Councilmember Chua announced an induction cooktop demonstration, co-sponsored by the Energy and Environmental Sustainability Commission, to be held September 26 at the Milpitas Library.

Vice Mayor Barbadillo requested that the Milpitas Food Pantry matter be placed on the next City Council agenda for a preliminary presentation regarding the current operations and contract and to provide an opportunity for community input. Mayor Montano concurred with the request, and City Manager Hopkins confirmed the item would be placed on the next agenda.

Mayor Montano requested that staff explore establishing a sister city or friendship city relationship with La Luna, Michoacán, Mexico. She also reported concerns regarding speeding on Arizona Avenue/Bixon Landing Road and asked staff to consider potential signage or other measures. Mayor Montano announced the Mexican Independence Day flag-raising ceremony scheduled for September 16 from 5:00 to 6:00 p.m.

ADJOURNMENT
Mayor Montano adjourned the meeting at 10:04 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 10/1/2026
October 20, 2026 –Regular Meeting (7:00 PM)

CLOSED SESSION
- Litigation Update
- Initiation of Litigation
INVOCATION (Vice Mayor Barbadillo)

PRESENTATION
- Breast Cancer Awareness Month (Proclamation)
- Domestic Violence Awareness Month (Proclamation)

CONSENT CALENDAR

1. Receive City Council Calendar for October and November 2026 (City Clerk)

2. Approve City Council Meeting minutes of October 6, 2026 (City Clerk)

3. Preview list of items for November 10, 2026 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Approve Revised Unrepresented Handbook (Human Resources) 

6. Callander Associates Landscape Architecture Amendment No. 2 (Public Works / Engineering)

7. Maintenance Supplies, Materials and Related Services Agreements (Public Works / Finance)

COMMUNITY AND NEIGHBORHOOD SERVICES

8. Renaming of Cesar Chavez Community Garden and Cesar Chavez Plaza (Recreation)

9. Vector Control Presentation (Public Works)

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
Status Item # Request Submitted by: Date Requested
Open 1
Consider reviewing or developing a policy around the
issue of regulation of electric bicycles and scooters. Barbadillo 8/11/2026 Open 2
Review the City's mixed-use zoning standards,
specifically guidelines governing the percentage of
commercial versus residential components. Barbadillo 8/11/2026 Open 3
Review the City's tree ordinance to assess whether
updates are needed. Barbadillo 8/11/2026
Open 4
Return to the City Council with a recommendation
regarding transitioning the food pantry lease to a market rate model through the Housing Authority Lam 5/5/2026
Open 5
Consider prioritization of a formal, third-party staffing analysis for the Fire Department similar to the 2019
study Barbadillo 4/7/2026
Open 6
Review the permitting process, including the site
development permit process, to determine whether
updates are needed. Barbadillo 4/7/2026
Open 7
Explore youth programs and intervention initiatives in
the wake of the passing of Milpitas high school student Jared Kavan on March 31st. Montano 4/7/2026
Open 8 Review the Council prioritization process Chua 11/18/2025 In Progress 9
Agendize a review by the Facility Naming
Subcommittee of facilities named after Cesar Chavez
and make recommendations to the Council Montano 4/7/2026 In Progress 10
Alcohol and Massage Parlor Permits come before the
City Council. Montano 2/3/2026
In Progress 11
Look into the process of establishing a Friendship City relationship Montano 11/18/2025
In Progress 12 Develop a project management informational memo. Barbadillo 4/1/2025 In Progress 13 Feasibility study regarding a police satellite office. Montano 2/18/2025 In Progress 14 Bring back a study or analysis of the permit process Chua 11/19/2024 NOTE: Deferred and Completed Items are not listed

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Consider Recommendations from Mayor Montano for Appointments to City Commissions (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3005) Category: Consent Calendar-Leadership and Support Services Meeting Date: 10/6/2026
Recommendation: Receive Mayor Montano's recommendations and approve and confirm the recommended appointments to City Commissions.

BACKGROUND:

The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members appointed by the Mayor and confirmed by the City Council. The Commissions advise the Milpitas elected officials on a variety of community interest and policy areas. Commissioner appointments and removals are governed by various sections of the California Government Code, Milpitas Municipal Code, and the adopted Milpitas Commissioner Handbook and By-Laws.

Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are provided to the Mayor for her consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.

On May 19, 2026, the City Council approved the commission realignment to a quarterly structure. Under the approved structure, commissioner term expiration dates are updated only upon appointment to a new term or appointment to fill a vacant seat.

ANALYSIS:

Appointments and removals are as follows:

Public Safety and Emergency Preparedness Commission:

1. Appoint Juliette Gomez to an unexpired term ending June 2029 At its September 15, 2026 meeting, the City Council appointed Juliette Gomez to an unexpired term ending June 2029. The appointment was inadvertently made to a different vacant seat than intended. Ms. Gomez was intended to be appointed to an Alternate seat with a term ending June 2028; however, the required notice period for the unscheduled vacancy had not yet been completed, and the appointment to that seat could not be made at that meeting. The required notice period has now been completed, and the appointment above corrects the September 15 appointment.

All recommended Commissioner appointments have been reviewed and confirmed by the City Clerk’s office.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action is an organizational or administrative activity of the City government that will not result in direct or indirect physical changes in the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Accept FY2025-26 Annual Report and Approve FY2026-27 Commission Work Plans for Eight Commissions (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Category: Leadership and Support Services
Meeting Date: 10/6/2026
Recommendation: (1) Accept the FY2025-26 Commission Annual Report; and (2) Approve FY2026-27 Work Plans for: (a) Arts Commission; (b) Economic Development and Trade Commission; (c) Library and Education Advisory Commission; (d) Parks, Recreation and Cultural Resources Commission; (e) Senior Advisory Commission; (f) Technology Commission; (g) Veterans Commission; and (h) Youth Advisory Commission.

BACKGROUND:

The City of Milpitas has 13 commissions and committees, including the Measure F Oversight Committee, whose members are appointed by the Mayor and City Council. The City of Milpitas Standard Commission ByLaws establish that commissions serve as advisory bodies to the City Council on a variety of topics as directed by the Council.

The Milpitas Commissioners Handbook provides that City commissions annually develop and recommend work plans identifying tasks, goals, and projects related to their respective advisory areas. Staff works with each commission to develop its proposed work plan, which is then presented to the City Council for review and approval.

ANALYSIS:

The Arts Commission, Economic Development and Trade Commission, Library and Education Advisory Commission, Parks, Recreation and Cultural Resources Commission, Senior Advisory Commission, Technology Commission, Veterans Commission, and Youth Advisory Commission (Commissions) meet at varying frequencies, as established in their respective By-Law addenda.

In preparation for FY2026-27, each Commission reviewed its FY2025-26 Work Plan, discussed priorities for the upcoming year, and developed a proposed FY2026-27 Work Plan. As part of this process, the Commissions reviewed their existing work plan items and identified each as either “Accomplished” or “Carryover.”, or both for recurring items. Items marked as neither were discontinued. Items identified for carryover have been incorporated into the proposed FY2026-27 Work Plans, as appropriate. The status of the FY2025-26 Work Plan items is also reflected in the Commission Annual Report included as an attachment to this report.

The proposed FY2026-27 Work Plans identify the tasks, goals, and projects each Commission intends to focus on during the fiscal year within its respective advisory area. The work plans provide a framework for Commission activities while allowing the City Council to review and confirm that proposed priorities align with Council direction.

Throughout the year, City staff or the City Council may also provide updates to the Commissions on citywide issues or initiatives or request that a Commission review and provide recommendations on a specific matter.

These matters may be brought forward as separately agendized items and do not need to be specifically identified in the approved annual work plan.

FISCAL IMPACT:

Each Commission is allocated $1,000 annually by the City Council in the adopted budget. These funds are budgeted and approved as part of the FY2025-26 Adopted Operating Budget and are to be used toward City Council approved tasks and projects, and administrative costs related to the Commission. The Library and Education Advisory Commission work plan includes up to $2,500 for essay contest awards budgeted in the City Council’s budget, and the Youth Advisory Commission work plan includes three $500 scholarships totaling $1,500, available in their Holding Account. The Arts Commission work plan includes Public Art projects which are funded by the City of Milpitas’ Public Art Fund, and a Placekeeping, Arts and Activation Program funded by a Valley Transportation Authority (VTA) grant for which staff will return for appropriation, upon final grant contract execution. City staff will return separately to the City Council for public art project budget appropriations for any new projects, as needed.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b).

ATTACHMENT(S):
(a) FY2025-26 Commissioners Annual Report for 8 commissions (b) Arts Commission FY2026-27 Work Plan
(c) Economic Development and Trade Commission FY2026-27 Work Plan (d) Library and Education Advisory Commission FY2026-27 Work Plan (e) Parks, Recreation and Cultural Resources Commission FY2026-27 Work Plan (f) Senior Advisory Commission FY2026-27 Work Plan
(g) Technology Commission FY2026-27 Work Plan
(h) Veterans Commission FY2026-27 Work Plan
(i) Youth Advisory Commission FY2026-27 Work Plan

Office of the City Manager
DATE: September 28, 2026
TO: Mayor and Councilmembers
THROUGH: Willie Hopkins, City Manager
Scott Transou, Assistant City Manager
FROM: Renée Lorentzen, Director of Recreation and Community Services SUBJECT: City Commissions Annual Report FY2025-26
This memo is to update and inform City Council on eight (8) individual City Commission annual work plan accomplishments from FY2025-26 and those tasks and goals that are proposed to carry over to the Commission work plans for FY2026-27.

Background
The City of Milpitas has 13 Commissions and Committees, including the Measure F Oversight Committee, each comprised of seven (7) members and two (2) alternates; except for the Planning Commission which has no alternates, and the Parks, Recreation and Cultural Resources Commission which has nine (9) commissioners. Per the City of Milpitas Commission By-Laws Section 1., Purpose, “A Commission serves as an active advisory group to the City Council on a variety of topics as directed by the City Council.” Annually, City Commissions develop and recommend a work plan to accomplish tasks, goals, or projects related to their advisory area. Those work plans are reviewed and approved by City Council.

Commissions meet at different frequencies such as monthly, bi-monthly, or specially designated months as determined by their By-Law addenda. Commissions began meeting and discussing their FY2026-27 workplans in spring 2026 and have prepared new work plans that include items from the previous year’s plan that were unaccomplished. The FY2026-27 workplans for eight (8) Commissions (see listing below) are part of the October 6, 2026, City Council meeting agenda packet.

Below are the eight (8) Commissions’ accomplishments and proposed carryover items from FY2025-26 to the FY2026-27 work plan. The remaining five (5) Commissions will report to City Council by the end of the calendar year.

Accomplishments and Continued Items
Arts Commission
The Arts Commission (AC) was established to advise Council on matters pertaining to the arts in Milpitas, as well as serve as the advisory body for the Public Art Program.

FY2025-26 Work Plan Item Accomplished Carryover Notes
Assist with outreach and
development of Public Art
Master Plan
X
Work with staff and
consultants to incorporate art
placemaking opportunities
into Main Street and Milpitas
Metro development activities
X X Ongoing task with
Main Street
revitalization
projects
Work with staff to
incorporate art placemaking
into selected City events
X X Reoccurring Item
Conduct Call for Artists for
public art park historical
markers, jointly with PRCRC
($90,000)
X Completed
Recommend artist for public
art park historical markers,
jointly with PRCRC
X Completed
Conduct Invitational Call for
Dixon Landing Park artwork
($30,000)
X Completed
Support Mural Program –
Utility Box graffiti abatement
projects
X Estimated for
completion in
FY27
Recommend artist for VTA
Overpass Mural Project
($30,000)
X X Artist contracted;
awaiting VTA
contract for project
on their property
Following conservator
evaluation, recommend
maintenance schedule for
City-owned public art.

X Estimated to begin
in FY27;
Support performing arts in
Milpitas.

X X Reoccurring Item
Support Phantom Art Gallery
exhibits.

X X Reoccurring Item
Promote public awareness of
Milpitas Arts and Culture
Grants to encourage
applications for events.

Review and recommend
grants up to in-kind value of
$10,000.

X X Reoccurring Item

Economic Development and Trade Commission
The Economic Development and Trade Commission (EDTC) advises the City Council on business issues, cultivates international trade and commerce opportunities, and makes recommendations on the design, development, and implementation of economic development in Milpitas. The EDTC met ten times during Fiscal Year 2025-2026.

FY25-26 Work Plan Item Accomplished Carryover Notes
Sporting events planning and
development X Completed
Commissioner Engagement X X Ongoing
Commissioner Ambassadorship X X
Ongoing
Main Street Revitalization X X Ongoing
Workforce Development & Education X X Ongoing
Manufacturing Day 2025 X X Annual event
Library and Education Advisory Commission
The Library and Education Advisory Commission (LEAC) makes recommendations to the City Council on matters pertaining to the operation of library services and facilities in Milpitas.

FY2025-26 Work Plan Item Accomplished Carryover Notes
County Commissions Forum X X Commissioners attended the County in-person event in
February
Essay Contest/Special Projects X X Reoccurring Item -Youth Essay Writing Contest was
held in October for Milpitas
youth in grades 4-12. Had
participation from 100+ youth.

Attend Local Library Conference X Anticipated participation by the Commission in FY2026-
27 National Library Week X X Reoccurring Item - Promoted program to Milpitas
community
Summer Reading Program X X Reoccurring Item - Promoted
program to Milpitas residents
City Events X X Milpitas Library staff and
Commissioners tabled
together at the Pumpkins in
the Park event in October 25
Service Levels for Growing
Populations
X In-process. Community
survey currently being
developed with a focus on
library accessibility
Library Donor Program X X Reoccurring Item - Promoted
program to community

Parks, Recreation and Cultural Resources Commission
The Parks, Recreation, and Cultural Resources Commission (PRCRC) advises the Council on operation and maintenance of recreation, leisure services, and historic preservation activities. The Commission also advises on acquisition, planning, and development of new and existing parks and facilities. It assists with identifying, protecting, and enhancing structures and other features reflecting special aspects of the City's cultural heritage.

FY2025-26 Work Plan Item Accomplished Carryover Notes
Annual Park/Facility Tour X X Reoccurring Item - Hosted tour in June at Community
Gardens
Quarterly Reports X X Reoccurring Item - Reviewed
multiple RCS
program/services areas
Historic Resources Master Plan
Update
X Task updated to review
project process through CIP
Project; Estimated
completion in FY27
Bicycle & Pedestrian Trails X X Reoccurring Item -
Volunteered at Bike to Work
Day; Hosted Milpitas Bikes
Campaign
Ongoing Review - CIP X X Reoccurring Item – reviewed
open space projects
Adopt a Spot Program X Reviewed and provided input
in the relaunch of the Adopt
a Spot Program
Sister Cities X X Reoccurring Item –
conducted outreach to local
groups.

Community Gardens X Provided input on the newlyopened Delano Manongs Park Garden
Senior Advisory Commission
The Senior Advisory Commission (SAC) advises the City Council on matters pertaining to recreation, leisure, and nutrition services for the Senior Citizens of Milpitas.

FY2025-26 Work Plan Item Accomplished Carryover Notes
Host the Senior Center’s annual
Open House event and/or
Resource Fair
X Resource Fair was rescheduled
from Spring 2026 to Spring 2027

Promote the Senior Center
Resource Area, various health &
wellbeing presentations, and
social services-related projects
throughout the year, including
Milpitas HOPE activities
X X Recurring Item - Promoted the
Senior Center’s Resource Area
to current and prospective
members.

Support Technology for Seniors
program that helps bridge the
digital divide and counter social
isolation
X X Recurring Item – Continue to
promote the educational
technology classes via Zoom in
partnership with AnewVista
Community Services to enhance
technology education.

Sponsor Senior Center Events
and Activities
X X Recurring Item – Continues to
promote and volunteer at
various events such as the
annual tea party, the Senior
Nutrition Program’s quarterly
birthday celebrations, annual
Summer BBQ, Healthy Aging
seminar, and more.

Support/Participate in “AgeFriendly” initiativesX X Recurring Item – Continues to promote various "Age-Friendly"
initiatives in Santa Clara County
and at the national level, such as
the Walk to End Alzheimer’s.

Additionally, continue sharing
local resources related to agefriendly initiatives, including digital inclusion and the Senior
Nutrition Program.

Technology Commission
The Technology Commission (Formerly the Science, Technology, and Innovation Commission) advises the City Council on matters of telecommunications policy, legislation, and implementation at the local, state, and federal levels. The Commission also considers and recommends information technology services that benefit the Milpitas community.

FY25-26 Workplan Item Accomplished Carryover Notes
AI usage in public
security and
infrastructure
X - Researched other agencies on Police use
of Cameras & Language Translators
- Attended Demonstrations of AI Use for
Crime Prevention
- Shared knowledge with the commission,
provided policy framework, and templates

to the Milpitas IT department.

AI Policy X -Developed Presentation on Principles of AI Policy
Technology usage in
public communication
X -Explored different options for public
communications for announcements, public
safety & resident participation
-Presentation roadmap for Smarter, Faster,
& Accessbile resident communications

Veterans Commission
The Veterans Commission (VC) consists of honorably discharged U.S. veterans or actively serving members in any branch of the U.S. military.

FY2025-26 Work Plan Item Accomplished Carryover Notes
Serve as Knowledge base for
Veterans/Local Resources and
Assistance by hosting a
Resource Fair.

X X
Reoccurring Item - Worked
with the Veterans Service
Office and a resource fair was
held on May 16, 2026.

Assist with planning of veteranbased City Sponsored Events X XReoccurring Item - Commissioners worked with
City staff for the Annual
Veterans Day and Memorial
Day ceremonies.

Annual Veterans Luncheon
X X
Reoccurring Item -
Commissioners worked with
City staff and the Annual
Veterans Luncheon was held
on May 16, 2026.

Say Hi to a Hero
X
Reoccurring Item -
Coordinating with City afterschool programs and NJROTC Honoring Milpitas Veterans
Memorial X
Coordinating with City-staff on
location and possible program
Veteran of the Year
X X
Reoccurring Item -
Commissioners worked to
gather nominations for Veteran
of the Year. Nominee was
honored at the Veterans
Luncheon on May 16, 2026.

Locating Milpitas Veterans
X X
Reoccurring Item -
Commissioners and staff
worked to locate Milpitas
Veterans.

Youth Advisory Commission
The Youth Advisory Commission advises City Council on matters pertaining to youth and teens in the City of Milpitas.

FY2025-26 Work Plan Item Accomplished Carryover Notes
Advise City Council and City
staff on youth and teen
issues within the City.

X
Reoccuring Item
Volunteer at City events,
Milpitas Teen Center events,
and local events within the
City of Milpitas
X X
Reoccurring Item -
Commissioners volunteered
at the Lunar New Year and
Milk and Cookies events.

Cultural Diversity Tabling at
City events X X
Reoccurring Item -
Commissioners had a table
at the Holi Festival on March
7, 2026. Commissioners will
table at select upcoming
cultural events.

College Workshop
X
This event did not happen
due to lack of interest. YAC
is revamping the layout for
the College Workshop.

Clothing Drive
X
This event did not happen.

Plans for a clothing drive in
December 2026.

Youth Spelling Bee
Competition
This event did not happen.

YAC decided to focus on
other youth activities.

Volleyball Tournament This event did not happen.

YAC did not have enough
experience to host
tournament.

Promote Milpitas Teen Center X Reoccuring Item – YAC will promote and attend MTC
more frequently.

Promote Milpitas Youth Force X Reoccurring Item – YAC will promote MYF more.

Youth Advisory Commission
Community Service
Scholarship
X No applications were
received. YAC is starting the
process earlier and
extending the time to apply.

Application dates: January 1,
2027-April 1, 2027.

Proposed Arts Commission FY 2026-27 Work Plan
DRAFT 9/29/2026
Topic/Advisory Area Tasks Required
Resources
Goal Deadline
Support code updates including Art in Private Development percentfor-art increase, new Collection Management Policy, and Acquisition Policy updates.

Commission,
Staff
Spring 2027
Seek Public Art partnership opportunities for partnerships with local transportation agencies (VTA, BART, Cal Trans).

Commission,
staff
Ongoing
Public Art Master Plan
Administrative Recommendations
Develop online public art map with professional photos of the collection and additional information about each work in the collection.

Commission,
staff
Fall 2027
Work with staff and consultants to incorporate art placemaking opportunities into Main Street and Milpitas Metro development activities
Commission,
staff
Place Making Ongoing
Work with staff to incorporate art placemaking into selected City events
Commission,
staff
Ongoing
Complete annual Utility Box graffiti abatement projects ($1800 per box)
Commission,
Staff
Ongoing
Resume and complete Dixon Landing Pillar Project Commission, Staff
Spring 2027
VTA McCandless Pillar Project Commission,
Staff
Fall 2027
Public Art Installations
Hidden Lake Stairs Mosaic Commission,
staff
Ongoing
Art Installation: Milpitas Skate Park Mural Commission, staff
Ongoing
2D Digital Banners/Board Commission,
staff
Ongoing
City Public Art Collection Prioritize and recommend maintenance and repairs schedule for Cityowned public art.Commission, Staff
Ongoing
Placekeeping, Arts and Activation
Program (VTA Grant)
Work with staff to develop, organize and implement “Next Stop:

Movies and Murals on Main” event & Cultural Ride Passport Commission,
Staff
Spring 2027 -
Summer 2028
Select local artist(s) to lead community mural. Commission, Staff
Spring 2027 -
Summer 2028

Proposed Arts Commission FY 2026-27 Work Plan
DRAFT 9/29/2026
Support performing arts in Milpitas. Commission,
Staff
Ongoing
Support Phantom Art Gallery exhibits. Review and approve applications.

Commission,
Staff
Ongoing
Milpitas Arts
Promote public awareness of Milpitas Arts and Culture Grants to encourage applications for events. Review and approve up to in-kind value of $10,000.

Commission,
Staff
Ongoing

ECONOMIC DEVELOPMENT & TRADE COMMISSION
WORK PLAN FY 2026-2027
EDTC Mission Statement:

Advise the City Council on business issues, cultivate international trade and commerce opportunities, and make recommendations on the design, development, and implementation of economic development in Milpitas.

Topic/Overall Goal Specific Action(s) Required Status
Economic Development
Initiatives
Implement Strategies and Actions: Economic indicators, branding/marketing assets, and demonstration project policy.
• EDTC Commissioners may volunteer as ambassadors to assist in formal and informal business outreach as directed by staff, including environmental friendliness for relocating businesses and green organizations, and support targeted business attraction/creation. • Find opportunities for incubator space to encourage start-ups. • Explore events like night markets and pop-up activations. • Sporting events planning and development.

Commissioner Engagement/
Ambassadorship
• Identify sector-based conferences and events that align with EDTC business attraction goals. • Commissioners participate in city-sponsored business workshops, chamber of commerce and organizational events.

Main Street Revitalization
Position the Main Street-Abel Street corridor as a community destination for independent retailers, restaurants, and services to encourage economic vitality, enhance business marketability, increase property values, and attract people and new businesses. • EDTC Commissioners collaborate with Milpitas Historic Downtown Business Association regarding business outreach and activation.
• Receive periodic updates from the ad hoc Main Street Revitalization Sub-Committee.

Topic/Overall Goal Specific Action(s) Required Status
Workforce Development &
Education
Promote a diversified workforce and provide training opportunities for Milpitas residents. • Promote Milpitas Youth Force and employ program participants. • City/MUSD MOU – Workforce Education, career fair, business employment opportunities outreach.
• Engage with third-party organizations to educate and provide employment and training pathways for residents and students.

Manufacturing Day 2026 • Manufacturing Day 2026: Focus on career opportunities in tech/advanced manufacturing for MUSD high school students.
• Continue partnering with the Office of Economic Development and local businesses to support the Manufacturing Day event as event participants, promoting and marketing the event and leveraging networks and resources.

Library and Education Advisory Commission FY 2026-2027 Work Plan (DRAFT) Work Plan Summary
• Advise and make recommendations on Library operations • Support greater awareness within the Milpitas community regarding library resources, literacy activities and amenities • Partner to broaden and enhance literacy and education initiatives based out of the Milpitas Library • Support and advise on diverse Library initiatives, programs and events Topic/Advisory Area Tasks Required Resources Goal
Deadline
County Commissions Forum Attend County Commissions Forum and report back. Commission, County Library
February
2027
Essay Contest
Special Project - Spring (Arts,
Math and/or Poetry focus)
Conduct Annual Youth Essay Contest – arrange judging and awards.

Dedicate up to $2,500 for participant awards.

Special Project: coordinate a special project including event preparation, marketing, etc.

Commission,
Community
Partners, City Staff
Fall 2026 (Essay
Contest)
Spring 2027
(Special Project
Attend Local Library Attend a local Library (possibly City of Campbell) to gain knowledge of other SCCLD library services.

Commission FY 2026/27
National Library Week Promote the program citywide via City of Milpitas Youth Programs, Milpitas Senior Center, and the general public.

Commission,
County Library
April 2027
Summer Reading Program Promote program citywide via City of Milpitas Youth Programs, Milpitas Senior Center, general public, etc.

Commission,
County Library, City
Staff
FY 2026/27
City Events Attend City events and promote Library services. Commission, City Staff FY 2026/27 Service Levels for
Growing
Populations
Assess evolving service needs due to Milpitas’ population growth, with a focus on evaluating library accessibility through a community survey.

Commission,
County Library, City
Staff
FY 2026/27
Library Donor Program Sustain the current Donor Program. Commission, City Staff FY 2026/27 SCCLD Initiatives Support and promote SCCLD initiatives, including Dolly Parton’s Imagination Library
Commission, County
Library, City Staff
FY 2026/27

Parks, Recreation and Cultural Resources Commission
Work Plan FY 2026-2027
Topic/Advisory Area Tasks Required Resources Deadline
Annual Park/Facility Tour 1. Determine theme for tour Commission , Staff Annually - June

2. Confirm location(s)

3. Conduct Tour
Quarterly Reports 1. Receive Quarterly Reports from Recreation Staff Quarterly Staff on: Community Garden, Program areas
Allocations, Recreation, Trends, CIP, Special
Events, etc.

Historic Resources Master Plan Update 1. Receive updated and engage with project as Commission, Staff, Jan-27 required.

2. Make Recommendations to City Council

3. Ongoing review and recommendation
Bicycle & Pedestrian Trails 1. Bike Anywhere/To Work Day Commission, Staff May-27

2. Bike repair clinic

3. Bike Maps

4. Other Bike Events/Activities
Commission Cross-Promotion 1. Attend other City Commissions to share PRCRC Commission, Staff Ongoing/As
Needed
projects, initiatives

2. Invite and receive presentations from other
City Commissions
Ongoing Review 1. Private Development Projects including Commission, Staff Ongoing/Per
project
open space

2. Make recommendation on Annual CIP Park
Improvement Projects & Priorities
Sister Cities 1. Reintroduce Program & Review Commission, Staff Ongoing

2. Maintain existing relationships

3. Support currrent community relationships
Work Plan Goals:

Advise City Council on recreation, park, and historic preservation activities; review and recommend planning and development of new and existing parks and recreation facilities; recommend protecting and enhancing special aspects of the City's heritage

City of Milpitas
Senior Advisory Commission FY 2026-27 Work Plan
The Commission advises the City Council on matters related to recreation, leisure, and nutrition services for Milpitas' senior citizens.

Work Plan Summary
• Establish Wellness & Resources action plan with a focus on seniors’ health, wellness & mental well-being activities • Establish Seniors’ Events action plan with a focus on the annual Resource Fair and/or Open House Event • Sponsor Senior Center-based events and support “Age-Friendly,” Milpitas HOPE, and Seniors’ Agenda activities Topic/Advisory Area Tasks Required Resources Goal
Deadline
During the year, promote and support the
Senior Center’s annual Open House event
and/or Resource Fair
Determine the necessary event components, delegate tasks equitably, and assist staff with marketing and promotion before the event’s date.

Commission, Community
Partners, City Staff
FY2026-27
Raise awareness among Milpitas’ older
adult population about the Senior Center’s
Resource Area and social services-related
projects.

Promote educational, informative, and
health and wellness programs and activities
to benefit Milpitas' senior population.

Collaborate with the Social Services Coordinator to oversee the Resource Area and increase member awareness of its benefits.

Assist in promoting social service–related initiatives such as Milpitas HOPE, Dementia Friends, and similar community-based projects.

Support the marketing and outreach of educational, wellness, and learning opportunities available at the Senior Center.

Host information tables and provide outreach to connect members with local programs, services, and resources.

Commission, Community
Partners,
City Staff
Ongoing
Support the Technology for Seniors
program that helps bridge the digital divide
and counter social isolation
Help promote the program and its benefits to Milpitas Seniors.

Research local organizations that can provide hands-on
educational services and connect them with the Senior Center.

Commission, Community
Partners, City Staff
Ongoing
Sponsor and support Senior Center events
and activities
Sponsor and promote: Birthday Celebrations, Themed Dances, Holiday Events, etc.

Research and consider various transportation and language translation opportunities to accommodate the broader Milpitas senior adult community.

Commission, City Staff Ongoing
Support/Participate in “Age-Friendly”
Initiatives
Promote and participate in Age-Friendly Initiatives and Santa Clara County Seniors’ Agenda activities.

Commission, Community
Partners, City Staff
Ongoing

City of Milpitas
Technology Commission
Technology Commission 26-27 Workplan
The Technology Commission advises the City Council on matters of telecommunications policy, legislation, and implementation at the local, state, and federal levels. The Commission also considers and recommends information technology services that benefit the Milpitas Community.

Topic/Advisory Area Tasks Status
Computer Refurbishment
Program
Explore ways to reuse and redistribute
Computers and peripheral devices to Milpitas
Residents
New
AI Technology usage in
public safety & security (Non
PD)
Investigate technology solutions for
Milpitas residents and City staff for safety
and civic engagement
New
VOIP Telecommunications Explore the use of VOIP technology for City communications
New

Veterans Advisory Commission FY 2026-27 Work Plan
Topic/Advisory Area Tasks Required Resources Goal Deadline Serve as a knowledge base for
Veterans. Provide local resources
and assistance by hosting a
Resource Fair.

Work with the Veterans Service Office on all
events that are sponsored/co-sponsored by the
Commission, and/or other Commissions.

Maintain and update the Veterans webpage for
the City, to include items such as policies, burial
benefits, shelter, hospitals, programs,
resources, and events.

Commission, Staff, and Other
Veteran Agencies
Annual/Ongoing
Assist with planning of veteranbased City Sponsored EventsWork with City Staff to incorporate items to the Annual Veterans Day and Memorial Day
ceremonies.

Commission, Staff Event Calendar Dates
11/11/26 & 5/31/2027
Annual Veterans Luncheon Work with City staff to host the Annual Luncheon, and decide on menu, decorations,
entertainment, speaker, and fundraising.

Commission, Staff Summer 2027
Say Hi to a Hero Work with the City of Milpitas Recreation and Community Services after-school programs to
teach students how to properly raise, fold,
handle, lower, and dispose of the flag. Provide
educational sessions for elementary-age
students, and collaborate with the Milpitas High
School NJROTC on mentorship and involvement
in special events.

Commission, Staff Ongoing
Honoring Milpitas Veterans
Memorial
Work with City staff to research the
implementation of a Memorial brick
fundraiser honoring Milpitas Veterans in the
form of bricks near the Veterans Plaza Area.

Commission, Staff Ongoing
Veteran of the Year Work with the Milpitas community to nominate Veterans for the Veteran of the
Year award and with staff to include
information about the Veteran of the Year
online.

Commission Annual/Ongoing
Locating/engaging Milpitas
Veterans
Work with City staff to provide additional
resources for engaging Milpitas Veterans,
with an emphasis on unhoused veterans.

Work with City staff to create a graphic for
the Activity Guide to encourage veterans to
sign up for the Veterans Email List.

Commission, Staff Ongoing

City of Milpitas - Youth Advisory Commission Work Plan
August 2026 – June 2027
The Youth Advisory Commission advises City Council on matters pertaining to youth and teens in the City of Milpitas.

Topic/Advisory Area Tasks Required Resources Goal Deadline Advise City Council and City staff
on youth and teen issues within
the City.

Provide high-level feedback and suggestions
regarding youth and teen concerns, areas that
need improvement or need to be focused on,
and advising City Council on pertinent youth and
teen topics.

Commission Ongoing
Volunteer at City events, Milpitas
Teen Center events, and local
events within the City of Milpitas
Support events and programs at the Milpitas
Teen Center
Support City events which includes but are not
limited to:
• Pumpkins in the Park
• Dia De Los Muertos – 5k Run
• Milk & Cookies with Santa
• Tree Lighting
• Lunar New Year
• July 4
Commission,
Community Partners,
City Staff
Ongoing
Cultural Diversity Tabling at City
events
Table at City events to educate, celebrate, and
bring awareness to the cultural relevance of the
event. City events include but are not limited to:
• Milpitas Fiesta
• Dia De Los Muertos
• Lunar New Year
• Holi Festival
Commission, City Staff Ongoing
College Workshop Plan and promote a college workshop in partnership with a community-based
organization that prepares high school students
to successfully enter college.

Commission,
Community Partners,
City Staff
November/December 2026

Clothing Drive Plan and promote a clothing drive asking for gently-used clothes donations from the
community. Clothes will be donated to the
Milpitas Food Pantry.

Commission,
Community Partners,
City Staff
November-December 2026
Park Clean-Up Plan and promote a local park clean up event. Commission, City Staff July 2027 Academic Event Plan and promote an academic event. Possible events include Hack-a-thon event, Data event,
Geography Bee
Commission, City Staff June 2027
Promote Milpitas Teen Center Promote all Milpitas Teen Center activities, workshops, and events throughout the 2024-25
school year.

Commission Ongoing
Promote Milpitas Youth Force Promote the Milpitas Youth Force program to high school students.

Commission January 2027 – April 2027
Youth Advisory Commission
Community Service Scholarship
Promote the Youth Advisory Commission
Community Service Scholarship. Award three
senior high school students a $500 scholarship
for displaying a history of community service
beyond any school requirements.

Commission, City Staff February– June 2027

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt Resolution Delegating Authority to the City Manager to Take Emergency Action and to Let Emergency Contracts Without Giving Notice Soliciting Competitive Bids (Staff Contact: Scott Transou, Assistant City Manager, 408-586-3012)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 10/6/2026
Recommendation: Rescind Resolution No. 9134 and adopt a new resolution delegating emergency contracting and remedial action authority under Public Contract Code Sections 22035 and 22050(b)(1) to the City Manager in his/her capacity as Director of Emergency Services, as established by MMC Section V-1-4.01.

BACKGROUND:

The Milpitas Municipal Code (MMC) Title V, Chapter 1 provides for the preparation and carrying out of plans for protection of persons and property within the City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the City with all other public agencies, corporations, organizations, and affected private persons.

Under MMC Section V-1-2.01, "emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons, property and the environment within the City caused by, but not limited to, earthquakes, natural, technological or manmade disasters, conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the City, requiring the combined forces of other political subdivisions to combat. Pursuant to MMC Section V-1-4.01, the office of Director of Emergency Services is created by ordinance, and the City Manager shall be the Director of Emergency Services.

A separate and narrower definition applies to emergency contracting authority: Public Contract Code (PCC) Section 1102, defines an emergency as "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services." PCC allows the City Council to delegate authority to City staff to award emergency contracts for the repair or replacement of public facilities without seeking competitive bids.

On September 2, 2008, the City Council approved Resolution No. 7779 delegating to the Public Works Director the authority to take emergency action and to let emergency contracts without giving notice soliciting competitive bids. On March 15, 2022, The City Council adopted Resolution No. 9134, reaffirming this delegation of authority and clarifying and replacing Resolution No. 7779. While this delegation was intended to enable rapid response to infrastructure failures, it created a structural misalignment with the City's established emergency command hierarchy as codified in MMC Title V, Chapter 1.

ANALYSIS:

As the chief executive officer of the City, the City Manager is responsible for the overall management of City operations and reports directly to the City Council. By ordinance, the City Manager serves as the Director of Emergency Services. The Public Works Director, by contrast, serves within the Operations Section of the Emergency Operations Center, reporting upward through the command structure to the Director of Emergency Services.

By vesting emergency declaration authority in the Public Works Director through Resolution No. 9134, the City has effectively created a parallel emergency authority that operates outside both the highest level of accountability of the chief executive officer of the City and the unified command structure established by the MMC. This fragmentation of authority is inconsistent with the City's Emergency Operations Plan, which places the City Manager at the apex of the EOC Command/Management Section, with Public Works reporting as a subordinate operational function. Vesting emergency authority in the City Manager as Director of Emergency Services provides a more robust accountability structure.

For the foregoing reasons, staff recommends that the City Council rescind Resolution No. 9134 and adopt a new resolution delegating emergency contracting and remedial action authority under Public Contract Code Sections 22035 and 22050(b)(1) to the City Manager in his/her capacity as Director of Emergency Services, as established by MMC Section V-1-4.01. This consolidation will align the City's emergency contracting authority with its existing emergency command structure, strengthen citywide coordination during declared emergencies, and ensure that the official with the broadest emergency powers and the highest level of accountability to the City Council is the same official authorized to initiate emergency action.

FISCAL IMPACT:

There is no fiscal impact related to this action.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b) ATTACHMENT(S):
(a) Redlined Resolution 9134 Delegating Authority to the Public Works Director (b) Proposed Resolution Delegating Authority to the City Manager

1 Resolution 9134
RESOLUTION NO. XXXX9134

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

THE CITY MANAGER PUBLIC WORKS DIRECTOR THE AUTHORITY TO TAKE

EMERGENCY ACTION AND TO LET EMERGENCY CONTRACTS WITHOUT GIVING

NOTICE SOLICITING COMPETITIVE BIDS
WHEREAS, in the event of an emergency which results in damage to City public facilities requiring immediate remedial action, it would be detrimental to public health, safety, and welfare if the remedial action were delayed by the issuance of a notice for bids to let contracts; and WHEREAS, Public Contract Code section 1102 defines an emergency as a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services; and WHEREAS, pursuant to Sections 22035 and 22050 of the Public Contract Code, the City may undertake immediate action to repair or replace public facilities and to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts, in the case of an emergency; and
WHEREAS, pursuant to Section 22050 of the Public Contract Code, the City Council, by a fourfifths vote, may delegate, by resolution or ordinance, to the appropriate administrative officer, city manager, chief engineer, or other nonelected agency officer, the authority to order such emergency action may delegate by resolution the authority to order such emergency action to the Public Works Director; and.

WHEREAS, on September 2, 2008, the City Council adopted Resolution No. 7779 delegating the authority to order emergency action to the Public Works Director pursuant to Public Contract Code 22050; and this new resolution is intended to clarify, amend, and replace the prior resolution and shall control moving forward.

WHEREAS, on March 15, 2022, the City Council, by a four-fifths vote, adopted Resolution No. 9134 reaffirming this delegation of authority to the Public Works Director pursuant to Public Contract Code 22050, clarifying and replacing Resolution No. 7779.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Milpitas that:

1. The foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof. The City Council rescinds Resolution No. 9134 in its entirety, thereby rescinding the authority to order such emergency action granted to the Public Works Director.

2. Pursuant to Public Contract Code Sections 22035 and 22050(b)(1), the authority to order emergency remedial action and to let emergency contracts without giving notice is delegated to the City ManagerPublic Works Director by a four-fifths vote of this City Council.

3. If the City Manager Public Works Director, pursuant to the authorization set forth herein, orders any emergency action, he or she shall report to the City Council, not later than seven (7) days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than fourteen (14) days after the action, the reasons justifying why the emergency did not permit any delay that would have been caused by a competitive solicitation for bids and why the action was necessary to respond to the emergency.

2 Resolution 9134

4. The City Manager Public Works Director shall cause work with the Purchasing Agent to be executed an emergency contract as soon as reasonably possible prior to starting the emergency work.

Additionally, the City Manager Public Works Director shall have the authority to execute one or more change orders related to the emergency work.

5. The City Council shall continue to review the emergency action at every regularly scheduled meeting thereafter until the action is terminated. At each review, the City Council shall determine, by a four-fifths vote, whether there is a need to continue the action, unless the City Manager Public Works Director terminates the action prior to the City Council reviewing the emergency action and making a determination pursuant to this resolution and Section 22050 of the Public Contract Code.

6. When the City Council reviews the emergency action pursuant to this resolution, it shall terminate the action at the earliest date that conditions warrant so that the remainder of the action may be completed by giving notice for bids to let contracts.

PASSED AND ADOPTED this 6
th day of October 202615th day of March, 2022, by the following vote:

AYES: (5) Mayor Tran, Vice Mayor Montano, Councilmembers Chua, Dominguez, and Phan NOES: (0) None
ABSENT: (0) None
ABSTAIN: (0) None
ATTEST: APPROVED:
____________________________ _____________________________ Suzanne GuzzettaWendy Wood, City Clerk Carmen MontanoRich Tran, Mayor APPROVED AS TO FORM:
____________________________
Christian Curtisopher J. Diaz, City Attorney

1 Resolution XXXX
RESOLUTION NO. XXXX

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

THE CITY MANAGER THE AUTHORITY TO TAKE EMERGENCY ACTION AND TO LET

EMERGENCY CONTRACTS WITHOUT GIVING NOTICE SOLICITING COMPETITIVE BIDS
WHEREAS, in the event of an emergency which results in damage to City public facilities requiring immediate remedial action, it would be detrimental to public health, safety, and welfare if the remedial action were delayed by the issuance of a notice for bids to let contracts; and WHEREAS, Public Contract Code section 1102 defines an emergency as a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services; and WHEREAS, pursuant to Sections 22035 and 22050 of the Public Contract Code, the City may undertake immediate action to repair or replace public facilities and to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts, in case of an emergency; and
WHEREAS, pursuant to Section 22050 of the Public Contract Code, the City Council, by a fourfifths vote, may delegate, by resolution or ordinance, to the appropriate administrative officer, city manager, chief engineer, or other nonelected agency officer, the authority to order such emergency action; and
WHEREAS, on September 2, 2008, the City Council adopted Resolution No. 7779 delegating the authority to order emergency action to the Public Works Director pursuant to Public Contract Code 22050; and
WHEREAS, on March 15, 2022, the City Council, by a four-fifths vote, adopted Resolution No. 9134 reaffirming this delegation of authority to the Public Works Director pursuant to Public Contract Code 22050, clarifying and replacing Resolution No. 7779.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Milpitas that:

1. The City Council rescinds Resolution No. 9134 in its entirety, thereby rescinding the authority to order such emergency action granted to the Public Works Director.

2. Pursuant to Public Contract Code Sections 22035 and 22050(b)(1), the authority to order emergency remedial action and to let emergency contracts without giving notice is delegated to the City Manager by a four-fifths vote of this City Council.

3. If the City Manager, pursuant to the authorization set forth herein, orders any emergency action, he or she shall report to the City Council, not later than seven (7) days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than fourteen (14) days after the action, the reasons justifying why the emergency did not permit any delay that would have been caused by a competitive solicitation for bids and why the action was necessary to respond to the emergency.

4. The City Manager shall cause to be executed an emergency contract as soon as reasonably possible prior to starting the emergency work. Additionally, the City Manager shall have the authority to execute one or more change orders related to the emergency work.

2 Resolution XXXX

5. The City Council shall continue to review the emergency action at every regularly scheduled meeting thereafter until the action is terminated. At each review, the City Council shall determine, by a four-fifths vote, whether there is a need to continue the action, unless the City Manager terminates the action prior to the City Council reviewing the emergency action and making a determination pursuant to this resolution and Section 22050 of the Public Contract Code.

6. When the City Council reviews the emergency action pursuant to this resolution, it shall terminate the action at the earliest date that conditions warrant so that the remainder of the action may be completed by giving notice for bids to let contracts.

PASSED AND ADOPTED this 6th day of October 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

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Authorize the City Manager, or Designee, to Negotiate and Execute Purchase Orders for the Purchase of Vehicles, including Outfitting, from Various Vendors within Appropriated Budget (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602) Category: Consent Calendar-Leadership and Support Services Meeting Date: 10/6/2026
Recommendation: Authorize the City Manager, or designee, to negotiate and execute purchase orders with various vendors using informal bids or cooperative purchasing agreements pursuant to Milpitas Municipal Code Sections I-2-3.03(d) and I-2-3.05 as required for the purchase of City vehicles, including outfitting, for a total combined amount not to exceed $2,411,029 as previously appropriated by City Council, and designate this procurement approach as in the best interest of the City.

BACKGROUND:

The Public Works Department manages a fleet of 302 vehicles, including sedans, work trucks, patrol vehicles, fire engines, and specialized trucks to support city operations. To ensure vehicles are in good operating condition, the city periodically replaces them as older vehicles become less reliable and more expensive to maintain when they are near the end of their useful life. Additionally, the Department periodically assesses operational needs to expand or remove fleet when necessary.

Through the annual and mid-year budgeting process, City Council appropriated funds to the City’s Equipment Replacement Fund. There is currently $2,284,476 in remaining appropriation in the Equipment Replacement Fund for the replacement of 13 vehicles, including six dump trucks, one arbor truck, one boom truck, one flatbed crane, two unmarked police vehicles, and two standard police vehicles. Additionally, on June 17, 2025, City Council approved and accepted a non-competitive grant from Silicon Valley Clean Energy (SVCE) for the purchase of electric vehicles. There is currently $126,553 in grant funds left, which staff have earmarked for the purchase of two e-transit cargo vans.

ANALYSIS:

This fiscal year, staff plan to purchase 15 vehicles in accordance with previous City Council-approved appropriations. To reduce the number of requests made to City Council and to accelerate the purchase of these vehicles, staff seek authorization to issue purchase orders to vendors based on the following two procurement methods:

1. Informal Bid Process – Staff will conduct informal bids directly with local dealers. Through this process, the City typically receives lower pricing and takes faster delivery if the vehicles are available off-the-lot. Local dealers, however, do not hold inventory without a purchase order. Due to the time requirements associated with returning to City Council for approval of a specific purchase, any off-the-lot inventory is typically no longer available by the time City Council authorizes the purchase, and a purchase order is issued. Municipal Code Section I-2-3.01(e) requires a formal bid for any purchase over $50,000. Section I2-3.03(d) allows City Council to authorize another method when it is in the best interest of the City. For these reasons, staff recommend that City Council authorize the use of informal bid processes for these purchases.

2. Cooperative Purchase - In accordance with City Municipal Code Section I-2-3.05 (Public Agency Purchases), the Purchasing Agent may make purchases based upon an agreement or cooperative purchasing program entered into by another public agency, provided the underlying purchase was made

using a competitive procurement process and the agency is a public agency as defined in Government Code Section 6500.. Staff will complete all due diligence associated with verifying the cooperative competitive process and vendor pricing prior to issuing a purchase order.

The following vehicles, including outfitting, are currently expected for purchase this year based on approval of this recommendation:
# Vehicle Estimated Cost*
Funded by SVCE Grant
1 Ford E-Transit Cargo Van (W1X) T-350 $63,000
2 Ford E-Transit Cargo Van (W1X) T-350 $63,000
Total $126,000
FY 26/27 Vehicle Replacement Schedule
3 Dump Truck – Large 56,000 GVWR $245,844
4 Dump Truck – Large 56,000 GVWR $245,844
5 Dump Truck – 8/12 Yard $108,186
6 Dump Truck – 8/12 Yard $108,186
7 Dump Truck – 5/7 Yard $185,000
8 Dump Truck – 5/7 Yard $185,000
9 Arbor Truck $310,000
10 Boom Truck $310,000
11 Flatbed Crane $305,000
12 Police Unmarked Vehicle – Toyota Camry $46,175
13 Police Unmarked Vehicle – Toyota Rav 4 $47,041
14 Police Marked Vehicle – Ford Interceptor $92,600
15 Police Marked Vehicle – Ford Interceptor $95,600
Total $2,284,476
* Estimates vary based on vehicle specifications.

By approving this recommendation, staff will be authorized to issue purchase orders to vendors quickly based on the applicable purchasing process identified above. The applicable procurement method will depend on vehicle specifications, pricing, speed of delivery requirements, and dealer inventory.

PROJECT SCHEDULE/KEY MILESTONES
Following approval of this recommendation, staff expect to determine the appropriate procurement method, conduct informal bids with local dealers where applicable, and issue purchase orders for all vehicles by December 31, 2026.

FISCAL IMPACT:

The current remaining balance on the SVCE grant is $126,553. These remaining funds will be utilized to purchase two e-transit cargo vans. The Equipment Replacement Fund (Fund 500) has a remaining appropriation of $2,284,476 that was approved by City Council as part of the FY 2026-27 Adopted Budget to replace 13 vehicles. Together, these sources total $2,411,029 for 15 vehicles, including outfitting. While the budget was appropriated based on the then-current vehicle estimated costs, final vehicle pricing will vary and may be higher or lower than the estimates. In no event will the total of all purchase orders issued pursuant to this recommendation exceed the total appropriated funds of $2,411,029. If pricing exceeds total appropriated funds, staff will defer the lowest priority purchase(s) to a future budget request].

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b).

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Authorize the City Manager, or Designee, to Negotiate and Execute an Amendment to the Software License and Professional Services Agreement with OpenGov, Inc. for Budget and Planning Software and Expert Services (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) Category: Consent Calendar-Leadership and Support Services Meeting Date: 10/6/2026
Recommendation: Authorize the City Manager, or designee, to negotiate and execute an amendment to the Software License and Professional Services Agreement with OpenGov, Inc. for Budget and Planning Software and Expert Services to extend the Agreement for an additional five years through October 15, 2031, and add $609,401 for a revised notto-exceed amount of $782,282, subject to appropriation by the City Council through the annual budget adoption process.

BACKGROUND:

On October 15, 2019, City Council authorized staff to execute a five-year contract with OpenGov, Inc. (OpenGov) for an amount not to exceed $410,450 for the purchase and installation of Budget and Performance Software and Consolidation of the Management Reporting and Open Town Hall Software based on the results of a competitive Request for Proposal (RFP 2351) process. That five-year contract ended October 15, 2024.

On June 4, 2024, City Council authorized/approved a new two-year Software License and Professional Services Agreement with OpenGov for a not-to-exceed amount of $155,444 to continue the City’s subscription to the Open Town Hall/Budget and Performance Software/Consolidation of the Management Reporting software. On August 19, 2026, staff executed Amendment No. 1 to the Agreement to increase it by $17,437 for a revised maximum compensation of $172,881 under the Purchasing Agent’s authority as allowed by Milpitas Municipal Code (MMC) Section I-2-3.21 (Authority to Modify Contracts Awarded by City Council). This Agreement ends October 15, 2026 without further action.

City staff currently utilize this software to develop and publish the City’s five-year General Fund Forecast and annual Operating and Capital budgets. This software interoperates with the OpenGov eProcurement and Contracts modules, which the City purchases through a separate contract with OpenGov.

ANALYSIS:

On October 16, 2025, in accordance with the MMC Sections I-2-3.14 (Standardization) and I-2-3.06 (Sole Source Procurement), the Purchasing Agent approved a standardization and sole source request for OpenGov software, including its eProcurement, Contracts, Budgeting, Planning, and related modules. This enterprisewide software interoperates with other OpenGov software modules as well as other City systems. Replacing these systems would be costly and time-consuming and would disrupt delivery of the five-year General Fund Forecast and Proposed Operating and Capital Budgets.

The current Agreement expires on October 15, 2026. Staff obtained a quote from OpenGov to continue using this software for another five years. The software cost for the first year of the extension (October 16, 2026 through October 15, 2027) is $85,687, with a 5% increase each year thereafter. The amendment also adds annual expert services for in-depth technical support and training at $24,600 for the first year, also with a 5% annual increase.

The requested amendment will extend the term of the Agreement through October 15, 2031, and add $609,401 to the Agreement for the additional five-year term for a total revised not-to-exceed amount of $782,282. Approval of this amendment will ensure that the City’s annual budget development processes and operations are not interrupted or delayed.

Year Term Software Expert Services Total
1 10/16/2026 – 10/15/2027 $85,687 $24,600 $110,287
2 10/16/2027 – 10/15/2028 $89,971 $25,830 $115,801
3 10/16/2028 – 10/15/2029 $94,470 $27,122 $121,592
4 10/16/2029 – 10/15/2030 $99,193 $28,478 $127,671
5 10/16/2030 – 10/15/2031 $104,153 $29,901 $134,054
Total $473,474 $135,931 $609,405

PROJECT SCHEDULE/KEY MILESTONES
Following approval of this recommendation, staff expect to execute the amendment by the contract expiration date of October 15, 2026. The extended term runs October 16, 2026 through October 15, 2031.

FISCAL IMPACT:

The cost for the first year of the extension, October 16, 2026 through October 15, 2027, is $110,287 ($85,687 for software and $24,600 for expert services). Sufficient funds are available in the Finance Department’s FY2026-27 operating budget to cover expenditures under this Amendment. Funding for subsequent fiscal years of the five-year term, totaling $499,114 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).

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 for Calaveras Median Beautification Project (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: 10/6/2026
Recommendation: Adopt a resolution to accept the improvements for Calaveras Median Beautification Project, CIP No. 3468, and authorize the City Engineer to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty period.

BACKGROUND:

On March 17, 2026, by Resolution No. 9492, the City Council awarded a construction contract to Golden Bay Construction, Inc. in an amount of $568,766 with an $85,000 change order contingency for the Calaveras Median Beautification Project, CIP No. 3468 (“Project”). The work included the installation of a continuous 4-foot-wide meandering cobblestone embedded in concrete with surrounding permeable gravel and re-staining of existing concrete on E. Calaveras Blvd. from N. Milpitas Blvd. to S. Park Victoria Dr.; and the installation of cobblestone and re-staining of existing concrete on E. Calaveras Blvd. from Abel St. to Serra Way.

ANALYSIS:

The Project was successfully completed on time and within budget and now aligns with the City’s maintenance level of service, and climate action goals for long-term water conservation. 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.

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.

FISCAL IMPACT:

There is no additional fiscal impact as the Project has been completed within the approved budget. The Public Works Department will be responsible for maintenance and operations of the improvements. Any required additional funding for ongoing maintenance will be requested through future budget appropriations as the City Council considers and adopts the annual operating budget.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b). The Project was determined to be categorically exempt under CEQA Guideline 15301 (Existing Facilities) at the time of contract award on March 17, 202
ATTACHMENTS:
(a) Resolution and Notice of Completion

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS

GRANTING ACCEPTANCE OF THE CALAVERAS MEDIAN
BEAUTIFICATION PROJECT, CIP NO. 3468
WHEREAS, on March 17, 2026, the City Council awarded a construction contract to Golden Bay Construction, Inc. in an amount of $568,766 for the Calaveras Median Beautification Project, CIP No. 3468 (“Project”) to install a continuous 4-foot-wide meandering cobblestone pathway embedded in concrete with surrounding permeable gravel, and re-stain existing concrete; 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 improvement as completed on this 6th of October, 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; and 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 6th day of October, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

2 Resolution No. XXXX
ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:

Christian M. Curtis, City Attorney

3 Resolution No. XXXX
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 March 17th, 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: Calaveras Median Beautification Project, CIP No. 3468

2. A description of the sites of which the City is owner for said work of improvement is: Calaveras Boulevard and Serra Way 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: Golden Bay Construction, Inc., 3826 Depot Road Hayward, CA 94545

4. A general statement of the kind of work done or materials furnished to the City is as follows: The Project provides for the procurement and installation of a continuous 4-foot-wide meandering cobblestone pathway embedded in concrete with surrounding permeable gravel, concrete re-staining along E.

Calaveras Boulevard from N. Milpitas Boulevard to S. Park Victoria Drive, and cobblestone installations at the Serra Way intersection island and the median south of Serra Way.

5. Said work of improvement was accepted by the Milpitas City Council as completed on October 6th, 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: Approve and Authorize the City Manager, or Designee, to Execute an Amendment to the Funding Agreement with Santa Clara Valley Transportation Authority for the Calaveras Boulevard Widening Project (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: 10/6/2026
Approve and authorize the City Manager, or designee, to execute Amendment No. 2 to the Funding Agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority for the Calaveras Boulevard Widening Project, CIP No. 4258, to reinstate the agreement effective July 1, 2026, and extend the term through December 31, 2029, at no additional cost to the City.

BACKGROUND:

The Calaveras Boulevard Widening Project, CIP No. 4258 (“Project”), is in the adopted FY 2027-2031 Capital Improvement Program (CIP). The Project provides for the design and construction for the replacement of the bridges that will include three travel lanes and pedestrian and bicycle facilities in both directions between Milpitas Boulevard and Abel Street along Calaveras Boulevard.

Calaveras Boulevard is a State-owned and operated highway (SR 237) which is a critical 6-lane transportation artery to provide residents and businesses access to I-680 and I-880 freeways and local streets through the City of Milpitas. However, it reduces from 6-lanes to 4-lanes at the bridge structures creating traffic congestion. On January 3, 2006, the City and Santa Clara Valley Transportation Authority (VTA) entered into a cooperative agreement to prepare the Project Study Report (PSR) for the Project. VTA completed the PSR in September of 2009 and determined the traffic congestion at the bridge structures would worsen as growth continued in the region and widening of the bridge structures to 6-lanes would provide traffic congestion relief.

Because projects on State highways typically take many years to complete, the City Council adopted the Calaveras Boulevard Widening Traffic Impact Fee in 2009 that applies to private development projects that generate additional vehicle trips to help accelerate the Project delivery by establishing a revenue source for the City’s future funding obligation.

Santa Clara County voters passed 2016 Measure B, which is a 30-year half cent countywide sales tax initiative to enhance transit, highways, expressways and active transportation. In October 2021, staff submitted a Measure B funding application to VTA for the 10-year Expenditure Program competitive call-for-projects which was eventually recommended for funding by the VTA program scoring committee. The 2016 Measure B Program Category Guidelines under the Highway IC Category requires the Project to provide a minimum 10% non-2016 Measure B funding contribution. At the time of the application, the City generated approximately $5.0 million in traffic impact fees from development projects which can only fund the completion of the Project Approval and the Environmental Document (PA&ED) phase. As VTA recognizes the importance of the Project in the region, the City and VTA entered into an agreement to complete the PA&ED phase in the amount of $5.0 million approved by the City Council on December 7, 2021 (Attachment A) to advance the Project’s delivery and aid in competing for funding from County, State and/or Federal transportation grants. The agreement was funded by the TASP Impact Fee Fund ($3.5 million) and the Calaveras Boulevard Widening Traffic Impact Fee Fund ($1.5 million). On April 15, 2025, the City Council approved Amendment No. 1 (Attachment B) to extend the term of the agreement to June 30, 2026, to allow VTA to complete the PA&ED phase due to the extensive timeline of the environmental studies and design review with Caltrans and Union Pacific Railroad (UPRR).

ANALYSIS:

VTA has made significant progress on preliminary design by completing all the environmental studies and resolving Right-of-Way matters with Caltrans and Union Pacific Railroad (UPRR). However, this effort has exceeded VTA’s anticipated schedule of completing the PA&ED phase by spring of 2026. VTA is now preparing final environmental documents for public review and outreach which is anticipated to be completed by spring 2027, pending feedback from the public. As the agreement between the City and VTA expired on June 30, 2026, the term of the agreement must be extended for VTA to continue their efforts on the Project.

Staff recommend the City Council approve and authorize the City Manager, or designee, to execute Amendment No. 2 to the Funding Agreement with VTA (Attachment C) to reinstate the agreement effective July 1, 2026 and extend the term to December 31st, 2029.

PROJECT SCHEDULE/KEY MILESTONES:

Upon completion of the PA&ED phase, VTA is anticipated to start the design phase in Summer of 2027 in order to start construction in 2030. As VTA has secured funding for 35% and portion of 65% design, this anticipated schedule is pending funding the shortfall of the remaining phases of the Project. The City and VTA will coordinate and work on obtaining Highway IC Category funds for the design, Right-of-Way, and construction phases of the Project by applying to and complying with the 2016 Measure B Highway Interchange Program Prioritization and Project Selection Process.

FISCAL IMPACT:

There is no fiscal impact for this Amendment as it will only extend the term of the Funding Agreement.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b).

ATTACHMENT(S):
(a) Funding Agreement for the State Route 237 – Calaveras Boulevard Widening Project (b) Amendment No. 1 to Funding Agreement – Time Extension (c) Amendment No. 2 to Funding Agreement – Time Extension

Milpitas – VTA Calaveras Boulevard Widening

FUNDING AGREEMENT

BETWEEN THE CITY OF MILPITAS AND

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR THE STATE ROUTE 237 – CALAVERAS BOULEVARD WIDENING PROJECT THIS AGREEMENT (“Agreement”) dated ________________________, 2021, for purposes of reference, is made and entered into by and between the CITY OF MILPITAS, a municipal corporation of the State of California ("CITY"), and SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, a public agency organized as a special district under California law ("VTA").

Hereinafter, CITY and VTA may be individually referred to as "Party" or collectively referred to as "Parties".

I. RECITALS
A. Where WHEREAS, CITY and VTA entered into a cooperative agreement to prepare the Project Study Report ("PSR") for State Route 237/Calaveras Boulevard Widening Project on January 3, 2006; and
B. WHEREAS, the PSR evaluated alternatives to improve traffic operations Calaveras Boulevard in the City of Milpitas, California; and
C. WHEREAS, the PSR for Calaveras Boulevard Widening was completed in September 2009 and approved by the State of California Department of Transportation ("Caltrans") on February 24, 2010; and
D. Whereas, on June 24, 2016, the VTA Board of Directors adopted a resolution to place a ballot measure before the voters of Santa Clara County in November 2016 to authorize a one-half of one percent retail transaction and use tax (“2016 MEASURE B”) for 30 years for nine transportation-related program categories; and E. Whereas, on November 8, 2016, the voters of Santa Clara County enacted 2016 MEASURE B for 30 years to pay for the nine transportation-related program categories; and F. Whereas, on October 5, 2017, the VTA Board of Directors established the 2016 Measure B Program (“PROGRAM”) and adopted the 2016 Measure B Program Category Guidelines; and
G. Whereas, the PROGRAM includes a “Highway Interchange” program category (HIGHWAY IC CATEGORY), which includes a list of eligible projects, that funds highway projects throughout the valley; and






















 








EPD202201-1127
Received 28 January 2022

Milpitas – VTA Calaveras Boulevard Widening
H. Whereas, the 2016 Measure B Program Category Guidelines for the HIGHWAY IC CATEGORY requires a minimum 10% non-2016 Measure B contribution for development of PROJECT; and
I. Whereas, CITY and VTA each recognize the need to improve traffic operations, improve local circulation and provide Complete Streets benefits in the City of Milpitas in the County of Santa Clara along Calaveras Boulevard between Abel Street and Milpitas Boulevard by widening the Calaveras Boulevard bridges over North Main Street and the UPRR/BART tracks hereinafter referred to as “PROJECT “; and J. Whereas, the PROJECT is eligible to receive HIGHWAY IC CATEGORY funds; and K. Whereas, in June 2009, the Milpitas City Council: (i) established a traffic impact fee for private development for the Calaveras Boulevard Widening project and a Five Million Dollars ($5,000,000) in traffic impact fees was collected by April 2021; and (ii) identified that these funds may be used towards CITY's matching contribution towards the PROJECT; and
L. Whereas, CITY and VTA would like to begin the Project Approval and Environmental document (“PA&ED”) phase of the PROJECT; and
M. Whereas, on August 5, 2021, the VTA Board of Directors established the 2016 Measure B Highway Interchange Program Prioritization and Project Selection Process and directed staff to develop a ranked priority list of HIGHWAY IC CATEGORY projects; and N. Whereas, as a result of the August 5, 2021, VTA Board action, allocation of HIGHWAY IC CATEGORY funds for the final design (PS&E), right-of-way (ROW), and/or construction phases of the PROJECT is not guaranteed and is dependent on the results of the selection process; and
O. Whereas, CITY and VTA will coordinate and work on obtaining HIGHWAY IC CATEOGORY funds for the PS&E, ROW, and construction phases of the PROJECT by submitting an application to and complying with the 2016 Measure B Highway Interchange Program Prioritization and Project Selection Process as identified; and P. Whereas, this Agreement is intended to delineate the duties, and funding responsibilities of the Parties for the PROJECT.

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the Parties agree as follows:

II. AGREEMENT

1. The PROJECT. The Parties agree to construct the PROJECT pursuant to the terms and 





















 





Milpitas – VTA Calaveras Boulevard Widening
conditions set forth herein.

2. Scope of Work. The Scope of Work is the PA&ED phase of the PROJECT, which includes but not limited to: (i) obtaining all necessary permits and approvals required from all governmental or regulatory agencies and/ or entities having jurisdiction over the PROJECT; and (ii) those planning and design activities necessary to complete the PA&ED phase.

3. Cost of PROJECT. The anticipated total cost of the PROJECT is One Hundred Forty-Three Million Four Hundred Fifty Thousand Dollars ($143,450,000).

4. CITY’S Financial Contribution. CITY agrees to contribute to the PROJECT an amount not to exceed Five Million Dollars ($5,000,000) (hereinafter “CITY’S Contribution”) towards the development of the PA&ED phase of the PROJECT.

5. Use of CITY’s Contribution. VTA will use the CITY’s Contribution and the interest earned thereon for allowable costs and expenses for the sole purpose of completing the PA&ED phase of PROJECT, as set forth in this Agreement.

Upon execution of the Agreement, VTA shall invoice CITY for the CITY’s Contribution, and, upon receipt, will deposit the CITY’s Contribution into an interest-bearing account. CITY shall pay to VTA the CITY’s Contribution within thirty (30) calendar days after receipt of invoice.

Should the PROJECT be awarded HIGHWAY IC CATEGORY funds as a result of the 2016 Measure B Highway Interchange Program Prioritization and Project Selection Process, CITY’s Contribution and any interest earned will be considered as part of the required minimum 10% non-2016 Measure B contribution of total PROJECT cost.

CITY’s financial contribution towards design, right-of-way and Construction phases will be subject to future negotiation and mutually agreed upon in a written amendment to this agreement.

6. City’s Role in PROJECT. During the term of the PROJECT, CITY shall provide CITY staff oversight of, and participation in, the PROJECT, and necessary and appropriate coordination with all departments of the CITY. The CITY is not expected to take on an administrative role or hire consultants for the PROJECT, but may inspect work on the PROJECT as desired. CITY will issue, if required, necessary encroachment permits for the PROJECT at no cost where the work meets the CITY’s encroachment permit requirements. After reasonable opportunity to review PROJECT's documents and subject to the CITY’s discretion, the CITY shall provide timely reviews, comments, and approvals of PROJECT's documents submitted by VTA to CITY.

CITY will attend any Project Development Team meetings. CITY costs incurred to administer and participate in the PROJECT as described in this Agreement will not be allowable costs against CITY's Contribution.

7. VTA’s Role in PROJECT.






















 





Milpitas – VTA Calaveras Boulevard Widening
a. Tasks. VTA shall perform and/or be responsible for the following tasks to complete the PROJECT:
i. Serve as project manager for PROJECT;
ii. Coordinate with the State of California and other relevant stakeholders as necessary to allow for review and approval of PROJECT;
iii. Complete Project Approval/Environmental Document (PA/ED) work for PROJECT;
iv. Complete activities necessary for the final design (PS&E) documents for PROJECT, subject to future funding;
v. Complete ROW activities, subject to future funding;
vi. Advertise, award, and administer Construction contract, subject to future funding;
vii. Conduct close-out activities for the PROJECT, subject to future funding.

Costs and expenses to perform these tasks shall be considered allowable costs and expenses pursuant to this Agreement.
b. Consultants. VTA may retain design consultants to perform any of the functions listed in Section II Article 3. VTA’s administrative costs to procure and manage consultant agreements as well as the actual costs of such consultants shall be allowable costs pursuant to this Agreement.
c. Project Cost Updates. VTA shall actively monitor actual PROJECT expenditures to ensure that CITY’s Contribution is used to pay for allowable PROJECT expenditures.

If an amount exceeding CITY’s Contribution is required to complete the PA&ED phase of the PROJECT, VTA shall notify CITY in writing that additional funds are needed pursuant to Section II Article 4. VTA shall not perform any work until an amendment to this Agreement is executed, adding funds to cover the PA&ED phase of the PROJECT completion.
d. Other Project Management Duties VTA shall include CITY staff as an active participant within VTA's project management process, VTA will hold periodic project development team meetings as agreed upon by the PROJECT team to assess the progress of PROJECT and address PROJECT issues as they arise.

8. Compliance with Governmental Requirements. VTA shall comply with all laws and regulations pertaining to the PROJECT.

Compliance with 2016 Measure B requirements. In anticipation of future 2016 Measure B funds, VTA and CITY will comply with all 2016 Measure B requirements as identified in the 2016 Measure B Program and Program Guidelines for the HIGHWAY IC CATEGORY.























 





Milpitas – VTA Calaveras Boulevard Widening

9. Term of Agreement. This Agreement shall become effective upon full execution and shall remain in effect through the earlier of: (i) December 31, 2024, or (ii) completion of the PA&ED phase of the PROJECT. If the PA&ED phase of the PROJECT is delayed beyond December 31, 2024, or cancelled completely, either Party may terminate this Agreement which can be accomplished by either Party giving written notice to the other Party of such termination with a 30 day notice. Any unused funds will be returned to each Party. .This term of this Agreement can be extended by Amendment in accordance with Article 17.

10. Audit and Record Retention. CITY may audit the expenses incurred in the performance of this Agreement. VTA shall retain all records related to the PROJECT for three (3) years after the completion of PROJECT. During this period and during the PROJECT, VTA shall make these records available to the City for inspection within a reasonable time, upon City’s written request. VTA will repay any portion of the City Contribution used for unallowable expenses as determined by the audit.

11. Parties’ Representatives. The General Manager of VTA, or the General Manager’s designee, is hereby made the representative of VTA for all purposes under this Agreement. The Director of the Public Works for CITY (“Director”), or the Director’s designee, is hereby made the representative of CITY for all purposes under this Agreement.

12. Indemnification.
a. Neither VTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of CITY’s negligence, recklessness, or willful misconduct under or in connection with any work, authority or jurisdiction associated with the PROJECT. In addition, CITY shall fully indemnify and hold VTA harmless from any liability imposed for injury (as defined by Government Code §810.8) occurring by reason of CITY’s negligence, recklessness, or willful misconduct under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. This provision will survive the termination or expiration of this Agreement.
b. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of VTA’s negligence, recklessness, or willful misconduct in the completion of any work associated with the PROJECT. In addition, VTA shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code §810.8) occurring by reason of VTA’s negligence, recklessness, or willful misconduct in the completion of the work, undertaken by VTA pursuant to this Agreement. This provision will survive the termination or expiration of this Agreement.

13. No Waiver. The failure of either Party to insist upon the strict performance of any of the terms of this Agreement shall not be deemed a waiver of any right or remedy that either Party may have and shall not be deemed a waiver of their right to require strict performance of all of the terms thereafter.






















 





Milpitas – VTA Calaveras Boulevard Widening

14. Notice. Any notice required to be given by either Party, or which either Party may wish to give, shall be in writing and served either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows:

To VTA: Santa Clara Valley Transportation Authority
Chief Engineering and Program Delivery Officer
3331 North First Street, Bldg. A
San Jose, CA 95134-1906
To CITY: City of Milpitas
Steve Erickson, City Engineer/Engineering Director
Department of Public Works
455 E. Calaveras Blvd.

Milpitas, CA 95035
[email protected]
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the United States mail.

15. Dispute Resolution. If a question arises regarding interpretation of this Agreement or its performance, or the alleged failure of a Party to perform, the Party raising the question or making the allegation shall give written notice thereof to the other Party. The Parties shall promptly meet in an effort to resolve the issues raised. If the Parties fail to resolve the issues raised, alternative forms of dispute resolution, including mediation or arbitration, may be pursued by mutual agreement. It is the intent of the Parties to the extent possible that litigation be avoided as a method of dispute resolution.

16. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties pertaining to the subject matter contained therein and supersedes all prior or contemporaneous agreements, representations, and understandings of the Parties relative thereto.

17. Amendments. No alteration or variation of the terms of this Agreement will be valid unless made in writing and signed by both of the Parties hereto, and no oral understanding or agreement not incorporated herein will be binding on any of the Parties hereto.

18. Warranty of Authority to Execute Agreement. Each Party to this Agreement represents and warrants that each person whose signature appears hereon has been duly authorized and has the full authority to execute this Agreement on behalf of the entity that is a Party to this Agreement.

19. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of 





















 





Milpitas – VTA Calaveras Boulevard Widening
competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions and provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

20. Governing Law. The laws of the State of California will govern this Agreement, as well as any dispute that might arise between VTA and CITY, without regard to conflict of law provisions.

WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth. “CITY”
City of Milpitas
a municipal corporation
“VTA”
Santa Clara Valley Transportation Authority
a public agency
Steven McHarris Carolyn M. Gonot
City Manager General Manager/CEO
Date Date
APPROVED AS TO FORM: APPROVED AS TO FORM:

Christopher Diaz TBD
City Attorney VTA Counsel
















Judith Propp










 









MEMORANDUM
TO: Carolyn Gonot, General Manager/CEO
FROM: Gene Gonzalo – Highway Program Manager
DATE: January 28, 2022
SUBJECT: General Manager’s signature for Funding Agreement between City of Milpitas and VTA for the SR 237 Calaveras Boulevard Improvements Project (P-1219) On January 6, 2022, the VTA Board of Directors authorized the General Manager to execute cooperative agreements with Cities and Towns of Santa Clara County for planning, environmental, design, right-of-way, and construction phases of 2016 Measure B roadway projects. The 2016 Measure B Program includes the SR 237 Calaveras Boulevard Improvements Project in City of Milpitas.

On December 7, 2021, Joint Meeting of the Milpitas City Council, and the Milpitas Housing Authority approved and authorized to execute the funding agreement with the Santa Clara Valley Transportation Authority (VTA) for completion of the Project Approval/ Environmental Documentation (PA/ED) phase of the Project.

This funding agreement between City of Milpitas and VTA is for $5,000,000 for VTA to complete the PA/ED phase of the project. An amendment to this agreement will be needed for the subsequent final design, right-of-way, and construction phases.

The Funding Agreement between City of Milpitas and VTA will establish roles and responsibilities to complete the SR 237 Calaveras Improvements Project. This Funding Agreement was signed by City of Milpitas and will be executed upon receipt of VTA signatures.

Enclosures:

Funding Agreement
Board Memorandum dated January 6, 2022
Submitted by: Shanthi Chatradhi










 





EPD202201-1064
Received 18 January 2022










 















 















 















 















 















 















 















 















 















 





1 AMENDMENT No. 1 TO

FUNDING AGREEMENT

BETWEEN THE CITY OF MILPITAS AND

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR THE STATE ROUTE 237

CALAVERAS BOULEVARD IMPROVEMENTS PROJECT
This FUNDING AGREEMENT AMENDMENT No.1 (“First Amendment”) dated ________________, 2025 for purposes of reference, is made and entered into by and between CITY OF MILPITAS, a municipal corporation of the State of California (“CITY”) and SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, a public agency organized as a special district under California law (“VTA”). Hereinafter, CITY and VTA may be individually referred to as “PART” or collectively referred to as “Parties.”
I. RECITALS
A. On January 28, 2022, Parties entered into an agreement (“FUNDING AGREEMENT”) setting forth their respective obligations in regard to the Project Approval and Environmental Document (PA&ED) phase of the Calaveras Boulevard Improvements Project (“PROJECT”).

B. The PROJECT is scheduled to be completed by June 30, 2026.

C. The Parties wish to amend the FUNDING AGREEMENT to extend the term from December 31, 2024 to June 30, 2026.

NOW, THEREFORE, the Parties agree to amend the FUNDING AGREEMENT as follows:

II. AMENDED AGREEMENT

1. SECTION II PARAGRAPH 9. Term of Agreement is hereby amended to extend the agreement to June 30, 2026. The first sentence shall be restated as follows:

This Agreement shall become effective upon full execution and shall remain effect through the earlier of (i) June 30, 2026, or (ii) completion of the PA&ED phase of the Project.

SECTION II PARAGRAPH 14 Notice is hereby amended to update VTA’s address and shall be restated as follows:

Any notice required to be given by either Party, or which either party may wish 









 




 







 



 









 





2 to give, shall be in writing and served either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows:

To VTA: Santa Clara Valley Transportation Authority
Chief Engineering & Program Delivery Officer
3331 North First Street, Bldg. A
San Jose, CA 95134-1906
To CITY: City of Milpitas
Michael Silveira,
City Engineer
455 E. Calaveras Blvd.

Milpitas, CA 95035
[email protected]
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the United States mail.”

2. Any exhibits or attachments referenced in and/or attached to this First Amendment are incorporated into the Contract by this reference.

3. The capitalized terms used in this First Amendment have the meanings as defined in the Contract unless specifically defined in this First Amendment.

4. Except as modified by this First Amendment, all provisions of the Contract, including any exhibits and subsequent amendments to them, remain in full force and effect. All references to the Contract in this First Amendment refer to the Contract as amended unless otherwise specifically set forth or otherwise indicated by context.

5. In the event of any conflict between the provisions of this First Amendment and the provisions of the Contract, the provisions of this First Amendment will prevail. Whether or not specifically amended by this First Amendment, all of the terms and provisions of the Contract are deemed amended to the extent necessary to give effect to the purpose and intent of this First Amendment.

6. If any provision of the Contract, as amended by this First Amendment, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.

7. This First Amendment may be executed in one or more counterparts, each of which will be deemed an original but all of which will constitute one and the same instrument. For purposes of this Contract, an electronic copy of a signed 









 




 







 



 









 


3 contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by each of the Parties.

The Parties have caused their undersigned, duly authorized signatories to sign this First Amendment on the dates set forth below.
“CITY”
City of Milpitas
a municipal corporation
Approved By:

By:

Ned Thomas, City Manager
Date: ___________________________
Approved As To Form:

By:

Christopher Creech,
Acting City Attorney
Approved As To Scope:

By:

Luz Cofresi-Howe
Finance Director / Risk Manager
Approved As To Content:

By:

Christian Di Renzo,
Public Works Director
“VTA”
Santa Clara Valley Transportation Authority
a public agency
By:

Carolyn M. Gonot
General Manager/CEO
Date: ___________________________
Approved As To Form:

By:

Andrew Lee
Assistant Counsel










 



















 







Deanna J. Santana, Interim City Manager










 











1 AMENDMENT NO. 2 TO

FUNDING AGREEMENT

BETWEEN THE CITY OF MILPITAS AND

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR THE STATE ROUTE 237

CALAVERAS BOULEVARD IMPROVEMENTS PROJECT
This FUNDING AGREEMENT AMENDMENT NO.2 (“Second Amendment”) dated ________________, 2026 for purposes of reference, is made and entered into by and between CITY OF MILPITAS, a municipal corporation of the State of California (“CITY”) and SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, a public agency organized as a special district under California law (“VTA”). Hereinafter, CITY and VTA may be individually referred to as “PARTY” or collectively referred to as “Parties.”
I. RECITALS
A. On January 28, 2022, Parties entered into an agreement (“FUNDING AGREEMENT”) setting forth their respective obligations in regard to the Project Approval and Environmental Document (PA&ED) phase of the Calaveras Boulevard Improvements Project (“PROJECT”).

B. On May 9, 2025, Parties agreed to extend the FUNDING AGREEMENT to June 30, 2026.

C. The PA&ED phase of the PROJECT is scheduled to be completed by May 31, 2027.

D. The Parties wish to reinstate the FUNDING AGREEMENT effective July 1, 2026 and amend the FUNDING AGREEMENT to extend the term from June 30, 2026 to December 31, 2029.

NOW, THEREFORE, the Parties agree to amend the FUNDING AGREEMENT as follows:

II. AMENDED AGREEMENT

1. SECTION II PARAGRAPH 9. Term of Agreement is hereby amended to reinstate the FUNDING AGREEMENT effective July 1, 2026, and to extend the agreement to December 31, 2029. The first sentence shall be restated as follows:

This Agreement shall become effective upon full execution and shall remain effect

2 through the earlier of (i) December 31, 2029, or (ii) completion of the PA&ED phase of the PROJECT. All work performed by VTA between July 1, 2026 and the execution of this Second Amendment is subject to the terms of the FUNDING AGREEMENT.

2. SECTION II PARAGRAPH 14 Notice is hereby amended to update VTA’s address and shall be restated as follows:
“Any notice required to be given by either Party, or which either party may wish to give, shall be in writing and served either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows:

To VTA: Santa Clara Valley Transportation Authority
Chief Engineering & Program Delivery Officer
3331 North First Street, Bldg. A
San Jose, CA 95134-1906

To CITY: City of Milpitas
Michael Silveira, City Engineer
455 E. Calaveras Blvd.

Milpitas, CA 95035
[email protected]
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the United States mail.”

3. Any exhibits or attachments referenced in and/or attached to this Second Amendment are incorporated into the Contract by this reference.

4. The capitalized terms used in this Second Amendment have the meanings as defined in the Contract unless specifically defined in this Second Amendment.

5. Except as modified by this Second Amendment, all provisions of the Contract, including any exhibits and subsequent amendments to them, remain in full force and effect. All references to the Contract in this Second Amendment refer to the Contract as amended unless otherwise specifically set forth or otherwise indicated by context.

6. In the event of any conflict between the provisions of this Second Amendment and the provisions of the Contract, the provisions of this Second Amendment will prevail.

Whether or not specifically amended by this Second Amendment, all of the terms and provisions of the Contract are deemed amended to the extent necessary to give effect to the purpose and intent of this Second Amendment.

3 7. If any provision of the Contract, as amended by this Second Amendment, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.

8. This Second Amendment may be executed in one or more counterparts, each of which will be deemed an original but all of which will constitute one and the same instrument. For purposes of this Contract, an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a writing as set forth in Evidence Code Section 1550.

The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by each of the Parties.

The Parties have caused their undersigned, duly authorized signatories to sign this Second Amendment on the dates set forth below.

City of Milpitas
Approved By:

By:

Willie A. Hopkins, Jr., City Manager
Date: ___________________________
Approved As To Form:

By:

Christian M. Curtis, City Attorney
Approved As To Scope:

By:

Luz Cofresí-Howe
Finance Director
Approved As To Content:

Santa Clara Valley Transportation Authority
By:

Carolyn M. Gonot
General Manager/CEO
Date: ___________________________
Approved As To Form:

By:

Vrunda Shah
Staff Attorney II

4 By:

Christian Di Renzo
Public Works Director

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 for Police Department Locker Room Renovation Project (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: 10/6/2026
Recommendation: Adopt a resolution to accept the improvements for Police Department Locker Room Renovation Project, CIP No. 3406, and authorize the City Engineer to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty period.

BACKGROUND:

On September 2, 2025, the City Council awarded a construction contract to One Day Installation & Repair, Inc. (ODIR) in the amount of $598,609.25 with a $101,390.75 change order contingency for the Police Department Locker Room Renovation Project, CIP No. 3406 ("Project"). The Project included demolition of existing noncompliant finishes and fixtures; installation of new tile flooring, wall finishes, and durable base; upgrades to mechanical, electrical, and plumbing systems; new floor drains and updated water and waste lines; ventilation and lighting improvements; and coordination of fire alarm and sprinkler work. The renovation expanded the women's locker room into a former fitness area and included accessibility improvements to the vestibule, showers, lavatories, toilet compartments, accessible paths of travel, ADA parking stalls, sidewalks, and first-floor corridor to comply with the 2022 California Building Code and Americans with Disabilities Act requirements.

ANALYSIS:

The Project was completed on time and within the approved budget. Staff recommend the City Council adopt a Resolution (Attachment A) accepting the Project and authorizing the City Engineer to file a Notice of Completion in accordance with the provisions of Section 9204 of the California Civil Code. Staff also recommend the City Council authorize the City Engineer to issue a Notice of Final Acceptance after the oneyear warranty period without further City Council action, provided that all warranty work is completed to the satisfaction of the City Engineer.

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.

FISCAL IMPACT:

There is no additional fiscal impact as the Project has been completed within the approved budget. The Public Works Department will be responsible for maintenance and operations of the improvements. Any required additional funding for ongoing maintenance will be requested through future budget appropriations as the City Council considers and adopts the annual operating budget.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b). The Project was determined to be categorically exempt under CEQA Guideline 15301 at the time of contract award on September 2, 2025.

ATTACHMENTS:
(a) Resolution and Notice of Completion

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS

GRANTING ACCEPTANCE OF THE POLICE DEPARTMENT LOCKER ROOM RENOVATION PROJECT, CIP NO. 3406
WHEREAS, on September 2, 2025, the City Council awarded a construction contract to One Day Installation & Repair, Inc. in an amount of $598,609.25 with a $101,390.75 change order contingency for the Police Department Locker Room Renovation Project, CIP No. 3406 ("Project") to renovate and expand the women's locker room facilities at the Milpitas Police Department, including accessibility improvements and mechanical, electrical, and plumbing upgrades; 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 improvement as completed on this 6th of October, 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; and 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 6th day of October, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

2 Resolution No. XXXX
ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:

Christian M. Curtis, City Attorney

3 Resolution No. XXXX
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 September 2nd, 2025, 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: Police Department Locker Room Renovation Project, CIP No. 3406.

2. A description of the site of which the City is owner for said work of improvement is: Milpitas Police Department, 1275 N. Milpitas Blvd., Milpitas, Santa Clara County, California, more particularly described on the plans.

3. The name and address of the direct contractor is: One Day Installation and Repair, 450 Via Vaquero Norte, San Juan Bautista, CA 95045

4. A general statement of the kind of work done or materials furnished to the City is as follows: The Project renovated and expanded the women's locker room facilities at the Milpitas Police Department, including demolition and replacement of non-compliant finishes and fixtures; new tile flooring and wall finishes; expanded shower and storage areas; new locker systems; mechanical, electrical, plumbing, lighting, ventilation, fire alarm and sprinkler-related improvements; and accessibility upgrades to the locker room, vestibule, showers, restroom fixtures, paths of travel, ADA parking stalls, sidewalks, and first-floor corridor.

5. Said work of improvement was completed on August 26th, 2026, and accepted by the Milpitas City Council as completed on October 6th, 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: Consider a Fee Waiver Request from PRAGNYA and a Donation Request from Korean Language and Culture Foundation (Staff Contact: Renée Lorentzen, Director of Recreation and Community Services, 408-586-3409) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 10/6/2026
Recommendation: Approve a Fee Waiver of $1,500 for the PRAGNYA Inclusive Dandiya at the Milpitas Senior Center on October 17, 2026, and approve a donation of $500 for the Korean Language and Culture Foundation event, 583rd Korean Alphabet Day Celebration, held at the Milpitas Public Library on October 4, 2026.

BACKGROUND:

The City Council adopted the updated City Council Donation and Fee Waiver/Reduction Policy (Policy) on June 21, 2022. Under the Policy, an eligible organization may receive either a fee waiver of up to $1,500 per fiscal year or a donation of up to $500 per year, not both, and no more than one award per year. Eligible organizations are defined as "a non-profit organization as described by the Internal Revenue Section such as 501(c)(3) or an intergovernmental agency; [n]on-discriminatory, and non-political in nature." Events must provide a community benefit within the City of Milpitas proper and, if a community event, must be advertised, open to the public, and free of any entrance fee. The application requires each organization to submit its nonprofit status letter.

On August 27, 2026, staff received request from PRAGNYA under the Policy for their second annual Inclusive Dandiya at the Milpitas Senior Center. The request is for a $1,500 fee waiver for its hourly rental fees for the Milpitas Senior Center Community Room and Dance Studio.

On September 19, 2026, staff received a request from the Korean Language and Culture Foundation (KLACF) under the Policy. The request is for a $500 donation for its 583rd Korean Alphabet Day Celebration, held on October 4, 2026, at the Milpitas Public Library.

ANALYSIS:

The Recreation and Community Services Department received two applications under the Policy: a fee waiver request from PRAGNYA and a donation request from KLACF.

Fee Waiver Request
PRAGNYA submitted the required application and documentation for their Inclusive Dandiya community event:
- Facility Rental Application and Permit
- City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter
PRAGNYA is requesting that City Council waive eligible facility rental hourly fees in the amount of $1,500 for the Senior Center Community Room and Dance Studio. The application fee, refundable rental security/damage deposits, and staff fees are not included in this request, and the Policy does not permit waiver of deposits or City staff overtime costs. PRAGNYA is responsible for all fees not waived. The Inclusive Dandiya is a fundraising event. As required by Section 2.5 of the Policy, PRAGNYA has stated that at least 60 percent of funds raised will benefit the Milpitas community..

Donation Request
KLACF submitted the required application and documentation for its 583rd Korean Alphabet Anniversary celebration:
- City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter
KLACF submitted its application on September 19, 2026. The first regular City Council meeting at which the request could be considered is October 6, 2026, which is after the October 4, 2026 event. If approved, the donation will be paid after the event has taken place. The Policy does not address the timing of approval relative to the event date.

As required, PRAGNYA and KLACF provided a copy of their respective determination letters from the Internal Revenue Service stating they are a tax-exempt organization. Both applicants meet the requirements as outlined in the Council adopted Donation and Fee Waiver/Reduction Policy.

PROJECT SCHEDULE/KEY MILESTONES:

Milestone Date
PRAGNYA application received August 27, 2026
KLACF application received September 19, 2026
KLACF Event October 4, 2026
City Council consideration October 6, 2026
PRAGNYA Inclusive Event October 17, 2026
Post-event reports due to Director of Recreation and
Community Services
Within 60 days of event
FISCAL IMPACT:

The FY2026-27 Adopted Operating Budget includes $25,000 for City Council Unallocated Community Promotions, with a current balance of $23,044. If the City Council approves the $1,500 fee waiver and the $500 donation, totaling $2,000, the remaining balance will be $21,044.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b).

ATTACHMENT(S):
(a) PRAGNYA Application
(b) PRAGNYA Internal Revenue Service (IRS) non-profit letter (c) KLACF Application
(d) KLACF Internal Revenue Service (IRS) non-profit letter

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve an Update to the City Council Mural Program Policy (Staff Contact:

Renee Lorentzen, Director of Recreation and Community Services, 408-586- 3409)
Category: Community Services and Sustainable Infrastructure Meeting Date: 10/6/2026
Recommendation: Approve the updated City Council Mural Program Policy BACKGROUND:

Milpitas City Council adopted the Mural Program Policy on October 5, 2021. The policy established a structured mural program intended to strengthen community identity, enhance public spaces, and expand the City’s public art collection. The Policy calls for up to four murals each year through community engagement and broader place-making initiatives, while also using murals as a tool to reduce blight, graffiti, and vandalism.

The policy also defines eligibility and artist participation requirements, including encouraging local creative involvement with at least one mural project each year reserved for local artists. Additionally, artists responding to mural design proposal requests will receive a stipend approved by the Arts Commission, recognizing the value of their creative work and participation in the selection process.

On August 19, 2025, the City Council, through its Prioritization Process, requested that staff bring forward an amendment to the City Council Mural Program Policy (Policy) to include Arts Commission input in the overall program process.

ANALYSIS:

In support of the City Council’s request, staff have drafted amendments to the existing Policy to better define the Arts Commission’s role in the Mural Program, as well as some minor document grammar edits.

Section 4. PROCEDURE language in Section 4.5 is updated to reference the newly adopted Public Art Master Plan and clarify the Arts Commission's role in identifying future mural sites. Section 4.6.3 is updated to expand outreach and partnerships involving Milpitas youth artists.

4.5. The Arts Commission shall be responsible for recommending to the City Council, for final approval, a prioritized list of mural locations and themes as part of its annual Work Plan. In evaluating proposed mural locations, the Commission will consider the following criteria: (1) the level of community support, including multiple nominations for the same site or neighborhood; (2) the content and rationale provided in the nominator’s statement(s); (3) the potential to mitigate blight or deter graffiti vandalism; (4) opportunities for placemaking and positive neighborhood impact; (5) the extent of community involvement in the design, painting, or implementation of the mural; and (6) themes and locations recommended in the City of Milpitas Public Art Master Plan.

4.6.3. To increase the pool of local artists, staff will seek to establish youth artist partnerships with, but not limited to, local schools and local youth organizations.

Section 4.9 has been added to identify the different recommendation and/or review processes for murals, based on a mural’s location and project request type.

4.9. The Mural Selection Committee recommendations may be considered by additional advisory bodies depending on mural location.

4.9.1. For Murals on City-owned spaces:

4.9.1.1 Murals approved as part of the Arts Commission Annual Work Plan shall follow the Mural Selection Committee process, then will be taken to the full Arts Commission for review and comment.

4.9.1.2 City Council members will be provided final proposal renderings to provide individual comment(s) that will be shared with the selected artist for consideration.

4.9.1.3 Murals directed by City Council to staff to commission as part of its annual prioritization process shall follow the Mural Selection Committee process; however, final proposal recommendation will be reviewed by the Arts Commission for recommendation to City Council for final approval, unless otherwise directed by City Council.

4.9.2. For Murals on other public agency spaces:

4.9.2.1 Murals on other public agency spaces shall follow the Mural Selection Committee process, however final proposal recommendation will be reviewed by the Arts Commission and may be taken to the other public agency oversight board for final approval, as required by the other public agency.

4.9.3. For Murals on privately owned spaces:

4.9.3.1 Murals on privately owned spaces shall follow the Mural Selection Committee process, then will be taken to the full Arts Commission for courtesy review and comment that will be shared with the property owner and artist as appropriate.

Following City Council approval of the draft policy changes, staff will implement the updated policy changes to the Mural Program, with the Arts Commission for their approved FY2026-27 Work Plan Mural projects.

The report proposes a policy update developed in response to Council’s priority request to incorporate the Arts Commission into the Mural Program process. If Council is interested in streamlining the selection process by eliminating the Mural Selection Committee and relying solely on the Arts Commission, the policy could instead designate the Arts Commission as the primary advisory body responsible for reviewing mural proposals and approving and/or making recommendations depending on the mural location.

This approach would eliminate an additional committee layer; however, it could also reduce opportunities for broader community input and engagement in mural projects. Murals are highly visible, long-term installations that can have a significant impact on the neighborhoods and public spaces in which they are located. This broader input can be particularly important when murals are proposed for prominent public spaces or within residential neighborhoods. Removing the Mural Selection Committee would place greater responsibility on the Arts Commission to ensure that community perspectives are intentionally incorporated into the review process, either through outreach, public engagement, or other feedback activities, so that the mural selection process continues to reflect the interests of the community.

FISCAL IMPACT:

There is no fiscal impact with the approval of this policy as the amendment does not recommend any changes to the program’s annual budget.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

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

ATTACHMENT(S):
(a) Draft Updated Mural Program Policy – Redlined
(b) Draft Updated Mural Program Policy

CITY OF MILPITAS
Revision Date
Original 10/5/2021
Revised TBD

CITY COUNCIL POLICY

Page | 1

1. PURPOSE

1.1. The Mural Program seeks to promote mural activity reflective of the heritage, diversity and aspirations of our community through engagement with muralists, property owners, community stakeholders and residents.

2. POLICY

2.1. Support the creation of up to four murals annually through community engagement.

2.2. Encourage mural creation as part of broader place-making efforts throughout the City.

2.3. Mitigate blight, graffiti or vandalism.

2.4. Maintain murals with a focus on City-sponsored murals.

2.5. Add up to four mural art installations annually to the City’s public art inventory.

2.6. Only City-owned spaces, or City controlled spaces through easements, can be funded and maintained with Public Art Funds.

2.7. Establish a list of artists regularly with a focused outreach to artists living or working in the City of Milpitas.

2.8. At least one of the annual up to four mural installations will be designated for local artists.

2.9. Artists are paid a stipend, as approved by the Arts Commission, for submitting proposals in response for to a mural design proposal request.

3. DEFINITIONS

3.1. A mural is defined as the creation of public art, funded by public or private funds, on walls, utility boxes and other surfaces accessible to the public.

3.2. Public Art is defined in the municipal code as “works of art located on, affixed or applied to City property.” (Milpitas Municipal Code, Title V, Chapter 20, Section 310.)

3.3. Monies in the Public Art Fund shall be used exclusively to (1) provide sites for works of art, (2) acquire and install works of art, (3) maintain works of art, or (4) fund other administrative costs associated with the Public Art Program. The Arts Commission shall recommend utilization of monies in the Public Art Fund to the City Council. (Milpitas Municipal Code, Title XI, Chapter 10, Section 14.)

3.4. A local artist is defined withas having their primary residence with in the City of Milpitas.

Policy No:

Click or tap here to enter
text.

Mural Program Effective Date:
10/5/20219/15/2026
Revision No:

Click or tap here to enter
text.

Policy Administrator:

Recreation and Community Services
Next Review Due:

Click or tap to enter a
date.

Related Policies and
Procedures:

Click or tap here to enter
text.

Approved by:

City Council
Date Approved:
10/5/20219/15/2026

Page | 2

4. PROCEDURE

4.1. Any resident, business owner or artist may nominate any space, which is publicly accessible and within City limits, to the Director of Recreation and Community Services for mural beautification. Those nominating a space must include a photo and short statement on why they believe the location should be considered for a mural. They may include additional information about potential theme and suggestions for community involvement.

4.2. The City Council may direct staff to commission a mural for a certain theme and/or a certain location as part of their its annual prioritizationis annual process. or on an expedited timeline depending on staff capacity.

4.3. Other public agency owned spaceies’ properties nominated to participate in the Mural Program, must be approved if agreed to by the other public agency, and such public agency the public agency must fund and maintain its own mural(s).

4.3.1. Other public agencies are exempt from payment of the project coordination fee for installing murals in Milpitas.

4.4. Privately owned space nominated to participate in the Mural Program, if agreed tomust be approved by the private property owner, and the private owners must fund and maintain their own murals.

4.4.1. The owner will be required to cover the design stipends, mural cost, a mural program administrative fee to fully recover staff time and overhead for project coordination and any applicable permit fees.

4.4.1.1 The mural program administrative fee funds staff time to provide oversight of the mural project, provide template agreements, and help the property owner achieve a successful mural.

4.4.1.2 Alternatively, the property owner could agree to a long-term easement or lease agreement with the City including the recordation of such agreement on the property title with the Santa Clara County Recorder’s Office in exchange for the City supporting the artwork installation with staff time and/or funding. With the use of public funds, public access to the mural on private property, even if the property changes hands in the future, is required.

4.5. The Arts Commission shall be responsible for recommending to the City Council, for final approval, a prioritized list of mural locations and themes as part of its annual Work Plan. In evaluating proposed mural locations, the Commission will consider the following criteria: (1) the level of community support, including multiple nominations for the same site or neighborhood; (2) the content and rationale provided in the nominator’s statement(s); (3) the potential to mitigate blight or deter graffiti vandalism; (4) opportunities for placemaking and positive neighborhood impact; and (5) the extent of community involvement in the design, painting, or implementation of the mural; and (6) themes and locations recommended in the City of Milpitas Public Art Master Plan.The Arts Commission will be tasked to recommend to the City Council for approval a prioritization of spaces and themes nominated as part of the annual process using the following framework: (1) Multiple requests for same site/neighborhood support; (2) Nominator’s statement(s); (3) Mitigation of blight, graffiti vandalism; (4) Potential for placemaking, positive impact on neighborhood; and (5) Community involvement in design, painting etc.

4.5. 4.6. Every two to three years, or as needed, staff will conducts a Request for Qualifications process to establish a pool of mural artists with including a focused outreach to local artists.

Page | 3

4.6.1. The Arts Commission will prequalify any artist whose portfolio adequately demonstrates that they have the ability to successfully complete a public art mural in Milpitas.

4.6.2. The Prequalified Artists list will be available for review by the Arts Commission, sMural Selection cCommittees, and/or any private property owner wishing to commission a mural. The list will note the artistsartists’ approximate fee range and type of community involvement they are willing to incorporate in their work.

4.6.3. To increase the pool of local artists, staff will seeks to establish youth artist partnerships with, but not limited to, the Milpitas Unified School Districtlocal schools and local local youth organizations.

4.7. After City Council approval of up to four spaces and themes for the annual mural process, staff will recruits for each mural site, residents and stakeholders interested in volunteering to serve on a five-member Mural Selection Committee.

4.7.1. Each Mural Selection Committee will reviews Prequalified Artists and select a limited number to be invited to submit design proposals

4.7.2. For City-owned or other Public Agency spaces, the Mural Selection Committee shall consist of one Arts Commissioner(s), two stakeholders (i.e. building tenants, neighboring businesses, other public agency representative or regular users), and two residents

4.7.3. For privately owned spaces, the Mural Selection Committee shall consist of one Arts Commissioner, the building owner, one stakeholder (i.e. building tenants, neighboring businesses, other public agency representative or regular users), and two residents

4.8. The Mural Selection Committee will consider the following factors in selection of mural designs:

4.8.1. Design is consistent with the purpose and goals of the Mural Program.

4.8.2. Design content is suitable for a general audience.

4.8.3. Design adds to the character of the area and enhances place-making.

4.8.4. Design does not clash with surrounding buildings.

4.8.5. Design scale is appropriate for the location, primary viewer (pedestrian, vehicular).

4.8.6. Design does shall not contain words or images that would constitute signage for a business. Any design that could be construed as business signage may require additional review by the Planning Department for payment of a fee prior to acceptance.

4.9. The Mural Selection Committee recommendations may be considered by additional advisory bodies depending on mural location.

4.9.1. For Murals on City-owned spaces:

4.9.1.1 Murals approved as part of the Arts Commission Annual Work Plan shall follow the Mural Selection Committee process, then will be taken to the full Arts Commission for review and comment.

4.9.1.2 City Council members will be provided final proposal renderings to provide individual comment(s) that will be shared with the selected artist for consideration.

4.9.1.3 Murals directed by City Council to staff to commission as part of their its annual prioritization process shall follow the Mural Selection Committee process, however final proposal recommendation will be

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reviewed by the Arts Commission for recommendation to City Council for final approval, unless otherwise directed by City Council.

4.9.2. For Murals on other public agency spaces:

Murals on other public agency spaces shall follow the Mural Selection Committee process, however final proposal recommendation will be reviewed by the Arts Commission and may be taken to the other public agency oversight board for final approval, as required by the other public agency.

4.9.2.1 4.9.3. For Murals on privately owned spaces:

4.9.3.1 Murals on privately owned spaces shall follow the Mural Selection Committee process, then will be taken to the full Arts Commission for courtseycourtesy review and comment that will be shared with the property owner and artist as appropriate.

CITY OF MILPITAS
Revision Date
Original 10/5/2021
Revised TBD

CITY COUNCIL POLICY

1. PURPOSE

1.1. The Mural Program seeks to promote mural activity reflective of the heritage, diversity and aspirations of our community through engagement with muralists, property owners, community stakeholders and residents.

2. POLICY

2.1. Support the creation of up to four murals annually through community engagement.

2.2. Encourage mural creation as part of broader place-making efforts throughout the City.

2.3. Mitigate blight, graffiti or vandalism.

2.4. Maintain murals with a focus on City-sponsored murals.

2.5. Add up to four mural art installations annually to the City’s public art inventory.

2.6. Only City-owned spaces, or City controlled spaces through easements, can be funded and maintained with Public Art Funds.

2.7. Establish a list of artists regularly with a focused outreach to artists living or working in the City of Milpitas.

2.8. At least one of the annual mural installations will be designated for local artists.

2.9. Artists are paid a stipend, as approved by the Arts Commission, for submitting proposals in response to a mural design proposal request.

3. DEFINITIONS

3.1. A mural is defined as the creation of public art, funded by public or private funds, on walls, utility boxes and other surfaces accessible to the public.

3.2. Public Art is defined in the municipal code as “works of art located on, affixed or applied to City property.” (Milpitas Municipal Code, Title V, Chapter 20, Section 310.)

3.3. Monies in the Public Art Fund shall be used exclusively to (1) provide sites for works of art, (2) acquire and install works of art, (3) maintain works of art, or (4) fund other administrative costs associated with the Public Art Program. The Arts Commission shall recommend utilization of monies in the Public Art Fund to the City Council. (Milpitas Municipal Code, Title XI, Chapter 10, Section 14.)

3.4. A local artist is defined as having their primary residence in the City of Milpitas.

Policy No:

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text.

Mural Program Effective Date:
9/15/2026
Revision No:

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text.

Policy Administrator:

Recreation and Community Services
Next Review Due:

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date.

Related Policies and
Procedures:

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text.

Approved by:

City Council
Date Approved:
9/15/2026

4. PROCEDURE

4.1. Any resident, business owner or artist may nominate any space, which is publicly accessible and within City limits, to the Director of Recreation and Community Services for mural beautification. Those nominating a space must include a photo and short statement on why they believe the location should be considered for a mural. They may include additional information about potential theme and suggestions for community involvement.

4.2. The City Council may direct staff to commission a mural for a certain theme and/or a certain location as part of its annual prioritization process.

4.3. Other public agency owned space nominated to participate in the Mural Program, must be approved by the public agency, and the public agency must fund and maintain its own mural(s).

4.3.1. Other public agencies are exempt from payment of the project coordination fee for installing murals in Milpitas.

4.4. Privately owned space nominated to participate in the Mural Program, must be approved by the private property owner, and the private owners must fund and maintain their own murals.

4.4.1. The owner will be required to cover the design stipends, mural cost, a mural program administrative fee to fully recover staff time and overhead for project coordination and any applicable permit fees.

4.4.1.1 The mural program administrative fee funds staff time to provide oversight of the mural project, provide template agreements, and help the property owner achieve a successful mural.

4.4.1.2 Alternatively, the property owner could agree to a long-term easement or lease agreement with the City including the recordation of such agreement on the property title with the Santa Clara County Recorder’s Office in exchange for the City supporting the artwork installation with staff time and/or funding. With the use of public funds, public access to the mural on private property, even if the property changes hands in the future, is required.

4.5. The Arts Commission shall be responsible for recommending to the City Council, for final approval, a prioritized list of mural locations and themes as part of its annual Work Plan.

In evaluating proposed mural locations, the Commission will consider the following criteria: (1) the level of community support, including multiple nominations for the same site or neighborhood; (2) the content and rationale provided in the nominator’s statement(s); (3) the potential to mitigate blight or deter graffiti vandalism; (4) opportunities for placemaking and positive neighborhood impact; (5) the extent of community involvement in the design, painting, or implementation of the mural; and (6) themes and locations recommended in the City of Milpitas Public Art Master Plan.

4.6. Every two to three years, or as needed, staff will conduct a Request for Qualifications process to establish a pool of mural artists including a focused outreach to local artists.

4.6.1. The Arts Commission will prequalify any artist whose portfolio adequately demonstrates that they have the ability to successfully complete a public art mural in Milpitas.

4.6.2. The Prequalified Artists list will be available for review by the Arts Commission, selection committees, and/or any private property owner wishing to commission a mural. The list will note the artists’ approximate fee range and type of community involvement they are willing to incorporate in their work.

4.6.3. To increase the pool of local artists, staff will seek to establish youth artist partnerships with, but not limited to, local schools and local youth organizations.

4.7. After City Council approval of up to four spaces and themes for the annual mural process, staff will recruit for each mural site, residents and stakeholders interested in volunteering to serve on a five-member Mural Selection Committee.

4.7.1. Each Mural Selection Committee will review Prequalified Artists and select a limited number to be invited to submit design proposals

4.7.2. For City-owned or other Public Agency spaces, the Mural Selection Committee shall consist of one Arts Commissioner, two stakeholders (i.e. building tenants, neighboring businesses, other public agency representative or regular users), and two residents

4.7.3. For privately owned spaces, the Mural Selection Committee shall consist of one Arts Commissioner, the building owner, one stakeholder (i.e. building tenants, neighboring businesses, other public agency representative or regular users), and two residents

4.8. The Mural Selection Committee will consider the following factors in selection of mural designs:

4.8.1. Design is consistent with the purpose and goals of the Mural Program.

4.8.2. Design content is suitable for a general audience.

4.8.3. Design adds to the character of the area and enhances place-making.

4.8.4. Design does not clash with surrounding buildings.

4.8.5. Design scale is appropriate for the location, primary viewer (pedestrian, vehicular).

4.8.6. Design shall not contain words or images that would constitute signage for a business. Any design that could be construed as business signage may require additional review by the Planning Department for payment of a fee prior to acceptance.

4.9. The Mural Selection Committee recommendations may be considered by additional advisory bodies depending on mural location.

4.9.1. For Murals on City-owned spaces:

4.9.1.1 Murals approved as part of the Arts Commission Annual Work Plan shall follow the Mural Selection Committee process, then will be taken to the full Arts Commission for review and comment.

4.9.1.2 City Council members will be provided final proposal renderings to provide individual comment(s) that will be shared with the selected artist for consideration.

4.9.1.3 Murals directed by City Council to staff to commission as part of its annual prioritization process shall follow the Mural Selection Committee process, however final proposal recommendation will be reviewed by the Arts Commission for recommendation to City Council for final approval, unless otherwise directed by City Council.

4.9.2. For Murals on other public agency spaces:

4.9.2.1 Murals on other public agency spaces shall follow the Mural Selection Committee process, however final proposal recommendation will be reviewed by the Arts Commission and may be taken to the other public agency oversight board for final approval, as required by the other public agency.

4.9.3. For Murals on privately owned spaces:

4.9.3.1 Murals on privately owned spaces shall follow the Mural Selection Committee process, then will be taken to the full Arts Commission for

courtesy review and comment that will be shared with the property owner and artist as appropriate.

CITY OF MILPITAS

HOUSING AUTHORITY

AGENDA REPORT
(AR)
Item Title: Authorize the Executive Director to Exercise Remedies Under the Disposition and Development Agreement with South Main Senior Lifestyles, LLC and Prepare for Disposition a Parcel of Land Located at 1504 S. Main Street (Staff Contact: Scott Transou, Assistant City Manager, 408-586-3012; and Christian M. Curtis, City Attorney, 408-586-3040)
Category: Community Development
Meeting Date: 10/6/2026
Recommendation: Authorize the Executive Director to take all necessary actions to prepare the parcel of land located at 1504 S. Main Street (APNs 083-41-004 and 083-41-013) for disposition by the Housing Authority, including (1) exercise of any rights and remedies (including the right to purchase for $1) under the DDA, (2) negotiate a compromise of any outstanding contractual issues and return for Housing Authority Board approval, (3) secure removal of soil temporarily stored on the land, and (4) take such other actions as are necessary, incidental, or appropriate to prepare the property for disposition.

BACKGROUND:

In 2009, the former Milpitas Redevelopment Agency (RDA) entered into an agreement with South Main Senior Lifestyles, LLC (Senior Lifestyles) for the sale and development of land on South Main Street for the construction of senior housing. Redevelopment ended before the sale and development was complete, and the land became an asset of the City of Milpitas Housing Authority. The Housing Authority entered into an amended and restated Disposition and Development Agreement (DDA) in November of 2013 with the goal of continuing the sale and development for senior housing purposes.

The DDA contemplated that the senior housing would be built in two phases, with construction of Phase I completed by December 2017 and construction of Phase II completed no later than December 2021. In 2016, South Main Senior Lifestyles, LLC assigned its Phase I rights to Milpitas Phase I, LP and retained its rights to Phase II. Multiple extensions were granted, and the construction of Phase I was ultimately completed with a Certificate of Completion being issued on November 30, 2021. Despite multiple extensions of time, development of Phase II never commenced, and Senior Lifestyles, LLC has missed its most recent contractual deadline to commence construction by June 30, 2025. Over the past year, Senior Lifestyles, LLC has indicated its intent to submit a proposed modification to the development planned for Phase 2 but has failed to submit a revised proposal for the Housing Authority’s consideration.

Because Phase II has not commenced, the Housing Authority has the right, under the DDA, to exercise remedies with respect to the rights South Main Senior Lifestyles, LLC retained to develop the property on which Phase II was to be constructed. The land consists of a vacant lot located at 1504 S. Main Street (APNs 083-41-004 and 083-41-013). Currently, it contains a substantial amount of soil that was temporarily stored during the construction of Phase I. It is located on the same block as another Housing Authority parcel (APN 083-41-001), as well as two City-owned parcels (APNs 083-41-002 and 083-41-003). The other Housing Authority parcel (APN 083-41-001) is not being used for housing purposes and, by statute, must be sold off.

ANALYSIS:

The Executive Director is requesting authority to prepare the Phase II parcel (APNs 083-41-004 and 083-41- 013) for disposition jointly with the other nearby Housing Authority parcel (APN 083-41-001) and the two Cityowned parcels (APNs 083-41-002 and 083-41-003). A combined disposition of these properties would allow for a more substantial development and provide greater monetary value to both the Housing Authority and the

City. Retaining the Housing Authority’s other parcel on this block is not an option, so maximizing the benefits of its disposition is prudent. This action applies only to the Phase II parcel. Any disposition of the five parcels, jointly or separately, will return to the City Council and the Housing Authority Board for approval.

To facilitate the joint disposition, the Executive Director is asking the Housing Authority Board for authority to exercise contractual rights under the DDA. Among other remedies, the DDA gives the Housing Authority the right to repurchase the land for one dollar ($1). If authorized by the Board, the Director can exercise this and other rights under the DDA to extinguish any ongoing interest of Senior Lifestyles, LLC and establish clear and marketable title to the property at nominal cost. In this case, the Housing Authority is still owner of record for Phase II, so the Executive Director will need to work with General Counsel to develop a different form of deed for repurchase than initially contemplated in the DDA.

Additionally, the Executive Director is also seeking authority to begin negotiation on any outstanding contractual issues, including Senior Lifestyles, LLC’s performance of any necessary environmental assessments, removal of the soil stored on the Phase II parcel, and any remediation work that may be necessary. While it is possible that these issues might be resolved by Senior Lifestyles, LLC’s voluntary performance of its outstanding obligations, there may be tasks that can be resolved more readily through cash settlement rather than direct performance. Changes outside of the Director’s existing authority would need to return to Council for approval.

FISCAL IMPACT:

Sufficient funds are available in the Housing Authority Fund’s FY2026-27 Adopted Operating Budget to cover the estimated costs of up to $5,000 for appraisal services, environmental site assessment, and brokerage services for the Phase II parcel.

The sale of the property will generate proceeds that must be deposited into the Housing Authority Fund (Fund 295), also referred to as the Low and Moderate Income Housing Asset Fund, to be used for future development of affordable housing in Milpitas, in accordance with Health and Safety Code Sections 34176 and 34176.1.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The recommended actions – authorizing staff to prepare the property for disposition, obtain appraisals, conduct environmental due diligence, and secure removal of temporarily stored soil – do not constitute approval of a specific development project. These preparatory actions are exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (common sense exemption), as there is no possibility that the activity in question may have a significant effect on the environment. Any future development project proposed for the site will be subject to its own CEQA review at the time of entitlement application.

ATTACHMENT(S):

None.

CITY OF MILPITAS

CITY COUNCIL/HOUSING AUTHORITY

AGENDA REPORT
(AR)
Item Title: Receive Status Report and Provide Direction Regarding Tenancies at 1432-1446 South Main Street, Including the Milpitas Food Pantry, and Disposition of CityOwned Property at 1452-1466 South Main Street and 1474-1488 South Main Street (Staff Contacts: Scott Transou, Assistant City Manager, 408-586-3012; and Jeannie Young, Senior Special Projects Associate, 408-586-3007) Category: Leadership and Support Services
Meeting Date: 10/6/2026
Recommendation: Receive status report and provide direction regarding tenancies at 1432-1446 South Main Street (APN 083-41-001) and disposition of City-owned Property at 1452-1466 South Main Street (APN 083-41-002) and 1474-1488 South Main Street (APN 083- 41-003).

BACKGROUND:

The Milpitas Housing Authority owns a parcel located at 1432-1446 South Main Street (APN 083-41-001), known as “Parcel 1.” Parcel 1 was acquired by the former Milpitas Redevelopment Agency (RDA) in 2011 with Low- and Moderate-Income Housing Fund (LMIHF) monies and was later transferred to the Housing Authority.

The properties at 1452-1466 South Main Street (APN 083-41-002), known as “Parcel 2” and 1474-1488 South Main Street (APN 083-41-003), known as “Parcel 3” were initially transferred to the Housing Authority as "housing assets" after the RDA was dissolved in February 2012, with the stated intent to build affordable and market rate housing. Because Parcels 2 and 3 were purchased with general fund monies, the Housing Authority subsequently transferred ownership of Parcels 2 and 3 to the City of Milpitas.

Parcel 1 contains several commercial buildings occupied by tenants, including the Milpitas Food Pantry. All leases have expired, but the tenants have been permitted to hold over on a month-to-month basis. New, longterm leases are impractical, because Housing Authority assets must be used for the creation of affordable housing, and disposal of this parcel is required by statute. Under California Health and Safety Code Section 33334.16, affordable housing development was required to begin on Parcel 1 within five (5) years of the Department of Finance’s approval of the parcel as a housing asset, which can be extended to a total of ten (10) years. The Housing Authority was unable to commence development within the statutory timeline, so the Housing Authority is now required to sell the property and deposit the proceeds into the LMIHF.

In light of this requirement, the Housing Authority Board directed staff to pursue a sale of Parcel 1. Staff completed environmental due diligence, obtained an appraisal, and retained a broker. Subsequently, the City Council/Housing Authority Board directed staff to explore a combined disposition of Parcel 1 with adjacent Cityowned Parcels 2 and 3 to obtain broader and more favorable offers and terms of disposition. Staffing limitations delayed progress, but the new housing official now provides dedicated leadership to resolve the parcel’s disposition.

While the disposition process for Parcel 1 has been ongoing, the Housing Authority Board directed staff to analyze the possibility of increasing the Milpitas Food Pantry’s rent from one dollar ($1) per month to market rate. On May 5th, the City Council directed staff to place an item on a future Housing Authority agenda to allow the Housing Authority Board to determine whether to continue the tenancy at the current rent or increase it to market rate. On September 15th, the Council asked for an update, and this item followed.

ANALYSIS:

The Housing Authority is legally required to sell Parcel 1 at this time. Selling Parcel 1 in conjunction with Parcels 2, 3, and 4 will provide substantially more value and community benefit, because the land can be put to substantially better use if the parcels are developed under common ownership. Regardless of how it is sold, however, the Housing Authority needs to plan with the expectation that Parcel 1 will be redeveloped under new ownership in the near future.

Given the impending sale of Parcel 1, it may be inadvisable to invest substantial resources into the existing buildings or to enter into new long-term leases. While the Housing Authority Board has the ability to raise the Food Pantry’s rent to market rate, the facility is only expected to be available for this purpose for a comparatively short time. As such, the more relevant question may be whether the City and Housing Authority seek to maintain a relationship with the Food Pantry after the tenancy ends and, if so, what that relationship may look like.

Substantially more work is needed to prepare Parcel 1 for disposition and complete the legally required sale.

Staff are currently working through a number of details and will be returning to the Housing Authority Board to request approval for more specific plans for disposition of the property. This item, however, provides an opportunity for the City Council and Housing Authority Board to identify priorities and provide any policy direction that will help staff craft a plan that meets the City and Housing Authority’s goals.

Next Steps
Staff requests direction from the Housing Authority addressing the disposition of Parcel 1 by proceeding toward sale or another legally permissible disposition, including evaluating whether to combine Parcel 1 with Parcels 2 (1462–1466 S. Main Street) and 3 (1476–1488 S. Main Street) for a larger development opportunity, subject to housing asset requirements.

FISCAL IMPACT:

None
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):

None