Agenda packet — Milpitas City Council, February 20, 2024 (part 2 of 4)

Attachment(s):
(a) FY 2023-24 Revenue Report for Fiscal Year-To-Date December 31, 2023 (b) FY 2023-24 General Fund Expenditures by Department December 31, 2023 (c) FY 2023-24 Water and Sewer Funds Financial Status for Fiscal Year-To-Date December 31, 2023

Page 132 of 382 ends

Page 133 of 382 ends

Page 134 of 382 ends

Page 135 of 382 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Review Fiscal Year 2023-24 Mid-Year Report, Approve FY2023-24 Mid-year Budget Amendments, Adopt a Resolution Amending Resolution No. 1626, the Classification Plan, to Reclassify Positions, Approve and Adopt the Pay Schedule titled “New Job Classifications/Salary Table (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Lauren Lai, Finance Director, 408- 586-3111)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 2/20/2024
Recommendation: (1) Review the FY 2023-24 Mid-Year Report; (2) Approve FY 2023-24 Mid-Year Budget Amendments; and
(3) Adopt a resolution amending Resolution No. 1626, the Classification Plan, to reclassify positions, approve and adopt the pay schedule titled “New Job Classifications/Salary Table”, and amend budgeted allocated positions.

Background:

On June 6, 2023, the City Council approved the Fiscal Year (FY) 2023-24 Adopted Operating Budget in the amount of $231.9 million and the General Fund Budget in the amount of $129.5 million. After adoption of the budget, staff monitors revenues and expenditures for all funds with an emphasis on the General Fund and Enterprise Funds.

Per the California Code of Regulations § 570.5, any CalPERS agency such as the City is required to bring all pay schedules for its CalPERS benefited employees before the governing board for review and approval.

Analysis:

This staff report provides FY2023-24 mid-year budget adjustments and position change recommendations for Council consideration. The final section of this report discusses the recommendation to adopt salary tables for various employee classifications.

General Fund
On June 6, 2023, the City Council approved the Fiscal Year (FY) 2023-24 Adopted Operating General Fund Budget in the amount of $129.5 million. As of December 31, 2023, the City received $38.0 million in revenues and incurred $71.8 million in expenditures. Revenues and expenditures are seasonal with cash flow fluctuations due to timing of revenue receipts and City services rendered. As such, actual percentage of revenues may not match the lapsed time period.

Revenues
For the six months ended December 31, 2023, the General Fund has received $38.0 million. The proposed FY23-24 mid-year adjustments total $0.7 million, resulting in $130.2 million FY23-24 amended revenue budget.

Page 136 of 382 ends

• Sales Tax – Measure F (Increase $300,000): For FY2023-24, the proposed amendment increases revenue by $0.3 million, resulting in estimated Measure F Sales Tax revenue of $7.3 million. That would make FY24 consistent with FY23 actual and current trends. • Licenses, Permits and Fees (Increase $500,000): For FY2023-24, the proposed amendment increases revenue by $0.5 million, resulting in estimated License, Permits & Fees of $9.2 million. The proposed amendment aligns with current trends for Plan Check, which are expecting a slight increase in revenues.
• Charges for Services (Decrease $195,335): For FY2023-24, the proposed amendment increases revenue by $0.5 million, resulting in estimated Charges for Services of $7.9 million. The proposed amendments align with current trends for Recreation and Community Services, as follows:
o Recreation Fees – The proposed increase is $292,000 and FY2023-24 revenue estimate is $2.7 million. Recreation programs participation and service demands are increasing with forecast of sustained growth in spring and summer of 2024.
o After the Bell (ATB) program – ATB programs sites were reduced this year due to MUSD requirements, thus less students are being served by ATB than originally projected. The proposed decrease is $0.5 million and FY2023-24 revenue estimate is $0.7 million. • Intergovernmental (Increase $90,896): For FY2023-24, the proposed amendment increases revenue by $90,869, resulting in estimated Intergovernmental revenue of $0.9 million. This action recognizes revenue for reimbursable overtime and medicare costs related to fire mutual aid provided in response to the wildfire season.

Page 137 of 382 ends

Expenditures
For the six months ended December 31, 2023, the General Fund incurred $71.8 million of expenditures and encumbrances. The proposed FY23-24 mid-year adjustments total $0.4 million, resulting in $130.2 million FY23-24 amended expenditure budget.
• Salaries (Increase $166,698): For FY2023-24, the proposed amendments increase salaries by $0.2 million due to the following:
o Fire Overtime increase of $0.4 million for operational requirements through FY24 o Fire overtime and medicare costs related to fire mutual aid provided in response to wildfire season increase of $90,869.
o Vacancy savings is estimated at $2.9 million (or 3.0% of staffing costs) in the adopted budget.

This proposed amendment allocates the savings amongst the departments accordingly. o Add/delete in the fire department and reclassification in the public works department are summarized in a later section. The fiscal impacts will be absorbed within the FY24 operating budgets for the respective departments.
o Recreation temporary staff costs decrease of $324,171 to balance loss of revenue due to reduction in After the Bell program sites
• Services and Supplies (Increase $226,594): For FY2023-24, the proposed amendment increases services and supplies by $0.2 million due to the following:
o Maintenance supplies amendment of $50,000 to increase funding for striping and asphalt repair related materials for proactive repairs not covered by utility repairs or annual resurfacing projects.
o Contractual services amendment of $245,044 to increase funding for projected Recreation and Community Services contract classes demand.
o Recreation departmental amendment of $68,450 to decrease supply costs to balance loss of revenue as After the Bell program sites were reduced this year.

Other Funds
• Water M & O Fund Expenditure- This proposed amendment recognizes costs of about $43,670 to cover Bay Area Water Supply & Conservation Agency (“BAWSCA”) annual assessment payments. • Capital Improvement Program (CIP) amendments are as follows:

Page 138 of 382 ends

o CIP 3447 Fire Station 2 Replacement - This action defunds CP 3447 in amount of $900,000 and returns $900,000 to General Government CIP Fund. The defund is due to cost of work is less than what it was anticipated.
o CIP 3461 Fire Stations Security -This action defunds CP 3461 in amount of $43,000 and returns $43,000 to General Government CIP Fund. This project has been completed. o CIP 3403 Fire Station Improvement -This action defunds CP 3403 in amount of $400,000 and returns $400,000 to General Government CIP Fund – The defund is due to cost of work is less than what it was anticipated.
o CIP 3445 Public Safety Disaster Plan-This action defunds CP 3445 in amount of $75,000 and returns $75,000 to General Government CIP Fund - The defund is due to cost of work is less than what it was anticipated.
o CIP 3497 Public Safety Computers -This action defunds CP 3497 in amount of $100,000 and returns $100,000 to General Government CIP Fund. The defund is due to purchase of the equipment cost is less than what it was anticipated.
o CIP 3454 Enhanced Striping & Beacon – This action defunds CP 3454 in amount of $225,000 and returns $225,000 to Street Improvement Fund. This project has been completed. o CIP 3458 Enhanced Striping & Beacon – This action defunds CP 3458 in amount of $194,000 and returns $194,000 to Street Improvement Fund. This project has been completed. o CIP 3469 TADIF Nexus Fee and CFD Nexus Study Contract Budget Increase project funding in amount of $180,000 to cover additional work to be performed by Harris & Associates and related staff salary.
o CIP 3406 City Building Improvement – Transfer in $445,000 to CP 3406 to increase project funding and appropriate project expenditures in the same amount for unanticipated and emergency failures with mechanical systems in City facilities. o CIP 3447 Fire Station No. 2 Replacement – Appropriate $2,795 to 2020 Lease Revenue Bonds interest earned to CP 3447 to increase project funding.

Also for Council consideration is the adoption of resolution amending Resolution No. 1626, the Classification Plan, to Reclassify Positions, Approve and Adopt the Pay Schedule titled “New Job Classifications/Salary Table”, and Amend Budgeted Allocated Positions. The resolution entitles salary table approval and classification changes, as summarized below.

Salary Table Approval
As required by State law, staff prepared a resolution which includes the most current salary for your review and approval. The salary table is consistent with Council approved Memoranda of Understandings and salary ranges granted for the International Association of Firefighters Local 1699 employees and is effective January 14, 2024.

Amend Budgeted Allocated Positions

1. Add/Delete Classifications in the Fire Department:

Staff recommends deleting one (1) vacant Fire Prevention Inspector and adding one (1) 40-hour Fire Battalion Chief. On November 13, 2023, the City finalized discussions with International Association of Firefighters (IAFF) Local 1699 regarding this change. This proposed change would address a workload redistribution need that currently exists in the EMS/Training Division, with no impact to the Fire Prevention Division’s ability to maintain the high level of service that the City and community expect.

The new 40-hour Battalion Chief would be responsible for directing development and implementation of department goals, objectives, policies, procedures, and operating guidelines under EMS, Ambulance Services, Training, and Office of Emergency Management (OEM). This position will report directly to the Fire Chief, and would be instrumental in capital projects oversight, strategic planning, and the on-going and expected future demand for EMS and ambulance program management together with expansion of OEM.

Both the City and the Union were in agreement.

2. Reclassify One (1) Classification in the Public Works Department:

Page 139 of 382 ends

Staff recommends reclassifying the Public Works Manager – Utilities to Public Works Division Manager – Utilities and aligning the salary range to match the other three Public Works Division Managers at the City, which is $159,190.99 to $198,988.74 annually.

The primary reasons for this recommendation is span of control and consequence of error. The three Public Works Division Managers have a similar span of control, and each position requires significant experience and education. Additionally, reclassifying this position will help with recruiting efforts, as the position has been difficult to fill. This position is critical to the City’s public health and safety as it oversees the City’s drinking water system and storm/sewer collection systems and manages a team of 22 full-time equivalent (“FTE) staffing.

Policy Alternative:

Alternative 1: Do not approve FY 2023-24 Mid-Year Budget Amendment Recommendations Pros: Not approving certain budget amendment recommendations will result in not aligning the budget with actual trends and make it more difficult to manage the budget and address urgent service demands.

Cons: The recommended budget amendment recommendations include urgent funding recommendations and adjustments to budget estimates, positions and pay schedules.

Reason not recommended: Not approving the FY 2023-24 Mid-Year budget amendment recommendations will result in not funding certain programs, adjust budget estimates to year-to-date revenue proceeds received, and adjust positions and/or pay schedules.

Fiscal Impact:

If Council approves the recommendations, the FY24 budget General Fund revenues will increase by $0.7 million and appropriations by $0.3 million, net encumbrances carryforward of $0.3 million. The FY24 amended General Fund revenues and expenditures are $130.2 million, respectively. General Fund reserves and fund balances will be administered in accordance with City policies.

California Environmental Quality Act:

The action being considered is exempt from environmental review pursuant to CEQA Guideline 15378(b)(4) as a governmental fiscal activity without a commitment to any project that would result in a potentially significant impact on the environment. Further, it is also exempt pursuant to CEQA Guideline 15378(b)(2) as a continuing administrative activity including the purchases of supplies and personnel-related actions, etc.

Recommendation:

1. Review the FY 2023-24 Mid-Year Report

2. Approve FY 2023-24 Mid-Year Budget Amendments

3. Adopt a Resolution Amending Resolution No. 1626, the Classification Plan, to Reclassify Positions, Approve and Adopt the Pay Schedule titled “New Job Classifications/Salary Table”, and Amend Budgeted Allocated Positions
Attachment(s):
(a) FY 2023-24 Mid-Year Budget Adjustment Recommendations (b) Exhibit A – New Job Classifications/Salary Table
(c) Resolution

Page 140 of 382 ends

CITY OF MILPITAS
FY 2023-24 Mid-Year Budget Funding Requests
Operating Budget
Item Department Category Title Request Title Description of Requested Adjustment Expenditure General
Fund
Expenditure Other
Funds
Revenue General
Fund
Revenue Other
Funds
1 Building License and Permits Building Permit Revenue Adjust plan check revenue. 100-3217 Adjust plan check revenue based on projection from 1,900,000 to 2,400,000. 100-3217 500,000 2 Fire Personnel Fire Non-Reimbursable Overtime Balance Fire Overtime At the time of the original FY24 budget submission Fire requested an increase in the overtime budget (100-812-4113) based on need and historical data trends. That request was denied with the understanding that Fire would come back during the midyear budget process if there were going to be budget shortfalls. Due to operational requirements, and as mandated in the IAFF 1699 MOU, there are daily minimum staffing requirements. During FY24 line staff vacancies, upstaffing for attrition, sick leave/family leave usage, workers comp, routine vacation, and staffing of interview panels for weeks of firefighter interviews have impacted Fire Suppression OT.

The average monthly run rate for 812-4113 OT is approximately $165,000. If Fire utilizes $250,000 of the OT budget from 822-4113 Prevention for shortfalls in 812-4113 then the Fire Department still needs an estimated $400,000 to get through FY24. Therefore, Fire is requesting $400,000 in OT to balance the budget under 812-4113 in FY24. 400,000
3 Fire Personnel Reclassification of one Fire Department position The Fire Department is requesting a reclassification of one (1) vacant, funded Fire Prevention Inspector position to a Fire 40-hour Battalion Chief. The purpose of the position would be to direct development and implementation of department goals, objectives, policies, procedures, and operating guidelines under EMS, Ambulance Services, Training, and Office of Emergency Management (OEM). The reclassified position will report directly to the Fire Chief, and would be instrumental in capital projects oversight, strategic planning, and the on-going and expected future demand for EMS and ambulance program management together with expansion of OEM. *Reallocate $57,738 from 100-822-4111 to 100-801-4111 to cover salary of 40 hour BC for the 4 months (March - June) of FY2024. - 4 Public Works Personnel Salary Adjustment for PW Manager - Utilities Salary increase for PW Manager - Utilities for recruitment purposes. This position has been vacant for almost a year. Our HR Team and recruiting firm (WBCP) have been unsuccessful in filling this vacancy.
*Fiscal impact of $21,518 (split between Funds 400 and 450)will be absorbed in Department's FY2024 Operating Budget - 5 Public Works
Supplies and Services
Streets Division Operating Budget for Maintenance Supplies Funding for striping and asphalt repair related materials. The PW Streets Division has only been doing request-based repairs in our pavement and striping operations.

The division does not have any funding to make proactive repairs to pavement that is not covered by utility repairs or Traffic Engineering annual resurfacing projects.

Additional funding will allow the division to make repairs to pavement on a proactive basis and being able to respond to service requests from residents for failed roadways. The division currently only has funding allocated to fill potholes with cold patch which needs to be refilled frequently until the area gets added to Traffic Engineering's resurfacing projects. Additional funding will allow the division to remove and replace filed pavement and various pavement treatments to extend the lift of roadways. Additionally, striping repairs have only been addressed as requests come from residents or through Traffic Engineering. The division has exhausted their supply of materials that were last purchased in 2012. Larger requests have been completed by contractors through CIP 4295. The additional funding request will allow the division to catch up in-house with striping, refreshing legends, and replacing missing raised pavement markings, as needed. 50,000 6 Public Works Supplies and Services Funding Increase for BAWSCA Quarterly Assessments This funding request is to add an additional $43,670 to cover Q3 and Q4 BAWSCA annual assessment payments. 43,670 7 Recreation Charges for Services Recreation and Community Services Contract Classes Increase Function: 170
Object code: 4237 Contract Services
FY 24 budgeted amount: $434,774
Mid-year request: Budget increase of $190,000
Contract Classes have a shown an increase in participation starting in summer 2023 with sustained growth in Spring 2024 and Summer 2024. Staff has projected an increase overall of 40-45% for FY23/24 Contract class revenue is derived from a 65/35% split between contract instructor and the City. The additional 190k needed to meet the projected contract class demand will bring-in approximately $292k in participant fees to the Recreation and Community Services Department. 190,000 292,000 8 Recreation Charges for Services After the Bell Bussing After the Bell (ATB), long standing department program, is partnering with the MUSD to bus students to two ATB satellite sites at the Milpitas Community Center and Sal Cracolice Recreational Facility. Direct costs for the bussing are the responsibility of the City. 100% of those direct costs are being passed on to the customers through program fees. 55,044 55,044
9 Recreation Charges for Services After the Bell Program Staff & Supply Reductions After the Bell (ATB) program sites were reduced this year due to the MUSD requirement to host ELOP programming at all elementary school sites. Thus, less students are being served by ATB than originally projected for FY 23-24. Staff is proposing reductions in staff and supply costs of $392,621.

Revenue reduction for this program area is also proposed at $542,379. (392,621) (542,379) 10 Non-Departmental Personnel
Vacancy Savings Adjustment -
Departments
Vacancy Savings Adjustment - Departments
This action allocates vacancy savings to the appropriate departments:

City Clerk -$71,424
City Council -$132,454
City Manager - $139,240
Economic Development - $161,475
Engineering -$433,314
Finance -$202,101
Information Technology -$669,673
Police -$383,003
Public Works - $437,895
Recreation and Community Services -$309,229 2,939,808
11 Non-Departmental Personnel Vacancy Savings Adjustment Vacancy Savings Adjustment This action allocates vacancy savings to the appropriate departments. (2,939,808) 17 Fire
Intergovernmental Revenue &
Administrative Services
Fire Reimbursements Fire Season
Mutual Aid CalOES Fire - Reimburseable Overtime This action recognizes revenue for CalOES Fire - Reimburseable Overtime and medicare costs related to fire mutual aid. 90,869 90,869 18 Non-Departmental Sales & Use Tax Increase Sales Tax - Measure F This action increases Sales Tax revenue that would make FY24 consistent with FY23 actuals and align with current trends. 300,000 Total 393,292 43,670 695,534

Page 141 of 382 ends

Item # Department Title Description Expenditure Other Funds C1a Capital Improvement Budget
Adjustment
CIP Projects Defund at MidYear
To defund General Govt CIP Fund (330) funding from the project and place back into the fund balance: CIP 3447 Fire Station 2 Replacement Defund To defund General Govt CIP Fund (330) funding from the project and placed back into the fund balance CIP 3447 Fire Station 2 Replacement - $(900,000) (900,000) 900,000 C1b Capital Improvement Budget
Adjustment
CIP Projects Defund at MidYear
To defund General Govt CIP Fund (330) funding from the project and place back into the fund balance: CIP 3461 Fire Stations Security To defund General Govt CIP Fund (330) funding from the project and placed back into the fund balance CIP 3461 Fire Stations Security - $(43,000) (43,000) 43,000 C1c Capital Improvement Budget
Adjustment
CIP Projects Defund at MidYear
To defund General Govt CIP Fund (330) funding from the project and place back into the fund balance: CIP 3403 Fire Station Improvement To defund General Govt CIP Fund (330) funding from the project and placed back into the fund balance CIP 3403 Fire Station Improvement - $(400,000) (400,000) 400,000 C1d Capital Improvement Budget
Adjustment
CIP Projects Defund at MidYear
To defund General Govt CIP Fund (330) funding from the project and place back into the fund balance: CIP 3445 Public Safety Disaster Plan To defund General Govt CIP Fund (330) funding from the project and placed back into the fund balance CIP 3445 Public Safety Disaster Plan - $(75,000) (75,000) 75,000 C1e Capital Improvement Budget
Adjustment
CIP Projects Defund at MidYear
To defund General Govt CIP Fund (330) funding from the project and place back into the fund balance: CIP 3497 Public Safety Computers To defund General Govt CIP Fund (330) funding from the project and placed back into the fund balance CIP 3497 Public Safety Computers - $(100,000) (100,000) 100,000 C1f Capital Improvement Budget
Adjustment
CIP Projects Defund at MidYear
To defund Street Improvement Fund (310) funding from the project and placed back into the fund balance: CIP 3454 Enhanced Striping & Beacon To defund Street Improvement Fund (310) funding from the project and placed back into the fund balance CIP 3454 Enhanced Striping & Beacon - $(225,000) (225,000) 225,000 C1g Capital Improvement Budget
Adjustment
CIP Projects Defund at MidYear
To defund Street Improvement Fund (310) funding from the project and placed back into the fund balance: CIP 3458 Radar Speed Feedback Signage To defund Street Improvement Fund (310) funding from the project and placed back into the fund balance CIP 3458 Radar Speed Feedback Signage - $(194,000) (194,000) 194,000 C2 Capital Improvement Budget
Adjustment Harris & Associates - TADIF Nexus Fee and CFD Nexus Study Contract Budget Increase
We are requesting to add funds to the CIP 3469 TADIF Nexus Fee and CFD Nexus Study (Metro Impact Fee) to cover additional work to be performed by Harris & Associates ($100,000), as well as the wages for Project Manager Kevin Riley's salary ($80,000). 180,000 (180,000) C3 Capital Improvement Budget
Adjustment
Restoration of CIP 3406
This request is to address unanticipated and emergency failures with mechanical systems in City facilities, $445K was used from CIP 3406 to make the necessary repairs. Projects included City Hall & PW/IT/PD HVAC emergency repairs, Engineer Drawings for PW/PD and MSC boiler replacement to meet Building Permit guidelines, AC Replacement at MSC, Sand Filter replacements at MSC and IT office reconfiguration. Transfer in to CIP3406 and appropriate project expenditures in the same amount. 445,000 (445,000) C4 Capital Improvement Budget
Adjustment
Appropriate 2020 Lease Revenue Bonds Interest Earned to CP3447 2,795 (2,795) Capital Budget Adjustments

Page 142 of 382 ends

CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Effective 01/14/2024 Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Accountant 50 2101 500 49.81 3,831.91 99,629.66 50.29 4,023.48 104,610.48 52.80 4,223.84 109,819.84 55.45 4,436.02 115,336.52 58.21 4,657.02 121,082.52 Accounting Technician I 50 6104 513 32.44 2,495.54 64,884.04 32.75 2,620.34 68,128.84 34.39 2,751.36 71,535.36 36.11 2,888.92 75,111.92 37.92 3,033.37 78,867.62 Accounting Technician II 50 6105 514 35.69 2,745.08 71,372.08 36.03 2,882.37 74,941.62 37.83 3,026.49 78,688.74 39.72 3,177.85 82,624.10 41.71 3,336.66 86,753.16 Administrative Analyst I 80 2102 801 42.02 3,361.82 87,407.32 - - - - - - - - - 55.32 4,425.62 115,066.12 Administrative Analyst II 80 2103 802 46.41 3,712.73 96,530.98 - - - - - - - - - 61.09 4,886.81 127,057.06 Administrative Assistant 80 6111 828 40.09 3,207.26 83,388.76 42.10 3,367.62 87,558.12 44.20 3,536.02 91,936.52 46.41 3,712.80 96,532.80 48.73 3,898.43 101,359.18 Adult Crossing Guard 70 8401 725 17.20 1,376.00 35,776.00 - - - - - - - - - 20.52 1,641.60 42,681.60 Adult Crossing Guard Superviso 70 8402 720 19.24 1,539.20 40,019.20 - - - - - - - - - 24.05 1,924.00 50,024.00 Assistant Chief of Police 60 1405 649 104.45 8,356.04 217,257.04 - - - - - - - - - 146.23 11,698.45 304,159.70 Assistant City Attorney 60 1113 645 78.46 6,276.93 163,200.18 - - - - - - - - - 106.21 8,496.84 220,917.84 Assistant City Manager 60 1104 666 98.45 7,876.34 204,784.84 - - - - - - - - - 137.84 11,026.88 286,698.88 Assistant Dir Recr & Comm Svcs 60 1121 659 67.18 5,374.71 139,742.46 - - - - - - - - - 94.06 7,524.59 195,639.34 Assistant Engineer 50 2201 502 53.97 4,151.81 107,947.06 54.49 4,359.39 113,344.14 57.22 4,577.35 119,011.10 60.08 4,806.25 124,962.50 63.08 5,046.59 131,211.34 Assistant Finance Director 60 1109 669 70.85 5,668.21 147,373.46 - - - - - - - - - 99.20 7,935.69 206,327.94 Assistant Fire Marshal 60 2501 632 81.30 6,503.96 169,102.96 - - - - - - - - - 113.82 9,105.56 236,744.56 Assistant Planner 50 2801 503 51.75 3,981.04 103,507.04 52.25 4,180.19 108,684.94 54.86 4,388.45 114,099.70 57.60 4,607.82 119,803.32 60.48 4,838.31 125,796.06 Assistant Pool Manager 70 5609 709 22.16 1,772.80 46,092.80 - - - - - - - - - 27.70 2,216.00 57,616.00 Assistant Water Operator 20 7212 221 42.68 3,201.07 83,227.82 44.82 3,361.13 87,389.38 47.06 3,529.18 91,758.68 49.41 3,705.62 96,346.12 51.88 3,890.93 101,164.18 Assistant Water Operator - 40 20 8611 226 42.93 3,434.48 89,296.48 45.08 3,606.37 93,765.62 47.34 3,786.86 98,458.36 49.71 3,976.96 103,400.96 52.20 4,175.72 108,568.72 Associate Civil Engineer 50 2202 504 62.07 4,774.56 124,138.56 62.67 5,013.32 130,346.32 65.80 5,263.99 136,863.74 69.09 5,527.19 143,706.94 72.54 5,803.57 150,892.82 Associate Planner 50 2802 505 59.51 4,577.47 119,014.22 60.09 4,806.96 124,980.96 63.09 5,047.56 131,236.56 66.24 5,299.28 137,781.28 69.55 5,564.14 144,667.64 Budget Manager 80 1115 839 61.26 4,900.49 127,412.74 - - - - - - - - - 80.63 6,450.48 167,712.48 Building & Housing Director 60 1802 658 85.63 6,850.13 178,103.38 - - - - - - - - - 119.88 9,590.18 249,344.68 Building Inspection Manager 80 3809 848 63.81 5,105.17 132,734.42 - - - - - - - - - 77.57 6,205.42 161,340.92 Building Inspector Apprentice 70 8610 770 28.00 2,240.00 58,240.00 - - - - - - - - - 35.00 2,800.00 72,800.00 Building Official 60 1804 676 75.32 6,025.48 156,662.48 - - - - - - - - - 105.45 8,435.67 219,327.42 Building Permit Technician 50 5801 508 39.52 3,040.05 79,041.30 39.90 3,192.38 83,001.88 41.91 3,352.54 87,166.04 43.99 3,519.54 91,508.04 46.19 3,695.33 96,078.58 Building/NP Inspector 50 3801 507 52.38 4,029.41 104,764.66 52.89 4,230.92 110,003.92 55.53 4,442.42 115,502.92 58.31 4,664.57 121,278.82 61.22 4,897.77 127,342.02 Business Systems Analyst/Dev 80 2119 853 56.02 4,481.54 116,520.04 - - - - - - - - - 73.74 5,899.08 153,376.08 Buyer 80 2106 803 41.64 3,331.34 86,614.84 - - - - - - - - - 54.81 4,385.08 114,012.08 CIP Manager 60 2211 642 65.06 5,205.17 135,334.42 - - - - - - - - - 91.10 7,287.82 189,483.32 Case Manager 50 5612 544 35.41 2,723.90 70,821.40 - - - - - - - - - 42.49 3,399.37 88,383.62 Chief Fire Enforcement Officer 60 1505 656 68.25 5,459.80 141,954.80 - - - - - - - - - 95.55 7,643.72 198,736.72 Chief of Police 60 1402 650 109.67 8,773.58 228,113.08 - - - - - - - - - 153.54 12,283.04 319,359.04 City Attorney 60 1112 644 99.96 7,997.00 207,922.00 - - - - - - - - - 124.95 9,996.27 259,903.02 City Clerk 60 1101 605 65.11 5,208.61 135,423.86 - - - - - - - - - 91.16 7,292.88 189,614.88 City Engineer 60 1201 606 75.95 6,076.04 157,977.04 - - - - - - - - - 106.33 8,506.46 221,167.96 City Manager 60 1102 697 134.13 10,730.77 279,000.02 - - - - - - - - - 134.13 10,730.77 279,000.02 Code Enforcement Officer 50 5804 515 45.80 3,523.20 91,603.20 46.24 3,699.41 96,184.66 48.56 3,885.17 101,014.42 50.99 4,079.42 106,064.92 53.54 4,283.25 111,364.50 Communications Dispatch Superv 40 6409 456 56.46 4,516.98 117,441.48 59.29 4,742.83 123,313.58 62.25 4,979.98 129,479.48 65.36 5,228.99 135,953.74 68.63 5,490.44 142,751.44 Communications Dispatcher 40 6408 455 48.89 3,910.97 101,685.22 51.33 4,106.50 106,769.00 53.90 4,311.81 112,107.06 56.59 4,527.36 117,711.36 59.42 4,753.74 123,597.24 Community Service Officer 50 5807 551 43.82 3,370.92 87,643.92 44.24 3,539.47 92,026.22 46.46 3,716.45 96,627.70 48.78 3,902.26 101,458.76 51.22 4,097.40 106,532.40 Councilmember 60 1107 699 20.87 417.40 10,852.40 - - - - - - - - - 20.87 417.40 10,852.40 Crime Analyst 80 2105 809 50.31 4,024.40 104,634.40 - - - - - - - - - 66.22 5,297.35 137,731.10 Cross Connection Specialist 20 8626 239 44.37 3,549.65 92,290.90 46.71 3,736.47 97,148.22 49.16 3,933.13 102,261.38 51.75 4,140.13 107,643.38 54.48 4,358.04 113,309.04 Customer Services Supervisor 80 2127 847 48.78 3,902.36 101,461.36 - - - - - - - - - 64.20 5,136.36 133,545.36 Deputy City Attorney 60 1114 646 61.30 4,903.84 127,499.84 - - - - - - - - - 84.97 6,797.43 176,733.18 Deputy City Clerk 80 6102 835 47.90 3,832.11 99,634.86 - - - - - - - - - 58.22 4,657.94 121,106.44 Deputy City Manager 60 1119 672 96.49 7,718.81 200,689.06 - - - - - - - - - 135.02 10,801.85 280,848.10 Deputy Director of IT 60 1123 679 77.97 6,237.69 162,179.94 - - - - - - - - - 99.85 7,988.17 207,692.42 Deputy Fire Chief 60 1504 633 102.44 8,195.58 213,085.08 - - - - - - - - - 143.42 11,473.81 298,319.06 Deputy Public Works Director 60 1207 654 75.95 6,076.04 157,977.04 - - - - - - - - - 106.33 8,506.46 221,167.96 Digital Media Specialist 80 2121 840 43.33 3,466.76 90,135.76 - - - - - - - - - 57.04 4,563.31 118,646.06 Dir of Recr & Community Svcs 60 1208 655 83.85 6,708.28 174,415.28 - - - - - - - - - 117.62 9,409.89 244,657.14 Economic Development Coord 80 8623 852 52.86 4,228.77 109,948.02 - - - - - - - - - 65.55 5,243.62 136,334.12 Economic Development Director 60 1206 653 78.76 6,301.09 163,828.34 - - - - - - - - - 110.27 8,821.50 229,359.00 Economic Development Spec 80 8606 850 50.34 4,027.05 104,703.30 - - - - - - - - - 60.76 4,861.06 126,387.56 Electrical/Building Inspector 50 3802 511 55.00 4,230.91 110,003.66 55.53 4,442.42 115,502.92 58.31 4,664.56 121,278.56 61.22 4,897.77 127,342.02 64.28 5,142.67 133,709.42 Emergency Services Coordinator 80 2502 836 55.62 4,449.24 115,680.24 - - - - - - - - - 73.20 5,855.80 152,250.80 Engineering Aide 50 3201 512 42.92 3,301.75 85,845.50 43.34 3,466.85 90,138.10 45.50 3,640.17 94,644.42 47.78 3,822.16 99,376.16 50.17 4,013.27 104,345.02 Engineering Permit Technician 50 2210 540 38.64 2,972.15 77,275.90 39.01 3,120.77 81,140.02 40.96 3,276.79 85,196.54 43.01 3,440.59 89,455.34 45.16 3,612.64 93,928.64 Entry Firefighter/EMT - 40 10 4512 115 50.50 4,040.28 105,047.28 52.52 4,201.89 109,249.14 - - - - - - - - - Entry Firefighter/EMT - 56 10 4510 112 36.07 4,040.28 105,047.28 37.52 4,201.89 109,249.14 - - - - - - - - - Entry Firefighter/Paramedic-40 10 4513 116 56.56 4,525.11 117,652.86 58.83 4,706.14 122,359.64 - - - - - - - - - Entry Firefighter/Paramedic-56 10 4511 113 40.40 4,525.11 117,652.86 42.02 4,706.14 122,359.64 - - - - - - - - - Entry Level Fire Inspector 10 3508 114 44.03 3,522.52 91,585.52 46.23 3,698.65 96,164.90 48.55 3,883.60 100,973.60 50.97 4,077.78 106,022.28 53.03 4,242.70 110,310.20 Envir & Regulatory Comply Spec 80 8624 851 53.72 4,297.94 111,746.44 - - - - - - - - - 70.72 5,657.33 147,090.58 Environmental Inspector 50 2213 553 55.00 4,230.91 110,003.66 55.53 4,442.45 115,503.70 58.31 4,664.58 121,279.08 61.22 4,897.80 127,342.80 64.28 5,142.67 133,709.42 Equip Maint Worker I - 40 20 8612 227 39.04 3,123.39 81,208.14 40.97 3,277.99 85,227.74 43.03 3,442.18 89,496.68 45.19 3,614.99 93,989.74 47.44 3,795.50 98,683.00 Equip Maint Worker II - 40 20 8613 228 42.93 3,434.48 89,296.48 45.08 3,606.37 93,765.62 47.34 3,786.86 98,458.36 49.71 3,976.96 103,400.96 52.20 4,175.72 108,568.72 Equip Maint Worker III - 40 20 8614 229 48.37 3,869.43 100,605.18 50.79 4,063.38 105,647.88 53.34 4,266.95 110,940.70 56.00 4,480.11 116,482.86 58.81 4,704.78 122,324.28 Equipment Maint. Worker I 20 7202 200 38.80 2,910.05 75,661.30 40.74 3,055.56 79,444.56 42.78 3,208.37 83,417.62 44.92 3,368.78 87,588.28 47.16 3,537.21 91,967.46 Equipment Maint. Worker II 20 7203 201 42.68 3,201.07 83,227.82 44.82 3,361.13 87,389.38 47.06 3,529.18 91,758.68 49.41 3,705.62 96,346.12 51.88 3,890.93 101,164.18 Equipment Maint. Worker III 20 7204 202 48.09 3,606.74 93,775.24 50.49 3,787.01 98,462.26 53.02 3,976.39 103,386.14 55.67 4,175.21 108,555.46 58.45 4,383.99 113,983.74 Executive Assistant 80 6117 812 44.09 3,527.48 91,714.48 46.30 3,703.88 96,300.88 48.61 3,889.07 101,115.82 51.04 4,083.51 106,171.26 53.60 4,287.69 111,479.94 FF/Paramedic Trainee - 40 10 4504 107 54.39 4,351.07 113,127.82 54.39 4,351.07 113,127.82 54.39 4,351.07 113,127.82 54.39 4,351.07 113,127.82 54.39 4,351.07 113,127.82 FF/Paramedic Trainee - 56 10 4514 155 38.85 4,351.07 113,127.82 38.85 4,351.07 113,127.82 38.85 4,351.07 113,127.82 38.85 4,351.07 113,127.82 38.85 4,351.07 113,127.82 Finance Director 60 1103 627 86.00 6,879.87 178,876.62 - - - - - - - - - 120.39 9,631.05 250,407.30

Page 143 of 382 ends

CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Effective 01/14/2024 Finance Manager 60 1116 647 60.69 4,855.51 126,243.26 - - - - - - - - - 84.97 6,797.75 176,741.50 Financial Analyst I 80 2125 844 39.24 3,139.00 81,614.00 - - - - - - - - - 51.65 4,131.85 107,428.10 Financial Analyst II 80 2126 845 43.33 3,466.76 90,135.76 - - - - - - - - - 57.04 4,563.31 118,646.06 Fire Battalion Chief 10 2508 153 54.56 6,110.87 158,882.62 - - - - - - - - - 76.39 8,555.22 222,435.72 Fire Battalion Chief - 40 10 2509 154 76.39 6,110.87 158,882.62 - - - - - - - - - 106.94 8,555.22 222,435.72 Fire Captain 10 2504 100 47.75 5,348.06 139,049.56 50.08 5,608.79 145,828.54 52.52 5,882.54 152,946.04 55.09 6,169.96 160,418.96 57.78 6,471.78 168,266.28 Fire Captain - 40 10 2507 108 66.85 5,348.06 139,049.56 70.11 5,608.79 145,828.54 73.53 5,882.54 152,946.04 77.12 6,169.96 160,418.96 80.90 6,471.78 168,266.28 Fire Chief 60 1502 630 112.95 9,035.72 234,928.72 - - - - - - - - - 158.13 12,650.04 328,901.04 Fire Engineer/EMT 10 4501 102 42.11 4,715.93 122,614.18 44.15 4,945.04 128,571.04 46.30 5,185.58 134,825.08 48.55 5,438.15 141,391.90 50.92 5,703.35 148,287.10 Fire Engineer/EMT - 40 10 4515 156 58.95 4,715.93 122,614.18 61.81 4,945.04 128,571.04 64.82 5,185.58 134,825.08 67.98 5,438.15 141,391.90 71.29 5,703.35 148,287.10 Fire Engineer/Paramedic 10 4505 151 47.16 5,281.85 137,328.10 49.45 5,538.45 143,999.70 51.86 5,807.85 151,004.10 54.38 6,090.73 158,358.98 57.03 6,387.75 166,081.50 Fire Prevention Inspector 10 3501 106 67.50 5,400.23 140,405.98 70.79 5,663.55 147,252.30 74.25 5,940.03 154,440.78 77.88 6,230.32 161,988.32 81.69 6,535.14 169,913.64 Fire Protection Engineer 10 3507 110 67.50 5,400.23 140,405.98 70.79 5,663.55 147,252.30 74.25 5,940.03 154,440.78 77.88 6,230.32 161,988.32 81.69 6,535.14 169,913.64 Firefighter/EMT 10 4502 103 39.35 4,407.54 114,596.04 41.26 4,621.15 120,149.90 43.26 4,845.52 125,983.52 45.37 5,081.12 132,109.12 47.57 5,328.39 138,538.14 Firefighter/EMT - 40 10 4516 157 55.09 4,407.54 114,596.04 57.76 4,621.15 120,149.90 60.57 4,845.52 125,983.52 63.51 5,081.12 132,109.12 66.60 5,328.39 138,538.14 Firefighter/EMT Trainee - 40 10 4509 109 48.56 3,884.89 101,007.14 48.56 3,884.89 101,007.14 48.56 3,884.89 101,007.14 48.56 3,884.89 101,007.14 48.56 3,884.89 101,007.14 Firefighter/Paramedic 10 4503 104 44.08 4,936.44 128,347.44 46.21 5,175.68 134,567.68 48.46 5,426.98 141,101.48 50.81 5,690.86 147,962.36 53.28 5,967.80 155,162.80 Fitness Instructor 70 5620 713 35.00 2,800.00 72,800.00 - - - - - - - - - 75.00 6,000.00 156,000.00 Fleet Maint Worker I -40 20 8615 230 37.27 2,981.63 77,522.38 39.14 3,131.07 81,407.82 41.09 3,287.37 85,471.62 43.14 3,451.54 89,740.04 45.31 3,624.57 94,238.82 Fleet Maint Worker II - 40 20 8616 231 40.99 3,279.51 85,267.26 43.05 3,443.67 89,535.42 45.20 3,615.70 94,008.20 47.46 3,796.60 98,711.60 49.83 3,986.34 103,644.84 Fleet Maint Worker III -40 20 8617 232 47.15 3,772.01 98,072.26 49.51 3,960.78 102,980.28 51.98 4,158.37 108,117.62 54.57 4,365.78 113,510.28 57.31 4,585.00 119,210.00 Fleet Maintenance Worker I 20 7207 213 37.27 2,795.30 72,677.80 39.13 2,935.03 76,310.78 41.09 3,081.81 80,127.06 43.14 3,235.84 84,131.84 45.30 3,397.65 88,338.90 Fleet Maintenance Worker II 20 7208 214 41.00 3,074.84 79,945.84 43.05 3,228.54 83,942.04 45.20 3,390.00 88,140.00 47.46 3,559.51 92,547.26 49.83 3,737.41 97,172.66 Fleet Maintenance Worker III 20 7209 215 47.15 3,536.02 91,936.52 49.50 3,712.81 96,533.06 51.98 3,898.42 101,358.92 54.58 4,093.33 106,426.58 57.31 4,298.07 111,749.82 GIS Technician 50 2212 552 53.97 4,151.81 107,947.06 54.49 4,359.39 113,344.14 57.22 4,577.38 119,011.88 60.08 4,806.23 124,961.98 63.08 5,046.61 131,211.86 Hazardous Materials Inspector 10 3502 105 67.50 5,400.23 140,405.98 70.79 5,663.55 147,252.30 74.25 5,940.03 154,440.78 77.88 6,230.32 161,988.32 81.69 6,535.14 169,913.64 Housing Authority Adminr 60 1120 673 63.36 5,068.84 131,789.84 - - - - - - - - - 88.70 7,096.33 184,504.58 Human Resources Analyst I 80 2124 843 42.02 3,361.82 87,407.32 - - - - - - - - - 55.32 4,425.62 115,066.12 Human Resources Analyst II 80 2123 842 46.41 3,712.73 96,530.98 - - - - - - - - - 61.09 4,886.81 127,057.06 Human Resources Assistant 80 2108 846 29.93 2,394.78 62,264.28 31.43 2,514.43 65,375.18 33.00 2,640.15 68,643.90 34.65 2,772.17 72,076.42 36.38 2,910.76 75,679.76 Human Resources Director 60 1105 613 85.51 6,841.16 177,870.16 - - - - - - - - - 119.72 9,577.66 249,019.16 Human Resources Manager 60 1209 677 65.26 5,220.90 135,743.40 - - - - - - - - - 91.37 7,309.25 190,040.50 Human Resources Technician 80 2107 816 36.31 2,904.56 75,518.56 38.13 3,050.42 79,310.92 40.03 3,202.26 83,258.76 42.04 3,363.00 87,438.00 44.13 3,530.71 91,798.46 I T Director 60 2113 624 84.39 6,751.17 175,530.42 - - - - - - - - - 118.15 9,451.62 245,742.12 I T Manager 80 2116 819 63.26 5,061.05 131,587.30 - - - - - - - - - 83.28 6,662.19 173,216.94 I T Technician 50 3101 542 42.94 3,303.34 85,886.84 43.36 3,468.49 90,180.74 45.52 3,641.87 94,688.62 47.80 3,823.97 99,423.22 50.19 4,015.19 104,394.94 Information Technology Analyst 80 2118 831 53.22 4,257.44 110,693.44 - - - - - - - - - 70.05 5,604.04 145,705.04 Junior Engineer 50 2203 519 49.07 3,774.35 98,133.10 49.54 3,963.08 103,040.08 52.02 4,161.23 108,191.98 54.62 4,369.29 113,601.54 57.35 4,587.76 119,281.76 Junior Planner 50 2804 520 44.42 3,417.27 88,849.02 44.85 3,588.15 93,291.90 47.09 3,767.54 97,956.04 49.45 3,955.97 102,855.22 51.92 4,153.72 107,996.72 Legal Assistant 60 1124 689 40.09 3,207.26 83,388.76 42.10 3,367.62 87,558.12 44.20 3,536.02 91,936.52 46.41 3,712.80 96,532.80 48.73 3,898.43 101,359.18 Lifeguard 70 5610 710 17.20 1,376.00 35,776.00 - - - - - - - - - 22.88 1,830.40 47,590.40 Maint Worker III - 40 20 8619 234 40.15 3,211.67 83,503.42 42.16 3,372.50 87,685.00 44.26 3,541.02 92,066.52 46.48 3,718.22 96,673.72 48.80 3,904.09 101,506.34 Maintenance Assistant 20 8625 238 24.48 1,958.40 50,918.40 25.64 2,051.20 53,331.20 26.84 2,147.20 55,827.20 28.11 2,248.80 58,468.80 29.43 2,354.40 61,214.40 Maintenance Custodian I 20 8101 203 28.60 2,144.74 55,763.24 30.03 2,251.98 58,551.48 31.53 2,364.60 61,479.60 33.10 2,482.83 64,553.58 34.76 2,606.97 67,781.22 Maintenance Custodian I - 40 20 8107 222 28.60 2,287.74 59,481.24 30.03 2,402.10 62,454.60 31.53 2,522.22 65,577.72 33.10 2,648.35 68,857.10 34.76 2,780.74 72,299.24 Maintenance Custodian II 20 8102 204 31.46 2,359.27 61,341.02 33.03 2,477.20 64,407.20 34.68 2,601.08 67,628.08 36.41 2,731.06 71,007.56 38.24 2,867.65 74,558.90 Maintenance Custodian II - 40 20 8108 223 31.46 2,516.55 65,430.30 33.03 2,642.32 68,700.32 34.68 2,774.47 72,136.22 36.41 2,913.14 75,741.64 38.24 3,058.86 79,530.36 Maintenance Custodian III 20 8103 205 36.17 2,713.10 70,540.60 37.98 2,848.74 74,067.24 39.88 2,991.18 77,770.68 41.88 3,140.75 81,659.50 43.97 3,297.83 85,743.58 Maintenance Custodian III - 40 20 8618 233 36.18 2,894.16 75,248.16 37.98 3,038.65 79,004.90 39.89 3,191.03 82,966.78 41.88 3,350.28 87,107.28 43.97 3,517.40 91,452.40 Maintenance Worker I 20 8202 206 31.46 2,359.27 61,341.02 33.03 2,477.20 64,407.20 34.68 2,601.08 67,628.08 36.41 2,731.12 71,009.12 38.24 2,867.65 74,558.90 Maintenance Worker I-40 20 8203 207 31.74 2,539.49 66,026.74 33.32 2,665.64 69,306.64 34.99 2,799.51 72,787.26 36.74 2,939.14 76,417.64 38.58 3,086.49 80,248.74 Maintenance Worker II 20 8204 208 34.60 2,595.16 67,474.16 36.33 2,724.90 70,847.40 38.15 2,861.12 74,389.12 40.06 3,004.20 78,109.20 42.06 3,154.42 82,014.92 Maintenance Worker II-40 20 8205 209 34.91 2,792.76 72,611.76 36.66 2,932.40 76,242.40 38.50 3,079.75 80,073.50 40.41 3,232.86 84,054.36 42.43 3,394.64 88,260.64 Maintenance Worker III 20 8206 210 39.79 2,984.39 77,594.14 41.78 3,133.62 81,474.12 43.87 3,290.31 85,548.06 46.06 3,454.83 89,825.58 48.37 3,627.59 94,317.34 Maintenance Worker/Seasonal 70 8207 760 19.88 1,590.40 41,350.40 - - - - - - - - - 24.85 1,988.00 51,688.00 Management Analyst 80 2128 854 55.71 4,457.07 115,883.82 - - - - - - - - - 78.02 6,241.27 162,273.02 Marketing Coordinator 50 5614 548 41.70 3,207.70 83,400.20 42.10 3,368.08 87,570.08 44.21 3,536.47 91,948.22 46.42 3,713.30 96,545.80 48.74 3,898.97 101,373.22 Mayor 60 1118 696 26.09 521.88 13,568.88 - - - - - - - - - 26.09 521.88 13,568.88 Office Assistant I 50 6108 516 28.21 2,170.11 56,422.86 28.48 2,278.60 59,243.60 29.91 2,392.55 62,206.30 31.40 2,512.13 65,315.38 32.97 2,637.75 68,581.50 Office Assistant II 50 6109 517 31.03 2,387.01 62,062.26 31.33 2,506.32 65,164.32 32.90 2,631.71 68,424.46 34.54 2,763.29 71,845.54 36.27 2,901.39 75,436.14 Office Specialist 50 6110 518 35.69 2,745.05 71,371.30 36.03 2,882.34 74,940.84 37.83 3,026.49 78,688.74 39.72 3,177.85 82,624.10 41.71 3,336.66 86,753.16 PW Division Mgr. - Eng. 60 1127 692 76.53 6,122.73 159,190.98 - - - - - - - - - 95.67 7,653.41 198,988.66 PW Division Mgr. - Opr. 60 1126 691 76.53 6,122.73 159,190.98 - - - - - - - - - 95.67 7,653.41 198,988.66 PW Division Mgr. - Utl. 60 1128 693 76.53 6,122.73 159,190.99 - - - - - - - - - 95.67 7,653.41 198,988.74 Patrol Officer 40 4401 404 52.27 4,181.49 108,718.74 54.88 4,390.56 114,154.56 57.63 4,610.06 119,861.56 60.51 4,840.57 125,854.82 63.53 5,082.57 132,146.82 Patrol Officer Trainee 40 4402 458 51.15 4,091.69 106,383.94 53.70 4,296.20 111,701.20 56.39 4,511.06 117,287.56 59.21 4,736.58 123,151.08 62.17 4,973.36 129,307.36 Payroll Specialist 50 5102 546 38.11 2,931.78 76,226.28 38.48 3,078.37 80,037.62 40.40 3,232.28 84,039.28 42.42 3,393.91 88,241.66 44.54 3,563.55 92,652.30 Plan Check Engineer 50 3807 521 63.52 4,886.04 127,037.04 64.12 5,129.83 133,375.58 67.33 5,386.67 140,053.42 70.69 5,655.57 147,044.82 74.28 5,942.06 154,493.56 Plan Checker 50 3803 522 54.16 4,166.40 108,326.40 54.68 4,374.67 113,741.42 57.42 4,593.78 119,438.28 60.28 4,822.79 125,392.54 63.31 5,064.61 131,679.86 Plan Review Manager 60 1210 678 71.14 5,691.25 147,972.50 - - - - - - - - - 92.53 7,402.01 192,452.26 Planning Commissioners 70 1108 698 1.00 20.00 520.00 - - - - - - - - - 1.00 20.00 520.00 Planning Director 60 1803 607 85.63 6,850.13 178,103.38 - - - - - - - - - 119.88 9,590.18 249,344.68 Planning Manager 60 2803 602 65.26 5,220.90 135,743.40 - - - - - - - - - 91.37 7,309.25 190,040.50 Planning Technician 50 2813 554 39.52 3,040.05 79,041.30 39.90 3,192.38 83,001.88 41.91 3,352.54 87,166.04 43.99 3,519.54 91,508.04 46.19 3,695.33 96,078.58 Police Assistant 40 6401 450 49.67 3,973.32 103,306.32 52.15 4,171.94 108,470.44 54.76 4,380.53 113,893.78 57.49 4,599.59 119,589.34 60.37 4,829.57 125,568.82 Police Captain 60 1401 651 99.47 7,957.84 206,903.84 - - - - - - - - - 139.26 11,140.93 289,664.18 Police Clerk I 40 6402 451 35.60 2,848.03 74,048.78 37.38 2,990.45 77,751.70 39.25 3,139.95 81,638.70 41.21 3,296.96 85,720.96 43.27 3,461.74 90,005.24 Police Clerk II 40 6403 452 39.16 3,132.77 81,452.02 41.12 3,289.49 85,526.74 43.17 3,453.95 89,802.70 45.33 3,626.68 94,293.68 47.60 3,807.93 99,006.18 Police Clerk Supervisor 40 6404 454 45.23 3,618.42 94,078.92 47.49 3,799.38 98,783.88 49.87 3,989.30 103,721.80 52.36 4,188.79 108,908.54 54.98 4,398.21 114,353.46 Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual

Page 144 of 382 ends

CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Effective 01/14/2024 Police Evidence Technician 40 8607 459 41.53 3,322.38 86,381.88 43.61 3,488.47 90,700.22 45.79 3,662.92 95,235.92 48.08 3,846.09 99,998.34 50.48 4,038.38 104,997.88 Police Lieutenant 40 2402 400 80.17 6,413.79 166,758.54 84.18 6,734.49 175,096.74 88.39 7,071.24 183,852.24 92.81 7,424.82 193,045.32 97.45 7,796.04 202,697.04 Police Officer 40 4403 403 57.16 4,572.49 118,884.74 60.01 4,801.19 124,830.94 63.02 5,041.23 131,071.98 66.17 5,293.24 137,624.24 69.47 5,557.97 144,507.22 Police Officer Trainee 40 4404 457 55.93 4,474.29 116,331.54 58.73 4,698.06 122,149.56 61.66 4,933.00 128,258.00 64.75 5,179.61 134,669.86 67.98 5,438.59 141,403.34 Police Sergeant 40 4405 401 69.05 5,523.70 143,616.20 72.50 5,799.90 150,797.40 76.12 6,089.88 158,336.88 79.93 6,394.46 166,255.96 83.93 6,714.18 174,568.68 Police Support Services Mgr 60 1404 657 63.29 5,063.37 131,647.62 - - - - - - - - - 88.61 7,089.04 184,315.04 Pool Manager 70 5608 708 23.22 1,857.60 48,297.60 - - - - - - - - - 28.15 2,252.00 58,552.00 Principal Civil Engineer 80 2204 822 66.49 5,318.93 138,292.18 - - - - - - - - - 86.47 6,917.76 179,861.76 Principal Planner 80 2811 823 68.55 5,483.95 142,582.70 - - - - - - - - - 83.02 6,641.91 172,689.66 Program Coordinator 50 5606 523 38.89 2,991.45 77,777.70 - - - - - - - - - 49.22 3,937.64 102,378.64 Public Information Officer 60 1122 674 62.81 5,025.13 130,653.38 - - - - - - - - - 87.94 7,035.20 182,915.20 Public Services Assistant I 50 6601 524 32.44 2,495.54 64,884.04 32.75 2,620.34 68,128.84 34.39 2,751.38 71,535.88 36.11 2,888.94 75,112.44 37.92 3,033.37 78,867.62 Public Services Assistant II 50 6602 525 35.69 2,745.08 71,372.08 36.03 2,882.37 74,941.62 37.83 3,026.48 78,688.48 39.72 3,177.86 82,624.36 41.71 3,336.66 86,753.16 Public Works Director 60 1204 635 88.05 7,043.70 183,136.20 - - - - - - - - - 123.27 9,861.21 256,391.46 Public Works Inspector 50 3202 526 52.38 4,029.41 104,764.66 52.89 4,230.92 110,003.92 55.53 4,442.42 115,502.92 58.31 4,664.57 121,278.82 61.22 4,897.77 127,342.02 Public Works Manager 60 1117 648 58.60 4,688.09 121,890.34 - - - - - - - - - 82.04 6,563.32 170,646.32 Purchasing Agent 80 1106 826 54.89 4,391.06 114,167.56 - - - - - - - - - 70.79 5,663.24 147,244.24 Recreation Administrative Asst 70 5619 712 17.20 1,376.00 35,776.00 - - - - - - - - - 23.96 1,916.80 49,836.80 Recreation Attendant 70 5618 711 17.20 1,376.00 35,776.00 - - - - - - - - - 23.96 1,916.80 49,836.80 Recreation Instructors 70 5607 707 18.82 1,505.60 39,145.60 - - - - - - - - - 37.64 3,011.20 78,291.20 Recreation Leader 70 5617 706 17.20 1,376.00 35,776.00 - - - - - - - - - 23.96 1,916.80 49,836.80 Recreation Services Supervisor 80 2601 827 52.43 4,194.59 109,059.34 - - - - - - - - - 69.01 5,520.64 143,536.64 Recreation Svcs Assistant I 50 8601 527 18.34 1,410.59 36,675.34 18.51 1,481.10 38,508.60 19.44 1,555.20 40,435.20 20.41 1,632.92 42,455.92 21.43 1,714.61 44,579.86 Recreation Svcs Assistant II 50 8602 528 21.77 1,674.82 43,545.32 21.98 1,758.74 45,727.24 23.08 1,846.63 48,012.38 24.24 1,939.01 50,414.26 25.45 2,035.91 52,933.66 Recreation Svcs Assistant III 50 8603 529 25.03 1,925.17 50,054.42 25.27 2,021.38 52,555.88 26.53 2,122.46 55,183.96 27.86 2,228.57 57,942.82 29.25 2,340.04 60,841.04 Recreation Svcs Assistant IV 50 8604 530 29.36 2,258.74 58,727.24 29.65 2,371.66 61,663.16 31.13 2,490.24 64,746.24 32.68 2,614.77 67,984.02 34.32 2,745.49 71,382.74 Retired Annuitant - Extra Help 70 5107 747 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Retired Annuitant - Interim 70 5108 748 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Risk Analyst 80 2130 857 43.33 3,466.76 90,135.76 - - - - - - - - - 57.04 4,563.31 118,646.06 SCADA Technician 20 8627 240 45.23 3,618.35 94,077.10 47.61 3,808.79 99,028.54 50.12 4,009.26 104,240.76 52.75 4,220.27 109,727.02 55.53 4,442.39 115,502.14 Senior Accountant 80 2110 829 48.78 3,902.36 101,461.36 - - - - - - - - - 64.20 5,136.36 133,545.36 Senior Accounting Technician 50 6106 539 39.25 3,019.59 78,509.34 39.63 3,170.60 82,435.60 41.61 3,329.12 86,557.12 43.70 3,495.61 90,885.86 45.88 3,670.35 95,429.10 Senior Administrative Analyst 80 2112 834 53.88 4,310.29 112,067.54 - - - - - - - - - 70.92 5,673.86 147,520.36 Senior Building Inspector 50 3804 531 60.50 4,653.94 121,002.44 61.08 4,886.70 127,054.20 64.14 5,131.00 133,406.00 67.34 5,387.52 140,075.52 70.71 5,656.91 147,079.66 Senior Buyer 80 2129 856 51.78 4,142.10 107,694.60 - - - - - - - - - 63.04 5,042.86 131,114.36 Senior Executive Assistant 80 6123 855 46.41 3,712.73 96,530.98 - - - - - - - - - 61.09 4,886.81 127,057.06 Senior HR Analyst 80 2122 841 50.31 4,024.43 104,635.18 - - - - - - - - - 66.22 5,297.35 137,731.10 Senior Plan Check Engineer 50 3806 534 69.87 5,374.63 139,740.38 70.54 5,643.52 146,731.52 74.07 5,925.44 154,061.44 77.77 6,221.41 161,756.66 81.66 6,532.41 169,842.66 Senior Planner 80 2805 830 62.84 5,027.35 130,711.10 - - - - - - - - - 76.39 6,110.94 158,884.44 Senior Public Works Inspector 50 3203 535 60.50 4,653.97 121,003.22 61.08 4,886.70 127,054.20 64.14 5,131.01 133,406.26 67.34 5,387.52 140,075.52 70.71 5,656.91 147,079.66 Senior Public Works Lead 20 8609 225 53.22 4,257.61 110,697.86 55.88 4,470.49 116,232.74 58.68 4,694.02 122,044.52 61.61 4,928.70 128,146.20 64.69 5,175.28 134,557.28 Senior SCADA Technician 20 8628 241 49.75 3,980.18 103,484.68 52.37 4,189.67 108,931.42 55.13 4,410.18 114,664.68 58.03 4,642.30 120,699.80 61.08 4,886.63 127,052.38 Special Project Associate 70 5105 750 20.00 1,600.00 41,600.00 - - - - - - - - - 50.00 4,000.00 104,000.00 Special Project Associate 70 8605 750 20.00 1,600.00 41,600.00 - - - - - - - - - 50.00 4,000.00 104,000.00 Sr Code Enforcement Officer 50 5806 545 53.75 4,134.64 107,500.64 54.26 4,340.56 112,854.56 56.98 4,558.18 118,512.68 59.83 4,786.42 124,446.92 62.82 5,025.25 130,656.50 Sr. Public Services Assistant 50 5615 549 39.81 3,061.96 79,610.96 40.19 3,215.06 83,591.56 42.20 3,375.81 87,771.06 44.31 3,544.60 92,159.60 46.52 3,721.83 96,767.58 Sr. Special Projects Associate 70 5106 749 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Staff Assistant 70 5104 745 17.20 1,376.00 35,776.00 - - - - - - - - - 26.62 2,129.60 55,369.60 Student Intern 70 5103 740 17.20 1,376.00 35,776.00 - - - - - - - - - 26.62 2,129.60 55,369.60 Transporation & Traffic Mgr 60 1202 675 62.81 5,025.13 130,653.38 - - - - - - - - - 87.94 7,035.20 182,915.20 Water Meter Technician I 20 8104 216 31.46 2,359.17 61,338.42 33.03 2,477.20 64,407.20 34.68 2,601.07 67,627.82 36.41 2,731.06 71,007.56 38.24 2,867.64 74,558.64 Water Meter Technician I -40 20 8620 235 31.46 2,516.64 65,432.64 33.03 2,642.48 68,704.48 34.68 2,774.21 72,129.46 36.41 2,912.82 75,733.32 38.24 3,059.31 79,542.06 Water Meter Technician II 20 8105 217 34.60 2,595.16 67,474.16 36.33 2,724.88 70,846.88 38.15 2,861.11 74,388.86 40.06 3,004.18 78,108.68 42.06 3,154.42 82,014.92 Water Meter Technician II -40 20 8621 236 34.60 2,768.30 71,975.80 36.34 2,906.93 75,580.18 38.14 3,051.44 79,337.44 40.06 3,204.80 83,324.80 42.06 3,365.04 87,491.04 Water Systems Operator 20 7211 219 48.09 3,606.73 93,774.98 50.49 3,786.68 98,453.68 53.02 3,976.38 103,385.88 55.67 4,175.21 108,555.46 58.45 4,383.99 113,983.74 Water Systems Operator - 40 20 8622 237 48.37 3,869.43 100,605.18 50.79 4,063.38 105,647.88 53.34 4,266.95 110,940.70 56.00 4,480.11 116,482.86 58.81 4,704.78 122,324.28 Union Code Union Description
10 IAFF -International Association of Firefighters
20 MEA - Milpitas Employee Association
40 MPOA - Milpitas Police Officers Association
50 Pro-Tech - Milpitas Professional and Technical Group 60 Unrep -Unrepresented
70 Temps - Temporary
80 Mid-Con -UPEC Mid-Mgmt-Confidential Unit
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual

Page 145 of 382 ends

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING RESOLUTION NO. 1626, THE CLASSIFICATION PLAN, TO RECLASSIFY POSITIONS AND APPROVE AND ADOPT THE PAY SCHEDULE TITLED “ALL JOB
CLASSIFICATIONS/SALARY TABLE,” AND AMEND BUDGETED ALLOCATED POSITIONS WHEREAS, the City of Milpitas has a Classification Plan adopted as Resolution No. 1626 on December 17, 1968, which has been amended from time to time, and which is in accordance with the Personnel Rules and Regulations of the City of Milpitas (Resolution No. 792 as amended); and WHEREAS, amendments to the Classification Plan are necessary to account for changes within the organization, transfer of duties, new job responsibilities, and adjustments to salary ranges; WHEREAS, the annual mid-year budget process necessitates changes in position authorizations that result from modifications made to the Classification Plan.
and
WHEREAS, the City is required to publish publicly available approved and adopted pay schedule(s) for all positions within the Classification Plan pursuant to the California Code of Regulations, 2 CCR .

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

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

2. Resolution No. 1626, as amended, is hereby further amended as set forth below.

A. ADD THE FOLLOWING BUDGETED ALLOCATED POSITION:

One (1) 40-hour Fire Battalion Chief
B. DELETE THE FOLLOWING BUDGETED ALLOCATED POSITION:

One (1) Fire Prevention Inspector
C. RECLASSIFY THE FOLLOWING BUDGETED ALLOCATED POSITION AND ADJUST THE SALARY RANGE EFFECTIVE February 20, 2024:

Existing Title Proposed Title Existing Annual Salary
Range:

Proposed Annual
Salary Range:

Public Works Manager
– Utilities
Public Works Division
Manager – Utilities
$126,766.12 -
$177,472.36
$159,190.99 -
$198,988.74

Page 146 of 382 ends

D. APPROVE AND ADOPT THE PAY SCHEDULE “ALL JOB
CLASSIFICATIONS/SALARY TABLE EFFECTIVE January 14, 2024”, which includes updated salary ranges for the following classifications:
a. New salary ranges for classifications summarized in the preceding section of this resolution
b. All classifications represented by the Professional Technical (ProTech) Unit and International Association of Firefighters in accordance with the following Memorandums of Understanding (MOUs):
i. Professional Technical Unit MOU dated July 1, 2023 – June 30, 2025 (Subject to Council approval of ProTech MOU)
ii. International Association of Firefighters MOU dated July 1, 2018 – June 30, 2022, extended by side letter through June 30, 2024
A pay schedule, that includes but is not limited to Classification (Position), Title, Payrate; Hourly, Bi-Weekly, Monthly and Annual Wage, is attached hereto as Exhibit A (“The City of Milpitas All Job Classifications/Salary Table effective 01-14-2024”).

PASSED AND ADOPTED this ______ day of _________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
__________________________ ______________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
____________________________
Michael Mutalipassi, City Attorney

Page 147 of 382 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving a New Memorandum of Understanding Between the City of Milpitas and Milpitas Professional and Technical Group (ProTech) Covering the Period of July 1, 2023 through June 30, 2025 (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 2/20/2024
Recommendation: Adopt a Resolution approving a new Memorandum of Understanding between the City of Milpitas and Milpitas Professional and Technical Group (ProTech) covering the period of July 1, 2023 through June 30, 2025.

BACKGROUND:

The Memorandum of Understanding (MOU) between the City of Milpitas and the Milpitas Professional and Technical Group (ProTech), an affiliate of LIUNA/UPEC, expired on June 30, 2023. Thus, the City needs to enter into new a MOU.

ANALYSIS:

City representatives and representatives from ProTech met and conferred in good faith to negotiate a new Memorandum of Understanding. The City and ProTech began negotiations on April 10, 2023 and met 15 times, which includes one mediation meeting and one fact-finding hearing. A Tentative Agreement has been reached with a new successor Memorandum of Understanding with an effective date of July 1, 2023 and will remain in effect through June 30, 2025. The ProTech Bargaining Group voted in favor of the Tentative Memorandum of Understanding on February 9, 2024. The major items of the agreement are:
1) Two-year contract with wage adjustments of 4% retroactive to July 1, 2023 and 4% effective July 1, 2024 2) New longevity pay for years of service:
a. 10 Years: 1%
b. 15 Years: 2%
c. 20 Years: 3%
The Memorandum of Understanding is included in the City Council’s agenda packet as Exhibit A to the Resolution to approve the MOU. The draft MOU document was available for public review for the 10-day period required by the City of Milpitas Open Government Ordinance starting on February 9, 2024.

POLICY ALTERNATIVE(S):

Alternative 1: Do not adopt the Resolution in the Recommendation Pros: The City would not have to incur additional costs due to wage increases.

Cons: The City would not have current a MOU with this bargaining group representing over 80 City employees who provide essential services to the Milpitas community.

FISCAL IMPACT:

There is sufficient funding in the FY 2023-2024 budget to cover the costs for the proposed wage and benefit increases for this current fiscal year, which is $145,983 on top of what has already been budgeted. The proposed wage and benefit increase for FY 2024-2025 and FY 2025-2026 will be incorporated in the budget adoption process.

The fiscal impact for the proposed increases for ProTech will be approximately $1,500,353 over two fiscal years.

Page 148 of 382 ends

California Environmental Quality Act (CEQA):

Approval of the recommendation is not an activity defined as a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3) and 15378(b)(4) either because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and/or because the action is financial and/or administrative and does not directly impact the environment.

RECOMMENDATION:

Adopt a Resolution approving a new Memorandum of Understanding between the City of Milpitas and Milpitas Professional and Technical Group (ProTech) covering the period of July 1, 2023 through June 30, 2025 Attachment(s):
(a) Resolution Approving ProTech MOU
(b) Exhibit A – Memorandum of Understanding

Page 149 of 382 ends

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADOPTING THE

MEMORANDUM OF UNDERSTANDING WITH THE MILPITAS PROFESSIONAL TECHNICAL UNIT, AN AFFILIATE OF LIUNA/UPEC LOCAL 792, FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2025
WHEREAS, the most recent Memorandum of Understanding (MOU) between the Professional Technical (ProTech) Unit, an affiliate of LIUNA/UPEC Local 792, and the City of Milpitas covered the period of July 1, 2019 through June 30, 2023; and
WHEREAS; representatives of ProTech and UPEC Local 792 and the City of Milpitas met in good faith and negotiated a successor MOU; and
WHEREAS, the new MOU between ProTech and the City of Milpitas shall be effective July 1, 2023, through June 30, 2025, a copy of which is attached as “Exhibit A.” NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

2. The MOU between the Professional Technical Unit and the City of Milpitas, attached hereto as Exhibit A, is hereby approved and the City Representatives are hereby authorized to execute it.

PASSED AND ADOPTED this ______ day of ___________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
___________________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

_________________________________
Michael Mutalipassi, City Attorney

Page 150 of 382 ends

MILPITAS PROFESSIONAL AND

TECHNICAL GROUP (PROTECH)

AN AFFILIATE OF
LIUNA/UPEC LOCAL 792, AFL-CIO

MEMORANDUM
OF

UNDERSTANDING
July 1, 2023 – June 30, 2025

Page 151 of 382 ends

TABLE OF CONTENTS
SECTION 1.00 - EMPLOYEE RIGHTS................................................................................................................1 SECTION 2.00 - CITY RIGHTS.............................................................................................................................3 SECTION 3.00 - ADVANCE NOTICE AND APPEALS PROCEDURE ...........................................................4 SECTION 4.00 - DISCIPLINARY ACTION .........................................................................................................4 SECTION 5.00 - LAYOFF.......................................................................................................................................7 SECTION 6.00 - RESIGNATION...........................................................................................................................7 SECTION 7.00 - OTHER EMPLOYMENT ..........................................................................................................7 SECTION 8.00 – GRIEVANCE PROCEDURE....................................................................................................8 SECTION 9.00 - ANNUAL VACATION LEAVE...............................................................................................12 SECTION 10.00 - SICK LEAVE...........................................................................................................................14 SECTION 11.00 - FAMILY LEAVE ....................................................................................................................15 SECTION 12.00 - COMPASSIONATE LEAVE .................................................................................................16 SECTION 13.00 - MILITARY LEAVE................................................................................................................16 SECTION 14.00 - LEAVE OF ABSENCE ...........................................................................................................16 SECTION 15.00 - JURY LEAVE..........................................................................................................................17 SECTION 16.00 – WORKERS’ COMPENSATION LEAVE............................................................................17 SECTION 17.00 - OVERTIME .............................................................................................................................18 SECTION 18.00 - HOLIDAYS ..............................................................................................................................19 SECTION 19.00 – TRAINING ..............................................................................................................................20 SECTION 20.00 - ATTENDANCE .......................................................................................................................20 SECTION 21.00 - PAY PLAN ...............................................................................................................................22 SECTION 22.00 - RETIREMENT PLAN ............................................................................................................23 SECTION 23.00 - BENEFITS................................................................................................................................26 SECTION 24.00 – TEMPORARY UPGRADE PAY/WORK OUT OF CLASS ..............................................27 SECTION 25.00 - NO DISCRIMINATION .........................................................................................................28 SECTION 26.00 - SALARY...................................................................................................................................28 SECTION 27.00 - BILINGUAL ASSIGNMENT.................................................................................................28 SECTION 28.00 - WORK SCHEDULES .............................................................................................................29 SECTION 29.00 - HEALTH & SAFETY .............................................................................................................29 SECTION 30.00 - MISCELLANEOUS ................................................................................................................30 SECTION 31.00 - EMPLOYEE FITNESS PROGRAM.....................................................................................30 SECTION 32.00 - LATERAL TRANSFERS/PROMOTIONAL OPPORTUNITIES.....................................30 SECTION 33.00 - MILEAGE REIMBURSEMENT...........................................................................................32 SECTION 34.00 - TUITION REIMBURSEMENT.............................................................................................32 SECTION 35.00 – INCENTIVE PAY..................................................................................................................32 SECTION 36.00 – NO STRIKE CLAUSE ...........................................................................................................33 SECTION 37.00 – LIUNA NATIONAL (INDUSTRIAL) PENSION FUND....................................................33 APPENDIX “A” .....................................................................................................................................................36

Page 152 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
1 CITY OF MILPITAS AND MILPITAS PROFESSIONAL AND TECHNICAL GROUP (PROTECH), AN AFFILIATE OF LIUNA/UPEC LOCAL 792, AFL-CIO COMPREHENSIVE

MEMORANDUM OF UNDERSTANDING ON SALARIES, FRINGE BENEFITS, AND

WORKING CONDITIONS
July 1, 2023 – June 30, 2025
The authorized representatives of the City Council of the City of Milpitas, hereafter referred to as the "City" and the authorized representatives of the Milpitas Professional and Technical Group, hereafter referred to as the " Union" do jointly accept and agree to all the terms and conditions of employment set forth in this Comprehensive Memorandum of Understanding (MOU), pursuant to Section 15.13 of the Personnel Rules and Regulations of the City of Milpitas (as amended).

The term of this MOU is from July 1, 2023 through June 30, 2025. This Memorandum of Understanding shall apply to represented permanent and probationary employees hereafter referred to as “employee(s)” unless otherwise specifically indicated, assigned to those classes listed in the salary schedule set forth in Appendix “A” attached hereto. When classes are created which the City determines fall under the representation of the Union, this Understanding shall also apply.

Unless otherwise specifically amended by the terms of this MOU, any term or condition of employment previously known to and approved by the City (and not terminated by the City) remains as previously established.

SECTION 1.00 - EMPLOYEE RIGHTS

1.01 Any employee in the City's competitive service may join, organize or maintain membership in a labor organization if the employee so desires. The City neither encourages nor discourages these activities, nor does membership or non-membership in any labor organization affect the employee's standing or right as a City employee. The right to join, organize or maintain membership in a labor organization is also extended to any association of municipal employees not identified with any labor organization.

The right to join a labor union or any association of municipal employees also includes the right not to join. Any employee desiring to join, remain a member, or become independent of any such organization or association must be free to exercise their right without undue influence, coercion, intimidation or pressure of any kind from any person.

1.02 Maintenance of Membership:

Employees who are dues paying union members at the time of the signing of this contract, or become dues paying members during the term of the contract, shall remain dues paying members for the duration of the contract. Should the contract be expired, there shall be an annual opt-out period during the month of June each year.

1.03 City employees participating in organizational or other labor union activities or similar activities of any employee association are required to conduct such activities on their own time and not during regularly assigned working hours, with the following exceptions:

1.03.1 A steward representing or assisting a fellow employee in the presentation of a grievance may utilize such time as is essential for the presentation of the grievance to

Page 153 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
2 management during working hours; however, solicitation of grievances shall be on the steward and employee's own time.

1.03.2 Officials of any organization representing City employees may meet on City time with the City Manager or other City officials when such meeting times are approved by the City Manager.

1.03.3 Representatives of the Union, having business (other than recruiting of members) with the officers or individual members of the Union may meet and confer with such officers or members during the course of the working day for a reasonable period of time provided that permission is first obtained from the Department Head, and the employee's immediate supervisor, and further provided that the conduct of such business will in no way conflict with the performance of City business.

1.04 Use of work place or premises for organizational activities other than the presentation of a grievance or the conduct of business as provided for above, is permitted only after working hours, with the advance notice to the Department Head or City Manager and shall in no way interfere with the performance of official duties of on-duty personnel. Official bulletin boards may be used only for notice of meetings of any employee organizations and for no other organizational purpose. The City shall, however, provide space upon request at any City facility for a union or employee association furnished, installed and maintained bulletin board for posting of notices and bulletins and a magazine rack for the distribution of union or association literature.

1.05 Time off for Association Meetings/Trainings
The City shall provide annual paid release time for Association officers and members to conduct Association business such as negotiations, conventions, symposia, etc. excluding political activity, upon reasonable written notice to and prior approval by the appropriate department head.

Release time shall not result in overtime by an employee. These events shall include but are not limited to:

Event Personnel Time
Labor Negotiations Training 2 5 days
Health Benefit Meetings 2 4 hours
CalPERS Meetings 2 1 day
Association Conferences 1 5 days
Total 144 hours

1.05.1 In accordance with A.B. 119 (2017), every one (1) month, the City shall remit all sums deducted to the Union. The City will share with ProTech the following information related to newly hired employees: the name, job title, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of all employees within their first pay period and will provide an accumulated total annual amount deducted per employee.

1.05.2 The City will notify the Labor Relations Representative of new hire orientations, so that the Union Representative may attend the orientation.

1.05.3 The City and Union agree to jointly identify current employees who previously worked in a limited-term capacity for more than 2,000 hours in any year prior to their full-time appointment.

Page 154 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
3 The affected employees will be credited for their prior years of service for the purposes of calculating vacation accruals.

SECTION 2.00 - CITY RIGHTS

2.01 The City continues to possess exclusively the rights listed below, plus all other rights to which by law the City is entitled. These rights may not be abridged or modified in any way, except by formal legislative action by the City Council (i.e., resolution or ordinance). The City has the right and may exercise its discretion:

2.02.1 To determine the mission of all constituent departments, commissions and boards.

2.02.2 To set standards of service.

2.02.3 To determine the appropriate levels of City services, except where defined in the MOU;

2.02.4 To take disciplinary action for just cause.

2.02.5 To determine the procedures and standards of selection for employment and the content of job classifications.

2.02.6 To organize and reorganize its departments and affairs, and to otherwise exercise complete control and discretion over its organization.

2.02.7 To relieve its employees from duty because of lack of work or other legitimate reasons.

2.02.8 To employ any appropriate means or method to maintain the efficiency of governmental operations and administration.

2.02.9 To determine the methods, means and personnel by which government operations are to be conducted.

2.02.10 To determine when an emergency exists and to take all necessary action to carry out its mission in emergencies, including recalling and deploying off-duty personnel and requiring that employees work overtime.

2.02.11 To exercise complete control and discretion over its organization and technology.

2.02.12 Except in case of emergency the City shall give written notice (30 days in advance of any contract with third parties which shall result in the lay-off, demotion, or transfer of any employee represented by the union) and shall meet and confer with the union regarding the same upon reasonable written notice.

2.02.13 To direct employees, make assignments and require overtime work.

2.02.14 To transfer or reassign employees, as outlined in the MOU.

2.02.15 To layoff employees by position as result of: elimination of positions through City Council resolution; lack of work; budgetary considerations (including without

Page 155 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
4 limitation lack of funds or revenue downturn); reorganization; or other related reasons.

2.02.16 Any agreement between the City and the Union evidenced by a Memorandum of Understanding pursuant to Government Code Section 3500 et. seq. shall take precedence over any of the above enumerated employee and management rights; and that such a Memorandum of Understanding shall be honored in good faith during the life of this contract.

2.02.17 Any violation of the policies and procedures created by this MOU may be subject to disciplinary action as defined by this MOU.

2.02.18 The parties acknowledge that the City shall have the right to amend its personnel rules and regulations, personnel ordinances and resolutions, and employer-employee relations resolution during the term of the Memorandum of Understanding such rules and policies may be implemented after meeting and consulting, as appropriate, under the Meyers-Milias-Brown Act.

SECTION 3.00 - ADVANCE NOTICE AND APPEALS PROCEDURE
Except in cases of emergency as provided in this section, the City shall give reasonable written notice to each recognized employee organization affected by an ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation including actions taken under City Rights that affect wages, hours and other terms and conditions of employment proposed to be adopted by the City and shall give such recognized employee organizations the opportunity to meet with City representatives.

SECTION 4.00 - DISCIPLINARY ACTION
The City may take disciplinary action against any Employee for just cause. The City recognizes the practice of progressive discipline; however, depending on the severity of the offense, the City may immediately impose more severe discipline.

4.01 Grounds for Discipline: Discipline may be imposed for just cause, including without limitation for the following grounds:

4.01.1 Fraud in securing appointment or falsification concerning records, fellow employees, or work performed.

4.01.2 Failure to perform satisfactorily the duties and responsibilities of an employee's position.

4.01.3 Neglect of duty.

4.01.4 Insubordination.

4.01.5 Reporting for or performing duty under impairment as a result of alcohol and/or drug use.

4.01.6 Dishonesty or misuse of, or misappropriation of City property and funds.

4.01.7 Conviction of any crime involving moral turpitude, or substantially relating to the

Page 156 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
5 function of an employee's position.

4.01.8 Unauthorized absence.

4.01.9 Non-observance of work hours, including tardiness, and abuse of sick leave privileges.

4.01.10 Discourteous or non-cooperative treatment of the public or other employees.

4.01.11 Conduct, either during or outside of duty hours, which is of such a nature that it causes discredit to the employee's department or the City.

4.01.12 Failure to abide by any condition of employment stipulated in the: Municipal Code; Personnel Rules and Regulations; any City or department policies or procedures; or Memoranda of Understanding approved by formal action of the Council.

4.01.13 Knowingly filing or pursuing a false charge.

4.01.14 Threats of violence or acts of violence towards fellow employees or members of the public in the workplace.

4.01.15 Abuse of any City and/or Department policies and procedures.

4.02 Pre disciplinary Procedures

4.02.1 Prior to taking any disciplinary action, as defined in Section 4.02.6, except for Section 4.03.1- Written Reprimand, against a permanent employee, the City shall notify the employee and Union in writing of the following:
(a) The proposed disciplinary action.
(b) The nature of the charges and/or violation of City ordinances, resolutions, written procedures, municipal code, or departmental regulations and policies. (c) The reasons for the proposed action.
(d) The materials upon which the action is based.
(e) The opportunity of the employee to appear before a designated City representative and respond to the charges at a specified place and time. (f) The right of the employee to be represented by an attorney or other representative at any disciplinary conferences or proceedings.

4.02.2 If the City representative determines that he or she cannot be impartial, or upon timely written request by the employee or the Union, the Human Resources Director or designee may hear the employee's response.

4.02.3 Any employee notified pursuant to 4.02.1 above who desires an opportunity to respond may do so by appearing at the appointed place and time. Said response may be oral or in writing. The employee is not entitled to an evidentiary hearing, and the sole purpose of the meeting shall be to hear the response of the employee to the

Page 157 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
6 charges. The employee shall be entitled to representation, but shall not be entitled to present witnesses, unless the City determines that the presentation of witnesses is necessary.

4.02.4 In the event that the employee is unable to respond to the charges within the time permitted, and demonstrates the reasonableness of a continuance, the City may grant a continuance.

4.02.5 As soon as practical after the employee has had an opportunity to present a response, the City will notify the employee and the Union in writing of the nature and extent of the discipline, if any, and the time of commencement thereof. Said notification will also advise the employee of any right of appeal.

4.02.6 For the purposes of the application of the procedures outlined in sections 4.02.1 through 4.02.5, a disciplinary action shall be defined as a suspension from work, or an equivalent reduction in salary, demotion or discharge.

4.03 Disciplinary Action

4.03.1 Written Reprimand: Repeated violations or more severe misbehavior may require a more formal response by the supervisor to the employee. In this case the employee is provided with a written memorandum which outlines the violations being addressed and the expected actions to be taken by the employee in response to the memorandum. The written reprimand contains an indication of subsequent disciplinary steps to be taken in the event that the employee fails to respond appropriately. A copy of the written reprimand shall be placed in the employee's official personnel record.

4.03.2 The Human Resources Director shall remove a letter of reprimand from a personnel file based upon a written request submitted by the employee provided there has been no additional disciplinary actions during the subsequent thirty-six (36) months.

4.03.3 Suspension: In the event of more severe or repeated violations, the employee may be relieved of duty by the City for a specified period of time without pay. Such suspension shall not exceed thirty (30) calendar days and shall be subject to the procedures outlined in sections 4.02.

4.03.4 Reduction in Salary Range: In the event of more severe or repeated violations, the employee's salary may be reduced by the City within the range for the position held.

Such reduction in salary shall be subject to the procedure outlined in Section 4.02 Reduction shall be made on a permanent or temporary basis.

4.03.5 Involuntary Demotion: In the event of more severe or repeated violations, the employee may be reduced in rank and pay by the City. Such demotion shall be in conformance with Section 4.02. Demotions shall be made on a permanent or temporary basis.

4.03.6 Termination of Employment: The City may terminate the employment of an employee for more severe or repeated violations of the City or Department rules,

Page 158 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
7 regulations, policies or procedures. Such termination shall be in conformance with Section 4.02.

4.04 Appeal of Discipline: An employee subject to disciplinary action as defined in section 4.02.6 may appeal the discipline pursuant to the grievance and arbitration process outlined in Section 8.00 of this MOU.

SECTION 5.00 - LAYOFF

5.01 Any layoff shall be according to seniority and the procedures defined in Municipal Code Section VI-102.

5.01.1 The City Manager, after review with the Department Head and the Human Resources Director, may lay off an Employee because of material change in duties, organization, or shortage of work or funds in the department or the City.

5.01.2 The Human Resources Director shall notify the affected Employee(s) in writing at least thirty (30) days in advance of the intended layoff and of their option to accept a voluntary demotion in lieu of layoff.

5.01.3 Employees laid-off or accepting demotions in lieu of layoff shall be placed on a Re-Employment List in inverse order of displacement for an appropriate Class for three (3) years.

SECTION 6.00 - RESIGNATION
An Employee wishing to resign in good standing shall file with the Department Head a written resignation at least two calendar weeks before the effective date of termination, stating the reasons for leaving. The resignation shall be forwarded to the Human Resources Director. Failure to comply with this requirement shall be entered in the service record of the Employee and may be cause for denying future employment with the City.

SECTION 7.00 - OTHER EMPLOYMENT

7.01 Employees may engage in other employment or business activity that does not conflict with the Employee's duties.

7.02 An employee's outside employment, activity or enterprise may be prohibited if it:

7.02.1 Involves the use for private gain or advantage of City time, facilities, equipment and supplies; or the badge, uniform, prestige or influence of the City office or employment.

7.02.2 Involves receipt or acceptance by the Employee of any money or other consideration from anyone other than the City for the performance of an act which the Employee, if not performing such act, would be required or expected to render in the regular course of hours of City employment or as a part of regular duties.

7.02.3 Involves the performance of an act, which may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other Employee of the City, or has the potential for creating a conflict of interest.

Page 159 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
8 7.02.4 Involves such time demands as would reduce the Employee's efficiency or safe operation of equipment, such as sleep deprivation or physical exhaustion prior to start of employees shift. In no case shall the employee conduct non city business during City work hours.

7.03 Employees must obtain approval from their Department Head and the Human Resources Director of other employment or business activities in writing prior to engaging in such activities.

Disapproval of other employment may be appealed to the City Manager whose decision shall be final. Other employment notices shall be kept in the Employee's personnel file and maintained according to Personnel Rules Section 11.00.

7.04 Employees who engage in outside employment that is in conflict with their duties or who intentionally fail to submit a timely notice to engage in outside employment shall be subject to disciplinary action.

SECTION 8.00 – GRIEVANCE PROCEDURE

8.01. Definition

8.01.1 For the purposes of this section a “grievance” is any dispute which involves the interpretation or application of this Memorandum of Understanding (hereinafter “MOU”), or appeal of a formal disciplinary action. For the purposes of arbitration, a disciplinary action shall be defined in Section 4.02.6 of this MOU. Complaints or disputes in which a specific review is provided by law (i.e. OSHA, EEOC, DFEH) or by the City’s personnel rules, or reserved as city rights (except as provided in Personnel Rule Sections 15.05, 15.07) shall not be subject to the grievance procedure. If any party initiates litigation concerning a matter which is otherwise subject to the grievance process, the other party may (at their discretion) deem the litigating party as having elected court remedies and waived any rights under this grievance procedure. Performance appraisal reviews are not grievable.

8.01.2 A “grievant” is any Employee adversely affected by an alleged violation of the specific provisions of the MOU or a formal disciplinary action, or the Professional and Technical Group on behalf of more than one employee, adversely affected by an alleged violation of the specific provisions of the Memorandum of Understanding.

8.01.3 A “working day” is any day in which City Hall is open for business.

8.01.4 “Employee organization” is the Professional and Technical Group.

8.02 General Provisions

8.02.1 Every effort will be made by the parties to settle grievances at the lowest possible level.

8.02.2 Until final disposition of a grievance, the grievant shall comply with the directions of the grievant’s immediate supervisor.

Page 160 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
9 8.02.3 Documents dealing with the processing of a disciplinary grievance shall be filed in the personnel file of the grievant.

8.02.4 No party to a grievance shall take any reprisals against the other party to the grievance because the party participated in an orderly manner in the grievance procedure.

8.02.5 Failure of the grievant to adhere to the time deadlines shall mean that the grievance is withdrawn. The grievant and the City may extend any time deadline by written mutual agreement. Furthermore, if there is a mutual written agreement, the grievant may skip a step in the grievance process. The employee concerned shall be personally present at all stages of the grievance procedure unless that employee specifically waives the right in writing.

8.02.6 Every effort will be made to schedule meetings for the processing of grievances at times which will not interfere with the regular working day of the participants. If any grievance meeting or hearing must be scheduled during duty hours, any employee required by either party to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of pay for a reasonable amount of time. Overtime is not provided for off-duty time except for witnesses requested to testify by the City.

8.02.7 Either the City or the grievant may be represented at any step of the procedure by an individual of the party’s choice.

8.02.8 Any employee may at any time present grievances to the City and have such grievances adjusted without the intervention of the Association, as long as the adjustment is reached prior to arbitration and is not inconsistent with the terms of this MOU or the Personnel Rules.

8.02.9 The City and the employee organization may agree to consolidate grievances at any level.

8.03 Procedure

8.03.1 Employees must initiate a written grievance within twenty (20) working days following the occurrence, or knowledge of the events on which the grievance is based. Failure to do so will result in the employee being barred from advancing the grievance. A grievance, or a copy of the grievance, should be provided to the grievant’s supervisor, Department Head, and the Director of Human Resources.

8.03.2 Elements of a Grievance
The written grievance shall include:
(a) A description of the specific facts and grounds upon which the grievance is based including names, dates, and places necessary for a complete understanding of the grievance.
(b) A specific explanation of how the grievant has been adversely affected. (c) Listing of the provisions of the MOU which are alleged to have been violated.

Page 161 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
10 (d) A listing of specific actions requested by the grievant of the City which will remedy the grievance, including a specific dollar amount, and the basis for the dollar amount, of any alleged damages at issue, provided the employee has access to relevant financial data.
(d) A statement declaring self-representation or the selection of representation by the Association for said grievance.
(e) The printed name and signature of the grievant.
(f) The name, address and telephone number of the person(s) to whom notices may be sent regarding the grievance; and
(g) Date of grievance.

Grievances that fail to include these elements may not be considered or appealed unless the City waives this section.

8.03.3 Informal Resolution
It is the intent to deal with and settle grievances informally, at the nearest practical organizational level, and as promptly and fairly as possible. An employee who has a grievance shall first try to settle it through discussions with the employee’s immediate supervisor. The immediate supervisor shall respond within thirty (30) working days which may be extended ten (10) working days with notice to the grievant and/or the parties may by mutual agreement extend the time which is necessary to resolve the grievance. Any decisions rendered shall be consistent with the authority to do so. If the employee is not satisfied with the outcome of the informal resolution the employee may advance the grievance to Level I.

8.03.4 Level I – Department Head
If the employee is not in agreement with the informal decision rendered, he/she shall have the right to file a formal written appeal to the Department Head (with a copy to the Human Resources Director) within fifteen (15) working days after the date a decision has been rendered. The appeal shall include a copy of the written response(s) provided by the City during the informal step of this grievance procedure.

The appeal shall contain an explanation why the grievant believes the decision at the informal grievance step was unsatisfactory. The Department Head shall consider the grievance and submit a written response within fifteen (15) working days.

8.03.5 Level II – Human Resources Director
If the employee is not in agreement with the decision rendered by the Department Head, he/she shall have the right to file a formal written appeal to the Human Resources Director within ten (10) working days after the date a decision has been rendered at Level I. This appeal shall include a copy of the written grievance, the grievant’s appeal to Level I, and any written response(s) provided by the City during the prior steps of the grievance process. The appeal shall contain an explanation why the grievant believes the decision at Level I was unsatisfactory. The Human Resources Director shall consider the grievance and submit a written response within fifteen (15) working days.

8.03.6 Level III – City Manager

Page 162 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
11 If the employee is not in agreement with the decision rendered by the Human Resources Director, he/she shall have the right to file a formal written appeal to the City Manager within ten (10) working days after the date a decision has been rendered at Level II. This appeal shall include a copy of the written grievance, the grievant’s appeal to Level II, and any written response(s) provided by the City during the prior steps of the grievance process. The appeal shall contain an explanation why the grievant believes the decision at Level II was unsatisfactory. The City Manager shall consider the grievance and submit a written response within fifteen (15) working days. Unless the grievance is subject to arbitration (as defined herein), the City Manager’s decision is final.

8.03.7 Level IV– Arbitration
(a) If the matter is subject to arbitration as defined herein, and the grievant is not satisfied with the decision of the City Manager, the grievant may within fifteen (15) working days of the date of the decision submit a request in writing to the Human Resources Director that the grievance be submitted to arbitration. The grievant and the City shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request that the State Conciliation Service supply a panel of five (5) names of persons experienced in hearing grievances involving public employees. Each party shall alternately strike a name until only one (1) name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot.
(b) If either the City or the grievant so requests, an arbitrator shall hear the merits of any issue raised regarding arbitrability of a grievance first. No hearing on the merits of the grievance will be conducted until the issue of arbitrability has been decided. If the issue of arbitrability is heard by an arbitrator and the arbitrator decides the underlying dispute is arbitrable, a different arbitrator shall hear the merits of the underlying grievance, if the City or the union so requests. (c) The arbitrator shall, as soon as possible, hear evidence and render a decision on the issues or issues. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. A certified court reporter shall record the entire arbitration hearing unless the parties mutually agree otherwise. (d) The jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provision or provisions of the MOU. The arbitrator shall be without power or authority to make any decision that requires the City to do an act prohibited by law.
(e) Arbitrators shall have no authority to award back pay or other monetary relief extending more than forty (40) days prior to submission of the initial written grievance except in cases of grievance claims for incorrect pay. (f) After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit written findings and a decision, which is final and binding on all parties.

Page 163 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
12 (g) The fees and expenses of the arbitrator and the certified court reporter shall be shared equally by the City and the grievant, or employee organization, if the employee organization represents the grievant at the arbitration. Financial responsibility shall be confirmed prior to selection of an arbitrator. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. A party requesting a transcript shall bear the cost thereof; or if each party receives a copy the cost will be shared equally.
(h) This grievance procedure is the exclusive remedy to resolve disputes as described herein.

SECTION 9.00 - ANNUAL VACATION LEAVE

9.01 All employees shall be entitled to paid annual vacation leave beginning at the end of the first six months of service with the City unless expressly authorized. However, vacation credits shall be accrued beginning with the date of initial appointment. Vacation is earned on an hourly basis. A day is defined as eight (8) work hours.

9.01.1 During the first through fourth years of service, vacation shall be computed at the rate of 11 working days per year.

9.01.2 From the fifth year of employment through the ninth year of employment, all covered employees shall accrue 16 prorated days of vacation leave for each year of service.

9.01.3 From the tenth year of employment through the fourteenth year of employment, all covered employees shall accrue 21 prorated days of vacation leave credit for each year of service.

9.01.4 From the fifteenth year of employment through the nineteenth year of employment, all covered employees shall accrue 26 prorated days of vacation leave credit for each year of service.

9.01.5 From the twentieth year of employment, all covered employees shall accrue 31 prorated days of vacation leave credit for each year of service.

9.02 Employees who work less than full time shall earn vacation credits on a pro-rated basis.

9.03 Each employee shall be required to have served the equivalent of one year of continuous service in the City in order to be eligible for the employee's full annual vacation leave, provided however, that after six months of continuous service the employee may be permitted to take vacation leave not to exceed forty (40) work hours.

9.04 The times during a calendar year at which an employee may take vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the municipal service. If the requirements of the municipal service are such that an employee must defer part or all of his/her annual vacation in a particular calendar year, the appointing power shall permit the employee to take such deferred vacation during the following calendar year or allow the employee to cash out said vacation at his/her option, to the extent of the deferred portion.

Page 164 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
13 9.05 No employee may accumulate and carry-over a vacation balance in excess of 300 work-hours, without the express approval of the City Manager or designee. On the first full pay period including June 1st, any hours above 300 will be cashed out in Pay Period 12. No employee shall be allowed to be on paid leave for a period of over three-hundred and twenty (320) consecutive work hours.

9.06 In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave.

9.07 Upon separation from the service for any reason, an employee shall be compensated for all accrued vacation leave.

9.08 On or about December 1 of each year, each Department Head may circulate a vacation roster for the forthcoming calendar year. Employees are then encouraged to indicate vacation choices. On or about January 1 of each calendar year, the Department Head shall notify employees of the approved vacation calendar for the year. Approval shall be granted after the supervisor and Department Head give consideration to the employee's wishes and the needs of the City.

Employees may change vacation dates with the approval of the Department Head. In the event the needs of the City necessitate canceling of vacation scheduled for a minimum of 90 days in advance, which results in a financial loss to an employee, the City shall reimburse the employee the full amount of loss provided the employee demonstrates the impossibility of obtaining a refund and can document the amount of loss.

9.09 An employee may elect to cash out vacation leave accruals as either (1) a Future Vacation Leave Accrual Cash-out or (2) an Emergency Vacation Leave Cash-out, in accordance with the provisions below:
a) An employee whose annual vacation leave accrual is 120 hours or less, may elect to cash out a maximum of a maximum of forty (40) hours of accrued vacation per calendar year. b) An employee whose annual vacation balance exceeds one hundred and twenty (120) hours, may elect to cash out a maximum of eighty (80) hours per calendar year c) An employee who cashes out the maximum vacation accruals under the Future Vacation Leave Accrual provisions shall not be eligible for Emergency Vacation Leave cash-out in the same calendar year.

9.09.1 Future Vacation Leave Accrual Cash Out Eligibility a) The employee uses at least one full workday of paid vacation leave in the calendar year the election request is submitted
b) Between November 1st of each year through the end of the first full pay period in December, an employee wishing to cash out future vacation accruals in accordance with the provision above, may make a request by completing and submitting an Irrevocable Vacation Cash Out request form to the Director of Human Resources. Forms that are received after the first full pay period of December shall be ineligible for receiving the cash out the following calendar year.
c) Once the election is made, it is irrevocable, meaning the employees must cash out the elected number of accrued vacation hours during that calendar year. If the employee does not select a date to receive the cash out, the employee will be paid with the paycheck coinciding with the last pay period of the calendar year. d) The employee will select either pay period 7, pay period 13, pay period 19 or pay period 24 to receive the cash-out; however, in no circumstances can an employee receive

Page 165 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
14 payment for future vacation accrual cash-out until the employee has actually accrued that number of vacation hours. For example, an employee earning 5 hours of vacation per pay period, who wishes to cash out 40 hours of vacation accruals, may receive their cashout accrual any time after eight pay periods have passed. e) As a condition of applying for cash-out, an employee must consent to future payroll deductions (in accordance with Section 9.09.4 below) for necessary withholdings of required taxes.
f) All cash-outs of future vacation accruals will be included in an employee’s regular paycheck.

9.09.2 Emergency Vacation Accrual Cash-out
(a) An employee may request to cash-out vacation due to an unanticipated emergency that is caused by an event beyond the control of the employee and when the employee can demonstrate that it would result in severe financial hardship to the employee if early withdrawal were not permitted. Severe financial hardship to the employee includes:
i. Losses resulting from a sudden and unexpected illness or accident of the employee or of a qualified family member.
ii. Losses of the employee's property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant.
iii. Losses that can be resolved through reimbursement or compensation by insurance or otherwise, liquidation of the participant's assets, to the extent the liquidation of such assets would not itself cause severe financial hardship, or by cessation of voluntary deferrals to a 457 plan shall disqualify an employee from being eligible to receive Emergency Vacation Accrual Cash-out. iv. Or any other reason as allowable per the IRS.
(b) Emergency Vacation Accrual Cash-out shall be limited to the amount of leave necessary to address the nature of the emergency and shall not exceed the maximums identified if section

9.09 (a) through (c).

9.09.3 Vacation leave may not be carried-over to cash-out in subsequent years, except upon separation from City service.

9.09.4 The Union understands and agrees that employees have a responsibility to pay their taxes in accordance with IRS regulations. Therefore, any adjustments for prior taxes shall be deducted from an employee’s paycheck. The City shall provide the employee a fourteen (14) calendar day notice before taking any payroll deductions for this purpose. For amounts greater than $100, the employee may request the deductions be taken over a period of sequential pay periods, not to exceed eight (8) pay periods.

SECTION 10.00 - SICK LEAVE

10.01 Employees shall be granted paid sick leave credits beginning with date of original employment at the prorated rate of 12 days for each year of service. Employees become eligible to take accrued sick leave upon completion of one full month of continuous service. Employees may use CTO in lieu of sick leave. Sick leave shall not be considered as a privilege, which an employee may use at the employee's discretion, but shall be allowed only in case of necessity and actual sickness or disability. Medical or dental appointments may be charged against sick leave, but shall be limited to a maximum of four (4) hours per appointment and should be scheduled and approved in

Page 166 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
15 advance. Approval of sick leave for appointments in excess of four (4) hours are subject to the discretion of the Division Head. The City Manager shall direct and enforce such administrative control as may be necessary to prevent abuse of sick leave privilege.

10.02 Employees who work less than full-time shall earn sick leave on a pro-rated basis.

10.03 For employees hired on or before July 17, 1999, the City agrees to pay an employee who is separating from the City in good standing with at least five (5) years of service an amount equal to 2-1/2% per year of service for unused accrued sick leave. The pay-out formula shall be: 2.5% x years of service x highest hourly rate x sick leave hours accrued. Good standing shall be based on the employee's overall work record and the decision of the Human Resources Director. (See Sections 22.04 and 22.04.1.)

10.03.1 . Sick leave cash out for existing employee’s “IRS Constructive Receipt”: Employees hired on or before July 17, 1999, with five or more years of service wishing to cash out future sick leave accruals may make a request by completing and submitting an Irrevocable Sick Leave Cash Out request form to the Director of Human Resources.

Forms will be accepted between November 1st of each year through the end of the first full pay period in December. Payout shall be in accordance with appropriate pay out formulas described in Section 10.03. However, the maximum annual amount shall not exceed 50% of employee’s sick leave balance. Employees eligible for this benefit shall at all times maintain a sick leave balance of at least 240 hours.

10.04 The City agrees to provide PERS Credit for Unused Sick Leave provision (20965). See MOU Section 22.04.1.

SECTION 11.00 - FAMILY LEAVE

11.01 Employees having available sick leave to their credit may draw upon such sick leave for family medical purposes when a member in the employee's immediate family is involved.

11.01.1 As defined for the purpose of this section, family medical purposes shall be construed to mean illness, accident, medical appointments or other related occurrences.

11.01.2 Spouse shall include registered domestic partner.

11.01.3 Immediate family is defined to include: spouse, parent, child, sibling, grandparent, grandchild, domestic partner, and foster children (including step, adoptive, or in-law relatives).

11.01.4 Each employee shall be allowed to use a maximum of eighty (80) hours of accrued sick leave per calendar year for this purpose. Additional leave may be granted in unusual circumstances by the Human Resources Director.

11.01.5 In addition, each employee shall be allowed to use fourteen (14) days of accrued sick leave for birth or adoption of a child.

Page 167 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
16 SECTION 12.00 - COMPASSIONATE LEAVE

12.01 The City agrees to provide compassionate leave due to the death of a member of the employee’s immediate family not to exceed one week (40 hours). Compassionate leave shall be used within 1 year from the date of the death unless otherwise authorized by the City Manager. An employee shall not be eligible to take compassionate leave during their last 40 hours of employment nor after they have submitted their resignation or notice of retirement.

12.02 Immediate family is defined to include: spouse, parent, child, sibling, grandparent, grandchild, domestic partner, and foster children (including step, adoptive, or in-law relatives).

12.03 Salary paid during this leave is not deducted from any leave balance. Additional leave may be granted in special circumstances by the City Manager or designee.

12.04 In special circumstances, the City Manager or designee may allow an employee to utilize compassionate leave for individuals who are not members of the employee’s immediate family.

SECTION 13.00 - MILITARY LEAVE

13.01 Military leave shall be granted, in accordance with the provisions of State and Federal Law.

Employees entitled to military leave shall give the City an opportunity within the limits of military regulations to determine when such leave shall be taken.

SECTION 14.00 - LEAVE OF ABSENCE

14.01 The Human Resources Director may grant a Permanent Employee a leave of absence one time per calendar year without pay not to exceed one year. Leave shall be considered upon written request of the Employee.

14.01.1 Human Resources Director shall consider the recommendation of the Department Head, departmental workload, the best interests of the City, the Employee's duration of employment, the Employee's performance record, and the reason for the leave.

14.01.2 Any Permanent Employee with a non-work-related injury or medical condition who has exhausted all sick leave may request a leave of absence with a doctor's certificate.

At the City's discretion and expense, the City at any time may require a medical exam at a facility selected by the City.

14.01.3 On leave without pay status, Employee shall not earn any employment benefits (including, but not limited to, such benefits as vacation leave, medical benefits, sick leave, retirement benefits, credit for time employed or seniority entitlements of any kind) for the period of such status. It is the intent of this subsection that one on leave without pay status is deemed unemployed for the period of such status in terms of earning benefits.

14.01.4 The City Manager may authorize continuation of the employee's elected medical and/or dental coverage for all or part of the duration of leave without pay. This shall be done only in extraordinary circumstances and when it is deemed to be in the best interest of the City.

Page 168 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
17 14.02 A Department Head shall have the authority to approve an unpaid leave not to exceed 160 work hours per fiscal year.

14.03 Nothing herein shall preclude an employee from waiving in writing the right to reinstatement as a condition to approval for a leave of absence. Any employee who waives the right may be reinstated in accordance with the City's Personnel Rules & Regulations as if they had been subject to a reduction in force, except that they shall be placed at the bottom of a reemployment list for any position for which they qualify.

SECTION 15.00 - JURY LEAVE

15.01 When called to serve on a jury, an employee shall be given leave with pay to do so subject to these conditions:

15.01.1 The employee shall notify the Department Head immediately upon receipt of the notice to serve; and

15.01.2 Any payment received by the employee while on jury leave for serving on the jury shall be remitted to the City, except for mileage allowance and out-of-pocket expenses.

SECTION 16.00 – WORKERS’ COMPENSATION LEAVE

16.01 Employees unable to work because of a work-related illness or injury are eligible for workers’ compensation leave, provided that the Employee has notified superiors of the illness or injury and the claim has not been denied by the Human Resources Director or workers’ compensation insurance administrator authorized by the City.

16.02 For all Employees, workers’ compensation leave per incident, shall be paid up to a maximum of 320 hours according to the following table:

HOURS SALARY RATE
First 80 @ 100%
Next 240 @ 80%
This leave shall cover all time off from work related to the injury, including doctor's appointments and therapy treatments, provided that said hours do not exceed available workers' compensation leave. Following a maximum of 320 hours of workers' compensation leave, the City shall discontinue direct workers' compensation payments to the employee. This benefit shall be prorated based on the budgeted position. An employee may apply separately for long-term disability insurance, which becomes effective after 320 hours of workers' compensation.

Any employee sustaining such injury or disability may be entitled to compensation to the extent provided by the State Workers' Compensation Insurance Act. An employee who is on an approved Workers’ Compensation leave, may utilize their leave accruals to integrate pay so as to receive one hundred percent (100%) of their pay for the time they would have been normally scheduled to work. An employee who has exhausted eligible workers' compensation leave are required to utilize available leave accrual balances (such as sick, vacation, comp time, etc.) to cover any period of unpaid absences.

Page 169 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
18 16.03 An Employee returning from a work-related injury shall submit a medical release by a medical practitioner indicating the employee is able to perform the essential job functions with or without restrictions. If the employee is cleared to return to their position without restrictions, the employee shall return to their previously held position. If the employee has medical restrictions, the City shall schedule a meeting with the employee to engage in the interactive process to determine if the restrictions can be accommodated.

16.04 Injured Employees designated Maximum Medical Improvement (MMI) or accepted into a Supplemental Job Displacement Plan and unable to return to their prior occupations may be involuntarily terminated or retired.

SECTION 17.00 - OVERTIME

17.01 Employees who work more than a standard forty (40) hour workweek shall be compensated as follows:

17.01.1 All overtime shall be compensated at the rate of time and one-half pay or the equivalent in compensatory time off (CTO) in lieu of overtime pay.

17.01.2 In the event the City requires the employee to work overtime, overtime pay or accrual of CTO shall be at the discretion of the employee. However, the determination as to whether overtime pay or CTO shall be taken must be made by the employee at the time the “Request for Additional Pay” form is submitted to the supervisor for signature. Usage of CTO shall be scheduled at the convenience of the City and may be used in the same manner as vacation leave.

17.01.3 A minimum of three hours pay or its equivalent in compensatory time off, at the rate of time and one-half, to be taken at the convenience of the city shall be guaranteed for any employee who, after leaving the employee's place of duty, is required to return to work.

17.01.4 Employees who work less than eight (8) minutes beyond their normal work hours shall not receive overtime.

17.01.5 Overtime occurring on a paid City holiday shall result in pay or CTO at the rate of time and one half in addition to base pay.

17.01.6 CTO may be accrued by the employee throughout the year. However, the accrued hours may not exceed one hundred and sixty hours (160) as of the last day of the pay period including June 1st. Hours in excess of one hundred and sixty (160) hours on that date shall be cashed out in Pay period 12 so the employee’s CTO accrual bank is reduced to one hundred and sixty (160) hours.

17.01.7 Any paid accrued leave, specifically sick leave, vacation leave, compensation leave, or compensatory time off, taken by an employee during any work week shall be counted as hours worked for the purpose of calculating overtime.

17.01.8 If a Building Inspector, Public Works Inspector or Housing and Neighborhood Specialist is required to work overtime which extends past 12:00 a.m., the employee

Page 170 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
19 will not be required to report to their next regular scheduled shift until eight (8) hours after the completion of the overtime. The employee shall be paid from the beginning of their regular scheduled shift.

SECTION 18.00 - HOLIDAYS

18.01 The following shall be paid holidays for the City of Milpitas employees:

1. January 1 (New Year's Day)

2. Third Monday in January (Observance of Dr. Martin Luther King Jr.'s Birthday)

3. Third Monday in February (Observance of President Washington's Birthday)

4. March 31 Cesar Chavez Day

5. Last Monday in May (Observance of Memorial Day)

6. July 4 (Independence Day)

7. First Monday in September (Labor Day)

8. November 11 (Veteran's Day)

9. Thanksgiving Day

10. Day after Thanksgiving

11. Christmas Eve

12. Christmas Day

13. One Floating Holiday1

18.01.1 In the event a holiday falls on a Sunday, the following Monday shall be the holiday instead.

18.01.2 In the event a holiday falls on a Saturday, the preceding Friday shall be the holiday instead.

18.01.3 A holiday is defined as eight (8) regular work hours.

18.01.4 Any other holiday declared by the City Council as a City Holiday for City employees.

18.01.5 For other than five (5) day workweeks, any workweek which includes one or more holidays shall be reduced in hours commensurately. The number of days worked during the workweek shall be subject to the approval of the Department Head.

18.02 Where one of these holidays falls on a working day, employees shall be granted the day off with pay and City offices shall be closed except for such municipal services that must be maintained on an around-the-clock basis seven days a week. Employees who work less than full time shall be entitled to credit for paid holidays on a pro-rated basis. Employees required to perform their regular duties on a holiday shall be granted pay or compensatory time off, at the rate of time and one-half in addition to base salary. For the purposes of this section a holiday shall be deemed to begin and end at 12 midnight.

18.03 Employees shall be permitted to take Good Friday as a vacation day by submitting a written request at least two weeks in advance to the supervisor. 1 Each employee shall receive one "Floating Holiday" every calendar year. The Floating Holiday will become effective the first day of January or on the date of hire. Floating Holiday must be used during the calendar year accrued. Prior approval must be received in order to utilize the Floating Holiday.

Page 171 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
20 18.04 In addition to the recognized holidays, City Hall and selected operation will be closed to the public during the period beginning from the Christmas Eve holiday through the New Year’s Day holiday.

Essential services including, but not limited to Police and Fire, will continue to operate and certain events will be held as scheduled. Department Directors will determine which services and facilities will remain open. The MOU’s provide that when a holiday falls on a Saturday, it is recognized on the preceding Friday, and when a holiday falls on a Sunday it is recognized on a Monday. When the recognized holidays of Christmas Eve and Christmas fall or New Year’s Eve and New Year’s Day fall on a Friday and Saturday, the holidays shall be recognized on Thursday and Friday of that week. When the recognized holidays of Christmas Eve and Christmas fall or New Year’s Eve and New Year’s Day fall on the Sunday and Monday, the holidays shall be recognized on the Monday and Tuesday of that week.

As this period of time is generally a slower time for conducting business and many employees enjoy taking this time off, it is an ideal time to close. However, we also understand that there are some employees who will want to work and some employees that will need to work, depending on the needs of the City and the employee’s position. For instance, an employee from Finance and HR will be working on at least one of those days, possibly two to work on payroll.

City employees may participate in the Holiday Break on a voluntary basis. If employees prefer to work, they are to notify their supervisor in advance to make arrangements for an assignment. Employees may be assigned to perform work outside of their usual assignment and possibly outside of their department.

Employees will be permitted to work during this period of time, take vacation, compensatory time off or take leave without pay depending on the business needs of the City.

All requests to take time off will need to be approved by the Department Head as they will need to determine the business needs of the City.

The continuation of the holiday closure is subject to the sole discretion of the City Council. As City Council members change, the parties recognize the decision to continue the holiday closure period may also change. The City will give a 14- day notice of any such change.

SECTION 19.00 – TRAINING

19.01 If an employee is directed to participate in a training program, which is related to their job, the City shall provide compensation for the following:

19.01.1 Regular wages for time away from the job (if during working hours);

19.01.2 Overtime or compensatory time off whenever an employee’s combined training time and work time exceeds forty (40) hours in a workweek;

19.01.3 Cost of tuition and/or registration for the training;

19.01.4 Reimbursement for authorized transportation cost to and from the training. (i.e., mileage reimbursement if an employee uses their personal automobile as allowed by the City. However, if employees car-pool to a training session, only the employee who is the owner of the automobile shall be entitled to mileage reimbursement).

19.02 Participation in and successful completion of training course may be considered in making employment advancements and promotions.

Page 172 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
21 SECTION 20.00 - ATTENDANCE

20.01 General
Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves.

20.02 Unauthorized Absence

20.02.1 An employee whose absence is not authorized shall not receive pay or benefits for the absent period and shall be subject to discipline. Failure on the part of the employee absent without leave to return to duty shall be grounds for discharge. It shall be the responsibility of an employee absent without leave to notify the Department Head of the reason the employee is absent and of the employee's availability for duty.

20.02.2 Except in emergency situations when an employee is physically unable to do so, an employee shall report absence at or prior to the beginning of shift to the supervisor or higher authority. Failure to do so may result in an unauthorized absence.

20.03 Breaks
Employees shall be entitled to the privilege of two 15-minute breaks during each standard workday.

20.04 Responsibility to Maintain Service
No employee shall schedule a break at such time as to leave the office in which the employee works unstaffed.

20.04.1 Persons whose responsibility includes public contacts shall advise a responsible person in their office before leaving for a break.

20.04.2 Persons alone in an office should leave a sign on the door, lock the door, and advise the receptionist before leaving for a break, in order to ease the handling of incoming phone calls and customers that call at the office.

20.05 Limitations for Breaks

20.05.1 For workdays from 8:00 a.m. to 5:00 p.m., the morning break shall be taken between 9:30 a.m. and 11:00 a.m., and the afternoon break shall be taken between 2:30 p.m. and 4:00 p.m.

20.05.2 For irregular workdays, breaks shall be taken after the first one- and-one-half hours and before the last hour of each half shift.

Page 173 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
22 SECTION 21.00 - PAY PLAN

21.01 Advancement shall be based on satisfactory performance and increased service value of an employee to the City as exemplified by the recommendations of the supervising official, length of service, performance record, special training undertaken or other pertinent evidence. No step advancement shall be made so as to exceed the maximum rate established in the pay plan for the class of to which the advanced employee's position is allocated.

21.02 In administering the Pay Plan, the following rules shall be observed:

21.02.1 Step “A” is the minimum rate for a position and shall be the hiring rate for said position. Initial appointment at a rate higher than Step “A” may be made in the case of an unusually well qualified person or where other special conditions warrant, but only with prior approval of the City Manager.

21.02.2 Step “B” represents an incentive adjustment. An employee shall be eligible for Step “B” only after completion of one year from the date of employment on recommendation from the Department Head and approval of the City Manager.

21.02.3 Step “C” represents the rate at which a qualified and experienced employee should be paid after a reasonable period of service. An employee shall become eligible for Step “C” only after he/she has proven himself/herself satisfactory in the given classification for a period of at least one year after completion of his/her probationary period, upon recommendation of the Department Head and approval of the City Manager.

21.02.4 Step “D” represents an incentive adjustment for satisfactory performance and increased effectiveness. An employee shall become eligible for. Step “D” after completion of one year at Step “C” upon recommendation of the Department Head and approval of the City Manager.

21.02.5 Step “E” represents an incentive adjustment for increasingly satisfactory performance. An employee shall be eligible for Step “E” after completion of one year at Step “D” upon recommendation of the Department Head and approval of the City Manager.

21.02.6 Employees who have demonstrated outstanding ability may be advanced to the next higher step prior to completion of one year's service at the current step upon recommendation of the Department Head and approval of the City Manager.

21.02.7 Merit increases shall be effective the first full pay period following an employee’s eligibility for step increases.

21.03 Performance Appraisal Review - Performance appraisals are an important personnel tool, and the City should endeavor to make them promptly.

21.04 The City shall evaluate employee’s annually from their date of hire or the date they entered their classification. The classification date shall supersede the hire date. In any case, an employee must be evaluated at the completion of probation, be it initial, or as a result of promotion. If an employee does not receive a performance appraisal on the date it is due and is not at the top step of the salary range for his/her classification, the Human Resources Department shall process the

Page 174 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
23 forms necessary to advance the employee to the next step in the pay range effective the first pay period following the anniversary date. Supervisors must complete a Performance Appraisal Review on a timely basis if they intend to withhold a step advancement for the employee.

If a supervisor subsequently finds that the employee was entitled to a step increase (under this Section) as of that due date, and did not receive it, the step increase shall become effective retroactively as of the due date of the performance appraisal.

If an employee does not receive a performance appraisal within 30 working days after it is due the employee shall have the right to file a grievance. The contents of the “PAR” are not grievable. Grievances are to be conducted under the rules of Section 8.00 of this MOU.

21.05 Salary Following Promotion
Employees receiving a promotion shall receive at least a 5% increase in salary unless limited by the maximum salary range.

21.06 In the event an employee receives overpayment by the City, the employee shall reimburse the City for the total overpayment. Typically, such repayment shall occur over a schedule equal to the amount of time over which the overpayment occurred, and the City may obtain reimbursement by payroll deduction. However, at the employee's request, the City may extend such repayment over a longer period, to be determined by mutual agreement of the employee and the Finance Director.

21.07 "Y" Rate Policy: Whenever an employee would sustain an actual decrease in salary as a result of downward reclassification or reorganization within an existing department unit, without fault or inability on the part of the employee, the City Council shall adopt a "Y" rate to apply only to the employee so affected. A "Y" rate is defined as a monthly salary rate for an individual employee, which is greater than the established range for the employee's class. An employee for whom a "Y" rate is established shall not receive any increase in salary until such time as the employee's rate of compensation is within the established range for the employee's class. An employee who accepts a reassignment to a lower paid position in-lieu of layoff, shall not be "Y" rated.

SECTION 22.00 - RETIREMENT PLAN

22.01 The City will provide the 2% @ 62 CalPERS retirement plan based on the highest 3 year annual average pensionable compensation, depending on the eligibility of the new hires, for employees hired on or after January 1, 2013. Employee shall be responsible for the employee portion of the contribution to PERS retirement.

22.02 The City will provide the 2% @ 60 CalPERS retirement plan based on the highest 3 year annual average pensionable compensation to all new hires (Section 20475: Different Level of Benefits Provided for New Employees) hired on or after October 9, 2011 the date that the PERS ordinance was adopted by the City Council. Employees shall be responsible for the employee portion of the contribution to PERS retirement.

22.03 For employees hired before October 9, 2011, the City agrees to continue the 2.7% @ 55 Public Employees’ Retirement System (PERS) retirement benefit for the term of this contract, including the final year compensation amendment and 1959 Survivors Benefit in full force and effect.

Page 175 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
24 Effective July 1, 1995, the City agrees, as allowed under Internal Revenue Code Section 414(h)(2), the implementation of the Public Employees' Retirement System (PERS) “Pick-Up” program (TDMC) as outlined in PERS Circular Letter 100-364. In completing the conversion to the IRS 414 (h) (2) program, the increase in salary was calculated on the employee's base salary.

Effective the first full pay period including July 1, 2016, in addition to paying the employee PERS contribution rate to the Miscellaneous Plan, employees will pay 1.0% of PERSable salary toward the employer PERS contribution rate on a pre-tax basis.

Effective the first full pay period including July 1, 2017, employees will no longer contribute toward the employer PERS contribution rate.

22.04 Upon retirement, disability retirement, or death, for those employees who were hired on or before July 17, 1999, and who had at least five (5) years of service, the City shall pay the separating employee or his or her estate, for unused accrued sick leave. The amount paid shall be equal to

2.5% per year of service for unused accrued sick leave. The pay-out formula shall be: 2.5% x years of service x highest hourly rate x sick leave hours accrued.

22.04.1 Upon retiring with PERS, all employees shall be eligible for the PERS Credit for Unused Sick Leave provision (20965) of the City’s PERS Retirement plan. Employees hired on or before July 17, 1999, may elect either the payout formula in Section 10.03 or the PERS Credit for Unused Sick Leave plan.

22.05 For the purpose of this section, an employee who is retiring is one who has submitted an application for retirement to the Public Employees Retirement System (PERS).

22.06 Retiree Medical

22.06.1 For permanent employees hired before July 1, 1995, and retired between July 1, 1990 and September 1, 2002, who had at least five (5) years of service in the City of Milpitas, the City agrees to pay any single, medical premium rate, as long as the retiree maintains enrollment in one of the eligible health plans.

22.06.2 For permanent employees hired before July 1, 1995, and retired after September 1, 2002, who had at least five (5) years of service in the City of Milpitas, the City agrees to pay up to the single, medical premium rate (at a rate no higher than any single plan paid by City for active employees), as long as the retiree maintains enrollment in one of the eligible health plans.

22.06.3 For permanent employees hired on or after July 1, 1995, and retiring on or after September 1, 2002, the City agrees to pay up to the single, medical premium rate (at a rate no higher than any single plan paid by City of active employees), as long as the retiree maintains enrollment in one of the eligible health plans and shall be subject to the following provisions with respect to the retirement benefits:
(a) Upon completion of the fifth through the ninth year of service with the City of Milpitas, and upon retirement, the City shall provide 25% of the medical insurance premium payment for the employee only, as long as the employee remains in one of the City sponsored eligible health care programs.

Page 176 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
25 (b) Upon completion of the ninth year, this payment of the retiree's medical insurance shall increase to 50%.
(c) Upon completion of the fourteenth year, this payment of the retiree's medical insurance shall increase to 75%.
(d) Upon completion of the nineteenth year, this payment of the retiree's medical insurance shall increase to 100%.
(e) Once any retiree becomes Medicare eligible, City shall pay up to the appropriate Medicare rate per the above sections.
(f) Retirees may elect to continue coverage for a dependent under the retiree dependent health care fund provided that the dependent is covered by the group plan at the time the employee retires and maintains enrollment as set forth in Section 22.06.2.

22.07 Retiree Dependent Health Care

22.07.1 The Retiree Dependent Health Care Fund
Each year, the City will contribute 1% of payroll with benefits to a fund to be used to help pay the medical premiums of retirees' dependents (the “Fund”). The City’s annual 1% of payroll with benefits contribution shall be recalculated each year based on ProTech’s payroll as of the last full pay period in June. The City will annually deposit this amount in the Fund by the end of August.

The City will annually present a report to the ProTech president indicating the City’s annual contribution, the total dollars in the Fund, and a brief description of how and the extent to which the 1% was used in the previous fiscal year to pay for the medical premiums of retirees’ dependents. The City will use this report to set retiree dependent contribution rates. The City will also prepare projections for the following fiscal year for contributions and expenditures. The Human Resources Director and ProTech president will meet to discuss corrective measures so the fund does not deplete or end with a negative balance before the next year’s contributions is due.

22.07.2 Contributions From the Fund toward Retiree Dependent Premiums Contributions from the Fund toward the medical premiums of retirees’ dependents shall be as follows:
(a) For permanent ProTech employees hired before July 1, 1995, and retired on or after December 5, 2006 (City Council adoption), who have at least five (5) years of full-time or equivalent service with the City of Milpitas, the City agrees to pay from the Fund up to the family medical premium rate (at a rate no higher than any family plan paid by the City for active employees), as long as the retiree maintains enrollment in one of the eligible health plans. (b) For permanent ProTech employees hired on or after July 1, 1995, and retired on or after December 5, 2006 (City Council adoption), who have at least five (5) years of full-time or equivalent service with the City of Milpitas; the City

Page 177 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
26 agrees to pay from the Fund up to the family medical premium rate (at a rate no higher than any family plan paid by the City for active employees), as long as the retiree maintains enrollment in one of the eligible health plans and shall be subject to the following provisions with respect to the retirement benefits:
(1) Upon completion of the fifth through the ninth year of service, and upon retirement, the City agrees to provide 25% of the medical insurance premium payment from the Fund for the retiree dependent, as long as the employee remains in one of the City sponsored eligible health care programs.
(2) Upon completion of the ninth year, this payment of the retiree's dependent medical insurance shall increase to 50%.
(3) Upon completion of the fourteenth year, this payment of the retiree's dependent medical insurance shall increase to 75%.
(4) Upon completion of the nineteenth year, this payment of the retiree's dependent medical insurance shall increase to 100%.
(5) Once any dependent becomes Medicare eligible, the City agrees to pay from the Fund up to the appropriate Medicare rate per the above sections.

22.07.3 In no case will the City be required to place funds in the Fund above the 1% of payroll with benefits amount. If funds are depleted before the next year's City contribution is due, dependent medical premiums will be the responsibility of the retiree and/or dependent. If less than 1% of payroll with benefits is used in a given year for the medical premiums of retirees’ dependents, the remainder shall remain in the Fund and may be used in future years to supplement the City’s annual 1% of payroll with benefits contribution if this contribution is insufficient in a given year to make all the payments set forth in 22.06.2 above.

SECTION 23.00 - BENEFITS

23.01 The City shall provide active employees the CalPERS medical insurance for health benefits. The total monthly health benefit per employee shall be based on the Kaiser rates for employee, employee + 1, and family plan. Only employees who have eligible dependents shall be compensated above the single rate plans.

23.01.1 The City reserves the right to discontinue offering any of the medical plans due to any of the following:
(a) The plan imposes exorbitant costs upon the City;
(b) The health care carrier refuses to provide services to the City; (c) The health care provider no longer offers the services; or (d) The health plan is discontinued.

23.01.2 If the City discontinues use of CalPERS health care, to the extent possible, the City will provide similar services.

Page 178 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
27 23.01.3 The City will provide a life insurance policy in the amount of $50,000.00 for each full-time member of the Association.

23.01.4 The City shall provide a Short Term Disability Plan with the current benefit level for the term of Agreement.

23.01.5 The City shall provide a Long Term disability with the current benefit level for the term of Agreement.

23.01.6 Payroll deductions for benefit costs above the City benefit contribution shall be permitted, provided that the City shall not assume unreasonable administrative costs.

23.01.7 Employees who are covered as an eligible dependent under another health insurance plan may waive health coverage and receive a total of one hundred and twenty-five dollars ($250.00) per month, pro-rated over twenty-six (26) pay periods. Employees who wish to waive health insurance coverage must complete the City of Milpitas’ “Health Insurance Waiver” indicating they agree to abide by the terms and conditions of the waiver.

23.01.8 ProTech agrees to discuss a “cafeteria style” benefit plan upon request of the City.

23.01.9 Effective February 4, 2015, the City will pay seventy-five dollars ($75) per month toward deferred compensation for each member. The City’s payments will be prorated over twenty-six (26) pay periods per year.

23.02 Benefit Contribution – Regular Part-Time Employees: The City agrees to contribute monthly premiums for medical, dental and life insurance in an amount to reflect hours budgeted, pro-rated against the amount contributed for full time employees. For example, half-time employees may elect to take any or all of the benefits and the City and the employee will both pay 50% or half of the elected benefit cost(s). The City agrees to provide short-term disability and long-term disability insurance benefits, at the current benefit level for the term of Agreement.

SECTION 24.00 – TEMPORARY UPGRADE PAY/WORK OUT OF CLASS

24.01 The City agrees that upon specific written assignment by the Department Head, or the designated representative, an employee may be required to assume the duties, responsibilities, authority and accountability of a higher classification.

24.02 Employees assigned to duties of a higher class for at least sixteen (16) hours to work in an out-ofclass capacity with fully upgraded duties or classification (100%) shall qualify for Temporary Upgrade Pay. Employee shall be compensated at least 5% more than their salary or at the entrance step of the range of the higher classification, whichever compensation pattern is greater except where such increase exceeds the pay range allocated to the assigned position. The employee shall be compensated at the appropriate rate retroactive to the start of the assignment.

If an individual is placed into an out of class position that is vacant and during a recruitment the hours in this position cannot exceed 960 hours.

Any employee who has satisfactorily served in a temporary capacity for a minimum of three months, and is selected for a permanent appointment to the same class by the appointing

Page 179 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
28 authority, with the Department Head with City Manager approval, may receive credit towards completion of the probationary period up to the duration of the temporary appointment.

24.03 An employee seeking additional training in another class may waive his/her right to work out of class pay in order to pursue desired training.

SECTION 25.00 - NO DISCRIMINATION
The City of Milpitas has a zero tolerance policy to discrimination and/or harassment in the workplace.

Discrimination against or harassment of an applicant or employee by a supervisor, management employee, co-worker, contractor or other third party with whom the applicant or employee comes into contact with on any legally-protected basis (e.g., race, color, religion (including dress and religious grooming), religious creed, sex (including pregnancy, childbirth, breastfeeding and related medical conditions), gender, gender identity (including transgender identity), gender expression, national origin, ancestry, physical and/or mental disability, medical condition, genetic information, marital status, victim of domestic violence, age, sexual orientation, denial of medical and family care leave, or military and veteran status) is strictly prohibited and will not be tolerated.

25.01 The Association shall not restrict its membership in regard to any legally-protected basis (e.g., race, color, religion (including dress and religious grooming), religious creed, sex (including pregnancy, childbirth, breastfeeding and related medical conditions), gender, gender identity (including transgender identity), gender expression, national origin, ancestry, physical and/or mental disability, medical condition, genetic information, marital status, victim of domestic violence, age, sexual orientation, denial of medical and family care leave, or military and veteran status) is strictly prohibited.

SECTION 26.00 - SALARY

26.03 July, 2023 Salary Schedule Increase: Effective July 1, 2023, the July 2023 Salary Schedule shall be increased by 4%. This shall be the July 2023 Salary Schedule.

26.04 July, 2024 Salary Schedule Increase: Effective with the first full pay period in July 2024, the July 2024 Salary Schedule shall be increased by 4%. This shall be the July 2024 Salary Schedule

26.05 The monthly salary schedules labeled Appendix “A” and attached hereto are hereby made a part of this Memorandum of Understanding.

SECTION 27.00 - BILINGUAL ASSIGNMENT

27.01 The City agrees to pay a premium of 2.5% of base pay to employees with bilingual skills in positions which the City has determined the use of bilingual skills are necessary or desired to serve the Milpitas community.

27.01.1 Bilingual assignment shall be recommended by the Department Head and approved by the City Manager. In order to receive bilingual assignment, the employee must undergo and pass the appropriate testing to be certified as bilingual. The Department Head with the approval of the City Manager shall have the authority to terminate bilingual assignments when either: (1) the need no longer exists; (2) the number of employees who are certified as bilingual is more than is needed for the department; or (3) employees certified as bilingual are only called upon periodically to translate.

Page 180 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
29 27.01.2 Employees may request to be tested for bilingual certification at any time. Authorization for testing is subject to the needs of the department as determined by the Department Head and approved by the City Manager or designee. The method for such certification shall be the same for all bargaining units having bilingual assignment provisions.

SECTION 28.00 - WORK SCHEDULES

28.01 All employees shall work a standard bi-weekly schedule of eighty (80) hours. The Department Head shall have the authority to review and as necessary modify the work schedule provided employees are given 60 day notice. In establishing the schedule, consideration shall be given to the staffing needs of the department and the concerns of the employees. It is understood and agreed, that this shall not restrict or limit the ability of the City to modify schedules to respond to emergencies or immediate service needs of the City.

28.02 An employee may request consideration of a flexible work schedule to meet legitimate personal needs, such as childcare, transportation, etc. The Department Head shall consider each such request, and based on the needs of the City and the employee, make a final determination.

28.03 The City agrees to review requests for Alternate Work Schedules. Proposals for alternate work schedules shall be evaluated within each department and for each position. Alternate work schedules may not be appropriate for all departments or employees. In reviewing requests, the City shall take into consideration the City's desire to maintain a level of service, determined by the City, in addition to the employees’ needs. The Department Head shall make a recommendation to the City Manager, whose decision is final and not grievable.

28.04 Employees who are temporarily assigned to shifts in which one-half of their hours fall between the hours of 6:00pm and 8:00am three or more times within an established work week shall receive a five percent (5%) premium for all hours worked. The 5% premium shall be calculated on the employee’s base hourly rate of pay.

Alternate work schedules, which have been approved, shall be subject to Section 29.01.

SECTION 29.00 - HEALTH & SAFETY

29.01 The Risk Management & Safety Committee: The City is committed to the concept that the work place be a safe environment for all employees. In recognition of the City's and the Association's mutual interest in mitigating and/or eliminating present and future health hazards in the work place, the Risk Management & Safety Committee was created.

29.02 The City of Milpitas will assess the workstations of employees under the guidance of a specialist in Ergonomics. The Ergonomic specialist shall make recommendations and the City of Milpitas will act accordingly.

29.03 The City shall reimburse up to $300 per employee per fiscal year towards the purchase of safety prescription eyeglasses provided that they are not fully covered by the employee's health plan.

Replacement costs may be covered upon approval of the Human Resources Director if there has been a significant change in the employee's prescription or damage occurred as a result of a work-related accident.

Page 181 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
30 29.04 The City shall reimburse employee’s up to $300 per fiscal year for eyeglasses when prescribed by a physician for use at a video display terminal, provided the glasses are not fully covered by the employee’s health care plan. The employee must apply for any available insurance coverage.

29.05 The City shall provide up to $300 reimbursement per employee per fiscal year for the purchase of safety shoes and accessories with the provision that said footwear meets safety guidelines set by the City.

For classifications in the Housing and Neighborhood Preservation Specialists, Plan Checkers, and Engineers series, the City shall provide up to $300 reimbursement per employee bi-annually, on a fiscal year basis, for the purchase of safety shoes and accessories with the provision that said footwear meets safety guidelines set by the City.

29.06 It is understood that the wearing of said items is mandatory for field work when reimbursement is provided.

SECTION 30.00 - MISCELLANEOUS

30.01 Working Hours: Any modification of hours of employment, which are not diminimus, shall be subject to the rules and regulations of the Meyers-Milias-Brown Act (“MMBA”).

30.02 Replacement of Personal Articles: City may replace, within reason, personal articles damaged or stolen during performance of duty upon recommendation of the individual’s immediate supervisor and Department Head. The prior condition of the article, precautions taken to protect the article, and the exercise of proper judgment of wearing or using an expensive article on the job that has certain hazards connected with it shall be considered in determining the amount of replacement. An employee must obtain prior approval from his/her supervisor to bring in and use personal articles in the line of work.

30.03 Negotiations: Negotiations for a new Memorandum of Understanding shall commence three months before the end of the last contract year.

30.04 The City shall study the classifications and salaries of ProTech members during the term of this MOU and provide the information to ProTech upon receipt. The City agrees to meet with the Union to discuss implementation of the results.

SECTION 31.00 - EMPLOYEE FITNESS PROGRAM

31.01 The City of Milpitas agrees to provide to the employees a fitness program that allows employees the opportunity to participate in City-sponsored sports and fitness programs at no cost during the employee’s non-working hours. All conditions and requirements regarding use of the Sports Center and/or Senior Center, as set by the Recreation Services Manager, must be followed to remain eligible for this program.

SECTION 32.00 - LATERAL TRANSFERS/PROMOTIONAL OPPORTUNITIES

32.01 Employees shall be considered for lateral transfer/promotional opportunities subject to the following conditions:

Page 182 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
31 32.01.1 The transfer must be recommended by both the outgoing and incoming supervisor and approved by the Department Head.

32.01.2 The transfer must be approved by both the outgoing and incoming Department and/or Division Head.

32.01.4 Employees who are performing “below expectations” or “unsatisfactory” shall not be considered for lateral transfers. This shall be determined by examination of the most recent employee appraisal on file. If the appraisal on file is more than ten (10) months old, a new appraisal shall be done prior to the time the transfer is finalized.

32.01.5 Employees who are transferred by request between Departments or between different classifications shall be subject to a new six-month probationary period. Employees failing to complete probation following such a transfer shall be reinstated to the position from which transferred.

32.01.6 All vacant permanent positions shall be opened to lateral transfer within the same classification.

32.01.7 Written notice of a vacant permanent position shall be circulated by the Human Resources Department. The notice shall include the opening and closing dates for the acceptance of lateral transfer requests and promotional applications.

32.01.8 A period of ten (10) working days shall be allowed during which written requests for lateral transfer and/or promotion must be submitted by any interested employee.

32.01.9 Requests shall be reviewed and all applicants notified of their status and scheduled for an oral interview within five (5) working days of the closing date.

32.01.10 Oral interviews of eligible employees shall be conducted by the hiring supervisor.

32.01.11 Written notice of the results of the interview process shall be made by the hiring supervisor within five (5) working days of the last interview.

32.01.12 Exceptions to the above process due to working conditions and/or the needs of the City may be approved by the Department Head.

32.02 Permanent employees may have a reasonable amount of time, during normal work hours, without loss of pay or accrued leave for a City of Milpitas civil service interview (lateral or promotion).

Employees are required to provide at least two (2) days notice to their supervisor.

A “reasonable” amount of time is defined as the time needed to participate in the interview by the Human Resources Department. Employees must report to work as soon as the interview ends in order to avoid charging the time in excess to accrued leave or unpaid leave.

32.03 To qualify for a department interview, an employee must meet the minimum qualifications listed on the job announcement, including passing any required testing, or be a lateral transfer to the position. All internal candidates who meet these requirements will be invited to participate in a departmental hiring interview.

Page 183 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
32 SECTION 33.00 - MILEAGE REIMBURSEMENT

33.01 When available, the City shall furnish vehicles from the City’s car pool to conduct official City business. In the event a pool car is unavailable, the employee shall use the employee’s own vehicle on a temporary basis.

33.02 An employee shall receive authorization from their Department Head or their designee prior to using the employee’s own vehicle.

33.03 Temporary basis shall be defined as no more than five (5) consecutive working days unless otherwise agreed to by the employee. Employees who use their car on a temporary basis shall be reimbursed by the City at the rate established by the IRS.

33.04 Any employee who drives their own vehicle on official City business must have a valid California driver’s license and proof of valid insurance.

SECTION 34.00 - TUITION REIMBURSEMENT

34.01 The City of Milpitas will provide a tuition reimbursement program for educational activities which are job related to any classification within the City and approved in advance by the Department Head and the Human Resources Director. The amount of the fund shall not exceed the amount budgeted for this purpose. Subject to the availability of monies in the fund, individual employees are subject to a total reimbursement of $2,000 per fiscal year. Reimbursement is subject to the guidelines outlined in the Tuition Reimbursement Standard Operating Procedure (S.O.P.) 16-13.

SECTION 35.00 –INCENTIVE PAY

35.01 Certification Pay
City will provide 1% certification pay on the following certifications for positions in the classification of Building Inspector and Sr. Building Inspector:
(a) 1% for Residential Plans Examiner Certification and (b) 1% for Building Plans Examiner Certification

35.02 During the term of this agreement, the parties agree to revisit the topic of additional certification pay, which would be subject to Department Head approval.

Page 184 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
33 35.03 As part of the Tuition Reimbursement Program per Section 35.00 of the Pro-Tech MOU, the above certification tests will be reimbursed to full time regular employees. In addition full time regular employees will be permitted to take the certification tests during regular work hours.

Employees will be compensated their regular wages if the test is taken during a regularly scheduled workday between regularly scheduled work hours, and employee is not eligible for overtime if the test exceeds the regular work day as this is a fringe benefit and not required.

35.04 Longevity Pay
Effective the first full pay period in July, 2023, employees shall be eligible for longevity pay as follows:
(a) Effective the first full pay-period after the employee’s 9th year of service, a longevity incentive of one percent (1%) over base pay.
(b) Effective the first full pay-period after the employee’s 14th year of service, a longevity incentive of two percent (2%) over base pay,
(c) Effective the first full-pay period after the employee’s 19th year of service, a longevity incentive of three percent (3%) over base pay,
SECTION 36.00 – NO STRIKE CLAUSE

36.01 The Union, on its own behalf and on behalf of the unit employees it represents, agrees that during the term of this MOU, and throughout all periods when there is any effort or procedure underway to arrive at a successor MOU and during any period when the law specifically prohibits strike activity, there will be no strikes, work stoppages, concerted unauthorized absences, slow-downs, or refusals to cross picket lines of any sort; and that the Local will not directly or indirectly encourage or condone such actions by unit employees, and will undertake all possible steps to cause any such actions to cease.

36.02 Any bargaining unit member violating this provision shall be subject to disciplinary action up to and including termination of employment.

36.03 This provision may be specifically enforced in any court of competent jurisdiction.

SECTION 37.00 – LIUNA NATIONAL (INDUSTRIAL) PENSION FUND

37.01 ProTech members currently participate in the LIUNA National Pension Fund under terms set forth in Section 37.00 of the Memorandum of Understanding approved by City Council on February 19, 2013, and covering the period from January 1, 2013 through December 31, 2013, (hereafter “PRIOR MOU”) and the Standard Form of Participation Agreement signed by the City and ProTech in 2001. It is agreed between the Parties that this section 37.00 shall replace that earlier Section 37.00 part of the PRIOR MOU until such time as ProTech, or its successor bargaining group or individual employee successors no longer participate in the LIUNA National Pension Fund and there exists no obligation on behalf of the City or ProTech or its successor bargaining group or individual employee successors to contribute funds to the LIUNA National Pension Fund, or this Section 37.00 is rescinded or modified by mutual agreement.

37.02 It is further agreed between the Parties that all obligation to make payments to the LIUNA National Pension Fund (including the $.56 City contribution referred to in Section 37.01 of the

Page 185 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
34 PRIOR MOU) for pension coverage for ProTech employees shall be paid by ProTech employees and the City will have the right to deduct the payment from ProTech employee wages and make such payments as are due directly to the LIUNA National Pension Fund. This shall include any obligation to make payments to the LIUNA National Pension Fund as now exist or increased amounts which may be imposed in the future for rehabilitation plans imposed, plan restructuring, election for “preferred” benefits under the current Rehabilitation Plan or any other reason. It is further agreed that the City as employer shall elect, if such option is available, the “preferred” payment option, allowing ProTech employees enhanced benefits, payment for which ProTech employees will be responsible, as agreed and set forth above, but with the understanding that if payments are also due for past obligations under the “preferred” plan, then ProTech employees shall be responsible for such amounts which the City may also deduct in reasonable payment amounts from ProTech employee wages.

37.03 Employee liability for LIUNA pension payments as described in paragraph 37.02 above do not include any fund liability for the City’s unilateral withdrawal from the LIUNA National Pension Fund, were that to occur in the future. Responsibility for such liability, were it to occur, shall remain subject to future negotiations between the Parties.

37.04 Deductions from ProTech employee wages, as set forth in paragraph 37.02 above, shall be processed and deducted as pre-tax pension benefit payments from current and future ProTech employees and will include a pro rata share of the indebtedness owed for ProTech employees, including retirees, until such time as that indebtedness is satisfied.

37.05 To the extent this Section is inconsistent with the PRIOR MOU this Section shall prevail and constitute the intent and govern the rights of the Parties.

37.06 By inclusion of this section in this MOU, all parties agree that this matter has been fully discussed amongst the Parties and all meet and confer obligations under the law, including the MeyersMilias-Brown Act, have been fully complied with.

Page 186 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
35 This comprehensive Memorandum of Understanding represents a complete and final understanding of all issues negotiated between the City representatives and the Association's representatives and is endorsed this __ Day of ______.

ASSOCIATION REPRESENTATIVES CITY REPRESENTATIVES
Avery Stark Richard C. Bolanos
Ruby General Vicky Lien
______________________________________
Casey Crary Bill Tott
Lorin Preston
Randy Baez
Ryan Heron, Local 792

Page 187 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
1 Appendix A1– SALARY SCHEDULE
4% Salary Increase
Effective July 1, 2023
Job Classification Annual Salary
Accountant $ 103,614.85 - $ 125,925.82
Accounting Technician I $ 67,479.40 - $ 82,022.32
Accounting Technician II $ 74,226.96 - $ 90,223.29
Assistant Engineer $ 112,264.94 - $ 136,459.79
Assistant Planner $ 107,647.32 - $ 130,827.90
Associate Civil Engineer $ 129,104.10 - $ 156,928.53
Associate Planner $ 123,774.79 - $ 150,454.35
Building Permit Technician $ 82,202.95 - $ 99,921.72
Building/NP Inspector $ 108,955.25 - $ 132,435.70
Case Manager $ 73,654.26 - $ 91,918.96
Code Enforcement Officer $ 95,267.33 - $ 115,819.08
Community Service Officer $ 91,149.68 - $ 110,793.70
Electrical/Building Inspector $ 114,403.81 - $ 139,057.80 Engineering Aide $ 89,279.32 - $ 108,518.82
Engineering Permit Technician $ 80,366.94 - $ 97,685.79 Environmental Inspector $ 114,403.81 - $ 139,057.80
GIS Technician $ 112,264.94 - $ 136,460.33
I T Technician $ 89,322.31 - $ 108,570.74
Junior Engineer $ 102,058.42 - $ 124,053.03
Junior Planner $ 92,402.98 - $ 112,316.59
Marketing Coordinator $ 86,736.21 - $ 105,428.15
Office Assistant I $ 58,679.77 - $ 71,324.76
Office Assistant II $ 64,544.75 - $ 78,453.59
Office Specialist $ 74,226.15 - $ 90,223.29
Payroll Specialist $ 79,275.33 - $ 96,358.39
Plan Check Engineer $ 132,118.52 - $ 160,673.30
Plan Checker $ 112,659.46 - $ 136,947.05
Planning Technician $ 82,202.95 - $ 99,921.72
Program Coordinator $ 80,888.81 - $ 106,473.79
Public Services Assistant I $ 67,479.40 - $ 82,022.32
Public Services Assistant II $ 74,226.96 - $ 90,223.29
Public Works Inspector $ 108,955.25 - $ 132,435.70
Recreation Svcs Assistant I $ 38,142.35 - $ 46,363.05
Recreation Svcs Assistant II $ 45,287.13 - $ 55,051.01
Recreation Svcs Assistant III $ 52,056.60 - $ 63,274.68 Recreation Svcs Assistant IV $ 61,076.33 - $ 74,238.05
Senior Accounting Technician $ 81,649.71 - $ 99,246.26
Senior Building Inspector $ 125,842.54 - $ 152,962.85
Senior Plan Check Engineer $ 145,330.00 - $ 176,636.37
Senior Public Works Inspector $ 125,843.35 - $ 152,962.85 Sr Code Enforcement Officer $ 111,800.67 - $ 135,882.76 Sr. Public Services Assistant $ 82,795.40 - $ 100,638.28

Page 188 of 382 ends

ProTech
July 1, 2023 through June 30, 2025
2 Appendix A2– SALARY SCHEDULE
4% Salary Increase
Effective first full pay period in July, 2024
Job Classification Annual Salary
Accountant $ 107,759.44 - $ 130,962.85
Accounting Technician I $ 70,178.58 - $ 85,303.22
Accounting Technician II $ 77,196.04 - $ 93,832.22
Assistant Engineer $ 116,755.54 - $ 141,918.19
Assistant Planner $ 111,953.21 - $ 136,061.02
Associate Civil Engineer $ 134,268.27 - $ 163,205.67
Associate Planner $ 128,725.78 - $ 156,472.52
Building Permit Technician $ 85,491.07 - $ 103,918.59
Building/NP Inspector $ 113,313.46 - $ 137,733.13
Case Manager $ 76,600.43 - $ 95,595.72
Code Enforcement Officer $ 99,078.02 - $ 120,451.84
Community Service Officer $ 94,795.66 - $ 115,225.44
Electrical/Building Inspector $ 118,979.96 - $ 144,620.11 Engineering Aide $ 92,850.49 - $ 112,859.57
Engineering Permit Technician $ 83,581.61 - $ 101,593.22 Environmental Inspector $ 118,979.96 - $ 144,620.11
GIS Technician $ 116,755.54 - $ 141,918.75
I T Technician $ 92,895.21 - $ 112,913.57
Junior Engineer $ 106,140.76 - $ 129,015.15
Junior Planner $ 96,099.10 - $ 116,809.25
Marketing Coordinator $ 90,205.66 - $ 109,645.27
Office Assistant I $ 61,026.97 - $ 74,177.75
Office Assistant II $ 67,126.54 - $ 81,591.73
Office Specialist $ 77,195.20 - $ 93,832.22
Payroll Specialist $ 82,446.34 - $ 100,212.73
Plan Check Engineer $ 137,403.26 - $ 167,100.23
Plan Checker $ 117,165.83 - $ 142,424.94
Planning Technician $ 85,491.07 - $ 103,918.59
Program Coordinator $ 84,124.36 - $ 110,732.74
Public Services Assistant I $ 70,178.58 - $ 85,303.22
Public Services Assistant II $ 77,196.04 - $ 93,832.22
Public Works Inspector $ 113,313.46 - $ 137,733.13
Recreation Svcs Assistant I $ 39,668.05 - $ 48,217.58
Recreation Svcs Assistant II $ 47,098.62 - $ 57,253.05
Recreation Svcs Assistant III $ 54,138.86 - $ 65,805.67 Recreation Svcs Assistant IV $ 63,519.38 - $ 77,207.57
Senior Accounting Technician $ 84,915.70 - $ 103,216.11 Senior Building Inspector $ 130,876.24 - $ 159,081.36
Senior Plan Check Engineer $ 151,143.20 - $ 183,701.82
Senior Public Works Inspector $ 130,877.08 - $ 159,081.36 Sr Code Enforcement Officer $ 116,272.69 - $ 141,318.07 Sr. Public Services Assistant $ 86,107.21 - $ 104,663.81

Page 189 of 382 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Superseding Resolution No. 9286 to correct the Conditions of Approval for a previously approved Site Development Permit and PUD Amendment Permit to Develop a New One-and-a-Half Story Single-Family Residence and to Deviate from the Approved Designs, on a Vacant 1.1-acre Lot Located in the R1-H Single-Family Residential Zoning District with a Hillside Combining District at 1321 Terra Vista Court (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Category: Consent Calendar-Community Development
Meeting Date: 2/20/2024
Recommendation: Consider the exemption in accordance with CEQA and adopt a resolution superseding resolution No.9286 approving the corrected conditions of approval for Site Development Permit No. SD22-0013 and Planned Unit Development Amendment No.

PA23-0001 to allow the development of a new single-family residence at 1321 Terra Vista Court, subject to the attached Conditions of Approval.

BACKGROUND:

On November 17, 1992, the City Council approved Planned Unit Development (PUD) No. 68 (Countryside Estates) to allow the construction of six hillside residential home sites on a 24.5-acre parcel. Each home site would be reviewed separately under the provisions of an “S” Zone Application or Site Development Permit and subject to a precise building envelope established by the PUD. To date, two lots have been approved for development.

On December 16, 2022, Eugene H. Sakai, of Studio S Square Architecture, Inc. submitted a Site Development Permit and PUD amendment Permit application to develop a new 4,929-square foot, one-and-a-half story singlefamily residence on a vacant 1.1-acre lot (Lot 4 of the Countryside Estates subdivision) located at 1321 Terra Vista Court. The zoning designation for this property is Single-Family Residential (R1) with a Hillside (H) Combining District. Per Milpitas Municipal Code (MMC) Section XI-10-45.09-2, no building permit shall be issued for the construction or expansion of a single-family structure in the Hillside (H) Combining District until such structure has received a site and architectural review approval by the Planning Commission (PC) and City Council (CC). On October 25, 2023, the PC held a duly noticed public hearing on this item and voted to unanimously approve the proposed project and also recommend approval by the City Council (6-0). A copy of PC Resolution No. 23-015 is attached to this report.

On December 5, 2023. The Milpitas City Council voted (5-0) to approve the Site Development Permit and PUD Amendment Permit to Develop a New One-and-a-Half Story Single-Family Residence and to Deviate from the Approved Designs, on a Vacant 1.1-acre Lot Located in the R1-H Single-Family Residential Zoning District with a Hillside Combining District at 1321 Terra Vista Court.

ANALYSIS:

The planning staff recommends that the City Council review and approve a superseding resolution to correct the record regarding the previously approved conditions of approval for Resolution No.9286. No substantive changes are proposed; a correction to ensure the record reflects the correct project-related conditions of approval is attached to the adopted resolution.

This would allow the development of a single-family residence, attached garage, and associated improvements on a vacant lot located at 1321 Terra Vista Court. The project site is located on the northeastern edge of the City of Milpitas, adjacent to properties with the same single-family hillside zoning designation.

Page 190 of 382 ends

The applicants have been consulted on the adoption of this ordinance and have waived their right to a public hearing. The waiver is attached.

POLICY ALTERNATIVE(S):

Alternative 1: Deny a resolution superseding Resolution No. 9286 to correct the conditions of approval for a previously approved Site Development Permit and PUD Amendment Permit.

Pros: None.

Cons: The project would be subject to incorrect conditions of approval.

Reason for Not Recommending: The project was previously approved by the City Council and should be subject to appropriate conditions of approval to ensure compliance with all regulations and minimize impacts to the community.

FISCAL IMPACT:

None
California Environmental Quality Act (CEQA):

None
RECOMMENDATION:

Adopt a resolution superseding resolution No.9286 approving corrected conditions of approval for a Site Development Permit No. SD22-0013 and PUD Amendment Permit No. PA23-0001 to allow the development of a new single-family residence at 1321 Terra Vista Court, subject to the attached Conditions of Approval.

Attachments:
(a) Superseding City Council Resolution No.9286
(b) City Council Reso No.9286 Final
(c) Planning Commission Staff Report dated October 25, 2023 (d) Planning Commission Resolution No. 23-015
(e) Project Plans
(f) Story Pole Installation
(g) Waiver of Public Hearing

Page 191 of 382 ends

RESOLUTION NO. XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS SUPERSEDING RESOLUTION NO. 9286 APPROVING SITE DEVELOPMENT PERMIT NO. SD22-0013 AND PLANNED UNIT DEVELOPMENT AMENDMENT PA23-0001 TO DEVELOP A NEW HILLSIDE HOME LOCATED ON A VACANT 1.1-ACRE SITE AT 1321 TERRA VISTA CT (APN: 029-07-012) AND MAKING

CEQA FINDINGS OF EXEMPTION
WHEREAS, on December 16, 2022, an application was submitted by Eugene H. Sakai, of Studio S Square Architecture, Inc. (“Applicant”), for a development proposal to allow the development of a 4,929 square-foot, one and a half-story single-family residence (“Project”) on a vacant 1.1-acre site within Planned Unit Development No. 68 at 1321 Terra Vista Ct (APN: 029-07-012). The Project site is zoned Single Family Residential - Hillside; and WHEREAS, Planned Unit Development Amendment Permit No. PA23-0001 is also required to allow for a change in the exterior finishes within this project and associated Planned Unit Development Area, known as PUD 68; and WHEREAS, the Planning Division completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), which assessment determined that the Project is exempt from CEQA review pursuant to Section 15303 (New Construction and Conversion of Small Structures) of the CEQA Guidelines and, as a separate and independent basis, pursuant to Section 15183 of the CEQA Guidelines; and WHEREAS, on October 25, 2023, the City of Milpitas Planning Commission held a duly-noticed public hearing on the subject application, at which time all those in attendance were given the opportunity to speak on the Project, and the Planning Commission unanimously (7-0) recommended approval of the Project to the City Council subject to Conditions of Approval per Planning Commission Resolution No. 23-015; and WHEREAS, on December 5, 2023, the City of Milpitas City Council unanimously (5-0) approved of the Project subject to incorrect Conditions of Approval; and
NOW THEREFORE, the City Council of the City of Milpitas hereby finds, determines and resolves as follows:

SECTION 1: Recitals
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 incorporated herein by reference.

SECTION 2: California Environmental Quality Act (CEQA) Findings The project is exempt from further environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15303(a) for “New Construction or Conversion of Small Structures including one single-family residence, or a second dwelling unit in a residential zone,” because it can be seen with certainty that there is no possibility that these actions may have a significant effect on the environment. The Project’s proposed new construction of a singlefamily residence and its accessory structures are within a residentially zoned area on a legal parcel and none of the exceptions, as specified in Section 15300.2 of the CEQA Guidelines that would preclude applicability of this exemption are present. As a separate and independent basis, the Project is exempt from Section 15183 of the CEQA Guidelines as a project consistent with a community plan, general plan or zoning in that it is consistent with the development density established in the Milpitas General Plan and the applicable zoning and there are no project-specific significant effects which are peculiar to this project or its site.

SECTION 3: Site Development Permit Findings (Section XI-10-57.03(F)(1)) The City Council makes the following findings based on the evidence in the public record in support of Site Development Permit No. SD22-0013:

Page 192 of 382 ends

Resolution No. ____
2 1. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.

The architectural design and site planning of the proposed home is aesthetically compatible with the neighboring homes with an emphasis of minimizing changes to the natural topography. The proposed home incorporates earth tone colors and is sited in a manner as to not draw attention when viewed from the valley floor.

2. The project is consistent with the Milpitas Zoning Ordinance.

The proposed home meets the development standards in the Single-Family Hillside Zoning district and Countryside Estates PUD 68 for setbacks, height requirements, and landscaping and is requesting an amendment to PUD 68 for parking, total allowed square footage and exterior finishes. As demonstrated in Table 1 below.

Table 1: Summary of Development Standards
Standards Hillside & PUD 68
Requirements
Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%.

Otherwise, 40 ft.
minimum
55 ft. and 7 inches from
the property line Yes
Side Yard Setback 40 ft. minimum 44 ft. and 11 in. on south; 50 ft. and 8.5 in. on north. Yes
Rear 40 ft. minimum 127 ft. and 7.5 inches Yes
Size of Main
Residence
6,000 sq. ft. maximum
(lots < 3 acres) 4,929 sq. ft. Yes
Impervious Surfaces 8,000 sq. ft. maximum
(lots < 3 acres) 7,339 sq. ft. Yes
Building Height
(Maximum)
17 ft. west of crestline;
27 ft. east of crestline
/ 1 ½ stories
1 ½ story or 26 feet and

10.5 inches
Yes
Parking Four spaces required Six spaces (three inside
garage & three outside) Yes
Crestline Zone of
Protection
Within three hundred
(300) feet easterly of the
crestline, structure heights
shall be restricted so that
no structure extends above
the crestline site line
Within 300 ft east of the
crestline, not visible from
the three closest
viewpoints nor does the
height of the structure
extend into the crestline
site line
Yes
Due to the subject property’s location, the project is also required to comply with the development standards in the City’s Hillside Combining District. Per MMC Section XI-10-45.09-7 of the Zoning Ordinance, the Planning Commission and City Council shall consider the following guidelines in its review. Staff has determined the Project to be consistent with the Hillside Architectural Guidelines as demonstrated in Table 2 below.

Page 193 of 382 ends

Resolution No. ____
3 Table 2: Hillside Zoning Ordinance Compliance
Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
(a) Avoid unreasonable
interference with Views and
Privacy. The height, elevations and
placement on the site of the
proposed main or accessory
structure, when considered with
reference to the nature and location
of residential structures on
adjacent lots, will avoid
unreasonable interference with
views and privacy.

10.5 inches, and substantially setback from adjacent
property lines to the north and south, which minimizes
interference with views and privacy. Additionally, the lot to the west is dedicated as Common Area only and will not be developed with future residential uses.
(b) Preserve Natural Landscape.

The natural landscape will be
preserved insofar as practicable by
designing structures to follow the
natural contours of the site and
minimizing tree and soil removal.

Consistent. The project site is currently vacant and
undeveloped and has no existing trees. As such, no trees will be removed. As proposed, the design of the house is carefully sited to be built on the flattest portions of the lot, following the natural landscape and existing contours of the site to limit cut to 3,005 cubic yards and fill to 435 cubic yards, with a net export of 2,570 cubic yards.

Minimal landscaping is also proposed, including 22 midsize trees and various flowering plants, ground cover, succulents and shrubs.
(c) Minimize Perception of
Excessive Bulk. The design of the
proposed main and /or accessory
structure(s) in relation to the
immediate neighborhood should
minimize the perception of
excessive bulk.

Consistent. The proposed design includes varying
rooflines, a clear delineation of different colors and
materials, and punctuation of certain front and side facing elevations to remove the perception of bulk within the
one-and-a-half-story residence. The footprint of the
proposed home is also angled in its orientation to the front property line, thus minimizing the perception of excessive bulk. Furthermore, as described and shown in Table 3, the proposed main residence is proposed to be sized in scale closer to immediate neighbors’ proposed residences built on lots less than 3.0-acres in size. The overall building footprint of the main residence on the 1.1-acre lot is
consolidated, and the remaining portions of the lot will also remain undeveloped, and no accessory structures are proposed.
(d) Impairment of Light and Air.

The proposed main or accessory
structure(s) shall not unreasonably
impair the light and air of adjacent
properties nor unreasonably impair
Consistent. The proposed home will not exceed 27 feet in height as permitted for homes east of the crestline, and meets or exceeds all minimum setbacks as required by the Hillside development standards. The proposed home also
has a combination of mansard-style and minimally pitched

Page 194 of 382 ends

Resolution No. ____
4 Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
the ability of adjacent properties to
utilize solar energy.
roof systems that could be used to utilize future solar energy. With regards to adjacent properties, the lot to the west is reserved as Common Area and the residences to
the east are located greater than 429 feet away. As such, the proposed main residence will not cause an impairment to the adjacent properties access to light and air.
(e) Grading. All grading shall be
kept to an absolute minimum and
shall comply with the grading
ordinance criteria.

Consistent. The proposed location of the main dwelling
is where the existing lot is most flat, and grading is limited to 3,005 cubic yards of necessary cut to accommodate the one-and-a-half story dwelling and modest pool and 435
cubic yards of the grading will be repurposed as fill.

Site & Architectural Design
The project is designed in a modern Chateau style, which adds to the diversity of the neighborhood. The exterior materials are composed of painted stucco, high quality stone veneer and a standing seam metal roof, with metal and stain grade wood accents. The articulation of the architectural forms blending with a variety of finishes creates an attractive front elevation, along with an integrated curved driveway pattern that enhances the house and the neighborhood. All exterior materials and finishes work together as a palette of earth tone colors creating harmony with the surroundings. The colors and materials are complementary to the neighboring residences and within an earth tone range.

Grading and Landscaping
Due to the sloped lot and vehicular access requirements, the applicant has requested that the site be graded in order to make the site feasible for residential development. In an effort to limit the amount of ground to be removed, the applicant has proposed a site plan which locates the proposed home on the flattest portion of the site. Given the steep slope of the lot, grading was required to accommodate a two-story home with rear yard access. In order to minimize grading, the rear yard entry is located on the second floor, which requires considerably less grading than having the exit on the first floor. However, due to the property slope and proximity to the crestline, the project will result in 3,005 cubic yards of cut and 435 cubic yards of fill for the construction of a new home and the required grade at the driveway for firetruck access. 435 cubic yards of cut will be repurposed, resulting in a net export of 2,570 cubic yards.

Furthermore, no grading is proposed in the crestline zone of protection, and grading is limited to the near footprint of the home and rear patio area. The proposed landscape plan includes a variety of flowers, shrubs, succulents, and trees. As demonstrated in Attachment B (Project Plans), these plans are consistent with the grading/landscaping requirements within the Hillside Ordinance.

Crestline Zone of Protection
In an effort to protect the quality of views of the hills from the valley floor, development standards related to crestlines have been incorporated into the Zoning Code. Per MMC Section XI-10-45.06, the purpose of the crestline zone of protection is to preserve the natural quality of the crestline and the slopes immediately below, when viewed from the valley floor. In addition, Section 45.06-2 states that, in the area within three hundred (300) feet easterly of the crestline site line. An exhibit was given to the applicant demonstrating the location of prominent crestlines identified by the City. To demonstrate compliance with the crestline zone of protection and site line, which is located within the rear half of the existing lot, the applicant installed “story poles” along the minimum setback line and took pictures from areas recognized by the City as vantage points and required by the Hillside Ordinance Section XI-45-.06-3.

Page 195 of 382 ends

Resolution No. ____
5 Specifically, designated viewpoints VP2, VP3, and VP4 were included within this analysis. As demonstrated in Attachment C and plan Sheet A0.5, although cross section #3 for VP4 would intrude into the site line, the story pole tests confirm the project will not be visible from the valley floor, and therefore, is compliant with the Crestline Zone of Protection.

3. The project is consistent with the Milpitas General Plan.

The project is consistent with the Milpitas General Plan, and particularly with Policy CD 7- 5, which states to limit new development in the Hillside Area to only to Very Low Density Residential, open space and park uses. The project meets this finding, as the site is a part of an approved Planned Unit Development, which subdivided lots planned for clustered housing. The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor. As outlined in Table 3 below.

Table 3: General Plan Consistency
Policy Conformance
CD 7-1 Maintain the visual
character of hillsides, recognizing
both the importance of the exposure
of hillside development from off-site
public views and the importance of
providing panoramic public views
from and of hillsides.

Consistent. The proposed Project will not impact the visual character of the hillside from the valley floor or other viewpoints as the project site is located over 100 feet west of the crestline. Project Plan sheets A0.4 and A0.5 illustrate how the proposed residence will not obstruct panoramic public views from and of the hillsides.

CD 7-2 Minimize the alteration of
existing landforms and maintain the
natural topographic characteristics
of the hillside areas, allowing only
minimal disruption.

Consistent. The proposed Project will be situated at the flattest portion of the lot to limit disruption to the existing natural topography by limiting cut and fill to 3,005 cubic yards and fill to 435 cubic yards for both construction phases. The total earthwork exported will be 2,570 cubic yards to
accommodate the home’s footprint and meet the grade
requirements to not be visible from the valley floor.

CD 7-3 Protect the natural character
of hillside areas by means of
contour grading to blend graded
slopes and terraces with the natural
topography.

Consistent. Minimal contour grading will be required for the construction of the new residence due to its siting on the flattest areas of the lot. All new contours will be designed to blend with the natural existing site contours as demonstrated in the civil drawings in the plan set.

CD 7-4 Avoid mass graded pads
within hillside areas. Smaller steps
or grade changes should be used
over single, large, slope banks to the
greatest extent feasible.

Consistent. The building pad is proposed at the flattest portion of the lot and will only necessitate minimal grading, including equal cut and fill. Grading has been minimized as much as feasibly possible in the Project, in that the site follows the site’s natural contours in an effort to preserve the natural terrain quality.

CD 7-5 Ensure that any change in
hillside land use is accompanied by
appropriate safety measures and that
the environmental constraints are
adequately addressed especially with
respect to runoff and erosion.

Consistent. No changes are proposed to the existing land use and zoning designation, as the subject site is to be used as a single-family residence.

Page 196 of 382 ends

Resolution No. ____
6 As described above, the Project is compatible and consistent with the surrounding uses and has been found to conform to the intent of the Milpitas 2040 General Plan designation. The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor.

SECTION 4: Planned Unit Development (Section XI-10-54.07(B)(6)(a-c)) – The Planning Commission makes the following standard requirements based on the evidence in the public record in support of the Planned Unit Development Amendment. PA21-0002:

1. The proposed development will result in an intensity of land utilization no higher than and standards of open spaces at least as high as permitted or specified otherwise for such development in the General Plan, Zoning Ordinance and Subdivision ordinance.

The permit amendment, along with the project, will result in an intensity no higher than and standards of open space at least as high as permitted, in that the PUD requirements mirror the Hillside combining zoning requirements, in regard to land utilization, planting, irrigation, and open space. This standard has been met.

2. The development will not create traffic congestion pursuant to the California Environment Quality Act (CEQA).

However, if traffic congestion is created by the proposed development, the traffic impacts will be mitigated by traffic improvements proposed by the developer or by funding capital projects and by on-site provisions for traffic circulation and parking or, if it cannot be mitigated, the Planning Commission and City Council shall issue any necessary findings pursuant to CEQA.

The project associated with the PUD permit amendment, will not create traffic congestion that will significantly and negatively affect existing traffic operations. This standard has been met.

3. For residential development in the Valley Floor Planning Area, as defined in the Milpitas General Plan Land Use Element, the maximum dwelling unit density per gross acre shall be the upper limit of the corresponding General Plan density range within each zoning designation. In the case of the Valley Floor Planning Area residential developments proposed on land zoned "R3" (Multiple Family Residential) an overall density of up to forty (40) units per gross acre can be approved if the following criteria are found by the City Council to be met The proposed the PUD permit amendment shall not have any effect on residential development density.

This standard has been met.

Furthermore, in order to grant a Planned Unit Development amendment, the following findings are hereby made pursuant to Milpitas Municipal Code Section XI-10-54.07(B)(6)(d):

1. Development of the site under the provisions of the Planned Unit Development will result in public benefit not otherwise attainable by application of the regulations of general zoning districts.

The amendment, along with the project, will result in a public benefit by conforming the PUD to current development standards and allow flexibility for a smaller garage, more square footage for the residential structure and changes to the exterior, without being detrimental to the light, air or privacy of any other structure or use currently existing or anticipated.

2. The proposed Planned Unit Development is consistent with the Milpitas General Plan.

The amendment, along with the project is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 2 above.

Page 197 of 382 ends

Resolution No. ____
7 3. The proposed development will be in harmony with the character of the surrounding neighborhood and will have no adverse effects upon the adjacent or surrounding development, such as shadows, view obstruction, or loss of privacy that are not mitigated to acceptable levels.

The architectural design and site planning of the proposed home are aesthetically compatible with the neighboring homes, with an emphasis of minimizing changes to the natural topography. The proposed home incorporates earth tone colors, creating harmony with the surroundings. The colors and materials of the proposed French chateau design are complementary to the neighboring residences. Additionally, the proposed home is on a 1.1-acre parcel sitting at a minimum of 40 feet set back from all property lines, with a minimum of 80 feet between the closest neighboring home, and therefore will not interfere with privacy.

SECTION 4: City Council Approval
Based on the foregoing, the City Council hereby approves Site Development Permit No. SD22-0013 to allow the development of a new single-family residence in the R1-H Single-family Residential Zoning District with an H Hillside Combining District located at 1321 Terra Vista Ct, based on the above findings and subject to the Conditions of Approval attached hereto as Exhibit 1 and incorporated herein.

PASSED AND ADOPTED this _____ day of___________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

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

Michael Mutalipassi, City Attorney

Page 198 of 382 ends

Resolution No. ____
8 CONDITIONS OF APPROVAL
1321 TERRA VISTA CT
SITE DEVELOPMENT PERMIT NO. P-SD22-0013 AND
PLANNED UNIT DEVELOPMENT AMENDMENT PA23-0001 (APN 029-07-012) General Conditions

1. General Compliance. The applicant and owner, including all successors in interest (collectively “Permittee”) shall comply with each and every condition set forth in this Permit. Site Development Permit No. SD22-0013 and Planned Unit Development Amendment PA23-0001 (“Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed or caused to be performed and this Resolution has been recorded by the Permittee with the Santa Clara County’s Recorder Office. (P)

2. Modifications to project. Any deviation from the approved site plan, floor plans, or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or designee. If the Planning Director or designee determines that the deviation is significant, the Permittee shall be required to apply for review and obtain approval of the Planning Commission, in accordance with the Zoning Ordinance. (P)

3. Effective Date. Unless there is a timely appeal filed in accordance with the Milpitas Zoning Code, the date of approval of this Permit is the date on which the decision-making body approved this Permit. (P)

4. Acceptance of Permit. Should Permittee fail to file a timely appeal within twelve (12) calendar days of the date of approval of this Permit, inaction by Permittee shall be deemed to constitute each of the following:
a. Acceptance of this Permit by Permittee; and
b. Agreement by the Permittee to be bound by, comply with, and to do all things required of or by Permittee pursuant to all of the terms, obligations, and conditions of this Permit.

5. Permit Expiration. Pursuant to Section XI-10-64.06 of the Milpitas Zoning Code, this Permit shall become null and void if the activity permitted by this Permit is not commenced within two (2) years from the date of approval, or for a project submitted with a tentative map, within the time limits of the approved tentative map.

Pursuant to Section XI-10-64.06(B) of the Milpitas Zoning Code, an activity permitted by this Permit shall be deemed to have commenced when the project:
a. Completes a foundation associated with the project; or b. Dedicates any land or easement as required from the zoning action; or c. Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner.

This permit shall become null and void if the work is added to, modified, or otherwise deviated from in any significant way from the approved site plan, building plan, floor plans, or other approved submittals as determined by the Planning Director or designee.

6. Time Extension. Pursuant to Section XI-10-64.07 of the Milpitas Zoning Code, unless otherwise provided by State law, Permittee shall have the right to request a one-time extension of the Permit if the request is made in writing to the Planning Division prior to the expiration date of the approval. (P)

Page 199 of 382 ends

Resolution No. ____
9 or occupancy permit, as applicable, Permittee shall pay in full the project account balance and establish a remaining balance of at least twenty-five percent (25%) of the required initial deposit. (P)

8. Notice. Pursuant to California Government Code Section 66020, any protest filed in court relating to the imposition of fees, dedication, reservations, or other exactions to be imposed on the development project shall be filed within ninety (90) days after the date of the adoption of this Resolution. This provision serves as notice from the local agency to the Permittee that the ninety (90) day period in which the applicant may file a protest has begun under California Government Code Section 66020(d)(1). (P)

9. Cost and Approval. Permittee shall fully complete and satisfy each and every condition set forth in this Resolution and any other condition applicable to the project to the sole satisfaction of the City. Additionally, Permittee shall be solely responsible and liable for the cost to satisfy each and every condition. Permittee shall pay all required fees and charges to City at the rate in effect at time of building permit issuance, or, the rate in effect when the fees and charges are due and paid in full to City. There is no vesting of any fees or charges with the adoption of this Resolution. (P)

10. Conditions. Each and every condition set forth in this Exhibit shall apply to the project and continue to apply to the project so long as the Permittee is operating the project under the permits and approvals in this Resolution. (P)

11. Compliance with Laws. The construction, use, and all related activity authorized under this Permit shall comply with all applicable local, state, and federal laws, rules, regulations, guidelines, requirements, and policies. (CA/P)

12. Previous Approvals. Permittee shall abide and continue to comply with all previous City approvals, permits, or requirements relating to the subject property, unless explicitly superseded or revised by this Permit. (P)

13. Indemnification. To the fullest extent permitted by law, Permittee shall indemnify, defend with counsel of the City’s choosing, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to (i) City's approval of the project, including but not limited to, the approval of the discretionary permits, maps under the Subdivision Map Act, and/or the City's related determinations or actions under the California Environmental Quality Act, and (ii) Permittee’s construction, operation, use, or related activity under this Permit. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. Permittee shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. Permittee shall pay to the City upon demand or, as applicable, to counsel of City’s choosing, any amount owed pursuant to the indemnification requirements prescribed in this condition. (CA)

14. Revocation, Suspension, Modification. This Permit may be suspended, revoked, or modified in accordance with Section XI-10-63.06 of the Milpitas Zoning Code. (P)

15. Severability. If any term, provision, or condition of this Permit is held to be illegal or unenforceable by the Court, such term, provision, or condition shall be severed and shall be inoperative, and the remainder of this Permit shall remain operative, binding, and fully enforceable.

Page 200 of 382 ends

Resolution No. ____
10 16. Permittee shall develop the approved project in conformance with the approved plans approved by the Planning Commission on October 25, 2023, in accordance with these Conditions of Approval. (P) Any deviation from the approved site plan, elevations, materials, colors, landscape plan, or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is significant, Permittee shall be required to apply for review and obtain approval of the Planning Commission or City Council, as applicable, in accordance with the Milpitas Zoning Code. (P)

17. Response to Conditions of Approval. Permittee shall provide a written response to comments upon submittal for building permit application. The responses should clearly indicate how each condition of approval has been addressed in the plans and shall note the appropriate plan sheet. (P)

18. Prior to the issuance of a building permit, the owner or designee shall include within the four first pages of the working drawings for a plan check, a list of all conditions of approval imposed by the final approval of the project. (P)

19. Streets shall be designed to generally follow the contours and land form in order to minimize cut and fill.

Exposed walls and facing roadways and retaining walls shall be no greater than six feet in height. Crib walls fencing roadways shall be no greater than 15 feet in height. (P)

20. Landscaping coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation or to replace removed natural vegetation and should recognize climatic, soil, and ecologic characteristic of the region. Plan materials that require excessive water after becoming established should be avoided. (P)

21. Trees which have a six inch or greater diameter trunk size at a point three feet above grade may not be removed without obtaining prior approval from the City. The location of all such trees shall be shown on all plans submitted for approval. The Planning Commission, upon review of an “S” Zone application approval, shall have the power to authorize removal, relocation or replacement if the Permittee can show that such requirement is unreasonable as applied to the particular property. If the removal is permitted, the replacement of any trees removed pursuant to this section shall be at a five to one (5:1) ratio. (P)

22. The proposed home is located east of the Crestline and is subject to a maximum height of 1.5 stories or 26 feet. (P)

23. Within six months, or such other period established by the Planning Commission, after the commencement of grading activities, all graded areas not covered by an impervious surface shall be stabilized in such manner as shall be approved by the Community Development Manager. (P)

24. Where two cut-or-fill slopes intersect, the intersection shall be horizontally rounded and blended. (P)

25. Where any cut-or-fill slopes intersect the natural grade, the intersection of each slope shall be vertically and/or horizontally rounded and blended. (P)

26. Fees: Upon reviewing Exhibit B from the Subdivision Improvement Agreement, it appears that a number of fees were deferred to be paid before building permit issuance. Those fees are listed here:
a. Prior to the final (occupancy) of each building, a cash fee ($1333.00/per dwelling unit) to cover the development pf park and recreations areas shall be collected by the City for the granting of the PUD.

Page 201 of 382 ends

Resolution No. ____
11 27. Prior to Building Permit Issuance, the applicant must demonstrate proof in accordance with “Special Conditions – P.U.D. No. 68 and Vesting Tentative Map “Countryside Estates,” that the development at “ADDRESS OF DEVELOPMENT” will be serviced by a fire hydrant that meets the minimum water demand of 1,500 hydrant fire flow to the satisfaction of the Deputy Fire Chief, or his designee. (P) Fire Department

23. The project/development shall comply with the requirements of the Fire Department and the California Fire Code, as outlined, as may be amended by the City of Milpitas. Changes to the site plan and/or internal circulation shall be reviewed and approved by the Fire Department. (F)

24. Electronic Documents. The fire code official may require electronic base documents for all construction documents and operational permits. The fire code official shall designate the software base format for the electronic documents. CFC Section 105.4.2.2, added by MMC Section V-300-2.11, and CFC Section 102.10

25. Fire Department Access. Sheets A-1.0C shows an acceptable Fire Dept. apparatus access. Fire apparatus access roads shall be provided for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building. Fire apparatus access shall meet the following:
a. Fire apparatus access shall extend to within 150 feet of all portions of exterior walls of the building/ structure per the California Fire Code Section 503.1.
b. The private road shall be designed for fire apparatus access. Fire Access Dimensions, fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096mm). CFC Section 503.2.1 Exception:

Milpitas Municipal Code XI-10-45.11

45.11-1 Privately owned and maintained access from the public road to each single-family dwelling shall be a minimum of fourteen (14) feet in width. Turning radius shall be designed to meet the Fire Department’s requirements.

45.11-2 Turnout space shall be provided on driveways over one hundred fifty (150) feet in length with a maximum spacing of one hundred fifty (150) feet if driveway is less than eighteen (18) feet wide.

45.11-3 Turnaround. All dwelling units shall provide an on-site area for vehicles to turn around if served by a driveway over one hundred fifty (150) feet in length to meet Fire Department’s requirements.

45.11-4 Vertical Clearance. All privately owned and maintained roads and drives shall assure a minimum fourteen (14) foot vertical clearance.
c. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather capabilities. Bearing capacity for the driveway and the entry drive court shall be designed to provide a minimum of 60,000 lbs. bearing capacity for the fire apparatus. CFC Section 503.2.3
d. When there is a dead-end condition, means for fire apparatus turn-around shall be provided as per the CA Fire Code Section 503.2.5. The Fire Department reserves the right to request site design changes as needed to meet the requirements of the CFC, and/or make the request for additional fire protection measures in conformance with the CFC Section 102.9.

Page 202 of 382 ends

Resolution No. ____
12 e. The grade (maximum 10%) of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department’s apparatus. CFC Section 503.2.7. f. Electric gates. Where provided, gates shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. CA Fire Code Section 503.5
Electric gates shall also be provided with a Milpitas Fire Department approved “Knox” electronic switch in addition to the keypad. CA Fire Code Section 102.9

26. Premises identification. New and existing buildings shall have approved address numbers. Address numbers shall be illuminated and located where they are clearly visible from the street. CFC Section 505.

27. Water supply requirements. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 meters) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. CFC Section 507.5.1 Exception: For Group R-3 and Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet.

28. Sprinkler system supervision and alarms, and monitoring. It is recommended that due to the location of the home (hillside) the automatic fire sprinkler system for this home be a system that has supervision and alarm, and monitoring system in conformance to the CA Fire Code Section 903.4.

Building Department

29. Compliance with Building Code of Regulations. The Project shall comply with the requirements of the Building Safety and Housing Department and the California Code of Regulations Title 24 and the Milpitas Municipal Code as adopted by the City. Building permits shall be submitted to and approved by the Building Safety and Housing Department prior to start of construction. All California Code of Regulations Title 24 and Milpitas Municipal Code requirements applicable at the time of building permit application must be met in advance of any building permit approvals or related construction. Changes to the site plan and/or building plan require review and approval by the Building Safety and Housing Department. (B) Engineering Department

PRIOR TO CONSTRUCTION PLAN SUBMITTALS
The following conditions shall be met prior to any detailed construction plan check submittals (Building or Engineering, except demolition and rough grade plans), unless otherwise approved by the Director of Engineering/City Engineer. City reserves the right to reject any plan check submittal if any of the following conditions are not met. (E)

12. Modifications: The Site Development Plan dated September 1, 2023 is subject to change during the plan check stage based upon City’s previous comments and conditions stated herein.

Page 203 of 382 ends

Resolution No. ____
13 13. Stormwater Control Plan: Permittee shall submit City approved final Stormwater Control Plan (SWCP) that complies with the latest Municipal Regional Stormwater NPDES Permit, including Low Impact Development (LID) Section C3.c.i.(2)(b) measures for harvesting and reuse, infiltration, or evapo-transpiration, for City’s review and approval by the Engineering Department.

14. Submittal Requirements: Permittee to ensure that all plan check submittals are in accordance with City’s submittal check list for each permit type, including but not limited to, payment of permit fees and/or fee deposit at the time of the submittal.

15. Project Job Account/Fee Deposit: Permittee shall open a new PJ account as a deposit to cover the costs for Engineering Department’s services for review and inspection of the project. The amount shall be determined based on the approved City fee schedule at the time of application submittal.

PRIOR TO OFF-SITE PLAN APPROVAL/ENCROACHMENT PERMIT ISSUANCE The following conditions shall be addressed as part of the off-site improvement plan review and shall be met prior to encroachment permit issuance, unless otherwise approved by the Director of Engineering/City Engineer. (E)

16. Public Improvement Design Standards: All public improvements shall be designed and constructed in accordance with all applicable public improvement design standards, including but not limited to:
a. Milpitas Design Guidelines: (http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/designguidelines/); b. Standard details and specifications:
(http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/standard-details-and-specifications/); c. Americans with Disabilities Act (ADA) requirements, where applicable.

17. Sanitary Sewer Calculations: Permittee shall submit a completed “Sewer Needs Questionnaire” form and sanitary sewer calculations to justify lateral size design, allocation of discharge for each of the lateral, and impact to the existing main. Permittee shall be responsible to implement any necessary improvements if there is any identified deficiency to the existing main as a result of the project.

18. Storm Drain Design: Permittee shall submit storm drain hydrology and hydraulic calculations based upon a 10-year storm event to justify the size of the storm drain lateral flowing full, without surcharging the main line pipe, and to be reviewed and approved by the Engineering Department.

19. Domestic Water and Fire Service Calculations: Permittee shall submit potable water and fire service calculations to confirm adequacy of lateral size, pressure and flow, to be reviewed and approved by the Engineering Department and Fire Department. Hydraulic modeling analysis by the City and paid by the Permittee may be required as needed. Permittee shall be responsible to implement any necessary improvements if there is any identified deficiency to the existing main as a result of the project.

20. Specific Improvements: In addition to standard public improvements required under Milpitas Municipal Code (MMC) Title XI, Chapter 1, Section 7, Permittee shall install other specific improvements listed below including incidental improvements as required by the City as part of the encroachment permit.

Page 204 of 382 ends

Resolution No. ____
14 21. Relocation and Adjustment of Existing Public Utilities: Permittee shall relocate and/or adjust existing public utilities as needed that are in conflict with the proposed improvements.

22. Water Service Agreement: Permittee shall complete a water service agreement to obtain water service.

23. Encroachment Permit: Prior to any work in the public right-of-way and/or public easement, obtain an encroachment permit with insurance requirements for all public improvements including a traffic control plan per the latest California Manual on Uniform Traffic Control Devices (MUTCD) standards to be reviewed and approved by the Engineering Department.

PRIOR TO BUILDING PERMIT ISSUANCE
The following conditions shall be addressed during the building plan check process and shall be met prior to any building permit issuance (except demolition permit and rough grade permit), unless otherwise approved by the Director of Engineering/ City Engineer. (E)

24. Water Supply and Force Majeure: The City reserves the right to suspend the issuance of building permits in case of an emergency declaration of water supply in the case of a major catastrophic event that restricts City’s assurance to provide water supply.

25. Water Efficient Landscapes: Permittee shall comply with Milpitas Municipal Code Title VIII, Chapter 5 Water Efficient Landscapes for landscape design, including but not limited to, providing separate water meters for domestic water service and irrigation service and providing applicable landscape documentation package.

26. Private utilities shall run within their recorded easements.

27. Fees: Upon reviewing Exhibit B from the Subdivision Improvement Agreement, it appears that a number of fees were deferred to be paid before building permit issuance. Those fees are listed here, as well as additional fees that may apply:

Exhibit B fees:
a. Hillside water reimbursement fee: $8,550
b. Treatment Plant Fee: $880 per dwelling
c. Cost of meter purchases: these were listed in Exhibit B, but the City no longer collects those. Instead we have the customer order the meters through our supplier and pay the supplier directly.

Other Fees
d. Sewer connection fee: $1,908 single family parcel (separate from Treatment Plant fee)

28. Mailboxes: The Permittee shall coordinate with US Postal Services regarding placement of required mailboxes. Mailbox location shall not be on public street frontages and shall be approved by City and US Postal Services prior to building permit issuance. Mailbox locations shall be shown on the improvement plans and Permittee shall submit a letter to the City’s Land Development Engineering Section from the Postmaster approving the location of the mailbox. Structures to protect mailboxes may require Building, Engineering and Planning Department review.

DURING CONSTRUCTION
The following conditions shall be complied with at all times during the construction phase of the project, unless otherwise approved by the Director of Engineering/City Engineer. (E)

Page 205 of 382 ends

Resolution No. ____
15 29. Dewatering: If dewatering is needed during construction, Permittee shall obtain a Short-Term Industrial Wastewater Permit from the San Jose/Santa Clara Water Pollution Control Plant for discharging the groundwater to a sanitary sewer system.

30. Prohibition of Potable Water Usage: Permittee shall use recycled water for construction purposes, including dust control and compaction. Permittee shall comply with MMC VIII-6-5.00 and 6-6.00 where potable water usage is prohibited, unless otherwise approved by the City Council.

31. Construction Staging and Employee Parking: Permittee shall place all construction related materials, equipment, and arrange construction workers parking on-site and not located in the public right-of-ways or public easements.

32. Water Shut-down Plan: Permittee shall provide a water shut-down plan at least seven days in advance of the shut-down in coordination with the Engineering Inspector and notify affected property owners/tenants when cut-in tee(s) is/are required.

PRIOR TO FIRST OCCUPANCY
The following conditions shall be met prior to first building occupancy on either lot, unless otherwise approved the Director of Engineering/City Engineer.

33. Landscape Certificate of Completion: Permittee shall submit a Certificate of Substantial Completion that complies with the Milpitas Municipal Code Water Efficient Landscapes ordinance.

34. Record Drawings: Permittee shall submit record drawings in Full size hard copy, AutoCAD, Tiff, and PDF formats for City records. Record drawings shall include all public improvements. Additionally, if the project uses recycled water, the permittee shall also submit record drawings of on-site irrigation facilities.

35. Private Job (PJ) Balance: Permittee shall pay for any remaining balance from the Private Job deposit. (P) = Planning
(B) = Building
(E) = Engineering
(F) = Fire Prevention
(CA) = City Attorney

NOTICE OF RIGHT TO PROTEST
The Conditions of Project Approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), began on date of adoption of this resolution. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

AGREEMENT
Permittee/Property Owner

Page 206 of 382 ends

Resolution No. ____
16 The undersigned agrees to each and every condition of approval and acknowledges the NOTICE OF RIGHT TO PROTEST and hereby agrees to use the project property on the terms and conditions set forth in this Permit.

Dated: _________________ ______________________________________ Signature of Permittee

Page 207 of 382 ends

Page 208 of 382 ends

Page 209 of 382 ends

Page 210 of 382 ends

Page 211 of 382 ends

Page 212 of 382 ends

Page 213 of 382 ends

Page 214 of 382 ends

Page 215 of 382 ends

Page 216 of 382 ends

Page 217 of 382 ends

Page 218 of 382 ends

Page 219 of 382 ends

Page 220 of 382 ends

AGENDA IX-1

MILPITAS PLANNING COMMISSION

STAFF REPORT
October 25, 2023
APPLICATION: NEW HILLSIDE RESIDENCE - 1321 TERRA VISTA COURT (LOT 4) - Site Development Permit No. SD22-0013 and PUD Amendment No. PA23-0001: A request for an Amendment to the development standards for a single-family home within Planned Unit Development No. 68 (Countryside Estates) to deviate from the approved designs for that single-family home and a Site Development Permit to construct a 4,929 square-foot, two-story, single-family residence with an attached three-car garage on a 1.1- acre vacant site located in the R1-H Single-family ResidentialHillside Zoning District with a Site and Architectural (-S) Overlay at 1321 Terra Vista Court (Countryside Estates, Lot 4).

RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 23-015 approving and recommending City
Council approval of Site Development Permit SD22-0013 and Planned Unit Development Amendment PA23-0001, subject to the attached Conditions of Approval.

LOCATION:

Address/APN: 1321 Terra Vista Court (APN 029-07-012)
Area of City: Northeastern portion of the City of Milpitas in the hillside area PEOPLE:

Project Applicant: Eugene Sakai, Studio S Squared Architecture, Inc.

Project Planner: Randy Baez, Associate Planner
LAND USE:

General Plan Designation: Hillside Low-Density (HLD)
Zoning District: Single Family Residential-Hillside (R1-H) Planned Unit Development: No. 68 (Countryside Estates)
Site Area: 1.1 acres
ENVIRONMENTAL: Categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303(a) (New Construction or
Conversion of Small Structures) and Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

Page 221 of 382 ends

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 2 of 11 Map 1
3D Aerial Project Location
Map 2
Zoning Map
Project Site
Project Site

Page 222 of 382 ends

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 3 of 11

BACKGROUND
History
On November 17, 1992, the City Council approved Planned Unit Development (PUD) No. 68 (Countryside Estates) to allow the construction of six hillside residential home sites on a 24.5-acre parcel. Each home site would be reviewed separately under the provisions of an “S” Zone Application or Site Development Permit and subject to a precise building envelope established by the PUD. To date, lots 2 and 6 have been approved for development.

Process
In addition to satisfying the substantive and procedural requirements typically applicable to a Site Development Permit and Planned Unit Development Amendment, because of the project’s location within the Hillside Combining District (“H”), the application must be considered by both the Planning Commission and the City Council (Milpitas Municipal Code [MMC] Section XI-10-

45.09) for conformance with the Hillside Site and Architectural Guidelines.

PROJECT DESCRIPTION
Overview
The project site is an undeveloped 1.1-acre parcel located at the intersection of Country Club Drive and Terra Vista Court within Planned Unit Development No. 68: Countryside Estates. The property and neighboring properties are zoned Single Family Residential – Hillside. The project site is located on the east side of the hillside crest line. A vicinity map of the subject site location is shown on Map 1.

The applicant is requesting a Site Development Permit and a Planned Unit Development Amendment to construct a 4,929-square foot, two-story single-family residence and a 797 squarefoot accessory structure (Accessory Dwelling Unit) on a 1.1-acre vacant lot. The residence will include an attached 1-car and 2-car garage, in addition to three off-street parking spaces access from the swing-in driveway. The project also includes an amendment to Planned Unit Development No. 68 to include the following change:

1. Changes to exterior finishes and design to allow for a contemporary Chateau design for this lot, which will include painted stucco, stone veneer, and a standing seam metal roof.

Location and Context
The project site is located in the northeastern portion of the City of Milpitas in the hillside area.

Map 2 and the following table provide a summary of the Zoning and Land Uses surrounding the site
Table 1: Surrounding Zoning and Land Uses
General Plan Zoning Existing Use
Subject Site Hillside Low Density
(HLD)
Single-Family ResidentialHillside (R1-H)Vacant
North Hillside Low Density
(HLD)
Single-Family ResidentialHillside (R1-H)Vacant
South Hillside Low Density
(HLD)
Single-Family ResidentialHillside (R1-H)Single-Family Home

Page 223 of 382 ends

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 4 of 11 East Hillside Low Density
(HLD)
Single-Family ResidentialHillside (R1-H)Vacant
West Hillside Low Density
(HLD)
Single-Family ResidentialHillside (R1-H)Vacant

PROJECT ANALYSIS
General Plan and Zoning Conformance
Milpitas General Plan 2040
The General Plan designation for the project site is Hillside Low Density (HLD). The General Plan details the goals, objectives and policies for the City’s Hillside Area. It is characterized by gentle to steep slopes, grassy terrain with some chaparral and trees, wildlife, geologically unstable areas, the Ed R. Levin County Regional Park, and a feeling of remoteness from the more urban portions of the city. The Hillside Low Density designation allows a maximum of one (1) housing unit per gross acre. The project is in conformance with the policies and standards in the City’s General Plan policies, as outlined in the following table:

Table 2: General Plan Consistency
Policy Conformance
CD 7-1 Maintain the visual character of
hillsides, recognizing both the importance of
the exposure of hillside development from offsite public views and the importance of providing panoramic public views from and of
hillsides.

Consistent. The proposed Project will not
impact the visual character of the hillside from
the valley floor or other viewpoints, as the
project site is located over 100 feet east of the
crestline. Project Plan sheets A0.4 and A0.5
illustrate how the proposed residence will not
obstruct panoramic public views from and of
the hillsides.

CD 7-2 Minimize the alteration of existing
landforms and maintain the natural
topographic characteristics of the hillside
areas, allowing only minimal disruption.

Consistent. The proposed Project will be
situated at the flattest portion of the lot to limit
disruption to the existing natural topography by
limiting cut to 3,005 cubic yard and fill to 435
cubic yards for both construction phases. The
total earthwork exported will be 2,570 cubic
yards to accommodate the home's footprint and
meet the grade requirements to not be visible
from the valley floor.

CD 7-3 Protect the natural character of
hillside areas by means of contour grading to
blend graded slopes and terraces with the
natural topography.

Consistent. Minimal contour grading will be
required for the construction of the new
residence due to its siting on the flattest areas
of the lot. All new contours will be designed
to blend with the natural existing site contours
as demonstrated in the civil drawings in the
plan set.

CD 7-4 Avoid mass graded pads within
hillside areas. Smaller steps or grade
Consistent. The building pad is proposed at
the flattest portion of the lot and will only

Page 224 of 382 ends

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 5 of 11 changes should be used over single, large,
slope banks to the greatest extent feasible.
necessitate minimal grading to accommodate
the residence. Grading has been minimized as
much as feasibly possible in the Project, in that
the site follows the site's natural contours in an
effort to preserve the natural terrain quality.

CD 7-5 Ensure that any change in hillside
land use is accompanied by appropriate
safety measures and that the environmental
constraints are adequately addressed
especially with respect to runoff and erosion.

Consistent. No changes are proposed to the
existing land use and zoning designation, as
the subject site is to be used as a single-family
residence.

Development Standards
The site is located in the R1-H Single-Family Residential-Hillside Combining District. The “H” Zoning District promotes and encourages the orderly development of the hillside area of the City by the application of regulations and requirements established to meet the particular constraints associated with the development of hillside areas, including, but not limited to, geologic problems, slope, safe access, and visibility.

Per MMC Section XI-10-45.17-3, the subject parcel is less than 3.0-acres, which allows for the smallest maximum size for the main residence and the least amount of impervious surface coverage compared to parcels over this acre threshold. The project applicant chose to conform to development standards within its maximum limitations. Table 3 demonstrates the Project’s consistency with the applicable development standards of the R1-H zone and PUD # 68.

Table 3: Summary of Development Standards
Standards Hillside & PUD 68
Requirements
Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%.

Otherwise, 40 ft.
minimum
55 ft. and 7 inches from
the property line Yes
Side Yard Setback 40 ft. minimum 44 ft. and 11 in. on south; 50 ft. and 8.5 in. on north.

Yes
Rear 40 ft. minimum 127 ft. and 7.5 inches Yes
Size of Main
Residence
6,000 sq. ft. maximum
(lots < 3 acres) 4,929 sq. ft. Yes
Impervious Surfaces 8,000 sq. ft. maximum
(lots < 3 acres) 7,339 sq. ft. Yes
Building Height
(Maximum)
17 ft. west of crestline;
27 ft. east of crestline
/ 1 ½ stories
1 ½ story or 26 feet and

10.5 inches
Yes
Parking Four spaces required Six spaces (three inside
garage & three outside) Yes

Page 225 of 382 ends

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 6 of 11 Standards Hillside & PUD 68
Requirements
Proposed Complies
Crestline Zone of
Protection
Within three hundred
(300) feet easterly of the
crestline, structure heights
shall be restricted so that
no structure extends above
the crestline site line
Within 300 ft east of the
crestline, not visible from
the three closest
viewpoints nor does the
height of the structure
extend into the crestline
site line
Yes
Due to the subject property’s location, the project is also required to comply with the development standards in the City’s Hillside Combining District. Per MMC Section XI-10-45.09-7 of the Zoning Ordinance, the Planning Commission and City Council shall consider the following guidelines in its review. Staff has determined the Project to be consistent with the Hillside Architectural Guidelines as demonstrated in Table 4 below.

Table 4: Hillside Zoning Ordinance Compliance
Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
(a) Avoid unreasonable interference with
Views and Privacy. The height, elevations
and placement on the site of the proposed
main or accessory structure, when
considered with reference to the nature and
location of residential structures on adjacent
lots, will avoid unreasonable interference
with views and privacy.

Consistent. Due to the proposed location and
minimal scale of the home relative to the
maximum allowable size outlined in Table 3, the
development will not substantially interfere with
views and privacy to adjacent lots. In addition,
the proposal exceeds all setback requirements, is
within its 27-foot, two-story height limit at 26-feet
and 10.5 inches, and substantially setback from
adjacent property lines to the north and south,
which minimizes interference with views and
privacy. Additionally, the lot to the west is
dedicated as Common Area only and will not be
developed with future residential uses.
(b) Preserve Natural Landscape. The
natural landscape will be preserved insofar
as practicable by designing structures to
follow the natural contours of the site and
minimizing tree and soil removal.

Consistent. The project site is currently vacant
and undeveloped and has no existing trees. As
such, no trees will be removed. As proposed, the
design of the house is carefully sited to be built on
the flattest portions of the lot, following the
natural landscape and existing contours of the site
to limit cut to 3,005 cubic yards and fill to 435
cubic yards, with a net export of 2,570 cubic
yards. Minimal landscaping is also proposed,
including 22 mid-size trees and various flowering
plants, ground cover, succulents and shrubs.

Page 226 of 382 ends

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 7 of 11 Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
(c) Minimize Perception of Excessive Bulk.

The design of the proposed main and /or
accessory structure(s) in relation to the
immediate neighborhood should minimize
the perception of excessive bulk.

Consistent. The proposed design includes
varying rooflines, a clear delineation of different
colors and materials, and punctuation of certain
front and side facing elevations to remove the
perception of bulk within the one-and-a-half-story
residence. The footprint of the proposed home is
also angled in its orientation to the front property
line, thus minimizing the perception of excessive
bulk. Furthermore, as described above and shown
in Table 3, the proposed main residence is
proposed to be sized in scale closer to immediate
neighbors’ proposed residences built on lots less
than 3.0-acres in size. The overall building
footprint of the main residence on the 1.1-acre lot
is consolidated, and the remaining portions of the
lot will also remain undeveloped, and no
accessory structures are proposed.
(d) Impairment of Light and Air. The
proposed main or accessory structure(s)
shall not unreasonably impair the light and
air of adjacent properties nor unreasonably
impair the ability of adjacent properties to
utilize solar energy.

Consistent. The proposed home will not exceed
27 feet in height as permitted for homes east of the
crestline, and exceeds all minimum setbacks as
required by the Hillside development standards.

The proposed home also has a combination of
mansard-style and minimally pitched roof systems
that could be used to utilize future solar energy.

With regards to adjacent properties, the lot to the
west is reserved as Common Area and the
residences to the east are located greater than 429
feet away. As such, the proposed main residence
will not cause an impairment to the adjacent
properties access to light and air.
(e) Grading. All grading shall be kept to an
absolute minimum and shall comply with the
grading ordinance criteria.

Consistent. The proposed location of the main
dwelling is where the existing lot is most flat, and
grading is limited to 3,005 cubic yards of
necessary cut to accommodate the two-story
dwelling and modest pool and 435 cubic yards of
the grading will be repurposed as fill.

Planned Unit Development Amendment
The project is also located within PUD 68, which establishes total allowed square footage, total grading allowed, size of the garage and exterior finish materials. Per PUD 68 (adopted November 1992), the lot shall have a 3-car garage, 4,000-5,000 square feet of total allowable square footage for the residential structure, and only permits certain types of exterior finishes.

Page 227 of 382 ends

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 8 of 11 Staff has determined through analysis and research that PUD 68, also known as Countryside Estates, which was established to regulate the construction of six custom homes, is no longer reflective of the current development patterns of the Bay Area.

An increase in residential square footage is not required; however, Staff recommends amending the PUD for this lot to allow for the proposed changes in exterior finishes. In order to approve such changes, the Planning Commission must make the finding that these changes will not be detrimental to the light, air or privacy of any other structure or use currently existing or anticipated.

Site & Architectural Design
The project is designed in a modern Chateau style, which adds to the diversity of the neighborhood.

The exterior materials are composed of painted stucco, high quality stone veneer and a standing seam metal roof, with metal and stain grade wood accents. The articulation of the architectural forms blending with a variety of finishes creates an attractive front elevation, along with an integrated curved driveway pattern that enhances the house and the neighborhood. All exterior materials and finishes work together as a palette of earth tone colors creating harmony with the surroundings. The colors and materials are complementary to the neighboring residences and within an earth tone range.

Crestline Zone of Protection
In an effort to protect the quality of views of the hills from the valley floor, development standards related to the crestline have been incorporated into the Zoning Code. Per MMC Section XI-10-

45.06, the purpose of the crestline zone of protection is to preserve the natural quality of the crestline and the slopes immediately below, when viewed from the valley floor. In addition, Section 45.06-2 states that, in the area within three hundred (300) feet easterly of the crestline, structure heights shall be restricted so that no structure extends above the crestline site line. An exhibit was given to the applicant demonstrating the location of prominent crestlines identified by the City. To demonstrate compliance with the crestline zone of protection and site line, which is located within the rear half of the existing lot, the applicant installed “story poles” along the minimum setback line and took pictures from areas recognized by the City as vantage points and

Page 228 of 382 ends

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 9 of 11 required by the Hillside Ordinance Section XI-45-.06-3. Specifically, designated viewpoints VP2, VP3, and VP4 were included within this analysis. As demonstrated in Attachment C and plan Sheet A0.5, although cross section #3 for VP4 would intrude into the site line, the story pole tests confirm the project will not be visible from the valley floor, and therefore, is compliant with the Crestline Zone of Protection.

FINDINGS FOR APPROVAL (OR DENIAL)
A finding is a statement of fact relating to the information that the Planning Commission has considered in making a decision. Findings shall identify the rationale behind the decision to take a certain action. Based on substantial evidence in the public record, Staff has found that the proposed project is consistent with the General Plan, Zoning Ordinance, and all required Findings.

Site Development Permit Findings (Section XI-10-57-03-1(F))

1. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.

As described within the staff report, the architectural design and site planning of the proposed home is aesthetically compatible with the neighboring homes with an emphasis of minimizing changes to the natural topography. The proposed home incorporates earth tone colors and is sited in a manner as to not draw attention when viewed from the valley floor.

2. The project is consistent with the Milpitas Zoning Ordinance in that:

As described in table 3 above, the proposed home meets the development standards in the Single-Family Hillside Zoning District and Countryside Estates PUD 68 for setbacks, height requirements, and landscaping and is requesting an amendment to PUD 68 for exterior finishes.

3. The project is consistent with the Milpitas General Plan in that:

The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor.

Planned Unit Development (Section XI-10-54.07(B)(6)(a-d))

The permit amendment, along with the project, will result in an intensity no higher than and standards of open space at least as high as permitted, in that the PUD requirements mirror the

Page 229 of 382 ends

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 10 of 11 Hillside combining zoning requirements, in regards to land utilization, planting, irrigation, and open space. This standard has been met.

2. The development will not create traffic congestion pursuant to the California Environment Quality Act (CEQA). However, if traffic congestion is created by the proposed development, the traffic impacts will be mitigated by traffic improvements proposed by the developer or by funding capital projects and by on-site provisions for traffic circulation and parking or, if it cannot be mitigated, the Planning Commission and City Council shall issue any necessary findings pursuant to CEQA.

The project associated with the PUD permit amendment, will not create traffic congestion that will significantly and negatively affect existing traffic operations. This standard has been met.

The proposed the PUD permit amendment shall not have any effect on residential development density. This standard has been met.

Furthermore, in order to grant a Planned Unit Development amendment, the following findings are hereby made pursuant to Milpitas Municipal Code Section XI-10-54.07(B)(6)(d):

1. Development of the site under the provisions of the Planned Unit Development will result in public benefit not otherwise attainable by application of the regulations of general zoning districts.

2. The proposed Planned Unit Development is consistent with the Milpitas General Plan.

The amendment, along with the project is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 2 above.

3. The proposed development will be in harmony with the character of the surrounding neighborhood and will have no adverse effects upon the adjacent or surrounding development, such as shadows, view obstruction, or loss of privacy that are not mitigated to acceptable levels.

Page 230 of 382 ends

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 11 of 11 The architectural design and site planning of the proposed home are aesthetically compatible with the neighboring homes, with an emphasis of minimizing changes to the natural topography. The proposed home incorporates earth tone colors and is tucked into the hillside as to not draw attention to it when viewing from the valley floor. All exterior materials and finishes work together as a palette of earth tone colors, creating harmony with the surroundings. The colors and materials of the proposed French chateau design are complementary to the neighboring residences. Additionally, the proposed home is on a 1.1- acre parcel sitting at a minimum of 40 feet set back from all property lines, with a minimum of 80 feet between the closest neighboring home, and therefore will not interfere with privacy.

ENVIRONMENTAL REVIEW
The proposed Project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures) and Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning).

PUBLIC COMMENT/OUTREACH
Staff provided public notice for the application in accordance with City and State public noticing requirements. At the time of writing this report, there have been no inquiries from the public. A notice was published in the Milpitas Post on October 13, 2023. In addition, 18 notices were sent to owners and occupants within 300 feet of the project site. A public notice was also provided on the project site, on the City’s Website, www.ci.milpitas.ca.gov, and posted at City Hall.

RECOMMENDATION
STAFF RECOMMENDS THAT the Planning Commission:

1. Open the Public Hearing to receive comments;

2. Close the Public Hearing; and

3. Adopt Resolution 23-015, approving and recommending the City Council approve the Site Development Permit No. SD22-0013 and Planned Unit Development Amendment PPA23-0001, to allow the construction of a single-family residence in the hillside district, subject to the findings and attached Conditions of Approval.

ATTACHMENTS
A: Resolution 23-015
B: Project Plans
C: Story Pole Installation

Page 231 of 382 ends

Page 1 of 17 ends

Resolution No. 22-015
RESOLUTION NO. 23-015

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILPITAS APPROVING AND RECOMMENDING APPROVAL OF SITE DEVELOPMENT PERMIT NO. SD22-0013 AND PLANNED UNIT DEVELOPMENT AMENDMENT PA23-0001 TO THE MILPITAS CITY COUNCIL TO DEVELOP A NEW HILLSIDE HOME LOCATED ON A VACANT 1.1-ACRE SITE AT 1321 TERRA VISTA CT (APN: 029-07-012). THE PROJECT SITE IS ZONED SINGLE FAMILY

RESIDENTIAL - HILLSIDE
WHEREAS, on December 16, 2022, an application was submitted by Eugene Sakai, of Studio S Squared Architecture, Inc. (“Applicant”), for a development proposal to allow the development of a 4,929-square foot, one and a half-story single-family residence (“Project”) on a vacant 1.1-acre site within Planned Unit Development No. 68 at 1321 Terra Vista Ct (APN: 029-07-012). The Project site is zoned Single Family Residential - Hillside; and
WHEREAS, Planned Unit Development Amendment Permit No. PA23-0013 is also required to allow for changes in the exterior finishes within this project from the associated Planned Unit Development Area, known as PUD 68; and
WHEREAS, the Planning Division completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), which assessment determined that the Project is exempt from CEQA review pursuant to Section 15303 (New Construction and Conversion of Small Structures) of the CEQA Guidelines and, as a separate and independent basis, pursuant to Section 15183 of the CEQA Guidelines; and
WHEREAS, on October 25, 2023, the Planning Commission held a duly noticed public hearing on the subject application, at which all those in attendance were given the opportunity to speak on Project; and WHEREAS, the Planning Commission has considered all of the written and oral testimony presented at the public hearing in making its decision; and
NOW THEREFORE, the Planning Commission of the City of Milpitas hereby finds, determines and resolves as follows:

SECTION 1: Recitals.

The Planning Commission 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 incorporated herein by reference.

SECTION 2: CEQA Finding
The project is exempt from further environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15303(a) for “New Construction or Conversion of Small Structures including one single-family residence, or a second dwelling unit in a residential zone,” because it can be seen with certainty that there is no possibility that these actions may have a significant effect on the environment. The Project’s proposed new construction of a single-family residence and its accessory structures are within a residentially zoned area on a legal parcel and none of the exceptions, as specified in Section 15300.2 of the CEQA Guidelines that would preclude applicability of this exemption are present. As a separate and independent basis, the Project is exempt

Page 232 of 382 ends

Page 2 of 17 ends

Resolution No. 22-015
from Section 15183 of the CEQA Guidelines as a project consistent with a community plan, general plan or zoning in that it is consistent with the development density established in the Milpitas General Plan and the applicable zoning and there are no project-specific significant effects which are peculiar to this project or its site.

SECTION 3: Site Development Permit (Section XI-10-57.03(F)(1)) - The Planning Commission makes the following findings based on the evidence in the public record in approving Site Development Permit No. SD22-0013:

1. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.

2. The project is consistent with the Milpitas Zoning Ordinance.

The proposed home meets the development standards in the Single Family Hillside Zoning District and Countryside Estates PUD 68 for setbacks, height requirements, and landscaping and is requesting an amendment to PUD 68 for exterior finishes. As demonstrated in Table 1 below.

Table 1:

Summary of Development Standards
Standards Hillside & PUD 68
Requirements
Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%.

Page 233 of 382 ends

Page 3 of 17 ends

Resolution No. 22-015
Due to the subject property’s location, the project is also required to comply with the development standards in the City’s Hillside Combining District. Per MMC Section XI-10-45.09-7 of the Zoning Ordinance, the Planning Commission and City Council shall consider the following guidelines in its review. Staff has determined the Project to be consistent with the Hillside Architectural Guidelines as demonstrated in Table 2 below.

Table 2:

Hillside Zoning Ordinance Compliance
Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
(a) Avoid unreasonable
interference with Views and
Privacy. The height, elevations and
placement on the site of the
proposed main or accessory
structure, when considered with
reference to the nature and location
of residential structures on
adjacent lots, will avoid
unreasonable interference with
views and privacy.

The natural landscape will be
preserved insofar as practicable by
designing structures to follow the
natural contours of the site and
minimizing tree and soil removal.

Consistent. The proposed design includes varying
rooflines, a clear delineation of different colors and
materials, and punctuation of certain front and side facing elevations to remove the perception of bulk within the
one-and-a-half-story residence. The footprint of the
proposed home is also angled in its orientation to the front property line, thus minimizing the perception of excessive bulk. Furthermore, as described above and shown in
Table 3, the proposed main residence is proposed to be
sized in scale closer to immediate neighbors’ proposed
residences built on lots less than 3.0-acres in size. The overall building footprint of the main residence on the 1.1- acre lot is consolidated, and the remaining portions of the lot will also remain undeveloped, and no accessory
structures are proposed.

Page 234 of 382 ends

Page 4 of 17 ends

Resolution No. 22-015
Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
(d) Impairment of Light and Air.

The proposed main or accessory
structure(s) shall not unreasonably
impair the light and air of adjacent
properties nor unreasonably impair
the ability of adjacent properties to
utilize solar energy.

Consistent. The proposed home will not exceed 27 feet in height as permitted for homes east of the crestline, and meets or exceeds all minimum setbacks as required by the Hillside development standards. The proposed home also
has a combination of mansard-style and minimally pitched roof systems that could be used to utilize future solar energy. With regards to adjacent properties, the lot to the west is reserved as Common Area and the residences to
the east are located greater than 429 feet away. As such, the proposed main residence will not cause an impairment to the adjacent properties access to light and air.
(e) Grading. All grading shall be
kept to an absolute minimum and
shall comply with the grading
ordinance criteria.

Consistent. As proposed, the proposed location of the
main dwelling is where the existing lot is most flat, but grading is limited to 3,005 cubic yards of cut to
accommodate the two-story dwelling and 435 cubic yards
of the grading will be repurposed as fill.

Grading and Landscaping
Due to the sloped lot and vehicular access requirements, the applicant has requested that the site be graded in order to make the site feasible for residential development. In an effort to limit the amount of ground to be removed, the applicant has proposed a site plan which locates the proposed home on the flattest portion of the site. Given the steep slope of the lot, grading was required to accommodate a two-story home with rear yard access. In order to minimize grading, the rear yard entry is located at the second floor, which requires considerably less grading than having the exit on the first floor. However, due to the property slope and proximity to the crestline, the project will result in 3,005 cubic yards of cut and 435 cubic yards of fill for the construction of a new home and the required grade at the driveway for firetruck access. 435 cubic yards of cut will be repurposed resulting in a net export of 2,570 cubic yards.

Furthermore, no grading is proposed in the crestline zone of protection and grading is limited to the near footprint of the home and rear patio area. The proposed landscape plan includes a variety of flowers, shrubs, succulents, and trees. As demonstrated in Attachment B (Project Plans), these plans are consistent with the grading/landscaping requirements within the Hillside Ordinance.

Page 235 of 382 ends

Page 5 of 17 ends

Resolution No. 22-015
immediately below, when viewed from the valley floor. The crestline zone of protection is defined as “the area westerly of the perceived crestline and between the perceived crestline and an elevation one hundred (100) feet below” (MMC Sec. XI-10-45.06-2). An exhibit was given to the applicant demonstrating the location of prominent crestlines identified by the City. To demonstrate compliance with the crestline zone of protection, which is located within the rear half of the existing lot, the applicant installed “story poles” along the minimum setback line and took pictures from areas recognized by the City as vantage points. Specifically, designated viewpoints VP2, VP3, and VP4 were included within this analysis. As demonstrated in Attachment C and plan Sheet A0.5, although cross section #3 for VP4 would intrude into the site line, the story pole tests confirm the project will not be visible from the valley floor, and therefore, is compliant with the Crestline Zone of Protection.

3. The project is consistent with the Milpitas General Plan.

Table 3:

General Plan Consistency
Policy Conformance
CD 7-1 Maintain the visual
character of hillsides, recognizing
both the importance of the exposure
of hillside development from off-site
public views and the importance of
providing panoramic public views
from and of hillsides.

CD 7-2 Minimize the alteration of
existing landforms and maintain the
natural topographic characteristics
of the hillside areas, allowing only
minimal disruption.

Consistent. The proposed Project will be situated at the flattest portion of the lot to limit disruption to the existing natural topography by limiting cut to 3,005 cubic yards and fill to 435 cubic yards for both construction phases. The total earthwork exported will be 2,570 cubic yards to accommodate the home’s footprint and meet the grade requirements to not be visible from the valley floor.

CD 7-3 Protect the natural character
of hillside areas by means of
contour grading to blend graded
slopes and terraces with the natural
topography.

CD 7-4 Avoid mass graded pads
within hillside areas. Smaller steps
or grade changes should be used
over single, large, slope banks to the
greatest extent feasible.

Consistent. The building pad is proposed at the flattest portion of the lot and will only necessitate minimal grading to accommodate the residence. Grading has been minimized as much as feasibly possible in the Project, in that the site follows

Page 236 of 382 ends

Page 6 of 17 ends

Resolution No. 22-015
the site’s natural contours in an effort to preserve the natural terrain quality.

Consistent. No changes are proposed to the existing land use and zoning designation, as the subject site is to be used as a single-family residence.

As described above, the Project is compatible and consistent with the surrounding uses and has been found to conform to the intent of the Milpitas 2040 General Plan designation. The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor.

SECTION 4: Planned Unit Development (Section XI-10-54.07(B)(6)(a-d)) – The Planning Commission makes the following standard requirements based on the evidence in the public record in support of the Planned Unit Development Amendment. PA23-0001:

2. The development will not create traffic congestion pursuant to the California Environment Quality Act (CEQA). However, if traffic congestion is created by the proposed development, the traffic impacts will be mitigated by traffic improvements proposed by the developer or by funding capital projects and by onsite provisions for traffic circulation and parking or, if it cannot be mitigated, the Planning Commission and City Council shall issue any necessary findings pursuant to CEQA.

The project associated with the PUD permit amendment seeks to allow changes in exterior finishes from what was originally approved within PUD No. 68. This change in materials will not create traffic congestion that will significantly and negatively affect existing traffic operations. This standard has been met.

The proposed the PUD permit amendment will not have any effect on residential development density as the proposed density is consistent with both the allowed and existing residential density in the surrounding neighborhood. This standard has been met.

Page 237 of 382 ends

Page 7 of 17 ends

Resolution No. 22-015
SECTION 5: Furthermore, in order to grant a Planned Unit Development amendment, the following findings are hereby made pursuant to Milpitas Municipal Code Section XI-10-54.07(B)(6)(d):

1. Development of the site under the provisions of the Planned Unit Development will result in public benefit not otherwise attainable by application of the regulations of general zoning districts.

The amendment, along with the project, will result in a public benefit by allowing changes to the exterior that are not detrimental to the light, air, or privacy of any other structure or use currently existing or anticipated. The amendment will also allow for added public benefit by increasing and improving the variety of quality architecture within the neighborhood.

2. The proposed Planned Unit Development is consistent with the Milpitas General Plan.

The amendment, along with the project is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 3 above.

The architectural design and site planning of the proposed home are aesthetically compatible with the neighboring homes. The proposed home incorporates earth tone colors and is sited in a manner as to not draw attention to it when viewing from the valley floor. All exterior materials and finishes work together as a palette of earth tone colors, creating harmony with the surroundings. The colors and materials are complementary to the neighboring residences. Additionally, the proposed home is on a 1.14-acre parcel sitting at a minimum of 25-foot set back from all property lines and at a minimum of 80 feet from the closest neighboring home, and therefore will not interfere with privacy.

SECTION 6: The Planning Commission of the City of Milpitas hereby approves and recommends the City Council approve Site Development Permit No. SD22-0013 and Planned Unit Development Amendment PA23-0001 and adopt a resolution to allow the development of a single-family residence in the hillside district, based on the above findings and subject to the Conditions of Approval in the proposed Site Development Permit No. SD22-0013 and Planned Unit Development Amendment PA23-0001 attached hereto as Exhibit 1 incorporated herein.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Milpitas on October 25, 2023.

Chair
TO WIT:

I HEREBY CERTIFY that the following resolution was duly adopted at a regular meeting of the Planning Commission of the City of Milpitas on October 25, 2023, and carried by the following roll call vote:

Page 238 of 382 ends

Page 8 of 17 ends

Resolution No. 22-015

COMMISSIONER AYES NOES ABSENT ABSTAIN
Mercedes Albana
Dipak Awasthi
Bill Chuan
Larry Ciardella
Alexander Galang
Sonia Medina-Ashby

Page 239 of 382 ends

Page 9 of 17 ends

Resolution No. 22-015
EXHIBIT 1
SITE DEVELOPMENT PERMIT NO. P-SD22-0013 AND
PLANNED UNIT DEVELOPMENT AMENDMENT PA23-0001
1321 TERRA VISTA CT (APN 029-07-012)
The City of Milpitas Planning Commission and City Council approve Site Development Permit No. SD22-0013 and Planned Unit Development Amendment PA23-0001 in accordance with Section X1-10-45.09 and Section XI-10-54.07(B)(6)(a-d) of the Milpitas Municipal Code, subject to and conditioned upon all applicable State and local laws and regulations and the Conditions of Approval outlined below. This Permit is to allow the issuance of building permits for the proposed development of a 4,929-square foot, one and a half-story singlefamily residence (“Project”) on a vacant 1.1-acre site within Planned Unit Development No. 68 at 1321 Terra Vista Ct (APN: 029-07-012), subject to all necessary reviews, approvals, studies, and inspections for the issuance of such building permits. This Permit is also to amend Planned Unit Development No. 68 for this lot to allow the proposed changes to exterior finishes and design for a contemporary Chateau design, which will include painted stucco, stone veneer, and a standing seam metal roof.

APPROVED SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL:

General Conditions

Pursuant to Section XI-10-64.06(B) of the Milpitas Zoning Code, an activity permitted by this Permit shall be deemed to have commenced when the project:

Page 240 of 382 ends

Page 10 of 17 ends

Resolution No. 22-015
a. Completes a foundation associated with the project; or b. Dedicates any land or easement as required from the zoning action; or c. Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner.

7. Project Job Account. If Permittee’s project job account is at any time delinquent or below the required deposit amount, City will not continue to review or process the application until Permittee’s private job account is paid in full and the required deposit has been made. Additionally, prior to the issuance of any building permit or occupancy permit, as applicable, Permittee shall pay in full the project account balance and establish a remaining balance of at least twenty-five percent (25%) of the required initial deposit. (P)

Page 241 of 382 ends

Page 11 of 17 ends

Resolution No. 22-015
determinations or actions under the California Environmental Quality Act, and (ii) Permittee’s construction, operation, use, or related activity under this Permit. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. Permittee shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. Permittee shall pay to the City upon demand or, as applicable, to counsel of City’s choosing, any amount owed pursuant to the indemnification requirements prescribed in this condition. (CA)

14. Revocation, Suspension, Modification. This Permit may be suspended, revoked, or modified in accordance with Section XI-10-63.06 of the Milpitas Zoning Code. (P)

16. Permittee shall develop the approved project in conformance with the approved plans approved by the Planning Commission on October 25, 2023, in accordance with these Conditions of Approval. (P) Any deviation from the approved site plan, elevations, materials, colors, landscape plan, or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is significant, Permittee shall be required to apply for review and obtain approval of the Planning Commission or City Council, as applicable, in accordance with the Milpitas Zoning Code. (P)

19. Streets shall be designed to generally follow the contours and land form in order to minimize cut and fill.

Exposed walls and facing roadways and retaining walls shall be no greater than six feet in height. Crib walls fencing roadways shall be no greater than 15 feet in height. (P)

Page 242 of 382 ends

Milpitas City CouncilFebruary 20, 2024

Milpitas City Council
February 20, 2024