March 5, 2024 Milpitas City Council Agenda Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
AGENDA
TUESDAY, MARCH 5, 2024
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:
Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.
You may watch the Council meeting without providing public comment by accessing it via links here.
Meeting shall be livestreamed - Go to:
Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming
PUBLIC COMMENT INSTRUCTIONS
Oral public comments may only be provided live during the City Council meeting in person. All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items. Members of the public may submit written comments by email to [email protected].
The meeting will be streamed via Zoom for viewing purposes only. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_ny-b_zwPT06fd-kpBJ_r3g NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.
MILPITAS CITY COUNCIL CODE OF CONDUCT
• Be respectful and courteous (words, tone, and body language). • Model civility.
• Avoid surprises.
• Praise publicly and criticize privately.
• Focus on the issue, not the person.
• Refrain from using electronic devices while on the Council dais. • Disclose conflicts of interest and affiliations related to agenda items. • Separate governing from campaigning.
• The Council speaks with one voice after making policy on issues. • Respect the line between policy and administration.
• Council will hold one another accountable to comply with this Code of Conduct.
March 5, 2024 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (7:00 PM)
PLEDGE OF ALLEGIANCE
INVOCATION (Councilmember Phan)
PRESENTATIONS (7:05 PM)
● National Women's Heritage Month (Proclamation)
● Youth Art Month (Proclamation)
PUBLIC FORUM (7:15 PM)
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.
As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS
READING OF THE CITY COUNCIL CODE OF CONDUCT
APPROVAL OF AGENDA
CONSENT CALENDAR (7:20 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.
C1. Receive City Council Calendar of Meetings for March 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for March 2024.
C2. Approve City Council City Council Meeting Minutes of February 20 and 22, 2024 (Staff Contact:
Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Meeting minutes of February 20 and 22, 2024.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.
C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Review the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.
C5. Adopt Ordinance 298.1, An Ordinance of The City Council of the City of Milpitas Amending the Milpitas Municipal Code Title XI (“Zoning, Planning and Annexation”), Chapter 10 (“Zoning”), Section 13 (“Special Uses”), Subsection 13.15 (“Cannabis Uses”) to Prohibit and Regulate
March 5, 2024 Milpitas City Council Agenda Page 3
Cannabis Uses, Establishments, and Operations to the Fullest Extent Allowed by State Law (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) Recommendation: Move to waive second reading and adopt Ordinance 298.1, which would amend Subsection XI-10-13.15 of the Milpitas Municipal Code consistently with Senate Bill 1186 by regulating the delivery of medicinal cannabis and cannabis products and otherwise preserve the City’s prohibition against commercial cannabis to the fullest extent allowed after this change in State law.
C6. Adopt a Resolution Approving Memorandum of Understanding between the City of Milpitas and Milpitas Employees Association (MEA) Covering the Period of July 1, 2023 through June 30, 2025 (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086) Recommendation: Adopt a resolution approving Memorandum of Understanding between the City of Milpitas and Milpitas Employees Association (MEA) covering the period of July 1, 2023 through June 30, 2025.
C7. Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch) (Staff Contact: Roberto Alonzo, Public Works Division Manager - Engineering, 408-586-3316) Recommendation: Adopt a resolution initiating proceedings for the annual levy and collection of assessments and ordering the preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch).
C8. Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon) (Staff Contact: Roberto Alonzo, Public Works Division Manager - Engineering, 408-586-3316) Recommendation: Adopt a resolution initiating proceedings for the annual levy and collection of assessments and ordering the preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon).
C9. Award IFB 24-056 and Authorize the City Manager to Execute the Purchase Order with Econolite Control Products, Inc. in the amount of $100,017.01 for the Purchase of Traffic Detection Controllers, Cabinets, and Battery Backup Systems (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Recommendation: Award IFB 24-056 and authorize the City Manager to execute the purchase order with Econolite Control Products, Inc. in the amount of $100,017.01 for the purchase of traffic detection controllers, cabinets, and battery backup systems.
C10. Receive an Update on Storm Drain System Emergency Repairs and Improvements at Evans Road and Piedmont Creek and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: (1) Receive an update on the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.
C11. Adopt a Resolution to Approve Project Plans & Specifications; Reject a Bid Protest from Galaxy Construction Services, Inc., and Award Construction Contract to A&B Mechanical Inc, for Alviso Adobe House HVAC System, Project No. 5055 (Staff Contact: Michael Silveira, Public Works Division Manager - Engineering, 408-586-3303)
March 5, 2024 Milpitas City Council Agenda Page 4
Recommendation: Adopt a resolution to approve project plans & specifications; reject a bid protest from Galaxy Construction Services, Inc.; award the construction contract to the lowest responsible bidder submitting a responsive bid, A&B Mechanical, Inc., in the amount of $127,900.00; authorize the City Manager to execute the construction contract with A&B Mechanical, Inc.; and authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $25,600.00 for Alviso Adobe House HVAC System, Project No. 5055.
PUBLIC HEARINGS (7:30 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
12. 2024 Weed Abatement Public Hearing and Resolution Adoption to Abate the Weeds (Staff Contact: Arthur Belton, Deputy Fire Chief/Fire Marshal, 408-586-3384) Recommendation: Conduct a public hearing and adopt a resolution directing the County of Santa Clara Consumer and Environmental Protection Agency- Weed Abatement Program to abate the nuisance, keep an account of the cost, and embody such account in a report and assessment list to the City Council in accordance with the Milpitas Municipal Code.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (8:00 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.
ADJOURNMENT (8:05 PM)
KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.
Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)
APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.
Contact the City Clerk’s Office at 408-586-3001 for more information.
If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting.
You may request a larger font agenda.
Milpitas City Council Calendar
March 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 8:30 AM-Joint Venture
Silicon Valley: 2024
State of the Valley
Forum (CM, EC, HL)
2 3 4
5:00 PM-Monthly Mayor’s Meeting
with the Community Members
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
5 6:00 PM-Closed Session
7:00 PM-City Council
6 1:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
7:00 PM-Community Advisory
Commission (EC)
7 4:00 PM-Treatment Plant Advisory
Committee (CM)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
8 9
10 11
4:30 PM-Economic Development and
Trade Commission (CM)
12 13
7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
14 4:00 PM-SVRIA Board of Directors
(GB)
5:30 PM-CASCC Legislative Action
Committee (CM)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC JPA
Board of Directors (CM)
15 16
11:00 AM-2:00 PM- Holi
Festival (Cardoza Park(
17 18
7:00 PM-Science, Technology, and
Innovation Commission (GB)
7:00 PM-Library and Education
Commission (EC) (Milpitas Public
Library)
19 6:00 PM-Closed Session
7:00 PM-City Council
20 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
21 10:00 AM-VTA Congestion
Management Program & Planning
Committee (CM)
3:00 PM-CASCC Recycling & Waste
Reduction Commission (CM)
4:00 PM-VTA Policy Advisory
Committee (EC)
6:30 PM-Bay Area Water Supply
Conserv Agency (CM) (Oak Room -
San Mateo Main Library)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(HL)
22 23
10:00 AM-1:00 PM- Big
Bunny Scramble (Civic
Center Plaza)
24 25
7:00 PM-Arts Commission (EC)
26 27
4:00 PM-City/School Collaborative
Subcommittee (CM/EC) – (MUSD)
7:00 PM-Planning Commission
28 29 30
31 February 2024
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29
April 2024
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
National League of Cities Conference – Washington, D.C. (HL) National League
of Cities
Conference –
Washington, D.C.
(HL)
WELL Conference – San Jose, CA (CM)
February 20, 2024 Milpitas City Council Minutes Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
MINUTES
TUESDAY, FEBRUARY 20, 2024
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA The City Council of the City of Milpitas convened on the regular City Council meeting day in a Meeting of the Milpitas City Council on February 20, 2024, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 6:01 PM. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan (6:04 PM)
ABSENT:
City Attorney Mutalipassi announced the closed session items. The City Council adjourned to Closed Session at 6:03 PM
ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LEGAL COUNSEL - Existing Litigation Pursuant to Government Code section 54956.9
Kevin Moscuzza v. City of Milpitas, WCAB no. ADJ16972326 City as Defendant
(b) CONFERENCE WITH LEGAL COUNSEL - Existing Litigation Government Code § 54956.9
County Sanitation District 2-3, et al. v. City of San Jose, et al., Santa Clara Superior Court Case number 18CV325480
City as Plaintiff
The City Council reconvened at 7:00 PM.
CLOSED SESSION ANNOUNCEMENT:
City Attorney Mutalipassi indicated there was nothing to report out.
PLEDGE OF ALLEGIANCE
Vice Mayor Chua led the pledge of allegiance.
INVOCATION
Councilmember Barbadillo provided the invocation.
PRESENTATIONS
Mayor Montano and the City Council presented certificates to the 2023 Synopsys STEM Championship Winners and a proclamation in recognition of Rare Disease Day.
February 20, 2024 Milpitas City Council Minutes Page 2
PUBLIC FORUM
The following people spoke under Public Forum:
1. Charles Wright
2. Allysson McDonald
3. Voltaire Montemayor
4. Sophia Wright
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.
READING OF THE CITY COUNCIL CODE OF CONDUCT
Councilmember Barbadillo read the City Council Code of Conduct.
APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.
Motion/Second: Vice Mayor Chua/Councilmember Lien
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
CONSENT CALENDAR
Vice Mayor Chua asked to pull Item C9. Mayor Montano asked to pull Items C5 and C6.
There were the following public speakers:
1. Allysson McDonald
After discussion, motion: to approve the consent calendar, pulling Items C5, C6, and C9.
Motion/Second: Vice Mayor Chua/Councilmember Lien
by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
1. Receive City Council Calendar of Meetings for February and March 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for February and March 2024.
2. Approve City Council City Council Meeting Minutes of January 30 and February 6, 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved City Council Meeting minutes of January 30 and February 6, 2024.
February 20, 2024 Milpitas City Council Minutes Page 3
3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.
4. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Received Mayor Montano's recommendation and confirmed the promotion of Suresh Sinha to a full voting seat with an unexpired term ending January 2026 on the Science, Technology and Innovation Commission.
7. Approve an Amendment to the Agreement with Cornerstone Structural Engineering Group for Additional Design and Construction Services for S. Milpitas Boulevard Bridge at Penitencia Creek (Staff Contact: Michael Silveira, Public Works - Engineering Division Manager, 408-586- 3303)
Approved and authorized the City Manager to execute Amendment No. 1 to the Design Services Agreement with Cornerstone Structural Engineering Group in an amount not-to-exceed $500,000.00 for additional design and construction services for S. Milpitas Boulevard Bridge at Penitencia Creek - Project No. 2016.
8. FY 2023-24 2nd Quarter Financial Status Report for the Quarter Ended December 31, 2023 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Reviewed the FY 2023-24 Quarterly Financial Status Report for the quarter ended December 31, 2023.
10. 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)
Adopted Resolution No. 9300 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.
11. 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)
Considered the exemption in accordance with CEQA and adopted Resolution No. 9301 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.
12. Receive an Update on Storm Drain System Emergency Repairs and Improvements at Evans Road and Piedmont Creek and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) (1) Received an update on the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek; and (2) Determined by a four-fifths vote that the condition continues to constitute an emergency.
February 20, 2024 Milpitas City Council Minutes Page 4
13. Waive the Second Reading and Adopt Ordinance No. 239.8 to Amend Chapter 16 of Title XI of the Milpitas Municipal Code Relating to Storm Drainage Service Impact Fees (Staff Contact:
Christian Di Renzo, Public Works Director, 408-586-2602) (1) Waived the second reading of Ordinance No. 239.8; and (2) Adopted Ordinance No. 239.8 to amend Section 16 of Chapter 16 (“Stormwater and Urban Runoff Pollution Control”) of Title XI (“Zoning, Planning and Annexation”) of the Milpitas Municipal Code to be consistent with the newly adopted Storm Drainage Impact Fee and the City’s Development Impact Fee Program.
14. Approve Milpitas Arts and Culture Grant Request for Sunnyhills Neighborhood Association Juneteenth Event (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409; and Tegan McLane, Assistant Recreation and Community Services Director, 408-586-3212)
Approved Milpitas Arts and Culture In-kind Grant request from Sunnyhills Neighborhood Association for the use of Sunnyhills Albert Augustine Jr. Memorial Park for a Juneteenth Celebration on June 15, 2024.
LEADERSHIP AND SUPPORT SERVICES
15. Introduce Ordinance 298.1, An Ordinance of The City Council of the City of Milpitas Amending the Milpitas Municipal Code Title XI (“Zoning, Planning and Annexation”), Chapter 10 (“Zoning”), Section 13 (“Special Uses”), Subsection 13.15 (“Cannabis Uses”) to Prohibit and Regulate Cannabis Uses, Establishments, and Operations to the Fullest Extent Allowed by State Law (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) City Attorney Mutalipassi introduced the item. Assistant City Attorney Creech presented the report.
There were the following public speakers:
1. Voltaire Montemayor
Assistant City Attorney Creech and Police Chief Hernandez responded to questions from the City Council.
After discussion, motion: to (1) waive the reading beyond the title and introduce Ordinance 298.1, which would amend Subsection XI-10-13.15 of the Milpitas Municipal Code consistently with Senate Bill 1186 by regulating the delivery of medicinal cannabis and cannabis products and otherwise preserve the City’s prohibition against commercial cannabis to the fullest extent allowed after this change in State law; and (2) Make findings of exemption from environmental review pursuant to CEQA Guidelines Sections 15061(b)(3), 15183, 15305, and 15378.
Motion/Second: Vice Mayor Chua/Councilmember Barbadillo by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
16. Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff Through the Council-Approved Prioritization Process (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012)
City Manager Thomas introduced the item. Assistant City Manager Cano presented the report, citing there being only one item for consideration, the Affordable Housing Ordinance update.
February 20, 2024 Milpitas City Council Minutes Page 5
Mayor Montano recommended reviewing the percentage of units or changing the target to encourage building for very low income development. Vice Mayor Chua suggested keeping the percentage or lowering it to incentivize low or very low income development. Mayor Montano asked staff to present options to the City Council. Councilmember Lien suggested bringing in a consultant to examine feasibility and incentives for developers.
Economic Development Director Andrade provided additional comments regarding exploring a lower percentage to incentivize developers.
There were the following Public Speakers:
1. Voltaire Montemayor
There was unanimous consensus in support of the proposal.
ITEMS PULLED FROM CONSENT CALENDAR
5. Authorize and Approve Travel to Washington, D.C., for Councilmember Hon Lien from March 6 – 14, 2024; to Yosemite, CA, for Councilmember Anthony Phan from March 14 – 17, 2024; and to San Jose, CA, for Mayor Carmen Montano from March 15 – 16, 2024 (Staff Contact: Ned Thomas, City Manager, 408-586-3059)
Mayor Montano asked questions regarding one of the travel items up for approval.
There were the following Public Speakers
1. Voltaire Montemayor
Council discussion ensued.
Councilmember Barbadillo left at 8:34 PM.
After discussion, motion: to (1) Authorize and approve travel to Washington, D.C., for Councilmember Hon Lien to attend the National League of Cities Congressional City Conference from March 9 – 14, 2024, for a total not-to-exceed amount of $3,500 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings; (2) Authorize and approve travel to Yosemite, California, for Councilmember Anthony Phan to attend the CivicWell Policymakers Conference from March 14 – 17, 2024, for a total not-to-exceed amount of $2,000 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings; and (3) Authorize and approve travel to San Jose, California, for Mayor Carmen Montano to attend the Water Education for Latino Leaders (WELL) 12th Annual Conference from March 15 – 16, 2024, for a total not-to-exceed amount of $400 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings.
Motion/Second: Mayor Montano/Vice Mayor Chua
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Councilmember Barbadillo
February 20, 2024 Milpitas City Council Minutes Page 6
6. Summary of 2023 Legislative Efforts (Staff Contact: Matt Cano, Assistant City Manager, 408-586- 3012)
City Manager Thomas provided a brief introduction to the item.
Mayor Montano thanked staff for their hard work.
There were no public speakers
After discussion, motion: to review and accept the 2023 Legislative Season Summary Report, including an update on potential 2024 State and Federal Earmark Requests.
Motion/Second: Vice Mayor Chua/Mayor Montano
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Councilmember Barbadillo
9. 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)
Fire Chief Schoonover responded to questions from City Council.
There were the following public speakers:
1. Voltaire Montemayor
After discussion, motion: to review Fiscal Year 2023-24 Mid-Year Report; Approve FY2023-24 Mid-Year Budget Amendments; and adopt Resolution No. 9302 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.
Motion/Second: Vice Mayor Chua/Mayor Montano
by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Councilmember Barbadillo
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Vice Mayor Chua asked the City Manager and City Attorney to look into a catalytic converter theft prevention ordinance. There was unanimous support from those present to add the item to the prioritization list (Absent:
Barbadillo)
Mayor Montano asked staff to look into a Friendship City with Guwahati, India to see if it's a possibility. The vote for consensus was two in support (Mayor Montano, Vice Mayor Chua) and two opposed (Councilmember Lien, Councilmember Phan) (Absent: Barbadillo). Mayor Montano also suggested staff look into a retreat for City Council.
February 20, 2024 Milpitas City Council Minutes Page 7
ADJOURNMENT
Mayor Montano adjourned the meeting at 8:41 PM.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
February 22, 2024 Milpitas City Council Minutes Page 1
SPECIAL MEETING OF THE MILPITAS
CITY COUNCIL
MINUTES
THURSDAY, FEBRUARY 22, 2024
BARBARA LEE SENIOR CENTER, 40 N MILPITAS BLVD, ROOM 140/141,
MILPITAS, CA
The City Council of the City of Milpitas convened in a Special Meeting of the Milpitas City Council,on February 22, 2024, in the Barbara Lee Senior Center, 40 N Milpitas Blvd, Room 140/141, Milpitas, CA, and via teleconference/Zoom webinar.
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 5:34PM. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan (6:02 PM).
ABSENT: None.
PLEDGE OF ALLEGIANCE
Councilmember Lien led the pledge of allegiance.
PUBLIC FORUM
There were the following public speakers:
1. Stephen Balsbaugh
2. Kulwant Singh
ANNOUNCEMENT OF CONFLICT OF INTEREST
Assistant City Attorney Creech asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest (Absent: Phan). Assistant City Attorney Creech asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions (Absent: Phan).
READING OF THE CITY COUNCIL CODE OF CONDUCT
Vice Mayor Chua read the City Council Code of Conduct.
APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.
Motion/Second: Vice Mayor Chua/Councilmember Barbadillo Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien NOES: None
ABSENT: Councilmember Phan
February 22, 2024 Milpitas City Council Minutes Page 2
AGENDA ITEMS
1. Receive Presentation on Proposed 5-Year 2025-2029 Capital Improvement Program and Provide Feedback to Staff (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Michael Silveira, Public Works – Engineering Division Manager, 408-586-3303) City Manager Thomas introduced the item. Public Works Engineering Division Manager Silveira and Assistant City Manager Cano presented the report, introducing the purpose of the CIP as a 5-year infrastructure planning and budgeting tool that is updated annually and outlining the presentation agenda and process for gathering council feedback on the proposed plan.
Staff highlighted recent key CIP projects completed across departments: Emergency Operations Center vehicle delivery, ARPA park improvement (phase 1), annual street resurfacing program maintaining a PCI score of 71, Penitencia Creek linear trail and park in Metro area, valley water creek flood protection improvement, citywide traffic safety study completion, gateway welcome signs installation, and wastewater treatment plant improvements, other notable projects.
Staff summarized key projects and milestones anticipated to be completed in 2024-2025 Fiscal Year:
ARPA Park Improvement Phase 2 , Street Resurfacing FY24/25 including Great Mall Parkway and Thompson Street, bicycle infrastructure improvements design, Adobe House HVAC replacement, Fire Station 1 modular building replacement, water line replacement design, and various plans/studies such as the Gateway Specific Plan.
Staff presented the 5-year CIP budget breakdown: $243 million consisting of 149 projects, with $165 million in projected available funding, leaving a $58 million funding gap, noting that the first year CIP budget funds 47 projects totaling $36 million, with general funds covering $4.7 million for 11 projects.
They then explained the criteria and process for evaluating project funding requests and prioritizations, including alignment with council priorities, health/safety issues, grants, efficiency gains, legal mandates, staff resourcing, schedules and budget impacts. Given projected budget deficits in later years, staff recommended utilizing some general fund facilities replacement reserves now to start addressing aging city infrastructure needs across buildings, parks, public safety systems and storm drains.
Vice Mayor Chua questioned the prioritization of CIP Parks projects with ARPA funding, highlighting the lack of work on certain parks. Public Works Director Di Renzo and Assistant City Manager Cano discussed the process for contracting to update parks. Vice Mayor Chua questioned if the CDBG funding requests for the roof replacement at the Library and Terrace Gardens and asked about the City's obligation to fund those repairs. Assistant City Manager Cano noted that they would follow up regarding Terrace Gardens. The Vice Mayor also suggested staff look into solar powered street lights on Main Street rather than underground construction. She asked staff to provide an update after conducting the research.
Mayor Montano offered additional comments on solar lighting on Main Street and questioned the delay in updating parks in poor condition. Assistant City Manager Cano noted that the parks in poor condition are part of Phase II due to the need for additional design work.
Councilmember Barbadillo questioned how money is allocated between the General Fund and CIP.
Councilmember Lien asked for clarification on notable projects including bicycle lane improvements and the 237 HOV Lane Improvements.
Mayor Montano questioned staff on grant opportunities to fund projects. She also spoke on street quality and asked what it would take to improve City street quality from a PCI of 71 to 80, and asked for
February 22, 2024 Milpitas City Council Minutes Page 3
clarification regarding the CIP Well projects.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
There were no announcements.
ADJOURNMENT
Mayor Montano adjourned the meeting at 7:08 PM.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 2/29/2024
March 19, 2024 – Regular Meeting
CLOSED SESSION
•Labor Relations
INVOCATION (Councilmember Phan)
PRESENTATION
CONSENT CALENDAR
1. Receive City Council calendar for March and April 2024 (City Clerk)
2. Approve City Council Meeting minutes of March 5, 2024 (City Clerk)
3. Preview list of items for April 2, 2024 (City Clerk)
4. Councilmember Request List (City Clerk)
5. Commissioner Handbook Update (City Clerk)
6. Commercial Property Management Services for 1432-1488 Main Street (Parcels 1-3) (Economic Development)
7. Designation of Certifying Officer for National Environmental Policy Act (Housing)
8. Unhoused Reports for Q3/Q4 2022 (Housing)
9. Housing Element Annual Progress Report (Housing/Planning)
10. General Plan Annual Progress Report (Planning)
11. Street Vacation: 1752 Houret Ct (City Ventures) (Public Works/Engineering)
12. CIP 3501 ARPA Parks Contract Award (Public Works/Engineering)
13. Storm Drain System Emergency Repairs and Improvements (Public Works)
PUBLIC HEARINGS
14. St. John Bingo License (City Clerk)
COMMUNITY DEVELOPMENT
15. 1851 McCarthy Blvd Mixed-Use Pre-Application Study Session (Planning)
COMMUNITY SERVICES
16. Hall Park Tennis / Pickleball Recommendation (Recreation)
LEADERSHIP AND SUPPORT SERVICES
17. ARPA Quarterly Report (City Manager / Finance)
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
OPEN ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
None
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Request that the Arts Commission explore
alternatives for future of statue in front of City Hall Phan 1/30/2024 An update was included in the February 20th
Council prioritization reprt.
2 Update the Commissioner Handbook to include an
option for outgoing commissioners to make
presentations to other commissions Chua 1/23/2024
An update was included in the February 20th
Council prioritization reprt.
3 Workshop for retailers focusing on best practices
and safety with plans for quarterly sessions Chua 1/23/2024 An update was included in the February 20th
Council prioritization reprt.
4 Explore possibility of naming the County library on
Main Street Phan 1/23/2024
An update was included in the February 20th
Council prioritization reprt.
5 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
This item was approved to move forward as
part of the February 20th Council
prioritization
6 Bring back Bingo and the Tour at the Senior
Center Chua 11/7/2023
An update was included in the February 20th
Council prioritization reprt.
7 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
An update was included in the February 20th
Council prioritization reprt.
8 Consider a possible ordinance or policy regarding
solicitations at home Barbadillo 10/3/2023
An update was included in the February 20th
Council prioritization reprt.
9 Main Street International Festival Lien 10/3/2023
An update was included in the February 20th
Council prioritization reprt.
10 Have the Police Chief direct staff to complete an
analysis in partnership with the County to
determine if it would be beneficial to have a
location where residents can pickup Narcan
Chua 9/5/2023
An update was included in the February 20th
Council prioritization reprt.
11 Explore taking steps towards becoming a Charter
City Phan 9/5/2023
An update was included in the February 20th
Council prioritization reprt.
12 Human Resources Director to conduct a job fair
specific to the job openings at City Hall Chua 5/2/2023 An update was included in the February 20th
Council prioritization reprt.
13 Pickleball Pilot Project Chua 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
14 Main Street Infrastructure Projects Montano 2/28/2023 An update was included in the February 20th
Council prioritization reprt.
15 Main Street Flooding at Library Chua 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
16 Satellite Consulate Office Montano 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
17 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update was included in the February 20th
Council prioritization reprt.
18 City Manager to look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center Chua 9/20/2022
An update was included in the February 20th
Council prioritization reprt.
19 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and
Adobe
Montano 8/16/2022
An update was included in the February 20th
Council prioritization reprt.
20 City Manager look into implementing a workshop
for small businesses on the bidding process for
projects in the city Chua 8/9/2022
An update was included in the February 20th
Council prioritization reprt.
21 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update was included in the February 20th
Council prioritization reprt.
22 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
An update was included in the February 20th
Council prioritization reprt.
23 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 An update was included in the February 20th
Council prioritization reprt.
24 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
An update was included in the February 20th
Council prioritization reprt.
NOTE: Deferred and Completed Items are not listed
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
25 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
An update was included in the February 20th
Council prioritization reprt.
26 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
An update was included in the February 20th
Council prioritization reprt.
27 Consider Community Museum and Park on Main
St. Phan 8/20/2019
to Rules Subcommittee 8/23/2019. Moved
to Specific Plan Community Conversation
events.
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
NOTE: Deferred and Completed Items are not listed
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt Ordinance 298.1, An Ordinance of The City Council of the City of Milpitas Amending the Milpitas Municipal Code Title XI (“Zoning, Planning and Annexation”), Chapter 10 (“Zoning”), Section 13 (“Special Uses”), Subsection
13.15 (“Cannabis Uses”) to Prohibit and Regulate Cannabis Uses, Establishments, and Operations to the Fullest Extent Allowed by State Law (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) Category: Consent Calendar-Leadership and Support Services Meeting Date: 3/5/2024
Recommendation: Move to waive second reading and adopt Ordinance 298.1, which would amend Subsection XI-10-13.15 of the Milpitas Municipal Code consistently with Senate Bill 1186 by regulating the delivery of medicinal cannabis and cannabis products and otherwise preserve the City’s prohibition against commercial cannabis to the fullest extent allowed after this change in State law.
BACKGROUND:
This Ordinance was discussed at the November 7, 2023, City Council meeting. The City Council deferred introduction of this Ordinance and directed staff to bring the Ordinance back for Council consideration in conjunction with a proposal to tighten enforcement on illegal cannabis distribution and delivery within Milpitas.
At the February 20, 2024, City Council meeting, by unanimous vote, the present version of this Ordinance was introduced for a first reading. This Ordinance is now ready for its second reading and adoption.
FISCAL IMPACT:
There is no cost to adopt the ordinance beyond incidental publication costs and staff time. There will, however, be minor costs associated with the enforcement of the amended ordinance. The City will expend law enforcement resources to register delivery services and to monitor the compliance of delivery services with any new regulations because the State only monitors and enforces compliance with State laws.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This amending ordinance is not a project and is not subject to CEQA review because it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change, particularly in that it does not alter the use of land or does a most does not do so inconsistently with uses already authorized, prohibited, or regulated by law. (Cal. Code Regs., tit. 14, § 15378.) Furthermore, even if considered a project, this amending ordinance is categorically exempt from CEQA review in that it comprises of non-land use regulations or at most minor alterations in land use limitations that do not result in any changes in land use or density (Cal. Code Regs., tit. 14, § 15305, 15378(a)(1)) and by common sense can be seen with certainly that there is no possibility that the activity in question may have a significant effect on the environment particularly in consideration of the activities already permitted, prohibited, or regulated by law (Cal. Code Regs., tit. 14, § 15061(b)(3)). This amending ordinance is also exempt because it does not affect development density established by existing zoning and the City’s General Plan, for which an Environmental Impact Report was already certified, and does not have any project-specific significant environmental effects peculiar to the project or any site. (Cal. Code Regs., tit. 14, § 15183.)
RECOMMENDATION:
Move to waive second reading and adopt Ordinance 298.1, which would amend Subsection XI-10-13.15 of the Milpitas Municipal Code consistently with Senate Bill 1186 by regulating the delivery of medicinal cannabis and cannabis products and otherwise preserve the City’s prohibition against commercial cannabis to the fullest extent allowed after this change in State law.
ATTACHMENT(S):
(a) [Proposed] Ordinance 298.1, an Ordinance of the City Council of the City of Milpitas Amending Subsection
13.15 (“Cannabis Uses”) of Section 13 (“Special Uses”) of Chapter 10 (“Zoning”) of Title XI (“Zoning, Planning and Annexation”) of the Milpitas Municipal Code
Ordinance No. 298.11
REGULAR
NUMBER: 298.1
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING THE MILPITAS MUNICIPAL CODE TITLE XI (“ZONING, PLANNING AND ANNEXATION”), CHAPTER 10 (“ZONING”), SECTION 13 (“SPECIAL USES”), SUBSECTION 13.15 (“CANNABIS USES”) RELATING TO
THE PROHIBITION AND REGULATION OF CANNABIS USES,
ESTABLISHMENTS, AND OPERATIONS TO THE FULLEST EXTENT
ALLOWED BY STATE LAW, AND MAKING FINDINGS OF EXEMPTION
FROM ENVIRONMENTAL REVIEW PURSUANT TO CEQA GUIDELINES
SECTIONS 15061(b)(3), 15183, 15305, AND 15378
HISTORY:This Ordinance was introduced (first reading) by the City Council at its meeting of February 20, 2024, upon motion by Vice Mayor Chua and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
________________________________
Michael Mutalipassi, City Attorney
Ordinance No. 298.12
RECITALS AND FINDINGS:
WHEREAS, in November 2016, California voters passed Proposition 64, the “Control, Regulate and Tax Adult Use of Marijuana Act” (“Proposition 64” or the “Adult Use of Marijuana Act” or “AUMA”), which beginning January 1, 2017, legalized and regulated commercial cannabis for adult-use and medicinal- use; and
WHEREAS, in June 2017, the California Legislature passed a budget trailer bill, Senate Bill 94, the “Medicinal and Adult Use Cannabis Regulation and Safety Act” (“MAUCRSA”), which integrated prior laws with Proposition 64 to create a unified regulatory framework and system of business licensing at the State level for both adult-use and medicinal-use cannabis; and WHEREAS, both MAUCRSA and Proposition 64 expressly recognize, preserve, and do not supersede or limit the authority of local jurisdictions to adopt and enforce ordinances that regulate cannabis businesses licensed at the State level, including by completely prohibiting the establishment or operation of one or more types of businesses licensed under MAUCRSA (Business & Professions Code, § 26200); and
WHEREAS, on January 17, 2017, the City Council adopted Urgency Ordinance No. 291 pursuant to Government Code Section 65858, establishing a forty-five (45) day moratorium on all cannabis uses to the extent allowed by law in light of the passage of Proposition 64; and WHEREAS, on February 21, 2017, the City Council adopted Urgency Ordinance No. 291.1 pursuant to Government Code Section 65858, extending the moratorium on all cannabis uses for a period of 10 months and 15 days; and
WHEREAS, on January 16, 2018, the City Council adopted Urgency Ordinance No. 291.2 pursuant to Government Code Section 65858, extending the moratorium for an additional 12-month period for the full two years authorized under State law, to allow the City to complete its study of potential cannabis regulations; and
WHEREAS, during the time of that moratorium, the City Council established a Cannabis Subcommittee and in coordination with City staff conducted an extensive study of potential options for local cannabis regulations, including numerous meetings and substantial community outreach, polling, surveys, and analysis that the City Council again takes notice of now; and WHEREAS, from that study and having fully considered the issues and potentials for regulation, the City Council duly passed by unanimous vote Ordinance No. 298 and enacted the currently operative version of Subsection XI-10-13.15 of the Milpitas Municipal Code, which to the fullest extent allowed by State law regulates cannabis cultivation for personal use and prohibits all commercial cannabis uses within the City’s judication, including cannabis delivery; and WHEREAS, in September 2022, the California Legislature passed Senate Bill 1186 (“SB 1186”), which enacted the “Medicinal Cannabis Patients’ Right of Access Act” (“MCPRAA”) and, among other things, amended Business and Professions Code section 26200 to make the provisions of MCPRAA an exception to the broad reservation of local regulatory authority in subsections (a)(1) and (a)(2) of Section 26200; and
WHEREAS, MCPRAA prohibits local jurisdictions from adopting or enforcing any regulation that directly or effectively prohibits the retail sale by delivery of medicinal cannabis or medicinal cannabis products to medicinal cannabis patients or their primary caregivers in a timely and readily accessible
Ordinance No. 298.13
manner and in the types and quantities that are sufficient to meet the demand for medicinal cannabis patients within the local jurisdiction; and
WHEREAS, the City of Milpitas has a vested and legitimate interest in protecting the public health, safety, and welfare by adopting reasonable regulations, including prohibitions, on the retail sale and personal cultivation of commercial cannabis whether for medicinal or non-medicinal use; and WHEREAS, the City of Milpitas has a vested and legitimate interest in regulating the delivery of medicinal cannabis to ensure such deliveries are conducted in a lawful and reasonable manner that affirmatively protects the health, safety, and welfare of the community and the peace, quiet, and enjoyment of all persons, including by prohibiting the delivery of anything other than the medicinal cannabis and medicinal cannabis products to the minimum extent now required by State law ; and WHEREAS, if required to allow the delivery of medicinal cannabis and medicinal cannabis products, the City of Milpitas has a vested and legitimate interest in ensuring that such deliveries actually reach qualifying patients and do not fall into the hands of others, including minors; and WHEREAS, the City of Milpitas has the lawful right to act upon the needs and wishes of the Milpitas community, including as expressed during the extensive surveys, polls, meetings, and public comment that led to the City’s exactment of Subsection XI-10-13.15; and WHEREAS, the City Council reaffirms and finds still true the study, consideration, deliberation, and discussions that formed the basis for the City’s enactment of Ordinance No. 298; and WHEREAS, the City Council finds and declares based upon a full consideration of all the facts before it that there exists and foreseeably will continue to exist a more than sufficient supply of medicinal cannabis and medicinal cannabis products capable of timely and readily accessible delivery from locations outside of the City’s jurisdiction in the types and quantities meeting the demand by medicinal cannabis patients within the City’s jurisdiction; and
WHEREAS, the City Council finds and declares based upon a full consideration of all the facts before it that there exist more than sufficient opportunities for the establishment of additional cannabis operations outside of the City’s jurisdiction to meet any future increase in demand; and WHEREAS, the City Council finds and declares that it’s local regulatory scheme, as herein amended, is consistent with SB 1186 and will not prevent medicinal cannabis patients or their primary caregivers from obtaining medicinal cannabis in a timely and readily accessible manner in the types and quantities that are sufficient to meet demand within the City’s jurisdiction; and WHEREAS, all legal prerequisites to the adoption of this ordinance have been met.
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
Ordinance No. 298.14
SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI (“ZONING, PLANNING AND ANNEXATION”), CHAPTER 10 (“ZONING”), SECTION 13 (“SPECIAL USES”), SUBSECTION 13.15 (“CANNABIS USES”)
Title XI, Chapter 10, Section 13, Subsection 13.15 of the Milpitas Municipal Code is hereby amended to read as follows:
XI-10-13.15 Cannabis Uses
A. Purpose. The purpose of this Subsection is to prohibit to the fullest extent allowed by State Law the establishment and operation of all commercial cannabis uses within the City of Milpitas, including all cannabis dispensaries, cannabis retailers, cannabis manufacturers, cannabis microbusinesses, cannabis testing laboratories, cannabis distribution, cannabis cultivation, and delivery of cannabis.
It is also the intent of this Subsection to regulate indoor cannabis cultivation, and to prohibit all outdoor cultivation, for personal use, including by qualified patients and primary caregivers. It is also the intent of this Subsection to entirely prohibit the delivery of non-medical cannabis and only allow the delivery of medicinal cannabis directly to medicinal cannabis patients or their primary caregivers to the minimum extent required by State law, subject to all laws and the additional regulations adopted here.
B. Finding and Declaration. The City finds and declares that this local regulatory scheme will not prevent medicinal cannabis patients or their primary caregivers from obtaining medicinal cannabis in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand within the City’s jurisdiction.
C. Definitions. For purposes of this Subsection, the following definitions shall apply:
1. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from marijuana. “Cannabis” includes “cannabis” as defined in Business and Professions Code, Section 26001 and in Section 11018 of the Health and Safety Code.
2. “Cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
3. “Cannabis delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Cannabis delivery” also includes the use by a cannabis retailer of any technology platform that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products. Whether made directly by the individual or entity or indirectly through a third-party service or other intermediary, an offer to deliver includes any communication, action, or conduct that could be reasonably understood to convey a willingness to engage in cannabis delivery irrespective of the person or entity’s actual or specific intent and includes advertisements, websites, or other media making the same suggestion.
4. “Cannabis delivery service” or “delivery service” means any person or entity engaged in cannabis delivery or attempting or offering to engage in cannabis delivery.
Ordinance No. 298.15
5. “Cannabis distribution” means the procurement, sale, and transport of cannabis and cannabis products and any other activity allowed under the State distributor license(s), including, but not limited to, cannabis storage, quality control and collection of State cannabis taxes.
6. “Cannabis manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. Cannabis manufacture includes the production, preparation, propagation, or compounding of manufactured cannabis, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or relabels its container.
7. “Cannabis microbusiness” means a commercial cannabis business that must engage in at least three of the following commercial cannabis activities: cultivation, manufacturing using nonvolatile solvents, distribution, and/or retail.
8. “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
Cannabis products include “cannabis products” as defined in Business and Professions Code, Section 26001.
9. “Cannabis retailer” means a facility where cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale or conducts sales exclusively by delivery.
The term "cannabis retailer" includes any nonprofits that may be licensed under Business and Professions Code, Section 26070.5. For purposes of this Chapter, "cannabis retailer" also includes medical cannabis dispensaries, patient collectives and cooperatives operating, or proposing to operate, pursuant to the Compassionate Use Act (Health and Safety Code, § 11362.5) and/or the Medical Marijuana Program (Health and Safety Code, § 11362.7 et seq.), as may be amended.
10. “Cannabis testing laboratory” means a facility, entity, or site in the State that offers or performs tests of cannabis or cannabis products.
11. “Chief of Police” means the Chief of Police of the City of Milpitas or his or her designee.
12. “City Attorney” means the City Attorney of the City of Milpitas or his or her designee.
13. “City Clerk” means the City Clerk of the City of Milpitas or his or her designee.
14. “City Manager” means the City Manager of the City of Milpitas or his or her designee.
15. “Commercial cannabis use” includes all cannabis cultivation, cannabis manufacture, cannabis distribution, cannabis testing laboratories, cannabis microbusinesses, cannabis retailers, cannabis delivery, and sale of cannabis and/or cannabis products, whether intended for medical or adult-use, and whether or not such activities are carried out for profit. Commercial cannabis uses includes "commercial cannabis activity" as defined in Business and Professions Code, Section 26001, and includes any activity that requires, or may require in the future, a license from a State licensing authority pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Division 10), as may be amended. Commercial cannabis use does not include those activities allowed for personal use by persons 21 years of age or older, without any compensation whatsoever, in strict accordance with Health and Safety Code, Section 11362.1 and does not include the activities of a qualified patient or a primary
Ordinance No. 298.16
caregiver that are exempt from State licensure pursuant to Business and Professions Code, Section 26033.
16. “Enforcement Authority” means the Chief of Police, the City Attorney, or any other person or persons designated by the Milpitas Municipal Code or the City Manager to enforce this Subsection.
17. “Indoor” means any location that is totally contained within a fully enclosed and secure private residence or accessory building located on the grounds of the private residence.
18. “Medicinal cannabis” or “medicinal cannabis products” shall have the same meaning as the definition set forth in Business and Professions Code, Section 26001.
19. “Medicinal cannabis patient” means any one of the following:
a. A “qualified patient,” as defined in Health and Safety Code, Section 11362.7, who possesses a currently valid physician’s recommendation that complies with both Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code as well as all rules, regulations, and guidelines adopted by the Medical Board of California.
b. A “person with an identification card,” as defined in Section 11362.7 of the Health and Safety Code, who possesses a currently valid identification card issued in compliance with Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code.
20. “Non-medicinal cannabis” or “non-medicinal cannabis products” shall mean cannabis or cannabis products, respectively, that does not qualify as medicinal cannabis, including commercial cannabis intended to be sold for non-medicinal use by an adult 21 years of age or older pursuant to State law.
21. “Outdoor” means any location that is not totally contained within a fully enclosed and secure accessory building or primary residence.
22. “Personal cultivation” means cannabis cultivation for a natural person's own personal use and possession in accordance with this Code and state law, including but not limited to Health and Safety Code Sections 11362.1 and 11362.2, as may be amended, and such person does not sell or distribute cannabis to any other person. “Personal use” also means and includes cultivation of medical cannabis conducted by a qualified patient exclusively for his or her personal medical use, and cultivation conducted by a primary caregiver for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, in accordance with state law, including Health and Safety Code Sections 11362.7 and 11362.765, as may be amended. Except as herein defined, personal cultivation does not include, and shall not authorize, any cultivation conducted as part of a business or commercial activity, including cultivation for compensation or retail or wholesale sales of cannabis.
23. “Primary caregiver” means the primary caregiver for a medicinal cannabis patient and shall have the same meaning as the definition set forth in Health and Safety Code, Section 11362.7.
24. “Private residence” means a house, an apartment unit, accessory dwelling unit, a mobile home, or other similar dwelling occupied for residential purposes.
D. Personal Cultivation of Cannabis.
1. Indoor Personal Cultivation. The indoor personal cultivation of cannabis is prohibited except in compliance with the following:
Ordinance No. 298.17
a. Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a private residence. b. Cannabis cultivation shall be limited to six plants total per residence, whether immature or mature, regardless of how many residents reside at the private residence. c. Persons engaging in indoor cultivation must comply with all State and local laws regarding fire safety, water use, electrical wiring, buildings, and indoor cultivation, and with Health and Safety Code Sections 11362.1 and 11362.2.
d. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of cannabis is prohibited. Use of gas products shall be limited to those allowed by the Building, Electrical, and Fire Codes as adopted and amended by the City of Milpitas. e. The residence shall maintain fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident(s), and the premises shall not be used primarily or exclusively for cannabis cultivation.
f. All areas used for cannabis cultivation shall be located within a fully enclosed and secure structure. "Fully enclosed and secure structure" means a space within a building, greenhouse or other legal structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.
2. Outdoor Personal Cultivation Prohibited. Outdoor personal cultivation of cannabis is prohibited in all zoning districts in the City of Milpitas.
E. Commercial Cannabis Uses.
1. Commercial Cannabis Uses Prohibited. All medical and adult-use commercial cannabis uses as defined herein are prohibited from establishing or operating within the City of Milpitas. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of a commercial cannabis use in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.
F. Cannabis Deliveries.
1. Deliveries Generally Prohibited. Except as set forth in Subsection XI-10-13.15(F)(2), the ban on commercial cannabis uses also prohibits the operation of a cannabis delivery service to customers in the City of Milpitas, including those deliveries originating from a physical location outside of the City. A cannabis delivery service may not deliver, attempt to deliver, or offer to deliver cannabis or cannabis products in violation of this Subsection. Nothing in this Subsection is intended to, nor shall it be construed to, permit and/or legalize any delivery operation, use, and/or activity that is otherwise prohibited under this Subsection and/or any other law. Rather, this Subsection is intended to prohibit the delivery of commercial cannabis to the fullest extent allowed by state law, including by entirely prohibiting the delivery of non- medicinal cannabis.
2. Direct Deliveries to Medicinal Cannabis Patients or Primary Caregivers Excepted. The direct delivery of medicinal cannabis to a specifically identified medicinal cannabis patient or the primary caregiver for a specifically identified medicinal cannabis patient within the City’s jurisdictional limits from a location outside the City’s jurisdictional limits is not prohibited by
Ordinance No. 298.18
this Subsection only if such deliveries fully comply with each and every one of the following operating conditions:
a. All deliveries must be made directly to a specifically identified medicinal cannabis patient or the primary caregiver for a specifically identified medicinal cannabis patient by a duly licensed cannabis delivery service. Prior to delivery, the delivery service must obtain a copy of written documentation for the identified medicinal cannabis patient proving the patient possess a physician’s recommendation for medicinal cannabis that is valid at the time of delivery.
i. For deliveries to a medicinal cannabis patient, that written documentation must include either a currently valid copy of a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code or a currently valid identification card issued in compliance with Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code. ii. For deliveries to a primary caregiver for a medicinal cannabis patient, that written documentation must include either a currently valid identification card for the identified patient issued to the primary caregiver in compliance with Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or both a currently valid copy of a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code and proof that primary caregiver has consistently assumed responsibility for the housing, health, or safety of the identified patient. iii. Written documentation received by a delivery service for this purpose shall be maintained confidentially and only disclosed in compliance with all applicable laws.
b. All deliveries must be to a fixed address for a specifically identified medicinal cannabis patient.
i. For deliveries to a medicinal cannabis patient, that fixed address must be the patient’s private residence.
ii. For deliveries to a primary caregiver for a medicinal cannabis patient, that fixed address must be the primary caregiver’s primary business address. iii. Deliveries cannot be to a post office box, any other form of mail, package, or parcel pickup location or locker, or to a mail, package, or parcel receiving agency or business.
iv. Delivery must be to a person 18 years of age or older. The delivery service must record the name of the person receiving the delivery. v. Upon delivery, and prior to completing delivery, the delivery must be signed for by the identified medicinal cannabis patient or the primary caregiver for the identified medicinal cannabis patient.
c. All deliveries must occur between the hours of 6:00 a.m. Pacific Time and 10:00 p.m.
Pacific Time. Deliveries may not occur in a manner that would tend to disturb the peace, quiet, and/or enjoyment of a reasonable person of normal sensitivity residing nearby.
Ordinance No. 298.19
d. The cannabis delivery service must maintain a log or other record stating the date, time, quantities, and products for each delivery as well as the name of the identified medicinal cannabis patient and the name of any primary caregiver for the delivery. e. The cannabis delivery service must retain for a period of at least two years copies of all records, documentation, signatures, permits, and licenses required by this Subsection and present them to a law enforcement officer upon demand.
f. The cannabis delivery service must fully comply with all applicable laws, including this Subsection and Division 10 of the Business and Professions Code, all rules and regulations promulgated by the Department of Cannabis Control, including in Title 4, Division 19 of the California Code of Regulations, and all guidelines, procedures, and regulations promulgated pursuant to this Subsection by the City Manager and/or his or her designee. g. Deliveries of medicinal cannabis may not include anything other than medicinal cannabis and medicinal cannabis products. Specifically, deliveries of medicinal cannabis may not include delivery of cannabis accessories or promotional materials, as defined by Section 15000 of Title 4, Division 19, Chapter 1, Article 1 of the California Code of Regulations, or branded merchandise of any kind.
3. Business Tax and License. A cannabis delivery service must obtain a business tax license from the City pursuant to Title III, Chapter 1 of this Code prior to commencing any delivery service within the City’s jurisdiction or offering or attempting to deliver within the City’s jurisdiction, even if delivering from a physical location outside of the City. A cannabis delivery service must pay all state and local taxes or fees for delivery services occurring with the City’s jurisdiction, including taxes or fees imposed by or owed to the City.
4. Registration. A cannabis delivery service must register with the Milpitas Police Department in a form acceptable to the Chief of Police prior to commencing any delivery service within the City’s jurisdiction or offering or attempting to deliver within the City’s jurisdiction, even if delivering from a physical location outside of the City. That registration must be signed by the registrant averring the truth and accuracy of the information contained therein and include all of the following information:
a. The name, address, and telephone number of the registrant and the delivery service. If the registrant or the delivery service has done business under any other name, including a fictitious name, the registrant must provide each name and all dates and jurisdictions of use. b. The name, address, and telephone number of the person(s) who will manage and operate the delivery service.
c. The name, address, and telephone number for the person(s) authorized to accept service of process and legal notices for the delivery service.
d. The business name, license number, license type, license designation, license status, and expiration date for any applicable license issued by the Department of Cannabis Control. e. Any other information required by the Chief of Police.
The delivery service must update its registration annually and within 72 hours of any change to the information contained in its registration or its cessation or suspension of medicinal cannabis delivery services within the City’s jurisdiction. Registration may be conditioned, suspended, refused, or revoked under the procedure specified in Subsection XI-10-13.15(F)(7). A cannabis delivery service may not re-register, and no registration will be accepted, within one (1) year after its registration is revoked. Where a cannabis delivery service is sold, transferred, merged,
Ordinance No. 298.110
acquired, or any person or entity otherwise succeeds in whole or in part to any of the assets, liabilities, facilities, employees, managers, or officers of a cannabis delivery service, the registration of the successor business may be condition, suspended, refused, or revoked upon the same or similar terms as the previous business as the interests of justice require.
5. Administrative and Criminal Violations. In addition to all other remedies and actions allowed by law, any violation of this Subsection may be enforced by administrative citation, pursuant to Title I, Chapter 21 of this Code, or criminal prosecution, pursuant to Section I-1-4.09 of this Code. At the Enforcement Authority’s sole discretion, violations of this Subsection may be charged as a misdemeanor, punished by a fine not to exceed the sum of five hundred dollars ($500) or by imprisonment in the County Jail not to exceed six (6) months or by both such fine and imprisonment, or an infraction, punished by a fine not exceeding one hundred dollars ($100) for a first violation, a fine not exceeding two hundred dollars ($200) for a second violation within one year, or a fine not exceeding five hundred dollars ($500) for each additional violation within one year. Each day such a violation continues shall be a new and separate violation.
6. Rebuttable Presumption. If a cannabis delivery service reports or otherwise discloses to a state, local, or federal governmental entity that it has delivered cannabis or cannabis products, whether for taxation, licensing, tracking, or other purposes, that report or disclosure shall create a rebuttable presumption for the facts and circumstances of each delivery referenced, including a prima facie case for any violation of this Subsection evidenced thereby.
7. Suspension or Prohibition. In addition to all other remedies and actions allowed by law, the Enforcement Authority may immediately suspend, revoke, or otherwise prohibit or condition any delivery service from delivering medicinal cannabis within the City’s jurisdictions, or impose additional terms and conditions upon that delivery service, if it fails or has failed to fully comply with all laws, including this Subsection, fails or has failed to register with the Milpitas Police Department prior to delivering, attempting to deliver, or offering to deliver within the City’s jurisdiction, fails or has failed to maintain its business license, or fails or has failed to remit any applicable state or local taxes or fees for delivery services occurring with the City’s jurisdiction. Pursuant to Title I, Chapter 20, Section 2 of this Code, notice of this suspension, revocation, or imposition of additional terms and conditions may be served by mail to the address provided in the delivery service’s registration or, if there is no current registration, any other address listed for the delivery service. Within fifteen (15) calendar days of that mailing, the delivery service may appeal that determination to a hearing officer appointed by the City Manager pursuant to the procedure provide in Title I, Chapter 20, Section 3 of this Code by filing with the City Clerk a written notice of appeal containing all factual and legal grounds for the appeals as well as all records or other evidence supporting that appeal.
Within twelve (12) calendar days of being mailed notice of the hearing officer’s decision pursuant to the same notice procedure, the delivery service may appeal the hearing officer’s decision to the City Council pursuant to the procedure provided in Title I, Chapter 20, Section 5 of this Code.
8. Transportation Through City. This section shall not be construed to prohibit use of the public roads to pass through the City’s jurisdiction without making a delivery within the City’s jurisdiction pursuant to Business and Professions Code, Section 26090 or those activities allowed by Section 26054, subdivisions (c), (d), or (e).
9. Implementing Regulations. The City Manager, or his or her designee, with due consultation with the Chief of Police, shall have the authority to adopt all necessary guidelines, procedures, and regulations to implement the requirements and fulfill the policies and purposes of this Subsection related to the delivery of medicinal cannabis.
Ordinance No. 298.111
G. Public Nuisance; Effect of State Law.
1. It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the City to cause or allow such real property to be used for a commercial cannabis use or for the cultivation of cannabis except in strict compliance with this Chapter. Any condition caused or permitted to exist in violation of any of the provisions of this Chapter may be abated as a public nuisance as provided in this Code and/or under State law.
2. In the event of any conflict between the penalties enumerated under this Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. The City Attorney or prosecuting attorney has the authority to declare and prosecute the violation as the maximum penalty permitted by State law, including but not limited to, those penalties prescribed by Health & Safety Code, Section 11362.4. To the extent certain conduct is immune from arrest and criminal liability pursuant to State law, including the Compassionate Use Act of 1996 (Health and Safety Code Section 11362.5) or the Medical Marijuana Program (Health and Safety Code Section 11362.7 et seq.), criminal penalties shall not apply.
SECTION 3. CONSISTENCY AND ENFORCEABILITY OF PRIOR LAW
Repeal or amendment of any provision of the Milpitas Municipal Code herein does not affect any penalty, forfeiture, or liability incurred before this ordinance’s effective date or preclude prosecution and imposition of penalties for any violation occurring before this ordinance’s effective date. Any such repealed or amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this ordinance.
SECTION 4. CALIFORNIA ENVIROMENTAL QUALITY ACT (CEQA)
The City Council finds and determines that the adoption of this amending ordinance is not a project and is not subject to CEQA review because it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change, particularly in that it does not alter the use of land or does a most does not do so inconsistently with uses already authorized, prohibited, or regulated by law. (Cal. Code Regs., tit. 14, § 15378.) Furthermore, even if considered a project, this amending ordinance is categorically exempt from CEQA review in that it comprises of non- land use regulations or at most minor alterations in land use limitations that do not result in any changes in land use or density (Cal. Code Regs., tit. 14, § 15305, 15378(a)(1)) and by common sense can be seen with certainly that there is no possibility that the activity in question may have a significant effect on the environment particularly in consideration of the activities already permitted, prohibited, or regulated by law (Cal. Code Regs., tit. 14, § 15061(b)(3)). This amending ordinance is also exempt because it does not affect development density established by existing zoning and the City’s General Plan, for which an Environmental Impact Report was already certified, and does not have any project-specific significant environmental effects peculiar to the project or any site. (Cal. Code Regs., tit. 14, § 15183.) SECTION 5. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.
SECTION 6. EFFECTIVE DATE AND POSTING
Ordinance No. 298.112
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving Memorandum of Understanding between the City of Milpitas and Milpitas Employees Association (MEA) 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: 3/5/2024
Recommendation: Adopt a resolution approving Memorandum of Understanding between the City of Milpitas and Milpitas Employees Association (MEA) 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 Employees Association (MEA), an affiliate of LIUNA/UPEC expired on June 30, 2023. Thus, the City needs to enter into a new MOU.
ANALYSIS:
City representatives and representatives from MEA met and conferred in good faith to negotiate a new Memorandum of Understanding. The City and MEA began negotiations on April 13, 2023 and met 17 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 MEA Bargaining Group voted in favor of the Tentative Memorandum of Understanding on February 14, 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) Increased longevity pay for years of service:
a. 10 Years: Increase previous 0.5% to 1%
b. 15 Years: Increase previous 1% to 2%
c. 20 Years: Increase previous 1.5% to 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 16, 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 a current MOU with this bargaining group representing over 65 City employees who provide essential services to the Milpitas community.
FISCAL IMPACT:
There is sufficient funding the FY 2023-2024 budget to cover the costs for the proposed wage and benefit increases for this current fiscal year, which is $104,534 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 MEA will be approximately $996,333 over two fiscal years.
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 Employees Association (MEA) covering the period of July 1, 2023 through June 30, 2025 Attachment(s):
1. Resolution Approving MEA MOU
2. Exhibit A – Memorandum of Understanding
3. Exhibit B – Updated Salary Table
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADOPTING THE
MEMORANDUM OF UNDERSTANDING WITH THE MILPITAS EMPLOYEES ASSOCIATION, AN AFFILIATE OF LIUNA/UPEC LOCAL 792, FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2025 AND APPROVE AND ADOPT THE PAY SCHEDULE TITLED “ALL JOB CLASSIFICATIONS/SALARY TABLE”
WHEREAS, the most recent Memorandum of Understanding (MOU) between the Milpitas Employees Association (MEA), an affiliate of LIUNA/UPEC Local 792, and the City of Milpitas covered the period of July 1, 2020 through June 30, 2023; and
WHEREAS; representatives of MEA and UPEC Local 792 and the City of Milpitas met in good faith and negotiated a successor MOU; and
WHEREAS, the new MOU between MEA 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:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The MOU between the Milpitas Employees Association and the City of Milpitas, attached hereto as Exhibit A, is hereby approved and the City Representatives are hereby authorized to execute it.
3. Approve and adopt Exhibit B, the pay schedule “ALL JOB CLASSIFICATIONS/SALARY TABLE effective March 5, 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
MEMORANDUM OF UNDERSTANDING
BETWEEN
MILPITAS EMPLOYEES
ASSOCIATION
(An Affiliate of Laborers’ International Union of North America (LIUNA/UPEC)
AND THE
CITY OF MILPITAS
July 1, 2023 – June 30, 2025
TABLE OF CONTENTS
SECTION 1.00 - PREAMBLE .........................................................................................................................3 SECTION 2.00 - NO DISCRIMINATION.........................................................................................................3 SECTION 3.00 - EMPLOYEE RIGHTS...........................................................................................................4 SECTION 4.00 - CITY RIGHTS ......................................................................................................................6 SECTION 5.00 - ADVANCE NOTICE.............................................................................................................7 SECTION 6.00 - DISCIPLINARY ACTION/APPEALS PROCEDURE ...........................................................7 SECTION 7.00 - LAYOFF.............................................................................................................................12 SECTION 8.00 - RESIGNATION ..................................................................................................................12 SECTION 9.00 - OTHER EMPLOYMENT ....................................................................................................12 SECTION 10.00 - GRIEVANCE PROCEDURE............................................................................................13 SECTION 11.00 - WORK SCHEDULES.......................................................................................................16 SECTION 12.00 - WORKING TITLES ..........................................................................................................16 SECTION 13.00 - TEMPORARY APPOINTMENTS.....................................................................................17 SECTION 14.00 - ATTENDANCE ................................................................................................................17 SECTION 15.00 - PAY PLAN .......................................................................................................................18 SECTION 16.00 - SALARY ..........................................................................................................................19 SECTION 17.00 - OVERTIME ......................................................................................................................20 SECTION 18.00 - STANDBY ASSIGNMENT...............................................................................................21 SECTION 19.00 - BILINGUAL ASSIGNMENT.............................................................................................22 SECTION 20.00 - WORK OUT OF CLASS ..................................................................................................22 SECTION 21.00 – VACANT POSITIONS AND LATERAL TRANSFERS ...................................................23 SECTION 22.00 - HOLIDAYS.......................................................................................................................24 SECTION 23.00 - VACATION LEAVE .........................................................................................................25 SECTION 24.00 - SICK LEAVE....................................................................................................................26 SECTION 25.00 - FAMILY LEAVE...............................................................................................................27 SECTION 26.00 - COMPASSIONATE LEAVE ............................................................................................27 SECTION 27.00 - MILITARY LEAVE ...........................................................................................................28 SECTION 28.00 - WORKERS’ COMPENSATION LEAVE ..........................................................................28 SECTION 29.00 - LEAVE OF ABSENCE.....................................................................................................29 SECTION 30.00 - LIGHT DUTY....................................................................................................................29 SECTION 31.00 - RETIREMENT..................................................................................................................30 SECTION 32.00 - BENEFITS .......................................................................................................................32 SECTION 33.00 - TRAINING........................................................................................................................33 SECTION 34.00 - UNIFORMS ......................................................................................................................33 SECTION 35.00 - HEALTH & SAFETY........................................................................................................34 SECTION 36.00 - MISCELLANEOUS ..........................................................................................................35 SECTION 37.00 - NO LABOR ACTION .......................................................................................................37 SECTION 38.00 - SEASONAL WORKERS .................................................................................................37 SECTION 39.00 - RETIREE CONTRIBUTION FUND ..................................................................................37 SECTION 40.00 - INCENTIVE PAY..............................................................................................................38 SECTION 41.00 - LIUNA NATIONAL (INDUSTRIAL) PENSION FUND .....................................................39 SECTION 42.00 - SAVINGS CLAUSE .........................................................................................................40 SECTION 43.00 - LABOR MANAGEMENT COMMITTEE...........................................................................40 Appendix A.............................................................................................................................................. 43
3 CITY OF MILPITAS AND MILPITAS EMPLOYEES’ ASSOCIATION
COMPREHENSIVE MEMORANDUM OF UNDERSTANDING ON
SALARIES, FRINGE BENEFITS AND WORKING CONDITIONS
July 1, 2023 through June 30, 2025
This Memorandum of Understanding (hereafter “Agreement”) is made between the City of Milpitas (‘the City”) and the Milpitas Employees Association (hereafter “the Union”). The Union confirms that it is an affiliate of the Laborers’ International Union of North America (LIUNA/UPEC), AFL-CIO, Local 792.
SECTION 1.00 PREAMBLE
1.01 The term of the prior MOU expired on June 30, 2023. This MOU is made and entered into on (TBD). The terms and provisions of the prior MOU and any amendments are continued in full force and effect in accord with law through the beginning date of this MOU of July 1, 2023.
The term of this Agreement shall commence at 12:01 a.m. on July 1, 2023 and terminate on June 30, 2025.The Agreement is subject to all ordinances, resolutions and personnel rules of the City, except as expressly provided to the contrary by this Agreement, and all applicable federal and state laws.
1.02 The Union and the City shall attempt to create a working environment free from hostility and intimidation. To that end, the Union and the City shall encourage all employees to treat their fellow employees with dignity and respect.
1.03 The terms and conditions of employment set forth in this Agreement have been discussed in good faith by the authorized representatives of the City and the authorized representatives of the Union. The authorized representatives of the Union agree to recommend acceptance by the employees of all terms and conditions set forth herein.
Following said acceptance by the employees, authorized representatives of the City agree to recommend to the Milpitas City Council that all terms and conditions set forth herein be approved by resolution. Upon adoption of said resolution, all terms and conditions so incorporated shall become effective without further action by either party.
SECTION 2.00 - NO DISCRIMINATION
2.01 The City of Milpitas shall not discriminate in employment practice in regard to race, color, ancestry, national origin, religious creed, sex, sexual orientation, age, medical condition (cured or rehabilitated cancer), physical or mental disability, marital status, or political opinion or affiliation or union activity, unless such factor shall be a bona fide occupational qualification for the position, or such action is required to comply with federal or state law.
2.02 The Union shall not discriminate based on race, color, ancestry, national origin, religious creed, sex, sexual orientation, age, medical condition (cured or rehabilitated cancer), physical or mental disability, marital status, or political opinion or affiliation or union activity, unless such factor shall be a bona fide occupational qualification for the position, or such action is required to comply with federal or state law.
4 SECTION 3.00 - EMPLOYEE RIGHTS
3.01 Union Membership and Dues Deduction
3.01.1 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.
3.01.2 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. Any attempt by one City employee to unduly influence or pressure another employee regarding the employee's membership in any organization or association is contrary to this Memorandum of Understanding, and any offender shall be subject to disciplinary action. Undue influence or pressure for these purposes is an attempt to persuade an employee to change their mind by any means other than written or verbal discussion of the pros and cons of membership or non-membership.
3.01.3 For employees who may wish to belong to the employee's union, the City shall cause dues to be deducted from their paycheck based on written certification from the Union that it has and will maintain written authorization for the deduction from the employee. It is the responsibility of the Union to ensure that dues deductions have been authorized by the employees in writing. The employee may, for any reason, cancel his/her authorization for such a payroll deduction by providing written notice to the Union during the designated drop out period, which shall be June of each calendar year. The employee's cancellation of such authorized deductions shall in no way affect his/her job or standing as an employee. 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.
3.01.4 The Association, as defined in this Section, shall hold the City harmless, and shall fully and promptly reimburse the City for any fees, costs, charges, or penalties incurred In responding to or defending against claims, dispute, challenges which are actually brought against the City or any of its agents, in connection with the administration or enforcement of this subsection pertaining to Union dues. Such reimbursement shall include, but not be limited to, court costs, litigation expense, and attorney's fees incurred by the City.
5 3.02 New Employee Orientation
3.02.1 New employee orientation generally occurs once a month and is scheduled by the Human Resources Department. The Union will be provided not less than ten (10) calendar days’ advanced notice of the time, date, and location of the Orientation. If a hire is made with less than ten (10) calendar days’ notice, the Union will be notified as soon as the orientation is scheduled. . Within their first pay period, the City will notify the Union of each new hire, and the Union will be granted thirty (30) minutes of orientation time, of which the time and place must be coordinated and agreed upon with the new employee’s supervisor.
Employee representatives conducting the orientation shall be granted up to thirty (30) minutes of paid release time to do so, including reasonable travel time, if needed.
3.02.2 The City will provide the Union a digital file via email to the Union President and Labor Relations Representative containing the following information for every employee:
Name
Job Title
Department
Work Location
Work, home and personal cell phone numbers
Personal email addresses on file with the employer
Home address
The City shall not be required to supply information it does not have.
Such information will be provided as follows:
1. For new hires, within thirty (30) days of the date of hire.
2. For existing bargaining unit employees, quarterly.
3.03 Union Activities
3.03.1 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:
3.03.2 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 management during working hours; however, solicitation of grievances shall be on the steward and employee's own time.
3.03.3 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.
6 3.03.4 Business agents or representatives of the union or other association, or their affiliates, having business (other than recruiting of members) with the officers or individual members of the union or other recognized employee groups 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, if on duty, and the employee's immediate supervisor, and further provided that the conduct of such business shall in no way conflict with the performance of City business.
3.03.5 Use of the 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 before or after working hours only with the advance approval of the City Manager or designee; is subject to the availability of the desired facility, 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.
3.03.6 Time Off for Association Meeting/Training. The City shall provide annual paid release time for 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 any employee. These events shall include but are not limited to:
Event Personnel Time
Labor Negotiations Training 2 5 days
LTD/Health Benefit Meetings 2 4 hours
PERS Meetings 2 1 day
Association Conferences 1 5 days
Total 144 hours
SECTION 4.00 - CITY RIGHTS
4.01 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:
1. To determine the mission of its constituent departments, commissions and boards;
7 2. To set standards of service;
3. To direct employees, make assignments, and require overtime work;
4. To take disciplinary action;
5. To relieve its employees from duty because of lack of work or other legitimate reasons;
6. To determine the methods, means, and personnel by which government operations are to be conducted;
7. To determine the procedure and standards for selection for employment and determine the content of job classifications;
8. 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;
9. To exercise complete control and discretion over its organization and technology of performing its work;
10. To transfer or reassign employees, as outlined in the MOU;
11. To layoff employees by position as a result of: a material change in duties, organization, or shortage of work or funds in the Department or the City.
Any violation of the policies and procedures created by this MOU may be subject to disciplinary action as defined by this MOU. Any agreement between the City and the Association 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. Such a Memorandum of Understanding will be honored in good faith during the life of this contract.
Except in cases 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 Association and shall meet and confer with the Association regarding the same upon reasonable notice.
SECTION 5.00 - ADVANCE NOTICE
5.01 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 6.00 - DISCIPLINARY ACTION/APPEALS PROCEDURE
6.01 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 misconduct, the City may immediately impose more severe discipline.
6.02 Causes for Disciplinary Action:
6.02.1 Grounds for Discipline: Discipline may be imposed for just cause, including without limitation for the following grounds:
(a) Fraud in securing appointment or falsification concerning records, fellow employees, or work performed.
8 (b) Failure to satisfactorily perform the duties and responsibilities of an employee's position.
(c) Neglect of Duty.
(d) Insubordination.
(e) Reporting for or performing duty under impairment as a result of alcohol and/or drug use.
(f) Dishonesty or misuse of or misappropriation of City property and funds.
(g) Conviction of any crime involving moral turpitude, or substantially relating to the function of an employee's position. (h) Unauthorized absence.
(i) Non-observance of work hours, including tardiness, and abuse of sick leave privileges.
(j) Discourteous or non-cooperative treatment of the public or other employees.
(k) 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.
(l) 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;
(m) Knowingly filing or pursuing a false charge;
(n) Threats of violence or acts of violence towards fellow employees or members of the public in the workplace.
(o) Abuse of any City and/or Department policies and procedures. (p) Abandonment of job (5 days absence without authorization).
6.03 Disciplinary Action:
6.03.1 Written Reprimand: Repeated and/or more severe misconduct may require a more formal response by the supervisor to the employee. In the event a Written Reprimand is warranted, the employee is provided with a written memorandum, which outlines the violation(s) and the expected actions to be taken by the employee in response to the memorandum. The Written
9 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.
A Written Reprimand is not subject to the procedures outlined in Section 6.05.
6.03.2 Suspension: In the event of more severe and/or repeated misconduct, 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.
Suspensions shall be subject to the procedures outlined in Section 6.05.
6.03.3 Reduction in Salary Range: In the event of more severe and/or repeated misconduct, 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 procedures outlined in Section 6.05. Reduction in Salary shall be made on a permanent or temporary basis.
6.03.4 Involuntary Demotion: In the event of more severe and/or repeated misconduct, the employee may be reduced in rank and pay by the City. Such Involuntary Demotion shall be subject to the procedures outlined in Section
6.05. Involuntary Demotions shall be made on a permanent or temporary basis.
6.03.5 Termination of Employment: The City may terminate the employment of an employee for more severe and/or repeated misconduct. Termination shall be subject to the procedures outlined in Section 6.05.
6.04 Authority for Disciplinary Actions:
The Department Head, or designated representative, shall have authority to take disciplinary action.
6.05 Pre-Disciplinary Procedures:
6.05.1 Prior to taking any disciplinary action as defined in Section 6.03, except for Written Reprimand, against a permanent employee, the City shall notify the employee in writing of the following:
(a) The proposed disciplinary action;
(b) The nature of the charges and/or violation of Section 6.02 of this MOU, 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
10 place and time, or to respond to the charges in writing by a date certain;
(f) The right of the employee to be represented by an attorney or other representative at any disciplinary conferences or proceedings.
(g) The employee has the right to submit a written response within 10 days to the Human Resources Director. Responses will be attached to the Written Reprimand.
6.05.2 Any employee notified pursuant to 6.05.1 above who desires an opportunity to respond pre-discipline may do so orally or in writing. If the employee wishes to respond orally, the employee must appear at the appointed place and time.
The employee is not entitled to an evidentiary hearing, and the sole purpose of the pre-discipline meeting shall be to hear the response of the employee to the 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. If the City representative determines that he or she cannot be impartial, or upon timely written request by the employee, the Human Resources Director or designee may hear the employee's response.
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.
As soon as practical after the employee has had an opportunity to present a response, the City will notify the employee in writing of the nature and extent of the discipline, if any, and the date the discipline will commence. The notification will also advise the employee of any right of appeal.
6.06 Notification — Disciplinary Action: The City agrees that in any disciplinary action, except oral reprimand, taken against employees represented by the Association, the Association shall be notified by memorandum within forty-eight hours (48) hours following employees notification of pending disciplinary action, subject to employee's consent to such notification.
6.07 Right of Appeal:
6.07.1 Reprisals:
No party to the discipline process shall retaliate against any other party to the discipline process because the party participated in the discipline process.
6.07.2 Written Reprimand:
The Human Resources Director shall remove a Written Reprimand from a personnel file upon written request by the employee, provided there have
11 been no additional disciplinary actions of a similar nature during the subsequent twenty-four (24) months.
If the employee's performance appraisal review contains any reference to the Written Reprimand which has been removed from the employee's personnel file, that section or page of the employee's performance appraisal review shall be rewritten and any reference to the letter of reprimand shall be deleted at the written request of the employee.
Written Reprimands are not subject to the Discipline Appeal process covered in Arbitration (Section 6.07.3) and/or the Grievance Process (Section 10.00).
6.07.3 Appeals of Suspensions, Reduction in Salary, Demotion, Involuntary Termination: Arbitration
Within ten (10) working days of the receipt of notice of final disciplinary action, the disciplined employee may appeal the disciplinary action to arbitration by filing a written request to the Department Head with a copy sent to the Human Resources Director.
If either the City or the disciplined employee so requests, the arbitrator shall hear the merits of any issue raised regarding the arbitrability of the discipline appeal first. No hearing on the merits of the discipline appeal will be conducted until the issue of arbitrability has been decided.
The parties shall request a list of seven (7) arbitrators within ten (10) working days after receipt of the employee's request for arbitration from the California State Mediation and Conciliation Service.
The fees and expenses of the arbitrator and the certified court reporter shall be shared equally by the City and the employee organization, if the employee organization represents the disciplined employee at the arbitration. The services of the certified court reporter are optional. However, both parties must agree if a certified court reporter is employed. Financial responsibility shall be established before the 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.
The arbitrator's power and authority is limited to the issue of whether the grievant was disciplined for good or just cause, and if not, what the appropriate remedy should be. The arbitrator shall be without power or authority to make any decision or award that requires the City or the administration to do an act prohibited by law.
If, as a result of an arbitration award, an employee's disciplinary action is deleted or modified in any way and if the employee's performance appraisal review contains any reference to the disciplinary action, that section or page of the employee's performance appraisal review shall be rewritten and any reference to the disciplinary action shall be deleted.
12 Decision - Final and Binding: The decision of the arbitrator shall: (a) be made in writing within thirty (30) working days of the close of the hearing or submission of written briefs and (b) shall be final and binding upon both parties.
6.08 Every effort shall be made to schedule meetings for the processing of disciplinary actions/appeals procedure at times which will not interfere with the regular workday of the participants. If any disciplinary meeting or hearing must be scheduled during duty hours, any employee required by either party to participate 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 by the City.
6.09 Waiver of Steps or Time Limits: Notwithstanding any provision in this section, any time limit or stage of procedure specified in this section may be waived or extended upon written consent of all parties.
SECTION 7.00 - LAYOFF
7.01 Any layoff shall be according to seniority and the procedures as defined and set forth in Municipal Code Section Vl-102 et seq.
7.01.1 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.
7.01.2 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.
7.01.3 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 8.00 - RESIGNATION
8.01 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 9.00 - OTHER EMPLOYMENT
9.01 Employees may engage in other employment or business activity that does not conflict with the Employee’s duties and which does not involve time demands that 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.
13 9.02 An employee’s outside employment, activity or enterprise may be prohibited if it:
(a) 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.
(b) 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.
(c) 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.
(d) Involves such time demands as would reduce the Employee’s efficiency or safety.
9.03 Employees must notify 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. Documents concerning other employment shall be kept in the employee’s personnel file.
9.04 Employees who engage in outside employment that conflicts with duties or who intentionally fails to submit a timely notice to engage in outside employment shall be subject to disciplinary action.
SECTION 10.00 - GRIEVANCE PROCEDURE
10.01 Definitions:
(a) A grievance is any dispute which involves the interpretation or application of any provision of this MOU. A grievance does not include disciplinary actions, as a different review procedure for disciplinary matters is otherwise provided in this MOU. Performance appraisal reviews are not grievable.
(b) A “grievant” is any employee, or union representative on behalf of an employee adversely affected by an alleged violation of the specific provisions of a Memorandum of Understanding.
(c) A “working day” is any day in which the City Hall is open for business. (d) “Employee organization” is the Milpitas Employees Association, an affiliate of LIUNA/UPEC, Local 792.
10.02 Representation:
At any step in the grievance procedure, the employee concerned may choose to represent himself/herself; or be represented by the certified employee organization which has been recognized by the City for that representation unit to which the employee’s classification is assigned; or by legal counsel. The employee concerned shall be personally present at all stages of the grievance procedure unless that employee specifically waives the right in writing.
14 10.03 Scheduling/Attendance:
Every effort will be made to schedule meetings for the processing of grievances at times which will not interfere with the regular workday 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 by the City.
10.04 Informal Grievance
It is the intent to deal with and settle grievances informally, at the nearest practical organizational level, and as promptly and fairly as possible. In any instance of grievance, the Grievant shall first raise the issue with their immediate supervisor within thirty (30) calendar days following the occurrence, or knowledge of the events on which the grievance is based. Employees waive the right to grieve beyond this thirty (30) day period. Every effort shall be made to resolve such grievance at this level.
10.05 Formal Grievance--Level I
If a mutually satisfactory solution of a grievance as specified in the paragraph above is not reached, then within ten (10) working days of the immediate supervisor's decision, the grievant shall submit a grievance statement in writing. The written grievance shall set forth all of the issues involved; shall be dated and signed by the grievant; and shall be submitted to the Department Head. The grievance shall contain each of the following (providing the grievant possesses the knowledge required in order to comply):
(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) A listing of the provisions of the MOU which are alleged to have been violated; (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;
(e) An explanation why the grievant believes the decision at the informal grievance step was unsatisfactory;
(f) A statement declaring self-representation; and
(g) The name, address, and telephone number of the person(s) to whom notices may be sent regarding the grievance.
The Department Head, or designated representative, shall investigate the facts and issues and reach a conclusion at the earliest date consistent with the nature of the investigation and within normal conduct of the department's business. Upon reaching such conclusion, but in any event within ten (10) working days of the receipt of the grievance statement, the Department Head or designated representative shall reply in writing stating the department's view of the issue involved.
10.06 Formal Grievance--Level II
If the grievance has not been disposed of at Level I, the grievant, within ten (10) working days after receipt of the department’s written reply at the completion of Level I, shall forward the said written grievance to the Human Resources Director or designated
15 representative. The Human Resources Director or designated representative shall review the facts and issues and further investigate as is necessary and will reach a conclusion at the earliest date consistent with the nature of the investigation and within normal conduct of the City's business. Upon reaching such conclusion, but in any event, within ten (10) working days of the receipt of the grievance statement, the Human Resources Director or designee shall issue a written decision on the grievance appeal.
10.07 Formal Grievance--Level III
If the grievance has not been disposed of at Level II, the grievant, within ten (10) working days after receipt of the Human Resources Director's written reply at the completion of Level II, shall forward the said written grievance to the City Manager or designated representative. The City Manager or designated representative shall review the facts and issues and further investigate as is necessary and will reach a conclusion at the earliest date consistent with the nature of the investigation and within normal conduct of the City's business. Upon reaching such conclusion, but in any event, within ten (10) working days of the receipt of the grievance statement, the City Manager or designee shall issue a written decision on the grievance appeal.
10.08 Arbitration
Within ten (10) working days of the receipt of City Manager's final decision, the Grievant may request arbitration by filing a written request to the Human Resources Director.
If either the City or the grievant so requests, the arbitrator shall hear the merits of any issue raised regarding the arbitrability of a grievance first. No hearing on the merits of the grievance will be conducted until the issue of arbitrability has been decided.
The parties shall request a list of seven (7) arbitrators within ten (10) working days after receipt of the employee’s request for arbitration from the California State Mediation and Conciliation Service.
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. The services of the certified court reporter are optional; however, if any party and/or the arbitrator desires a certified court reporter, a court reporter will be employed. The parties will share the cost of the Court Reporter, including the original transcript, and shall pay for their own copies of the transcript. However, if 1) the arbitrator does not desire a transcript or require a court reporter, and 2) a party states in writing before the beginning of the hearing both that the party (a) does not desire a court reporter and (b) will not order a transcript, that party shall not be responsible for paying any portion of the cost of the court reporter. 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.
The arbitrator's power and authority is limited to the interpretation of this Agreement.
The arbitrator shall be without power or authority to render any decision or award that requires the City or the administration to do an act prohibited by law.
10.09 Decision - Final and Binding:
16 The decision of the arbitrator shall (a) be made in writing within thirty (30) working days of the close of the hearing or the submission of written briefs; and (b) shall be final and binding upon both parties.
10.10 Waiver of Steps or Time Limits:
Notwithstanding any provision in this section, any time limit or stage of the procedure specified in this section may be waived or extended upon written consent of all parties involved.
SECTION 11.00 - WORK SCHEDULES
11.01 Employees shall work a 40-hour workweek. The Department Head shall have the authority to review, and as necessary, modify the work schedule each April 1 and September 1. However, any such modification shall not include changing from a four- day work week to any alternative schedule without meeting and conferring on the specifics of the proposed change. Said schedule shall be circulated 30 calendar days prior to the beginning of each April 1 and September 1, respectively to all affected employees. 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, however, 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.
Management retains the sole right to determine scheduling needs.
Employees will work a 4-10 (four ten-hour shifts per work week) work schedule. The following conditions will apply for employees assigned to work the 4/10 work schedule:
•Employees on the same work crew will work the same work schedule. •Employees will work ten-hour shifts on four consecutive days per week, unless both parties agree to exception(s).
•Standard work hours for the 4/10 work schedule will be:
oDay Shift: 7:00AM – 5:30PM
oEvening Shift: 2:00PM – 12:30AM
•Employees of a particular work crew with MEA consent may submit a request to their Manager for their start/end time to be adjusted for the entire work crew. The request will specify the crew(s) to be affected by the proposed adjustment. Upon the written approval of the Department Director, the start/end time of a crew’s shifts may be adjusted for a specified duration and may be subject to change at any time based on operational needs
•Employees will have a 30-minute unpaid lunch break. Rest breaks will not be taken consecutively or combined with the lunch break, but shall be scheduled approximately midway between the lunch break and the beginning and end of each shift.
•An employee may request to change their day off on the regular schedule from Monday to Friday, or Friday to Monday, if approved by the Manager and/or Department Head. Intermittent trades of days off is discouraged. The Manager or Department Head must approve any change in advance and determine that the change will not disrupt workload or coverage.
•On a quarterly basis, the City and MEA will evaluate the efficiency of the 4/10 work schedule and identify areas for improvement during the regularly scheduled Labor-Management Meetings.
17 11.02 In all cases, employees who are assigned to shifts in which one-half of their hours fall between the hours of 6:00 p.m. and 8:00 a.m. 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.
SECTION 12.00 - WORKING TITLES
12.01 It is agreed that working titles may be adopted within established job classifications with approval of the Department head.
SECTION 13.00 - TEMPORARY APPOINTMENTS
13.01 Any employee receiving a temporary appointment to a vacant position shall serve in accordance with the City's Personnel Rules and Regulations. Any employee who has satisfactorily served in a temporary capacity for three months or longer and is selected for a permanent appointment to the same class by the appointing authority, shall receive credit towards completion of the probationary period for the duration of the temporary appointment from the first date of the assignment. A performance appraisal of the employee is required at the time of the permanent appointment.
SECTION 14.00 - ATTENDANCE
14.01 General:
Employees shall be in attendance at their work place in accordance with the rules regarding hours of work, holidays, and leaves.
14.02 Unauthorized Absence:
14.02.1 An employee whose absence is not authorized shall not receive pay or benefits for the absent period and may 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.
14.02.2 Any employee shall report his/her absence at or prior to the beginning of shift of the same day to the supervisor or higher authority. Failure to do so may result in unauthorized absence.
14.03 Breaks:
Employees shall be entitled to the privilege of two 15-minute breaks during each standard work day.
14.04 Responsibility to Maintain Service:
No employee shall schedule a break at such time as to leave the office in which the employee works unstaffed.
14.04.1 Persons whose responsibility includes public contact shall advise a responsible person in their office before leaving for a break.
18 14.04.2 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 may call at the office.
14.05 Limitations for Breaks:
14.05.1 For work days from 8:00 a.m. to 5:00 p.m. or 7:00 a.m. to 5:30 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.
14.05.2 For irregular work days, breaks shall be taken after the first one and one-half hours and before the last hour of each half shift.
SECTION 15.00 - PAY PLAN
15.01 Advancement shall not be automatic but shall depend upon 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 salary advancement shall be made so as to exceed the maximum rate established in the pay plan for the class to which the advanced employee’s position is allocated.
The following is the basis of compensation for Employees on a five-step range.
15.01.1 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 the approval of the City Manager.
15.01.2 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.
15.01.3 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.
15.01.4 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.
15.01.5 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.
15.01.6 A merit increase prior to the normal anniversary date may be granted to a Permanent Employee for outstanding performance or unusual employment conditions at any time, on the recommendation of the Department Head and the approval of the Human Resources Director or City Manager.
19 15.02 Performance Appraisal Review - Performance appraisals are an important personnel tool, and the City should endeavor to conduct them in a timely manner.
15.03 The City shall evaluate employees annually, (1) from their date of hire, or (2) the date they entered their class (when promoted or demoted the classification date shall supersede the hire date). In any case, an employee shall 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 top step of the salary range for his/her classification, the Human Resources Department shall process the forms necessary to advance the employee to the next step in the pay range effective with the nearest full pay period to eligibility. The nearest full pay period is defined in Section 15.06. Supervisors must complete a Performance Appraisal Review (PAR) on a timely basis if they intend to withhold a step advancement for the employee.
If a supervisor subsequently finds that the employee would have been entitled to a step increase (under this Section) as of that due date, 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 at least 30 working days after it is due, the employee shall have the right to file a grievance under Section 10 of this Understanding.
15.04 Salary Following Promotion:
Employees receiving a promotion shall receive at least a 5% increase in salary unless limited by the maximum salary range.
15.05 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. 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 Director of Financial Services.
15.06 All salary advancements specified within this section shall be effective with the nearest full pay period to eligibility. The nearest full pay period shall be defined as follows:
For eligibility dates which fall within the first seven (7) days of a pay period, any increase shall be effective at the beginning of that pay period.
For eligibility dates which fall within the second seven (7) days of a pay period, any increase shall be effective at the beginning of the following pay period.
15.07 “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 attached. 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 an 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.”
20 SECTION 16.00 - SALARY
16.01 The monthly salary schedule labeled Appendix “A” and attached hereto is hereby made a part of this Memorandum of Understanding.
16.02 Retroactive to July 1, 2023, the salary schedule previously in effect shall be increased by 4%.
Effective the first pay period in July 2024, the salary schedule previously in effect shall be increased by 4%.
SECTION 17.00 - OVERTIME
17.01 Where, in the course of performing their duties, it is necessary for an employee to work more than their standard 40-hour workweek, said employee shall be compensated as described in this section.
17.02 A minimum of three hours pay or its equivalent in compensatory time off at the option of the employee shall be guaranteed for any employee, at the rate of time and one-half, who after leaving their employee’s place of duty is required without prior notice to return for emergency duties between the hours of 10 p.m. and 5 a.m.
17.03 All other overtime, scheduled or unscheduled, shall be compensated at the rate of time and one-half pay or the equivalent in compensatory time off at the option of the employee, however, that employees required to work up to eight (8) minutes beyond their normal work hours shall not receive overtime. For purposes of computing overtime pursuant to this section the City will apply a rounding up policy to the nearest quarter hour
17.04 Overtime occurring on a paid City holiday shall result in pay, or compensatory time off, at the rate of time and one-half in addition to base pay.
17.05 Compensatory time off (CTO) credits may be accrued by employees, up to a maximum of 240 hours on the last day of the pay period that includes June 1st of any year.
Employees shall receive pay for the hours of compensatory time off earned which exceeds the 240-hour limit in pay period 12.
17.06 In the event an employee is required to work overtime beyond his/her regular shift and does not receive at least four (4) hours off before the next day's shift, he/she shall be deemed not to have left work and shall receive overtime compensation, until a break of four (4) hours or greater is taken.
17.07 After working overtime and not having at least eight consecutive hours of off duty, an employee shall not be required to report to work until eight hours after the completion of the overtime assignment, or such amount as may be required by federal or State of California authorities for employees holding a Commercial Driver License. The employee shall be paid from the beginning of the employee’s next regular shift.
17.08 Permanent MEA employees will be given the first priority in the assignment of scheduled and unscheduled overtime. Temporary employees will not be assigned to scheduled or unscheduled overtime if appropriate permanent employees are reasonably available or except in the case of an emergency and/or immediate service need of the City.
21 17.09 Paid accrued leave, specifically sick leave, vacation leave, workers' 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.
17.10 In the event an employee is assigned to work overtime that is not pre-arranged, the City will provide meal allowance stipends under the following conditions:
17.10.1. An employee required to begin work two or more hours prior to the start of their regular work shift is eligible to receive a $15 meal allowance stipend.
17.10.2. An employee required to work two or more hours past the end of their regular work shift is eligible to receive a $25 meal allowance stipend.
17.11 All overtime is subject to prior authorization from the supervisor.
SECTION 18.00 - STANDBY ASSIGNMENT
18.01 The City reserves the right to assign employees to standby status during non-work hours, including week nights, weekends and holidays. Employees assigned to this status shall be required to be available for immediate return to work upon notification by their supervisor or the Police Department Communications Dispatcher. No employee shall be required to respond to a call back via cell phone, pager or other electronic device provided by the City unless they are compensated for such time waiting or on Stand-by.
When assigned to standby status, the following conditions shall apply:
18.01.1 Standby assignments shall be made to Maintenance Worker II's or higher with a Class B license and tanker endorsement.
18.01.2 A City vehicle shall be provided for use by the employee.
18.01.3 Substitutions must be done in accordance with the Standby SOP Section 4d.
18.01.4 Travel precluding reasonable response time shall not be permitted.
18.01.5 Failure to respond shall automatically result in a loss of compensation for the shift of standby during which the failure to respond occurred and may cause further disciplinary action if warranted when taking the circumstances into consideration.
18.01.6 Preliminary standby schedules for a six-month period shall be prepared six weeks in advance. The schedule shall be distributed to standby eligible personnel for a two-week review for changes prior to release.
18.01.7 Employees shall have the right to refuse a stand-by assignment only in the case of a personal emergency defined as a time-sensitive and serious or life- threatening medical situation for the employee or the employee’s immediate family member, or in the case of the death of an employee’s immediate family member. Employees have the right to execute changes (trades), 7 days prior to their scheduled standby shift. In the event of a trade, the originally assigned standby employee shall bear the responsibility for finding their replacement per the Standby SOP Section 4d.
22 18.01.8 No employee shall be assigned mandatory stand-by when at least two volunteers are available for assignment.
18.01.9 Standby shifts are Mondays starting at 5:00pm to Thursdays at 5:00pm and 5:00pm Thursdays to Mondays at 7:00am for a total of 2 shifts per week.
Employees will be compensated $240 for weekday shifts and $360 for weekend shifts per week. For each holiday which occurs an employee is on stand-by, the employee shall receive an additional $100 dollars.
18.01.10 Employees on stand-by who are contacted and consulted by telephone about a City emergency between the hours of 10 p.m. and 5 a.m. and who provide advice, shall be paid at an overtime rate or the equivalent in compensatory time off for the actual time on the phone, or one hour or the equivalent in compensatory time off, whichever is more.
18.01.11 Employees must complete lateral cross-training within a year to be considered for the stand-by program in an area outside of their assigned area (e.g. utility, facilities, signal, pump station alarm, etc.).
18.01.12 Employees on light duty or with a performance below standard (2 or less) will not be eligible for standby duty.
18.01.13 This section shall be administered in conjunction with the Standby SOP.
SECTION 19.00 - BILINGUAL ASSIGNMENT
19.01 Effective February 3, 2015, bilingual pay was eliminated. Those employees receiving bilingual pay at the time of the elimination shall retain the pay.
SECTION 20.00 - WORK OUT OF CLASS
20.01 The City agrees that upon specific assignment by the Department Head, or the designated representative, an employee may be required to perform the duties of a higher classification. Such assignment shall be made only to existing authorized positions.
20.02 Employees assigned to duties of a higher class for at least one shift shall be compensated at a rate of 10% above the employee’s current base salary while working out of class, except where such increase exceeds the pay range allocated of the assigned position. The employee shall be compensated at the appropriate rate commencing with completion of one shift. Assignments shall not be made for less than one shift. Should an assignment be made for less than one shift, the 10% rate shall be paid for the full shift.
20.03 General:
(a) Work out of class assignments shall be given on a rotational basis, when practical.
(b) Work out of class assignments shall not, as a matter of routine practice, be given to probationary employees or Maintenance Worker I's.
23 (c) Work out of class assignments shall not, as a matter of routine practice, be given to employees performing at less than a competent level as determined by the last performance appraisal.
20.03.1 Out of class Supervisor assignments shall be made (a) when a supervisor is unavailable for one shift, (b) usually to the next lower classification in the section, (c) for specific assignment where a lower classification must serve in a capacity of a higher class, (d) when required to perform the duties of a classification with a higher pay range and outside the bargaining unit (i.e., inspection work in lieu of a Public Works Inspector). Should an assignment be made for less than one shift, the 10% rate shall be paid for the full shift.
20.03.2 Out of class Maintenance Worker III assignments shall be made (a) in the scheduled or unscheduled absence of the III normally assigned, (b) when assigned to operate certain heavy equipment. Exception: Work out of class assignments may not be made where permanent schedules exist without an assigned Maintenance Worker II on duty.
20.04 Exceptions to this policy due to working conditions and/or the needs of the City may be approved by the Department Head.
20.05 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 21.00 – VACANT POSITIONS AND LATERAL TRANSFERS
21.01 Employees shall be considered for lateral transfer subject to the following conditions:
21.01.1 The transfer must be recommended by both the outgoing and incoming supervisor and approved by the Department Head.
21.01.2 The transfer must be approved by both the outgoing and incoming Department and/or Division Head. Employees hired on or after January 1, 2007 must be within the same classification to be eligible for a lateral transfer. Any employee within the same classification who can clearly demonstrate knowledge and experience would be eligible to apply.
21.01.3 Probationary employees shall not be eligible for lateral transfer.
21.01.4 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.
21.01.5 Employees who are performing “below expectations” or “unsatisfactory” shall not be considered. This shall be determined by examination of the most recent employee appraisal on file. If the appraisal on file is more than twelve (12) months old, a new appraisal shall be done prior to the time the transfer is finalized.
21.02 The City will make reasonable effort to fill vacancies within six (6) months of a position becoming open. All vacant permanent positions shall be opened to lateral transfer and/or
24 internal promotional candidates prior to consideration for filling that position from an outside source. Recruitments that do not yield at least three internal candidates may be open to recruitment from an outside source.
21.02.1 Written notice of a vacant permanent position shall be circulated by the Human Resources Department to all employees of the bargaining unit. The notice shall include the opening and closing dates for the acceptance of lateral transfer requests.
21.02.2 A period of ten (10) working days shall be allowed during which written requests for lateral transfer must be submitted by any interested employee.
21.02.3 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.
21.02.4 Oral interviews of eligible employees shall be conducted by the hiring supervisor. Lateral transfer applicants shall be rated using a rating form pre- approved by the Department Head.
21.02.5 Written notice of the results of the interview process shall be made by the incoming supervisor within five (5) working days of the last interview.
21.02.6 Exceptions to the above process due to working conditions and/or the needs of the City may be approved by the Department Head.
SECTION 22.00 - HOLIDAYS
22.01 The following shall be paid holidays for employees:
1. January 1 (New Year's Day)
2. Third Monday in January (Observance of Dr. Martin Luther King Jr's Birthday)
3. February 12 (President Lincoln's Birthday)
4. Third Monday in February (Observance of President Washington's Birthday)
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. Each employee shall be credited with one (1) floating holiday each calendar year, which must be used by December 31, or it is lost without compensation. Section
22.03 applies in the case of the floating holiday.
14. In the event a holiday falls on a Sunday, the following Monday will be observed as the holiday instead.
15. In the event a holiday falls on a Saturday, the preceding Friday will be observed as the holiday instead.
16. Any other holiday declared by the City Council as a City holiday for City employees.
25 17. For other than 5-day work weeks, any work week which includes one or more holidays shall be reduced in hours commensurately. The number of days worked during the work week shall be subject to the approval of the Department Head.
18. 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 Department Head.
22.02 Where one of these holidays falls on a working day, employees shall be granted the day off with eight-hours of 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.
22.03 When a holiday falls on a full-time employee’s scheduled workday, the employee is entitled to be paid only eight (8) hours of holiday pay. If the workday is a ten (10) hour day, the employee may use two (2) hours of vacation or CTO to receive pay for the full shift. If the employee does not have any available balances, the employee may use two (2) hours of unpaid leave.
22.04 Employees who work less than full-time shall earn holiday leave on a pro-rated basis based on their regularly scheduled assignment.
22.05 Holiday Closures
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.
26 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 23.00 - VACATION LEAVE
23.01 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. The accrual rates, in hours per pay period, are as follows:
40 Hour
Workweek
Hours/pay period
From date of hire through the fourth year of employment 3.38 From fifth through ninth year of employment 4.92 From tenth through fourteenth year of employment 6.46 From fifteenth through nineteenth year of employment 8.00 From twentieth year of employment and on 9.53
23.02 Employees who work less than full time shall earn vacation credits on a pro-rated basis based on their regularly scheduled assignment.
23.03 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 month of continuous service, the employee may be permitted to take vacation leave not to exceed 40 work hours, depending on the employee’s regular work schedule.
23.04 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.
23.05 No employee may accumulate and carryover more than 300 hours of vacation as of the last day of the pay period that includes June 1st without the express written consent of the City Manager. All hours in excess of 300 hours will be cashed out in Pay Period 12.
No employee shall be allowed to be on paid leave for a period of over 225 consecutive work hours.
27 23.06 In the event one or more municipal holidays fall within the annual vacation leave, such holidays shall not be charged as vacation leave.
23.07 Upon separation from the City for any reason, an employee shall be compensated for accrued vacation leave.
23.08 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. At the time of making an expenditure, each employee shall advise the department head of the amount of said expenditure. In the event an employee fails to advise the department head, the employee may lose all rights to reimbursement.
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:
1. An employee whose annual vacation leave accrual is 120 hours or less may elect to cash out a maximum of 40 hours of accrued annual vacation leave per calendar year.
2. An employee whose accrued annual vacation leave exceeds 120 hours may elect to cash out a maximum of 80 hours per calendar year.
3. 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.
4. 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 1 st 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.
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. (c) 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 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 cash-out accrual any time after eight pay periods have passed. (d) As a condition of applying for cash-out, an employee must consent to future payroll deductions (in accordance with Section 7 below) for necessary withholdings of required taxes.
(e) All cash-outs of future vacation accruals will be included in an employee’s regular paycheck.
5. 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
28 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 23.09 (1) through (3).
6. Vacation leave may not be carried-over to cash-out in subsequent years, except upon separation from City service.
7. 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 24.00 - SICK LEAVE
24.01 Employees shall be granted paid sick leave credits beginning with the date of original employment at the rate of 3.69 hours for 40-hour employees on a bi-weekly basis.
Employees become eligible to take accrued sick leave upon completion of one full month of continuous services. 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 advance. Approval of sick leave for appointments in excess of four (4) hours are subject to the discretion of the Department/Division Head. The Human Resources Director shall direct and enforce such administrative control as may be necessary to prevent abuse of sick leave privilege.
24.02 Employees who work less than full-time shall earn sick leave on a pro-rated basis based on their regularly scheduled assignment.
24.03 The City agrees to provide CalPERS Credit for Unused Sick Leave (GC 20965) provision—see MOU section 31.0—for all employees retiring from the City through CalPERS.
24.04 Sick leave cash out for existing employee’s “IRS Constructive Receipt”: Employees hired on or before July 17, 1999, with five (5) or more years of service wishing to cash out
29 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 24.05. 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.
24.05 For employees hired on or before July 17, 1999, the City agrees to provide CalPERS Credit for Unused Sick Leave (GC 20965) or pay an employee who is separating from the City in good standing with at least five (5) years of service an amount equal to 2.5% 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. Good standing shall be based on the employee’s overall work record and the decision of the Human Resources Director.
SECTION 25.00 - FAMILY LEAVE
25.01 Employees with available sick leave accruals may use such sick leave for family medical purposes when a member in the employee’s immediate family is involved.
25.01.1 In this section, family medical purposes shall mean illness, accident, medical appointments or other related occurrences.
25.01.2 Immediate family is defined to include: mother, mother-in-law, father, father-in- law, spouse, domestic partner, brother, sister, son, daughter, grandparent, grandchild, adoptive parents or adoptive children, whether the immediate family is of the employee’s or the employee’s spouse’s family.
25.01.3 Each employee shall be allowed to use a maximum of up to half (50%) of the employee’s annual earned sick leave per calendar year for this purpose.
Additional leave may be granted in unusual circumstances by the Human Resources Director.
25.01.4 Employees may use accrued sick leave up to fourteen (14) consecutive calendar days leave for birth or adoption of a child beginning with the day of adoption or birth.
SECTION 26.00 - COMPASSIONATE LEAVE
26.01 The City agrees to provide compassionate leave when death occurs due to the death of to a member of the employee’s immediate family, not to exceed one work 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.
26.02 Immediate family is defined to include: mother, mother-in-law, father, father-in-law, spouse, domestic partner, brother, sister, son, daughter, grandparent, grandchild, adoptive parents or adoptive children, whether the immediate family is of the employee’s or the employee’s spouse’s family.
30 26.03 Salary paid during this leave is not deducted from any leave balance. Additional leave may be granted in special circumstances by the Human Resources Director.
26.04 In special circumstances, the Human Resources Director may allow an employee to utilize compassionate leave for individuals who are not members of the employee’s immediate family.
SECTION 27.00 - MILITARY LEAVE
27.01 Military leave shall be granted in accordance with the provision of State and Federal law.
All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken. An employee shall notify and provide applicable orders to the Department Head of the need for military leave as soon as possible after learning of the need.
SECTION 28.00 - WORKERS’ COMPENSATION LEAVE
28.01 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 worker's compensation insurance administrator authorized by the City.
Workers’ Compensation leave shall be 100% of regular pay for two (2) calendar weeks (80 hours or 75 hours, depending on the employee’s regular work schedule), followed by 80% of regular pay for six weeks (32 hours or 30 hours per week, depending on the employee’s regular work schedule) to a maximum of sixty (60) calendar days. 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. Leave accruals shall be prorated accordingly.
In addition, any employee incurring such an injury or disability shall be entitled to compensation to the extent provided in 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 employees 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.
a) Upon expiration of available workers’ compensation leave, all time lost (including doctors' appointments and therapy treatments less than one full workday) shall be charged to earned vacation and sick leave, if available. b) When an employee chooses to integrate leave balances, upon expiration of available earned comp time, vacation and sick leave, the employee shall only be entitled to receive Workers’ Compensation payments, as specified by law.
28.02 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. .
31 28.03 Injured employees designated permanent and stationary or accepted into a qualified rehabilitation program and unable to return to their prior occupations may retire (if eligible) or involuntarily terminated.
SECTION 29.00 - LEAVE OF ABSENCE
29.01 The Human Resources Director may grant a Permanent employee 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.
29.01.1 In evaluating employee requests, the 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.
29.01.2 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.
29.01.3 An employee who is on leave without pay status 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.
29.01.4 The Human Resources Director 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.
29.02 A department head shall have the authority to approve an unpaid leave not to exceed 150 work hours each fiscal year.
29.03 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 workforce, except that they shall be placed at the bottom of a reemployment list for any position for which they qualify.
29.04 Failure on the part of an employee on leave to report to duty on the date and time that leave terminates may be cause for discharge.
SECTION 30.00 - LIGHT DUTY
30.01 The City recognizes the importance of providing support and encouragement to employees who are recovering from an injury or illness in an effort to assist in making a complete and healthy recovery. Therefore, the City agrees to make every reasonable effort to temporarily provide light duty as follows:
30.01.1 Any assignment of light duty shall be conditioned upon receipt of a statement from a physician which either recommends or requires light duty.
32 30.01.2 No employee assigned to light duty shall be required to return to their regular duties without a written release from a physician.
30.01.3 The temporary assignment of light duty may be in any department of the City provided that the assignment is compatible with the employee’s ability, consistent with the written recommendations of the employee’s physician, and is subject to the approval of the Department Head.
30.01.4 Said employee shall not be increased nor reduced in pay or benefit solely by virtue of said temporary transfer.
30.01.5 Provided that the City may verify said disability by having said employee examined by a physician of the City's choosing at the City's expense.
30.01.6 In the event of conflicting medical opinions, no employee shall be required to accept a light duty assignment.
30.01.7 The City is currently developing a policy on the subject of light duty. MEA agrees to meet and confer with the City during the term of the MOU regarding the policy.
SECTION 31.00 - RETIREMENT
31.01 The City will provide the 2% at 62 CalPERS retirement plan based on the highest 3 year annual average pensionable compensation depending on the eligibility of the new hires, hired on or after January 1, 2013. Employee shall be responsible for the member portion of the contribution to CalPERS retirement.
The City will provide the 2% at 60 CalPERS retirement plan based on the highest 3-year annual average pensionable compensation plan to all new hires (Section 20475:
Different Level of Benefits Provided for New Employees) hired on or after October 9, 2011 the effective date of PERS ordinance adopted by the City Council. Employees shall be responsible for the 7% member contribution to CalPERS retirement.
For employees hired before October 9, 2011, the City shall continue, during the term of this Understanding, the present retirement plan, commonly referred to as the 2.7% at 55 plan, including the final year compensation amendment and 1959 Survivors Benefit in full force and effect. Employees shall be responsible for 8% member contribution to CalPERS retirement.
31.02 Upon retirement, disability retirement or death, for those employees who were hired on or before July 17, 1999 only, 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 sick leave. The pay- out formula shall be: 2.5% x years of service x highest hourly rate x sick leave hours accrued; or
31.02.1 Upon retiring with CalPERS, all eligible employees may participate in the PERS Credit for Unused Sick Leave (GC 20965) provision of the City’s CalPERS retirement plan.
33 31.03 For the purpose of this section, an employee who is retiring is one who has submitted an application for retirement to the California Public Employees Retirement System (CalPERS) and had it approved.
31.04 Retiree Medical
31.04.1 For employees hired before June 30, 1996, the City agrees to pay the premiums for employee-only health coverage for all employees, with at least five (5) years of service, who retire after July 17, 1999 and as long as the employee maintains enrollment in one of the City health plans. Employees receiving disability retirements shall be eligible for retiree health coverage until they are covered by another health plan (such as another employer or through a spouse). Retirees may elect to continue coverage for a spouse under the retiree group medical plan provided that the spouse is covered by the group plan at the time the employee retires and maintains enrollment. The retiree is responsible for the additional monthly premium.
31.04.2 When the City contributes toward retiree premiums, the maximum allowable shall be based on the lowest single rate for active employees. This maximum allowable City contribution shall not apply to persons who retire prior to the date this MOU is adopted by the Milpitas City Council.
31.04.3 Employees hired after June 30, 1996, shall be subject to the following provisions with respect to the retiree health plan benefits:
Upon completion of the first through the ninth year of service, and upon retirement, the City shall provide 25% of the lowest cost single medical insurance premium payment for the employee only (no more than any active employee’s single lowest cost premium rate), as long as the employee remains in one of the City sponsored health care programs.
Upon completion of the ninth year, this payment of the retiree's medical insurance shall increase to 50%.
Upon completion of the fourteenth year, this payment of the retiree's medical insurance shall increase to 75%.
Upon completion of the nineteenth year, this payment of the retiree's medical insurance shall increase to 100%.
31.05 PERS Contract Amendment - Credit for Unused Sick Leave
31.05.1 Effective July 18, 1999, the City has amended its PERS contract to provide for the Credit for Unused Sick Leave as set forth in Government Code Section 20862.8.
31.05.2 All employees hired on or after July 18, 1999 shall not be entitled to sick leave cash out. Sections 24.03 and 31.02 of the MOU shall not apply to them.
34 SECTION 32.00 - BENEFITS
32.01 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.
1. The aforementioned health care plan is currently being offered by the City of Milpitas. The City reserves the right to discontinue offering CalPERS due to 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.
2. If the City discontinues use of CalPERS Health, they will provide a health care provider with similar services.
3. The City will provide a life insurance policy in the amount of $50,000.00 for each employee.
4. The City shall continue to provide a Short-Term Disability Plan at the current benefit level.
5. The City shall continue to provide a Long-Term Disability Plan at the current benefit level.
6. The City will provide a vision plan for each employee and eligible dependents.
7. Payroll deductions for benefit costs above the City benefit contribution shall be permitted, provided that the City shall not assume unreasonable administrative costs.
8. 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 ($125.00) per month, paid bi-weekly ($57.70) over 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.
32.02 Benefit Contribution 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, if an employee is budgeted to work twenty (20) hours per week, the City will contribute fifty percent (50%) of the benefit contribution for full time employees. Similarly, if a part-time employee is budgeted to work thirty (30) hours per week, the City will contribute seventy- five percent (75%) of the benefit contribution. The City agrees to provide short-term disability and long-term disability insurance benefits, with similar coverage to the coverage employees possess, at no cost to part-time employees.
32.03
35 SECTION 33.00 - TRAINING
33.01 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:
a. Regular wages for time away from the job (if during working hours); b. Overtime or compensatory time off whenever an employee’s combined training time and work time exceeds the scheduled work day;
c. Costs of tuition and/or registration for the training; d. 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).
33.02 Participation in and successful completion of training course may be considered in making employment advancements and promotions.
33.03 The City of Milpitas provides a tuition reimbursement program for educational activities, which are job related 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 $1,400 per fiscal year. Reimbursement is subject to the guidelines outlined in the Tuition Reimbursement Standard Operating Procedure (S.O.P. 6-13).
SECTION 34.00 - UNIFORMS
34.01 The City agrees to provide uniform work clothes for MEA employees who are required to wear such uniforms on an annual basis. Uniforms are to identify City employees. Shirts and hats shall have the city emblem, department name, and/or the words City of Milpitas.
34.02 The following laundered clothing shall be provided:
(a) Nine (9) work pants
(b) Nine (9) may be the tailored shirts.
(c) Five (5) pair of coveralls
34.02.1 In the event a uniform becomes damaged in the course of work, the City shall replace the damaged item.
34.02.3 The City will provide one Gerber/Leatherman multi-tool to current members who have not been issued a multi-tool. In addition, all new members will receive a multi-tool as part of their uniform package. The City will replace multi-tools if needed, with Department Head approval.
34.02.1 The City agrees to provide a stipend of $750 per employee for non-laundered uniform clothing. Employees shall purchase non-laundered uniform clothing from City approved vendor. Non-laundered uniform clothing will meet uniform and safety
36 requirements. The stipend will be included with the first pay period of the fiscal year for current employees and within the first pay period for new hires.
34.03 Exemption from wearing uniform:
34.03.1 If it is determined by a physician that there is a medical reason which prevents an employee from wearing a City uniform (i.e., fiber content), then such employee shall not be required to wear a uniform. To be eligible for this exemption, the employee must submit a physician's statement to his/her supervisor verifying the above. The City reserves the right to have the employee examined by the City physician (at the City's expense) at any time.
34.05 Uniform colors: All employees will wear same color uniforms, and the color and quality of uniforms shall be approved by the Department Head. The City is agreeable to two different colors to be determined by the Department Head.
SECTION 35.00 - HEALTH & SAFETY
35.01 The City shall reimburse up to $300 ($325 for bifocals) per employee per fiscal year towards the purchase of safety prescription eyeglasses provided that they are not covered by the employee’s health plan. Replacement costs may be covered upon approval of the City Manager or his/her designee if there has been a significant change in the employee’s prescription or damage occurred as a result of a work-related incident.
35.02 In addition, the City shall provide a maximum of $300 reimbursement per employee per fiscal year for the purchase of safety shoes. If additional funds after the purchase of the shoes are available, the employee may use the funds for related footwear accessories or repairs. The wearing of said items is mandatory and said footwear must meet safety guidelines set by the City.
35.03 Employee Fitness Program:
35.03.1 Purpose: To provide employees the opportunity to voluntarily participate in City-sponsored recreation programs at no cost during non-work hours.
35.03.2 Scope of Services: This program shall allow employee participation in all adult fitness and sports related activities offered by the Recreation and Community Services Department. Employees shall be granted use of all sports facilities operated and/or maintained by the Recreation and Community Services Department at the Milpitas Sports Center.
35.03.3 Cost: Programs shall be offered at no cost to employees. Spouses shall be required to pay full registration and non-resident fees if applicable. Each non- employee participant in an organized team activity shall be required to pay a fee equal to the team registration fee divided by the number of participants.
The City agrees to waive fees for use of City parks by employees for softball team practice, except for costs if field lights are used.
35.03.4 Restrictions:
(a) Each employee shall be required to complete a registration form, medical history card, and a contract and/or a participant waiver form limiting the
37 City's liability during the employee’s participation in a particular program or activity.
(b) Organized adult athletic programs and leagues, such as softball or basketball, require that employees register in advance. Employees choosing to participate in any of the drop-in programs shall either be issued a pass (for programs which utilize passes) or use their employee ID card (which is issued to all employees at the time of initial appointment) for admission purposes.
(c) Employees shall not be afforded preferential treatment in instances where a program or activity has already reached its maximum enrollment and shall be added to an established waiting list as appropriate. (d) Participation in program requiring advanced registration shall follow the same time schedule as those established by the Department for local residents.
(e) No limit shall be placed on the number of programs or activities in which an employee may participate except that the activity must be within the scope of services offered by the Recreation and Community Services Department.
(f) Participation in the program is voluntary and must not conflict with normal work schedules and shall take place during off-duty periods.
35.04.5 These items are not meant to be an all-inclusive list of provisions and restrictions that shall otherwise need to be applied to this program, as it is likely that instances will arise that will require further adjustments. This program shall be evaluated annually with respect to its overall effectiveness and possible application to other Recreation Services programs outside of those offered at the Milpitas Sports Center.
SECTION 36.00 - MISCELLANEOUS
36.01 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.
(a) An employee shall receive authorization from their Department Head or their designee prior to using the employee’s own vehicle.
(b) 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.
(c) Any employee who drives their own vehicle on official City business must have a valid California driver’s license and proof of valid insurance.
36.02 The City recognizes that air-conditioned City-owned/leased vehicles can contribute to a comfortable and productive working environment. When ordering new vehicles, the City intends within reason to order air-conditioning in said vehicles when said equipment is offered by the manufacturer as an option.
38 36.03 Experimentation, Working Hours - Any experimentation with hours of employment or other related criteria shall be subject to meeting and conferring.
36.04 Replacement of Personal Articles - The City shall replace, within reason, personal articles damaged during performance of duty upon recommendation of the individual's immediate supervisor and Department Head, and approval of the City Manager. 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 shall obtain approval from his/her supervisor to bring in and use personal articles in the line of work.
36.05 Seniority - The City agrees to recognize and consider seniority as a factor in approving requests for vacation leave, work schedules, work assignments, and lateral transfers, when all other factors for employees are equal. The needs of the City, however, shall also be considered, and may in some instances be the determining factor for approving such requests. If seniority is not the deciding factor, an employee not selected may within 10 days of the decision make a request in writing/email to the Human Resources Director for a meeting to discuss.
36.06 The City agrees to provide sick and vacation leave balances on employee’s biweekly pay stubs.
36.07 Employees assigned as pesticide applicators shall be able to use required respirator equipment safely.
36.08 Copying Charges: The City agrees to waive copying charges for Association business that fall below $10.00 per month providing that:
(a) the Association shall not use City copying facilities or supplies to promote positions or causes which could be inflammatory or cause adverse reactions against the City;
(b) if the copying charge for any one month exceeds $10.00, then the full amount shall be payable to the Accounting Office within 30 days of receipt of statement; (c) the City shall have the right to withdraw this privilege for non-compliance with 1 and 2 above.
36.09 Special Equipment Operation: A field maintenance employee who is assigned to operate the ten- wheel dump truck or the hydraulic vacuum line cleaning truck shall be a Maintenance Worker III. In the event that an employee in a class with a lesser pay range is assigned to operate one of these pieces of equipment, that employee shall receive work out-of-class pay in accordance with Section 20.00 of the Memorandum of Understanding.
36.10 The Utilities Camera Truck (CCTV) and Sewer Truck will be operated by employees holding the classification of Equipment Maintenance Worker II or Equipment Maintenance Worker III.
36.11 The City shall provide for commercial drivers to obtain the required California Department of Motor Vehicles (DMV) medical examination through the City’s health care provider. Employees who choose to obtain a DMV medical through their personal doctor
39 are eligible for reimbursement up to $125 per employee per fiscal year towards the medical examination. Employees must submit receipts and Evidence of Benefit (EOB) coverage sheets to be eligible for reimbursement.
36.12 All employees shall be permitted release time to vote in public elections as provided for in Election Code 14000.
36.13 The City and MEA are aware that department heads and/or their designees do periodically promulgate SOPS. The City acknowledges that when the effect of any such SOP is a change regarding matters within the scope of representation, the SOP implementation shall be undertaken in accord with the Meyers-Milias-Brown-Act.
36.14. Insourcing of Work: During the term of the MOU, the City agrees to meet and confer upon request of the Union regarding insourcing Park and Landscape work that is currently being contracted out to a third party provider. The City agrees to meet with the Union within 30 days of the request.
SECTION 37.00 - NO LABOR ACTION
37.01 Neither the Association nor its agents or any employee, for any reason, shall authorize, institute, aid, condone, or engage in a work stoppage, slowdown, strike, sick-out, or any other interference with the work and statutory functions or obligations of the City while this Memorandum of Understanding is in effect. While this Memorandum is in effect, neither the City nor its agents for any reason shall authorize, institute, aid, or promote any lockout of employees covered by this Memorandum.
SECTION 38.00 - SEASONAL WORKERS
38.01 Seasonal workers shall be limited to nine hundred ninety-nine (999) hours of work per fiscal year. Seasonal workers shall be limited to the duties they may perform according to section. Seasonal workers may operate any class C vehicle that is not equipped for a special purpose. The only power equipment they may operate is equipment in the 600 & 6000 series, with the exception of chain saws and augers.
SECTION 39.00 - RETIREE CONTRIBUTION FUND
39.01 Effective with the term of this MOU, the City shall contribute 1.11% of the bargaining unit’s payroll with benefits figure for the MILPITAS EMPLOYEES TRUST fund.
39.02 The City’s commitment to the fund will be determined as of the last full pay period of June of each year. At that time, the benefit figure will be recalculated. By approximately mid-August, the computed amount will be contributed to the MILPITAS EMPLOYEES TRUST fund.
39.04 This agreement does not guarantee or commit future City funding for retiree or retiree dependent health insurance premiums.
SECTION 40.00 - INCENTIVE PAY
40.01 Professional Certification Incentive Program
40 Employees shall be eligible for the Professional Certification Incentive Program when possessing an authorized license or certificate that reflects their achievement in attaining certification for professional excellence and experience as follows:
40.01.01 Qualifying License/Certification
The professional certificate or license must be of the highest measure and meet the following criteria:
(a) The professional license or certification must be issued by either the State of California or a nationally recognized professional organization that administers a nationwide competency examination recognized by the City as a standard of excellence and professional competency.
(b) The license or professional certification shall enhance the employee’s ability to do their job and be over and above the basic job qualifications required for the position held.
(c) The license or certification must be current and not expired.
(d) All licenses or certifications must be evaluated and approved by the Public Works Director before they may be considered for this program. Decisions by the Public Works Director regarding eligibility are final.
40.01.02 Conditions and Exceptions
(a) Employees possessing a license or certificate that meets the criteria established above, and that has been authorized by Public Works Director must submit a transmittal along with proof of license or certification.
(b) In addition to proof of license or certification, an employee must maintain their certificate consistent with the certifying organization’s criteria.
(c) The qualified period for additional compensation under the Professional Certification Incentive Program is determined annually and is based on the month in which the license or certification is received. Once eligible, qualified employees will receive the incentive pay on the first pay period following the date that they were granted the license or certification.
40.01.03 Compensation
Incentive Pay shall be paid at a four percent (4%) base salary increase. At no time will an employee receive additional compensation for holding more than one qualifying license or certification.
40.02 Additional Pay Incentive
41 For the period of this Memorandum of Understanding, employees will be entitled to an additional 4% incentive pay if they hold the appropriate license or certificate listed under section 41.02.01 below. Employees are not eligible for the “Additional Pay Incentive” when the license or certification is required in the employee’s existing job classification or if the license or certification is used to qualify for incentive pay under section 41.10 of this Memorandum of Understanding.
40.02.01 Grade D2 or higher Water Distribution Operation Certificate from California State Water Resources Board.
All employees receiving an Additional Pay Incentive under this section July 1, 2020, for obtaining and maintaining a California Water Distribution Operator certification under the terms and conditions of the 2017-2020 Memorandum of Understanding, are considered grandfathered in terms of the minimum certification requirement listed in section 41.02.01.
40.03 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 9 th year of service, a longevity incentive of one percent (1%) over base pay.
(b) Effective the first full pay-period after the employee’s 14 th year of service, a longevity incentive of two percent (2%) over base pay,
(c) Effective the first full-pay period after the employee’s 19 th year of service, a longevity incentive of three percent (3%) over base pay, SECTION 41.00 – LIUNA NATIONAL (INDUSTRIAL) PENSION FUND
41.01 MEA members currently participate in the LIUNA National Pension Fund under terms set forth in former Section 42.00 of the Memorandum of Understanding approved by City Council on June 7, 2011, (hereafter “PRIOR MOU”) and the Standard Form of Participation Agreement signed by the City and MEA in 2002. It is agreed between the Parties that this section 42.00 shall replace that earlier Section 42.00 part of the PRIOR MOU for now and in the future until such time as MEA, 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 MEA or its successor bargaining group or individual employee successors to contribute funds to the LIUNA National Pension Fund, or this Section 42.00 is rescinded or modified by mutual agreement.
41.02 It is further agreed between the Parties that all obligation to make payments to the LIUNA National Pension Fund (including the $1.00 City contribution referred to in Section 42.01 of the PRIOR MOU) for pension coverage for MEA employees shall be paid by MEA employees and the City will have the right to deduct the payment from MEA 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 MEA employees enhanced benefits, payment for
42 which MEA 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 MEA employees shall be responsible for such amounts which the City may also deduct in reasonable payment amounts from MEA employee wages.
41.03 Employee liability for LIUNA pension payments as described in paragraph 42.02 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.
41.04 Deductions from MEA employee wages, as set forth in paragraph 42.02 above, shall be processed and deducted as pre-tax pension benefit payments from current and future MEA employees and will include a pro rata share of the indebtedness owed for MEA employees, including retirees, for the period from January 1, 2012, through the present time, until such time as that indebtedness is satisfied.
41.05 This section does not constitute a change in conditions from those set forth in the PRIOR MOU and any LOU incorporated therein, governing MEA and the City. To the extent this Section is inconsistent with the PRIOR MOU and any LOU incorporated therein, this Section shall constitute the intent and govern the rights of the Parties.
41.06 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 Meyers-Milias Brown Act, have been fully complied with.
SECTION 42.00 - SAVINGS CLAUSE
42.01 If any section, subsection, sentence, or clause or phrase of this MOU is for any reason held illegal, invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
Section 43 – LABOR MANAGEMENT COMMITTEE
43.01 During the term of this agreement the parties agree to create a Labor Management committee tasked with the development of discipline specific maintenance worker classifications and job descriptions.
43 Date:
City Representatives: Union Representatives:
Richard C. Bolanos Robert DeLong
Vicky Lien Martin Herrera
Ned Thomas Jorge Cortes
Pete Scrempos
Paul Rubino
LaDondi Ceasar
John (Matt) Garcia Sr.
Ryan Heron, UPEC Local 792
44 Appendix A
Effective July 1, 2023
4% Salary Increase
Classification Monthly
Assistant Water Operator $ 7,213.08 - $ 8,767.56 Assistant Water Operator - 40 $ 7,739.03 - $ 9,409.29 Cross Connection Specialist $ 7,998.54 - $ 9,820.12 Equip Maint Worker I - 40 $ 7,038.04 - $ 8,552.53 Equip Maint Worker II - 40 $ 7,739.03 - $ 9,409.29 Equip Maint Worker III - 40 $ 8,719.12 - $ 10,601.44 Equipment Maint. Worker I $ 6,557.31 - $ 7,970.51 Equipment Maint. Worker II $ 7,213.08 - $ 8,767.56 Equipment Maint. Worker III $ 8,127.19 - $ 9,878.59 Fleet Maint Worker I -40 $ 6,718.61 - $ 8,167.36 Fleet Maint Worker II - 40 $ 7,389.83 - $ 8,982.55 Fleet Maint Worker III -40 $ 8,499.60 - $ 10,331.53 Fleet Maintenance Worker I $ 6,298.74 - $ 7,656.04 Fleet Maintenance Worker II $ 6,928.64 - $ 8,421.63 Fleet Maintenance Worker III $ 7,967.83 - $ 9,684.98 Maint Worker III - 40 $ 7,236.96 - $ 8,797.22 Maintenance Assistant $ 4,412.93 - $ 5,305.25 Maintenance Custodian I $ 4,832.81 - $ 5,874.37 Maintenance Custodian I - 40 $ 5,155.04 - $ 6,265.93 Maintenance Custodian II $ 5,316.22 - $ 6,461.77 Maintenance Custodian II - 40 $ 5,670.63 - $ 6,892.63 Maintenance Custodian III $ 6,113.52 - $ 7,431.11 Maintenance Custodian III - 40 $ 6,521.51 - $ 7,925.87 Maintenance Worker I $ 5,316.22 - $ 6,461.77 Maintenance Worker I-40 $ 5,722.32 - $ 6,954.89 Maintenance Worker II $ 5,847.76 - $ 7,107.96 Maintenance Worker II-40 $ 6,293.02 - $ 7,649.26 Maintenance Worker III $ 6,724.83 - $ 8,174.17 SCADA Technician $ 8,153.35 - $ 10,010.19 Senior Public Works Lead $ 9,593.81 - $ 11,661.63 Senior SCADA Technician $ 8,968.67 - $ 11,011.21 Water Meter Technician I $ 5,316.00 - $ 6,461.75 Water Meter Technician I -40 $ 5,670.83 - $ 6,893.65
45 Appendix A
Effective the first full pay period in July 2024
4% Salary Increase
Classification Monthly
Assistant Water Operator $ 7,501.60 - $ 9,118.26 Assistant Water Operator - 40 $ 8,048.59 - $ 9,785.66 Cross Connection Specialist $ 8,318.49 - $ 10,212.92 Equip Maint Worker I - 40 $ 7,319.56 - $ 8,894.63 Equip Maint Worker II - 40 $ 8,048.59 - $ 9,785.66 Equip Maint Worker III - 40 $ 9,067.88 - $ 11,025.50 Equipment Maint. Worker I $ 6,819.61 - $ 8,289.33 Equipment Maint. Worker II $ 7,501.60 - $ 9,118.26 Equipment Maint. Worker III $ 8,452.27 - $ 10,273.73 Fleet Maint Worker I -40 $ 6,987.35 - $ 8,494.06 Fleet Maint Worker II - 40 $ 7,685.42 - $ 9,341.85 Fleet Maint Worker III -40 $ 8,839.58 - $ 10,744.79 Fleet Maintenance Worker I $ 6,550.69 - $ 7,962.28 Fleet Maintenance Worker II $ 7,205.79 - $ 8,758.50 Fleet Maintenance Worker III $ 8,286.55 - $ 10,072.38 Maintenance Worker III - 40 $ 7,526.44 - $ 9,149.10 Maintenance Assistant $ 4,589.45 - $ 5,517.46 Maintenance Custodian I $ 5,026.13 - $ 6,109.35 Maintenance Custodian I - 40 $ 5,361.24 - $ 6,516.57 Maintenance Custodian II $ 5,528.87 - $ 6,720.24 Maintenance Custodian II - 40 $ 5,897.45 - $ 7,168.34 Maintenance Custodian III $ 6,358.06 - $ 7,728.35 Maintenance Custodian III - 40 $ 6,782.37 - $ 8,242.91 Maintenance Worker I $ 5,528.87 - $ 6,720.24 Maintenance Worker I-40 $ 5,951.21 - $ 7,233.09 Maintenance Worker II $ 6,081.67 - $ 7,392.28 Maintenance Worker II-40 $ 6,544.74 - $ 7,955.23 Maintenance Worker III $ 6,993.82 - $ 8,501.14 SCADA Technician $ 8,479.48 - $ 10,410.59 Senior Public Works Lead $ 9,977.57 - $ 12,128.10 Senior SCADA Technician $ 9,327.42 - $ 11,451.65 Water Meter Technician I $ 5,528.64 - $ 6,720.22 Water Meter Technician I -40 $ 5,897.66 - $ 7,169.39
46 Appendix B
Special Equipment Operation
Pursuant to MEA MOU Article 36.09, a field maintenance employee who is assigned to operate the following equipment shall be a Maintenance Worker III. In the event that an employee in a class with a lesser pay range is assigned to operate one of these pieces of equipment, that employee shall receive work out-of-class pay in accordance with Section 20.00 of the Memorandum of Understanding. This list of equipment will be periodically reviewed and may be updated during Labor-Management Meetings with approval of both parties. •Ten- wheel dump truck
•Ten-wheel hydraulic vacuum line cleaning truck
47 INDEX
ADVANCE NOTICE ......................................................................................................................7 ATTENDANCE............................................................................................................................17 BENEFITS...................................................................................................................................32 BILINGUAL ASSIGNMENT........................................................................................................22 CITY RIGHTS................................................................................................................................6 COMPASSIONATE LEAVE........................................................................................................27 DISCIPLINARY ACTION/APPEALS PROCEDURE ....................................................................7 EMPLOYEE RIGHTS....................................................................................................................4 FAMILY LEAVE ..........................................................................................................................27 FMLA ..........................................................................................................................................37 GRIEVANCE PROCEDURE .......................................................................................................13 HEALTH & SAFETY ...................................................................................................................34 HOLIDAYS..................................................................................................................................22 INCENTIVE PAY.........................................................................................................................38 LATERAL TRANSFERS.............................................................................................................23 LAYOFF ......................................................................................................................................12 LEAVE OF ABSENCE................................................................................................................29 LIGHT DUTY...............................................................................................................................29 LIUNA NATIONAL (INDUSTRIAL) PENSION FUND ................................................................39 MILITARY LEAVE ......................................................................................................................28 MISCELLANEOUS .....................................................................................................................35 NO DISCRIMINATION ..................................................................................................................3 NO LABOR ACTION ..................................................................................................................37 OTHER EMPLOYMENT .............................................................................................................12 OVERTIME..................................................................................................................................20 PAY PLAN ..................................................................................................................................18 PREAMBLE ..................................................................................................................................3 RESIGNATION ...........................................................................................................................12 RETIREE CONTRIBUTION FUND .............................................................................................37 RETIREMENT .............................................................................................................................30 SALARY......................................................................................................................................19 SAVINGS CLAUSE ....................................................................................................................40 SEASONAL WORKERS.............................................................................................................37 STANDBY ASSIGNMENT ..........................................................................................................21 TEMPORARY APPOINTMENTS................................................................................................17 TRAINING ...................................................................................................................................33 UNIFORMS .................................................................................................................................33 VACATION LEAVE.....................................................................................................................25 WORK OUT OF CLASS .............................................................................................................22 WORK SCHEDULES..................................................................................................................16 WORKERS’ COMPENSATION LEAVE .....................................................................................28 WORKING TITLES .....................................................................................................................16
2/29/2024 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection - Protech / MEA +4%
Step A Step B Step C Step D Step E
Classification Union CodeOcc CodePay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Accountant 50 2101 500 49.81 3,985.19 103,614.85 52.31 4,184.42 108,794.90 54.91 4,392.79 114,212.63 57.67 4,613.46 119,949.98 60.54 4,843.30 125,925.82 Accounting Technician I 50 6104 513 32.44 2,595.36 67,479.40 34.06 2,725.15 70,853.99 35.77 2,861.41 74,396.77 37.56 3,004.48 78,116.40 39.43 3,154.70 82,022.32 Accounting Technician II 50 6105 514 35.69 2,854.88 74,226.96 37.47 2,997.66 77,939.28 39.34 3,147.55 81,836.29 41.31 3,304.96 85,929.06 43.38 3,470.13 90,223.29 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 4,317.88 112,264.94 56.67 4,533.77 117,877.91 59.51 4,760.44 123,771.54 62.48 4,998.50 129,961.00 65.61 5,248.45 136,459.79 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 4,140.28 107,647.32 54.34 4,347.40 113,032.34 57.05 4,563.99 118,663.69 59.90 4,792.13 124,595.45 62.90 5,031.84 130,827.90 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 44.39 3,329.11 86,556.93 46.61 3,495.58 90,884.96 48.94 3,670.35 95,429.03 51.38 3,853.84 100,199.96 53.95 4,046.57 105,210.75 Assistant Water Operator - 40 20 8611 226 44.65 3,571.86 92,868.34 46.88 3,750.62 97,516.24 49.23 3,938.33 102,396.69 51.70 4,136.04 107,537.00 54.28 4,342.75 112,911.47 Associate Civil Engineer 50 2202 504 62.07 4,965.54 129,104.10 65.17 5,213.85 135,560.17 68.43 5,474.55 142,338.29 71.85 5,748.28 149,455.22 75.45 6,035.71 156,928.53 Associate Planner 50 2802 505 59.51 4,760.57 123,774.79 62.49 4,999.24 129,980.20 65.62 5,249.46 136,486.02 68.89 5,511.25 143,292.53 72.33 5,786.71 150,454.35 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 3,161.65 82,202.95 41.50 3,320.08 86,321.96 43.58 3,486.64 90,652.68 45.75 3,660.32 95,168.36 48.04 3,843.14 99,921.72 Building/NP Inspector 50 3801 507 52.38 4,190.59 108,955.25 55.00 4,400.16 114,404.08 57.75 4,620.12 120,123.04 60.64 4,851.15 126,129.97 63.67 5,093.68 132,435.70 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 Case Manager 50 5612 544 35.41 2,832.86 73,654.26 - - - - - - - - - 44.19 3,535.34 91,918.96 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 3,664.13 95,267.33 48.09 3,847.39 100,032.05 50.51 4,040.58 105,055.00 53.03 4,242.60 110,307.52 55.68 4,454.58 115,819.08 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 3,505.76 91,149.68 46.01 3,681.05 95,707.27 48.31 3,865.11 100,492.81 50.73 4,058.35 105,517.11 53.27 4,261.30 110,793.70 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 46.15 3,691.64 95,982.54 48.57 3,885.93 101,034.15 51.13 4,090.46 106,351.84 53.82 4,305.74 111,949.12 56.65 4,532.36 117,841.40 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 4,400.15 114,403.81 57.75 4,620.12 120,123.04 60.64 4,851.14 126,129.70 63.67 5,093.68 132,435.70 66.85 5,348.38 139,057.80 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 3,433.82 89,279.32 45.07 3,605.52 93,743.62 47.32 3,785.78 98,430.20 49.69 3,975.05 103,351.21 52.17 4,173.80 108,518.82
2/29/2024 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection - Protech / MEA +4%
Step A Step B Step C Step D Step E
Classification Union CodeOcc CodePay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Engineering Permit Technician 50 2210 540 38.64 3,091.04 80,366.94 40.57 3,245.60 84,385.62 42.60 3,407.86 88,604.40 44.73 3,578.21 93,033.55 46.96 3,757.15 97,685.79 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 4,400.15 114,403.81 57.75 4,620.15 120,123.85 60.64 4,851.16 126,130.24 63.67 5,093.71 132,436.51 66.85 5,348.38 139,057.80 Equip Maint Worker I - 40 20 8612 227 40.60 3,248.33 84,456.47 42.61 3,409.11 88,636.85 44.75 3,579.87 93,076.55 46.99 3,759.59 97,749.33 49.34 3,947.32 102,630.32 Equip Maint Worker II - 40 20 8613 228 44.65 3,571.86 92,868.34 46.88 3,750.62 97,516.24 49.23 3,938.33 102,396.69 51.70 4,136.04 107,537.00 54.28 4,342.75 112,911.47 Equip Maint Worker III - 40 20 8614 229 50.30 4,024.21 104,629.39 52.82 4,225.92 109,873.80 55.47 4,437.63 115,378.33 58.24 4,659.31 121,142.17 61.16 4,892.97 127,217.25 Equipment Maint. Worker I 20 7202 200 40.35 3,026.45 78,687.75 42.37 3,177.78 82,622.34 44.49 3,336.70 86,754.32 46.71 3,503.53 91,091.81 49.05 3,678.70 95,646.16 Equipment Maint. Worker II 20 7203 201 44.39 3,329.11 86,556.93 46.61 3,495.58 90,884.96 48.94 3,670.35 95,429.03 51.38 3,853.84 100,199.96 53.95 4,046.57 105,210.75 Equipment Maint. Worker III 20 7204 202 50.01 3,751.01 97,526.25 52.51 3,938.49 102,400.75 55.14 4,135.45 107,521.59 57.90 4,342.22 112,897.68 60.79 4,559.35 118,543.09 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 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 38.76 3,100.90 80,623.28 40.70 3,256.31 84,664.13 42.74 3,418.86 88,890.48 44.87 3,589.60 93,329.64 47.12 3,769.55 98,008.37 Fleet Maint Worker II - 40 20 8616 231 42.63 3,410.69 88,677.95 44.77 3,581.42 93,116.84 47.00 3,760.33 97,768.53 49.36 3,948.46 102,660.06 51.82 4,145.79 107,790.63 Fleet Maint Worker III -40 20 8617 232 49.04 3,922.89 101,995.15 51.49 4,119.21 107,099.49 54.06 4,324.70 112,442.32 56.76 4,540.41 118,050.69 59.61 4,768.40 123,978.40 Fleet Maintenance Worker I 20 7207 213 38.76 2,907.11 75,584.91 40.70 3,052.43 79,363.21 42.73 3,205.08 83,332.14 44.87 3,365.27 87,497.11 47.11 3,533.56 91,872.46 Fleet Maintenance Worker II 20 7208 214 42.64 3,197.83 83,143.67 44.77 3,357.68 87,299.72 47.01 3,525.60 91,665.60 49.36 3,701.89 96,249.15 51.83 3,886.91 101,059.57 Fleet Maintenance Worker III 20 7209 215 49.03 3,677.46 95,613.98 51.48 3,861.32 100,394.38 54.06 4,054.36 105,413.28 56.76 4,257.06 110,683.64 59.60 4,469.99 116,219.81 GIS Technician 50 2212 552 53.97 4,317.88 112,264.94 56.67 4,533.77 117,877.91 59.51 4,760.48 123,772.36 62.48 4,998.48 129,960.46 65.61 5,248.47 136,460.33 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 3,435.47 89,322.31 45.09 3,607.23 93,787.97 47.34 3,787.54 98,476.16 49.71 3,976.93 103,400.15 52.20 4,175.80 108,570.74 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 3,925.32 102,058.42 51.52 4,121.60 107,161.68 54.10 4,327.68 112,519.66 56.80 4,544.06 118,145.60 59.64 4,771.27 124,053.03 Junior Planner 50 2804 520 44.42 3,553.96 92,402.98 46.65 3,731.68 97,023.58 48.98 3,918.24 101,874.28 51.43 4,114.21 106,969.43 54.00 4,319.87 112,316.59 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
2/29/2024 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection - Protech / MEA +4%
Step A Step B Step C Step D Step E
Classification Union CodeOcc CodePay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Maint Worker III - 40 20 8619 234 41.75 3,340.14 86,843.56 43.84 3,507.40 91,192.40 46.03 3,682.66 95,749.18 48.34 3,866.95 100,540.67 50.75 4,060.25 105,566.59 Maintenance Assistant 20 8625 238 25.46 2,036.74 52,955.14 26.67 2,133.25 55,464.45 27.91 2,233.09 58,060.29 29.23 2,338.75 60,807.55 30.61 2,448.58 63,662.98 Maintenance Custodian I 20 8101 203 29.74 2,230.53 57,993.77 31.23 2,342.06 60,893.54 32.79 2,459.18 63,938.78 34.43 2,582.14 67,135.72 36.15 2,711.25 70,492.47 Maintenance Custodian I - 40 20 8107 222 29.74 2,379.25 61,860.49 31.23 2,498.18 64,952.78 32.79 2,623.11 68,200.83 34.43 2,754.28 71,611.38 36.15 2,891.97 75,191.21 Maintenance Custodian II 20 8102 204 32.72 2,453.64 63,794.66 34.35 2,576.29 66,983.49 36.07 2,705.12 70,333.20 37.87 2,840.30 73,847.86 39.76 2,982.36 77,541.26 Maintenance Custodian II - 40 20 8108 223 32.72 2,617.21 68,047.51 34.35 2,748.01 71,448.33 36.07 2,885.45 75,021.67 37.87 3,029.67 78,771.31 39.77 3,181.21 82,711.57 Maintenance Custodian III 20 8103 205 37.62 2,821.62 73,362.22 39.50 2,962.69 77,029.93 41.48 3,110.83 80,881.51 43.55 3,266.38 84,925.88 45.73 3,429.74 89,173.32 Maintenance Custodian III - 40 20 8618 233 37.62 3,009.93 78,258.09 39.50 3,160.20 82,165.10 41.48 3,318.67 86,285.45 43.55 3,484.29 90,591.57 45.73 3,658.10 95,110.50 Maintenance Worker I 20 8202 206 32.72 2,453.64 63,794.66 34.35 2,576.29 66,983.49 36.07 2,705.12 70,333.20 37.87 2,840.36 73,849.48 39.76 2,982.36 77,541.26 Maintenance Worker I-40 20 8203 207 33.01 2,641.07 68,667.81 34.65 2,772.27 72,078.91 36.39 2,911.49 75,698.75 38.21 3,056.71 79,474.35 40.12 3,209.95 83,458.69 Maintenance Worker II 20 8204 208 35.99 2,698.97 70,173.13 37.79 2,833.90 73,681.30 39.67 2,975.56 77,364.68 41.66 3,124.37 81,233.57 43.74 3,280.60 85,295.52 Maintenance Worker II-40 20 8205 209 36.31 2,904.47 75,516.23 38.12 3,049.70 79,292.10 40.04 3,202.94 83,276.44 42.03 3,362.17 87,416.53 44.13 3,530.43 91,791.07 Maintenance Worker III 20 8206 210 41.38 3,103.77 80,697.91 43.45 3,258.96 84,733.08 45.63 3,421.92 88,969.98 47.91 3,593.02 93,418.60 50.30 3,772.69 98,090.03 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 3,336.01 86,736.21 43.79 3,502.80 91,072.88 45.97 3,677.93 95,626.15 48.27 3,861.83 100,407.63 50.69 4,054.93 105,428.15 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 2,256.91 58,679.77 29.62 2,369.74 61,613.34 31.10 2,488.25 64,694.55 32.66 2,612.62 67,928.00 34.29 2,743.26 71,324.76 Office Assistant II 50 6109 517 31.03 2,482.49 64,544.75 32.58 2,606.57 67,770.89 34.21 2,736.98 71,161.44 35.92 2,873.82 74,719.36 37.72 3,017.45 78,453.59 Office Specialist 50 6110 518 35.69 2,854.85 74,226.15 37.47 2,997.63 77,938.47 39.34 3,147.55 81,836.29 41.31 3,304.96 85,929.06 43.38 3,470.13 90,223.29 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 - Utilities 60 1126 691 76.53 6,122.73 159,190.98 - - - - - - - - - 95.67 7,653.41 198,988.66 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 3,049.05 79,275.33 40.02 3,201.50 83,239.12 42.02 3,361.57 87,400.85 44.12 3,529.67 91,771.33 46.33 3,706.09 96,358.39 Plan Check Engineer 50 3807 521 63.52 5,081.48 132,118.52 66.69 5,335.02 138,710.60 70.03 5,602.14 145,655.56 73.52 5,881.79 152,926.61 77.25 6,179.74 160,673.30 Plan Checker 50 3803 522 54.16 4,333.06 112,659.46 56.87 4,549.66 118,291.08 59.72 4,777.53 124,215.81 62.70 5,015.70 130,408.24 65.84 5,267.19 136,947.05 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 3,161.65 82,202.95 41.50 3,320.08 86,321.96 43.58 3,486.64 90,652.68 45.75 3,660.32 95,168.36 48.04 3,843.14 99,921.72 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 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 3,111.11 80,888.81 - - - - - - - - - 51.19 4,095.15 106,473.79 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 2,595.36 67,479.40 34.06 2,725.15 70,853.99 35.77 2,861.44 74,397.32 37.56 3,004.50 78,116.94 39.43 3,154.70 82,022.32 Public Services Assistant II 50 6602 525 35.69 2,854.88 74,226.96 37.47 2,997.66 77,939.28 39.34 3,147.54 81,836.02 41.31 3,304.97 85,929.33 43.38 3,470.13 90,223.29 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 4,190.59 108,955.25 55.00 4,400.16 114,404.08 57.75 4,620.12 120,123.04 60.64 4,851.15 126,129.97 63.67 5,093.68 132,435.70 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
2/29/2024 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection - Protech / MEA +4%
Step A Step B Step C Step D Step E
Classification Union CodeOcc CodePay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual 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 1,467.01 38,142.35 19.25 1,540.34 40,048.94 20.22 1,617.41 42,052.61 21.23 1,698.24 44,154.16 22.29 1,783.19 46,363.05 Recreation Svcs Assistant II 50 8602 528 21.77 1,741.81 45,287.13 22.86 1,829.09 47,556.33 24.01 1,920.50 49,932.88 25.21 2,016.57 52,430.83 26.47 2,117.35 55,051.01 Recreation Svcs Assistant III 50 8603 529 25.03 2,002.18 52,056.60 26.28 2,102.24 54,658.12 27.59 2,207.36 57,391.32 28.97 2,317.71 60,260.53 30.42 2,433.64 63,274.68 Recreation Svcs Assistant IV 50 8604 530 29.36 2,349.09 61,076.33 30.83 2,466.53 64,129.69 32.37 2,589.85 67,336.09 33.99 2,719.36 70,703.38 35.69 2,855.31 74,238.05 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 47.04 3,763.08 97,840.18 49.51 3,961.14 102,989.68 52.12 4,169.63 108,410.39 54.86 4,389.08 114,116.10 57.75 4,620.09 120,122.23 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 3,140.37 81,649.71 41.22 3,297.42 85,733.02 43.28 3,462.28 90,019.40 45.44 3,635.43 94,521.29 47.71 3,817.16 99,246.26 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 4,840.10 125,842.54 63.53 5,082.17 132,136.37 66.70 5,336.24 138,742.24 70.04 5,603.02 145,678.54 73.54 5,883.19 152,962.85 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 5,589.62 145,330.00 73.37 5,869.26 152,600.78 77.03 6,162.46 160,223.90 80.88 6,470.27 168,226.93 84.92 6,793.71 176,636.37 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 4,840.13 125,843.35 63.53 5,082.17 132,136.37 66.70 5,336.25 138,742.51 70.04 5,603.02 145,678.54 73.54 5,883.19 152,962.85 Senior Public Works Lead 20 8609 225 55.35 4,427.91 115,125.77 58.12 4,649.31 120,882.05 61.02 4,881.78 126,926.30 64.07 5,125.85 133,272.05 67.28 5,382.29 139,939.57 Senior SCADA Technician 20 8628 241 51.74 4,139.39 107,624.07 54.47 4,357.26 113,288.68 57.33 4,586.59 119,251.27 60.35 4,827.99 125,527.79 63.53 5,082.10 132,134.48 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 4,300.03 111,800.67 56.43 4,514.18 117,368.74 59.26 4,740.51 123,253.19 62.22 4,977.88 129,424.80 65.33 5,226.26 135,882.76 Sr. Public Services Assistant 50 5615 549 39.81 3,184.44 82,795.40 41.80 3,343.66 86,935.22 43.89 3,510.84 91,281.90 46.08 3,686.38 95,845.98 48.38 3,870.70 100,638.28 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 Water Meter Technician I 20 8104 216 32.71 2,453.54 63,791.96 34.35 2,576.29 66,983.49 36.07 2,705.11 70,332.93 37.87 2,840.30 73,847.86 39.76 2,982.35 77,540.99 Water Meter Technician I -40 20 8620 235 32.72 2,617.31 68,049.95 34.35 2,748.18 71,452.66 36.06 2,885.18 75,014.64 37.87 3,029.33 78,762.65 39.77 3,181.68 82,723.74 Water Meter Technician II 20 8105 217 35.99 2,698.97 70,173.13 37.79 2,833.88 73,680.76 39.67 2,975.55 77,364.41 41.66 3,124.35 81,233.03 43.74 3,280.60 85,295.52 Water Meter Technician II -40 20 8621 236 35.99 2,879.03 74,854.83 37.79 3,023.21 78,603.39 39.67 3,173.50 82,510.94 41.66 3,332.99 86,657.79 43.75 3,499.64 90,990.68 Water Systems Operator 20 7211 219 50.01 3,751.00 97,525.98 52.51 3,938.15 102,391.83 55.14 4,135.44 107,521.32 57.90 4,342.22 112,897.68 60.79 4,559.35 118,543.09 Water Systems Operator - 40 20 8622 237 50.30 4,024.21 104,629.39 52.82 4,225.92 109,873.80 55.47 4,437.63 115,378.33 58.24 4,659.31 121,142.17 61.16 4,892.97 127,217.25 Union Code Union Description10 IAFF - International Association of Firefighters20 MEA - Milpitas Employee Association40 MPOA - Milpitas Police Officers Association50 Pro-Tech - Milpitas Professional and Technical Group60 Unrep - Unrepresented70 Temps - Temporary80 Mid-Con - UPEC Mid-Mgmt-Confidential Unit