Milpitas City Council
November 19, 2024

November 19, 2024 Milpitas City Council Agenda Page 1

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL
AGENDA
TUESDAY, NOVEMBER 19, 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
* To access written translation during the meeting, scan the QR Code.

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

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

Meeting shall be livestreamed - Go to:

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

PUBLIC COMMENT INSTRUCTIONS
Oral public comments may only be provided live during the City Council meeting in person, unless the City Council approves remote public comment. 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 unless the City Council approves remote public comment. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_xl1YH-wuQSCAW2QiTTquVQ 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.

November 19, 2024 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (7:00 PM)

ADJOURN TO CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT:

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

PLEDGE OF ALLEGIANCE
INVOCATION (Vice Mayor Chua)
PRESENTATIONS (7:05 PM)
● Nurse Practitioner Week (Proclamation)
● Small Business Saturday (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 November and December 2024 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for November and December 2024.

C2. Approve City Council City Council Meeting Minutes of November 5, 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Meeting minutes of November 5, 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

November 19, 2024 Milpitas City Council Agenda Page 3
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. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Carmen Montano, 408-586-3024)
Recommendation: Receive recommendations from Mayor Montano and approve recommendations for appointments to City Commissions.

C6. Approve City Council Meeting Schedule for 2025 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve the 2025 Milpitas City Council meeting schedule, with any changes requested at the City Council meeting.

C7. Accept the FY 2023-24 Commissioners Annual Report for Six (6) Commissions and Approve Commission Work Plans for FY 2024-25 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Recommendation: (1) Accept the 2023-24 Commissioners Annual Report; and (2) Approve proposed Fiscal Year 2023-24 Work Plans for (a) Community Housing Commission, (b) Economic Development and Trade Commission, (c) Energy and Environmental Sustainability Commission, (d) Planning Commission, (e) Public Safety and Emergency Preparedness Commission, and (f) Science, Technology, and Innovation Commission.

C8. FY 2024-25 1st Quarter Financial Status Report for the Quarter Ended September 30, 2024 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) Recommendation: Review the FY 2024-25 Quarterly Financial Status Report for the quarter ended September 30, 2024.

C9. Authorize the City Manager to Execute an Agreement with ClearSource Financial Consulting for a Comprehensive Fee Study for Implementation in FY 2025-2026 (Staff Contact: Luz CofresíHowe, Finance Director, 408-586-3111) Recommendation: Authorize the City Manager to execute an agreement with ClearSource Financial Consulting for a Comprehensive Fee Study for implementation in FY 2025-2026 for an amount not-toexceed $77,520 without the need for further competitive procurement.

C10. Approve and Authorize the City Manager or Designee to Execute a Two-Year Professional Services Agreement with TDG Engineering, Inc. for a Milpitas Gateway-Main Street Sense of Place Plan (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Jay Lee, Planning Director, 408-586-3077)
Recommendation: (1) Adopt a resolution to accept a grant award of $600,000 from the Metropolitan Transportation Commission, RFP No. 24-134, (2) Approve and authorize the City Manager or designee to negotiate and execute, with the approval of the City Attorney, a two-year Professional Services Agreement with TDG Engineering, Inc. for a Milpitas Gateway-Main Street Sense of Place Plan in an amount not to exceed $420,000; and (3) Delegate authority to the City Manager or designee to extend the term of the Agreement and execute amendments up to 10% as required for work completion.

C11. Adopt a Resolution Approving a Memorandum of Understanding Between the City of Milpitas and International Association of Firefighters Local 1699 (IAFF) (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086)

November 19, 2024 Milpitas City Council Agenda Page 4
Recommendation: Adopt a resolution approving a Memorandum of Understanding between the City of Milpitas and International Association of Firefighters Local 1699 (IAFF) covering the period of July 1, 2024 through June 30, 2027.

C12. Adopt a Resolution to Approve Project Plans and Award the Construction Contract to WestRock Engineering for the Water Valves Project for the Dempsey Road Water Line Replacement, Project Nos. 7100 and 7118 (Staff: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Recommendation: (1) Adopt a resolution to approve Water Valves Project plans and specifications; (2) Award the construction contract to WestRock Engineering in a total amount of $445,000; (3) Authorize the City Manager to execute a construction contract with WestRock Engineering; and (4) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $89,000 for the Water Valves Project for the Dempsey Road Water Line Replacement, Project Nos. 7100 and 7118.

C13. Adopt a Resolution to Approve Project Specifications and Award Construction Contract to Sterndahl Enterprises, Inc. for the 2024 Annual Street Pavement Restriping Project, CIP No. 4295 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: Adopt a resolution to (1) Approve project contract documents and specifications, (2) Award a construction contract to the lowest responsible and responsive bidder, Sterndahl Enterprises, Inc. in an amount not to exceed $862,506 for the 2024 Annual Street Pavement Restriping Project, (3) Authorize the City Manager to execute the construction contract with Sterndahl Enterprises, Inc.; and (4) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not-to-exceed $86,250 and total project cost of $948,756.

C14. Authorize the City Manager to Execute an Agreement with MISCOwater for the Purchase and Rebuild of Channel Monster Grinders (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Recommendation: (1) Authorize the City Manager to execute an agreement with MISCOwater for the purchase and rebuild of Channel Monster Grinders in the amount of $308,090; and (2) Authorize the City Manager to negotiate and execute contract change order(s) in an aggregate amount not to exceed $30,809, for a total contract amount not to exceed $338,899.

C15. Authorize the City Manager to Negotiate and Execute Necessary Documents to Effectuate the Purchase of Fleet Vehicles (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: (1) Approve a one-time waiver of the City of Milpitas Municipal Code Municode Section I-2-3.01(c) – Selection of Solicitation Method Procurements; and (2) Authorize the City Manager to engage with local dealerships and execute any documents necessary to effectuate the purchase of approved FY24-25 fleet vehicles in an amount not-to-exceed $822,500.

C16. Receive an Update on the Security Improvements at the McCarthy Ranch Sewer Lift Station (Main Lift) 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 security improvements at the McCarthy Ranch Sewer Lift Station; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.

C17. Approve Milpitas Arts and Culture Grant Request for Sunnyhills Neighborhood Association

November 19, 2024 Milpitas City Council Agenda Page 5
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)
Recommendation: Approve a 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 21, 2025.

C18. Approve Parks and Recreation and Community Services Programs Donation for a Memorial Bench in Honor of David Volberg (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Recommendation: Approve the Parks and Recreation donation for a memorial bench for David Volberg at Sunnyhills Albert Augustine Jr. Memorial Park.

C19. Approve Parks and Recreation and Community Services Programs Donation for a Memorial Bench in Honor of Paul Michael Schooss (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Recommendation: Approve the Parks and Recreation donation for a memorial bench for Paul Michael Schooss at Murphy Park.

C20. Consider One Donation Request from the Knights of Columbus (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: Approve a donation request of $500 for the Knights of Columbus Annual Thanksgiving Dinner and Food Distribution event on November 28, 2024.

PUBLIC HEARINGS (7:25 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.

21. Adopt a Resolution Certifying Election Results and Adding the Properties Located at 470, 480, 490 and 500 Wool Drive into Community Facilities District No. 2005-1 (Annexation No. 24) (Staff Contact: Christian di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Recommendation: Following receipt of election results from the City Clerk, adopt a resolution certifying election results and adding the properties located at 470, 480, 490 and 500 Wood Drive into Community Facilities District No. 2005-1 (Annexation No. 24).

COMMUNITY DEVELOPMENT (8:00 PM)

22. Economic Development Strategy and Economic Indicators Update (Staff Contact: Alex Andrade, Economic Development & Strategic Initiatives Director, 408-586-3046; and Kal Zubair, Economic Development Specialist, 408-586-3008)
Recommendation: Receive Economic Development Strategy and Economic Indicators Update.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (8:30 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

November 19, 2024 Milpitas City Council Agenda Page 6
to move the item forward, the City Manager shall place the item on a future agenda.

ADJOURNMENT (8:35 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
November 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2
3 4
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
5 5:30 PM- Special City Council
Meeting
6 1:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Virtual)
7 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
8 9:00 AM-VTA Board of Directors
Workshop (CM)
9 10 11

CITY HALL CLOSED IN

OBSERVANCE OF VETERANS DAY
12 4:00 PM- Milpitas HOPE
13 4:30 PM-City Council Finance
Subcommittee (CM/EC)
6:00 PM-PC Sub-Committee Meeting
7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
14 1:30 PM-Emergency Operational
Area council (EOAC) Meeting (CM)
4:00 PM-SVRIA Board of Directors
(GB)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
5:30 PM-CASCC Legislative Action
Committee Meeting (CM)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
15 16
17 18
4:30 PM- Economic Development &
Trade Commission
7:00 PM-Science, Technology, and
Innovation Commission (GB)
7:00 PM-Library and Education
Commission (EC) (Milpitas Public
Library)
19 Tent: 5:30 PM-Special City Council
Meeting
20 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
21 10:00 AM-VTA CMPP (CM)
4:00 PM-City Council Finance
Subcommittee (CM/EC)
6:30 PM-Bay Area Water Supply
Conserv Agency (CM) (Burlingame
Community Center)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(HL)
22 23
24 25
7:00 PM-Arts Commission (EC)
26 27 28 29

CITY HALL CLOSED FOR THANKSGIVING

30 October 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 31
December 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 31

Milpitas City Council Calendar
December 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
3 6:00 PM-Closed Session
7:00 PM-City Council
4 1:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
5:30 PM-Veterans Commission (CM)
7:00 PM-Community Housing
Commission (EC)
5 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
6 7
8 9 10 11
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
7:00 PM-Planning Commission
12 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
5:30 PM-CASCC Legislative Action
Committee (CM)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
13 14
15 16
7:00 PM-Science, Technology, and
Innovation Commission (GB)
17 5:00 PM-Closed Session
7:00 PM-City Council
18 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
19 10:00 AM-VTA CMPP Meeting (CM)
20 21
22 23 24 25 26 27
City Hall and City Facilities Closed (Fire and Police are not affected) 28 29 30 31
City Hall and City Facilities Closed
(Fire and Police are not affected)
November 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
January 2025

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 31

November 5, 2024 Milpitas City Council Minutes Page 1

SPECIAL MEETING OF THE MILPITAS

CITY COUNCIL

MINUTES
TUESDAY, NOVEMBER 5, 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 Joint Meeting of the Milpitas City Council, Housing Authority, and Successor Agency on November 5, 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 5:34 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien ABSENT: Councilmember Phan
City Attorney Mutalipassi briefed the City Council on the Closed Session. The City Council adjourned to Closed Session at 5:35 PM.

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LEGAL COUNSEL
Existing Litigation Pursuant to Government Code § 54956.9(d)(2):

Gonzalez v. City of Milpitas, WCAB case number ADJ17009240.

CLOSED SESSION ANNOUNCEMENT:

The City Council reconvened at 6:02 PM.

City Attorney Mutalipassi had no report from Closed Session.

PLEDGE OF ALLEGIANCE
Councilmember Lien led the pledge of allegiance.

INVOCATION
Vice Mayor Chua provided the invocation.

PRESENTATIONS
There were no presentations.

PUBLIC FORUM
There were the following public speakers:

1. Lorrinne Patterson and Noreen Kinohi

November 5, 2024 Milpitas City Council Minutes Page 2

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 (Absent: Phan). 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 (Absent: Phan).

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

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

Motion/Second: 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

CONSENT CALENDAR
There were no public speakers.

After discussion, motion: to approve the Consent Calendar.

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

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

1. Receive City Council Calendar of Meetings for November 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for November 2024.

2. Approve City Council City Council Meeting Minutes of October 15, 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved the City Council Meeting minutes of October 15, 2024.

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. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Reviewed the list of items that have been requested by City Councilmembers and provided direction to staff as necessary.

November 5, 2024 Milpitas City Council Minutes Page 3

5. Authorize and Approve Travel by City Manager Ned Thomas to Santa Cruz, California to Attend the 2024 Silicon Valley Economic Development Alliance Conference on November 15, 2024 (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) Authorized and approved travel by City Manager Ned Thomas to Santa Cruz, California to attend the 2024 Silicon Valley Economic Development Alliance Conference on November 15, 2024, for a total notto-exceed amount of $200.

6. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Received Mayor Montano's recommendation and approved appointments to City Commissions as follows:

Public Safety and Emergency Preparedness Commission

1. Appointed Jeffrey Hogg to a full voting seat with an unexpired term ending June 2026.

7. Adopt a Resolution to Approve Project Plans, Award the Construction Contract to Corcus Construction, Inc.; and Approve a Budget Reappropriation for Fire Service Project for the Fire Station No. 1 Modular Building Replacement, Project No. 3465 (Staff: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) (1) Adopted Resolution No. 9360 to approve project plans and specifications, (2) Awarded the construction contract to Corcus Construction, Inc. in the amount of $99,700, (3) Authorized the City Manager to execute the construction contract with Corcus Construction, Inc., (4) Authorized the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $20,000 for Fire Service Project for the Fire Station No. 1 Modular Building Replacement, Project No. 3465; and (5) Approved a budget reappropriation of $120,000 from Fire Station No. 2 Replacement, Project No. 3447, to Fire Station No. 1 Modular Building Replacement, Project No. 3465.

PUBLIC HEARINGS

8. Adopt a Resolution Certifying Election Results and Adding the Property Located at 1355 California Circle into Community Facilities District No. 2005-1 (Annexation No. 23) (Staff Contact:

Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
City Manager Thomas introduced the item and Principal Civil Engineer Valderrama presented the report for both Items 8 and 9.

City Clerk Guzzetta canvassed the vote and reported that all votes were in favor of the annexation and all the propositions have been approved.

After discussion, motion: to receive election results from the City Clerk and adopt Resolution No. 9361 certifying election results and adding the property located at 1355 California Circle into Community Facilities District No. 2005-1 (Annexation No. 23).

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

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

November 5, 2024 Milpitas City Council Minutes Page 4

9. Adopt a Resolution Certifying Election Results and Adding the Properties Located at 1905 Tarob Court into Community Facilities District No. 2008-1 (Annexation No. 27) (Staff Contact: Christian De Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586- 3303)
The report was heard in conjunction with Item 8.

After discussion, motion: to receive election results from the City Clerk and Resolution No. 9362 certifying election results and adding the properties located at 1905 Tarob Court into Community Facilities District No. 2008-1 (Annexation No. 27).

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

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

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
There were no announcements.

ADJOURNMENT
Mayor Montano adjourned the meeting at 6:26 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 11/15/2024
December 3, 2024 – Regular Meeting

CLOSED SESSION
INVOCATION (Councilmember Lien)

PRESENTATION
- Manufacturing Day Presentation

CONSENT CALENDAR

1. Receive City Council calendar for December 2024 (City Clerk)

2. Approve City Council meeting minutes of November 19, 2024 (City Clerk)

3. Preview list of items for December 17, 2024 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Conflict of Interest Code Update (City Clerk)

6. Municipal Code Changes for the FY 24-25 Department Realignments (City Manager)

7. FY 2023-24 Annual Comprehensive Report (Finance)

8. FY 2023-24 Development and Storm Impact Fees Annual Report (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:
1 Feasibility study for a potential pickleball field at Dixon Landing Park Montano 10/15/2024
An update on this item will be inlcuded in the
next quarterly prioritization update.
2 Review the area near Rose Elementary School at
the intersection of Edsel and Roswell for unsafe
traffic conditions and possible traffic control
measures. Montano 10/1/2024
An update on this item will be inlcuded in the
next quarterly prioritization update.
3 Bring forward the costs regarding the library
renaming project to clarify costs and design by
December of this year Phan 10/1/2024
An update on this item will be inlcuded in the
next quarterly prioritization update.
4 Invite the HR Director to a future meeting to
present on hiring processes and vacancies Lien 10/1/2024 City staff is workng on an update to this item
to be provided to the City Council in the next
few months.
5 Explore updating the city's business tax rate
schedule Chua 10/1/2024
An update on this item will be inlcuded in the
next quarterly prioritization update.
6 Explore funding options for new signage following
the decision to rename the Milpitas Library to the
Milpitas Jose Esteves Library Barbadillo 9/3/2024
An update on this item will be inlcuded in the
next quarterly prioritization update.
7 Send a letter to Supervisory Otto Lee regarding the
weeds on Montague Expressway Montano 8/13/2024
An update on this item will be inlcuded in the
next quarterly prioritization update.

ACTIVE ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
8 Update the animal control ordinance to include
other animals such as horses and cats Chua 9/3/2024
This item was approved to move forward at
the 9/17/2024 City Council prioritization.
9 Look into a property for sale on Main Street to
investigate the cost and feasibility of creating a
museum for downtown or Old Town Main Street as
part of the revitalization efforts. Montano 8/13/2024
This item was approved to move forward at
the 9/17/2024 City Council prioritization.
10 Look into adopting an ordinance similar to San
Jose allowing ADUs (Accessory Dwelling Units) to
have a separate title and be sold separately. Chua 8/13/2024 This item was approved to move forward at
the 9/17/2024 City Council prioritization.
11 Conduct a traffic study on Escuela Parkway to
address circulation concerns Montano 5/7/2024
An update on this item will be inlcudd in the
next quarterly prioritization update.
12 Explore the possibility of augmenting the Planning
Commission stipend Barbadillo 4/16/2024
An update on this item will be inlcudd in the
next quarterly prioritization update.
13 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
An update on this item will be inlcudd in the
next quarterly prioritization update.
14 Bring back Bingo and the Tour at the Senior
Center Chua 11/7/2023
An update on this item will be inlcudd in the
next quarterly prioritization update.
15 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
An update on this item will be inlcudd in the
next quarterly prioritization update.
16 Main Street International Festival Lien 10/3/2023
An update on this item will be inlcudd in the
next quarterly prioritization update.
17 Explore taking steps towards becoming a Charter
City Phan 9/5/2023
An update on this item will be inlcudd in the
next quarterly prioritization update.
18 Pickleball Pilot Project Chua 2/28/2023
An update on this item will be inlcudd in the
next quarterly prioritization update.
19 Main Street Infrastructure Projects Montano 2/28/2023 An update on this item will be inlcudd in the
next quarterly prioritization update.
20 Main Street Flooding at Library Chua 2/28/2023
An update on this item will be inlcudd in the
next quarterly prioritization update.
21 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update on this item will be inlcudd in the
next quarterly prioritization update.

NOTE: Deferred and Completed Items are not listed

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
22 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 on this item will be inlcudd in the
next quarterly prioritization update.
23 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 on this item will be inlcudd in the
next quarterly prioritization update.
24 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update on this item will be inlcudd in the
next quarterly prioritization update.
25 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
An update on this item will be inlcudd in the
next quarterly prioritization update.
26 Evaluate reopening the childcare center with a nonprofit organization running the center Montano 2/1/2022An update on this item will be inlcudd in the next quarterly prioritization update.
27 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
An update on this item will be inlcudd in the
next quarterly prioritization update.
28 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
An update on this item will be inlcudd in the
next quarterly prioritization update.
29 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
An update on this item will be inlcudd in the
next quarterly prioritization update.
30 Consider Community Museum and Park on Main
St. Phan 8/20/2019
Discussions with the property owner of this
site are ongoing.

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: Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Carmen Montano, 408-586-3024) Category: Consent Calendar-Leadership and Support Services Meeting Date: 11/19/2024
Recommendation: Receive recommendations from Mayor Montano and approve recommendations for appointments to City Commissions.

BACKGROUND:

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

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

The Milpitas Commissioner Handbook states that Commissioners may serve on only one commission at a time.

ANALYSIS:

Appointments are as follows:

Arts Commission

1. Appoint Ashraya Siruvole as a Non-Voting Student member with a full term ending October 2027.

2. Reappoint Giuliana Brahim to a full term ending October 2027.

3. Reappoint Jamie Hekkelman to a full term ending October 2027.

Energy and Environmental Sustainability Commission

1. Reappoint Jared Acosta as the Schools Representative to an unexpired term ending October 2026.

2. Reappoint Lisa Oliver to a full term ending October 2027.

3. Reappoint Tara Tony as a Non-Voting Student member with a full term ending October 2027.

4. Appoint Anuradha Sankaran to an unexpired term ending October 2025.

Library and Education Advisory Commission

1. Reappoint Therese Hoang to a full term ending June 2027.

2. Appoint Barbara Martens as Alternate No. 2 with a full term ending June 2027.

Parks, Recreation, and Cultural Resources Commission

1. Appoint Olania Castillo to an unexpired term ending June 2026.

Public Safety and Emergency Preparedness Commission:

1. Appoint Norma Morales to a full term ending June 2027.

Veterans Commission

1. Promote Leo Garcia to Alternate No. 1 with an unexpired term ending February 2028.

Youth Advisory Commission:

1. Appoint Samyuktha Rangarajan to an unexpired term ending September 2025.

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

FISCAL IMPACT:

There is no fiscal impact associated with this item.

RECOMMENDATION:

Receive recommendations from Mayor Montano and approve recommendations for appointments to City Commissions.

ATTACHMENT(S):

Commission Applications

Zip Code 95035
Phone Number
Email Address
Present Employer Milpitas Unified School District
Other Phone Field not completed.

Business Address (Optional) Field not completed.

City Milpitas
State CA
Zip Code 95035
Occupation School Administrator
Education: If Youth Advisory
Commission applicant,
indicate your grade / school:

Field not completed.

College, Professional,
Vocational, or other schools
attended
Santa Clara County Office of Education and National University Administrative Services Credential
Western Governors University
Masters of Education, Learning and Technology
Western Governors University
Bachelor of Arts in Educational Studies
Metropolitan Education District
Adult Education Credential, English as Second Language
Adult Education Credentials, Vocational Education
Universidad de Los Andes Bogota-Colombia
Historia del Arte
Universidad Nacional de San Agustin, Arequipa-Peru
Departamento de Arquitectura
Major Subject Education
Degree Masters of Education, Learning and Technology
List community organizations to which you belong or have belonged (additional information may be attached).

Name of Organization City of Milpitas
Member Arts Commissioner since 2021
Name of Organization Stanford Museums

Member Volunteer The Anderson Collection
Name of Organization Saint Vincent da Paul Society
Member Volunteer
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).

Branch of Military Field not completed.

Officer Field not completed.

Briefly describe the personal
qualifications you possess
which you believe would be
an asset (additional
information may be
attached):

The purpose of my reapplication is to request that I be reappointed to the Arts Commission seat that expires in October 2024. I would love the opportunity to continue serving and supporting the vision of making the Arts accessible to ALL the citizens of Milpitas. My life experiences and education are rich and may reflect of those in our community. I am passionate about learning from others, about a variety of topics, including master plans that project the future, honors and preserve the past and acknowledges the future.

Upload a File Field not completed.

Date 10/3/2024
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.

Name Giuiana Brahim

From: [email protected]
To: City Clerk
Subject: Online Form Submittal: Commission Applications Date: Friday, June 30, 2023 9:55:37 AM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.

Commission Applications
Commission /
Committee Applying
for:

Energy and Environmental Sustainability Commission
First Name Lisa
Last Name Oliver
Address Type Residence
Address
City Milpitas
State CA
Zip Code 95035
Phone Number
Email Address
Present Employer Fremont Unified School District
Other Phone
Business Address
(Optional)
Field not completed.

City Field not completed.

State Field not completed.

Zip Code Field not completed.

Occupation science teacher
Education: If Youth State University of New York at Buffalo

Advisory Commission
applicant, indicate your
grade / school:

College, Professional,
Vocational, or other
schools attended
Santa Clara University - MS
San Jose State University - teaching credentials
Major Subject Electrical Engineering
Degree Bachelor of Science
List community organizations to which you belong or have belonged (additional information may be attached).

Name of Organization Citizens Climate Lobby - Silicon Valley East Member 2020 to present
Name of Organization Climate Reality Project - Silicon Valley Chapter Member 2021 to present
Name of Organization Silicon Valley Alliance Church
Member 2019 to present
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).

Branch of Military Field not completed.

Officer Field not completed.

Briefly describe the
personal qualifications
you possess which you
believe would be an
asset (additional
information may be
attached):

I became involved in the climate movement in 2019. It has been an intellectual and spiritual journey to understand why the United States delayed climate action for the past 40 years and how to influence decision-making and action at the grassroots and rooftops levels to accelerate the transition to clean energy. I wrote a Climate Resolution for my teachers' union, CTA, which records the climate crisis, outlines what we need to do as a nation to fight climate change, and asserts our common values of a livable planet for all. This resolution is my roadmap for climate activism.

Upload a File California Teachers Association - Resolution on a carbon fee and dividend - 07202022.pdf
Date 6/30/2023
By submitting this form, I confirm I have sufficient time to devote to this

responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.

Name Lisa A Oliver
Email not displaying correctly? View it in your browser.

From: [email protected]
To: City Clerk
Subject: Online Form Submittal: Commission Applications Date: Tuesday, November 5, 2024 9:45:52 AM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.

Commission Applications
Commission /
Committee Applying
for:

Energy and Environmental Sustainability Commission
First Name Anuradha
Last Name Sankaran
Address Type Residence
Address
City Milpitas
State CA
Zip Code 95035
Phone Number
Email Address
Present Employer Cisco System
Other Phone Field not completed.

Business Address
(Optional)
Field not completed.

City Milpitas
State Field not completed.

Zip Code Field not completed.

Occupation Senior Software Engineer
Education: If Youth Field not completed.

Advisory Commission
applicant, indicate your
grade / school:

College, Professional,
Vocational, or other
schools attended
Bachelor of Engineer, Master of Science in Computer
Engineering
Major Subject Computer, Electrical and Electronics.

Degree Masters in Engineering
List community organizations to which you belong or have belonged (additional information may be attached).

Name of Organization Rancho Middle school, Milpitas High Member CBAC
Name of Organization Milpitas High
Member PTSA, VP Fund Raiser
Name of Organization Milpitas Tamil school
Member Cultural Officer
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).

Branch of Military Field not completed.

Officer Field not completed.

Briefly describe the
personal qualifications
you possess which you
believe would be an
asset (additional
information may be
attached):

Given my background in electrical, electronics, and computer engineering, along with my experience in sensor device
development and data analysis, I am well-equipped to contribute to the Energy and Environment Commission in Milpitas. My engineering expertise enables me to work effectively with technologies for environmental monitoring and air quality improvement—key aspects of managing the city's odor issue associated with waste management.

Through my work, I have been exposed to different electronic sensors, a skill I can use to enhance the city's air quality monitoring systems.

My technical and analytical skills align closely with the objectives of the Energy and Environment Commission, and I am committed to using this expertise to create meaningful, positive impacts on Milpitas' environment.

In addition to my technical qualifications, I bring an informed

perspective from residents' concerns on social media. This awareness of community needs allows me to understand
firsthand the urgency residents feel about issues like odor management and air quality. My engineering skills and insight into local concerns enable me to advocate effectively for targeted, tech-driven solutions that address both immediate and long-term environmental priorities for Milpitas.

Upload a File Field not completed.

Date 11/5/2024
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.

Name Anuradha Sankaran
Email not displaying correctly? View it in your browser.

1 Christine Pham
From: [email protected]
Subject: FW: Library commission
Attachments: image004.png
From: B Martens
Sent: Monday, June 3, 2024 8:49 AM
To: Christine Pham <[email protected]>
Cc:

Subject: Fwd: Library commission
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.

Good morning Christine,
I did contact John Macon Regarding my Library Commission position and wanting to switch from a full Library Commissioner to an alternate as I mentioned in my reply to you.

He referred me back to you and said you could make that change most likely.

If possible, will you please reply so I know if you can make this happen? Thank you so much Christine. I appreciate your help.

Sincerely,
Barb Martens

From: [email protected]
To: City Clerk
Subject: Online Form Submittal: Commission Applications Date: Monday, July 29, 2024 8:05:12 PM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.

Commission Applications
Commission /
Committee Applying
for:

Parks, Recreation and Cultural Resources Commission
First Name Olania
Last Name Castillo
Address Type Residence
Address
City Milpitas
State CA
Zip Code 95035
Phone Number
Email Address
Present Employer EAH Housing
Other Phone Field not completed.

Business Address
(Optional)
City
State Ca
Zip Code Field not completed.

Occupation Leasing Agent
Education: If Youth 12

Advisory Commission
applicant, indicate your
grade / school:

College, Professional,
Vocational, or other
schools attended
College
Major Subject Real Estate Licence
Degree Field not completed.

List community organizations to which you belong or have belonged (additional information may be attached).

Name of Organization Silicon Valle Association of Realtors Member Olania
Name of Organization MLS Listings
Member Olania
Name of Organization Metro List
Member Olania
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).

Branch of Military Field not completed.

Officer Field not completed.

Briefly describe the
personal qualifications
you possess which you
believe would be an
asset (additional
information may be
attached):

I am a Milpitas Resident, I have been a Real Estate Agent for more than 30 years, I speak Spanish and English
Upload a File Field not completed.

Date 7/29/2024
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.

Olania Castillo

Name
Email not displaying correctly? View it in your browser.

From: [email protected]
To: City Clerk
Subject: Online Form Submittal: Commission Applications Date: Wednesday, July 31, 2024 7:57:24 PM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.

Commission Applications
Commission /
Committee Applying
for:

Public Safety and Emergency Preparedness Commission
First Name Norma
Last Name Morales
Address Type Business
Address
City Milpitas
State California
Zip Code 95035
Phone Number
Email Address
Present Employer MUSD
Other Phone Field not completed.

Business Address
(Optional)
Field not completed.

City Field not completed.

State Field not completed.

Zip Code Field not completed.

Occupation SLS Supervisor of Wellbieng of Immigrant and Refugee Support Education: If Youth BS International Business

Advisory Commission
applicant, indicate your
grade / school:

College, Professional,
Vocational, or other
schools attended
Mission College, TEC de Monterrey
Major Subject Business
Degree Internatonal Business
List community organizations to which you belong or have belonged (additional information may be attached).

Name of Organization Milpitas Kiwanis
Member Current member
Name of Organization Milpitas Chamber of Commerce
Member Board Member/incoming President current
Name of Organization Milpitas Rotary
Member Current member
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).

Branch of Military n/a
Officer n/a
Briefly describe the
personal qualifications
you possess which you
believe would be an
asset (additional
information may be
attached):

I believe I would be a great asset to the Safety commission due to the work that I have done within my job and public works. My connection of working with families and connecting them with different resources throughout the city makes me a great element to continue building a safer community. I had also worked with the MFD and MPD creating workshops and hosted a resource fair for our MUSD community as well as other events. I am a great liaison by connecting at risk, low-income, and non english speakers families to continue providing safety resources to our community. I had worked along MPD and MFD, supporting
families with trainings in readiness for disaster together with our Public safety and emergency planning commission. I had also gone through training and completed twice the MPD Citizens Academy as well as MFD community outreach and training.I've also participated in a few National Night outs. I believe that my knowledge and connections with the District of Milpitas, Milpitas families from different backgrounds will make me a great asset to

the safety commission.

Upload a File Field not completed.

Date 7/31/2024
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.

Name Norma Morales
Email not displaying correctly? View it in your browser.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve City Council Meeting Schedule for 2025 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 11/19/2024
Recommendation: Approve the 2025 Milpitas City Council meeting schedule, with any changes requested at the City Council meeting.

Background:

Pursuant to Milpitas Municipal Code Section I-1-2.01, the City Council shall hold its regular meetings on the first and third Tuesday of each month. Typically, in November of each year staff presents a proposed meeting schedule, noting any conflicts that may exist with regularly scheduled meeting dates for the City Council’s review and approval.

Discussion:

Historically, the City Council has canceled both regular meetings in July for a summer recess. In 2019, due to the celebration of National Night Out on the first Tuesday in August, the City Council approved the annual cancellation of the first August meeting to allow participation in these activities. This practice has continued, and staff now recommends scheduling a Special Meeting on August 12, 2025, to address business originally planned for August 5.

Staff also proposes scheduling Council study sessions in January, February, and May 2025 to review the Preliminary Budget, Capital Improvement Plan (CIP), and Operating Budget, along with additional Special Meeting dates as placeholders in April, September, and October.

City staff has prepared a draft 2025 meeting calendar and requests the City Council confirm the proposed schedule as included in the Council agenda packet.

Fiscal Impact:

There is no fiscal impact associated with this item.

California Environmental Quality Act (CEQA):

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

Recommendation:

Approve the 2025 Milpitas City Council meeting schedule, with any changes requested at the City Council meeting.

Attachment:
2025 Council Meeting Dates List

City of Milpitas City Council
2025 Regular Meeting Dates
Tuesdays at 7:00 PM
and
Special Meeting Dates
Tuesdays at 5:30 PM or TBD
January 7 and 21
January 28
Preliminary 2025-26 Budget Study Session
February 4 and 18
February 11
CIP Study Session
March 4 and 18
April 1 and 15
April 29
May 6 and 20
May 13
FY 2025-26 Budget Study Session
June 3 and 17
July – none
August 12 and 19
September 2 and 16
September 23
October 7 and 21
October 28
November 4 and 18
December 2 and 16
Note: Both July meetings and the first Tuesday in August (for National Night Out on August 2) are canceled. Tuesday, August 13 is scheduled for business that would otherwise be conducted on August 6. Special meeting dates are subject to change.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Accept the FY 2023-24 Commissioners Annual Report for Six (6) Commissions and Approve Commission Work Plans for FY 2024-25 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 11/19/2024
Recommendation: (1) Accept the 2023-24 Commissioners Annual Report; and (2) Approve proposed Fiscal Year 2023-24 Work Plans for (a) Community Housing Commission, (b) Economic Development and Trade Commission, (c) Energy and Environmental Sustainability Commission, (d) Planning Commission, (e) Public Safety and Emergency Preparedness Commission, and (f) Science, Technology, and Innovation Commission.

BACKGROUND:

The City of Milpitas has 13 Commissions and Committees, appointed by the Mayor and City Council. On April 16, 2019, the City Council approved the City of Milpitas Standard Commission By-Laws (By-Laws). Per Section 1, titled “Purpose” of the By-Laws, “A Commission serves as an active advisory group to the City Council on a variety of topics as directed by the City Council.” Therefore, annually, City Commissions develop and recommend a work plan to outline tasks, goals, and or projects related to their advisory area. Staff works with commissions to develop their respective workplans and takes them to Council for review and approval.

ANALYSIS:

The Community Housing, Economic Development and Trade, Energy and Environmental Sustainability, Planning, Public Safety and Emergency Preparedness, and Science, Technology, and Innovation Commissions meet at different frequencies such as monthly, bi-monthly, or specially designated months as determined by their By-Law addenda. Commissions began meeting and discussing their FY 2024-25 workplans earlier this year and have prepared new work plans.

Commission accomplishments for and carry-overs from Fiscal Year 2023-2024 are as follows:

Commission Accomplishments
Community Housing Commission
The Community Housing Commission (CHC) met 11 times during FY 2023-2024. As the longest running Commission, the CHC has advocated for Milpitas residents since July 20, 1954. In FY 2023-2024, the CHC was successful in accomplishing some of their work plan goals, notably their annual Community Engagement & Affordable Housing and Building Safety month event to celebrate Affordable Housing month and the City’s progress on affordable housing. They also continued to provide critical feedback to staff and Council on the Community Development Block Grant Program (CDBG). Through the Commission’s guidance, staff were able to adopt the 2024-2025 Annual Action Plan allocations which brought over $590,000 in federal funding to the City’s low and moderate-income residents.

Economic Development and Trade Commission
The Economic Development and Trade Commission advises the City Council on business issues, cultivates international trade and commerce opportunities, and makes recommendations on the design, development, and implementation of economic development in Milpitas. The Economic Development and Trade Commission (EDTC) met ten times during Fiscal Year 2023-2024. During the fiscal year, EDTC’s significant accomplishments include providing recommendations on City bidding process, providing recommendations on property-based business improvement district feasibility study, providing suggestions to proposed Business Park/Research & Development (BPRD) Zoning standards, participating in the 7th annual Manufacturing Day

event, attending Brown Act Training, making recommendations on the Gateway-Main Street Specific Plan, providing funding for the Milpitas Hacks hack-a-thon, approving exploration of a Main Street business association and business-based improvement district, making recommendations for the Innovation District name and tagline.

FY 2023-24 Work Plan Item Accomplished Carryover Notes
Economic Development Strategy X X 80 % complete on the 5-year plan American Rescue Plan Act (ARPA)
Economic Vitality Framework X Completed
Main Street Revitalization X X Ongoing
Workforce Development & Education X X Ongoing
Innovation District X X Ongoing
International Trade & Commerce X Ongoing
Manufacturing Day 2023 X X Annual event
Energy and Environmental Sustainability Commission
The Energy and Environmental Sustainability Commission (EESC) advises the City Council on matters pertaining to sustainability, climate action, recycling, and waste diversion.

FY 2023-24 Work Plan Item Accomplished Carryover Notes
Earth Day Event Planning X X Staffed an EESC table at the event.

Will continue to participate annually.

Earth Day Essay and Photo Contest X Developed and hosted Earth Day Essay and Photo Contest. Participation
was low with only 4 total submissions.

Community Engagement and Events X X Commissioners staffed 8 community events and conducted education
related to home electrification.

Legislative Review for Possible
Positions
X X
Received staff updates and provided
feedback on several City initiatives
including Zero Waste and Food
Waste Programs, SMART Shuttle,
SVCE Decarbonization programs.

X On-going.

Planning Commission
The Planning Commission advises the City Council on issues and policies related to land use planning, zoning regulations, urban design, and community development. The Planning Commission meets bi-weekly to review, consider, and discuss proposals for new development throughout the City, and is empowered to make decisions on certain land use matters or formal recommendations to the City Council. The Planning Commission met 15 times during Fiscal Year 2023-2024 and accomplished the following: (1) approved 8 planning entitlements; (2) recommended approval of 10 development projects, 2 zoning text and map amendments, and 2 general plan amendments; and (3) held study sessions and adoption hearings for various long-range planning policy efforts and programs including the Comprehensive Zoning Ordinance Update, Housing Opportunity Districts, and Milpitas SMART.

FY 2023-24 Work Plan Item Accomplished Carryover Notes
Development Review X X Ongoing (held public hearings for 14 development projects)
Milpitas Metro Specific Plan
(TASP Update)
X Completed (held two adoption
hearings; Plan adopted by City Council
in February 2023)
Gateway/Main St. Specific Plan
(Midtown Update)
X X Ongoing (held one study session)
Comprehensive Zoning Ordinance
Update
X X Ongoing (held one study session and
served on the Zoning Ordinance
Update Advisory Committee)
Misc. Development Policies
X X Annual (held one study session and
one adoption hearing for the Objective
Design Standards)
Annual CIP Conformance with
General Plan
X X Annual (held one public hearing)
Public Safety and Emergency Preparedness Commission
The Public Safety and Emergency Preparedness Commission (PSEPC) advises the City Council on emergency preparedness and education. The PSEPC met five times over the calendar year 2024. During the year the PSEPC made significant accomplishments working within their respective areas of “expertise” to educate the community on public safety and emergency preparedness. For 2025, the work plan will have carryover and a new objective.

FY 2023-24 Work Plan Item Accomplished Carryover Notes
Public Safety Education (MPD) X X
Commissioners teamed with a MPD
Liaison, formed a power point
presentation and brochures on “smash
and grab”, the Neighborhood Watch
program and package delivery theft.

Fire Safety and Prevention
Education (MFD) X X
Commissioners teamed with a MFD
Liaison, formed a power point
presentation and brochures on fire
safety to include smoke detectors,
CO2 detectors and fire extinguisher
storage and use.

Emergency Preparedness (OEM) X X
Commissioners teamed with the OEM
Coordinator, formed a power point
presentation and brochures on
Personal Emergency Preparedness
regarding AFN preparedness, Alert
and Warning Systems, CERT and
RACES programs.

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

22-23 Workplan Item Accomplished Carryover Notes
Milpitas Unified School District
(MUSD) Innovation Center
Partnership
X • Received presentation on a machine
learning model to identify potential
reasons for the MUSD dropout rate.
• Supported the Milpitas Hackathon.
• Explored collaboration opportunities
with MUSD Chair, Cheryl Jordan
and MHS’s robotics club.

Emergency Communications X • • Conducted the research to explore various options the City can
consider for enhancing and
improving the effectiveness of
emergency communications,
including the following:
• Using drones for emergency
announcements and other
purposes.
• Conducting emergency drill
simulations to assess and improve
protocols and procedures.
• Implementing NG911 for better
location accuracy and multimedia
communication support.
• Leveraging AI to predict disaster
patterns and enhance
preparedness.
• Developing a mechanism for
resident feedback to evaluate the
overall program’s effectiveness.

Artificial Intelligence X • Researched and shared industry trends of using GPU (graphic
processing units) for AI.
• Explored use of AI for traffic
redirection and street closure
mapping.
• Collaborated with City of Fremont to
understand their adoption of AI for
traffic analysis.
• Explored the best practices for AI
adoption and associated risks.
• Participated in GovAI Coalition
Summit.

IT Technology Projects X IT department presented detailed about upcoming projects.
• Technology refresh: Upgrading
Council Chamber’s Audio-Video
systems.
• SaaS-based ERP: Cloud-based
ERP solution for Finance and
Human Resources.
• Permitting system replacement:

Modernizing approvals platform
used across many departments.
• Cybersecurity initiatives:

Strengthening defense measures.

FISCAL IMPACT:

Each Commission is allocated $1,000 annually by the City Council in the adopted budget. These funds were budgeted and approved as part of the FY 2024-25 budget and are to be used towards City Council approved tasks and projects, and administrative costs related to the Commission.

California Environmental Quality Act (CEQA):

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

RECOMMENDATION:
(1) Accept the 2023-24 Commissioners Annual Report.
(2) Approve proposed Fiscal Year 2023-24 Work Plans for (a) Community Housing Commission
(b) Economic Development and Trade Commission
(c) Energy and Environmental Sustainability Commission
(d) Planning Commission
(e) Public Safety and Emergency Preparedness Commission (f) Science, Technology, and Innovation Commission
ATTACHMENT(S):
(a) Community Housing Commission FY24-25 Workplan
(b) Economic Development and Trade Commission FY24-25 Workplan (c) Energy and Environmental Sustainability Commission FY24-25 Workplan (d) Planning Commission FY24-25 Workplan
(e) Public Safety and Emergency Preparedness Commission FY24-25 Workplan (f) Science, Technology, and Innovation Commission FY24-25 Workplan

MILPITAS COMMUNITY HOUSING COMMISSION
FY 2024-2025 WORK PLAN
Work Plan Goals: Serve as an advisory body on matters affecting Milpitas residents, especially those relating to community improvement.

Topic/Advisory Area Tasks Required Resources Begin
Discussion Deadline
A. CDBG public meeting
process
Staff

1. Present informational workshop for
commissioners

2. Prepare application packages

3. Coordinate with CDBG applicants to attend
the meeting
CAC

1. Review prepared application packages for a
public meeting

2. Make recommendations for CDBG service
areas to the City Council

3. Receive periodic updates from staff
Time: Commission, Staff,
CDBG Applicants
Budget: Refreshments
December April
B.

Community Engagement
& Affordable Housing
Month

1. Commissioners coordinate with staff to
promote Affordable Housing and Building
Safety Month

2. Event TBD by Commission
Time: Commission, Staff
Budget: Outreach materials
February June
C.

Office of Housing
Updates
Staff

1. Inform Commissioners on Housing related
policy & initiatives

2. Present data on existing programs

3. Provide federal, state, and regional Housing
updates
CAC

4. Commissioners conduct community
outreach and promote public attendance at
select events
Time: Commission, Staff
August October

ECONOMIC DEVELOPMENT & TRADE COMMISSION
WORK PLAN FY 2024-2025
Approved by City Council November XX, 2024
EDTC Mission Statement:

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

Topic/Overall Goal Specific Action(s) Required Status
Economic Development Strategy Implement Strategies and Actions: Economic indicators, branding/marketing assets and demonstration project policy.
• EDTC Commissioners may volunteer as ambassadors to assist in formal and informal business outreach as directed by staff including environmental friendliness for relocating businesses and green organizations and support targeted business attraction/creation • Develop policy for developing, testing and demonstrating innovative and sustainable solutions to City needs (EDS Action Item 21.1) such as “Green City” initiatives • Commissioners participate in small business workshops and events (EDS Action Item 5.2) Commissioner Engagement/
Ambassadorship
• Identify sector-based conferences and events that members and staff should attend (e.g., Biotech, AI, Automotive Tech, Cybersecurity, green tech/sustainability) for business attraction purposes
• EDTC Commissioners participate and present at Chamber of Commerce events such as breakfast and lunch convenings
Main Street Revitalization Economic Development Strategy 31: Position Midtown as a community destination for independent retailers, restaurants and services to encourage economic vitality, enhance business marketability, increase property values, and attract people and new businesses. • EDTC Commissioners may volunteer as ambassadors to assist in formal and informal business outreach as directed by staff, particularly along Main Street • Serve on City Council ad hoc Main Street Revitalization Sub-Committee o Volunteer ambassadors assist city staff with business outreach for re-building Main Street and re-establishing a business association along Main Street o Advance placemaking concepts, activation of the Main Street area or related tasks

ECONOMIC DEVELOPMENT & TRADE COMMISSION
WORK PLAN FY 2024-2025
Approved by City Council November XX, 2024
o Participate in future potential Main Street Business Association Innovation District • Support staff in outreach and promotion to business owners regarding development opportunities in the district and MID branding
• Cultivate incubator partnerships
Workforce Development &
Education
Promote a diversified workforce and provide training opportunities for Milpitas residents. • FlexFactor Initiative - Workforce dev./training to MUSD high school students • City/MUSD MOU - Workforce/Educ., career fair, business employment opportunities outreach
• EDTC Commissioners help facilitate opportunities with MUSD to engage high school students, and leverage networks at local colleges, universities, trade schools and organizations.

Zoning, Land Use & Permitting • Provide expertise and feedback re: the relationship between land-use regulations, planning, zoning, permitting and economic development for a diverse and optimized economy Manufacturing Day 2024 • Manufacturing Day 2024: Focus on career opportunities in tech/advanced manufacturing for MUSD high school students.
• Continue partnering with the Office of Economic Development to support Manufacturing Day 2025 event by participating as event speakers; promoting and marketing event; leveraging networks and resources
Completed
International Trade & Commerce Support business expansion into global markets, attract foreign investment through information gathering, needs assessment, & cultivate relationships with service providers. • Provide expertise and feedback on the OED’s International Trade and Commerce efforts • Help facilitate trade events, including hosting dignitaries, trade missions, attending trade shows or participating in related tasks
• Develop advisory report detailing an approach to better market Milpitas as a destination for Foreign Direct Investment

Energy and Environmental Sustainability Commission
FY 2024-2025 Work Plan
EESC Mission Statement: The Energy and Environmental Sustainability Commission advises the City Council on matters pertaining to sustainability, climate action, recycling, and waste diversion.

Topic/Advisory Area Specific Action(s) Required Begin Discussion Deadline Climate Film and
Discussion Event
Objective: Increase climate literacy in the community by hosting a climate film viewing and discussion event
Actions Required:
o Secure location for the event
o Decide on film(s) to show
o Publicity for event (flyers, social media, etc)
o Refreshments?
o Develop and facilitate community discussion
Budget: up to $300
October 2024 March 2025
Earth Day Event Objective: Support City’s Earth Day Event Actions Required:
o Provide input to staff on event logistics and
coordination
o Identify Commission specific activity at event
o Assist with event promotions
Budget: up to $500 for activity, materials, supplies
December 2024 April 2025
Encourage Businesses
to Switch to Non-plastic
Foodware
Objective: Provide information to businesses on plastic alternatives
Actions Required:
o ID target businesses (types)
o Research alternatives
o Develop resource list
o Identify how to promote
November 2024 June 2025

Carbon Neutral Homes
Incentive Program
Objective: Receive staff update on program and discuss
how Commission can support community engagement
and increase participation
Actions Required:
o Identify opportunities for Commissioners to
support program such as through outreach at
events, publicity, etc.
o Support/Plan Kickoff Event (target Feb/Mar
2025)
January 2025 Ongoing
Climate Action Plan
Status and Update
Objective: Receive update on community greenhouse
gas emissions inventory and City implementation status
April 2025 April 2025
Legislative Review Objective: Review priority environmental/climate related legislation and provide recommendation for possible
City position
Actions Required:
o ID and track relevant proposed legislation
o Review and analyze in alignment with City’s
Legislative Guiding Principles and CAP and
recommend possible City position
May 2025 June 2025
Solid Waste & Recycling
Program Update
Objective: Receive staff update on solid waste,
recycling, and food waste programs
August 2025 August 2025
Silicon Valley Clean
Energy
Decarbonizations
Programs Update
Objective: Receive SVCE update September 2025 September 2025

City of Milpitas
Planning Commission
Work Plan FY 2024-25
Purpose:

As established under Chapter 500 of Title I of the Milpitas Municipal Code, the Planning Commission advises the City Council on issues and policies related to land use planning, zoning regulations, urban design, and community development. The Commission meets bi-monthly to review, consider, and discuss proposals for new development throughout the City, and it is empowered to make decisions on certain land use matters or to make formal recommendations to the City Council.

Topic/Activity Tasks Required Resources Completion
Development Review*
Attend meetings (2x/month); read meeting packets;
active participation; site visits; Vote to approve/deny a project or make a recommendation to the Council
Commission, Staff Ongoing
Housing Opportunity
Districts
Review revised draft plan and make
recommendations to Council
Commission, Staff,
Consultants
Early
2025
Transit Area Development
Impact Fee Update
Participate in meetings; review draft study and make
recommendations to Council
Commission, Staff,
Consultants
Early
2025
Gateway/Main St. Specific
Plan (Midtown Update)
Participate in meetings; review draft plan and make
recommendations to Council
Commission, Staff,
Consultants
Mid
2025
Comprehensive Zoning
Ordinance Update
Receive presentations; provide feedback and make
recommendations to Council
Commission, Staff,
Consultant
Mid
2025
Innovation Districts Parks
and Trails Master Plan
Receive presentations; provide feedback and make
recommendations to Council
Commission, Staff,
Consultant
Late
2025
Main St. Sense of Place
Plan and Impact Fee Study
Receive presentations; provide feedback and make
recommendations to Council
Commission, Staff,
Consultant
Mid
2026
Misc. Development Policies
(State legislation
implementation)
Receive presentations; provide feedback and make
recommendations to Council Commission, Staff Annual
Annual CIP Conformance
with General Plan
Receive presentations; provide feedback and make
recommendations to Council Commission, Staff Annual
* The Commission Reviews and Acts Upon the Following:

1. General Plan and General Plan amendments;

2. Specific Plans and Specific Plan amendments;

3. Zoning and Subdivision Ordinance amendments

City of Milpitas
Planning Commission
Work Plan FY 2024-25

4. Environmental Impact Reports and Negative Declarations under CEQA;

5. Tentative Subdivision Maps;

6. Planned Development permit applications;

7. Subdivision Ordinance exceptions;

8. Special Studies and Reports

9. Master Plans (e.g., Bike and Ped Master Plan, Open Space Plan, Green Infrastructure Plan, etc.)

10. Appeals of Decisions by the Zoning Administrator.

Public Safety & Emergency Preparedness Commission
The Public Safety and Emergency Preparedness Commission (PSEPC) advises the City Council on emergency preparedness and education. The PSEPC met five times over the calendar year 2024. During the year the PSEPC made significant accomplishments working within their respective areas of “expertise” to educate the community on public safety and emergency preparedness. For 2025, the work plan will have carry over and a new objective.
2024 Work Plan
Objectives Accomplished Carryover Notes
Public Safety Education
(MPD) X X
Commissioners teamed with a MPD Liaison, formed a power point presentation and brochures on “smash and grab”, the Neighborhood Watch program and package delivery theft.

Fire Safety and
Prevention Education
(MFD)
X X
Commissioners teamed with a MFD Liaison, formed a power point presentation and brochures on fire safety to include smoke detectors, CO2 detectors and fire extinguisher storage and use.

Emergency Preparedness
(OEM) X X
Commissioners teamed with the OEM Coordinator, formed a power point presentation and brochures on Personal Emergency Preparedness regarding AFN preparedness, Alert and Warning Systems, CERT and RACES programs. 2025 New Objective
ZoneHaven/Genasys PSEPC Commissioners will work on promoting the new Alert and Warning System.

This is a new system, paid by grant funds, for fast, efficient alert and warning.

Commissioners will assist in educating the public in the “Know Your Zone” campaign.

City of Milpitas
Science, Technology, and Innovation Commission
Science, Technology, and Innovation Commission 24-25 Workplan The Science, Technology and Innovation Commission advises the City Council on matters of telecommunications policy, legislation, and implementation at the local, state, and federal levels.

The Commission also considers and recommends information technology services that benefit the Milpitas Community.

Topic/Advisory Area Tasks Status
Artificial Intelligence Research technology and necessary policies in the areas of Artificial Intelligence
Carryover
A.I. usage in city
government
Research practical implementations of A.I. in municipal governments
New
Cybersecurity Research cyber-attacks, prevention, and defense New

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: FY 2024-25 1st Quarter Financial Status Report for the Quarter Ended September 30, 2024 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) Category: Consent Calendar-Leadership and Support Services Meeting Date: 11/19/2024
Recommendation: Review the FY2024-25 Quarterly Financial Status Report for the quarter ended September 30, 2024.

BACKGROUND:

On June 4, 2024, the City Council approved the Fiscal Year (FY) 2024-25 Adopted Operating Budget in the amount of $249.8 million and the General Fund Budget in the amount of $138.5 million. After adoption of the budget, staff monitors revenues and expenditures for all funds with an emphasis on the General Fund and Enterprise Funds.

ANALYSIS:

This staff report provides a quarterly update on budget versus actual revenues and expenditures of the General, Water and Sewer Funds, the City’s major operating funds. The summary information below as well as the attachment comprises the FY2024-25 Quarterly Financial Status Report for the quarter ended September 30, 2024. Major revenue sources and expenditures for these funds are discussed below. The attachments provide a more detailed summary of budget versus actual revenues and expenditures for the first quarter of FY2024-25 as well as prior year actuals for comparison purposes.

General Fund
On June 4, 2024, the City Council approved the Fiscal Year (FY) 2024-25 Adopted Operating General Fund Budget in the amount of $138.5 million. As of September 30, 2024, the City received $11.4 million in revenues, or 8.5% of the FY2024-25 adopted revenue budget and incurred $43.0 million in expenditures, or 30.5% of the FY2024-25 adopted operating budget. Revenues and expenditures are seasonal with cash flow fluctuations due to timing of revenue receipts and City serves rendered. As such, actual percentage of revenues may not match the lapsed period of the quarterly report (i.e. 8.5% of revenue versus 25% for 3-month time period).

General Fund Revenues
As mentioned above, the three months ending September 30, 2024, the General Fund has received $11.4 million, or 8.3% of the FY2024-25 adopted revenue budget of $138.5 million, which includes the use of $2.5 million of Facilitates Replacement Reserve and $1.3 million of Public Employees Retirement (PERS) Rate Stabilization Reserve. The FY2024-25 Adopted Budget assumed a slight recovery in revenue, which is discussed further below by major categories.

General Fund Revenues
FY2024-25
Adopted
Budget
FY2024-25
Adjusted
Budget
FY2024-25
Receipts
09/30/2024
Outstanding
Favorable/
(Unfavorable)
%
Receipts
FY2023-24
Receipts
09/30/2023
FY2024-25 vs
FY2023-24
% Increase/
(Decrease)
Property Tax $50,091,338 $50,091,338 $79,946 $(50,011,392) .20% $55,558 43.9% Sales and Use Tax 29,562,305 29,562,305 2,256,527 (27,305,778) 7.6% 2,548,646 (11.5)% Sales and Use Tax - Measure F 7,340,550 7,340,550 546,319 (6,794,231) 7.4% 577,295 (5.4)% Transient Occupancy Tax 13,032,550 13,032,550 2,357,493 (10,675,057) 18.1% 1,921,022 22.7% Licenses, Permits & Fines 9,231,118 9,231,118 1,665,369 (7,565,749) 18.0% 1,508,298 10.4% Operating Transfer In 8,478,722 8,478,722 1,200,931 (7,277,791) 14.2% 1,144,387 4.9% Charges for Services 7,957,721 7,957,721 2,068,562 (5,889,159) 26.0% 1,853,147 11.6% Franchise Fees 5,990,422 5,990,422 422,763 (5,567,659) 7.1% 650,600 (35.0)% Use of Money and Property 1,179,198 1,179,198 442,360 (736,838) 37.5% 168,649 162.3% Other Taxes 1,135,518 1,135,518 114,859 (1,020,659) 10.1% 128,422 (10.6)% Intergovernmental 399,201 526,884 120,792 (406,092) 22.9% 105,542 14.4% Other Revenues 288,309 288,309 140,774 (147,535) 48.8% 91,828 53.3% Total General Fund Revenue1 $134,686,952 $134,814,635 $11,416,695 $(123,397,940) 8.5% $10,753,394 6.2% 1 Total General Fund Revenue does not include the use of $2.5 million of Facilitates Replacement Reserve and $1.3 million of Public Employees Retirement (PERS) Rate Stabilization Reserve
• Property Taxes and Redevelopment Property Tax Trust Fund: As most property tax revenue is received in December and April, it is expected for property tax revenue to be low in the first quarter. The revenue forecast estimates $50.1 million in total property tax revenue for the City of Milpitas based on County of Santa Clara (County) projections. Compared to the County’s most recent update on September 6, 2024, the County’s property tax projections are $0.1 million higher than the adopted budget. • Sales & Use Tax: Sales tax is usually collected one quarter in arrears. As of September 30, 2024, the City has received one month of sales tax receipts. Revenues are 11.5% lower than last year at the same time largely due to reduced consumer consumption.
• Sales & Use Tax – Measure F: The district tax became operative April 1, 2021 and sunsets on March 31, 20291. As of September 30, 2024, the City has received one quarter of sales tax receipt for Measure F. Revenues are 5.4% lower than last year at the same time largely due to reduced consumer consumption.
• Franchise Fees: Revenues are 35% lower than last year at the same time due to a timing difference.

The sanitation fees due in September (1st quarter) were not received until October (2nd quarter) thereby understating in FY2024-25 1st Quarter report.
• Hotel/Motel or Transient Occupancy Tax (TOT) Tax: Revenues are 22.7% higher than last year at the same time. Hotel operators are beginning to see higher TOT revenues although the City has received less than 25% of the adopted budget this quarter.
• Intergovernmental Revenues: Revenues are 14.4% higher than last year at the same time.

Intergovernmental revenues include grant revenues which are already programed into the FY2024-25 budget and appropriations are offset accordingly.
• Other Taxes: Revenues are 10.6% lower than last year at the same time. Other Taxes includes real estate transfer tax, business license tax and motor vehicle license tax. • License and Permits: Revenues are 10.4% higher than last year at the same time. Developer and builder project delivery timelines and respective building permit revenues fluctuate and are seldom within City control.
• Charges for Services: Revenues are 11.6% higher than last year at the same time. This is largely due to an increase in Recreation program revenues.
1 Measure J, which extends Measure F by 8 years to March 31, 2037, was placed on the November 5, 2024 ballot by the City Council.

As of the writing of this Agenda Report, Measure J is expected to be approved by the voters with approximately 80% “Yes” votes.

• Use of Money and Property: Revenues are three times higher than last year at the same time, as the City investment portfolio is earning significantly higher investment income than last year. This uptick in investment income is primarily due to higher yield rates in the short-term portfolio, given sustained high interest market rates through most of the fiscal quarter.

General Fund Expenditures
For the three months ending September 30, 2024, the General Fund has utilized $43.0 million (including encumbrances of $6.8 million), or 30.5%, of the FY2024-25 adjusted operating budget of $141.2 million. The adjusted operating budget represents $138.5 million of the adopted appropriation and $2.1 million of carryover encumbrances and $0.5 million in amendments. As of September 30, 2024, General Fund expenditures are consistent with prior year as a percentage expended of the budget.

FY2024-25 vs
FY2023-24
Departments
FY2024-25
Adopted
Budget
FY2024-25
Adjusted
Budget Expenditure Encumbrance
Total YTD
Expenditure +
Encumbrances
% of
Adjusted
Budget
FY2023-24
Expenditure
Including
Encumbrance
Increase/
(Decrease)
City Attorney 1,214,142 1,249,302 299,536 222,242 521,778 41.8% 256,062 103.8% City Clerk 634,488 634,488 122,122 0 122,122 19.2% 135,031 (9.6%) City Council 631,378 679,887 91,972 48,509 140,481 20.7% 188,446 (25.5%) City Manager 2,196,244 2,364,624 497,004 266,232 763,236 32.3% 483,342 57.9% Economic Development 1,229,397 1,345,250 252,983 111,456 364,439 27.1% 231,346 57.5% Engineering 4,721,478 4,870,659 922,920 107,496 1,030,416 21.2% 892,803 15.4% Finance 5,205,109 5,405,667 1,138,166 371,245 1,509,411 27.9% 1,427,504 5.7% Fire 31,442,612 31,688,979 8,926,946 241,950 9,168,896 28.9% 7,331,628 25.1% Human Resources 2,348,798 2,404,176 477,936 132,479 610,415 25.4% 616,177 (0.9%) Information Technology 5,135,405 5,425,896 832,961 353,937 1,186,898 21.9% 963,166 23.2% Non-Departmental 6,971,506 7,244,334 4,566,733 534,176 5,100,909 70.4% 5,079,240 0.4% Office of Building Safety1 5,351,243 5,351,243 1,284,500 54,501 1,339,001 25.0% Office of Housing1 316,778 316,778 77,651 0 77,651 24.5% 2,192,880 (35.4%) Planning 3,346,853 3,409,785 629,622 581,323 1,210,945 35.5% 645,881 87.5% Police 45,836,039 46,155,204 10,764,242 1,354,721 12,118,963 26.3% 11,090,295 9.3% Public Works 11,709,439 12,128,978 2,642,344 1,751,665 4,394,009 36.2% 4,504,998 (2.5%) Recreation & Community
Services 6,981,057 7,160,191 2,066,797 441,559 2,508,356 35.0% 2,406,232 4.2% Transfers In/Out/Revenue 3,345,645 3,345,645 845,645 0 845,645 25.3% 843,817 0.2% Grand Total $138,475,697 $141,181,086 $36,440,080 $6,573,491 $43,013,571 30.5% $39,288,847 9.5% 1 The Department of Building Safety and Housing was realigned in FY2024-25. The Department was separated into two functions – Office of Building Safety and Office of Housing – within the City Manager’s Office. Code Enforcement was merged into the Planning Department. Due to this restructuring, direct comparison of FY2023-24 expenses and percentage changes to FY2024- 25 may not be feasible.

Grants and Donations
In accordance with City Council approved Budget Guidelines, the City Manager has the authority to accept grants and donations up to $100,000. Staff is reporting on acceptance of these grants and donations for this quarter.

1. CalRecycle Grant FY2024-25 - $20,606

2. Santa Clara County Fireworks Grant FY2024-25 $5,000

3. Stanford Impact Labs (SIL) Evidence for Policy Fellowship program grant $50,000 Unanticipated Expenditure Reserve
In accordance with City Council approved Budget Guidelines, as part of the quarterly financial status reports, Staff is reporting on the Unanticipated Expenditure Reserve for this quarter. There were no new appropriations and/or contracts authorized for this quarter.

Water Maintenance & Operation (M&O) Fund Financial Status Revenues: For the three months ended September 30, 2024, $9.1 million of charges for services, or 27.5%, of the $33.0 million budgeted has been received. Total revenue received amounts to $9.1 million, or 27.1%, of the $33.6 million budgeted.

Expenditures: For the three months ended September 30, 2024, $31.9 million, or 78.7%, of the $40.5 million adjusted budget has been spent and/or encumbered. The Santa Clara Valley Water District and San Francisco

Water Department wholesale water purchase contract encumbrance was posted for the full year in the first quarter of FY2024-25.

Sewer Maintenance & Operation (M&O) Fund Financial Status Revenues: For the three months ended September 30, 2024, $6.2 million of charges for services, or 25.2%, of the $24.8 million budgeted has been received. Total revenue received amounts to $6.2 million, or 24.7%, of the $25.1 million budgeted.

Expenditures: For the three months ended September 30, 2024, $10.3 million, or 57.0%, of the $18.2 million adjusted budget has been spent and/or encumbered. The City of San José wastewater treatment contract encumbrance was posted for the full year in the first quarter of FY2024-25.

POLICY ALTERNATIVE(S):

There are no policy decisions advanced or recommended in this Agenda Report. Staff is reporting actual unaudited financial data to inform the Council and the public on the City’s financial status.

FISCAL IMPACT:

This is an informational report intended to provide a financial update of the City’s General, Water and Sewer funds for the quarter ended September 30, 2024. No budget amendment is recommended.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This item is not a Project under CEQA exempt under CEQA Guideline 15378(b)(4) as it is a government fiscal activity that does not involve a commitment to any specific project which may result in a potentially significant physical impact on the environment.

RECOMMENDATION:

Review the FY 2024-25 Quarterly Financial Status Report for the Quarter Ended September 30, 2024.

ATTACHMENT(S):
(a) FY 2024-25 Water and Sewer Funds Financial Status for Fiscal Year-To-Date September 30, 2024

Revenue Categories Adopted Budget Amendments Grants C/O Amended Budget Receipt Outstanding % Receipt Receipt 9/30/2023 % Receipt 9/30/2023 Charges for Services $ 32,971,334 $ - $ - $ 32,971,334 $ 9,054,045 $ 23,917,289 27.5% $ 8,711,103 25.8% Intergovernmental - - - - (225,413) 225,413 - - -
Licenses, Permits & Fines - - - - - - - - -
Other Revenues - - - - $ 4,574 (4,574) - 7,432 -
Use of Money and Property 585,286 - - 585,286 $ 271,677 313,609 46.4% 105,954 24.7% Grand Total $ 33,556,620 $ - $ - $ 33,556,620 $ 9,104,883 $ 24,451,737 27.1% $ 8,824,489 25.8% Expenditures by
Department Adopted Budget Amendments Grants C/O Encumb. C/O Amended
Budget Expenditure Encumbrance Total YTD Exp. % of Amended Budget Total YTD Exp.
6/30/2023
% of Amended
Budget
6/30/2023
City Attorney $ 9,270 $ - $ - $ - $ 9,270 $ - $ - $ - - $ - - City Manager 9,167 - - - 9,167 2,063 6,188 8,251 - - -
Finance 1,251,174 - - 27,379 1,278,553 272,997 71,933 344,930 27.0% 293,514 26.5% Non-Departmental 27,032,724 - - 2,958,353 29,991,077 5,575,451 23,527,088 29,102,539 97.0% 23,980,328 96.5% Public Works 5,433,833 150,000 - 250,424 5,834,257 1,266,394 368,627 1,635,021 28.0% 1,176,560 23.5% Transfers In/Out/Revenue 3,363,508 - - - 3,363,508 759,627 - 759,627 22.6% - - Grand Total $ 37,099,676 $ 150,000 $ - $ 3,236,156 $ 40,485,832 $ 7,876,532 $ 23,973,836 $ 31,850,368 78.7% $ 25,450,402 75.2% Revenue Categories Adopted Budget Amendments Grants C/O Amended Budget Receipt Outstanding % Receipt Receipt 9/30/2023 % Receipt 9/30/2023 Charges for Services $ 24,820,533 $ - $ - $ 24,820,533 $ 6,249,302 18,571,231 25.2% $ 5,819,428 24.7% Intergovernmental - - - - $ - - - - -
Licenses, Permits & Fines - - - - $ (184,872) 184,872 - 1 - Other Revenues - - - - - - - (134) -
Use of Money and Property 340,742 - - 340,742 $ 149,017 191,725 43.7% 58,508 20.4% Grand Total $ 25,161,275 $ - $ - $ 25,161,275 $ 6,213,447 18,947,828 24.7% $ 5,877,803 24.7% Expenditures by
Department Adopted Budget Amendments Grants C/O Encumb. C/O Amended
Budget Expenditure Encumbrance Total YTD Exp. % of Amended Budget Total YTD Exp.
6/30/2023
% of Amended
Budget
6/30/2023
City Manager $ 9,167 $ - $ - $ - $ 9,167 $ 2,063 $ 6,188 $ 8,251 - $ - - Engineering - - - - - - - - - - -
Finance 802,132 - - 27,221 829,353 165,213 71,933 237,146 28.6% 195,195 28.6% Non-Departmental 11,351,009 - - 139,547 11,490,556 3,039,958 5,610,927 8,650,885 75.3% 8,273,295 73.6% Public Works 3,538,201 136,293 - 264,783 3,939,277 893,106 154,632 1,047,738 26.6% 740,016 19.9% Transfers In/Out/Revenue 1,908,148 - - - 1,908,148 395,787 - 395,787 20.7% - - Grand Total $ 17,608,657 $ 136,293 $ - $ 431,551 $ 18,176,501 $ 4,496,127 $ 5,843,680 $ 10,339,807 56.9% $ 9,208,506 53.7% Sewer Fund
Attachment 1
City of Milpitas
Water and Sewer Financial Status
For Fiscal Year-To-Date September 30, 2024 (unaudited)
Water Fund

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Authorize the City Manager to Execute an Agreement with ClearSource Financial Consulting for a Comprehensive Fee Study for Implementation in FY 2025-2026 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) Category: Leadership and Support Services
Meeting Date: 11/19/2024
Recommendation: Authorize the City Manager to negotiate and execute an agreement with ClearSource Financial Consulting for a Comprehensive Fee Study for implementation in FY 2025- 2026 for an amount not-to-exceed $77,520 without the need for further competitive procurement.

BACKGROUND:

On an annual basis, City of Milpitas (City) staff advances a User and Regulatory Fee Schedule (Fee Schedule) for cost recovery purposes for City Council consideration and adoption. The Fee Schedule identifies fees for services and activities provided at the request of, or on behalf of, a single party as opposed to the public at large. Examples of user and regulatory fees collected by the City of Milpitas and municipalities throughout California include, but are not limited to:
• Planning Fees, such as entitlement review and review for compliance with the zoning code; • Building Fees, such as permitting of new construction or modifications to existing structures; • Engineering Fees, such as map review, encroachment permitting, and public improvement review; • Utility Fees, such as requests for sewer lateral inspections, and restoration of discontinued service; • Police Fees, such as vehicle impound and false alarm response; • Animal Regulation Fees, such as licensing and impound fees; • Fire Fees, such as annual inspections and construction review to ensure compliance with the fire code; • Recreation Fees, such as program participation fees, and facility rental fees; and • Administrative Fees, such as license application review fees.

User and regulatory fees specifically exclude taxes, assessments, franchise fees, development impact fees, fines and/or penalties, and utility rates and/or service charges.

The Fee Schedule is reviewed annually by City staff as part of the normal course of operations. Year-over-year inflationary adjustments may be proposed, based on the estimated average annual increase in total employee compensation costs, with distinct averages calculated for employees commonly classified as miscellaneous employees and employees commonly classified as safety employees, as well as other ancillary costs incurred during the provision of the respective service and/or activity.

ANALYSIS:

Typically, a cost-of-service study for City fees is completed every three to five years, with incremental updates occurring in the years in between comprehensive studies. The City entered into a five-year professional services contract with ClearSource Financial Consulting (ClearSource) on December 10, 2021, providing specific analysis to support these incremental updates, as follows:
• Cost of service justification for subsets of City services whose user/regulatory fees need discrete adjustments to reflect changes in practices and policies that affect existing fees or inform imposition of a new fee for service;

• Cost inflation adjustments to City fees which are scheduled for inflationary or other adjustments by existing City Council resolution; and
• An administrative record to support approval of the Fee Schedule, including its updates.

The Fee Schedule was last comprehensively updated on April 18, 2023, with the most recent interim update approved by City Council on June 18, 2024.

Consistent with the City’s Purchasing Ordinance in the Milpitas Municipal Code, the City where practicable engages in competitive procurement. Nevertheless, Milpitas Municipal Code Section I-2-3.06 Sole Source Procurement specifically authorizes the City Purchasing Agent to determine in writing, after conducting a good faith review of available sources, that only one source exists for the required supplies, material, equipment, or general service, or that there is a compelling reason for using only one source. As noted above, the City has an existing contract through December 31, 2026 with ClearSource for the annual Fee Schedule update. While the scope of work for the existing contract did not include a Comprehensive Fee Study, performing a request for proposals (RFP) process for these services would be an inefficient use of staff resources, as ClearSource has been successfully providing since December 2021 the same analyses required for a Comprehensive Fee Study as is now provided for the annual Fee Schedule update. As such, the Purchasing Agent has determined there is a compelling reason for approving ClearSource Finance Consulting as the sole source to conduct a Comprehensive Fee Study for Implementation in Fiscal Year 2025-2026.

Furthermore, Milpitas Municipal Code Section I-2-3.13 - Contracting for Consultants empowers City staff to engage consultants without the necessity of competitive procurement without City Council approval where the cost of engagement does not exceed $100,000 and with City Council approval where the cost of engagement exceeds $100,000. This is because consultants are required for professional or technical expertise for matters that require specialized abilities and a high degree of skill. The pool of qualified consultants is comparatively limited to other services the City procures, and capability not cost is the primary criteria for selection. In such situations, the competitive procurement process is not likely to result in a lower price to the City or eliminate unnecessary expense or delay.

This Comprehensive Fee Study will be focused on the ethic of “the costs to serve” as the essential justification for City fees for services and activities. Broadly speaking, this cost of service-based Comprehensive Fee Study will answer the following questions:
➢ What are the full costs – direct and indirect – of outward-facing services and activities provided to the Milpitas community, which currently have or may be eligible for a user or regulatory fee? ➢ What are the cost recovery targets or policies of the City as to the amounts that should be paid for those who request or cause these services or activities under review? ➢ What structure of fee ensures a reasonable relationship between a fee amount paid and the underlying costs to serve?
➢ What is the effect on the City General and other funds when changes to user/regulatory fees are implemented?
The City expects ClearSource to deliver a comprehensive review of the City cost recovery structure with the goal of establishing a consistent and objectively based fee and rate structure meeting the needs of the City and residents. The resulting fee and rate system (Fee Schedule), which will inform the FY 2025-26 Fee Schedule update effective July 1, 2025 will comply with all applicable laws and regulations, be compatible with City financial and other systems, such as permit-tracking and online fee portal, and provide a defensible basis for subsequent interim updates to the City Fee Schedule until the next Comprehensive Fee Study.

POLICY ALTERNATIVE(S):

Alternative 1: Do not support this recommendation
Pros: The City would not incur the expense of the Comprehensive Fee Study or the substantial investment of City staff time and resources necessary to support the level of data collection required for this comprehensive analysis. In addition, if the City Council chooses not to support this Comprehensive Fee Study now and instead relies on annual inflationary updates, it may lead to growing disparities between the actual costs of providing services and the fees collected to cover those costs. This situation could result in inequities among different groups of Milpitas residents, as the financial burden of unrecovered service costs may fall disproportionately on those who are not directly benefiting from specific services provided to select individuals or groups.

Cons: Performing a comprehensive review of the City cost recovery structure can greatly enhance the fairness and transparency of the fee and rate systems imposed on Milpitas residents and businesses. By utilizing datadriven methodologies, the Comprehensive Fee Study will yield a defensible and consistent framework that complies with legal regulations, ensuring the City is well-prepared to justify its rates to stakeholders. This structured approach not only aids in aligning with City financial and other systems but also facilitates efficient updates in the future, reducing the likelihood of sudden fee increases or unexpected changes that could affect service delivery.

Reason for Not Recommending: If the City Council decides against the Comprehensive Fee Study and opts for annual inflationary updates, it could result in increasing gaps between service costs and collected fees. This may lead to inequities among Milpitas residents, as those not benefiting from specific services might bear a larger share of unrecovered costs.

FISCAL IMPACT:

There is sufficient funding for the Comprehensive Fee Study scope of work in the Finance Department FY 2024-25 Adopted Operating Budget.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378. Furthermore, the action is simply a fiscal (Cal. Code of Regs., tit. 14, § 15378) or administrative/organizational (Cal. Code of Regs., tit. 14, § 15378) decision of the City related to the selection of a consultant without any commitment to any specific project that could have the potential for a direct or indirect effect on the environment.

RECOMMENDATION:

Authorize the City Manager to negotiate and execute an agreement with ClearSource Financial Consulting for a Comprehensive Fee Study for implementation in FY 2025-2026 for an amount not-to-exceed $77,520 without the need for further competitive procurement.

ATTACHMENT(S):

None

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager or Designee to Execute a Two-Year Professional Services Agreement with TDG Engineering, Inc. for a Milpitas Gateway-Main Street Sense of Place Plan (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Jay Lee, Planning Director, 408-586-3077) Category: Consent Calendar-Community Development
Meeting Date: 11/19/2024
Recommendation: (1) Adopt a resolution to accept a grant award of $600,000 from the Metropolitan Transportation Commission, RFP No. 24-134, (2) Approve and authorize the City Manager or designee to negotiate and execute, with the approval of the City Attorney, a two-year Professional Services Agreement with TDG Engineering, Inc. for a Milpitas Gateway-Main Street Sense of Place Plan in an amount not to exceed $420,000; and (3) Delegate authority to the City Manager or designee to extend the term of the Agreement and execute amendments up to 10% as required for work completion.

BACKGROUND:

The Milpitas Gateway-Main Street Specific Plan (Plan) was originally adopted as the Midtown Specific Plan by the Milpitas City Council in March 2002 to maximize land uses, transportation and economic opportunities along the City’s historic Main Street and energize and catalyze mixed-use, transit-oriented development in this area, also known as the “heart” of Milpitas. At present, the Plan provides for development of up to 2,328 new dwelling units, supporting retail, and new office and employment uses at key locations. Development activity in recent years has been mixed, and includes approval and construction of 1,200 units of multifamily housing, reinvestment in the adjacent Great Mall, and the extension of the Santa Clara Valley Transportation Authority (VTA) Light Rail Transit (LRT) line. Recent successful multifamily residential developments, which promoted the vision and goals of the Plan, are concentrated in the southern end of the Plan area south of Curtis Avenue.

Originally encompassing 942 acres of land, Plan boundaries were amended in 2010 to remove parcels of land in the southern end of the Plan area and prioritize areas in greater need of reinvestment.

Since adoption of the current Plan in 2002, little of the development potential has been realized, and the City believes several vacant and underutilized sites have the potential for additional catalytic development and investment, especially along Main Street and Calaveras Boulevard. Obstacles to redevelopment in Midtown include haphazard parcel sizes and dimensions, disparate property ownership, and lack of a cohesive identity.

Other challenges include gaps in the transportation network (i.e., weak connection to Calaveras Boulevard to the north and disconnected cul-de-sacs) and shortage of recreational opportunities to complement existing creeks and trails in the Plan area.

The revitalization of Main Street is one of the City’s 2020 Economic Development Strategy key goals and priorities. To support these efforts, the Milpitas City Council created an Ad Hoc Main Street Revitalization Subcommittee to lead and direct City staff in implementing this new vision and strategy for the revitalization of historic Main Street. Additionally, the City is currently collaborating with Main Street property owners to explore options for establishing a Property-based Business Improvement District (PBID) and Storefront Improvement Grant Program.

To meet the San Francisco Bay Area long-range goals of reduced greenhouse gas emissions and more affordable housing for all, the Metropolitan Transportation Commission (MTC) has been offering funding and technical assistance to local jurisdictions through its Priority Development Area Planning Program (PDA) since 2007. On February 23, 2023, City staff applied for and received $600,000 in PDA grant funding to prepare the

Milpitas Gateway-Main Street Sense of Place Plan. The City allocated this funding as part of the 2025-2029 Capital Improvement Program1.

ANALYSIS:

On May 30, 2024, the City released Request for Proposal (RFP) 24-134 to seek expertise in building on these efforts and policies by assisting the City to prepare the Plan. The scope of work includes (1) identifying needed streetscape and transportation improvements along Main Street, (2) creating a Basic Infrastructure Plan that details each type of improvement and assigns a priority, and (3) establishing a plan-specific development impact fee to fund the improvements. The goal of the project is to revitalize and transform Main Street into a complete neighborhood with infrastructure and amenities to support high-density, mixed-use development along the corridor.

The RFP was publicly noticed on the City website and OpenGov, the City e-procurement website, in accordance with City Municipal Code. Upon release, 950 firms received notification of the RFP, and 54 firms downloaded the RFP documents. Three vendors submitted proposal responses by the published closing date of June 27, 2024.

The RFP was evaluated and scored in accordance with the evaluation criteria set forth in the RFP. Following initial scoring, all three respondents participated in oral interviews to further describe their proposal, provide clarifications, and answer questions. The two highest ranked firms after oral interviews participated in a best and final offer. Scores for the two finalists are as follows:

Evaluation Criteria Max Points SWA Group TDG Engineering, Inc.

Cover Letter and Compliance with RFP 5 3.3 4.0
Company Profile 10 8.7 7.7
Execution Plan 35 31.5 32.7
References 5 4.5 3.7
Personnel Assigned 20 17.3 17.3
Proposed Compensation 25 22.4 25.0
Total Score 100 87.7 90.4
TDG Engineering, Inc., an affiliate of Toole Design Group, LLC, was the best value proposer based on the evaluation criteria set forth in the RFP.

POLICY ALTERNATIVE(S):

Alternative 1: Do not execute a Professional Services Agreement with TDG Engineering, Inc. for the Milpitas Gateway-Main Street Sense of Place Plan project.

Pros: None.

Cons: The City would not be able to carry out the planned Milpitas Gateway-Main Street Sense of Place Plan project.

Reason not recommended: Without completing the Milpitas Gateway-Main Street Sense of Place Plan project, the Gateway-Main Street Specific Plan would be missing a key component regarding the plan area’s infrastructure improvements. Further, the Specific Plan and City would miss an opportunity to create a planspecific impact fee to fund the necessary improvements. 1 CIP Project No. 3504, Milpitas Gateway-Main St. Impact Fee Study and Sense of Place Plan

FISCAL IMPACT:

Should Council approve this contract, the two-year agreement with TDG Engineering, Inc. for a Milpitas Gateway-Main Street Sense of Place Plan is for an amount not to exceed $420,000. Moreover, the City Manager or designee may extend the term of the agreement and execute amendments up to 10% as required to complete the work. Funding for this Professional Services Agreement has been approved through the current Capital Improvement Program (CIP) Project No. 3504 Milpitas Gateway-Main St. Impact Fee Study and Sense of Place Plan. The funding source of the project comes from the Priority Development Area (PDA) Planning Grant Program through the Metropolitan Transportation Commission (MTC). As of October 21, 2024, the balance of the project is $600,000.

Fiscal Summary of Contract (2 Years):

Task Descriptions Not to Exceed1
Task 1: Project Initiation & Management $41,140
Task 2: Existing Conditions Analysis 36,842
Task 3: Public Engagement 46,698
Task 4: Preliminary Design 138,540
Task 5: Draft Plan 51,094
Task 6: Impact Fee Study 63,350
Task 7: Final Plan & Impact Fee Adoption 30,252
Allowance for reimbursable incidentals (subject to pre-approval by City)2 12,084 Total Contract Cost (2 Years) $420,000
1 City to be billed based on costs associated with actual vendor hours required to complete the work. 2 Reimbursable incidentals include, but are not limited to, printing, copying, travel, etc. as required and approved in advance by City.

City will reimburse vendor at vendor’s actual cost or U.S. General Services Administration (GSA)-approved rates for pre-approved expenses.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The project involves only feasibility or planning studies for possible future actions which the City has not approved, adopted, or funded and does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors pursuant to Cal. Code Regs., tit. 14, § 15262.

RECOMMENDATION:
(1) Adopt a resolution to accept a grant award of $600,000 from the Metropolitan Transportation Commission, RFP No. 24-134,
(2) Approve and authorize the City Manager or designee to negotiate and execute, with the approval of the City Attorney, a two-year Professional Services Agreement with TDG Engineering, Inc. for a Milpitas Gateway-Main Street Sense of Place Plan in an amount not to exceed $420,000; and (3) Delegate authority to the City Manager or designee to extend the term of the Agreement and execute amendments up to 10% as required for work completion.

ATTACHMENT(S):
(a) Resolution

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS ACCEPTING THE GRANT AWARD OF $600,000 FROM THE METROPOLITAN TRANSPORTATION COMMISSION; AWARDING RFP NO. 24-134 AND APPROVING AND AUTHORIZING THE

CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE, WITH THE APPROVAL

OF THE CITY ATTORNEY, A TWO-YEAR PROFSSIONAL SERVICES AGREEMENT WITH TDG ENGINEERING, INC., FOR A MILPITAS GATEWAY-MAIN STREET SENSE OF PLACE PLAN FOR AN AMOUNT NOT TO EXCEED $420,000 AND DELEGATE AUTHORITY TO

THE CITY MANAGER OR DESIGNEE TO EXTEND THE TERM OF THE AGREEMENT AND EXECUTE AMENDMENTS UP TO 10% AS REQUIRED TO COMPLETE THE WORK WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the Metropolitan Transportation Commission (MTC) is the designated recipient for state and federal funding assigned to the Regional Transportation Planning Agency / Metropolitan Planning Organization of the nine-county San Francisco Bay Area region for the programming of projects; and WHEREAS, MTC established the One Bay Area Grant (OBAG) program to guide how to best use federal transportation funding to address climate change; and Whereas, To meet the San Francisco Bay Area long-range goals of reduced greenhouse gas emissions and more affordable housing for all, the MTC has been offering funding and technical assistance to local jurisdictions through its Priority Development Away Planning Program (PDA) since 2007; and WHEREAS, the City nominated the Milpitas Gateway-Main Street Specific Plan (formerly Midtown Specific Plan) and MTC adopted the Milpitas Gateway-Main Street Specific Plan as a PDA; and WHEREAS, MTC offers funding and technical assistance to local jurisdictions through its PDA Planning Grant Program to meet the Bay Area’s long-range goals of reduced greenhouse gas emissions and more affordable housing for all; and
WHEREAS, on April 6, 2021, the City Council adopted FY2022-2026 Capital Improvement Program (CIP), which included the Milpitas Gateway-Main Street Specific Plan (Midtown Specific Plan Update) as Project No. 3437; and
WHEREAS, on September 21, 2021, the City Council authorized the City Manager to execute a professional services agreement with Ascent Environment for consultant services to prepare the GatewayMain Street Specific Plan (Gateway Plan); and WHEREAS, the Gateway Plan envisions historic Main Street as an important and vibrant mixeduse corridor that serves as the heart of Milpitas and establishes policies to facilitate this transformation; and WHEREAS, on February 23, 2023, the City applied to MTC through the PDA Planning Grant Program to request funding for the Milpitas Main Street Sense of Place Plan; and WHEREAS, the Main Street Sense of Place Plan would implement several goals and policies of the ongoing Gateway Plan; and

WHEREAS, on March 21, 2023, the City Council held a duly-noticed public hearing on the City PDA Planning Grant application, and expressed its support for the City’s application to the Metropolitan Transportation Commission to prepare a Main Street Sense of Place Plan; and WHEREAS, on June 28, 2023, the Metropolitan Transportation Commission authorized the funding of the project at its Commission Meeting; and
WHEREAS, on May 30, 2024, the City’s Purchasing Division released Request for Proposal (RFP) No. 24-134 for the Main Street Sense of Place Plan project; and WHEREAS, the RFP was publicly noticed in accordance with the City Municipal Code, advertised on the City’s website, and emailed to companies registered with the City’s eProcurement system; and WHEREAS, on June 27, 2024, three sealed bids were received; and WHEREAS, on October 2, 2024, the evaluation committee finalized scores and selected the top firm, TDG Engineering, Inc., for awarding the bid; and
WHEREAS, staff recommended the City Council accept the grant award and award RFP No. 24- 0134 and authorize the City Manager or designee to negotiate and execute, with the approval of the City Attorney, a two-year Professional Services Agreement with TDG Engineering Inc., for the Main Street Sense of Place Plan for an amount not to exceed $420,000 and delegate authority to the City Manager or designee to extend the term of the Agreement and execute amendments up to 10% as required to complete the work; and
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

SECTION 1. Recitals
The City Council has 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 publish, 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 incorporated herein by reference.

SECTION 2. City Council Approval
The City Council hereby accepts the grant award of $600,000 from the Metropolitan Transportation Commission and award RFP 24-134 and authorize the City Manager to negotiate and execute a two-year Professional Services Agreement with TDG Engineering, Inc., for the Main Street Sense of Place Plan for an amount not to exceed $420,000 and delegate authority to the City Manager or designee to extend the term of the Agreement and execute amendments up to 10% as required to complete the work.

PASSED AND ADOPTED this 19th day of November 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
___________________________
Suzanne Guzzetta, City Clerk
APPROVED:

Carmen Montano, Mayor
APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving a Memorandum of Understanding Between the City of Milpitas and International Association of Firefighters Local 1699 (IAFF) (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086) Category: Consent Calendar-Leadership and Support Services Meeting Date: 11/19/2024
Recommendation: Adopt a resolution approving a Memorandum of Understanding between the City of Milpitas and International Association of Firefighters Local 1699 (IAFF) covering the period of July 1, 2024 through June 30, 2027.

BACKGROUND:

The Memorandum of Understanding (MOU) between the City of Milpitas and the International Association of Firefighters Local 1699 (IAFF) expired on June 30, 2023. Thus, the City needs to enter into a new MOU.

ANALYSIS:

Over the last nine months, City representatives and representatives from IAFF met and conferred in good faith to negotiate a new Memorandum of Understanding. The City and MPOA began negotiations on February 28, 2024 and met more than 15 times. A tentative agreement has been reached with a new successor Memorandum of Understanding with an effective period of July 1, 2024 through June 30, 2027. The IAFF bargaining group voted in favor of the tentative Memorandum of Understanding on November 6, 2024. The major terms of the agreement are:
1) Three-year contract with the following wage adjustments:
• Adjust salary schedule retroactive to the first full pay period in July 2024 • 9.0% base salary increase for IAFF employees retroactive to the first full pay period in July 2024. • 5.0% base salary increase for IAFF employees effective the first full pay period in July 2025. • 4.0% base salary increase for IAFF employees effective the first full pay period in July 2026. 2) Longevity provisions for pay for eligible IAFF employees are based on the following:
• Effective the first full pay period following the completion of an employee’s 9th year of regular, full-time service, a longevity incentive of three percent (3%) over base pay. • Effective the first pay period following the completion of an employee’s 14th year of regular, fulltime service, an additional two percent (2%) over the previous three percent (3%) longevity incentive for a total increase of five percent (5%) over base pay. • Effective the first pay period following the completion of an employee’s 19th year of regular, fulltime service, an additional two percent (2%) over the previous five percent (5%) longevity incentive for a total increase of seven percent (7%) over base pay. • Effective the first pay period following the completion of an employee’s 24th year of regular, fulltime service, an additional two percent (2%) over the previous seven percent (7%) longevity incentive for a total increase of nine percent (9%) over base pay. • Effective the first pay period following the completion of an employee’s 25th year of regular, fulltime service, an additional two percent (2%) over the previous nine percent (9%) longevity incentive for a total increase of eleven percent (11%) over base pay.

• Effective the first pay period following the completion of an employee’s 26th year of regular, fulltime service, an additional four percent (4%) over the previous eleven percent (11%) longevity incentive for a total increase of fifteen percent (15%) over base pay.

The Memorandum of Understanding is included in the City Council agenda packet as Exhibit A to the Resolution to approve the MOU. The draft MOU was available for public review for the 10-day period required by the City of Milpitas Open Government Ordinance on November 8, 2024.

POLICY ALTERNATIVE(S):

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

Cons: The City would not have a current memorandum of understanding with this bargaining group representing more than 73 City employees who help keep the Milpitas community safe.

FISCAL IMPACT:

The total costs for the proposed wage and benefit increases for FY2024-25 is $967,512. The City will use the following two strategies to fund the increases:

1. Appropriate General Fund FY2021-22 Future Deficit Reserve in an amount of $532,404 to the Fire Department personnel budget

2. Reduce the City Manager Unanticipated Expenditure Reserve by $435,108 and reallocate to Fire Department personnel budget.

The General Fund FY2021-22 Future Deficit Reserve current balance is $1,452,576, which was set aside in FY2021-22 for future budget deficits. The City Manager Unanticipated Expenditure Reserve is currently budgeted at $1,300,000, which represents approximately 1% of the FY2024-25 General Fund appropriation.

Staff seeks City Council approval to use the General Fund FY2021-22 Future Deficit Reserve, reducing that reserve to $920,172, and reduce the City Manager Unanticipated Expenditure Reserve budget to $864,892.

The proposed wage and benefit increase for FY 2025-2026 and FY 2026-2027 will be incorporated in the respective annual operating budget adoption process. The fiscal impact for the proposed IAFF increases is approximately $3,902,235 over three 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 Memorandum of Understanding between the City of Milpitas and International Association of Firefighters Local 1699 (IAFF) covering the period of July 1, 2024 through June 30, 2027.

ATTACHMENT(S):
1) Resolution
2) Exhibit A – Memorandum of Understanding
3) Exhibit B – All Job Classifications/Salary Table Effective 07/14/2024

RESOLUTION NO. ____

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

THE MEMORANDUM OF UNDERSTANDING WITH THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS LOCAL 1699, FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2027 AND APPROVE AND ADOPT THE PAY SCHEDULE TITLED “ALL JOB CLASSIFICATIONS/SALARY TABLE EFFECTIVE 07/14/2024” WHEREAS, the most recent Memorandum of Understanding (MOU) between the International Association of Firefighters Local 1699 (IAFF) and the City of Milpitas covered the period of July 1, 2018 through June 30, 2024; and
WHEREAS; representatives of IAFF and the City of Milpitas met in good faith and negotiated a successor MOU; and
WHEREAS, the new MOU between IAFF and the City of Milpitas shall be effective July 1, 2024, through June 30, 2027, a copy of which is attached as “Exhibit A;” and WHEREAS, consistent with salary changes in this MOU, an update to the City’s All Job Classification/Salary Table is necessary.

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 International Association of Firefighters Local 1699 (IAFF) and the City of Milpitas, attached hereto as Exhibit A, is hereby approved and the City Representatives are hereby authorized to execute it.

3. The City Council approves and adopts the pay schedule “ALL JOB CLASSIFICATIONS/SALARY TABLE EFFECTIVE 07/14/2024,” which is attached hereto as Exhibit B.

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

Exhibit A
The City of Milpitas
And
International Association of
Firefighters Local 1699
Memorandum of Understanding
July 1, 2024 through June 30, 2027

Exhibit A

TABLE OF CONTENTS
PREAMBLE AND DEFINITIONS .............................................................................................1 SECTION 1.00 - EMPLOYEE RIGHTS .....................................................................................2 SECTION 2.00 - DUES AND REPRESENTATION ..................................................................4 SECTION 3.00 - CITY RIGHTS..................................................................................................6 SECTION 4.00 - ADVANCE NOTICE, COORDINATION AND CONFLICT RESOLUTION7 SECTION 5.00 - DISCIPLINARY ACTION...............................................................................8 SECTION 6.00 - LAYOFF .........................................................................................................12 SECTION 7.00 - CHANGE IN STATUS OF EMPLOYMENT (NON-DISCIPLINARY).......13 SECTION 8.00 - GRIEVANCE PROCEDURE ........................................................................13 SECTION 9.00 - PAY PLAN .....................................................................................................17 SECTION 10.00 - VACATION LEAVE AND CTO ..................................................................18 SECTION 11.00 - SICK LEAVE ...............................................................................................23 SECTION 12.00 - MILITARY LEAVE......................................................................................25 SECTION 13.00 - LEAVE OF ABSENCE ................................................................................25 SECTION 14.00 - JURY LEAVE ..............................................................................................26 SECTION 15.00 - FAMILY LEAVE..........................................................................................26 SECTION 16.00 - COMPASSIONATE LEAVE .......................................................................27 SECTION 17.00 - OVERTIME..................................................................................................28 SECTION 18.00 - HOLIDAYS ..................................................................................................29 SECTION 19.00 - TRAINING / TRAINING RELEASE TIME ...............................................30 SECTION 20.00 - ATTENDANCE............................................................................................34 SECTION 21.00 - STAFFING...................................................................................................35 SECTION 22.00 - ACTING OUT OF CLASS...........................................................................36 SECTION 23.00 - STATION ASSIGNMENT...........................................................................36 SECTION 24.00 - EXCHANGE OF TIME ...............................................................................38 SECTION 25.00 - SAFETY EQUIPMENT...............................................................................40 SECTION 26.00 - DAMAGED PERSONAL ARTICLES (Watches and Eyeglasses) .............40 SECTION 27.00 - EMPLOYMENT, INTERNAL AND EXTERNAL......................................40 SECTION 28.00 - SENIORITY .................................................................................................41 SECTION 29.00 - INCENTIVE PAY ........................................................................................42 SECTION 30.00 - UNIFORM ALLOWANCE ..........................................................................44 SECTION 31.00 - RETIREMENT.............................................................................................44 SECTION 32.00 - SALARY .......................................................................................................48 SECTION 33.00 - BENEFITS...................................................................................................49 SECTION 34.00 - RETIREE DEPENDENT HEALTH CARE FUND....................................50 SECTION 35.00 - NO DISCRIMINATION ..............................................................................51 SECTION 36.00 - NO STRIKE .................................................................................................51 SECTION 37.00 - HAZARDOUS MATERIALS SPECIALIST................................................51 SECTION 38.00 - MISCELLANEOUS.....................................................................................52 SECTION 39.00 - 40 HOUR WORKWEEK..............................................................................53 SECTION 40.00 - TRAINEE CLASSIFICATION
SECTION 41.00 - LIGHT DUTY ..............................................................................................56 SECTION 42.00 - PARAMEDIC PROGRAM...........................................................................57 Appendix A: Salary Schedules ..................................................................................................58

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/30/2027)

COMPREHENSIVE MEMORANDUM OF UNDERSTANDING

WITH CITY OF MILPITAS AND MILPITAS FIREFIGHTERS UNION,
LOCAL 1699,

ON SALARIES, FRINGE BENEFITS AND WORKING CONDITIONS

PREAMBLE
The authorized representatives of the City Council of the City of Milpitas, hereafter referred to as the "City" and the authorized representatives of the International Association of Firefighters, Local 1699, hereafter referred to as the "Local" do jointly accept and agree to all the terms and conditions of employment set forth in this Memorandum of Understanding (MOU), pursuant to Section 15.13 of the Personnel Rules and Regulations of the City of Milpitas (as amended).

If any Section, Subsection, sentence or clause or phrase of this Memorandum 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.

The City and the Union believe that this MOU, and all of the City’s related pay practices, comport with the requirements of the Fair Labor Standards Act (FLSA). In the event any employee makes a claim that the MOU contains a provision that does not comply with the FLSA, the City may reopen the item at issue to negotiate, as needed, to ensure compliance with the FLSA.

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

This MOU and any agreement, document, or instrument, attached hereto or referred to herein, integrate all terms and conditions mentioned herein or incidental hereto, and supersede all oral negotiations and prior writing in respect to the subject matter hereof.

The following classifications are eligible for representation:

Fire Battalion Chief
Fire Battalion Chief-40 Hour
Entry Firefighter
Entry Firefighter/Paramedic
Firefighter
Firefighter / Paramedic
Fire Engineer
Fire Engineer / Paramedic
Fire Captain
Fire Captain-40 Hour
Firefighter Trainee
Firefighter/Paramedic Trainee
Fire Prevention Inspector
Hazardous Materials Inspector
Fire Protection Engineer

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 2 The term of this Memorandum of Understanding (“MOU”) shall be for three (3) years commencing at 12:01 a.m. on July 1, 2024 and terminating at 12 midnight on June 30, 2027.

The terms and conditions of employment set forth in this Memorandum of Understanding have been discussed in good faith by the authorized representatives of the City and the authorized representatives of the Local. The authorized representatives of the Local agree to recommend acceptance by the employees of all terms and conditions of employment set forth herein and the 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 as of the dates specified in the Memorandum of Understanding without further action by either party, provided that economic adjustments, except for base wages, shall go into effect on the first pay period following City Council adoption of this MOU, or as otherwise specified in this MOU. It is the purpose of this agreement to achieve and maintain harmonious relations between the City and the Local.

Contractual rights under this MOU (including, without limitation, health benefits, salary and longevity pay) are not “vested rights,” and are subject to future negotiation.

DEFINITIONS
Platoon: a group of people assigned to a subdivision within the fire department labeled as A, B and C platoons.

Tour: two (2) consecutive twenty-four (24) hour work days of someone’s regular work schedule.

Shift: one (1) twenty-four (24) hour work day.

Long-term vacancy: will be determined by any vacancy lasting 30 days or longer.

SECTION 1.00 - EMPLOYEE RIGHTS

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

The City and Local shall take any steps necessary to ensure that each employee has the right to reach an independent decision regarding membership or nonmembership.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 3 1.02 Labor and Organization Activities: City employees participating in organizational or other labor Local 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 permitted:

1.02.1 A steward representing or assisting a fellow employee in the presentation of a grievance may utilize such time as is essential for the presentation to management of the grievance during working hours; however, solicitation of grievances shall be on the employee's own time.

1.02.2 Officials of any organization representing City employees may meet on City time with the City Manager or other City officials when such meeting times are approved by the City Manager. A reasonable number of special meetings requiring action by the general membership may be scheduled with prior approval of the Department Head.

1.02.3 Business agents or representatives of the Local or other association, or their affiliates, having business (other than recruiting of members) with the officers or individual members of the Local or association or other recognized employee group may meet and confer with such officers or members during the course of the working day for a reasonable 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 will in no way conflict with the performance of City business.

1.02.4 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 in subparagraph 1.02.2, 1.02.3, and 1.02.5 is allowed only after working hours except for the purpose of a monthly meeting of the Local membership and may be held between the hours of 9:00 a.m. and 10:00 a.m. The Local shall notify the Department Head with as much advance notice as possible. These meetings shall in no way interfere with the performance of official duties of on-duty personnel. Bulletin boards designated for Local use shall be provided at each fire station.

The City shall provide space and storage locker at a Fire Department facility, as determined available by management and approved by the Fire Chief and to accommodate a Local file cabinet, bookcase and answering machine. There is no intent to create by the Local or provide by the City a "Local Office," however, the City recognizes the Local's need to conduct administrative tasks. This arrangement shall not be used by on-duty members during work hours except as provided for in this Section. It is understood that "administrative tasks" excludes political activities. Local agrees not to engage in any political activities while using a City facility.

1.02.5 The City shall provide paid release time for Local officers and members to conduct essential Local business such as conventions, symposia, etc., excluding political activity, upon reasonable written notice to the Department Head. A request for release time may be declined, by the Fire Chief, in the event that the release time would necessitate the use of

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 4 overtime for the days being used at the time of the request. These events include but are not limited to:

ANTICIPATED EVENT PERSONNEL DAYS/HOURS
LTD Meetings 2 3 days
Administration of Toys for Tots 1 1-24 hrs
CPF Conventions 1 5-6 days
IAFF Conventions 1 5-6 days
IAFF Regional Seminars 1 5-6 days
IAFF Educational Seminars 1 5-6 days
Additional meetings, seminars, conventions, symposia, etc. may be attended if they meet the criteria of this Section and are approved by the City

1.02.6 The Local's use of City facilities (as noted in this Section) shall be conditioned upon the City's right to suspend or revoke said use upon reasonable notice and for just cause. After notifying the Local of City's proposed action, the City Manager or his/her delegate will convene a meeting to consider the Local's position and to decide whether the use shall be suspended or revoked.

1.02.7 1.02.8 City agrees to notify a member of the Local Executive Board in the event of serious injury or death occurring on duty to any member covered by the bargaining unit.

SECTION 2.00 – DUES AND REPRESENTATION

2.01 Employee Rights

2.01.1 The City and the Local recognize the right of employees to form, join and participate in lawful activities of employee organizations and the equal, alternative right of employees to refuse to form, join and participate in employee organizations. Neither party shall discriminate an employee in the exercise of these alternative rights.

2.02 Union Contributions – Maintenance of Authorization of the Union Contributions

2.02.1 The City shall deduct from a represented employee’s pay Union dues, fees, premiums for insurance programs, political action fund and other contributions, and any special membership assessments (collectively, “contributions”), as established and as may be changed from time to time by the Union, upon submission by the Union of either (a) an employee’s signed membership or other payroll deduction authorization form specifically authorizing those deductions, or (b) written certification from the Union that it has and maintains individual employee authorizations.

2.02.2 Except as otherwise provided in Section 2.02 and in accordance with S.B. 866 (2018) and A.B. 119 (2017), each pay period, the City shall

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 5 remit all sums deducted to the Union. The City will share with IAFF the following information related to newly hired employees: the name, job title, bureau, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of all employees within 30 days of the new hire and will provide an accumulated total annual amount deducted per employee.

2.02.3 When the Union adjusts the level of contributions, the Union shall provide written notice to the City.

2.02.4 Except as otherwise provided in this section, the City shall continue to deduct and remit contributions until it receives notice of revocation from the Union as provided in this section, or it receives an order from a court or an administrative body directing the City to discontinue the deduction for one or more employees.

2.02.5 No Fault.

The Union agrees to indemnify, defend and hold the City harmless from any and all claims, demands, suits, or other action by employees arising from the provisions of this Section 2.00 or from complying with any demand for revocation hereunder.

2.02.6 The City is under no obligation to make payroll deductions for periods during which a Union member is either terminated from employment or not on the City’s payroll for any reason, including, but not limited to, layoff and voluntary leaves of absence for more than thirty (30) days.

2.03 Payroll Authorization

2.03.1 An employee may revoke his or her membership or payroll deduction authorization as follows:

2.03.1.1 For those employees who have signed a membership card or other authorization form which provides the
terms of revocation, the exclusive method of revocation is set by the card or other authorization form.

2.03.1.2. For employees whose membership card or other
authorization form does not provide terms of revocation, the member may revoke by submitting a written
revocation to the Union during the month of June of any year.

2.03.2 When the Union determines that a represented employee timely revokes his or her membership or contribution authorization as provided above, the Union shall notify the City in writing within fifteen (15) days. The City shall cease contribution deductions within fifteen (15) days of receiving the notice of revocation from the Union.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 6 2.03.3 The City shall not resolve disputes between the Union and represented employees concerning Union membership or contribution deductions, or provide advice to employees about such matters. The City shall direct employees who have questions or concerns about the Union contributions to the Union without expressing an opinion or otherwise responding to employee questions or concerns.

2.03.4 Upon request of the Union, the City agrees to meet with the Union to discuss and attempt to resolve issues pertaining to deliver of services relating to such deductions.

2.04 New Employee Orientation

2.04.1 The Union shall be allowed a representative at all City orientations where new employees represented by the Union will be attending, consistent with Government Code Sections 3550-3559. Such Union representatives shall be allowed a minimum of twenty (20) minutes to make a presentation and answer questions to employees in classifications represented by the Union. The Union may present packets to represented employees at orientation. The City where appropriate, will notify the Union thirty (30) days in advance of such orientation sessions, but at a minimum, the City shall provide such notice at least ten (10) business days prior to the orientation. The City shall provide to the Union a list of all new employees, including their contact information (including but not limited to personal and work email addresses and personal and work phone numbers), within 30 business days of hire, and shall allow each such employee and a Union representative thirty (30) minutes of paid time during their scheduled work time to meet directly.

SECTION 3.00 - CITY RIGHTS

3.01 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:

3.01.1 To determine the mission of all constituent departments, commissions and boards;

3.01.2 To set standards of service;

3.01.3 To determine the appropriate levels of city services, except where defined in the MOU;

3.01.4 To take disciplinary action for just cause;

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

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 7 3.01.6 To employ any appropriate means or method to maintain the efficiency of government operations and administration;

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

3.01.8 To determine the procedures and standards of selection for employment and promotion;

3.01.9 To determine the scope of duties and responsibilities applicable to all positions of employment, and determine the content of job classifications;

3.01.10 To direct employees, make assignments and require overtime work;

3.01.11 To transfer or reassign employees, as outlined in the MOU;

3.01.12 To lay off employees by position as a result of: elimination of positions through City Council resolution; lack of work; budgetary considerations (including without limitation lack of funds or a revenue downturn); reorganization; or other related reasons;

3.01.13 Except that any agreement between the City and the Local evidenced by a memorandum of understanding pursuant to GC 3500 et. seq. shall take precedence over any of the above enumerated employee and management rights; and that such memorandum of understanding will be honored in good faith during the life of this contract.

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

3.01.15 The above listed rights are subject to the City’s duty to meet and confer in accordance with State law.

SECTION 4.00 - ADVANCE NOTICE, COORDINATION AND CONFLICT

RESOLUTION

4.01 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 effect 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.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 8 4.02 There shall be four general methods of interaction between labor and management to provide for changes and additions to the services provided by the department, to provide for informal resolution of issues that may arise from time to time, to develop alternative solutions to challenges faced by the department and to review the status of department programs and activities.

4.02.1 Regular monthly meetings will be held between the leadership of the Local and the Fire Chief/Executive Staff to exchange information and to resolve issues of general concern to either group, including proposed changes or additions to service levels and programs. These meetings shall be scheduled by the mutual consent of the Local President and Fire Chief and may be canceled or rescheduled with the consent of the President and Fire Chief.

4.02.2 A standing Policy review committee, consisting of three Battalion Chiefs and three designated representatives of the Local, shall meet on a scheduled basis to review and recommend solutions to conflicts that may arise over the application of policy or between individuals within the organization. The main objectives of this committee are to achieve consistency in the application of policies and procedures, to recommend improvements in policies and procedures and to provide an informal method of resolving complaints of individuals within the organization with regard to the application of policies and procedures.

In the event this body is unable to reach a consensus in determining an appropriate response to recommend in a given situation, the Division Deputy Chief shall facilitate an acceptable resolution that addresses the operational needs of the organization.

In the event the Division Chief is unable to facilitate a consensus recommendation, he/she and the committee shall meet with the Fire Chief to resolve the dispute.

4.02.3 Ad-hoc committees may be formed by mutual consent of the Local and the Fire Chief to review and recommend courses of action which may require special attention. Such committees shall be singular in purpose and shall be dissolved upon achieving the assigned goal of the committee.

4.02.4 Standing committees shall meet on a regular basis regarding matters of continuing concern. These shall include the Department Safety Committee and such other committees as may be deemed appropriate by the Fire Chief for the effective operation of the department.

4.02.5 Membership on all committees created according to this Section shall be determined by mutual understanding of the Fire Chief and Local President. The Fire Chief shall appoint the chairperson/coordinator for each committee, except that the Chair of the Policy Review Committee shall be selected annually by the members of that body.

4.02.6 Where deemed necessary by both the Fire Chief/Executive Staff and the leadership of the Local, single items may be reopened for further negotiation. However, every effort shall be made to limit such re-openers

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 9 to single items of major import that need to be addressed during the term of the current M.O.U.

SECTION 5.00 - DISCIPLINARY ACTION
The City may take disciplinary action against any Employee for just cause. The City recognizes the practice of progressive discipline; provided, however, depending on the severity of the offense, the City may immediately charge more severe discipline.

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

5.01(a) Fraud in securing appointment or falsification concerning records, fellow employees, or work performed;

5.01(b) Failure to perform satisfactorily the duties and responsibilities of an employee’s position;

5.01(c) Neglect of duty;

5.01(d) Insubordination;

5.01(e) Reporting for or performing duty under impairment as a result of alcohol and/or drug use;

5.01(f) Dishonesty or misuse of misappropriation of City property and funds;

5.01(g) Conviction of any crime involving moral turpitude, or substantially relating to the function of an employee’s position;

5.01(h) Un-authorized absence without leave;

5.01(i) Non-observance of work hours, including tardiness, and abuse of sick leave privileges;

5.01(j) Discourteous or non-cooperative treatment of the public or other employees;

5.01(k) Conduct, either during or outside of duty hours, which is of such a nature that it causes discredit to the employee’s department of the City;

5.01(l) Failure to abide by any condition of employment stipulated in the:

Municipal Code; personnel rules and regulations; any personnel policies and procedures; or memoranda of understanding approved by formal action of the Council;

5.01(m) Knowingly filing or pursuing a false charge; or

5.01(n) Abuse of any City administrative processes.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 10 5.02 Pre Disciplinary Procedures

5.02.1 Prior to taking any disciplinary action, as defined in Section 5.02.6, 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 City ordinances, resolutions, written procedures, municipal code, or departmental regulations and policies;
(c) The reasons for the proposed action;
(d) The materials upon which the action is based;
(e) The opportunity of the employee to appear before a designated City representative and respond to the charges at a specified place and time;
(f) The right of the employee to be represented by an attorney or other representative at any disciplinary conferences or proceedings.

5.02.2 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.

5.02.3 Any employee notified pursuant to 5.02.1 above who desires an opportunity to respond may do so by appearing at the appointed place and time. Said response may be oral or in writing. The employee is not entitled to an evidentiary hearing, and the sole purpose of the meeting shall be to hear the response of the employee to the 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. Any response provided by the employee under this Subsection shall be voluntary. Any questioning of the employee in response by the City shall be conducted in compliance with the Firefighters Procedural Bill of Rights Act.

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

5.02.5 As soon as practicable 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 time of commencement thereof. Said notification will also advise the employee of any right of appeal. Upon the employee’s written request, the City will send copies of the applicable disciplinary materials to the employee’s designated representative.

5.02.6 For the purposes of the application of the procedures outlined in Sections 5.02.1 through 5.02.5, a disciplinary action shall be defined as a

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 11 minimum of a written reprimand or any discipline outlined in Section 5.05 through 5.09 of this MOU.

5.03 Corrective Action
The following are methods of corrective action that are not disciplinary but normally precede discipline. (City of Milpitas Standard Procedure 15-1)

5.03.1 Verbal Counseling: Typically, the first and lowest level of a corrective action is an employee counseling session. The purpose of this action is to ensure that the employee is made aware of the violation or misbehavior in question and is advised of the appropriate action or behavior that is expected in the future. A discussion should occur between the employee and supervisor to address any clarification needed. It is expected that the employee will not repeat the violation or misbehavior following this meeting. This step is intended for minor offenses and first violations.

5.03.2 Verbal Warning: Verbal warning to the employee that future behavior could lead to disciplinary action. (City of Milpitas Standard Procedure, 15-1)

5.03.3 Written Warning: Memorandum to the employee noting that future behavior could lead to disciplinary action. Written warnings are not copied to the employee's personnel file but are kept in department or supervisor's files. (City of Milpitas Standard Procedure 15-1, example 1)

5.04 Review of Corrective Actions

5.04.1 Corrective action of less severity than defined in Section 5.02.6 shall not require the pre-disciplinary procedures outlined in Section 5.02 unless required by law. However, in order to ensure fairness or to confirm facts in support of a corrective action, an employee may request a review of the circumstances by the Fire Chief or designee. The Fire Chief or designee shall determine the appropriateness of the action taken and/or consistency of the action with past practices in similar situations. The Fire Chief or designee may modify the disciplinary action based on this review.

5.05 Disciplinary Action

5.05.1 Written Reprimand: Repeated violations or more severe misbehavior may require a more formal response by the supervisor to the employee. In this case the employee is provided with a written memorandum which outlines the violations being addressed and the expected actions to be taken by the employee in response to the memorandum. The written reprimand contains an indication of subsequent disciplinary steps to be taken in the event that the employee fails to respond appropriately. A copy of the written reprimand shall be placed in the employee's official personnel record after it has been first read and signed by the employee. If the employee refuses to sign the reprimand that fact shall be noted on the reprimand which shall then be placed in the personnel file. The employee shall initial the notation of this refusal to sign the reprimand.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 12 5.05.2 The Human Resources Director shall remove a letter of reprimand from a personnel file based upon a written request by the employee submitted to and approved by the Fire Chief provided there have been no additional disciplinary actions during the subsequent twelve (12) months.

5.05.3 Loss of Privileges/Workplace Restrictions: In the event of more severe violations or repeated misbehaviors, the employee may be restricted from certain privileges or may not be allowed to participate in certain privileges or may not be allowed to participate in certain department programs or activities as a form of discipline. In this case, the specific restrictions shall be outlined in a written memorandum along with the time period that the restriction shall be in place. In addition, the memorandum shall contain all of the elements outlined in Section 5.05.1.

5.05.4 In the event an employee faces any loss of privileges and or work restrictions, it shall typically be the employee's immediate supervisor who makes the recommendation and presents it to the next level supervisor.

The recommended action shall be reviewed and approved by the appropriate designee of the Fire Chief before it is implemented.

5.06 Suspension: In the event of more severe or repeated violations, the employee may be relieved of duty by the City for a specified period of time without pay. Such suspension shall not exceed thirty (30) calendar days (or up to and including 10 shifts for 56-hour personnel) and shall be subject to the procedures outlined in Sections 5.02 or 5.03.

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

Such reduction in salary shall be subject to the procedure outlined in Section 5.02.

5.08 Involuntary Demotion: In the event of more severe or repeated violations, the employee may be reduced in rank and pay by the City. Such demotion shall be in conformance with Section 5.02.

5.09 Termination of Employment: The City may terminate the employment of an employee for more severe or repeated violations of the City or Department rules, regulations, policies or procedures. Such termination shall be in conformance with Section 5.01.

Appeal of Discipline: An employee subject to disciplinary action as defined in Section

5.02.6 may appeal the discipline pursuant to the grievance and arbitration process outlined in this MOU. Appeals of such discipline shall be submitted at Step II of the grievance procedure (i.e., the Fire Chief or designee).

Any appeal of discipline need not follow any particular form but shall be conducted in accordance with the Administrative Procedures Act (APA) in that it shall provide at minimum:

1. Notice and an opportunity to be heard, including the opportunity to present and rebut evidence.

2. Provide a copy of and be in compliance with the written hearing procedures outlined in this MOU.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 13 3. Hearing shall be open to the public unless necessary to protect confidential or privileged information, at the request of the employee, or to insure a fair hearing.

4. The adjudicative function shall be separated from the investigative, prosecutorial, and advocacy functions.

5. A presiding officer who is subject to disqualification for bias, prejudice, or interest.

6. A written decision that is based on the record and includes the factual and legal basis for the decision.

7. Restrictions on ex parte communications.

SECTION 6.00 - LAYOFF

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

6.01.1 The City may lay off an employee because of material change in duties, organization, or shortage of work or funds in the department or the City.

6.01.2 The City 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.

6.01.3 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 7.00 - CHANGE IN STATUS OF EMPLOYMENT (NON-DISCIPLINARY)

7.01 Demotions:

7.01.1 Involuntary Demotion: The Fire Chief may demote or reduce the salary of an employee whose performance does not meet established minimum standards for the position held. Such demotion, while not disciplinary, shall be subject to the review procedure outlined in Section 5.02.

7.01.2 Voluntary Demotion: Upon the request of the employee, the Fire Chief may approve a voluntary demotion.

7.01.3 No employee may be demoted to a position for which the employee does not possess the minimum qualifications.

7.02 Promotion: The Fire Chief may promote an employee to a regular position within the Department subject to the City Personnel Rules and Regulations. Temporary or acting assignments shall not be subject to those provisions.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 14 7.03 Resignation: An employee wishing to resign in good standing shall notify the Fire Chief in writing of the date of termination of employment. Such written notice shall be delivered to the Fire Chief, or his/her authorized representative, at least two calendar weeks prior to the effective date of termination.

7.04 Job Abandonment: An employee who fails to appear for work for four (4) consecutive work shifts without proper notice or authorized leave shall be deemed to have abandoned his/her position with the City. Such abandonment shall be considered a voluntary termination subject to such review and appeal as is provided by law.

7.05 Separation in Good Standing: An employee shall be deemed to have separated from City service in good standing, and shall be eligible for such benefits and rights as may accrue as a result of that status, if the employee has separated under the conditions outlined in Sections 6.00 or 7.03.

SECTION 8.00 - GRIEVANCE PROCEDURE

8.01 Definitions

8.01.1 For the purposes of this Section, a "grievance" is any dispute concerning the interpretation or application of this MOU, or appeal of a formal disciplinary action, containing the elements listed in Section 8.03.2.1. For the purpose of arbitration, a disciplinary action shall be as defined in Section 5.02.6. Complaints or disputes in which a specific review is provided for by law (i.e., OSHA, EEOC, DFEH) or by the City’s personnel rules (i.e., Other Employment, Examinations) or reserved as City rights (except as provided in Personnel Rule Sections 15.05, 15.07 and G.C.

Section 3500 et. seq.) shall not be subject to this grievance procedure.

8.01.2 Employees shall have the right to present their own grievance or do so through a representative of their own choice. Grievances may also be presented by a group of employees or by the Local. A "grievant" is any Employee adversely affected by an alleged violation of the specific provisions of a Memorandum of Understanding or a formal disciplinary action.

8.01.3 A "day" is any day in which the City Hall is open for business.

8.01.4 "Employee organization" is IAFF Local 1699.

8.02 General Provisions

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

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

8.02.3 All documents dealing with the processing of a disciplinary grievance shall be filed in the personnel file of the grievant.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 15 8.02.4 No party to a grievance shall take any reprisals against the other party to the grievance because the party participated in an orderly manner in the grievance procedure.

8.02.5 Failure of the grievant to adhere to the timelines shall cause the grievance to be considered resolved. Failure by the City to adhere to the timelines shall cause the grievance to advance to the next level. The grievant and the City may extend any time deadline by mutual agreement.

8.02.6 Every effort will be made to schedule meetings for the processing of grievances at times which will not interfere with the regular 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 to testify by the City.

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

8.02.8 Any employee may at any time present grievances to the City and have such grievances adjusted without the intervention of the Local, as long as the adjustment is reached prior to arbitration and is not inconsistent with the terms of this Memorandum of Understanding or the Rules; provided that the City shall not agree to a resolution of the grievance until the Local has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.

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

8.03 Procedure

8.03.1 Informal Resolution
An employee who has a problem or complaint shall first try to get it settled through discussion with the employee's 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 advance a grievance if not raised within such thirty (30) day period. The immediate supervisor shall respond within ten (10) days. Any decision rendered shall be consistent with the authority to do so.

8.03.2 Level I
If the employee is not satisfied with the outcome of informal resolution, the employee may initiate a formal grievance with the next level supervisor. Such formal grievance must be initiated within ten (10) days.

The supervisor shall respond to the grievance in writing within ten (10) days.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 16 8.03.2.1 Element of a Grievance
The written grievance shall include:
(a) A description of the specific grounds of the grievance 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 the reasons why the immediate supervisor's proposed resolution of the problem is unacceptable;
(e) A listing of specific actions requested by the grievant of the City which will remedy the grievance;
(f) A statement declaring self-representation or the
selection of Local representation for said grievance; and (g) The signature of the grievant.

8.03.3 Level II - Department Head
If the employee is not in agreement with the decision rendered, he/she shall have the right to file a formal written appeal to the Department Head (with a copy to the Human Resources Director) within ten (10) days after the date a decision has been rendered at Step I. The grievance shall include the elements listed in Section 8.03.2.1, and also a description why the grievant believes the decision at Level I was incorrect. The Department Head shall consider the grievance, and submit a written response within ten (10) days.

8.03.4 Level III – Human Resources Director
If the employee is not in agreement with the decision rendered by the Department Head, he/she shall have the right to file a formal written appeal to the Human Resources Director within ten (10) days after the date a decision has been rendered at Step II. The grievance shall include the elements listed in Section 8.03.2.1, and also a description why the grievant believes the decision at Level II was incorrect. The Human Resources Director shall consider the grievance, and submit a written response within ten (10) days.

8.03.5 Level IV - City Manager
If the employee is not in agreement with the decision rendered by the Human Resources Director, he/she shall have the right to file a formal written appeal to the City Manager within ten (10) days after the date a decision has been rendered at Step III. The grievance shall include the

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 17 elements listed in Section 8.03.2.1, and also a description why the grievant believes the decision at Level III was incorrect. The City Manager shall consider the grievance, and submit a written response within ten (10) days. Unless the grievance is subject to arbitration (as defined herein), the City Manager’s decision is final.

8.03.6 Level V - Arbitration
(a) If the matter is subject to arbitration as defined herein, and the grievant is not satisfied with the decision of the City Manager, the grievant may within ten (10) days of the date of the decision submit a request in writing to the Human Resources Director that the grievance be submitted to arbitration. The grievant and the City shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request that the State Conciliation Service supply a panel of five (5) names of persons experienced in hearing grievances involving public employees. Each party shall alternately strike a name until only one (1) name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot.
(b) If either the City or the grievant so requests, 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. (c) The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. A certified court reporter shall record the entire arbitration hearing unless the parties mutually agree otherwise. (d) The jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provision or provisions of the MOU.

The arbitrator shall be without power or authority to make any decision that requires the City to do an act prohibited by law. (e) After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit written findings and decision which are final and binding on all parties. (f) The fees and expenses of the arbitrator and the certified court reporter shall be shared equally by the City and the grievant, or employee organization, if the employee organization represents the grievant at the arbitration. Financial responsibility shall be confirmed prior to selection of an arbitrator. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 18 (g) This grievance procedure is the exclusive remedy to resolve disputes as described herein.

SECTION 9.00 - PAY PLAN

9.01 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 employee's supervisor, length of service, performance record, special training and/or other pertinent evidence. No salary advancements 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.

9.02 In administering the Pay Plan the following rules shall be observed.

9.02.1 Newly hired firefighters shall serve in a probationary status in the position/classification title of Firefighter Trainee or Firefighter Paramedic Trainee (Trainee) until successful completion of the basic fire academy.

Trainee shall receive a base salary of step A of the Firefighter Trainee base salary. See Section 33.06 for benefits.

9.02.2 After completing the basic fire academy, personnel shall begin their twelve (12) month probationary period and typically will be moved to the Entry Firefighter or Entry Firefighter/Paramedic (Entry Firefighter) pay range and compensated at Step “A” rate of the Entry Firefighter classification, although they may start at a higher rate, if they are unusually well qualified (such as an experienced lateral firefighter), or other conditions warrant, but only with the approval of the City Manager or designee.

9.02.3 After completing the first twelve months as a full time paid Entry Firefighter or Entry Firefighter Paramedic (as opposed to a Firefighter Trainee), and successfully passing the twelve month probation period, personnel shall typically be compensated at the Step "B" rate of the Entry Firefighter classification upon recommendation of the Fire Chief and approval of the City Manager or designee.

9.02.4 Step "A" of “Firefighter” or “Firefighter Paramedic” represents an incentive adjustment for satisfactory performance and increased effectiveness. The Entry Firefighter shall be eligible for Step "A" of the Firefighter or Firefighter/Paramedic classification after completion of one year at Step "B" of Entry Firefighter and upon recommendation of the Department Head and approval of the City Manager or designee.

9.02.5 Step "B" represents an incentive adjustment for satisfactory performance and increased effectiveness. An employee shall be eligible for Step "B" after completion of one year at Step "A" upon recommendation of the Fire Chief and approval of the City Manager or designee

9.02.6 Step "C" represents an incentive adjustment for satisfactory performance and increased effectiveness. An employee shall be eligible for Step "C"

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 19 after completion of one year at Step "B" upon recommendation of the Department Head and approval of the City Manager or designee

9.02.7 Step "D" represents an incentive adjustment for satisfactory performance and increased effectiveness. An employee shall be eligible for Step "D" after completion of one year at Step "C" upon recommendation of the Department Head and approval of the City Manager or designee.

9.02.8 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 or designee.

9.02.9 Employees who have demonstrated outstanding ability may be advanced to the next higher step prior to completion of one-year service at the current step upon recommendation of the Department Head and approval of the City Manager. Approval of an early step increase shall not affect the eligibility date for the next step.

9.03 In cases where an individual may be promoted within 45 days of a regular merit increase, the promotion increase will be based on step increase due within 45 days provided that performance merits the increase.

9.04 Salary Following Promotion
Employees receiving a promotion shall receive at least a 5% increase of base pay salary unless limited by the maximum salary range.

9.05 Overpayment/Underpayment Resolution
In the event an employee receives overpayment by the City, the employee shall reimburse the City for the total overpayment, and the City may obtain reimbursement by payroll deduction(s). 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 City Finance Director.

In the event that an employee receives underpayment by the City, the City shall reimburse the employee for the total value of the underpayment. A timeframe of payment shall be agreed upon between the City and the employee. The City shall provide a detailed explanation as to the extent of the underpayment. This explanation shall include but is not limited to: dates of underpayment, details about the amount of underpayment, amount of scheduled platoon shift hours, amount of scheduled platoon hours in pay, amount of overtime hours, amount of overtime hours in pay.

9.06 Reopener on Entry Level Classifications

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 20 The City is in the process of implementing a new Human Resources (HR) system. The parties agree to meet and confer regarding removing the Entry Firefighter and Entry Firefighter/Paramedic classifications and moving those employees to the Firefighter and Firefighter/Paramedic classifications. The parties shall begin meeting and conferring in July 2025 and any resolution must be ratified by the Union’s membership.

SECTION 10.00 – VACATION LEAVE AND CTO

10.01 The purpose of the annual vacation leave is to enable each eligible employee annually to return to his/her work mentally refreshed. All City employees shall be entitled to annual vacation leave with pay beginning at the end of their first six months in the service of the City. However, vacation credits for this probationary period will be granted to each employee from the date of his/her initial appointment.

10.02 Accumulation: Fire Department shift personnel accumulate vacation credits in proportion to other employees so that they receive an equivalent amount of vacation time off when their shift schedule is taken into account.

10.03 The vacation accrual rates set forth in Section 10.00 of the MOU, entitled Vacation Leave and CTO, shall be as follows:

10.03.01 Personnel assigned to a 24 hour shift on a 56 hour work week shall accumulate vacation hours as follows:
(a) First year through the completion of the fourth year shall earn

4.6153 hours biweekly per year. (120 hours per year)
(b) Fifth year through the completion of the ninth year shall earn

6.4615 hours biweekly per year. (168 hours per year)
(c) Tenth year through the completion of the fourteenth year shall earn 8.5153 hours biweekly per year. (224 hours per year) (d) Fifteenth year through the completion of the nineteenth year shall earn 9.2307 hours biweekly per year. (240 hours per year) (e) Twentieth year and thereafter shall earn 11.0769 hours biweekly per year. (288 hours per year)

10.03.02 Personnel assigned to a 40-hour workweek shall accumulate vacation as follows:
(a) Employee shall earn vacation credits at the rate of 3.39 hours biweekly for each full two weeks of service. (88 hours per year) (b) After completion of the fourth year of service, vacation credits for employees shall be increased to the rate of 4.9231 hours biweekly for each full two weeks of service. (128 hours per year) (c) After completion of the ninth year of service, vacation credits for employees shall be increased to the rate of 6.4615 hours biweekly for each full two weeks of service. (168 hours per year)

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 21 (d) After completion of the fourteenth year of service, vacation credits for employees shall be to the rate of 8.00 hours biweekly for each full two weeks of service. (208 hours per year)
(e) After completion of the nineteenth year of service, vacation credits for employees shall be increased to the rate of 9.5395 hours biweekly for each full two weeks of service. (248 hours per year)

10.04 Vacation Schedule

10.04.1 Vacation selection shall occur by seniority (time of employment) on each platoon.

10.04.2 There may not be more than two (2) members on vacation on any scheduled work shift.

10.04.3 No vacation selection shall be approved when such selection will cause shift staffing to drop below the established minimum and which will thereby create a need for overtime coverage. This standard shall be applied at the time the vacation shift is requested.

10.04.4 Vacation selection shall occur and be concluded by December 31 of each year. Employees may change vacation dates with the approval of the Department.

10.04.5 Each round of vacation selection shall include the identification of a single shift or a group of continuous shifts by each member, chosen by order of seniority, until all vacation periods are chosen.

10.04.6 In the event an individual cancels a scheduled vacation period or day, notification of the employee’s intent to cancel their vacation must occur at least 24 hours prior to the beginning of that leave. Employees who fail to provide such notice at least 24 hours prior to the beginning of that leave cannot report to duty for the shift(s) that they were scheduled for vacation on and their vacation hours will be used for that scheduled vacation period or day. The Battalion Chief shall make every reasonable effort to notify all shift members of the cancellation. Those days shall then be available for the assignment on the basis of seniority, with the most senior member of the shift given first choice to schedule those additional days of vacation.

10.04.7 Scheduled vacation shall include all shifts that are selected during the formal annual vacation assignment process. Unscheduled vacation shifts may be approved following the formal process for any remaining shifts where less than two members have approved vacation leave and when such additional vacation shifts will not diminish shift staffing below the established minimum.

10.04.8 Seniority (time of employment) shall prevail concerning vacation selection for Sections 10.04.4 and 10.04.7 only at the time of request. Senior personnel may not bump other personnel from a requested day once the day has been scheduled.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 22 10.05 Vacation Carryover:

In the event an employee's accumulated vacation credit exceeds 480 hours (20 shifts for shift employees) on the last day of the pay period that includes June 1st, City shall pay the employee the value of said excess so that he or she does not carryover vacation amounts in excess of 480 hours from year-to-year.

10.06 Payout Upon Separation: Upon separation, an employee shall be entitled to compensation for all accrued vacation leave.

10.07 Vacation Cashout for Existing Employee’s “IRS Constructive Receipt”:

Prior to December 23rd each calendar year, an employee may elect in writing, on an “Irrevocable Vacation to Cash-Out Election Form” to be provided by the City, to cashout their vacation hours for the following calendar year or to deposit the vacation cashout for the following calendar year directly into their 457(b) account.

To be effective, the employee's written notice must be received by the Director of Human Resources or designee no later than December 23rd . The amount of vacation hours requested to be cashed out in the following calendar year may not exceed 56 hours, provided that those employees with accrued vacation leave balances exceeding 168 hours may elect to cash out a maximum of 112 hours per calendar year. The number of vacation hours must have already been earned before it may be cashed out. The dates available for vacation cash-out, which shall be set forth on the form provided by the City, shall be in March, June and September and December each year.

Example: To request to cash out 56 hours in the year 2020. The form must be submitted to HR by December 23, 2019. The vacation hours requesting to be cashed out in 2020 must be accrued in the year of 2020, these vacation hours cannot be hours that have already been earned in prior calendar years. Employees will need to estimate their accruals to determine when the vacation hours will be available to cash out.

It is understood that an employee using vacation shall always use vacation earned in prior years first before using vacation earned in the current year.

This provision shall have no effect on an employee's right to cash out all his or her accrued vacation at the time of the employee's separation/retirement from City employment.

10.08 Vacation and CTO for 24-hour shift personnel shall be scheduled and taken in at least twelve (12) hour increments. The increment of vacation or CTO used by personnel may be adjusted with prior approval of the Fire Chief.

10.09 Only one employee may be off duty on CTO during any shift. Employees may schedule CTO in advance no more than forty-five (45) days in advance of the requested time off. Employees must have sufficient CTO banked at the time of their request for time off to cover the leave period requested.

CTO shall not be scheduled or allowed when implementation of CTO will create a need for overtime to maintain minimum staffing levels at the time of the request.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 23 If two or more employees request CTO for the same day, during the same 24 hours period, seniority (date of permanent hire) shall determine who is granted CTO.

The Union and the City agree that these CTO limitations are necessary to avoid undue disruption in the day-to-day operations of the Fire Department.

SECTION 11.00 - SICK LEAVE

11.01 All full-time employees shall be granted paid sick leave credits beginning with date of original employment at the rate of one work day for each calendar month of municipal service. Employees become eligible to take accrued sick leave upon completion of one full month of continuous service. Sick leave shall not be considered as a benefit which an employee may use.

11.01.1 Sick leave which is required after the employee reports to duty may be initiated as needed but must last for the remainder of the shift. An employee may not leave and return under these circumstances.

11.02 Fire Department shift personnel shall accrue sick leave at the rate of one 24-hour shift per month. Personnel assigned to a 40-hour workweek shall accrue sick leave at the rate of 3.6923 hours for each two full weeks of service. Sick leave accrual shall be unlimited.

11.03 Sick leave usage shall be allowed only in case of actual personal sickness or disability, medical or dental treatment, or for any of the following purposes: (1) diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member; or (2) for an employee who is a victim of domestic violence, sexual assault, or stalking, to: (A) obtain or attempt to obtain a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their child; (B) seek medical attention for injuries caused by crime or abuse; (C) obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse; (D) obtain psychological counseling or mental health services related to an experience of crime or abuse; or (E) participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation. The term “family member” as used in this section shall have the meaning set forth in California Labor Code Section 245.5(c).

11.04 To use sick leave, employees working a 24 hour shift shall call the Duty Chief at Station 1 prior to 7:00 a.m. and request sick leave. Employees assigned to a 40 hour shift shall call the Fire Marshall/Battalion Chief or designee prior to the beginning of the work day. The employee shall in his or her requesting call state:

11.04.1 The nature of the illness;

11.04.2 The expected duration of illness;

11.04.3 Whether the condition is being treated by a physician;

11.04.4 Where the employee may be contacted.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 24 11.05 Any employee who has been absent for more than two (2) consecutive tours may be required without cause to provide a doctor’s certificate if requested by the Fire Chief.

The cost of the doctor's certificate, if any, shall be paid by the employee.

11.06 A doctor's certificate shall:

11.06.1 Be signed by a medical doctor;

11.06.2 State when the employee may return to work;

11.06.3 State the date the employee was examined; and

11.06.4 Indicate that the illness or injury makes the employee unable to work, and/or, if the employee is able to work, specify any limitations on the ability to perform the essential functions of the job.

11.07 Personnel assigned to a 40-hour workweek who use more than 40 hours of sick leave shall be requested to submit a doctor’s certificate authorizing such leave and indicating the nature of the illness or injury. The cost of the doctor's certificate, if any, shall be paid by the employee.

11.08 Unless an illness or injury is compensable under the Worker's Compensation Law, an ill or injured employee will have absent time charged to their available sick leave or accrued vacation pay until a determination is made that the illness or injury is compensable under the Worker's Compensation law. If available sick leave and vacation pay are insufficient or exhausted, absent time will be deemed to be leave without pay pending a determination that the illness or injury is compensable under the Worker's Compensation Law.

For the purposes of Subsection 11.06 only, compensability may be determined by the City Manager or designee upon the prompt filing of a supervisor's report, medical reports, if required and other satisfactory evidence. Any determination hereunder is tentative and without prejudice to the right of the City to contest the claim.

11.09 Upon separation from the City (not including retirement), except when an employee is terminated for just cause, the City shall pay the separating employee who has at least five (5) years of service, for unused accrued sick leave. The amount paid shall be equal to 2.5% per year of service for unused accrued sick leave. The payout formula shall be 2.5% x years of service x highest hourly rate x sick leave hours accrued. Employees with less than five (5) years of service are not entitled to compensation for unused sick leave under this Section upon separation. Shift personnel shall first have their accrued sick leave converted by a factor of 1 to 3 and hourly rate converted by a factor of 1.4 to 1.

11.09.1 Employees hired after January 1, 1995, who are separating from the City with at least five (5) years of service and are not being terminated for just cause shall be paid for unused sick leave, after their sick leave hours have been converted as described in Sections 11.09 using the following formula:

11.09.2 After completion of the fourth year: 0.25% per year x hourly rate x accrued sick leave hours.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 25 11.09.3 After completion of the ninth year: 0.50% per year x hourly rate x accrued sick leave hours.

11.09.4 After completion of the fourteenth year: 0.75% per year x hourly rate x accrued sick leave hours.

11.09.5 After completion of the nineteenth year: 1.0% per year x hourly rate x accrued sick leave hours.

11.10 Sick leave cash out for Existing Employee’s “IRS Constructive Receipt”: Prior to December 23rd each calendar year, an employee may elect in writing, on an “Irrevocable Sick leave to Cash-out Election Form” to be provided by the City, to cashout their sick leave for the following calendar year or to deposit the sick leave cashout for the following calendar year directly into their 457(b) account. To be effective, the employee’s written notice must be received by the Director of Human Resources or designee no later than December 23rd. Per the aforementioned each calendar year, an employee with five (5) years or more of service may elect to cash out accrued sick leave. The payout shall be in accordance with the formulas outlined in Section 11.09 for personnel hired prior to January 1, 1995 and in Sections 11.09-1 – 11.09.5 for personnel hired after January 1, 1995. The maximum amount shall not exceed 50% of an employee’s balance. All personnel shall maintain a balance of at least 240 hours.

SECTION 12.00 - MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State 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.

SECTION 13.00 - LEAVE OF ABSENCE

13.01 The Human Resources Director may grant a permanent employee leave of absence without pay not to exceed one year. Leave shall be considered upon written request of the Employee.

13.01.1 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.

13.01.2 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.

13.01.3 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

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 26 time employed or seniority entitlements of any kind) for the period of such status, unless covered by FMLA/CFRA. 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.

13.01.4 The City Manager may authorize medical benefits for an employee on leave without pay status in extraordinary circumstances and in the interests of the City. Said benefit shall not be granted in routine circumstances.

13.02 The Department Head shall have the authority to approve an unpaid leave not to exceed four (4) weeks.

13.03 Upon expiration of the regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated to the position formerly occupied at the time leave was granted, (at the same step of the appropriate pay range), provided the employee does not have any disability or condition at the time of reinstatement which would prevent the employee from performing the duties of the position. Failure on the part of an employee on leave to report to duty on the date and time that leave terminates shall be just cause for discharge.

13.04 Nothing herein shall preclude an employee from waiving in writing the right to reinstatement as a condition to approval for a leave of absence. An employee who waives the right may request reinstatement in accordance with the City's Personnel Rules & Regulations.

SECTION 14.00 - JURY LEAVE

14.01 An employee, when called to serve on a jury, shall be given leave with pay to do so subject to these conditions:

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

14.01.2 Any payment received by the employee for serving on the jury shall be remitted to the City, except for mileage allowance and fees collected while on a day off.

14.01.3 Any employee selected for jury duty who has been released from jury duty for the day, and is required to return to jury duty the following day, shall not be required to return to Fire Department duty for the remainder of the shift.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 27 SECTION 15.00 - FAMILY LEAVE

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

15.01.1 Immediate family is defined to include: mother, mother-in-law, father, father-in-law, spouse, Domestic partner, brother, sister, son, daughter, or grandparent, grandchildren, and adoptive parents and children whether the immediate family is of the employee’s or employee’s spouse’s family.

15.01.2 The use of family leave shall be limited to 72 hours per calendar year, unless a greater amount is required by Labor Code Section 233.

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

15.01.4 For the purposes of Section 11.00, Family Leave usage shall not be viewed or counted as sick leave usage.

15.02 Employees may take up to four months unpaid family or medical leave within a 24- month period for the following:

15.02.1 Birth of a child, adoption of a child, serious illness of a child, parent or spouse of an employee as well as the employee.

15.02.2 The City will continue the same contributions towards medical insurance premiums as during active employment during the first four months.

After that the employee can elect to continue benefits at his/her own expense for up to an additional 18 months.

15.02.3 Upon return, the employee shall be reinstated to the position formerly occupied at the time leave was granted, (at the same step of the appropriate pay range), provided the employee does not have any disability or condition at the time of reinstatement which would prevent the employee from performing the duties of the position.

15.03 Any personnel requesting family leave between 2000 hours and 0800 hours shall be required to take the entire twelve (12) hours as leave. Personnel who have taken family leave may not return to duty later than 2000 hours. These restrictions are subject to exceptions at the discretion of the Fire Chief or his designee.

15.04 Each employee shall be allowed to use 72 hours of sick leave per calendar year for the birth or adoption of a child. Paid sick leave is available in connection with maternity leave only when the employee is ill or incapacitated as certified by an appropriate doctor’s certificate. The City will follow all applicable requirements under the FMLA and CFRA with respect to maternity leaves. Following the birth of a child, employees may utilize paid CTO and vacation leave balances for at least one calendar month as follows: employees shall first exhaust accrued but unused comp time followed by available vacation balance. Employees shall coordinate with the City’s Human Resources Department to ensure HR administrative procedures are observed with respect

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 28 SECTION 16.00 - COMPASSIONATE LEAVE

16.01 The City agrees to provide compassionate leave when death occurs to a member of the employee's immediate family not to exceed one work week (56 hours).

16.01.1 Immediate family is defined to include: mother, mother-in-law, father, father-in-law, spouse, domestic partner, brother, sister, son, daughter or grandparent, grandchild and adoptive parents or children whether the immediate family is of the employee's or employee's spouse's family.

16.01.2 Salary paid during this leave is not deducted from any leave balance.

16.01.3 Additional leave may be granted in special circumstances by the City Manager or their designee. An employee taking such additional leave may use vacation leave, CTO, or sick leave. An employee taking such additional leave may request leave donations of time to supplement their leave bank in accordance with the City’s Catastrophic Leave Donation Program (Policy No. 3.6.1), however, employees may request leave donations prior to exhausting leave banks.

16.01.4 Compassionate leave, which is required after the employee reports to duty may be initiated as needed, but must last for the remainder of the shift.

An employee may not leave and return under these circumstances.

16.01.5 Within one week after an employee’s return from compassionate leave, upon request, the employee shall submit some satisfactory proof that a death in the family occurred.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 29 SECTION 17.00 OVERTIME

17.01 Non-Exempt Classifications
The following classifications are regularly scheduled to work one hundred and ninety two (192) hours in a twenty-four (24) day work period, or forty (40) hours in a seven day period, and are deemed non-exempt from contractual and statutory overtime as set forth in this section:
• Firefighter
• Fire Engineer
• Firefighter/Paramedic
• Fire Engineer/Paramedic
• Fire Captain
• Fire Battalion Chief
• Entry Firefighter
• Entry Firefighter/Paramedic
• Fire Captain 40-hour
• Fire Battalion Chief 40-hour
• Fire Prevention Inspector
• Hazardous Materials Inspector
• Fire Protection Engineer

17.02 Contract Overtime
Bargaining unit members in the non-exempt classifications listed above, shall be paid overtime for the time worked in excess of the employee’s regular shift or for hours worked on a regularly scheduled day off. The rate of pay for overtime shall be time and one half the employee’s base rate of pay plus all applicable special pays listed in section 17.06 below.

The Local agrees that an employee who works less than eight (8) minutes beyond their normal work hours shall not receive overtime. Overtime shall be based on staffing and service needs as determined by management. Distribution of overtime assignments will be done as equitably as feasible.

It is mutually understood and agreed that the assignment of overtime work by the City is necessary for the provisions of emergency services and as such, the assignment of overtime is at the discretion of the City taking into consideration the needs of the employee.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 30 Special assignments that require travel for department approved training or other associated non-emergency assignments in which the employee is working a 40 hour work week will be compensated for hours worked, however, any time spent in excess of the employee’s regular shift or on a regularly scheduled day off shall be compensated at the overtime rate.

17.03 Statutory Overtime
For the purpose of calculating overtime pursuant to the requirements of the Fair Labor Standards Act (“FLSA”), the City has declared a twenty-four (24) day work period for all bargaining unit classifications eligible for the partial overtime exemption under section 207(k) of the FLSA. The work period commences at 12:01 am and ends at 11:59 pm, twenty four days later. For non-exempt employees regularly assigned to work forty (40) hours in a seven day period, the FLSA 207(k) overtime threshold is hours actually worked in excess of two hundred and twelve (212) in a twenty-eight (28) day work period. The rate of pay for overtime shall be time and one half the employee’s base rate of pay plus all applicable special pays listed in section 17.06 below.

17.04 Dual Calculation to Determine Statutory Overtime Owed Notwithstanding the contact overtime provisions outlined above, the City has adopted a dual calculation method whereby it calculates FLSA overtime in accordance with the requirements of the FLSA. This requires the payment of FLSA overtime for all hours actually worked by non-exempt employees in excess of one hundred and eighty two (182) in the twenty-four (24) day work period and for all other non-exempt employees in excess of two hundred and twelve (212) in the twenty-eight (28) day work period. To the extent the City’s dual calculation method determines that FLSA overtime owed for the 24 or 28 day work period exceeds the amount of contract overtime paid pursuant to this section for the same 24 or 28 day work period, the difference will be paid to the employee in the following pay period by way of an “FLSA Adjustment”.

17.05 In lieu of receiving overtime pay, employees shall be entitled to elect at the time the overtime is worked to receive compensatory time off at the rate of time and one half.

17.06 Regular Rate of Pay for Calculation of Contract and Statutory Overtime For the purpose of calculating overtime as defined in this section, the following listed special pays and compensation will be added to the employee’s base hourly rate of pay to arrive at the employee’s overtime rate of pay:

1. Holiday-in-Lieu

2. Longevity

3. Bilingual Pay

4. Hazardous Material

5. Paramedic Incentive

6. Fire Premium Pay

7. Work-out-of-class Pay

8. Special Assignment Pay

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 31 17.07 Premium Pays

17.07.1 Emergency Call Back:

A minimum of two (2) hours pay or its equivalent in compensatory time off to be taken at the convenience of the City shall be guaranteed for any employee, at the rate of time and one-half the employee’s base rate of pay plus all applicable special pays listed in section 17.06 above, who after leaving his/her place of duty is required without prior notice to return for emergency duties.

A minimum of three (3) hours pay or its equivalent in compensatory time off to be taken at the convenience of the City shall be guaranteed for any employee, at the rate of time and one-half the employee’s base rate of pay plus all applicable special pays listed in section 17.06 above, who after leaving his/her place of duty is required without prior notice to return for emergency duties between the hours of 2200 and 0500 am.

17.07.2 Emergency Call Back (40-hour workweek personnel):

A minimum of three (3) hours pay or its equivalent in compensatory time off to be taken at the convenience of the City shall be guaranteed for any employee, at the rate of time and one-half the employee’s base rate of pay plus all applicable special pays listed in section 17.06 above, who after leaving his/her place of duty is required without prior notice to return for emergency duties.

A minimum of four (4) hours pay or its equivalent in compensatory time off to be taken at the convenience of the City shall be guaranteed for any employee, at the rate of time and one-half the employee’s base rate of pay plus all applicable special pays listed in section 17.06 above, who after leaving his/her place of duty is required without prior notice to return for emergency duties between the hours of 2100 and 0600.

17.07.3 Court Testimony: Fire personnel, when required to give court testimony off duty regarding City business shall receive time and one-half the employee’s base rate plus all applicable special pays listed in section 17.06 above, which will be paid for the actual time spent in court and including travel time from Station 1.

17.07.4 For the purpose of this Section, overtime payment shall be calculated on an hourly rate derived from the monthly salary being paid to the employee earning the overtime on the date worked.

17.07.5 The overtime rate of pay is defined as base pay plus all special pays listed in section 17.06 above, provided that the employee earning the overtime is entitled to such special pay by the terms and conditions of this Memorandum of Understanding.

17.07.6 The use of leave (sick, vacation, etc.) shall only affect FLSA overtime.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 32 17.08 Compensatory Time Off

17.08.1 Employees assigned to a 24-hour shift duty may accrue up to 120 hours of compensatory time off (CTO) in lieu of overtime pay, with a maximum carryover of 80 hours per calendar year. CTO may be scheduled, subject to Section 10.09 of this MOU. For 24 hour shift employees, accrued CTO over eighty (80) hours which is not used by the last day of the pay period that includes June 1st, shall be paid off at the current rate applicable in that pay period which includes all applicable special pays identified in section 17.06.

Employees assigned to a 40-hour work schedule may accrue up to 120 hours per year, and may carry over up to 120 hours each calendar year.

For 40 hour personnel, accrued CTO over 120 hours which is not used by the last day of the pay period that includes June 1st shall be paid off at the current rate applicable in that pay period which includes all applicable special pays identified in section 17.06.

Personnel may cash out additional CTO (i.e., reduce their CTO balances below the applicable cap – i.e., 80 or 120 hours).

Upon separation/retirement from City employment, the City shall cashout all accrued CTO hours to the employee.

SECTION 18.00 - HOLIDAYS

18.01 The following are the holidays observed by 40-hour and 56-hour employees:

1. January 1 (New Year’s Day)

2. Third Monday in January (observation of Martin Luther King Jr.'s birthday)

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

4. March 31 (Cesar Chavez Day)

5. Last Monday in May (observance of Memorial Day

6. July 4 (Independence Day)

7. First Monday in September (Labor Day)

8. November 11 (Veteran's Day)

9. Thanksgiving Day

10. The Day After Thanksgiving

11. Christmas Eve (to be observed the last working day prior to Christmas)

12. December 25 (Christmas Day)

13. One Floating Holiday for 40-hour personnel.

14. In the event the holiday falls on Sunday the following Monday will be the holiday instead.

15. In the event the holiday falls on Saturday the preceding Friday will be the holiday instead.

16. Any other holiday declared by the City Council as a paid City holiday for City employees.

18.01.1 Personnel assigned to a 4/10 schedule shall be allowed eight (8) hours for any City holiday. The remaining hours of leave shall be taken from the employee’s vacation or CTO balance.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 33 18.02 It shall be the policy of the Fire Department to allow employees who are required to work on recognized City holidays, as defined in Section 18.01, to reduce work activities provided that minimum levels of equipment and facilities maintenance are maintained and emergency response duties are not impaired. This Section shall not apply to special program assignments that may be required to be performed on that day. The intent of this Section is to allow those on-duty employees reasonable enjoyment of the holiday within the context of their duties as public safety employees.

18.03 Job classifications of Battalion Chief, Fire Captain, Engineer, Engineer - Paramedic, Firefighter-Paramedic and Firefighter shall be paid six percent (6%) over and above base pay as they are scheduled to work without regard for the above listed holidays.

SECTION 19.00 – TRAINING / TRAINING RELEASE TIME

19.01 Intent: It is the intent of the City to recognize the future growth of the City and its employees and to adopt a training policy which will encourage employees to avail themselves of job-related educational opportunities that will advance their knowledge and interests in the direction of their career with the City; and by so doing to improve the municipal service. This is with the realization that such a policy must be within the financial ability of the City, that the work for which an employee was appointed must be given first preference and that the City does not intend to expend training funds for the primary purpose of enabling an employee to secure a position with other agencies or firms;

19.02 Responsibility: Responsibility for developing training programs for employees shall be assumed jointly by the City Manager and department head. Such training programs may include college or university courses, lectures, demonstrations, assignment of reading matter or such other devices as may be available;

19.03 General Provisions:

19.03.1 Preparation for classes is to be on the employee's own time.

19.03.2 Only full-time employees shall be eligible for reimbursement of training costs.

19.03.3 To be eligible for reimbursement, employee must have received advance written recommendation by his department head and approval by the City Manager or designee.

19.03.4 Reimbursement to an employee of the registration cost of such course shall be predicated upon the successful completion of the course by said employee.

19.03.5 Participation in and successful completion of special training courses may be considered in making advancements and promotions. Evidence of such training must be submitted by the employee for filing in his/her personnel file.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 34 19.03.6 Mileage at the then current city schedule from an employee's residence or place of work, whichever is closer, may be paid if:

1. A Training Request is completed; and

2. The Fire Chief approves the Travel Request and mode of transportation (private car, car pool, City car, etc.).

19.04 Education:

19.04.1 The City of Milpitas will provide a tuition reimbursement program for educational activities (which may include educational activities such as lectures, symposiums or seminars), which are job related and approved in advance by the Chief and the Human Resources Director. The amount of the fund shall not exceed the amount budgeted for this purpose. Any eligible employee whose regular assignment is less than full-time is entitled to the benefits of this section on a pro-rata basis (i.e. reimbursement under this Section for an employee who works ½ time would be 50% of the benefit provided to eligible full-time employees under this Section.). Except as provided in section 19.04.2, individual full-time employees are subject to a total reimbursement of $2,000 (approximately the amount of tuition and registration costs for two semesters/6 units each at San Jose State University) plus books required by the reimbursed course, per fiscal year. Reimbursement is subject to the guidelines outlined in the Tuition Reimbursement S.O.P.

19.04.2 For employees who achieve a degree through an accelerated degree program, the employees may continue to receive reimbursement after achieving their degree, up to a maximum amount of $10,000. For example, if an employee achieves a degree through an accelerated program in two years, and the degree would otherwise have taken 5 years to achieve, the employee may receive reimbursement for $2000 each year for five years. In order to be eligible, all of the following requirements must be met:
(a) The employee must remain employed by the City, and be employed on the last day of the fiscal year during which the employee receives reimbursement.
(b) In the event employment is terminated, all future payment obligations under this section cease.
(c) The employee must provide receipts and otherwise meet the terms of the City’s tuition reimbursement policy.
(d) The employee must demonstrate that the accelerated program resulted in achieving a degree, which would otherwise have met the reimbursement requirements.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 35 19.05 Educational Release Time/Educational Leave

19.05.1 Definitions:

Educational Release Time: When an employee is released from duty to attend an approved training or educational event and returns to duty on the same day of the event.

Educational Leave: When an employee attends an approved training or educational event at a remote location and is not expected to return to duty on the day (or days) of the event.

Assigned Training: Those training and educational events which are intended to address a specific department need and are assigned by the department administration. These events are not governed by the guidelines of this policy. It is understood that these training opportunities can be of benefit to an individual in career development. Therefore every effort will be made to ensure that such opportunities are distributed throughout the department to the extent practical.

19.05.2 In order to ensure return to duty in a timely fashion, educational release time will be granted only for events occurring in Monterey, Santa Cruz, San Mateo, San Francisco, Alameda, Contra Costa, Stanislaus, Solano, San Benito and Santa Clara Counties. It shall be the responsibility of the individual on release time to provide transportation.

19.05.3 Educational release time or educational leave shall only be granted for line personnel when staffing levels are above normal and may be canceled at any time as a result of an unanticipated drop in staffing below normal, or in event of emergency response or critical department business requiring the presence of the individual requesting the release time.

Critical department business refers to activities which require the presence of the specific individual and which cannot be rescheduled or carried out by someone else.

19.05.4 The granting of educational release time or educational leave for individuals on staff assignment, or for Fire Prevention Bureau personnel shall be based on the impact such absence from duty will have on assigned duties and service to the public and will not be impacted by shift staffing levels.

19.05.5 Educational release time or educational leave requests may be granted only for approved events which shall include: Certification classes sponsored by the State Fire Marshal's Office (CFSTES), technical fire service workshops sponsored by the State Fire Marshal's Office, California Fire Chiefs' Assn., League of California Cities, or a regularly constituted Fire Agency or agencies or associations which are generally recognized by the Fire Service professional community (e.g., Individual fire department, NFPA, IAFC, IAFF); or for courses presented by a Community College which are directly related to the fire service (including Fire Science and Technology, Emergency Medical Service,

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 36 Hazardous and Toxic Materials, Emergency Management and Disaster Response, Public Fire and Life Safety Education, Inspection and Code Compliance, Fire Investigation, or Foreign Language courses designed to develop or maintain language skills for field emergency communication).

Educational release time or educational leave are not available for such workshops or conventions that are clearly intended for labor issues or purely for social purposes.

19.05.6 Educational release time is provided in recognition of the scheduling difficulty presented by the shift firefighters' work schedule. It is not intended to relieve the employee of the responsibility to make every reasonable effort to complete her or his personal educational and training goals on her or his own time.

19.05.7 Educational leave is provided to allow fire department employees to attend training sessions and workshops which are held at a remote site and require the employee to travel a great distance to attend. Except as noted below, or as outlined in City procedures or the current M.O.U., the granting of educational leave shall include only the time required to attend and travel to and from the event. Registration, tuition, supplies, meals, lodging, etc. are not included.

19.05.8 The amount of release time or leave per individual shift employee shall be limited as follows:
- One college course per semester or quarter or,
- Four California Fire Academy Certification Courses per year or, - One approved workshop or seminar of two days or more per year or, - Two approved workshops or seminars of one day or less per year.

Additional educational efforts shall be the responsibility of the individual to accommodate on their own time or through the use of approved vacation leave or shift trades.

19.05.9 In the event of multiple requests for release time which are for similar periods of time, the release time will be rotated equally between the requesting individuals, beginning with the most senior.

19.05.10 The Department will also sponsor one or more qualified member(s) to attend the bi-annual Redmonds Symposium on Fire Fighter safety. The sponsorship shall include leave time, registration, transportation to and from the conference, meals and lodging. Selection for attendance at such symposium shall be made by the Chief or his/her designee, after receiving a recommendation, if any, from the Local.

19.05.11 Educational leave requests shall be accompanied by the normal City travel request and shall be forwarded for review and approval at least 45 days in advance of the event.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 37 19.05.12 For purposes of this MOU Section, normal daily staffing levels shall be as defined in Section 21.04.1.

19.05.13 There shall be no out of state travel provided by the City unless it has been approved by the City Council pursuant to applicable resolutions or ordinances.

19.05.14 This policy applies to members of Local 1699, it is not intended to apply to department executive and command staff members. Travel and training rules for management personnel shall be determined exclusively by the Fire Chief and City Manager.

19.06 The parties recognize the importance of continuing education and professional development for Local 1699 members. The parties agree to meet and confer on revising Section 19 of this MOU to reflect the shared objective of promoting continued education and professional development. The parties shall begin meeting and conferring in January 2025 and any resolution must be ratified by the membership.

SECTION 20.00 - ATTENDANCE

20.01 Employees shall be in attendance at their work in accordance with the provisions of this Memorandum of Understanding regarding hours of work, holidays and leaves.

20.01.1 An employee whose absence is not authorized will not receive pay or benefits for the absent period and shall be subject to discipline. Failure on the part of an employee absent without leave to return to duty shall be (without notice) grounds for discharge. It shall be the responsibility of an employee absent without leave to promptly notify the Duty Chief of the reason the employee is absent and of the employee's availability for duty.

20.01.2 An unauthorized absence up to four hours is considered tardy and an unauthorized absence beyond four hours is considered absent without leave. Both are subject to disciplinary action.

20.01.3 An employee who fails to appear for work for two (2) consecutive work tours without proper notice or authorized leave shall be deemed to have abandoned his or her position with the City. (M.O.U. Section 7.04)

20.02 Fire Suppression personnel shall work a 3-platoon, 48-hour period, comprised of two consecutive 24-hour shifts. The 24- hour shift shall commence at a designated time and continue through the following day. Each 24-hour shift is considered to be separate for purposes of leave requests. Fire Suppression personnel shall work a 56-hour average workweek. This work schedule shall continue during the term of this agreement unless mutually changed by both parties.

20.03 Personnel assigned to a 40 hour work week shall be scheduled in accordance with Section 37.

20.04 Upon recommendation of a physician, employees with medical work restrictions may be assigned to light duty (in lieu of Labor Code 4850 Time) on a 40-hour work week at the discretion of the Fire Chief or their designee.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 38 20.04.1 An employee who elects not to accept light duty assignment will have sick leave deducted on the basis of the employee's 24 hour work schedule in accordance with Section 11.01 of the Memorandum of Understanding.

20.04.2 An employee who accepts light duty assignment, and while on light duty assignment, is absent with authorization, shall have leave deducted in accordance with Section 11 of the Memorandum of Understanding.

SECTION 21.00 - STAFFING

21.01 The staffing requirements shall be as set forth in this Section 21.01, including subsections.

21.01.1 The City agrees to maintain normal daily staffing at each fire station with one in-service engine company which shall be staffed with at least three (3) personnel, including at least one licensed and accredited paramedic.

Each engine company shall normally be comprised of one fire captain, one fire engineer and one firefighter. The truck company shall normally be comprised of one fire Captain, two fire Engineers with Tiller Operator (TO) qualifications and one firefighter with one member being a licensed and accredited paramedic. The Rescue Medic Ambulance company shall normally be comprised of two firefighters with one being a licensed and accredited paramedic. For the purposes of this Section, individual secondary engines, patrol units, water tenders, squads and similar vehicles which are operated in conjunction with the primary engine or truck shall be considered as an integral part of that primary company.

21.01.2 No primary emergency response engine company shall be comprised of fewer than three (3) personnel. No primary emergency response truck company shall be comprised of fewer than four (4) personnel. No primary emergency response rescue medic ambulance company shall be comprised of fewer than two (2) personnel.

21.01.3 Each in-service engine and truck company shall be operated by an Engineer. Each in-service truck company shall be operated by an Engineer with Tiller Operator qualifications. An engineer need not be assigned to operate auxiliary or reserve equipment.

21.02 It is understood that for brief periods of time, companies with auxiliary equipment may be split due to emergency deployment.

21.03 If relief positions are not existing or unavailable, acting positions may be utilized.

21.03.1 If overtime is required to meet the numerical staffing requirements, the vacant positions will first be offered to the corresponding overtime list.

21.04 Staffing Levels

21.04.1 It shall be understood that for the purposes of this MOU, normal shift staffing shall be established at nineteen (19) (18 Firefighters and 1 Battalion Chief) in four stations. The City agrees to maintain 57

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 39 (19+19+19) personnel and increase daily ALS staffing to include the truck company and rescue medic ambulance (ALS X 6).

21.04.2 When staffing is at the normal level or above, personnel shall be assigned to apparatus as follows:

Battalion 86 – One (1) personnel
Engine 86 - three (3) personnel
Truck 86 four (4) personnel
Rescue Medic Ambulance 86 – two (2) personnel
Engine 87 - three (3) personnel
Engine 88 - three (3) personnel
Engine 89 - three (3) personnel
Any additional personnel: Assignment to be determined by the Fire Chief.

SECTION 22.00 – ACTING OUT OF CLASS

22.01 When required, all personnel are subject to and shall accept assignment to act at a higher rank at the discretion of the Department Head. The ranks of Fire Engineer, Fire Captain and Battalion Chief can be filled with out of class personnel in accordance with Procedure 1000. Out of class personnel can be used in lieu of promoted personnel and shall act in the same capacity. Provided, however, that upon ten days prior written notice to the Fire Chief, an employee may elect not to be assigned to a higher rank, specifying the employee’s reasons. Thereafter, and except in an emergency, said employee shall not be assigned to, or not be eligible for assignment to act, at a higher rank unless and until the following three requirements are met:

22.01.1 Two calendar years have expired

22.01.2 The employee requests assignment in writing; and

22.01.3 The employee demonstrates that the reasons for his original request no longer apply.

22.02 When so assigned, employees will be compensated out of class pay for the period of the assignment to the higher class.

22.03 Employees who are required to work in a higher classification on a temporary basis shall receive out of class pay equal to ten (10%) of their basic hourly rate in addition to their regular pay for all hours worked in a higher classification.

SECTION 23.00 - STATION ASSIGNMENT

23.01 Current station and platoon assignments are permanent and subject to the following conditions.

23.02 Permanent vacancies shall be filled by the Fire Chief. Priority consideration shall be given to:

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 40 23.02.1 Seniority in Rank.

23.02.2 Employee preferences.

23.02.3 Operational needs and training objectives as determined by the Fire Chief.

23.02.4 Good of the service as defined in 23.03 below.

23.03 Administrative platoon or station assignments for the good of the service may be made by the Fire Chief after discussion with individual(s) involved. The Local shall be notified by the Fire Chief prior to the transfer. The good of the service shall include:

1. Personality conflicts.

2. Disciplinary.

3. Balancing platoons.

4. Employee request for personal reasons.

23.04 In the event an individual is deemed to require special or similar rehabilitation, that individual may be temporarily reassigned to another station assignment, provided that adequate documentation is presented to confirm the need for the special assignment. This documentation shall include identification of specific deficiency(ies) in job performance. The duration of the assignment shall be determined by the Fire Chief with the advice of the affected supervisor and shift Battalion Chief. The Deputy Chief and the Training Battalion Chief shall work collaboratively to develop a work improvement plan regarding any deficiencies in work performance. Specific performance/training objectives shall be identified and provided to the affected employee prior to this assignment.

23.05 Personnel may be subject to temporary platoon or station reassignment by the Fire Chief to accommodate long-term vacancies.

23.05.1 Every effort will be made and in reasonable time to open the vacant position to volunteers for movement. At least four (4) calendar days prior to the intended date of reassignment, the Fire Chief or their designee shall send an email to all employees which identifies the position of vacancy, the estimated time frame of reassignment, and the date which the employee must respond by. Employees shall be provided at least four (4) calendar days to respond to said email. The Fire Chief shall reassign a volunteer to accommodate the long-term vacancy in accordance with Sections 23.05.2 and 23.05.3 of this MOU so long as the volunteer is qualified for the reassignment.

23.05.2 Temporary reassignments and balancing of platoons will be made based on seniority in rank and the classification of the vacant long-term position with low seniority being transferred after consulting with the individual involved and notification to the Local prior to the transfer.

23.05.3 Persons receiving temporary reassignments or transfers shall return to last previous assignment upon completion of temporary reassignments or transfers.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 41 23.06 Entry level personnel on probation are assigned at the Fire Chief's discretion.

23.07 All transfer requests shall be subject to the final approval of the Fire Chief.

23.08 Bid Process

23.08.1 Personnel shall be assigned to an individual station and company using the bid process as follows:

23.08.2 Bidding for station and company assignments may be initiated among personnel every two (2) years upon a written request from the Union’s Executive Board. By the end of August of each year, the Union will vote to decide if a bid will commence for the following year. If a bid has been so approved, the bid will be held at the end of September of that year.

23.08.3 Bidding shall occur first by rank then by time in grade seniority. The order of bidding shall be Battalion Chiefs (including 40-hour), Captains (including 40-hour), then Engineers and Engineer/Paramedics and then Firefighters and Firefighter/Paramedics. There shall be no exception to the order in which classifications are bid.

23.08.4 The date of the bid should be announced thirty (30) days in advance. All personnel must be available in person or by phone to exercise their option.

Any personnel who fails to select a position at this time shall be assigned a position at the discretion of the Fire Chief.

23.08.5 The bid process is not subject to arbitration.

23.09 Filling Permanent Vacancies

23.09.1 In the event a vacancy in a permanent position occurs during a bid cycle, the position(s) shall be filled using the following process:

23.09.2 The vacant position shall be announced, in writing, by the Fire Chief and every effort shall be made to fill it by the next FLSA period.

23.09.3 All personnel eligible to fill the vacant position shall have at least two (2) tours to respond in writing of their desire to be considered to fill the vacancy.

23.09.4 At the end of the allotted period, the Fire Chief shall fill the position with the most senior person who applied for the vacancy.

23.09.5 If another vacancy occurs, this process shall continue until all of the available openings have been filled.

23.10 Hazardous Materials Specialists

23.10.1 Station 4 has been designated as the station where hazardous materials personnel in the following classifications are assigned: Fire Captain and Fire Engineer. The bid assignment for hazardous materials personnel shall remain in effect for three (3) years.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 42 SECTION 24.00 - EXCHANGE OF TIME

24.01 The responsibility for repayment of the time exchanged between employees rests entirely with the individuals involved. The City assumes no liability whatsoever.

Absence due to illness or failure to report to work is the liability of the sick or offending party.

24.01.1 Requests for exchanges of time must be made twenty-four (24) hours in advance and are subject to approval by supervising officers. Approving officers are responsible for the qualifications of relieving personnel. The latter must be qualified and otherwise able to perform all of the regular duties of the person being relieved. Acting status is not considered a regular duty. Individuals exchanging time shall accept all responsibility for the time exchanged.

24.01.2 Individual requesting exchange of time is not relieved from duty until his/her relief has advised the shift officer that he/she is ready for duty.

24.01.3 Exchange of time shall be done for an equal exchange of hours.

24.01.4 An officer may only exchange time with another officer or in accordance with Section 24.01.8.

24.01.5 Exchange of time is not allowed for outside employment.

24.01.6 Personnel shall not be permitted to exchange time within 48 hours following the use of sick leave.

24.01.7 It is understood and agreed that management may with just cause cancel exchange of time.

24.01.8 Qualified acting personnel who have satisfied the necessary training requirements may exchange time with personnel of higher rank.

Individuals who have successfully completed such training and are qualified to act in a higher rank shall be designated by the Training Officer.

24.01.9 Battalion Chiefs may disapprove exchanges of probationers in case of poor performance.

24.01.10 Officers exchanging time must leave a clear statement of the goals to be achieved during the exchange. The officer that is filling a position as a result of an exchange will accomplish all objectives unless interrupted by an emergency or with the approval of the Duty Chief.

24.02 Probationary Firefighters may exchange time (shift trade) with the approval of their immediate supervisor. The immediate supervisor shall consult with the Fire Chief or designee prior to granting approval for such trades to determine whether the trade will negatively impact the performance or training and development of the requesting probationary firefighter.

24.03 In order to reduce overtime expenditures, an officer who is replacing an employee of subordinate rank during an exchange of time may be assigned to any officer

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 43 position, in any station, regardless of the regular duties of the employee being replaced.

SECTION 25.00 - SAFETY EQUIPMENT

25.01 The City shall furnish to all represented employees, and periodically inspect, all safety equipment as specified in the applicable department SOP.

25.02 Each employee shall be responsible for the repair and replacement of safety pants, boots and cleaning all safety equipment (cleaning safety pants is compensated through the uniform allowance).

25.02.1 Replacement or special cleaning of any safety equipment due to any hazardous material contamination will be the responsibility of the City.

25.02.2 All replaced or repaired safety equipment shall be in accordance with Cal OSHA regulations as they relate to protective equipment for structural firefighting.

25.02.3 All safety equipment is the property of City and shall only be used for City business.

25.02.4 40-hour personnel shall be allowed to wear a shoe/boot that will conform to the orthopedic nature of their feet while in the office or meeting in a non-hazardous environment. Prior to leaving the office for inspections or when hazards will be present, department approved safety boots shall be worn.

25.03 In the event that the State, through its OSHA Program, requires the purchase of new, different or additional safety equipment, the City will provide equipment as required by applicable law, or meet and confer with the Local.

SECTION 26.00 - DAMAGED PERSONAL ARTICLES (Watches and Eyeglasses) The City agrees to repair or replace eyeglasses (including contacts) and watches that become damaged while on duty through no carelessness or neglect on the part of the employee, subject to the following limitations: any compensation for a watch not to exceed $50.00; any compensation for glasses not to exceed $150.00; any compensation for contact lenses not to exceed the difference between actual replacement cost and insurance deductible up to a maximum of $50.00. The employee must apply for any applicable insurance coverage, and the City shall be reimbursed for insurance payouts. The employee shall provide the City with a copy of a receipt for the replaced item in order to receive a reimbursement.

SECTION 27.00 – EMPLOYMENT, INTERNAL AND EXTERNAL

27.01 The City will open recruitments in the following order: Internal (promotional) recruitments then open competitive recruitments. The Fire Chief will consider successful candidates from the internal promotional eligible list first and must determine if the

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 44 position will be filled internally before reviewing an external list including any successful candidate from that list.

27.02 Employees may engage in other employment or business activity that is not inconsistent, incompatible or in conflict with the Employee's duties and which does not involve time demands that would reduce the Employee's efficiency.

27.03 An Employee's outside employment, activity or enterprise may be prohibited by the Fire Chief 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.

27.04 Employees must notify the Human Resources Director of other employment or business activities in writing, and must receive written approval, prior to engaging in such activities. Unless such notice is impossible or impractical; in such cases notice shall be submitted on the Employee's next working day. Disapproval of other employment may be appealed to the City Manager whose decision shall be final.

Other employment shall be kept in the Employee's personnel file and maintained according to Personnel Rules Section 11.00.

SECTION 28.00 - SENIORITY

28.01 Seniority is defined in two ways, depending on the application to given situations:
“Time in Grade” and “Time of Employment.”

28.01.1 Time in grade shall mean the total amount of time which an individual has occupied the current classification since regular appointment (no credit shall be given for acting time except as provided for in the Personnel Rules).

28.01.2 Time of employment shall mean the total amount of time which an individual has been employed by the Fire Department since original appointment to regular status.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 45 28.02 When the date of employment is the same, time of employment is established by examination score. Examination score will establish badge number.

28.02.1 When the date of promotion is the same, seniority concerning time-ingrade is established by the date of hire.

28.02.2 When seniority cannot otherwise be determined, time in grade is established by badge number.

28.02.3 When individuals are essentially tied in any competitive promotional or special assignment process, time in grade at the immediate lower classification shall determine order of placement on the eligibility list.

28.03 Choice of assignments (station, platoon, specialty, etc.) shall occur in order of time in grade from among qualified members.

28.04 Vacation selection shall be made in order of time of employment within the selection pool.

28.05 Any reduction in rank will result in an employee returning to last held position with retention of seniority previously held in lower rank based on this Section.

28.06 In the event of a reduction in force, time of employment shall determine the order of lay-off, within the affected classes, with the least senior member laid off first.

SECTION 29.00 - INCENTIVE PAY

29.01. Employees who are not employed as paramedics will be required to obtain and maintain certification as an Emergency Medical Technician (EMT) as a condition of employment. The City shall provide employees who are certified as an EMT a $200 per month incentive pay which shall be rolled into a percentage of base pay (i.e., $2,400 per year).

29.02 Fire Prevention staff are required to complete the State Fire Marshal Fire Inspector 1 course series for certification or the 40-hour OSHA HazWOPER (Hazardous Materials) course for certification per their individual job requirements. The City shall provide employees who are so certified a $200 per month incentive pay which shall be rolled into a percentage of base pay (i.e., $2,400 per year).

29.03 Educational release time may be offered for these courses according to Department policy. The City shall accrue no overtime liability for attendance at these courses.

29.04 Members are entitled to receive only one of the incentives described in paragraphs

29.01 and 29.02

29.05 The longevity provisions for all employees shall be as follows:

29.05.1 Effective the first full pay period following the completion of an employee’s 9th year of regular, full time service, a longevity incentive of three percent (3% %) over base pay.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 46 29.05.2 Effective the first pay period following the completion of an employee’s 14th year of regular, full time service, an additional two percent (2%) over the previous three percent (3%) longevity incentive for a total increase of five percent (5%) over base pay.

29.05.3 Effective the first pay period following the completion of an employee’s 19th year of regular, full-time service, an additional two percent (2%) over the previous five percent (5%) longevity incentive for a total increase of seven percent (7%) over base pay.

29.05.4 Effective the first pay period following the completion of an employee’s 24th year of regular, full-time service, an additional two percent (2%) over the previous seven percent (7%) longevity incentive for a total increase of nine percent (9%) over base pay.

29.05.5 Effective the first pay period following the completion of an employee’s 25th year of regular, full-time service, an additional two percent (2%) over the previous nine percent (9%) longevity incentive for a total increase of eleven percent (11%) over base pay.

29.05.6 Effective the first pay period following the completion of an employee’s 26th year of regular, full-time service, an additional four percent (4%) over the previous eleven percent (11%) longevity incentive for a total increase of fifteen percent (15%) over base pay.

29.06 Employees assigned to a reimbursable strike team, overhead, or assist-by-hire deployment shall receive a differential of ten percent (10%) of their base salary. The pay differential shall apply from the time of the deployment to the employee’s return from deployment. USAR deployments are excluded from this pay differential.

29.07 Physical Fitness Program:

The City and Union agree that physical fitness is important and share the goal of increasing the health and fitness of employees. The City shall develop and implement a physical fitness program in collaboration with the Union. The program shall test various components of physical fitness. The City and Union agree to begin meeting and conferring no later than August 1, 2025, over the components and details of the program. Employee participation in the program shall be voluntary.

As part of the physical fitness program, employees choosing to participate in the program shall be given one test annually to measure their individual fitness level.

Employees shall be provided an opportunity to participate in the test while on duty and without loss of compensation or benefits. The City shall award up to twentyfour (24) hours of vacation leave per year to an employee who participates in the test. The amount of vacation leave so awarded shall depend upon the physical fitness level of the testing employee. The Union and City shall agree on the details of the physical fitness levels and the corresponding amount of vacation leave awarded for successfully meeting each level.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 47 SECTION 30.00 - UNIFORM ALLOWANCE

30.01 All employees shall receive an annual uniform allowance of $1,000.00 per year.

Such allowance shall be paid bi-weekly. In addition, the City shall provide one pair of safety shoes to sworn personnel every two years.

30.01.1 All employees shall equip and maintain uniforms as prescribed by departmental standards.

SECTION 31.00 - RETIREMENT
The City shall contract with the California Public Employees Retirement System (CalPERS) to provide the retirement plans described in this Section 31, including subsections.

31.01 Tier One: 3% at 50 Retirement Plan – Employees Hired Before April 8, 2012 This Section 31.01 shall apply to employees in the bargaining unit hired before April 8, 2012.

31.01.1 3% at 50 Pension Formula
The enhanced retirement program commonly referred to as the 3% at Age 50 Plan will be available to bargaining unit employees covered by this Section 31.01 as of the date specified by CalPERS in its contract with the City.

31.01.2 Final Compensation Based On Twelve Month Period For purposes of determining a retirement benefit, final compensation for employees covered by this Section 31.01 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 21362.2.

31.02 Tier Two: 3% at 55 Retirement Plan – Employees Hired On or After April 8, 2012, and Before January 1, 2013, or Who Qualify For Pension Reciprocity This Section 31.02 shall apply to employees in the bargaining unit hired on or after April 8, 2012 and before January 1, 2013. In addition, this Section 31.02 shall apply to employees hired on or after January 1, 2013 who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity requirements.

31.02.1 3% at 55 Pension Formula
The retirement program commonly referred to as the 3% at Age 55 Plan will be available to bargaining unit employees covered by this Section 31.02 as of the date specified by CalPERS in its contract with the City.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 48 31.02.2 Final Compensation Based On Twelve Month Period For purposes of determining a retirement benefit, final compensation for employees covered by this Section 31.02 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 21362.2.

31.03 Tier Three: Public Employees’ Pension Reform Act (PEPRA) Retirement Tier Required For Safety Employees Hired On or After January 1, 2013 This Section 31.03 shall apply to employees in the bargaining unit hired on or after January 1, 2013.

31.03.1 2% at 50 – 2.7% at 57 Pension Formula
As required by Government Code Section 7522.25, the Safety Option Plan 2 (2% @ 50 – 2.7% @ 57) pension formula shall apply to employees covered by this Section 31.03.

31.03.2 Final Compensation Based On 36-Month Period
As required by Government Code Section 7522.32, effective January 1, 2013, for purposes of determining a retirement benefit, final compensation for employees covered by this Section 31.03, shall mean the highest annual average pensionable compensation earned during 36 consecutive months of service.

31.04 Provisions Applicable to All Tiers
To the extent permitted by law and CalPERS rules and regulations, the provisions of this Section 31.04 shall apply to all eligible employees in the bargaining unit in all three pension tiers.

31.04.1 The benefit under Government Code § 21547.7 – Alternate Death Benefit for Local Fire Members Credited with 20 or More Years of Service. This will become effective pursuant to CalPERS rules and regulations.

31.04.2 The 1959 third-tier Survivor’s Benefit and military service buy-back options shall apply to the extent permitted by law and as long as all applicable CalPERS requirements have been satisfied.

31.04.3 Required Pension Cost Contributions

31.04.3.1 Basic Employee Contribution Amount
Each employee shall be responsible for the full “employee contribution” required by CalPERS. For Tier One and Tier Two employees, this employee contribution amount is currently (2014) 9% of PERSable compensation. For Tier Three (PEPRA) employees, this employee contribution amount is fifty percent (50%) of normal costs as required by Government Code
Section 7522.04(g).

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 49 31.04.3.2 Pension Cost Sharing Amount
In addition to the basic employee contribution amount
described in Section 31.04.3.1, employees shall pay, through payroll deduction, an additional three percent (3%) of
PERSable compensation toward the City’s costs of pension benefits.

The cost sharing agreements described above were
implemented as authorized by Government Code Section
20516, and reflect the maximum cost-sharing contribution amount authorized by Government Code Section 20516.5(b), as added by the California Public Employees’ Pension Reform Act of 2013 (PEPRA). The City implemented a CalPERS contract amendment effective June 28, 2015 that incorporated this cost sharing agreement into the City’s CalPERS contract, including any provisions necessary to credit the employee cost sharing contributions to employees’ CalPERS accounts.

31.05 To the extent permitted by law, including Internal Revenue Code Section 414(h)(2), employees’ pension cost contributions shall be made on a pre-tax basis..

31.06 The City agrees to pay an employee who is retiring an amount equal to 2-1/2% per year of service for unused accrued sick leave. An employee is eligible upon reaching minimum retirement age (but possibly sooner if employee is retiring because of death or disability) with at least 5 years of service. Maximum benefits payable are:

31.06.1 Regular Retirement 100%

31.06.2 Disability Retirement 100%

31.06.3 Death 100%
The pay-out formula will be: 2.5% x years of service x highest hourly rate x sick leave hours accrued. Hours accrued at a 56 hour rate shall not be converted prior to applying this formula. This formula shall apply to employees hired before January 1, 1995.

31.06.4 Employees hired after January 1, 1995 shall be subject to the formula outlined in Sections 11.09.2 – 11.09.5 . Hours accrued at a 56 hour rate shall not be converted prior to applying this formula.

31.07 Retiring Employees - Family Medical Continuation: The City agrees to permit represented retiring employees to pay the cost of continuing a medical plan for family members provided that there shall be no additional cost to the City in permitting the employee to continue medical coverage, except for reasonable administrative costs.

31.08 The City agrees to pay the premiums for employees retiring after January 1, 1990 through December 31, 1994 as long as the retiree maintains enrollment in one of the City health plans. Former employees retired prior to January 1, 1990 may continue health plan membership at their own expense as long as membership has been maintained.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 50 31.08.1 Retiree medical benefit insurance shall include provisions for employees hired prior to January 1, 1995 and after January 1, 1995 as follows:

31.08.2 Employees hired prior to January 1, 1995 shall be subject to the following provisions with respect to post-retirement medical insurance benefits:

Upon completion of the first through the ninth year of service, and upon retirement, the City shall provide 50% of the lesser amount – either the “retiree cap amount” (defined below), or the actual premium, only as long as the employee remains in one of the City sponsored health care programs.

Upon completion of the tenth year this payment of the retiree's medical insurance shall increase to 100% of lesser amount – either the “retiree cap amount” or the actual premium.

31.08.3 Employees hired after January 1, 1995 shall be subject to the following provisions with respect to post-retirement medical insurance benefits, upon and after CalPERS retirement.

Upon completion of the first through the ninth year of service, and upon retirement, the City shall provide 25% of the lesser amount – either the ”retiree cap amount” or the actual premium for the employee only 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% of the lesser amount – either the “retiree cap amount” or the actual premium.

Upon completion of the fourteenth year this payment of the retiree's medical insurance shall increase to 75% of the lesser amount – either the “retiree cap amount” or the actual premium.

Upon completion of the nineteenth year this payment of the retiree's medical insurance shall increase to 100% of the lesser amount - either the “retiree cap amount” or the actual premium.

31.08.4 Retiree cap amount: For employees who are otherwise eligible for a health care contribution pursuant to this MOU after retiring from City service, and who retire after February 20, 2007 (City Council Adoption) is approved by the City Council, the following caps apply: the City’s contribution is limited to 15% more than the City’s single, medical premium contribution for active employees at the Kaiser rate (hereafter the “retiree cap amount”). [For example: If the active employee maximum City contribution for a single plan is $210/month, the retiree will be eligible for up to $210 + 15% = $241.50/month. If the retiree’s plan premium is $241.50 or less, the City will pay the applicable premium only. If the retiree’s plan premium is greater than $241.50, the City will pay $241.50 toward the premium and the retiree will be responsible for the remainder.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 51 SECTION 32.00 – SALARY

32.01 July 2024 Salary Schedule Increase: Effective the first full pay period in July 2024 (starting July 14, 2024), a new adjusted salary schedule will be in effect (Appendix A-1). Effective the first full pay period in July 2024 (starting July 14, 2024), following the implementation of the adjusted salary schedule, all salaries shall be increased by nine percent (9%). Salaries are reflected in “Appendix A-2” attached hereto and are hereby incorporated by this reference as though set forth in full herein.

32.02 July 2025 Salary Schedule Increase: Effective the first full pay period in July 2025 all salaries shall be increased by five percent (5%). Salaries are reflected in “Appendix A-3” attached hereto and are hereby incorporated by this reference as though set forth in full herein.

32.03 July 2026 Salary Schedule Increase: Effective the first full pay period in July 2026 all salaries shall be increased by four percent (4%). Salaries are reflected in “Appendix A-4” attached hereto and are hereby incorporated by this reference as though set forth in full herein.

32.04 City and Union representatives will select a third-party expert to conduct a Classification and Compensation Study for all Union-represented classifications (the analysis would include compaction as one component of the analysis) through the City’s RFP process. Subject to Finance staff capacity, the intention is to select the third-party by August of 2025 to complete the study and recommendations by December of 2026. The comparator agencies for said study will be confirmed once the third-party is selected through the RFP process and will include the comparator agencies from the salary survey: Santa Clara County Central Fire Protection District, City of San Jose, City of Mountain View, City of Palo Alto, City of Gilroy, City of Fremont, City of Hayward, and the City of Santa Clara. Additional comparators may be included upon recommendation of the third-party and in agreement between the City and Union. The City shall cover all costs associated with the expert.

SECTION 33.00 - BENEFITS

33.01 The City will contribute toward medical benefits, capped at the applicable Kaiser plan rate (i.e., single rate for single employees; two party rate; family rate; etc.).

Dependents must meet eligibility requirements under plan terms.

33.01.1 Unit members may apply their medical benefit contributions toward health premiums for approved and available health plan providers other than Kaiser. Any additional cost for such coverage will be the responsibility of the member and may be deducted pre-tax from the member's pay check on a monthly basis.

For the term of this MOU, the City shall continue to provide the current dental insurance plan through Delta Dental, or one with equivalent benefits and geographic availability, and shall continue to pay the full cost of the plan’s monthly premiums.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 52 33.01.2 The City shall contribute toward a long-term disability program for each eligible full-time employee provided that the premium does not exceed twenty dollars ($20.00) per month. Such payments shall be made to employees as part of their monthly compensation and shall be subject to taxes and deducted monthly from such compensation.

33.02 The City will pay for a vision plan covering each permanent employee and eligible dependents.

33.03 The City agrees to provide CalPERS Domestic Partner health coverage.

33.04 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 towards compensation in a cafeteria plan, as permitted by law. 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.

33.05 Trainees shall receive benefits as follows: (1) full medical coverage; (2) uniform allowance; (3) dental coverage; and (4) enrollment in CalPERS. After graduation from the fire academy: (1) holiday in lieu pay; and (2) EMT incentive pay (if certified). Trainees shall not be eligible for floating holidays or other compensation elements not listed in this Section 33.05. Benefits shall accrue on a 56 hour work week basis for 24 hours shift employees, and a standard work day is equivalent to

11.2 hours. Vacation and sick pay shall begin to accrue upon appointment to the trainee position.

33.06 The City shall contribute fifty dollars ($50) per employee per month towards a qualified deferred compensation plan made available by the City (IRC § 457) to be designated by the employee.

SECTION 34.00 - RETIREE DEPENDENT HEALTH CARE FUND

34.01 The Retiree Dependent Health Care Fund
The City will contribute 1% of payroll with benefits to a fund to be used to help pay the medical premiums of dependents of eligible retirees, and dependents of eligible employees who became deceased while still employed (the “Fund”). The City’s annual 1% of payroll with benefits contribution shall be recalculated each fiscal year based on the applicable payroll as of the last full pay period in June. The City will annually deposit this amount in the Fund by the end of August.

This Fund will be administered by the City, subject to rules for the fund’s administration. The City agrees to implement the dependent fund in accordance to CalPERS rules of eligibility.

34.02 Initial Funding: The City’s initial contribution to the Fund will be pro-rated to the first pay period after February 20, 2007 (City Council Adoption).

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 53 34.03 City’s Financial Obligation Limited to 1%. In no case will the City be required to place funds in the Fund above the 1% of payroll and benefits as specified in this MOU.

34.04 Contributions From the Fund Toward Retiree Dependent Premiums: Contributions from the Fund toward the medical premiums covering dependents of retirees and eligible surviving dependents of deceased employees shall be limited as follows:

34.04.1 100% for permanent IAFF employees hired prior to January 1, 1995, and retired or deceased while employed on or after February 20, 2007. (Council’s adoption of MOU), who have at least ten (10) years of full-time or equivalent service with the City of Milpitas.

34.04.2 50% for permanent IAFF employees hired prior to January 1, 1995, and retired or deceased while employed on or after February 20, 2007 (Council’s adoption of MOU), who have at least five (5), but less than ten (10) years of full-time or equivalent service with the City of Milpitas.

34.04.3 For permanent IAFF employees hired on or after January 1, 1995, and retired or deceased while employed on or after February 20, 2007 (Council’s adoption of MOU), who have at least five (5) years of full-time or equivalent service with the City of Milpitas:
(i) 25% for retirees with less than nine (9) years of service; (ii) 50% for retirees upon completion of nine full (9) years of service; (iii) 75% for retirees upon completion of fourteen full (14) years of service;
(iv) 100% for retirees upon completion of nineteen full (19) years of service.

34.04.4 Any payments from the Fund to eligible dependents of IAFF employees who became deceased while employed prior to the adoption of MOU shall be made prospectively only.

SECTION 35.00 - NO DISCRIMINATION

35.01 The City of Milpitas will not discriminate in employment practice in regard to race, color, ancestry, national origin, religious creed, sex, sexual preference, age, medical condition (cured or rehabilitated cancer), physical handicap, marital status, or political opinion or affiliation or local activity, or any other reason protected by law, 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.

35.02 The Local shall not restrict its membership in regard to race, color, ancestry, national origin, religious creed, sex, sexual preference, age, medical condition (cured or rehabilitated cancer), physical handicap, marital status, or political opinion or affiliation or local activity, or any other reason protected by law, unless such factor

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 54 shall be a bona fide occupational qualification for the position, or such action is required to comply with federal or state law.

SECTION 36.00 - NO STRIKE
The Local, on its own behalf and on behalf of the unit employees it represents, agrees that during the term of this MOU, and throughout all periods when there is any effort or procedure underway to arrive at a successor Agreement, and during any period when the law prohibits strike activity, there will be no strike, work stoppage, concerted unauthorized absences, slow-down, or refusal to cross picket lines of any sort; and that the Local will not directly or indirectly encourage or condone such actions by unit employees, and will promptly undertake all possible steps to cause any such actions to cease.

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

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

The parties agree that notwithstanding the no strike provision of the existing MOU, firefighters may, with the approval of the Fire Chief, shop for food items outside of their district in order to avoid crossing a picket line.

SECTION 37.00 - HAZARDOUS MATERIALS SPECIALIST

37.01 Except as provided herein (see, e.g., MOU § 21.04.3), there shall be a special incentive pay equal to 6% of an individual's base salary for each member assigned to the Hazardous Materials focus assignment and who has received certification as a Hazardous Materials Specialist, with the exception of Firefighter/Paramedic and Fire Engineer/Paramedic who receive a 12% differential incentive. The Fire Chief may amend this requirement for qualification for incentive pay in the event State and Federal standards for this activity are changed.

37.02 There shall be at least two (2) Hazardous Material Specialists on duty at all times.

Any deviation from this Section shall be approved by the Fire Chief prior to implementation.

SECTION 38.00 - MISCELLANEOUS

38.01 All shift relief overtime shall be paid at the 24-hour rate.

38.02 Light Duty (Pregnancy): City agrees to temporarily transfer a pregnant employee to a less strenuous and less hazardous assignment for the duration of her pregnancy upon her request and upon the written recommendation of her physician (and physician's release of the employee to work) upon the following conditions:

38.02.1 That the temporary assignment may be in any department of the City.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 55 38.02.2 That the duties to be performed in said temporary assignment shall be those designated by the Fire Chief or their designee, provided that the duties shall be consistent with the written recommendations of the employee's physician.

38.02.3 Said employee shall not be increased or reduced in pay or benefit by virtue of said temporary transfer.

38.03 Special Assignment: At the City's discretion, special assignments may be made to Fire Prevention, Training, and administrative functions to provide special services without permanent appointments or promotions. Special assignments in each category requires minimum training, experience, and education. It is agreed that assignments which carry additional compensation (i.e., "special assignments") will be open to all qualified employees. The City and Local agree to discuss the method of selection.

It is also agreed that the City will meet and confer with the Local regarding compensation for special assignments.

38.03.1 Special assignment pay of ten percent (10%) above base pay shall apply to employees assigned to Battalion Chief 40 Hours or Fire Captain 40 Hour indefinitely or as a temporary short-term or long-term appointment under Rule 7.05 of the personnel rules. The ten percent (10%) special assignment pay shall be pensionable compensation. The employee assigned to the Battalion Chief 40 Hours or Fire Captain 40 Hour role shall receive City-designated paid holidays as time off.

38.03.2 Transfer from a Special Assignment: The City may transfer an employee from a special assignment even though said transfer will result in a loss of pay, benefits or privileges. No such transfer shall be made:

38.03.3 Without reasonable notice (as the circumstances permit) to such employee.

38.03.4 The employee's written objections, if any, are considered by the Department Head before the transfer is final.

38.03.5 Such transfers shall not be for disciplinary purposes, and the City shall not be required to comply with pre-disciplinary or disciplinary procedures in connection therewith.

38.04 Stress Reduction: The City will continue a program that will include in-house motivational meetings and voluntary stress assessments for those wishing to participate. Off-duty participation shall be at an individual's choice and not subject to overtime payment. The City agrees to maintain, repair or replace physical fitness equipment during the term of this agreement.

38.05 Safety Committee: A Safety Committee under the direction of the Fire Chief will be established to examine and make recommendation(s) related to the health and safety of Fire personnel during station work, training, physical fitness, and emergency operations.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 56 38.06 Annual Firefighter Physicals: The City will provide a comprehensive occupational medical physical on an annual basis following NFPA Standard 1582 (2013) and/or IAFF/IAFC Joint Labor Management Wellness-Fitness Initiative.

38.07 Bilingual Allowance: The City agrees to pay a premium of 2.5% of firefighter base pay for employees with bilingual skills who are assigned in writing to utilize their bilingual skills in departmental duties. The specific selection of positions which will receive bilingual pay and the languages which will qualify for bilingual pay shall be made by the City upon the request of the employee.

38.08 VDT Glasses: The City will reimburse an employee up to a maximum of $150 per calendar year for eyeglasses when prescribed by a physician for use at a video display terminal (VDT) provided they are not covered by the employee’s health plan.

38.09 Safety Glasses: The City shall reimburse up to $225 per employee per calendar 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 workrelated incident. The employee shall provide the City with a copy of a receipt for the replaced item in order to receive a reimbursement

38.10 The City shall provide and launder blankets, sheets, pillows (pillows provided only) pillow slips and bath towels for showers to Fire personnel for use while on duty.

38.11 Used linen is turned in after four shifts and clean linen issued when employees return from days-off. Two issued blankets are cleaned once each fiscal year as needed.

38.12 Provision of utensils, dishes, portable appliances, pots, pans, soaps, and laundering of dish towels for kitchen use shall be the responsibility of the City.

SECTION 39.00 - 40 HOUR WORKWEEK

39.01 40 hour workweek: Shift employees temporarily assigned to a 40 hour workweek shall maintain the same benefits (leave accrual and holiday pay) as those individuals assigned to 24-hour shifts.

39.02 On or about December 1 of each year the Department Head will circulate a vacation roster for the forthcoming year. Employees are encouraged to indicate vacation choices. On or about January 1 of each calendar year the Department Head will post an approved vacation calendar for the year. Approval will 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.

39.03 40-hour workweek personnel shall have the option of working four 10-hour workdays (4/10) or five 8-hour workdays (5/8) at the discretion of the Fire Chief or their designee.

Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 57 39.04 Change in Regular Assignment: When the regular assignment of a member (24 hour shift employee) is changed from a 56 hour to a 40 hour work week, or from a 40 hour to a 56 hour work week, accrual rates for vacation and sick leave shall be changed to the appropriate rate on the effective date of the change.

39.04.1 All original hours accrued at the previous rate shall remain in a separate leave bank and may be taken as leave according to department policy.

39.04.2 All hours subsequently accrued at the new rate shall be placed in a separate leave bank and may be taken as leave according to department policy.

39.04.3 Where accrued sick and vacation leave is converted to cash it shall be paid at the current hourly rate for the affected classification from the applicable leave banks listed in Sections 39.04.1 and 39.04.2.

39.05.4 Employees who choose to cash out vacation leave from their 56 hour leave bank will be converted to cash at the accrual rate earned.

SECTION 40.00 - TRAINEE CLASSIFICATION

40.01 The classification of Trainee shall be established which will precede the classification of Firefighter in the personnel system.

40.02 Individuals who are selected to fill a vacant entry-level Firefighter position shall be appointed to a probationary position as Firefighter Trainee or Firefighter Paramedic Trainee until the successful completion of the basic fire academy. The Trainee classification shall receive salary and health insurance, and other applicable benefits approved by the City Manager.

40.03 Upon successful completion of the basic fire academy, a Trainee shall be elevated to probationary status as a Firefighter and shall be entitled to the full package of benefits and accruals relating to that classification.

40.04 Exchange of time privileges for the classification of Trainee are contained in Section 24.02.

40.05 Salary compensation for the classification of Trainee is contained in Section 9.02.1.

40.06 Individuals who are appointed to the Trainee classification and who possess substantial experience as a Firefighter with another agency, may be appointed at or above the A step in the salary schedule by the Fire Chief, in recognition of the value of that experience.

40.07 Upon successful completion of the basic fire academy, a Trainee will begin a twelve month evaluation period. The first day of the evaluation period will be the first day performing as an Entry Firefighter, which will also be the annual date for merit increases, unless there has been a change in employment status to include promotion, demotion, unprotected unpaid leave etc…