Agenda packet — Milpitas City Council, December 2, 2025 (part 1 of 10)

December 2, 2025 Milpitas City Council Agenda Page 1

JOINT MEETING OF THE MILPITAS

CITY COUNCIL AND HOUSING AUTHORITY

AGENDA
TUESDAY, DECEMBER 2, 2025
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 5:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)

For assistance in the following languages, you may call:

Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072

* To access written translation during the meeting, scan the QR Code.

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

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

Meeting shall be livestreamed - Go to:

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

PUBLIC COMMENT INSTRUCTIONS
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_fGfDtOvqQzaPMEJao4aVwg 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.
• Use electronic devices appropriately while on the Council dais. • Disclose conflicts of interest and affiliations related to agenda items. • Separate governing from campaigning.
• The Council speaks with one voice after making policy on issues. • Respect the line between policy and administration.
• Council will hold one another accountable to comply with this Code of Conduct.

Page 1 of 1283 ends

December 2, 2025 Milpitas City Council Agenda Page 2

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (5:00 PM)

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency’s Designated Representative(s): Rick Bolanos, Liebert Cassidy Whitmore Employee Organization(s): Professional and Technical Employees, Mid-Management and Confidential Employees, Milpitas Employees Association, Unrepresented Employees (b) PUBLIC EMPLOYEE APPOINTMENT AND HIRING
Pursuant to Government Code Section 54957(b)(1)
Employee Position: City Manager
(c) PUBLIC EMPLOYEE APPOINTMENT AND HIRING
Pursuant to Government Code Section 54957(b)(1)
Employee Position: City Attorney
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 (Mayor Montano)

PRESENTATIONS
● Manufacturing Day and Event Partners Recognition

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

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

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA

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

C1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Recommendation: Receive City Council Calendar of Meetings for December 2025.

Page 2 of 1283 ends

December 2, 2025 Milpitas City Council Agenda Page 3

C2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Recommendation: Approve City Council Meeting minutes of October 21 and 24, 2025.

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

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

C5. Approve City Council Meeting Schedule for 2026 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve the 2026 Milpitas City Council meeting schedule, with any changes requested at the City Council meeting.

C6. Consider Recommendations from Mayor Montano for Appointments to Rent Review Board (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Recommendation: Receive Mayor Montano's recommendations and approve and confirm recommendations for appointments to the Rent Review Board C7. Adopt a Resolution Delegating Authority to the City Manager or Designee to Approve and Execute Project-Related Documents and Urgent Administrative Items during the City Council Winter Recess (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) Recommendation: Adopt a resolution delegating authority to the City Manager, or designee, to approve and execute project-related documents, including contract documents and urgent administrative items during the City Council and City of Milpitas Housing Authority winter recess from the last City Council meeting held on December 16, 2025 through January 13, 2025.

C8. Adopt a Resolution Approving the Extension of the Memorandum of Understanding between the City of Milpitas and the Milpitas Mid-Management and Confidential Unit (Mid-Con) Covering the Period of July 1, 2025 through June 30, 2026 (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086; Luz Cofresí-Howe, Finance Director, 408-586-3111) Recommendation: Adopt a resolution to: (1) approve the extension of the Memorandum of Understanding between the City of Milpitas and the Milpitas Mid-Management and Confidential Unit (Mid-Con) covering the period of July 1, 2025 through June 30, 2026; (2) amend the Classification Plan; and (3) amend the adopted, amended FY 2025-26 Operating Budget by authorizing necessary financial and personnel actions to implement the Mid-Con Memorandum of Understanding extension.

C9. Adopt a Resolution to Conduct a Solar Streetlight Pilot Project, Approve a Cooperative Purchase Agreement with Fonroche Lighting America, and Approve Budget Appropriation for Hammond Way Streetlight Project, CIP No. 4301 (Staff: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)

Page 3 of 1283 ends

December 2, 2025 Milpitas City Council Agenda Page 4

Recommendation: Adopt a resolution to (1) Conduct a solar streetlight pilot project; (2) Approve and authorize City Manager, or designee, to execute a cooperative purchase agreement with Fonroche Lighting America through a cooperative procurement contract solicited by Sourcewell, in an amount not-to-exceed $100,712; (3) Approve a budget appropriation in the amount of $110,000 from Gas Tax Fund in Streetlight, Signage, Traffic Signal Improvements, CIP No. 3440; and (4) Authorize the Public Works Director, or designee, to negotiate and execute contract change order(s) in an aggregate amount not-to-exceed $25,000 for Hammond Way Streetlight Project, CIP No. 4301.

C10. Consider Fee Waiver Request from Kiwanis Club of Milpitas for the 22nd Annual Crab Feed (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: Approve a Fee Waiver of $763 for the 22nd Annual Kiwanis MUSD Crab Feed and Auction at the Milpitas Community Center Auditorium on February 6, 2026.

C11. Approve the Parks and Recreation and Community Services Programs Donation for a Memorial Bench in Honor of Segundo Cacao (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Recommendation: Approve the Parks and Recreation Donation for a Memorial Bench for Segundo Cacao at Strickroth Park.

PUBLIC HEARINGS
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

12. Hold a Public Hearing on an Appeal of the Planning Commission’s Decision to Approve Associated Planning Entitlements for a New Industrial Building at 1000 Gibraltar Drive (Staff Contact: Jay Lee, Planning Department, 408-586-3077)
Recommendation: (1) Conduct a public hearing and move to close the hearing following comments; (2) determine that the Addendum to the 1000 Gibraltar Drive Final Environmental Impact Report (State Clearinghouse No. 2020069024) adequately analyzes the potential environmental impacts associated with the amended project, and that the Addendum is in compliance pursuant to CEQA Guidelines §15162 and §15164; and (3) Adopt a Resolution denying the appeal and upholding the Planning Commission’s decision to approve Site Development Permit No. SD24-0006, Environmental Assessment No. EA24-0002, and Tree Removal Permit No. TR25-0021 to remove and replace 25- ordinance sized trees, demolish all existing structures on the site including four industrial/office buildings, surface parking lots, and associated improvements, and develop a new, one-story, 487,564- square foot tilt-up concrete industrial building with office space and associated site improvements on an approximately 28.96-acre site in the M2 (Heavy Industrial) Zoning District located at 1000 Gibraltar Drive (also known as 1001 S. Milpitas Blvd).

LEADERSHIP AND SUPPORT SERVICES

13. Consider Appropriating Unassigned Fund Balances or Reserves Based on the November 4, 2025 Prioritization Vote (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) Recommendation: Adopt a resolution to appropriate unassigned fund balances or reserves for approved one-time funded priorities based on the November 4, 2025 prioritization vote.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS

Page 4 of 1283 ends

December 2, 2025 Milpitas City Council Agenda Page 5

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

ADJOURNMENT

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

The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.

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

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

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

If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.

Page 5 of 1283 ends

Milpitas City Council Calendar
December 2025

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 7:00 PM-Parks, Recreation & Cultural
Resources Commission (EC)

2 5:00 PM-Closed Session
7:00 PM-City Council

3 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
5:30 PM-Veterans Commission (GB)
7:00 PM-Community Housing
Commission (EC)

4 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)

5 6

7 8

9 10
4:30 PM-City Council Finance
Subcommittee (CM/EC)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Cupertino)
7:00 PM-Planning Commission

11 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)

12 13

14 15
7:00 PM-Science, Technology, and
Innovation Commission (WL)

16 6:00 PM-Closed Session
7:00 PM-City Council

17 6:00 PM-Energy and Environmental
Sustainability Commission (EC)

18 19

20 21

22 23

24 25 26

City Hall and City Facilities Closed (Fire and Police are not affected)

27 28

29 30 31

City Hall and City Facilities Closed (Fire and Police are not affected)

November 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 January 2026

S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31

Page 6 of 1283 ends

October 21, 2025 Milpitas City Council Minutes Page 1

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

MINUTES
TUESDAY, OCTOBER 21, 2025

The City Council of the City of Milpitas convened in a Regular Meeting of the Milpitas City Council, Housing Authority, and Successor Agency on October 21, 2025, 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 7:03 PM. Roll Call was taken by City Clerk Guzzetta.

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

PLEDGE OF ALLEGIANCE
Scout Troop 0786 Shia Imami Ismaili presented the colors and led the Pledge of Allegiance.

INVOCATION
Councilmember Chua provided the invocation.

PRESENTATIONS
Mayor Montano and the Milpitas City Council presented proclamations in recognition of National Domestic Violence Prevention Month and Diwali.

The City Council recognized Community Heroes as nominated by members of the Council including: Rhoda Shapiro, Peaceful Poets of Milpitas, Knights of Columbus St. John's Council 5796, Milpitas Kiwanis Club, and MariCris Benitez and the Executive Lions Club.

The Mayor also presented commendations in recognition of Milpitas Students, Atharv and Nyssa Bagotra, in support of writing their first fantasy book, Maya Brooks and the Land of Fire and Ice.

The City Council adjourned to a reception in honor of the Community Heroes at 8:13 PM and reconvened in Open Session at 8:36.

PUBLIC FORUM
There were the following public speakers:

1. Ryan Heron

2. Alan Ha

3. Myvan Khuu-Seeman

4. Zuhayl Lambert

5. Michael Thomas

6. Margarita Mendoza

7. Henry Soong

8. Vikas Seth

9. Ron Long

Page 7 of 1283 ends

October 21, 2025 Milpitas City Council Minutes Page 2

10. Liz Medina

11. Matt Lambert

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS Acting City Attorney Creech asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. Acting City Attorney Creech asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.

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: Mayor Montano / Vice Mayor Barbadillo
Motion carried by the following:

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

CONSENT CALENDAR
Councilmember Lam requested to pull Item C6.

Councilmember Lam made a motion: to table Item C6 to the next City Council meeting. Vice Mayor Barbadillo seconded the motion.

Police Chief Hernandez provided clarification on the necessity and specifics of the program, including its focus on mitigating stress-related cardiovascular risks unique to law enforcement, the motion to discuss was reconsidered. After Council discussion, Councilmember Lam rescinded the motion.

There were no public speakers.

After discussion, motion: to approve the Consent Calendar, pulling Item C6.

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

AYES: Mayor Montano, Councilmember Chua, Councilmember Lam, Councilmember Lien NOES: Vice Mayor Barbadillo

Motion/Second: Councilmember Lien / Councilmember Chua
Vote: 4-1 (Noes: Barbadillo)

Acting City Attorney Creech noted that regular procedure called for items pulled from the Consent Calendar to be heard after the final agenda item, but advised that the City Council could make a motion to hear the item immediately following the Consent Calendar.

After discussion, motion: to hear Item C6 for discussion immediately following the Consent Calendar.

Page 8 of 1283 ends

October 21, 2025 Milpitas City Council Minutes Page 3

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

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

1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Received City Council Calendar of Meetings for October 2025.

2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Approved City Council Meeting minutes of September 16, 26, and 30, 2025.

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)
Received the list of items that have been requested by City Councilmembers and received consensus in previous meetings to date.

5. Consider Opting into Nationwide Settlement Agreements with Additional Opioid Manufacturers (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3050; and Christopher Creech, Acting City Attorney, 408-586-3040)
Opted into settlement agreements with certain opioids manufacturers, whereby the City will assign will receive the City’s designated share of settlement funds to the County of Santa Clara, and direct and authorize the City Manager to execute settlement agreement(s) and any other documents necessary to implement the action.

7. Authorize the City Manager to Execute Grant Agreement with the Office of Traffic Safety to Accept the Fiscal Year 2026 Office of Traffic Safety Selective Traffic Enforcement Program Grant and Approve the Related Budget Appropriation (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406)
Authorized the City Manager, or designee, to execute a grant agreement with the Office of Traffic Safety to accept the Fiscal Year 2026 Office of Traffic Safety Selective Traffic Enforcement Program Grant and approve the related budget appropriation in the amount of $110,000.

8. Adopt a Resolution Accepting Completed Public Improvements and Authorizing Bond Reduction and Release for the Parkside Phase 2 Project at 1992 Tarob Court (Staff Contact:

Page 9 of 1283 ends

October 21, 2025 Milpitas City Council Minutes Page 4

Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Adopted Resolution No. 9450 to (1) accept the completed public improvements; (2) approve a reduction in the faithful performance bond to $115,250.00; and (3) authorize the City Engineer to release the performance bond after the one-year warranty period without further City Council action, provided all required warranty work has been completed to the satisfaction of the City Engineer for the Parkside Phase 2 Project at 1992 Tarob Court.

9. Authorize the City Manager, or Designee, to Negotiate and Execute an Amendment to the Agreement with W.W. Grainger, Inc. for the Purchase of Maintenance Supplies, Equipment, Tools, and Parts for the Public Works Department (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602) Authorized the City Manager, or designee, to negotiate and execute an amendment to the agreement with W. W. Grainger, Inc., to continue purchasing high quality maintenance supplies, equipment, tools, and parts for a four-year term in an amount not-to-exceed $549,000 for the full term of the contract agreement.

10. Adopt a Resolution to Approve Project Plans and Specifications; Award the Construction Contract to Innovative Construction Solutions; and Authorize the Design Services Agreement Amendment No. 2 with MNS Engineers, Inc. for the Gibraltar Pump Station Valves Replacement Project (Staff: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Adopted Resolution No. 9451 to: (1) Approve the Project plans and specifications; (2) Award the construction contract to Innovative Construction Solutions in the amount of $1,310,000; (3) Authorize the City Manager, or designee, to execute the construction contract with Innovative Construction Solutions; (4) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $196,500; and (5) Approve and Authorize the City Manager, or designee, to execute Amendment No. 2 to the Professional Services Agreement with MNS Engineers, Inc. in the amount not to exceed of $32,198 for the Gibraltar Pump Valves Replacement Project, Project Nos. 7133 and 7141.

ITEMS PULLED FROM CONSENT CALENDAR

6. Authorize the City Manager, or Designee, to Negotiate and Execute an Agreement with Telemedicine Group DE for Cardio-Metabolic Testing Services (Staff Contact: Luz Cofresí- Howe, Finance Director, 408-586-3111; and Jared Hernandez, Chief of Police, 408-586-2406) Councilmember Lam elaborated on his reasons for pulling the item from the consent calendar. He raised concerns about whether such testing could be covered by existing health insurance plans rather than requiring additional city funds.

Police Chief Hernandez responded to questions from the City Council.

There were the following public speakers:

1. Voltaire Montemayor

After discussion, motion: to Authorize the City Manager, or designee, to negotiate and execute a Professional Services Agreement with Telemedicine Group DE for cardio-metabolic testing services in an amount not-to-exceed $206,640 for the full three-year term.

Page 10 of 1283 ends

October 21, 2025 Milpitas City Council Minutes Page 5

Motion/Second: Councilmember Lien / Mayor Montano
Motion carried by the following:

AYES: Mayor Montano, Councilmember Lien
NOES: Vice Mayor Barbadillo
ABSTAIN: Councilmember Chua, Councilmember Lam

Motion/Second: Councilmember Lien / Mayor Montano
Vote: 2-1-2 (Noes: Barbadillo. Abstain: Chua, Lam)

COMMUNITY DEVELOPMENT

11. 2025 Legislative Season Update and 2025 State and Federal Earmark Requests Update (Staff Contact: Alex Andrade, Director of Economic Development and Strategic Initiatives, 408-586- 3046)
Interim City Manager Santana introduced the item. Economic Development Director Andrade presented the report, joined by Economic Development Specialist Zubair.

There were the following public speakers:

1. Voltaire Montemayor

Vice Mayor Barbadillo stressed collaborating with other cities for common legislative issues and proposed that a collective municipal strategy could boost advocacy efforts. Director of Economic Development and Strategic Initiatives Andrade detailed his participation in the Santa Clara County Legislative Coordinators Group, which meets monthly with various cities and agencies to strengthen legislative positions through shared information.

Councilmember Lam questioned ongoing links with groups like the Cities Association and California League of Cities. Director Andrade confirmed active collaboration, aligning city stances with larger coalition goals.

Mayor Montano, showing interest in inter-city partnerships, asked about the consistency of communication and updates on these cooperative efforts. Director Andrade affirmed the mayor's interest, agreeing to update the council through the City Manager’s biweekly reports and exploring ways to deepen council involvement in legislative collaboration.

After discussion, motion: to accept the 2025 Legislative Season Agenda Report, including an update on 2025 State and Federal Earmark Requests.

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

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

LEADERSHIP AND SUPPORT SERVICES

12. Report on Violations of the City’s Code of Conduct, Council Handbook, Open Government Ordinance, and Municipal Code (Staff Contact: Deanna J. Santana, City Manager, 408-586-3050) Interim City Manager Santana provided opening remarks and was available to respond to questions from City Council.

Page 11 of 1283 ends

October 21, 2025 Milpitas City Council Minutes Page 6

There were the following public speakers:

1. Voltaire Montemayor

Vice Mayor Barbadillo initiated the discussion, questioning how it was determined that violations had occurred, why the item was presented without prior Council deliberation, whether legal advice had been sought, and why only two emails were included as exhibits, requesting that all related communications be provided for context. He emphasized that the report should have referred to “alleged violations” and urged adherence to due process before drawing conclusions.

Councilmember Lien asked why the matter was being held in open session rather than in closed session. Acting City Attorney Christopher Creech explained that, under the Brown Act, closed sessions are limited to specific purposes such as litigation or personnel matters, and this item did not fall within those categories.

Councilmember Lien noted she had reviewed all materials presented and asked for clarification on what constituted interference between the Council and the City Manager and whether the matter had been resolved. Interim City Manager Deanna Santana explained that she met with the parties involved to discuss the matter and restore effective working relations. She noted that the situation arose from actions taken outside established communication and supervisory protocols, emphasizing the importance of maintaining clear role boundaries and adherence to governance procedures.

Vice Mayor Barbadillo continued expressing concern that the agenda report implied that violations had occurred without formal Council determination. He stated that under the City’s Censure Policy, only the Council may determine whether a violation occurred and that such determinations must follow principles of fairness and due process. He questioned who had concluded that violations occurred and emphasized that the Council had not yet reviewed all relevant materials. The Vice Mayor urged that the Council conduct a comprehensive review of all communications from the time period in question before reaching any conclusions.

Acting City Attorney Creech announced that the time was now 11:00 PM and, according to Council procedure, it would require a motion and vote to continue the discussion.

After discussion, motion: to continue the discussion past 11:00 PM.

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

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

Interim City Manager Santana responded that, under the Council–Manager form of government, she has a duty to report governance concerns to the City Council when they arise. She explained that the evidence included written communications showing staff were directed outside appropriate channels and that her intent was not to assign blame but to ensure transparency and accountability.

Acting City Attorney Creech added that, while the City Manager and City Attorney are obligated to report potential governance issues, it is ultimately the City Council that determines whether a violation has occurred and what action to take.

Councilmember Lien spoke again, emphasizing the importance of integrity and accountability among

Page 12 of 1283 ends

October 21, 2025 Milpitas City Council Minutes Page 7

elected officials. She underscored the need for transparency and public trust, stating that the Council must set an example of ethical conduct and proper governance.

Vice Mayor Barbadillo returned to the discussion to ask what counterpart existed for staff to the Council’s censure policy. He inquired whether, if a censure process applies to Councilmembers, there was an equivalent mechanism for addressing concerns related to the City Manager or City Attorney.

Acting City Attorney Creech clarified that the Council’s authority over staff is limited to its two appointees, the City Manager and City Attorney—and that the appropriate process available to the Council in such cases is the performance evaluation process. The Vice Mayor then asked how he could initiate evaluations for both positions.

Following the Acting City Attorney’s clarification, Vice Mayor Barbadillo asked how he could formally initiate performance evaluations for the City Manager and City Attorney. Acting City Attorney Creech explained that any Councilmember may request that such an item be agendized at the end of a meeting, subject to majority approval. The Vice Mayor stated that he intended to make such a request once the Council had reviewed the additional information he had asked staff to provide.

Interim City Manager Santana acknowledged that the City Council has the authority to conduct a performance evaluation of the City Manager in closed session and stated that she supported the Council’s ability to provide formal feedback through the established process. She clarified, however, that she had already resigned and that her last day would be October 31, 2025, and therefore she would not participate in any performance evaluation held during her final week. She emphasized that her purpose in bringing the report forward was to ensure good governance and adherence to City policies.

Councilmember Chua spoke next, stating that Council decisions must be grounded in factual evidence rather than emotion. She supported a thorough review of all relevant materials before any determination is made and emphasized the need to maintain professionalism and objectivity.

Councilmember Lam agreed that the Council should base its decisions on verified facts and proposed that a special meeting be held to review all pertinent communications and evidence in a systematic and transparent manner. He stated that a complete and verified record would enable the Council to make a fair and informed decision.

Mayor Montano facilitated the discussion, ensuring each Councilmember had the opportunity to speak.

The Mayor encouraged the Council to resolve the matter promptly to maintain City stability and avoid disruption to operations. She expressed a preference for addressing the matter constructively and efficiently, suggesting that acknowledgment and corrective action might suffice without pursuing formal censure.

Acting City Attorney Creech provided additional clarification on the procedural requirements for any potential censure action, noting that such proceedings require formal Council action following due process. He added that the Council could consider waiving attorney–client privilege to release a legal memorandum related to the matter, which would enhance transparency and provide context for deliberations.

Interim City Manager Santana proposed that the Council consider engaging an independent third-party reviewer to conduct an impartial assessment of the situation. She stated that an external evaluation could help ensure objectivity, provide clarity, and support the Council in making an informed decision.

Santana reaffirmed her commitment to transparency, accountability, and maintaining organizational stability.

Page 13 of 1283 ends

October 21, 2025 Milpitas City Council Minutes Page 8

Assistant City Manager Cano and several department heads addressed the Council to express concern regarding potential impacts on staff morale and operations. They commended the City Manager’s leadership, noting that stability and consistency in direction were essential to maintaining staff confidence and effective City operations.

Motion: to hold a special meeting to review all relevant communications, documentation, and evidence related to the matter on Friday, October 24, 2025.

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

AYES: Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam NOES: Mayor Montano, Councilmember Lien

The meeting was tentatively scheduled for Friday subject to polling, providing time for staff to compile materials and for the Council to ensure due process, transparency, and accountability in its review.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
City Clerk Guzzetta announced that the City Council would need to take a vote to hear this item.

After discussion, motion: to continue the meeting and discuss Announcement and Future Agenda Items.

Motion/Second: Councilmember Lien / Councilmember Lam
by the following:

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

Mayor Montano requested two items be added to the priority list:

1. Placing a billboard at the sports center to inform the community about events and activities. There was unanimous consensus to add the item to the priority list.

2. Exploring the creation of small parks in two neighborhoods without them: North Park Victoria and Visona Park near Berryessa Road. There was unanimous consensus to add the item to the priority list.

Vice Mayor Barbadillo requested to agendize a discussion on the acting city attorney position. This request received majority support from the council (Noes: Montano. Absent: Lien)

ADJOURNMENT
Mayor Montano adjourned the meeting at 12:37 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

Page 14 of 1283 ends

October 24, 2025 Milpitas City Council Minutes Page 1

SPECIAL MEETING OF THE MILPITAS

CITY COUNCIL

MINUTES
FRIDAY, OCTOBER 24, 2025

The City Council of the City of Milpitas convened in a Special Meeting of the Milpitas City Council on October 24, 2025, 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 Special City Council meeting to order at 11:34 AM. Roll Call was taken by City Clerk Guzzetta.

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

PLEDGE OF ALLEGIANCE
Mayor Montano led the Pledge of Allegiance.

PUBLIC FORUM
There were the following public speakers:

1. Rob Means

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

APPROVAL OF AGENDA
Vice Mayor Barbadillo asked for clarification on whether the current meeting would be superseded by the censure policy that had been initiated and voiced concern about redundancy between this agendized meeting and the censure process. Acting City Attorney Creech clarified that the council could pursue multiple actions even with a censure request pending.

Vice Mayor Barbadillo made a motion: to adjourn the meeting to allow the censure process to proceed.

Council Member Chua seconded the motion.

Council Member Lien announced she would withdraw her censure initiation to continue with today's agenda.

Following Council Member Lien's withdrawal of the censure request, Vice Mayor Barbadillo withdrew his motion to adjourn. Council Member Chua had no objection to the withdrawal.

After discussion, motion: to approve the agenda.

Page 15 of 1283 ends

October 24, 2025 Milpitas City Council Minutes Page 2

Motion/Second: Councilmember Lien / Mayor Montano
Motion carried by the following:

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

AGENDA ITEMS

1. Report on Violations of the City’s Code of Conduct, Council Handbook, Open Government Ordinance, and Municipal Code (Staff Contact: Deanna J. Santana, City Manager, 408-586-3050) Interim City Manager Santana introduced the item and presented the report.

Mayor Montano emphasized the importance of adhering to rules and the city council's code of conduct.

She expressed reluctance to pursue a censure and committed to addressing the matter constructively.

Councilmember Lam read a prepared statement into the record:

While I believe Councilmember Chua has the best interests of our city at heart, her action did create confusion, disrupt normal channels of communication, and undermined the trust and efficient functioning of our city hall governance structure. This is why I respectfully request that Councilmember Chua offer a public apology to the Interim City Manager, to the city staff who support the council, and to the residents of Milpitas who rely on us for transparent, inclusive, and disciplined leadership.

Rather than simply treating this as a misstep, I believe it offers a meaningful opportunity for growth.

We have an opportunity to reaffirm our commitment to open communication and use this moment to strengthen our shared expectations regarding meetings, coordination, staff involvement, and decision-making process. I also recommend that all City Councilmembers participate in a policy training course to further enhance our collective knowledge. It is important that everyone has confidence in the City Council's support for our staff and trust that established protocols are being followed, allowing them to perform their work with clarity, consistency, and without unnecessary pressure.

To the staff, I believe there's room for improvement in how this case was handled. We demonstrated to our community that we are open, responsible public servants who hold ourselves accountable when processes breakdown. To move on stronger and more unified, I urge all of us, Council, staff, and community to focus on moving forward from this incident. Holding on to blame will only get in the way of the important work still ahead of us.

I believe Council Member Chua is dedicated to this city and upholding the value of good governance. Her apology would not be a sign of weakness, but rather a demonstration of leadership of integrity, accountability, and respect for the role we each play.

To my fellow councilmembers and to the city staff, let's take a moment, not as a source of division but as a valued reminder of why clear process and mutual respect are essential. And to the community, please know that your local government is paying attention, learning its missteps, and moving forward with a renewed commitment to transparency, collaboration, and public service.

We have a great deal of important work ahead of us and I would like to put this matter behind us. A cooperative and professional working relationship between City Council members and staff is vital

Page 16 of 1283 ends

October 24, 2025 Milpitas City Council Minutes Page 3

as we move forward. Therefore, I move to remove the evaluation of the interim city manager and acting city attorney from future agendas. Thank you for your attention.

Councilmember Lam made a motion: to remove the evaluations of the interim city manager and acting city attorney from future agendas.

Mayor Montano spoke in support of the motion and her disagreement with how the evaluations were scheduled in the first place, and suggested that Option 2 in the staff report was the best path forward, noting she had requested that approach at the previous meeting.

Vice Mayor Barbadillo said he supported moving forward but defended his earlier insistence on due process, stating that full context should be reviewed before determining that a violation occurred.

Council Member Lien seconded the motion, citing the importance of using time and resources wisely.

Councilmember Chua proposed clarifying the motion so the removal applied only to the evaluations requested at the October 21, 2025 City Council meeting, not indefinitely. The amendment was accepted by Councilmembers Lam and Lien.

Motion: to remove the evaluations of the interim city manager and acting city attorney from future agendas.

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

AYES: Mayor Montano, Councilmember Lam, Councilmember Lien NOES: Vice Mayor Barbadillo, Councilmember Chua

Interim City Manager Deanna Santana requested clarification to ensure accurate implementation, confirming that the intent of the motion was to remove the evaluations of the Interim City Manager and Acting City Attorney from the October 28 and November 4, 2025 meeting agendas. Councilmember Lien followed up to confirm that this also meant the items would not appear in closed session on November 4.

Mayor Montano transitioned discussion back to the broader topic of the staff report.

Vice Mayor Barbadillo spoke on the report and the documentation provided by staff, noting that he had reviewed the emails released with the agenda packet. He started to address the issue of intent and perception. Interim City Manager Santana responded, noting that the emails and text messages included in the packet documented what occurred.

Councilmember Lam then spoke, expressing appreciation for the Interim City Manager's detailed explanation and stating that the discussion reinforced the importance of clear communication and adherence to process and urged the Council to take this as a “lesson in governance and respect for procedure.”

Acting City Attorney Creech summarized the Council’s options for further action. He clarified that if the Council wished to adopt Councilmember Lam’s statement into the record and direct additional follow- up measures, a new motion would be required to formalize those directives. Councilmember Lam agreed and made a follow-up motion that incorporated the contents of his earlier prepared remarks.

Acting City Attorney Creech restated the motion:
(1) To adopt Councilmember Lam’s written statement as part of the official Council record for the item;

Page 17 of 1283 ends

October 24, 2025 Milpitas City Council Minutes Page 4

(2) To direct the Interim City Manager to coordinate training for the City Council on governance, ethics, and communication practices;
(3) To request a public apology from Councilmember Chua to staff, the Council, and the public; and (4) To bring forward recommendations for improvements to City policy and procedure based on lessons learned from this incident.

Councilmember Lam confirmed that the restated motion accurately captured his intent. Mayor Montano seconded the motion, noting that she supported additional training and a formal apology to help the Council and community move forward.

Motion/Second: Councilmember Lam / Mayor Montano
Motion carried by the following:

AYES: Mayor Motano, Councilmember Lam
NOES: Councilmember Lien
ABSTAIN: Vice Mayor Barbadillo, Councilmember Chua

Following the vote, Mayor Montano thanked staff for their work on the report, acknowledging the difficulty of the discussion, and urged everyone to move forward for the good of the city.

ADJOURNMENT
Mayor Montano adjourned the meeting at 1:57 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

Page 18 of 1283 ends

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 11/20/2025

December 16, 2025 – Regular Meeting

CLOSED SESSION

INVOCATION (Mayor Montano)

PRESENTATION

CONSENT CALENDAR

1. Receive City Council calendar for December 2025 and January 2026 (City Clerk)

2. Approve City Council Meeting minutes of November 18 and December 2, 2025 (City Clerk)

3. Preview list of items for January 13, 2026 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Commission Appointments (City Clerk)

6. Award Professional Service Agreement for Material Testing and Inspection Services (Public Works / Engineering)

PUBLIC HEARINGS

7. AB 1600 (Finance)

8. Fee Schedule (Finance)

COMMUNITY DEVELOPMENT

9. Innovation District Parks and Trails Master Plan Study Session (Planning)

LEADERSHIP AND SUPPORT SERVICES

10. FY 2024-25 Comprehensive Annual Financial Report (Finance)

Page 19 of 1283 ends

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 Install debrillators on city properties Barbadillo 10/28/2025 An update will be provided to the City
Council on this item in November 2025
2 Place a billboard at the Sport Center to inform the
community about events and activities Montano 10/21/2025 An update on this item will be included in the
next quarterly prioritization update.
3 Explore the creation of small parks in
neighborhoods without them Montano 10/21/2025
An update on this item will be included 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:
4 Increase the amount of funding for the ADU Permit
Subsidy Council 11/4/2025
An update on this item will be included in the
next quarterly prioritization update.
5 Council Special Events Fund to provide funding for
City Councilmembers to attend local, non-political,
events where their attendance is beneficial for the
City of Milpitas Montano/Chua 11/4/2025
An update on this item will be included in the
next quarterly prioritization update.
6 Add to the existing Strategic Land Acquisition
Revenue Reserve Council 11/4/2025
An update on this item will be included in the
next quarterly prioritization update.
7 Storefront and Crime Prevention Initiative by
making funding available for businesses to focus
on public safety related physical improvements to
their storefronts. Montano 11/4/2025
An update on this item will be included in the
next quarterly prioritization update.
8 Revisit the mural selection committee process to
make it more inclusive by involving all
commissioners in the Arts Commission Montano 8/19/2025
An update on this item will be included in the
next quarterly prioritization update.
9 Expand the Milpitas SMART program to include
service to the San Jose Airport Lam 8/12/2025
An update on this item will be included in the
next quarterly prioritization update.
10 Staff explore a program similar to San Leandro’s,
which provides Ring doorbell cameras to residents Chua 8/12/2025 An update on this item will be included in the
next quarterly prioritization update.
11 Develop a project management informational
memo. Barbadillo 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
12 Look into adding an entertainment zone to Main
Street. Montano 3/4/2025
An update on this item will be included in the
next quarterly prioritization update.
13 Staff provide a detailed analysis of overtime
expenditures by department. Barbadillo 3/4/2025
An update on this item will be included in the
next quarterly prioritization update.
14 Look into a policy to require a Super Majority vote
by Council for any deductions to budget reserves. Chua 2/18/2025 An update on this item will be included in the
next quarterly prioritization update.
15 Bring back a discussion regarding fentanyl-related
issues Barbadillo 2/18/2025
An update on this item will be included in the
next quarterly prioritization update.
16 Feasibility study regarding a police satellite office. Montano 2/18/2025 An update on this item will be included in the
next quarterly prioritization update.
17 Staff organize a job fair for City job openings Chua 11/19/2024 An update on this item will be included in the
next quarterly prioritization update.
18 Bring back a study or analysis of the permit
process Chua 11/19/2024
An update on this item will be included in the
next quarterly prioritization update.
19 Explore updating the city's business tax rate
schedule Chua 10/1/2024
An update on this item will be included in the
next quarterly prioritization update.
20 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 included in the
next quarterly prioritization update.
21 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 An update on this item will be included in the
next quarterly prioritization update.
22 Conduct a traffic study on Escuela Parkway to
address circulation concerns Montano 5/7/2024
An update on this item will be included in the
next quarterly prioritization update.

NOTE: Deferred and Completed Items are not listed

Page 20 of 1283 ends

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
23 Explore the possibility of augmenting the Planning
Commission stipend Barbadillo 4/16/2024
An update on this item will be included in the
next quarterly prioritization update.
24 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
An update on this item will be included in the
next quarterly prioritization update.
25 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
An update on this item will be included in the
next quarterly prioritization update.
26 Main Street International Festival Lien 10/3/2023
An update on this item will be included in the
next quarterly prioritization update.
27 Pickleball Pilot Project Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
28 Main Street Infrastructure Projects Montano 2/28/2023 An update on this item will be included in the
next quarterly prioritization update.
29 Main Street Flooding at Library Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
30 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update on this item will be included in the
next quarterly prioritization update.
31 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update on this item will be included in the
next quarterly prioritization update.
32 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 An update on this item will be included in the
next quarterly prioritization update.
33 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 included in the
next quarterly prioritization update.
34 Consider Community Museum and Park on Main
St. Phan 8/20/2019
Discussions with the property owner of this
site are ongoing and staff is tracking
returning to council by June 2025 with an
update.

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

Page 21 of 1283 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve City Council Meeting Schedule for 2026 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 11/18/2025
Recommendation: Approve the 2026 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 City Council review and approval.

ANALYSIS:

Historically, the City Council has canceled both regular meetings in July to allow for a summer recess. In 2019, the Council also approved the annual cancellation of the first regular meeting in August to allow participation in National Night Out activities, which take place on the first Tuesday of that month. This practice has continued in subsequent years. To accommodate this schedule, staff recommends holding a Special Meeting on August 11, 2026, to consider any business that would have been addressed on August 4.

Staff further recommends scheduling Special Meetings on the second Tuesdays in January 2026 (January 13) and November 2026 (November 10). The first January meeting date falls immediately after the City Hall winter holiday closure, leaving limited preparation time for staff. In November, the election occurs on November 3rd, and staff recommends cancelling the meeting scheduled for that date, with business rescheduled to November

10. In addition, staff proposes scheduling Council study sessions in February and May 2026 to review the Preliminary Budget, Capital Improvement Program (CIP), and Operating Budget. A Special Meeting is also proposed to be scheduled on Wednesday, August 5, 2026, to accommodate election-related needs. Staff also recommends reserving placeholder dates for potential Special Meetings in April, September, and October 2026.

A draft 2026 City Council meeting calendar reflecting these recommendations has been prepared and is included in the agenda packet for Council review and confirmation.

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.

ATTACHMENT(S):
(a) 2026 Council Meeting Dates List

Page 22 of 1283 ends

City of Milpitas City Council
2026 Regular and Special Meeting Dates
Regular Meetings are Scheduled for the 1st and 3rd Tuesdays of the Month at 7:00 PM, Special Meetings are Generally Scheduled for Tuesdays at 5:30 PM or at a Day/Time Polled for by Council Consensus. Special Meetings may also be called as needed.

Date Time Meeting Type and Notes
January 13, 2026 5:30 PM Special Meeting
January 20, 2026 7:00 PM Regular Meeting
February 3, 2026 7:00 PM Regular Meeting with Mid-Year Budget Review February 10, 2026 5:30 PM Special City Council Meeting
February 24, 2026 4:00 PM FY 2026-27 Preliminary Operating Budget and FY 2027-31 Capital Improvement Program Study Session
March 3, 2026 7:00 PM Regular Meeting
March 17, 2026 7:00 PM Regular Meeting
April 7, 2026 7:00 PM Regular Meeting
April 21, 2026 7:00 PM Regular Meeting
April 28, 2026 5:30 PM Special Meeting
May 5, 2026 7:00 PM Regular Meeting
May 12, 2026 4:00 PM FY 2026-27 Operating Budget and FY 2027-31 Capital Improvement Program Study Session
May 19, 2026 7:00 PM Regular Meeting
June 2, 2026 7:00 PM Regular Meeting
June 16, 2026 7:00 PM Regular Meeting
No Meetings Scheduled in July
August 5, 2026 (Weds.) 5:30 PM Special Meeting – If needed August 11, 2026 5:30 PM Special Meeting (in lieu of August 4 due to National Night Out) August 18, 2026 7:00 PM Regular Meeting
September 1, 2026 7:00 PM Regular Meeting
September 15, 2026 7:00 PM Regular Meeting
September 22, 2026 5:30 PM Special Meeting
October 6, 2026 7:00 PM Regular Meeting
October 20, 2026 7:00 PM Regular Meeting
October 27, 2026 5:30 PM Special Meeting
November 10, 2026 5:30 PM Special Meeting (in lieu of November 3 due to Election) November 17, 2026 7:00 PM Regular Meeting
December 1, 2026 7:00 PM Regular Meeting
December 15, 2026 7:00 PM Regular Meeting

Note: The August 4 regular meeting is cancelled in observance of National Night Out, and associated business is rescheduled to Tuesday, August 11. Additionally, due to the election, the first November meeting is cancelled, with business to be conducted on November 10. Special meeting dates are subject to change.

Page 23 of 1283 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Consider Recommendations from Mayor Montano for Appointments to Rent Review Board (Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Category: Consent Calendar-Leadership and Support Services Meeting Date: 12/2/2025
Recommendation: Receive Mayor Montano's recommendations and approve and confirm recommendations for appointments to the Rent Review Board

BACKGROUND:

On October 15, 2019, the City of Milpitas adopted Chapters 2 and 3 of Title XII of the Milpitas Municipal Code related to the adoption of a rent review program and tenant protections. In particular, the ordinance outlines a process for landlords to notify tenants of rent increases and the establishment of a Rent Review Board that would hold a hearing on the potential rent increase, upon request, if the mediation process between the tenant and the landlord is not successful, per Section XII-2-9.01 of the Municipal Code,

The Rent Review Board's decision is non-binding on the parties and the rent increase shall be effective as provided in the notice of rent increase but subject to subsection XII-2-7.06 (a landlord's failure to appear renders the increase void), unless the parties enter into an agreement pursuant to subsection XII-2-9.00 of this Chapter.

On November 3, 2025, the City received a request for a Rent Review Board hearing from a tenant. Per the Municipal Code, a Rent Review Board hearing must be held within 45 days of this request (by December 19, 2025). Since the adoption of the rent review program ordinance in 2019, staff is not aware of a prior request for review that has been made to the Rent Review Board, and the seats of the Rent Review Board are not currently filled.

Per Section XII-2-5.00 of the Milpitas Municipal Code, the Board must consist of five (5) members and one (1) alternative as follows:
• Two members shall be landlord representatives who own rental units in the City of Milpitas; • Two members shall be tenant representatives who are residents of the City of Milpitas; and • One member and one alternate shall be a neutral third party who is a resident of the City of Milpitas and is neither a landlord nor a tenant;
• The Rent Review Board members shall have a demonstrated interest in the issues considered by the Rent Review Board and will be selected based on their relevant experience.

Per Section XII-2-5.01 of the Municipal Code, the Rent Review Board is intended to evaluate the reasonableness of proposed rent increases at the request of either a landlord or tenant pursuant to the rent review program set forth in the Municipal Code.

Per Section XII-2-5.02 of the Municipal Code, members of the Rent Review Board generally serve four (4) year terms, with one of the landlord seats and one of the tenant seats serving an original two (2 year term such that term of appointment for members are staggered.

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 all Commissioners are expected to attend all regular meetings. Commissioners absent from three or more meetings in a year may be subject to removal from the Commission.

Page 24 of 1283 ends

ANALYSIS:

The Mayor is expected to transmit their recommended appointments to the Rental Review Board prior to the City Council meeting. Due to timing, final names may not be available by the distribution of this agenda packet.

If not, they will distributed separately prior to the meeting. Appointments will include:

• Landlord Representatives:
• Tenant Representatives:
• Neutral Third Pary Representative:
• Neutral Third Pary Representative (alternate):

FISCAL IMPACT:

There is no fiscal impact associated with this item.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

ATTACHMENTS:

None

Page 25 of 1283 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Delegating Authority to the City Manager or Designee to Approve and Execute Project-Related Documents and Urgent Administrative Items during the City Council Winter Recess (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 12/2/2025
Recommendation: Adopt a resolution delegating authority to the City Manager, or their designee, to approve and execute project-related documents, including contract documents, and urgent administrative items during the City Council and City of Milpitas Housing Authority winter recess from after the last City Council meeting held on December 16, 2025 through January 13, 2026.

BACKGROUND:

The City Council and City of Milpitas Housing Authority have a scheduled recess between the last City Council meeting on December 16, 2024 and January 13, 2026, during which no City Council meetings are scheduled to take place. To ensure critical services and projects continue and are completed on time, it may be necessary to take action during Council recess. Therefore, it is requested the City Council and City of Milpitas Housing Authority authorize the City Manager, or their designee, to take appropriate action during the recess.

ANALYSIS:

Authorizing the City Manager, or their designee, to take appropriate actions, including signing contracts within City Council financial authority under the City of Milpitas Municipal Code, will ensure projects stay on schedule and that the City continues to provide vital services to the community. Deferring these actions until after the Council recess could lead to additional costs or delays to projects or services. A report summarizing any actions taken during the recess by the City Manager or their designee under this delegated authority will be presented to the City Council on January 13, 2026.

POLICY ALTERNATIVE(S):

Alternative: Do not approve the requested delegation of authority

Pros: Retains Council approval authority

Cons: Will not enable timely action on urgent project and administrative needs to ensure continued provision of vital services to the community.

Reason for not Recommending: Will not allow timely action to ensure the continued delivery of services to the community and time sensitive actions on projects during the Council recess.

FISCAL IMPACT:

Approval of any potential agreements or contracts are anticipated to be within the Council approved budget; therefore, there is no fiscal impact.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

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

Page 26 of 1283 ends

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.

ATTACHMENT(S):
(a) Resolution Designating City Manager Authority

Page 27 of 1283 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AND THE

HOUSING AUTHORITY TEMPORARILY DELEGATING AUTHORITY TO THE CITY

MANAGER OR DESIGNEE TO APPROVE AND EXECUTE PROJECT-RELATED

DOCUMENTS AND URGENT ADMINISTRATIVE ITEMS DURING THE CITY

COUNCIL WINTER RECESS

WHEREAS, the City Council and the Housing Authority have a scheduled recess between the last City Council meeting on December 16, 2025 and January 13, 2026, during which no regular City Council meetings will take place; and

WHEREAS, it is necessary to ensure that critical services and projects continue and are completed on time during the Council recess; and

WHEREAS, authorizing the City Manager, or their designee, to take appropriate actions, including signing contracts within the City Council’s financial authority under the Municipal Code, will ensure projects stay on schedule and that the City continues to provide vital services to the community; and

WHEREAS, deferring these actions until after the Council recess could lead to additional costs or delays to projects or services; and

WHEREAS, a report summarizing any actions taken by the City Manager or their designee during the recess under this delegated authority will be presented to the City Council on January 13, 2026; and

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

1. The City Manager, or their designee, is authorized to take appropriate actions, including the approval and execution of project-related documents and urgent administrative items exceeding $100,000, during the City Council and Housing Authority winter recess from the last City Council meeting held in December 2025 through January 13, 2026.

2. A report summarizing any actions taken by the City Manager or their designee during the recess under this delegated authority will be presented to the City Council on January 13, 2026.

PASSED AND ADOPTED this 2nd day of December 2025, by the following vote:

AYES: (0)
NOES: (0)
ABSENT: (0)
ABSTAIN: (0)

ATTEST: APPROVED:

_____________________________ ____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

_____________________________
Christopher Creech, Acting City Attorney

Page 28 of 1283 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Approving the Extension of the Memorandum of Understanding between the City of Milpitas and the Milpitas Mid-Management and Confidential Unit (Mid-Con) Covering the Period of July 1, 2025 through June 30, 2026 (Staff Contact: Kelli Parmley, Human Resources Director, 408-586- 3086; Luz Cofresí-Howe, Finance Director, 408-586-3111) Category: Consent Calendar-Leadership and Support Services Meeting Date: 12/2/2025
Recommendation: Adopt a resolution to: (1) approve the extension of the Memorandum of Understanding between the City of Milpitas and the Milpitas Mid-Management and Confidential Unit (Mid-Con) covering the period of July 1, 2025 through June 30, 2026; (2) amend the Classification Plan; and (3) amend the Adopted, Amended FY 2025-26 Operating Budget by authorizing necessary financial and personnel actions to implement the Mid-Con Memorandum of Understanding extension.

BACKGROUND:

The Memorandum of Understanding (MOU) between the City of Milpitas and the Milpitas Mid-Management and Confidential Unit (Mid-Con), an affiliate of LIUNA/UPEC expired on June 30, 2025. Thus, the City needs to extend the current MOU.

ANALYSIS:

City representatives and representatives from Mid-Con met and conferred in good faith to negotiate a new Memorandum of Understanding. The City and MEA began negotiations on April 10, 2025 and met six (6) times prior to mid-June. On June 26, 2025 the union filed for impasse with the Public Employee Relations Board (PERB) and impasse proceedings were held on August 25, 2025. The Fact Finder report was released publicly on September 8, 2025. On September 26, 2025 the City was notified the union held a strike authorization vote.

The City and the Union had open channels of communication while each prepared for a potential strike in early November. However, with the authority approved by City Council on November 4, 2025, a Tentative Agreement was reached and the strike was averted.

The Tentative Agreement has been reached with an extension of the current Memorandum of Understanding with an effective date of July 1, 2025 and will remain in effect through June 30, 2026. The Mid-Con Bargaining Group voted in favor of the Extension of the Memorandum of Understanding (Extension Agreement) on November 12, 2025. The major items of the Extension Agreement are:

28.01 July, 2025 Salary Schedule Increase: Effective the first full pay period in July, 2025, the July 2024 Salary Schedule will be increased by five percent (5%).

28.06 As soon as administratively possible following adoption of this Extension Agreement by the City Council, the City will pay each bargaining unit member a one-time lump sum, non-pensionable payment of two thousand four hundred and fifty dollars ($2,450.00).

28.07 Longevity Pay: employees shall be eligible for longevity pay as follows:
(a) Effective the first full pay-period after the employee’s 9th year of service, a longevity incentive of one percent (1%) over base pay.
(b) Effective the first full pay-period after the employee’s 14th year of service, a longevity incentive of two percent (2%) over base pay,
(c) Effective the first full-pay period after the employee’s 19th year of service, a longevity incentive of three percent (3%) over base pay,

Page 29 of 1283 ends

Section 34.04 Use of City Owned Vehicles: The City agrees to continue to provide the Emergency Management Coordinator with a take-home vehicle for the duration of the MOU.

The Extension of 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 document was available for public review starting on November 19, 2025 per the 10-day period required by the City of Milpitas Open Government Ordinance.

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 MOU with this bargaining group representing over 60 City employees who provide essential services to the Milpitas community.

FISCAL IMPACT:

The FY 2025-26 Adopted, Amended Operating Budget includes $353,853 for a 3% wage increase for Mid-Con employees. The additional recurring cost for the wage increase from 3% to 5% plus longevity is approximately $257,807. This $257,807 ongoing cost will be funded through the following recurring sources: the reduction of $75,000 in holiday lighting costs by transitioning from an external service provider to City forces for a smaller- scale production; the elimination of one full-time vacant Office Assistant position and a vacant part-time assistant in the City Manager's office for a total of $130,000; contractual savings of $43,000 through renegotiation of employee benefits; and restructuring of the Information Technology (IT) Department by converting the currently vacant IT Deputy Director position to IT Manager, reducing salary and benefits by approximately $25,000. For one-time costs associated with this negotiated MOU, the City Budget Reserves contain sufficient funds to cover the lump sum, non-pensionable expense of approximately $147,000.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

Attachment(s):
(a) Resolution Approving Mid-Con MOU Extension
(b) Exhibit A – Extension of the Memorandum of Understanding (c) Exhibit B – All Job Classifications/Salary Table Effective 07/1/2025

Page 30 of 1283 ends

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS

ADOPTING THE EXTENSION OF THE MEMORANDUM OF

UNDERSTANDING WITH MILPITAS MID-MANAGEMENT AND
CONFIDENTIAL UNIT, AN AFFILIATE OF LIUNA/UPEC LOCAL 792, FOR THE PERIOD OF JULY 1, 2025, THROUGH JUNE 30, 2026, APPROVING AND ADOPTING THE PAY SCHEDULE TITLED “ALL JOB
CLASSIFICATIONS/SALARY TABLE”, AND AMENDING THE ADOPTED, AMENDED FY 2025-26 OPERATING BUDGET BY AUTHORIZING

NECESSARY FINANCIAL AND PERSONNEL ACTIONS TO IMPLEMENT THE

MID-CON MEMORANDUM OF UNDERSTANDING EXTENSION

WHEREAS, the most recent Memorandum of Understanding (MOU) between Milpitas Mid- Management and Confidential Unit (Mid-Con), an affiliate of LIUNA/UPEC Local 792, and the City of Milpitas covered the period of July 1, 2023 through June 30, 2025; and

WHEREAS; representatives of Mid-Con and UPEC Local 792 and the City of Milpitas met in good faith and negotiated a successor MOU; and

WHEREAS, the Extension of the MOU between Mid-Con and the City of Milpitas shall be effective July 1, 2025, through June 30, 2026, a copy of which is attached as “Exhibit A.”

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

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

2. The Extension of the MOU between Milpitas Mid-Management and Confidential Unit 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 hereby approves and adopts Exhibit B, the pay schedule “ALL JOB CLASSIFICATIONS/SALARY TABLE effective July 1, 2025,” which shall supersede the prior classification/salary table.

4. The City Council hereby approves and amends the Adopted, Amended FY 2025-26 Operating Budget by authorizing necessary financial and personnel actions to implement the Mid-Con Memorandum Of Understanding Extension.

PASSED AND ADOPTED this ______ day of ___________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page 31 of 1283 ends

2 Resolution No. xxxx

ATTEST: APPROVED:

___________________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

_________________________________
Christopher Creech, Interim City Attorney

Page 32 of 1283 ends

Page 1 of 2 ends

EXTENSION OF THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN

THE CITY OF MILPITAS AND THE MID-MANAGEMENT AND CONFIDENTIAL UNIT
The City of Milpitas and the Milpitas Mid-Management and Confidential Unit (“Union”), through their designated bargaining representatives, hereby agree that the term of the parties’ Memorandum of Understanding (“MOU”), presently in effect from through June 30, 2025, will be extended for a period of twelve months, from July 1, 2025 until June 30, 2026. Except as expressly revised below, all terms and conditions of the MOU shall remain in full force and effect for the term of the extension.

The following sections of the MOU are revised as follows:

PREAMBLE
The second paragraph of the Preamble of the MOU is revised to provide that the term of the MOU is extended by twelve months, to expire on June 30, 2026.

SECTION 28 – SALARY

28.01 July, 2025 Salary Schedule Increase: Effective the first full pay period in July, 2025, the July 2024 Salary Schedule will be increased by five percent (5%).

28.06 [NEW] As soon as administratively possible following adoption of this Extension Agreement by the City Council, the City will pay each bargaining unit member a one-time lump sum, non-pensionable payment of two thousand four hundred and fifty dollars ($2,450.00).

28.07 [NEW] Longevity Pay: employees shall be eligible for longevity pay as follows:
(a) Effective the first full pay-period after the employee’s 9th year of service, a longevity incentive of one percent (1%) over base pay.
(b) Effective the first full pay-period after the employee’s 14th year of service, a longevity incentive of two percent (2%) over base pay,
(c) Effective the first full-pay period after the employee’s 19th year of service, a longevity incentive of three percent (3%) over base pay,

Section 34.04 Use of City Owned Vehicles: The City agrees to continue to provide the Emergency Management Coordinator with a take-home vehicle for the duration of the MOU.

All other terms and conditions in the MOU shall remain status quo for the term of the extension.

Docusign Envelope ID: FF80C538-0EFD-4ABA-B87F-AC9CD2CD334C

Page 33 of 1283 ends

Page 2 of 2 ends

Richard C. Bolanos, LCW

Ryan Heron, UPEC Local 792
November 13, 2025

Kelli Parmley

Toni-Lynn Charlop
November 13, 2025

Deanna J. Santana Liz Medina
November 13, 2025

Docusign Envelope ID: FF80C538-0EFD-4ABA-B87F-AC9CD2CD334C

Page 34 of 1283 ends

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF MILPITAS

AND

UNITED PUBLIC EMPLOYEES OF CALIFORNIA
(UPEC LOCAL 792, AFL-CIO)

(MID-MANAGEMENT AND CONFIDENTIAL UNIT)

July 1, 2019 – June 30, 2023

Page 35 of 1283 ends

TABLE OF CONTENTS

SECTION 1.00 - EMPLOYEE RIGHTS .............................................................................................................. 3 SECTION 2.00 - CITY RIGHTS ........................................................................................................................... 4 SECTION 3.00 – DISCIPLINE ............................................................................................................................. 6 SECTION 4.00 - LAYOFF ..................................................................................................................................... 8 SECTION 5.00 - RESIGNATION ......................................................................................................................... 9 SECTION 6.00 - OTHER EMPLOYMENT ........................................................................................................ 9 SECTION 7.00 – GRIEVANCE PROCEDURE ................................................................................................ 10 SECTION 8.00 - ANNUAL VACATION LEAVE ............................................................................................. 14 SECTION 9.00 - SICK LEAVE ........................................................................................................................... 15 SECTION 10.00 - FAMILY LEAVE .................................................................................................................. 16 SECTION 11.00 - COMPASSIONATE LEAVE ............................................................................................... 16 SECTION 12.00 - MILITARY LEAVE .............................................................................................................. 17 SECTION 13.00 - LEAVE OF ABSENCE ......................................................................................................... 17 SECTION 14.00 - JURY LEAVE ........................................................................................................................ 18 SECTION 15.00 - WORKERS’ COMPENSATION LEAVE........................................................................... 18 SECTION 16.00 – OVERTIME (FLSA NON EXEMPT, HOURLY EMPLOYEES ONLY) ....................... 19 SECTION 17.00 MANAGEMENT LEAVE PAY (FLSA EXEMPT EMPLOYEES) .................................. 20 SECTION 18.00 - HOLIDAYS ............................................................................................................................ 20 SECTION 19.00 - TRAINING ............................................................................................................................. 21 SECTION 20.00 – ALTERNATIVE WORK WEEK AND FLEXIBLE SCHEDULES ................................ 22 SECTION 21.00 – ATTENDANCE (FLSA NON EXEMPT, HOURLY, EMPLOYEES) ............................. 22 SECTION 22.00 - PAY PLAN ............................................................................................................................. 23 SECTION 23.00 - RETIREMENT PLAN .......................................................................................................... 25 SECTION 24.00 - RETIREE DEPENDENT HEALTH CARE ........................................................................ 27 SECTION 25.00 - BENEFITS ............................................................................................................................. 28 SECTION 26.00 - TEMPORARY UPGRADE PAY/SPECIAL ASSIGNMENT PAY .................................. 29 SECTION 27.00 - NO DISCRIMINATION ....................................................................................................... 30 SECTION 28.00 - SALARY ................................................................................................................................. 30 SECTION 29.00 - CLASSIFICATION AND TOTAL COMPENSATION STUDIES ................................... 31 SECTION 30.00 – BILINGUAL PAY ................................................................................................................. 31 SECTION 31.00 – EYEGLASS REIMBURSEMENT ...................................................................................... 31 SECTION 32.00 - MOU NEGOTIATIONS ....................................................................................................... 31 SECTION 33.00 - EMPLOYEE FITNESS PROGRAM ................................................................................... 32 SECTION 34.00 - MILEAGE REIMBURSEMENT ......................................................................................... 32 SECTION 35.00 - TUITION REIMBURSEMENT ........................................................................................... 32 SECTION 36.00 - REPLACEMENT OF PERSONAL ARTICLES ................................................................ 32 SECTION 37.00 - EMPLOYEE ASSISTANCE PROGRAM........................................................................... 33 SECTION 38.00 - NO STRIKE CLAUSE .......................................................................................................... 33 SECTION 39.00 - SAVINGS CLAUSE .............................................................................................................. 33

Page 36 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 3 -

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MILPITAS

THE MID-MANAGEMENT AND CONFIDENTIAL UNIT,
REPRESENTED BY UPEC LOCAL 792, AFL-CIO

July 1, 2019 – June 30, 2023

PREAMBLE

The term of this Memorandum of Understanding ( MOU) is from July 1, 201 9 through June 30, 2023.

This MOU shall apply to represented permanent and probationary employees hereafter r eferred to as “employee(s)” unless otherwise specifically indicated, assigned to those classes listed in the salary schedule set forth in Appendix “ A” attached hereto. When classes are created which the City determines fall under the representation of the Union, this MOU shall also apply.

Appendix “A” also indicates whether employees covered by this MOU are “hourly non -exempt” employees whom the City pays overtime or “exempt” employees whom t he City does not pay overtime.

SECTION 1.00 - EMPLOYEE RIGHTS

Any employee in the City's competitive service may join, organize or maintain membership in a labor organization if the employee so desires. The City neither encourages nor discourages these activities, nor does membership or non -membership in any labor o rganization affect the employee's standing or right as a City employee. The right to join, organize, or maintain membership in a labor organization is also extended to any association of municipal employees not identified with any labor organization. The right to join a labor union or any association of municipal employees also includes the right not to join. Any employee desiring to join, remain a member, or become independent of any such organization or association must be free to exercise their right without undue influence, coercion, intimidation, or pressure of any kind from any person.

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

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

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

Page 37 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 4 -

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

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

1.03 In accordance with A.B. 119 (2017), every one (1) month, the City shall remit all sums deducted to the Union. The City will share with Mid Con the following information related t o newly hired employees: the name, job title, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of all employees within 30 days of the new hire and will provide an accumulated total annual amount deducted per employee.

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

SECTION 2.00 - CITY RIGHTS

2.01 Unless specifically in conflict with this MOU or any formal legislative action by the City Council (i.e. resolution or ordinance), all management rights shall remain vested exclusively with the City. City management rights include, but are not limited to, the following rights, which the City may exercise in its discretion:

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

2.02.2 To set standards of service;

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

2.02.4 To take disciplinary action for just and sufficient cause(s);

2.02.5 To determine the procedures and standards of selection for employment;

Page 38 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 5 -

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

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

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

2.02.9 To determine the procedure and standards for selection for employment and determine the content of job classifications;

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

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

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

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

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

2.02.15 To layoff employees by position for reasons such as elimination of positions through City Council resolut ion, lack of work, budgetary considerations (including without limitation lack of funds or revenue downturn), reorganization, and failed probation so long as the reason is legitimate.

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

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

2.02.18 The parties acknowledge that the City shall have the right to amend its personnel rules and regulations, personnel ordinances and resolutions, and employer-employee relations resolution during the term of the Memorandum of Understanding. Such rules and policies may be implemented following compliance with the Meyers-Milias-Brown Act.

Page 39 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 6 -
SECTION 3.00 – DISCIPLINE

3.01 Grounds for Discipline

Discipline shall be imposed for good cause based upon, but not limited to, the following conduct:

3.01.1 Fraud in securing appointment or falsification concerning records, fellow employees, or work performed;

3.01.2 Failure to perform satisfactorily the duties and responsibilities of an employee's classification;

3.01.3 Neglect of duty;

3.01.4 Insubordination;

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

3.01.6 Dishonesty or misuse of, or misappropriation of City property and funds;

3.01.7 Conviction of any crime relating to the function of an employee's classification;

3.01.8 Unauthorized absence;

3.01.9 Non-observance of employee’s work hours, includ ing tardiness, and abuse of sick leave privileges;

3.01.10 Discourteous or non-cooperative treatment of the public or other employees;

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

3.01.12 Any discriminatory act or omission based on race, age, sex, religion, political opinion or affiliation, national origin, marital status, physical or mental disability, color, creed, ancestry, sexual orientation, or m edical condition towards employees, applicants, independent contractors, City Council and Commission members, and/or citizens.

3.01.13 Violation of any condition of employment set forth in the Municipal Code, Personnel Rules and Regulations, City or depar tment policies or procedures, or Memoranda of Understanding approved by formal action of the Council;

3.01.14 Violation of the City department’s or this MOU’s outside employment work policy;

3.01.15 Knowingly filing or pursuing a false charge;

Page 40 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 7 -

3.01.16 Acceptance of a gift or gratuity for performing a City employment related favor or service;

3.01.17 Threats of violence or a cts of unjustified non -defensive violence towards fellow employees or members of the public in the workplace.

3.02 Types of Disciplinary Actions

3.02.1 Written Reprimand: A written memorandum outlines the violation(s) 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.

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

3.02.2 Suspension: In the event of more severe or repeated violations, the employ ee 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.

3.02.3 Reduction in Salary Range: In the event of more severe or repeated violations, the employee's salary ma y be reduced by the City within the range for the position held. Such reduction in salary may be made on a permanent or temporary basis.

3.02.4 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 may be made on a permanent or temporary basis.

3.02.5 Termination of Employment: In the event of more severe or repeated violations, the City may dismiss the employee from City service.

3.03 Pre-Disciplinary Procedures

In the case of a termination, demotion, suspension , reduction in salary, or involuntary disciplinary demotion, the following pre-disciplinary procedures shall apply:

3.03.1 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

Page 41 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 8 -
regulations and policies;

(d) The materials upon which the action is based;

(e) The opportunity of the employee to respond to the charge(s) in writing and/or in person before a designated City representative at a specified place and time; and

(f) The right of the employee to have a representative present at any disciplinary meeting or hearing.

3.03.2 Any employee who desires to respond orally may do so by appearing at the appointed place and time. However, 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.

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

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

3.04 Appeal: An employee may appeal a termination, suspension, reduction in salary, or involuntary disciplinary demotion in the same manner as a grievant may appeal a grievance determination as set forth in Section 7.03.6. of this MOU.

SECTION 4.00 - LAYOFF

4.01 Any layoff shall be according to the p rocedures and seniority as defined in Municipal Code Section VI-102.

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

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

Page 42 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 9 -

4.01.3 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 classification for three (3) years.

SECTION 5.00 - RESIGNATION

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

SECTION 6.00 - OTHER EMPLOYMENT

6.01 Employees may engage in other employment or business ac tivity that does not conflict with the employee's duties and which does not involve time demands that would reduce the employee's efficiency.

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

6.02.1 Involves the us e 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.

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

6.02.3 Involves the perform ance 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.

6.02.4 Involves such time demands as would reduce the employee’s efficiency or safe operations of equipment, such as sleep deprivation or physical exhaustion prior to start of employee ’s shift. In no case shall the employee conduct non City business during City work hours.

6.03 Employees must obtain approval from their Department Head and the Hum an Resources Director of other employment or business activities in writing prior to engaging in such activities. Disapproval of other employment may be appealed to the City Manager whose decision shall be final

Page 43 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 10 -
SECTION 7.00 – GRIEVANCE PROCEDURE

7.01. Definitions

7.01.1 For the purposes of this section, a “grievance” is any dispute, which involves the interpretation or application of this MOU, or appeal of certain formal disciplinary actions. If any party initiates litigation including but not limit ed to administrative proceedings with a state or federal agency such as OSHA, EEOC, DFEH, PERB, etc. concerning a matter which is otherwise subject to the grievance process, the other party may (at their discretion) deem the litigating party as having elec ted judicial/administrative remedies and waived any rights under this grievance procedure. Performance appraisal reviews are not grievable.

7.01.2 A “grievant” is any employee adversely affected by an alleged violation of the specific provisions of the M OU, or the Union, on behalf of one or more employees in the Mid -Management and Confidential Unit adversely affected by an alleged violation of the specific provisions of the MOU.

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

7.01.4 “Employee organization” is the Mid -Management and Confidential Uni t, represented by UPEC Local 792, AFL-CIO.

7.02 General Provisions

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

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

7.02.3 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.

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

7.02.5 Every effort will be made to schedule meetings for the processing of grievances at times which will not interfere with the regular working day of the participants. If any grievance meeting or hearing must be scheduled during duty hours, any employee re quired 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

Page 44 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 11 -
provided for off -duty time except for witnesses requested to testify by the City.

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

7.02.7 An employee may at any time present grievances to the City and have such grievances adjusted w ithout the intervention of the Union, as long as the adjustment is reached prior to arbitration and is not inconsistent with the terms of this MOU or the Personnel Rules; provided that the City shall not agree to a resolution of a grievance until the emplo yee organization has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.

7.02.8 The City and the Union may agree to consolidate grievances at any level.

7.03 Procedure

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

7.03.2 Element of a Grievance

The written grievance shall include:

(a) a description of the specific facts and grounds upon which the grievance is based including names, dates, and places necessary for a complete understanding of the grievance;
(b) a specific explanation of how the grievant has been adversely affected; (c) listing of the provisions of the MOU, which are alleged to have been violated;
(d) a listing of specific actions requested by the grievant of the City which will remedy the grievance, including a specific dollar amount, and the basis for the dollar amount, of any alleged damages at issue, provided the employee has access to relevant financial data;
(e) a statement declaring self-representation or the selection of representation by the Union for said grievance;
(f) the printed name and signature of the grievant;
(g) the name, address and telephone number of t he person(s) to whom notices may be sent regarding the grievance; and
(h) date of grievance.

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

Page 45 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 12 -

7.03.3 Informal Resolution

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

7.03.4 Level I – Department Head

If the employee is n ot in agreement with the informal decision rendered, he/she shall have the right to file a formal written appeal to the Department Head (with a copy to the Human Resources Director) within fifteen (15) working days after the date a decision has been render ed. The appeal shall include a copy of the written response(s) provided by the City during the informal step of this grievance procedure. The appeal shall contain an explanation why the grievant believes the decision at the informal grievance step was un satisfactory. The Department Head shall consider the grievance, and submit a written response within fifteen (15) working days.

7.03.5 Level II– Human Resources Director

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

7.03.6 Level III– 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 (with a copy to the Human Resources Director) within ten (10) working days after the date a decision has been rendered at Level II.

This appeal shall include a copy of the written grievance, the grievant’s appeal to Level II, and any written response(s) provided by the City during the prior steps of the grievance process. The appeal shall contain an explanation why the grievant believes the decision at Level I I was unsatisfactory. The City Manager shall c onsider the grievance, and submit a written response within

Page 46 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 13 -
fifteen (15) working days. Unless the grievance is subject to arbitration (as defined herein), the City Manager’s decision is final.

7.03.7 Level IV – Arbitration

(a) In the case of a disciplin ary appeal of a termination, suspension , reduction in salary, or involuntary disciplinary demotion, an employee may appeal to arbitration as set forth in this Section a final disciplinary decision made under Section 3.03.4 of this MOU.

In the case of a g rievance concerning interpretation or application of this MOU, and if the grievance is otherwise subject to arbitration, and the Union is not satisfied with the decision of the City Manager, the Union may within fifteen (15) working days of the date of the City Manager’s decision submit a request in writing to the Human Resources Director that the grievance be submitted to arbitration. The Union 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 Union so requests, an arbitrator shall hear the merits of any issue raised regarding arbitrability of a grievance first.

No hearing on the merits of the grievanc e will be conducted until the issue of arbitrability has been decided. If the issue of arbitrability is heard by an arbitrator and the arbitrator decides the underlying dispute is arbitrable, a different arbitrator shall hear the merits of the underlying grievance, if the City or the Union so requests.

(c) The arbitrator shall, as soon as possible, hear evidence and render a decision on the issues or issues. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issue s 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 sele cted 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 a decision which is final and binding on all parties.

Page 47 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 14 -
(f) The fees and expenses of the ar bitrator and the certified court reporter shall be shared equally by the City and the Union. The one exception is that the City shall pay all the fees and expenses of the arbitrator for employee appeals of disciplinary actions in which the Union chooses not to represent the employee at the appeal. 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 witnesse s called by the other.

A party requesting a transcript shall bear the cost thereof; or if each party receives a copy the cost will be shared equally.

(g) This grievance procedure is the exclusive remedy to resolve disputes as described herein.

SECTION 8.00 - ANNUAL VACATION LEAVE

8.01 All employees shall be entitled to paid annual vacation leave beginning at the end of the first six months of service with the City. However, vacation credits shall be accrued beginning with the date of initial appointme nt. For non -exempt employees, vacation is earned on the basis of hours in paid status. For purposes of this section, a “working day” shall refer to eight (8) work hours.

8.01.1 During the first through fourth years of service, vacation shall be accrued at the rate of 11 working days per year for hourly employees, and 16 working days per year for exempt employees.

8.01.2 Beginning the fifth year of employment through the ninth year of employment, vacation shall be accrued at the rate of 16 working days per year for hourly employees, and 21 working days per year for exempt employees.

8.01.3 Beginning the tenth year of employment through the fourteenth year of employment, vacation shall be accrued at the rate of 21 working days per year for hourly employees, and 26 working days per year for exempt employees.

8.01.4 Beginning the fifteenth year of employment through the nineteenth year of employment, vacation shall be accrued at the rate of 26 working days per year for hourly employees, and 31 working days per year for exempt employees.

8.01.5 Beginning and following the twentieth year of employment, vacation shall be accrued at the rate of 31 working days per year for hourly employees, and 36 working days per year for exempt employees.

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

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

Page 48 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 15 -
employees may be permitted to take vacation leave not to exceed the equivalent of on e work week.

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

8.05 On the last day of the pay period that includes December 31 in 2019 (going forward effective June 1st 2020), no employee may accumulate and carry-over a vacation balance in excess of 260 work -hours, without the express approval o f the City Manager or designee. On the first full pay period after December 31, 2019 and then going forward June 1st, any hours above 260 will be cashed out . No employee shall be allowed to be on paid leave for a period of over three-hundred and twenty (320) consecutive work hours.

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

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

8.08 Each fiscal year, an employee may elect to cash out up to forty (40) hours of accrued vacation, except for employees whose annual vacation balance at the time of requested cash out exceeds 15 working days per year who may cash out up to eighty (80) hours, as follows:

8.08.1 The employee uses at least one full workday of paid vacation leave. Vacation cash-outs must be reques ted in advance and are contingent upon having an approved vacation leave within thirty (30) days, either before or after; or

8.08.2 Requests for cash -outs other than during approved vacations must be submitted to Finance for payment in June by May 31st o r in December by November 30th of each year.

SECTION 9.00 - SICK LEAVE

9.01 Employees shall be granted paid sick leave credits beginning with date of original employment at the rate of twelve (12) prorated days for each year of service. Employees become eligible to take accrued sick leave upon completion of one full month of continuous service. Sick leave is not a privilege, which an employee may use at the employee's discretion, but shall be allowed only in case of necessity and actual sickness or dis ability. Medical and dental appointments should be scheduled and approved in advance. The City Manager shall direct and enforce such administrative control as may be necessary to prevent abuse of sick leave privilege.

Page 49 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 16 -

9.02 Employees who work less than f ull-time shall earn the sick leave described above on a pro-rated basis.

9.03 For employees hired on or before July 17, 1999, the City agrees to pay an employee who is separating from the City in good standing with at least five (5) years of service an amount equal to 2 -1/2% per year of service for unused accrued sick leave. The pay -out formula shall be: 2.5% x years of service x highest hourly rate x sick leave hours accrued.

Good standing shall be based on the employee's overall work record and the decis ion of the Human Resources Director. (See Sections 21.05 and 21.05.1.)

9.04 For employees hired on or before July 17, 1999, each November, an employee with five or more years of service may elect to cash out accrued sick leave. Payout shall be in accordance with appropriate pay out formulas described in section 9.03. However, the maximum annual amount an employee may cash out shall not exceed 50% of the employee's sick leave balance and cannot result in the employee’s sick leave balance dropping below 240 hours.

9.05 The City agrees to provide PERS Credit for Unused Sick Leave provision (20965). (See MOU Section 23.05.1.)

SECTION 10.00 - FAMILY LEAVE

10.01 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.

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

10.01.2 Spouse shall include registered domestic partner.

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

10.01.4 Each employee shall be allowed to use a maximum of up to 50% of the employee’s annual accrued sick leave per calendar year for this purpose.

Additional leave may be granted in unusual circumstances by the Human Resources Director.

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

SECTION 11.00 - COMPASSIONATE LEAVE

Page 50 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 17 -

11.01 The City agrees to provide compassionate leave when death occ urs to a member of the employee’s immediate family not to exceed forty hours for hourly employees and one regular workweek for exempt employees.

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

11.03 Salary paid during this leave is not deducted from any leave balance. Additional leave may be granted in special circumstances by the Human Resources Director.

11.04 In special circumstances, the Human Resources Director may allow an employee to utilize compassionate leave for individuals who are not members of the employee’s immediate family.

SECTION 12.00 - MILITARY LEAVE

12.01 Military leave shall be granted, in accordance with the provisions of State and Federal Law. Employees entitled to mili tary leave shall give the City 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 a leave of absence without pay not to exceed one year. Leave shall be considered upon written request of the employee.

13.01.1 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 in a leave without pay status shall not earn any employment benefits (including, but not limited to, such benefits as vacation leave, medical benefits, sick leave, retirement benefits, credit for time employed or seniority entitlements of any kind) for the period of such status. It is the intent of this subsection that an employee 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 or designee may authorize continuation of the employee' s elected medical and/or dental coverage for all or part of the duration of leave without pay. This shall be done only in extraordinary circumstances and when it is deemed to be in the best interest of the City.

Page 51 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 18 -

13.02 A Department Head shall have the aut hority to approve an unpaid leave not to exceed 160 work hours for hourly employees (and four weeks for exempt employees) per fiscal year.

13.03 Nothing herein shall preclude an employee from waiving in writing the right to reinstatement as a condition t o approval for a leave of absence. Any employee who waives the right may be reinstated in accordance with the City's Personnel Rules & Regulations as if they had been subject to a reduction in force, except that they shall be placed at the bottom of a reemployment list for any position for which they qualify.

SECTION 14.00 - JURY LEAVE

14.01 When called to jury service, an employee 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 while on jury leave for jury service shall be remitted to the City, except for mileage allowance and out -of-pocket expenses.

SECTION 15.00 - WORKERS’ COMPENSATION LEAVE

15.01 An employee unable to work because of a work -related illness or injury is eligible for workers’ compensation leave, provided that the employee has notified superiors of the illness or injury and the claim has not been denied by the Hu man Resources Director or workers’ compensation insurance administrator authorized by the City.

15.02 For all employees, workers’ compensation leave per incident shall be paid up to a maximum of 320 hours as follows:

Hours of Leave Percent of Salary Paid
First 80 hours 100%
Next 240 hours 80%

This leave shall cover all time off from work related to the injury, including doctor's appointments and therapy treatments, provided that said hours do not exceed available workers' compensation leave. Followi ng a maximum of 320 hours of workers' compensation leave, the City shall discontinue direct workers' compensation payments to the employee. This benefit shall be prorated based on the budgeted position. An employee may apply separately for long -term disa bility insurance, which becomes effective after 320 hours of workers' compensation.

Any employee sustaining such injury or disability may be entitled to compensation to the extent provided by the State Workers' Compensation Insurance Act. An employee who

Page 52 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 19 -
has exhausted eligible workers' compensation leave shall receive full salary to the extent the employee's accrued sick leave, compensatory time off (CTO) , or vacation time may be integrated.

15.03 An employee returning from a work -related injury shall be reinstated to the position occupied at the time the injury occurred subject to written release by the attending physician.

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

15.05 The City is currently developing a policy on the subject of light duty. Mid - Management/Confidential agrees to meet and confer with the City during the term of th e MOU regarding the policy.

SECTION 16.00 – OVERTIME (FLSA NON EXEMPT, HOURLY EMPLOYEES ONLY)

16.01 Hourly employees who work more than forty hours in a workweek shall be entitled to overtime as follows:

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

16.01.2 In the event the City requires the hourly employee to work overtime, overtime pay or accrual of CTO shall be at the discretion of the employ ee. However, the determination as to whether overtime pay or CTO shall be taken must be made by the employee at the time the “Request for Additional Pay” form is submitted to the supervisor for signature.

16.01.3 Employees who work less than eight (8) mi nutes beyond their normal work hours shall not receive overtime.

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

16.01.5 A minimum of two hours pay or its equivalent in compensatory time off at the option of the employee shall be guaranteed for any hourly employee, at the rate of time and one -half, who after leaving their place of duty is required without prior notice to return for emergency duties.

16.01.6 CTO may be accrued by the employee throughout the year. However, the accrued hours may not exceed one hundred and sixty hours (160) as of the last day of the pay period that includes December 1 st, 2019 and going forward June 1st. Effective immediately, hours in exc ess of one hundred and sixty (160) hours during a payperiod shall be paid to the employee in that same payperiod. The employee’s CTO accrual bank will never exceed one hundred and sixty (160) hours.

Page 53 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 20 -

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

SECTION 17.00 MANAGEMENT LEAVE PAY (FLSA EXEMPT EMPLOYEES)

17.01 Accruals: Effective July 1, 2019 all exempt employees will be eligible for 20 hours (prorated) of Management Leave Pay. Exempt employees will continue to receive 40 hours of Management Leave added to their Floating Holiday Bank on the pay period following December 31.

Employees appointed to an eligible classification will receive a prorated amount (from 40 hours) of Management Leave based on their hire date (number of months they will work in a calendar year.)
Hours can be taken in any increments, a full 8-hour day is not required.

17.02 Eligibility: All employees shall be eligible for Management Leave beginning with their date of appointment. Prior approval must be received from the Department Head in order to utilize.

17.03 Carryover: All hours must be used by the end of the pay period that includes December 31 or they will be removed by Payroll.

17.04 Cash Out: Employees cannot cash out Management Leave hours. Remaining balance will not be available for cash out during termination, resignation, or retirement.

SECTION 18.00 - HOLIDAYS

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

1. January 1 (New Year's Day)

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

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

4. March 31 (Cesar Chavez Day)

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

6. July 4 (Independence Day)

7. First Monday in September (Labor Day)

8. November 11 (Veteran's Day)

9. Thanksgiving Day

10. Day after Thanksgiving

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

12. Christmas Day

Page 54 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 21 -

13. One Floating Holiday1

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

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

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

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

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

SECTION 19.00 - TRAINING

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

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

19.01.2 For hourly employees, overtime or compensatory time off whenever an employee’s combined training time and work time exceeds forty (40) hours in a work week;

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

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

1 Each employee shall receive one "Floating Holiday" every calendar year. T he Floating Holiday will become effective the first day of January or on the date of hire. Floating Holiday must be used during the calendar year accrued; otherwise, they will be lost. Prior approval must be received in order to utilize the Floating Holi day.

Page 55 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 22 -
SECTION 20.00 – ALTERNATIVE WORK WEEK AND FLEXIBLE SCHEDULES

20.01 All employees shall work a standard bi-weekly schedule of eighty (80) hours unless an Alternative Work Schedule has been approved by employee Department Head and City Manager.

20.02 All employees covered by this MOU who have been designated exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) may, with prior approval, use FLEXIBLE SCHEDULING for absences of less than a regular work day in recognition of extra hours worked that same pay period, subject to Department Head approval.

All Mid Con employees may propose an alternate work schedules and the request shall be evaluated within each department for each position. Alternate work schedules may not be appropriate for all departments or all employees. In reviewing requests, the City shall take into consideration the City's desire to maintain a level of service, determined by the City, in addition to the employees’ needs. Upon Department Head approval the Department Head shall make a recommendation to the City Manager to approve the employees request for an Alternate work schedules, which could include a 9/80, 4/10s or Telecommuting. All schedules must comply with the Fair Labor Standards Act (FLSA) for pay purposes. Departments must designate a workweek for non-exempt (hourly) employees to determine overtime if outside of the City regularly stated work schedule.

SECTION 21.00 – ATTENDANCE (FLSA NON EXEMPT, HOURLY, EMPLOYEES)

21.01 Unauthorized Absence

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

21.01.2 Employees should notify their supervisors of the need to miss work. An employee’s failure to report to his/her supervisor or higher authority his/he r absence at or prior to the beginning of the shift may result in an unauthorized absence.

21.02 Breaks for Hourly Employees

21.02.1 Employees shall be entitled to two fifteen (15) minute breaks during each standard workday.

21.02.2 No employee shall s chedule a break at such time as to leave the office in which the employee works unstaffed.

Page 56 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 23 -

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

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

21.02.3 For workdays from 8:00 a.m. to 5:00 p.m., the morning break shall be taken between 9:30 a.m. and 11:00 a.m., and the afternoon break shall be taken between 2:30 p.m. and 4:00 p.m. For irregular workdays, breaks shall be taken after the first one - and-one-half hours and before the last hour of each half shift.

SECTION 22.00 - PAY PLAN

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

22.02 In administering the Pay Plan, the following rules shall be observed for non -exempt hourly employees:

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

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

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

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

Page 57 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 24 -

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

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

22.03 In administering the Pay Plan, the following rules shall be observed for exempt employees:

22.03.1 A salary shall be paid within the range established for that classification. The minimum rate for th e classification generally shall apply upon original appointment. However, when circumstances warrant, appointment may be made at a higher level upon approval of the City Manager or Human Resources Director.

22.03.2 Eligibility for salary advancement occ urs on the employee’s anniversary date, provided that the maximum level of the established compensation range has not been met. Advancement shall be based upon satisfactory performance documented in a Performance Appraisal Review completed in a timely manner. In addition, a merit increase prior to the normal anniversary date may be granted to a permanent employee for outstanding performance or unusual employment conditions at any time, on the recommendation of the Department Head and the approval the City Manager.

22.03.3 Advancement shall be at an amount recommended by the Department Head and approved by the City Manager.

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

22.05 Salary Following Promotion

Employees receiving a promotion to a position within the bargaining unit shall receive at least a 5% increase in salary unless limited by the maximum salary range.

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

22.07 "Y" Rate Policy: Whenever an employee would sustain an actual decrease in salary as a result of downward reclassification or reorganization within an existing department unit,

Page 58 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 25 -
without fault or inability on the part of the employee, the City Council shall adopt a "Y" rate to apply only to the employee so affected. A "Y" rate is defined as a monthly salary rate for an individual employee, which is greater than the established range for the employee's class. An employee for whom a "Y" rate is established shall not receive any increase in salary until such time as the employee' s rate of compensation is within the established range for the employee's class. An employee who accepts a reassignment to a lower paid position in-lieu of layoff, shall not be "Y" rated.

22.08 During the term of this MOU the City shall endeavor to review classifications in the Mid- Management/Confidential Unit.

SECTION 23.00 - RETIREMENT PLAN

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

23.02 The City will provide the 2% at 60 CalPERS retirement plan based on the highest 3 ye ar annual average pensionable compensation to all new hires (Section 20475: Different Level of Benefits Provided for New Employees) and Section 20037 (Three -Year Final Compensation) hired on or after October 9, 2011 (City Council Adoption). Employee shall be responsible for the employee portion of the contribution to PERS Retirement.

23.03 For employees hired before October 9, 2011 , the City shall continue, during the term of this MOU, the present retirement plan, commonly referred to as the 2.7% at 55 pl an, including the final year compensation amendment and 1959 Survivors Benefit in full force and effect.

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

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

Effective the first full pa y period including July 1, 201 7, employees will no longer contribute toward the employer PERS contribution rate.

23.05 Upon retirement, disability retirement, or death, for those employees who were hired on or before July 17, 1999, and who had at least f ive (5) years of service, the City shall pay the separating employee or his or her estate, for unused accrued sick leave. The amount paid shall be equal to 2.5% per year of service for unused accrued sick leave. The

Page 59 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 26 -
pay-out formula shall be: 2.5% x years of service x highest hourly rate x sick leave hours accrued.

23.05.1 Upon retiring with PERS, all employees shall be eligible for the PERS Credit for Unused Sick Leave provision (20965) of the City’s PERS Retirement plan.

Employees hired on or before Jul y 17, 1999, may elect either the pay -out formula in Section 21.04 or the PERS Credit for Unused Sick Leave plan.

23.06 For the purpose of this section, an employee who is retiring is one who has submitted an application for retirement and retires under th e Public Employees Retirement System (PERS).

23.07 Retiree Medical

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

23.07.2 For permanent employees hired on or after July 1, 1995, the City agrees to pay up to the single, medical premium rate (at a rate no higher than any single plan paid by City of active employees), as long as the retiree maintains enrollment in one of the eligible health plans and shall be subject to the following provisions with respect to the retirement benefits:

(a) Upon completion of the fifth through the ninth year of service, and upon retirement, the City shall provide 25% of the medical insurance premium payment for the employee only, as long as the employee remains in one of the City sponsored eligible health care programs.

(b) Upon completion of the ninth year, this payment of the retiree's medical insurance shall increase to 50%.

(d) Upon completion of the nineteenth year, this payment of the retiree's medical insurance shall increase to 100%.

(e) Once any retiree becomes Medicare eligible, the City shall pay up to the appropriate Medicare rate per the above sections.

(f) Retirees may elect to continue coverage for dependents under the retiree group medical plan provided that the dependent is covered by the group plan at the time the employee retires and maintains enrollment as set forth in Section 22.01.

Page 60 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 27 -

23.08 Nothing contained in this Section 21.00 is intended and should not be construed, to restrict the CalPERS retirement rights under state and/or federal law otherwise applicable to bargaining unit employees.

SECTION 24.00 - RETIREE DEPENDENT HEALTH CARE

24.01 The Retiree Dependent Health Care Fund

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

The City will periodically present a report to th e Mid -Management/Confidential Unit representative indicating the City’s annual contribution, the total dollars in the Fund, and a brief description of how and the extent to which the 1% was used in the previous fiscal year to pay for the medical premiums o f retirees’ dependents. The City will use this report to set retiree dependent contribution rates.

24.02 Contributions from the Fund toward Retiree Dependent Premiums

Contributions from the Fund toward the medical premiums of retirees’ dependents shall be as follows:

24.02.1 For permanent Mid-Management/Confidential employees hired before July 1, 1995, and retired on or after January 2, 2007 (City Council adoption), who have at least five (5) years of full -time or equivalent service with the City of Milpitas, the City agrees to pay from the Fund up to the family, medical premium rate (at a rate no higher than any family plan paid by the City for active employees), as long as the retiree maintains enrollment in one of the eligible health plans.

24.02.2 For permanent Mid -Management/Confidential employees hired on or after July 1, 1995, and retired on or after January 2, 2007 (City Council adoption), who have at least five (5) years of full-time or equivalent service with the City of Milpitas; the City agrees to pay from the Fund up to the family, medical premium rate (at a rate no higher than any family plan paid by the City for active employees), as long as the retiree maintains enrollment in one of the eligible health plans and shall be subject to th e following provisions with respect to the retirement benefits:

(a) Upon completion of the fifth through the ninth year of service, and upon retirement, the City agrees to provide 25% of the medical insurance premium payment from the Fund for the retiree dependent, as long as the employee remains in one of the City sponsored eligible health care programs.

Page 61 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 28 -
(b) Upon completion of the ninth year, this payment of the retiree’s dependent medical insurance shall increase to 50%.

(c) Upon completion of the fou rteenth year, this payment of the retiree’s dependent medical insurance shall increase to 75%.

(d) Upon completion of the nineteenth year, this payment of the retiree’s dependent medical insurance shall increase to 100%.

(e) Once any dependent becomes Medicare eligible, the City agrees to pay from the Fund up to the appropriate Medicare rate per the above sections.

In no case will the City be required to place funds in the Fund above the 1% of payroll with benefits amount. If funds are depleted before t he next year's City contribution is due, dependent medical premiums will be the responsibility of the retiree and/or dependent. If less than 1% of payroll with benefits is used in a given year for the medical premiums of retirees’ dependents, the remainde r shall remain in the Fund and may be used in future years to supplement the City’s annual 1% of payroll with benefits contribution if this contribution is insufficient in a given year to make all the payments set forth in 22.01 above.

SECTION 25.00 - BENEFITS

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

25.01.1 The City reserves the right to discontinue offering any of the medical plans due to any of the following:

(a) The plan imposes exorbitant costs upon the City;
(b) The health care carrier refuses to provide services to the City; (c) The health care provider no longer offers the services; or (d) The health plan is discontinued.

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

25.01.3 The City will provide a life insurance policy in the amount of $50,000.00 for each full-time member.

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

Page 62 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 29 -

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

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

25.01.7 Employees who are covered as an eligible dependent under another health insurance plan may waive health coverage and receive a total of one hundred and twenty-five dollars ($125.00) per mont h, pro -rated over twenty -six (26) pay periods per calendar year . 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.

25.01.8 The City will pay seventy -five dollars ($75.00) per month toward deferred compensation for each member. The City’s payments will be pro-rated over twenty-six (26) pay periods per calendar year.

25.02 Benefit Contribution: Regular Part -Time Empl oyees: The City agrees to contribute monthly premiums for health and life insurance in an amount to reflect hours budgeted, pro-rated against the amount contributed for full time employees. For example, half -time employees may elect to take any or all of the benefits and the City and the employee will both pay 50% or half of the elected benefit cost(s). The City agrees to provide short -term disability and long-term disability benefits at no cost to part-time employees.

SECTION 26.00 - TEMPORARY UPGRADE PAY/SPECIAL ASSIGNMENT PAY

26.01 General: Upon specific written assignment by the Department Head or Department Head’s designee, an employee may be required to assume the duties, responsibilities, authority and accountability of a vacant higher classifica tion (Temporary Upgrade Pay/Out of Class), or to perform work on a special project (Special Assignment).

26.02 Work Out of Class Pay:

Per Government Code section 20480 of the Public Employees’ Retirement Law, an out of class appointment is an appointment to an upgraded position or higher classification by an employer or governing board or body in a vacant position for a limited time.

Vacant position refers to a position that is vacant and it does not refer to a position that is temporarily available due to another employee’s leave of absence.

A non-hourly employee assigned to work in an out-of-class capacity with fully upgraded duties or classification (100%) for two or more consecutive full work days shall qualify for Temporary Upgrade Pay as special compensation. An hourly employee assigned to work in an out-of-class capacity with fully upgraded duties or classification (100%) for two or more full work days within a pay period, whether consecutive work days or not, shall qualify for Temporary Upgrade Pay.

Page 63 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 30 -
Employees assigned to upgraded duties or classification as described above shall be compensated at least 5% more than their salary or at the entrance step of the range of the higher classification, whichever compensation pattern is greater except where such increase exceeds the pay range allocated to the assigned position. The employee shall be compensated at the appropriate rate retroactive to the start of the assignment.

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

26.03 Special Assignment Pay: An employee assigned to work on a special assignment shall be paid at a rate of a minimum of 10% up to 15% above the employee’s current base salary.

26.04 Voluntary Training: An employee seeking additional training in another classification may waive his/her right to work out of classification pay in order to pursue desired training.

26.05 An employee who serves in a special assignment in a vacant position fo r a minimum of three months, and receives a permanent appointment to the same position by the appointing authority, may receive credit toward completion of probation in the position up to the duration of the special assignment.

SECTION 27.00 - NO DISCRIMINATION

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

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

SECTION 28.00 - SALARY

28.01 July 2019 Salary Schedule Increase: Effective July 7, 2019, the Salary Schedule previously in effect shall be increased by 5%. This shall be the July 2019 Salary Schedule.

Page 64 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 31 -

28.02 July 2020 Salary Schedule Increase: Effective July 5, 2020, the Ju ly 2020 Salary Schedule shall be increased by 4%. This shall be the July 2020 Salary Schedule.

28.03 July, 2021 Salary Schedule Increase: Effective July 4, 2021, the July 2021 Salary Schedule shall be increased by 3%. This shall be the July 2021 Salary Schedule.

28.04 July, 20 22 Salary Schedule Increase: Effective July 3, 20 22, the July 20 22 Salary Schedule shall be increased by 3%. This shall be the July 2022 Salary Schedule

28.04 The annual salary schedule labeled Appendix “ A” and attached hereto is hereby made a part of this Memorandum of Understanding.

28.05 Effective February 4, 2015 “confidential” pay was eliminated. Those employees who were receiving 2% confidential pay at the time of elimination shall retain the pay, which is pensionable compensation to the extent permitted by law.

SECTION 29.00 - CLASSIFICATION AND TOTAL COMPENSATION STUDIES

29.01 Each year the union may submit up to 3 classifications (and their related classification families) to have a classification and total compe nsation (salary and benefits) studied.

The studies will provide information to determine where the classification compensation plan is compared internally and to the local jurisdiction.

29.02 The Union and City will review the results of the studies. There is not an automatic assumption to amend salaries or benefits.

SECTION 30.00 – BILINGUAL PAY

30.01 Effective February 4, 2015, bilingual pay was eliminated. T hose employees who were receiving the 2.5% bilingual pay at the time of the elimination shall retain the pay, which is pensionable compensation to the extent permitted by law.

SECTION 31.00 – EYEGLASS REIMBURSEMENT

31.01 The City shall reimburse an employee up to $175 per fiscal year for eyeglasses when prescribed by a physician for use a t a video display terminal, provided the glasses are not fully covered by the employee’s health care plan. The employee must apply for any available insurance coverage.

SECTION 32.00 - MOU NEGOTIATIONS

32.01 Negotiations for a new MOU shall commence fo llowing written notification by either party on or after January 1, 2024 of the desire to begin negotiations.

Page 65 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 32 -
SECTION 33.00 - EMPLOYEE FITNESS PROGRAM

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

33.02 Resident fees for all other recreational programs, classes and activities shall apply to bargaining unit employees, unless modified by the City Council.

SECTION 34.00 - MILEAGE REIMBURSEMENT

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

34.02 An employee shall receive authorizatio n from their Department Head or their designee prior to using the employee’s own vehicle.

34.03 Employees who use their car on a temporary basis shall be reimbursed by the City at the rate established by the IRS.

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

SECTION 35.00 - TUITION REIMBURSEMENT

35.01 The City of Milpitas will provide a tuition reimbursement program for educational activities, which are job related or a subject area that is related to other classifications within the City and approved, in advance, by the Department Head and the Human Resources Director. The amount of the fund shall not exceed the amount budgeted for this purpose. Su bject to the availability of monies in the fund, individual employees are subject to a total reimbursement cap for tuition and required course -related texts of up to $2,000 per fiscal year. Reimbursement is subject to the guidelines outlined in the applicable Standard Operating Procedure (S.O.P.) #16-13.

35.02 The City shall reimburse employees in the classification of Principal Civil Engineer and Traffic Engineer up to $75 every other fiscal year for the renewal of their engineering licenses when it is a condition of employment.

SECTION 36.00 - REPLACEMENT OF PERSONAL ARTICLES

36.01 The City shall replace, within reason, personal articles damaged or stolen during performance of duty upon recommendation of the individual’s immediate supervisor and Department Head, and approval of the Human Resources Director. The prior condition of the article, precautions taken to protect the article, and the exercise of proper judgment

Page 66 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 33 -
of wearing or using an expensive article on the job that has certain hazards conne cted with it shall be considered in determining the amount of replacement. An employee shall obtain approval from his/her supervisor to bring in and use personal articles in the line of work.

SECTION 37.00 - EMPLOYEE ASSISTANCE PROGRAM

37.01 The City agrees to continue to provide, fund and make available a confidential employee assistance program for employees in the bargaining unit.

SECTION 38.00 - NO STRIKE CLAUSE

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

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

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

SECTION 39.00 - SAVINGS CLAUSE

39.01 If any section, subsection, sentence, or clause or phrase of this MOU is for any reason held illegal, invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.

Page 67 of 1283 ends

Page 68 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 35 -

Appendix A – SALARY SCHEDULE
5% Salary Increase
Effective July 7, 2019
Job Classification Annual Salary
Administrative Analyst I $80,781.79 - $106,343.87 Administrative Analyst II $89,213.94 - $117,426.04 Administrative Assistant* $77,067.90 - $93,676.13
Budget Manager $104,794.87 - $137,940.35 Building Inspection Manager $122,673.10 - $149,111.24 Buyer $80,049.61 - $105,369.81 Crime Analyst $96,703.43 - $127,291.44 Deputy City Clerk $92,082.35 - $111,926.72 Economic Development Coordinator $101,613.88 - $125,999.87 Economic Development Specialist $96,767.03 - $116,807.42 Emergency Services Coordinator $106,911.71 - $140,710.21 Environmental & Regulatory Compliance Specialist $103,276.17 - $135,941.17 Executive Assistant* $84,762.68 - $103,029.93 Financial Analyst I $75,427.72 - $99,284.91
Financial Analyst II $83,303.49 - $109,652.63 Housing & Neigh Svcs Manager $103,572.92 - $136,338.66 Human Resources Analyst I $80,781.79 - $106,343.87 Human Resources Analyst II $89,213.94 - $117,426.04 Human Resources Assistant* $57,544.58 - $69,943.42 Human Resources Technician* $69,794.09 - $84,840.21 Information System Analyst $102,302.93 - $134,660.80 Information Technology Manager $121,613.04 - $160,087.20 Management Analyst** $107,100.00 $149,972.59
Principal Civil Engineer $127,809.86 - $166,228.34 Principal Planner** $131,775.00 - $159,600.00
Purchasing Agent $105,513.68 - $136,083.13 Recreation Services Supervisor $100,792.69 - $132,656.32 Senior Accountant $93,770.59 - $123,422.75 Senior Administrative Analyst $103,572.92 - $136,338.66 Senior Executive Assistant** $89,213.94 $117,426.04
Senior HR Analyst $96,703.97 - $127,291.44 Senior Planner $120,803.32 - $146,841.24 Senior Information Analyst/Developer $107,688.00 - $141,750.00 Video Media Specialist $83,303.49 - $109,652.63 *=Non-Exempt Status
** = New Classifications Approved on 06/11/19

Page 69 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 36 -

Appendix B – SALARY SCHEDULE
4% Salary Increase
Effective July 5, 2020
Job Classification Annual Salary
Administrative Analyst I $84,013.06 - $110,597.63 Administrative Analyst II $92,782.50 - $122,123.08 Administrative Assistant* $80,150.62 - $97,423.17
Budget Manager $108,986.67 - $143,457.96 Building Inspection Manager $127,580.02 - $155,075.68 Buyer $83,251.59 - $109,584.60 Crime Analyst $100,571.56 - $132,383.09 Deputy City Clerk $95,765.65 - $116,403.79 Economic Development Coordinator $105,678.43 - $131,039.87 Economic Development Specialist $100,637.72 - $121,479.71 Emergency Services Coordinator $111,188.18 - $146,338.61 Environmental & Regulatory Compliance Specialist $107,407.22 - $141,378.82 Executive Assistant* $88,153.19 - $107,151.12 Financial Analyst I $78,444.82 - $103,256.31 Financial Analyst II $86,635.63 - $114,038.74 Housing & Neigh Svcs Manager $107,715.84 - $141,792.20 Human Resources Analyst I $84,013.06 - $110,597.63 Human Resources Analyst II $92,782.50 - $122,123.08 Human Resources Assistant* $59,846.36 - $72,741.16 Human Resources Technician* $72,585.85 - $88,233.82 Information System Analyst $106,395.05 - $140,047.23 Information Technology Manager $126,477.56 - $166,490.69 Management Analyst** $111,384.00 $155,971.50
Principal Civil Engineer $132,922.26 - $172,877.47 Principal Planner** $137,046.00 - $165,984.00
Purchasing Agent $109,734.23 - $141,526.45 Recreation Services Supervisor $104,824.40 - $137,962.57 Senior Accountant $97,521.41 - $128,359.66 Senior Administrative Analyst $107,715.84 - $141,792.20 Senior Executive Assistant** $92,782.50 $122,123.08
Senior HR Analyst $100,572.13 - $132,383.09 Senior Planner $125,635.45 - $152,714.89 Senior Information Analyst/Developer $111,995.52 - $147,420.00 Video Media Specialist $86,635.63 - $114,038.74 *=Non-Exempt Status
** = New Classifications Approved on 06/11/19

Page 70 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 37 -

Appendix C – SALARY SCHEDULE
3% Salary Increase
Effective July 4, 2021
Job Classification Annual Salary
Administrative Analyst I $86,533.46 - $113,915.56 Administrative Analyst II $95,565.98 - $125,786.77 Administrative Assistant* $82,555.13 - $100,345.87
Budget Manager $112,256.27 - $147,761.70 Building Inspection Manager $131,407.42 - $159,727.95 Buyer $85,749.14 - $112,872.14 Crime Analyst $103,588.71 - $136,354.59 Deputy City Clerk $98,638.62 - $119,895.91 Economic Development Coordinator $108,848.78 - $134,971.07 Economic Development Specialist $103,656.85 - $125,124.11 Emergency Services Coordinator $114,523.83 - $150,728.77 Environmental & Regulatory Compliance Specialist $110,629.44 - $145,620.18 Executive Assistant* $90,797.78 - $110,365.66 Financial Analyst I $80,798.17 - $106,354.00 Financial Analyst II $89,234.70 - $117,459.90 Housing & Neigh Svcs Manager $110,947.32 - $146,045.97 Human Resources Analyst I $86,533.46 - $113,915.56 Human Resources Analyst II $95,565.98 - $125,786.77 Human Resources Assistant* $61,641.75 - $74,923.39 Human Resources Technician* $74,763.43 - $90,880.83 Information System Analyst $109,586.90 - $144,248.65 Information Technology Manager $130,271.89 - $171,485.41 Management Analyst** $114,725.52 $160,650.64
Principal Civil Engineer $136,909.93 - $178,063.79 Principal Planner** $141,157.38 - $170,963.52
Purchasing Agent $113,026.26 - $145,772.25 Recreation Services Supervisor $107,969.13 - $142,101.45 Senior Accountant $100,447.05 - $132,210.45 Senior Administrative Analyst $110,947.32 - $146,045.97 Senior Executive Assistant** $95,565.98 $125,786.77
Senior HR Analyst $103,589.29 - $136,354.59 Senior Planner $129,404.52 - $157,296.34 Senior Information Analyst/Developer $115,355.39 - $151,842.60 Video Media Specialist $89,234.70 - $117,459.90 *=Non-Exempt Status
** = New Classifications Approved on 06/11/19

Page 71 of 1283 ends

MidCon
July 1, 2019 through June 30, 2023
- 38 -

Appendix D – SALARY SCHEDULE
3% Salary Increase
Effective July 3, 2022
Job Classification Annual Salary
Administrative Analyst I $89,129.46 - $117,333.02 Administrative Analyst II $98,432.96 - $129,560.37 Administrative Assistant* $85,031.79 - $103,356.24
Budget Manager $115,623.95 - $152,194.55 Building Inspection Manager $135,349.64 - $164,519.79 Buyer $88,321.61 - $116,258.30 Crime Analyst $106,696.37 - $140,445.22 Deputy City Clerk $101,597.78 - $123,492.78 Economic Development Coordinator $112,114.25 - $139,020.20 Economic Development Specialist $106,766.55 - $128,877.83 Emergency Services Coordinator $117,959.54 - $155,250.64 Environmental & Regulatory Compliance Specialist $113,948.32 - $149,988.79 Executive Assistant* $93,521.71 - $113,676.63 Financial Analyst I $83,222.11 - $109,544.62 Financial Analyst II $91,911.74 - $120,983.70 Housing & Neigh Svcs Manager $114,275.74 - $150,427.35 Human Resources Analyst I $89,129.46 - $117,333.02 Human Resources Analyst II $98,432.96 - $129,560.37 Human Resources Assistant* $63,491.00 - $77,171.09 Human Resources Technician* $77,006.33 - $93,607.26 Information System Analyst $112,874.50 - $148,576.11 Information Technology Manager $134,180.04 - $176,629.97 Management Analyst** $118,167.29 $165,470.16
Principal Civil Engineer $141,017.22 - $183,405.71 Principal Planner** $145,392.10 - $176,092.43
Purchasing Agent $116,417.04 - $150,145.42 Recreation Services Supervisor $111,208.21 - $146,364.49 Senior Accountant $103,460.46 - $136,176.77 Senior Administrative Analyst $114,275.74 - $150,427.35 Senior Executive Assistant** $98,432.96 $129,560.37
Senior HR Analyst $106,696.97 - $140,445.22 Senior Planner $133,286.65 - $162,015.23 Senior Information Analyst/Developer $118,816.05 - $156,397.88 Video Media Specialist $91,911.74 - $120,983.70 *=Non-Exempt Status
** = New Classifications Approved on 06/11/19

Page 72 of 1283 ends

Page 73 of 1283 ends

Page 74 of 1283 ends

03/05/2021
03/08/2021

Page 75 of 1283 ends

11/21/2025 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection - MidCon 5%

Page 1 of 4 ends

Step A Step B Step C Step D Step E
Classification Union CodeOcc CodePay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Accountant 50 2101 500 53.36 4,268.94 110,992.44 56.03 4,482.35 116,541.10 58.82 4,705.56 122,344.56 61.77 4,941.94 128,490.44 64.85 5,188.14 134,891.64 Accounting Technician I 50 6104 513 34.75 2,780.15 72,283.90 36.49 2,919.18 75,898.68 38.31 3,065.15 79,693.90 40.23 3,218.40 83,678.40 42.24 3,379.33 87,862.58 Accounting Technician II 50 6105 514 38.23 3,058.15 79,511.90 40.14 3,211.11 83,488.86 42.15 3,371.65 87,662.90 44.25 3,540.27 92,047.02 46.47 3,717.21 96,647.46 Administrative Analyst I 80 2102 801 45.45 3,635.80 94,530.89 - - - - - - - - - 59.83 4,786.31 124,444.05 Administrative Analyst II 80 2103 802 50.19 4,015.32 104,398.20 - - - - - - - - - 66.06 5,285.08 137,412.09 Administrative Assistant 80 6111 828 43.36 3,468.65 90,185.00 45.53 3,642.08 94,694.15 47.80 3,824.21 99,429.33 50.19 4,015.39 104,400.11 52.70 4,216.15 109,619.87 Assistant Chief of Police 60 1405 649 116.80 9,344.14 242,947.64 - - - - - - - - - 163.52 13,081.79 340,126.54 Assistant City Attorney 60 1113 645 80.82 6,465.24 168,096.24 - - - - - - - - - 109.40 8,751.75 227,545.50 Assistant City Manager 60 1104 666 101.41 8,112.63 210,928.38 - - - - - - - - - 141.97 11,357.69 295,299.94 Assistant Dir Recr & Comm Svcs 60 1121 659 69.20 5,535.95 143,934.70 - - - - - - - - - 96.88 7,750.33 201,508.58 Assistant Engineer 50 2201 502 57.82 4,625.32 120,258.32 60.71 4,856.57 126,270.82 63.74 5,099.39 132,584.14 66.93 5,354.39 139,214.14 70.28 5,622.14 146,175.64 Assistant Finance Director 60 1109 669 72.98 5,838.26 151,794.76 - - - - - - - - - 102.17 8,173.76 212,517.76 Assistant Fire Marshal 60 2501 632 93.05 7,443.79 193,538.54 - - - - - - - - - 130.27 10,421.31 270,954.06 Assistant Planner 50 2801 503 55.44 4,435.07 115,311.82 58.21 4,656.94 121,080.44 61.11 4,888.95 127,112.70 64.17 5,133.33 133,466.58 67.38 5,390.10 140,142.60 Assistant Pool Manager 70 5609 709 22.66 1,812.80 47,132.80 - - - - - - - - - 31.57 2,525.60 65,665.60 Assistant Water Operator 20 7212 221 47.55 3,566.14 92,719.64 49.93 3,744.46 97,355.96 52.42 3,931.67 102,223.42 55.04 4,128.24 107,334.24 57.80 4,334.68 112,701.68 Assistant Water Operator - 40 20 8611 226 47.83 3,826.17 99,480.42 50.22 4,017.68 104,459.68 52.73 4,218.74 109,687.24 55.38 4,430.52 115,193.52 58.15 4,651.95 120,950.70 Associate Civil Engineer 50 2202 504 66.49 5,319.09 138,296.34 69.81 5,585.07 145,211.82 73.30 5,864.34 152,472.84 76.97 6,157.56 160,096.56 80.82 6,465.45 168,101.70 Associate Planner 50 2802 505 63.74 5,099.52 132,587.52 66.94 5,355.19 139,234.94 70.29 5,623.22 146,203.72 73.80 5,903.65 153,494.90 77.48 6,198.73 161,166.98 Budget Manager 80 1115 839 66.25 5,299.89 137,797.02 - - - - - - - - - 87.20 6,976.19 181,380.93 Building & Housing Director 60 1802 658 88.20 7,055.63 183,446.38 - - - - - - - - - 123.47 9,877.89 256,825.14 Building Inspection Manager 80 3809 848 69.02 5,521.25 143,552.41 - - - - - - - - - 83.89 6,711.16 174,490.13 Building Inspector Apprentice 70 8610 770 28.00 2,240.00 58,240.00 - - - - - - - - - 35.00 2,800.00 72,800.00 Building Official 60 1804 676 77.58 6,206.24 161,362.24 - - - - - - - - - 108.61 8,688.74 225,907.24 Building Permit Technician 50 5801 508 42.33 3,386.76 88,055.76 44.46 3,556.47 92,468.22 46.69 3,734.89 97,107.14 49.01 3,920.93 101,944.18 51.46 4,116.78 107,036.28 Building/NP Inspector 50 3801 507 56.11 4,488.96 116,712.96 58.92 4,713.46 122,549.96 61.86 4,949.08 128,676.08 64.96 5,196.56 135,110.56 68.20 5,456.35 141,865.10 Business Systems Analyst/Dev 80 2119 853 60.58 4,846.79 126,016.53 - - - - - - - - - 79.75 6,379.85 165,876.17 Buyer 80 2106 803 45.04 3,602.84 93,673.94 - - - - - - - - - 59.28 4,742.46 123,304.00 CIP Manager 60 2211 642 67.02 5,361.33 139,394.58 - - - - - - - - - 93.83 7,506.45 195,167.70 Case Manager 50 5612 544 37.93 3,034.56 78,898.56 - - - - - - - - - 47.34 3,787.06 98,463.56 Chief Fire Enforcement Officer 60 1505 656 76.62 6,129.71 159,372.46 - - - - - - - - - 107.27 8,581.60 223,121.60 Chief of Police 60 1402 650 122.64 9,811.05 255,087.30 - - - - - - - - - 171.69 13,735.51 357,123.26 City Attorney 60 1112 644 99.96 7,997.00 207,922.00 - - - - - - - - - 124.95 9,996.27 259,903.02 City Clerk 60 1101 605 67.06 5,364.87 139,486.62 - - - - - - - - - 93.90 7,511.67 195,303.42 City Engineer 60 1201 606 78.23 6,258.32 162,716.32 - - - - - - - - - 109.52 8,761.65 227,802.90 City Manager 60 1102 697 182.21 14,576.92 378,999.92 - - - - - - - - - 182.21 14,576.92 378,999.92 Code Enforcement Officer 50 5804 515 49.06 3,925.02 102,050.52 51.52 4,121.33 107,154.58 54.10 4,328.27 112,535.02 56.81 4,544.67 118,161.42 59.65 4,771.74 124,065.24 Communications Dispatch Superv 40 6409 456 61.94 4,954.90 128,827.40 65.03 5,202.64 135,268.64 68.28 5,462.79 142,032.54 71.70 5,735.94 149,134.44 75.28 6,022.74 156,591.24 Communications Dispatcher 40 6408 455 53.63 4,290.14 111,543.64 56.31 4,504.62 117,120.12 59.12 4,729.84 122,975.84 62.08 4,966.29 129,123.54 65.18 5,214.61 135,579.86 Community Service Officer 40 6412 460 46.22 3,697.73 96,140.98 48.53 3,882.63 100,948.38 50.96 4,076.76 105,995.76 53.51 4,280.59 111,295.34 56.18 4,494.64 116,860.64 Councilmember 60 1107 699 20.87 417.40 10,852.40 - - - - - - - - - 20.87 417.40 10,852.40 Crime Analyst 80 2105 809 54.40 4,352.39 113,162.05 - - - - - - - - - 71.61 5,729.08 148,956.17 Cross Connection Specialist 20 8626 239 49.43 3,954.49 102,816.74 52.03 4,162.61 108,227.86 54.77 4,381.70 113,924.20 57.65 4,612.31 119,920.06 60.69 4,855.06 126,231.56 Customer Services Supervisor 80 2127 847 52.76 4,220.40 109,730.44 - - - - - - - - - 69.44 5,554.97 144,429.29 Deputy City Attorney 60 1114 646 63.14 5,050.96 131,324.96 - - - - - - - - - 87.52 7,001.35 182,035.10 Deputy City Clerk 80 6102 835 51.81 4,144.42 107,755.01 - - - - - - - - - 62.97 5,037.56 130,976.66 Deputy City Manager 60 1119 672 99.38 7,950.37 206,709.62 - - - - - - - - - 139.07 11,125.91 289,273.66 Deputy Director of IT 60 1123 679 80.31 6,424.82 167,045.32 - - - - - - - - - 102.85 8,227.82 213,923.32 Deputy Fire Chief 60 1504 633 117.25 9,379.84 243,875.84 - - - - - - - - - 164.15 13,131.77 341,426.02 Deputy Public Works Director 60 1207 654 78.23 6,258.32 162,716.32 - - - - - - - - - 109.52 8,761.65 227,802.90 Digital Media Specialist 80 2121 840 46.87 3,749.30 97,481.75 - - - - - - - - - 61.69 4,935.22 128,315.73 Dir of Recr & Community Svcs 60 1208 655 86.37 6,909.53 179,647.78 - - - - - - - - - 121.15 9,692.19 251,996.94 Econ Dev Dir & Strat Init 60 1206 653 86.37 6,909.53 179,647.78 - - - - - - - - - 121.15 9,692.19 251,996.94 Economic Development Coord 80 8623 852 57.17 4,573.41 118,908.70 - - - - - - - - - 70.89 5,670.98 147,445.39 Economic Development Spec 80 8606 850 54.44 4,355.25 113,236.58 - - - - - - - - - 65.72 5,257.23 136,688.10 Electrical/Building Inspector 50 3802 511 58.92 4,713.45 122,549.70 61.86 4,949.08 128,676.08 64.96 5,196.55 135,110.30 68.20 5,456.35 141,865.10 71.61 5,729.19 148,958.94 Emergency Services Coordinator 80 2502 836 60.15 4,811.86 125,108.26 - - - - - - - - - 79.16 6,333.04 164,659.13 Engineering Aide 50 3201 512 45.98 3,678.31 95,636.06 48.28 3,862.23 100,417.98 50.69 4,055.33 105,438.58 53.23 4,258.07 110,709.82 55.89 4,470.97 116,245.22 Engineering Permit Technician 50 2210 540 41.39 3,311.12 86,089.12 43.46 3,476.68 90,393.68 45.63 3,650.50 94,913.00 47.91 3,832.98 99,657.48 50.31 4,024.66 104,641.16

Page 76 of 1283 ends

11/21/2025 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection - MidCon 5%

Page 2 of 4 ends

Step A Step B Step C Step D Step E
Classification Union CodeOcc CodePay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Entry Firefighter/EMT - 40 10 4512 115 58.36 4,668.57 121,382.82 61.28 4,902.01 127,452.26 - - - - - - - - - Entry Firefighter/EMT - 56 10 4510 112 41.68 4,668.57 121,382.82 43.77 4,902.01 127,452.26 - - - - - - - - - Entry Firefighter/Paramedic-40 10 4513 116 65.36 5,228.81 135,949.06 68.63 5,490.25 142,746.50 - - - - - - - - - Entry Firefighter/Paramedic-56 10 4511 113 46.69 5,228.81 135,949.06 49.02 5,490.25 142,746.50 - - - - - - - - - Entry Level Fire Inspector 10 3508 114 50.39 4,031.53 104,819.78 52.91 4,233.11 110,060.86 55.56 4,444.77 115,564.02 58.34 4,667.01 121,342.26 61.25 4,900.36 127,409.36 Envir & Regulatory Comply Spec 80 8624 851 58.10 4,648.22 120,853.82 - - - - - - - - - 76.48 6,118.40 159,078.47 Environmental Inspector 50 2213 553 58.92 4,713.45 122,549.70 61.86 4,949.11 128,676.86 64.96 5,196.57 135,110.82 68.20 5,456.38 141,865.88 71.61 5,729.19 148,958.94 Equip Maint Worker I - 40 20 8612 227 43.50 3,479.61 90,469.86 45.65 3,651.83 94,947.58 47.93 3,834.76 99,703.76 50.34 4,027.27 104,709.02 52.85 4,228.37 109,937.62 Equip Maint Worker II - 40 20 8613 228 47.83 3,826.17 99,480.42 50.22 4,017.68 104,459.68 52.73 4,218.74 109,687.24 55.38 4,430.52 115,193.52 58.15 4,651.95 120,950.70 Equip Maint Worker III - 40 20 8614 229 53.88 4,310.74 112,079.24 56.59 4,526.81 117,697.06 59.42 4,753.59 123,593.34 62.39 4,991.05 129,767.30 65.52 5,241.35 136,275.10 Equipment Maint. Worker I 20 7202 200 43.23 3,241.94 84,290.44 45.39 3,404.04 88,505.04 47.66 3,574.29 92,931.54 50.04 3,752.98 97,577.48 52.54 3,940.63 102,456.38 Equipment Maint. Worker II 20 7203 201 47.55 3,566.14 92,719.64 49.93 3,744.46 97,355.96 52.42 3,931.67 102,223.42 55.04 4,128.24 107,334.24 57.80 4,334.68 112,701.68 Equipment Maint. Worker III 20 7204 202 53.57 4,018.08 104,470.08 56.25 4,218.91 109,691.66 59.07 4,429.90 115,177.40 62.02 4,651.39 120,936.14 65.12 4,883.97 126,983.22 Executive Assistant 80 6117 812 47.69 3,814.97 99,189.09 50.07 4,005.75 104,149.50 52.58 4,206.03 109,356.70 55.20 4,416.32 114,824.35 57.96 4,637.14 120,565.54 FF/Paramedic Trainee - 40 10 4504 107 62.25 4,979.81 129,475.06 62.25 4,979.81 129,475.06 62.25 4,979.81 129,475.06 62.25 4,979.81 129,475.06 62.25 4,979.81 129,475.06 FF/Paramedic Trainee - 56 10 4514 155 44.46 4,979.81 129,475.06 44.46 4,979.81 129,475.06 44.46 4,979.81 129,475.06 44.46 4,979.81 129,475.06 44.46 4,979.81 129,475.06 Finance Director 60 1103 627 88.58 7,086.27 184,243.02 - - - - - - - - - 124.00 9,919.98 257,919.48 Finance Manager 60 1116 647 62.51 5,001.18 130,030.68 - - - - - - - - - 87.52 7,001.68 182,043.68 Financial Analyst I 80 2125 844 42.44 3,394.83 88,265.54 - - - - - - - - - 55.86 4,468.60 116,183.61 Financial Analyst II 80 2126 845 46.87 3,749.30 97,481.75 - - - - - - - - - 61.69 4,935.22 128,315.73 Fire Battalion Chief 10 2508 153 62.45 6,993.89 181,841.14 - - - - - - - - - 87.42 9,791.45 254,577.70 Fire Battalion Chief - 40 10 2509 154 87.42 6,993.89 181,841.14 - - - - - - - - - 122.39 9,791.45 254,577.70 Fire Captain 10 2504 100 54.65 6,120.86 159,142.36 57.38 6,426.90 167,099.40 60.25 6,748.26 175,454.76 63.27 7,085.68 184,227.68 66.43 7,439.97 193,439.22 Fire Captain - 40 10 2507 108 76.51 6,120.86 159,142.36 80.34 6,426.90 167,099.40 84.35 6,748.26 175,454.76 88.57 7,085.68 184,227.68 93.00 7,439.97 193,439.22 Fire Chief 60 1502 630 129.27 10,341.38 268,875.88 - - - - - - - - - 180.97 14,477.97 376,427.22 Fire Engineer/EMT 10 4501 102 48.19 5,397.38 140,331.88 50.60 5,667.26 147,348.76 53.13 5,950.62 154,716.12 55.79 6,248.16 162,452.16 58.58 6,560.57 170,574.82 Fire Engineer/EMT - 40 10 4515 156 67.47 5,397.38 140,331.88 70.84 5,667.26 147,348.76 74.38 5,950.62 154,716.12 78.10 6,248.16 162,452.16 82.01 6,560.57 170,574.82 Fire Engineer/Paramedic 10 4505 151 53.97 6,045.08 157,172.08 56.67 6,347.34 165,030.84 59.51 6,664.71 173,282.46 62.48 6,997.96 181,946.96 65.61 7,347.86 191,044.36 Fire Prevention Inspector 10 3501 106 77.26 6,180.56 160,694.56 81.12 6,489.60 168,729.60 85.18 6,814.09 177,166.34 89.43 7,154.79 186,024.54 93.91 7,512.54 195,326.04 Fire Protection Engineer 10 3507 110 77.26 6,180.56 160,694.56 81.12 6,489.60 168,729.60 85.18 6,814.09 177,166.34 89.43 7,154.79 186,024.54 93.91 7,512.54 195,326.04 Firefighter/EMT 10 4502 103 45.96 5,147.11 133,824.86 48.25 5,404.48 140,516.48 50.67 5,674.70 147,542.20 53.20 5,958.45 154,919.70 55.86 6,256.37 162,665.62 Firefighter/EMT - 40 10 4516 157 64.34 5,147.11 133,824.86 67.56 5,404.48 140,516.48 70.93 5,674.70 147,542.20 74.48 5,958.45 154,919.70 78.20 6,256.37 162,665.62 Firefighter/EMT Trainee - 40 10 4509 109 55.58 4,446.26 115,602.76 55.58 4,446.26 115,602.76 55.58 4,446.26 115,602.76 55.58 4,446.26 115,602.76 55.58 4,446.26 115,602.76 Firefighter/Paramedic 10 4503 104 51.47 5,764.76 149,883.76 54.04 6,053.01 157,378.26 56.75 6,355.66 165,247.16 59.58 6,673.45 173,509.70 62.56 7,007.13 182,185.38 Fitness Instructor 70 5620 713 35.00 2,800.00 72,800.00 - - - - - - - - - 75.00 6,000.00 156,000.00 Fleet Maint Worker I -40 20 8615 230 41.52 3,321.69 86,363.94 43.60 3,488.16 90,692.16 45.78 3,662.30 95,219.80 48.06 3,845.18 99,974.68 50.47 4,037.94 104,986.44 Fleet Maint Worker II - 40 20 8616 231 45.67 3,653.53 94,991.78 47.96 3,836.42 99,746.92 50.35 4,028.06 104,729.56 52.87 4,229.59 109,969.34 55.51 4,440.97 115,465.22 Fleet Maint Worker III -40 20 8617 232 52.53 4,202.20 109,257.20 55.16 4,412.50 114,725.00 57.91 4,632.63 120,448.38 60.80 4,863.69 126,455.94 63.85 5,107.91 132,805.66 Fleet Maintenance Worker I 20 7207 213 41.52 3,114.09 80,966.34 43.60 3,269.77 85,014.02 45.78 3,433.28 89,265.28 48.07 3,604.88 93,726.88 50.47 3,785.15 98,413.90 Fleet Maintenance Worker II 20 7208 214 45.67 3,425.51 89,063.26 47.96 3,596.75 93,515.50 50.35 3,776.62 98,192.12 52.87 3,965.47 103,102.22 55.52 4,163.66 108,255.16 Fleet Maintenance Worker III 20 7209 215 52.52 3,939.30 102,421.80 55.15 4,136.24 107,542.24 57.91 4,343.03 112,918.78 60.80 4,560.16 118,564.16 63.84 4,788.25 124,494.50 GIS Technician 50 2212 552 57.82 4,625.32 120,258.32 60.71 4,856.57 126,270.82 63.74 5,099.43 132,585.18 66.93 5,354.37 139,213.62 70.28 5,622.16 146,176.16 Hazardous Materials Inspector 10 3502 105 77.26 6,180.56 160,694.56 81.12 6,489.60 168,729.60 85.18 6,814.09 177,166.34 89.43 7,154.79 186,024.54 93.91 7,512.54 195,326.04 Housing Official 60 1120 673 72.98 5,838.26 151,794.76 - - - - - - - - - 102.17 8,173.76 212,517.76 Human Resources Analyst I 80 2124 843 45.45 3,635.80 94,530.89 - - - - - - - - - 59.83 4,786.31 124,444.05 Human Resources Analyst II 80 2123 842 50.19 4,015.32 104,398.20 - - - - - - - - - 66.06 5,285.08 137,412.09 Human Resources Assistant 80 2108 846 32.37 2,589.95 67,338.73 33.99 2,719.35 70,703.18 35.69 2,855.32 74,238.26 37.48 2,998.11 77,950.78 39.35 3,147.98 81,847.58 Human Resources Director 60 1105 613 88.08 7,046.40 183,206.40 - - - - - - - - - 123.31 9,864.99 256,489.74 Human Resources Manager 60 1209 677 67.22 5,377.53 139,815.78 - - - - - - - - - 94.11 7,528.53 195,741.78 Human Resources Technician 80 2107 816 39.27 3,141.29 81,673.41 41.24 3,299.03 85,774.69 43.29 3,463.25 90,044.41 45.46 3,637.08 94,564.20 47.73 3,818.46 99,280.00 I T Director 60 2113 624 86.92 6,953.71 180,796.46 - - - - - - - - - 121.69 9,735.17 253,114.42 I T Manager 80 2116 819 68.42 5,473.52 142,311.62 - - - - - - - - - 90.06 7,205.16 187,334.24 I T Technician 50 3101 542 46.00 3,680.08 95,682.08 48.30 3,864.07 100,465.82 50.72 4,057.22 105,487.72 53.25 4,260.09 110,762.34 55.91 4,473.12 116,301.12 Information Technology Analyst 80 2118 831 57.56 4,604.42 119,714.87 - - - - - - - - - 75.76 6,060.77 157,579.97 Junior Engineer 50 2203 519 52.56 4,204.80 109,324.80 55.19 4,415.05 114,791.30 57.95 4,635.81 120,531.06 60.84 4,867.59 126,557.34 63.89 5,110.98 132,885.48 Junior Planner 50 2804 520 47.59 3,807.00 98,982.00 49.97 3,997.38 103,931.88 52.47 4,197.22 109,127.72 55.09 4,407.14 114,585.64 57.84 4,627.45 120,313.70 Legal Assistant 60 1124 689 41.29 3,303.48 85,890.48 43.36 3,468.65 90,184.90 45.53 3,642.10 94,694.60 47.80 3,824.18 99,428.68 50.19 4,015.38 104,399.88 Lifeguard 70 5610 710 18.20 1,456.00 37,856.00 - - - - - - - - - 25.36 2,028.80 52,748.80 Maint Worker III - 40 20 8619 234 44.72 3,577.96 93,026.96 46.96 3,757.13 97,685.38 49.31 3,944.87 102,566.62 51.78 4,142.28 107,699.28 54.37 4,349.34 113,082.84

Page 77 of 1283 ends

11/21/2025 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection - MidCon 5%

Page 3 of 4 ends

Step A Step B Step C Step D Step E
Classification Union CodeOcc CodePay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Maintenance Assistant 20 8625 238 27.27 2,181.76 56,725.76 28.56 2,285.14 59,413.64 29.90 2,392.08 62,194.08 31.32 2,505.27 65,137.02 32.79 2,622.92 68,195.92 Maintenance Custodian I 20 8101 203 31.86 2,389.34 62,122.84 33.45 2,508.81 65,229.06 35.12 2,634.28 68,491.28 36.88 2,765.99 71,915.74 38.72 2,904.29 75,511.54 Maintenance Custodian I - 40 20 8107 222 31.86 2,548.65 66,264.90 33.45 2,676.05 69,577.30 35.12 2,809.87 73,056.62 36.88 2,950.38 76,709.88 38.72 3,097.88 80,544.88 Maintenance Custodian II 20 8102 204 35.04 2,628.34 68,336.84 36.80 2,759.72 71,752.72 38.64 2,897.73 75,340.98 40.57 3,042.53 79,105.78 42.60 3,194.70 83,062.20 Maintenance Custodian II - 40 20 8108 223 35.04 2,803.56 72,892.56 36.80 2,943.67 76,535.42 38.64 3,090.90 80,363.40 40.57 3,245.39 84,380.14 42.60 3,407.71 88,600.46 Maintenance Custodian III 20 8103 205 40.30 3,022.52 78,585.52 42.32 3,173.64 82,514.64 44.43 3,332.32 86,640.32 46.65 3,498.95 90,972.70 48.99 3,673.94 95,522.44 Maintenance Custodian III - 40 20 8618 233 40.30 3,224.24 83,830.24 42.32 3,385.21 88,015.46 44.44 3,554.96 92,428.96 46.65 3,732.37 97,041.62 48.98 3,918.55 101,882.30 Maintenance Supervisor 80 6124 858 68.52 5,481.84 142,527.84 71.96 5,756.52 149,669.52 75.55 6,043.80 157,138.80 79.33 6,346.20 165,001.20 83.30 6,663.72 173,256.72 Maintenance Worker I 20 8202 206 35.04 2,628.34 68,336.84 36.80 2,759.72 71,752.72 38.64 2,897.73 75,340.98 40.57 3,042.61 79,107.86 42.60 3,194.70 83,062.20 Maintenance Worker I-40 20 8203 207 35.36 2,829.11 73,556.86 37.12 2,969.65 77,210.90 38.98 3,118.79 81,088.54 40.93 3,274.35 85,133.10 42.98 3,438.50 89,401.00 Maintenance Worker II 20 8204 208 38.55 2,891.14 75,169.64 40.48 3,035.68 78,927.68 42.50 3,187.43 82,873.18 44.62 3,346.83 87,017.58 46.86 3,514.17 91,368.42 Maintenance Worker II-40 20 8205 209 38.89 3,111.27 80,893.02 40.84 3,266.84 84,937.84 42.89 3,430.99 89,205.74 45.02 3,601.56 93,640.56 47.27 3,781.80 98,326.80 Maintenance Worker III 20 8206 210 44.33 3,324.76 86,443.76 46.55 3,491.01 90,766.26 48.87 3,665.56 95,304.56 51.32 3,848.84 100,069.84 53.88 4,041.31 105,074.06 Maintenance Worker/Seasonal 70 8207 760 22.43 1,794.40 46,654.40 - - - - - - - - - 31.25 2,500.00 65,000.00 Management Analyst 80 2128 854 60.25 4,820.32 125,328.29 - - - - - - - - - 84.37 6,749.94 175,498.32 Marketing Coordinator 50 5614 548 44.67 3,573.53 92,911.78 46.90 3,752.20 97,557.20 49.25 3,939.80 102,434.80 51.71 4,136.79 107,556.54 54.30 4,343.64 112,934.64 Mayor 60 1118 696 26.09 521.88 13,568.88 - - - - - - - - - 26.09 521.88 13,568.88 Office Assistant I 50 6108 516 30.22 2,417.61 62,857.86 31.73 2,538.47 66,000.22 33.32 2,665.41 69,300.66 34.98 2,798.64 72,764.64 36.73 2,938.58 76,403.08 Office Assistant II 50 6109 517 33.24 2,659.24 69,140.24 34.90 2,792.16 72,596.16 36.65 2,931.85 76,228.10 38.48 3,078.43 80,039.18 40.40 3,232.29 84,039.54 Office Specialist 50 6110 518 38.23 3,058.11 79,510.86 40.14 3,211.07 83,487.82 42.15 3,371.65 87,662.90 44.25 3,540.27 92,047.02 46.47 3,717.21 96,647.46 PW Division Mgr. - Eng. 60 1127 692 78.83 6,306.41 163,966.66 - - - - - - - - - 98.54 7,883.01 204,958.26 PW Division Mgr. - Opr. 60 1126 691 78.83 6,306.41 163,966.66 - - - - - - - - - 98.54 7,883.01 204,958.26 PW Division Mgr. - Utl. 60 1128 693 78.83 6,306.41 163,966.66 - - - - - - - - - 98.54 7,883.01 204,958.26 Patrol Officer 40 4401 404 58.45 4,675.95 121,574.70 61.37 4,909.75 127,653.50 64.44 5,155.20 134,035.20 67.66 5,412.97 140,737.22 71.04 5,683.59 147,773.34 Patrol Officer Trainee 40 4402 458 57.19 4,575.53 118,963.78 60.05 4,804.22 124,909.72 63.06 5,044.49 131,156.74 66.21 5,296.68 137,713.68 69.52 5,561.46 144,597.96 Payroll Specialist 80 6125 859 41.62 3,329.56 86,568.57 43.70 3,496.05 90,897.26 45.89 3,670.83 95,441.62 48.18 3,854.40 100,214.48 50.59 4,047.05 105,223.21 Plan Check Engineer 50 3807 521 68.04 5,443.28 141,525.28 71.44 5,714.87 148,586.62 75.01 6,001.02 156,026.52 78.76 6,300.57 163,814.82 82.75 6,619.74 172,113.24 Plan Checker 50 3803 522 58.02 4,641.57 120,680.82 60.92 4,873.60 126,713.60 63.97 5,117.69 133,059.94 67.16 5,372.82 139,693.32 70.53 5,642.22 146,697.72 Plan Review Manager 60 1210 678 73.27 5,861.99 152,411.74 - - - - - - - - - 95.30 7,624.07 198,225.82 Planning Commissioners 70 1108 698 1.00 20.00 520.00 - - - - - - - - - 1.00 20.00 520.00 Planning Director 60 1803 607 88.20 7,055.63 183,446.38 - - - - - - - - - 123.47 9,877.89 256,825.14 Planning Manager 60 2803 602 67.22 5,377.53 139,815.78 - - - - - - - - - 94.11 7,528.53 195,741.78 Planning Technician 50 2813 554 42.33 3,386.76 88,055.76 44.46 3,556.47 92,468.22 46.69 3,734.89 97,107.14 49.01 3,920.93 101,944.18 51.46 4,116.78 107,036.28 Police Assistant 40 6401 450 54.48 4,358.54 113,322.04 57.21 4,576.41 118,986.66 60.07 4,805.22 124,935.72 63.07 5,045.52 131,183.52 66.22 5,297.80 137,742.80 Police Captain 60 1401 651 111.24 8,898.85 231,370.10 - - - - - - - - - 155.73 12,458.34 323,916.84 Police Clerk I 40 6402 451 39.05 3,124.14 81,227.64 41.00 3,280.38 85,289.88 43.05 3,444.37 89,553.62 45.21 3,616.60 94,031.60 47.47 3,797.35 98,731.10 Police Clerk II 40 6403 452 42.96 3,436.49 89,348.74 45.11 3,608.41 93,818.66 47.36 3,788.81 98,509.06 49.73 3,978.28 103,435.28 52.21 4,177.11 108,604.86 Police Clerk Supervisor 40 6404 454 49.62 3,969.23 103,199.98 52.10 4,167.73 108,360.98 54.70 4,376.06 113,777.56 57.44 4,594.89 119,467.14 60.31 4,824.61 125,439.86 Police Evidence Technician 40 8607 459 45.56 3,644.48 94,756.48 47.83 3,826.68 99,493.68 50.23 4,018.04 104,469.04 52.74 4,218.97 109,693.22 55.37 4,429.90 115,177.40 Police Lieutenant 40 2402 400 89.65 7,172.22 186,477.72 94.14 7,530.84 195,801.84 98.84 7,907.41 205,592.66 103.79 8,302.80 215,872.80 108.97 8,717.92 226,665.92 Police Officer 40 4403 403 63.91 5,113.19 132,942.94 67.11 5,368.93 139,592.18 70.47 5,637.36 146,571.36 73.99 5,919.17 153,898.42 77.69 6,215.20 161,595.20 Police Officer Trainee 40 4404 457 62.54 5,003.38 130,087.88 65.67 5,253.60 136,593.60 68.95 5,516.33 143,424.58 72.40 5,792.09 150,594.34 76.02 6,081.71 158,124.46 Police Sergeant 40 4405 401 77.21 6,176.88 160,598.88 81.07 6,485.73 168,628.98 85.13 6,810.01 177,060.26 89.38 7,150.61 185,915.86 93.85 7,508.13 195,211.38 Police Support Services Mgr 60 1404 657 65.19 5,215.27 135,597.02 - - - - - - - - - 91.27 7,301.71 189,844.46 Pool Manager 70 5608 708 23.72 1,897.60 49,337.60 - - - - - - - - - 33.05 2,644.00 68,744.00 Principal Civil Engineer 80 2204 822 71.91 5,752.43 149,563.05 - - - - - - - - - 93.52 7,481.55 194,520.42 Principal Planner 80 2811 823 74.14 5,930.89 154,203.23 - - - - - - - - - 89.79 7,183.23 186,763.94 Program Coordinator 50 5606 523 41.66 3,332.62 86,648.12 - - - - - - - - - 54.83 4,386.73 114,054.98 Public Information Officer 60 1122 674 64.70 5,175.88 134,572.88 - - - - - - - - - 90.58 7,246.26 188,402.76 Public Services Assistant I 50 6601 524 34.75 2,780.15 72,283.90 36.49 2,919.18 75,898.68 38.31 3,065.18 79,694.68 40.23 3,218.42 83,678.92 42.24 3,379.33 87,862.58 Public Services Assistant II 50 6602 525 38.23 3,058.15 79,511.90 40.14 3,211.11 83,488.86 42.15 3,371.64 87,662.64 44.25 3,540.29 92,047.54 46.47 3,717.21 96,647.46 Public Works Director 60 1204 635 90.69 7,255.01 188,630.26 - - - - - - - - - 126.96 10,157.05 264,083.30 Public Works Inspector 50 3202 526 56.11 4,488.96 116,712.96 58.92 4,713.46 122,549.96 61.86 4,949.08 128,676.08 64.96 5,196.56 135,110.56 68.20 5,456.35 141,865.10 Public Works Manager 60 1117 648 60.36 4,828.73 125,546.98 - - - - - - - - - 84.50 6,760.22 175,765.72 Purchasing Agent 80 1106 826 59.36 4,748.93 123,472.17 - - - - - - - - - 76.56 6,124.80 159,244.72 Recreation Administrative Asst 70 5619 712 18.20 1,456.00 37,856.00 - - - - - - - - - 25.36 2,028.80 52,748.80 Recreation Attendant 70 5618 711 18.20 1,456.00 37,856.00 - - - - - - - - - 25.36 2,028.80 52,748.80 Recreation Instructors 70 5607 707 18.82 1,505.60 39,145.60 - - - - - - - - - 37.64 3,011.20 78,291.20 Recreation Leader 70 5617 706 18.20 1,456.00 37,856.00 - - - - - - - - - 25.36 2,028.80 52,748.80

Page 78 of 1283 ends

11/21/2025 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection - MidCon 5%

Page 4 of 4 ends

Step A Step B Step C Step D Step E
Classification Union CodeOcc CodePay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Recreation Services Supervisor 80 2601 827 56.71 4,536.45 117,947.74 - - - - - - - - - 74.63 5,970.57 155,234.90 Recreation Svcs Assistant I 50 8601 527 19.64 1,571.46 40,857.96 20.63 1,650.01 42,900.26 21.66 1,732.57 45,046.82 22.74 1,819.16 47,298.16 23.88 1,910.16 49,664.16 Recreation Svcs Assistant II 50 8602 528 23.32 1,865.82 48,511.32 24.49 1,959.32 50,942.32 25.72 2,057.24 53,488.24 27.00 2,160.15 56,163.90 28.35 2,268.10 58,970.60 Recreation Svcs Assistant III 50 8603 529 26.81 2,144.74 55,763.24 28.15 2,251.92 58,549.92 29.56 2,364.52 61,477.52 31.03 2,482.73 64,550.98 32.59 2,606.92 67,779.92 Recreation Svcs Assistant IV 50 8604 530 31.45 2,516.34 65,424.84 33.03 2,642.15 68,695.90 34.68 2,774.24 72,130.24 36.41 2,912.97 75,737.22 38.23 3,058.61 79,523.86 Retired Annuitant - Extra Help 70 5107 747 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Retired Annuitant - Interim 70 5108 748 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Risk Analyst 80 2130 857 46.87 3,749.30 97,481.75 - - - - - - - - - 61.69 4,935.22 128,315.73 SCADA Technician 20 8627 240 50.39 4,031.01 104,806.26 53.04 4,243.18 110,322.68 55.83 4,466.51 116,129.26 58.77 4,701.58 122,241.08 61.86 4,949.04 128,675.04 Senior Accountant 80 2110 829 52.76 4,220.40 109,730.44 - - - - - - - - - 69.44 5,554.97 144,429.29 Senior Accounting Technician 50 6106 539 42.05 3,363.97 87,463.22 44.15 3,532.20 91,837.20 46.36 3,708.80 96,428.80 48.68 3,894.28 101,251.28 51.11 4,088.95 106,312.70 Senior Administrative Analyst 80 2112 834 58.27 4,661.58 121,201.08 - - - - - - - - - 76.70 6,136.28 159,543.38 Senior Building Inspector 50 3804 531 64.81 5,184.71 134,802.46 68.05 5,444.02 141,544.52 71.45 5,716.18 148,620.68 75.02 6,001.95 156,050.70 78.78 6,302.08 163,854.08 Senior Buyer 80 2129 856 56.00 4,479.68 116,471.63 - - - - - - - - - 68.17 5,453.86 141,800.30 Senior Executive Assistant 80 6123 855 50.19 4,015.32 104,398.20 - - - - - - - - - 66.06 5,285.08 137,412.09 Senior HR Analyst 80 2122 841 54.41 4,352.42 113,162.87 - - - - - - - - - 71.61 5,729.08 148,956.17 Senior Plan Check Engineer 50 3806 534 74.85 5,987.61 155,677.86 78.59 6,287.15 163,465.90 82.52 6,601.23 171,631.98 86.64 6,930.95 180,204.70 90.97 7,277.42 189,212.92 Senior Planner 80 2805 830 67.96 5,437.08 141,364.04 - - - - - - - - - 82.61 6,608.98 171,833.57 Senior Public Works Inspector 50 3203 535 64.81 5,184.75 134,803.50 68.05 5,444.02 141,544.52 71.45 5,716.19 148,620.94 75.02 6,001.95 156,050.70 78.78 6,302.08 163,854.08 Senior Public Works Lead 20 8609 225 59.29 4,743.18 123,322.68 62.25 4,980.34 129,488.84 65.37 5,229.36 135,963.36 68.64 5,490.81 142,761.06 72.07 5,765.51 149,903.26 Senior SCADA Technician 20 8628 241 55.43 4,434.12 115,287.12 58.34 4,667.50 121,355.00 61.41 4,913.15 127,741.90 64.65 5,171.74 134,465.24 68.05 5,443.94 141,542.44 Special Project Associate 70 5105 750 20.00 1,600.00 41,600.00 - - - - - - - - - 50.00 4,000.00 104,000.00 Special Project Associate 70 8605 750 20.00 1,600.00 41,600.00 - - - - - - - - - 50.00 4,000.00 104,000.00 Sr Code Enforcement Officer 50 5806 545 57.58 4,606.19 119,760.94 60.44 4,835.59 125,725.34 63.48 5,078.03 132,028.78 66.65 5,332.31 138,640.06 69.98 5,598.37 145,557.62 Sr. City Manager Analyst 60 1125 694 64.90 5,192.31 135,000.06 - - - - - - - - - 84.13 6,730.77 175,000.02 Sr. Public Services Assistant 50 5615 549 42.64 3,411.17 88,690.42 44.77 3,581.73 93,124.98 47.01 3,760.81 97,781.06 49.36 3,948.86 102,670.36 51.83 4,146.30 107,803.80 Sr. Special Projects Associate 70 5106 749 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Staff Assistant 70 5104 745 18.20 1,456.00 37,856.00 - - - - - - - - - 28.16 2,252.80 58,572.80 Student Intern 70 5103 740 18.20 1,456.00 37,856.00 - - - - - - - - - 30.00 2,400.00 62,400.00 Transporation & Traffic Mgr 60 1202 675 64.70 5,175.88 134,572.88 - - - - - - - - - 90.58 7,246.26 188,402.76 Water Meter Technician I 20 8104 216 35.04 2,628.23 68,333.98 36.80 2,759.72 71,752.72 38.64 2,897.71 75,340.46 40.57 3,042.53 79,105.78 42.60 3,194.69 83,061.94 Water Meter Technician I -40 20 8620 235 35.05 2,803.66 72,895.16 36.80 2,943.85 76,540.10 38.63 3,090.61 80,355.86 40.56 3,245.02 84,370.52 42.60 3,408.22 88,613.72 Water Meter Technician II 20 8105 217 38.55 2,891.14 75,169.64 40.48 3,035.66 78,927.16 42.50 3,187.41 82,872.66 44.62 3,346.80 87,016.80 46.86 3,514.17 91,368.42 Water Meter Technician II -40 20 8621 236 38.55 3,084.02 80,184.52 40.48 3,238.46 84,199.96 42.49 3,399.45 88,385.70 44.63 3,570.30 92,827.80 46.86 3,748.82 97,469.32 Water Systems Operator 20 7211 219 53.57 4,018.07 104,469.82 56.25 4,218.55 109,682.30 59.07 4,429.89 115,177.14 62.02 4,651.39 120,936.14 65.12 4,883.97 126,983.22 Water Systems Operator - 40 20 8622 237 53.88 4,310.74 112,079.24 56.59 4,526.81 117,697.06 59.42 4,753.59 123,593.34 62.39 4,991.05 129,767.30 65.52 5,241.35 136,275.10 Union Code Union Description10 IAFF - International Association of Firefighters20 MEA - Milpitas Employee Association40 MPOA - Milpitas Police Officers Association50 Pro-Tech - Milpitas Professional and Technical Group60 Unrep - Unrepresented70 Temps - Temporary80 Mid-Con - UPEC Mid-Mgmt-Confidential Unit

Page 79 of 1283 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution to Conduct a Solar Streetlight Pilot Project, Approve a Cooperative Purchase Agreement with Fonroche Lighting America, and Approve a Budget Appropriation for Hammond Way Streetlight Project, CIP No. 4301 (Staff: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 12/2/2025
Recommendation: Adopt a resolution to (1) Conduct a solar streetlight pilot project; (2) Approve and authorize the City Manager, or designee, to execute a cooperative purchase agreement with Fonroche Lighting America through a cooperative procurement contract solicited by Sourcewell, in an amount not-to-exceed $100,712; (3) Approve a budget appropriation in the amount of $110,000 from the Streetlight, Signage, Traffic Signal Improvements, CIP No. 3440; and (4) Authorize the Public Works Director, or designee, to negotiate and execute contract change order(s) in an aggregate amount not-to-exceed $25,000 for Hammond Way Streetlight Project, CIP No. 4301.

BACKGROUND:

The Hammond Way Streetlight Project, CIP No. 4301 (Project) is in the Adopted FY 2026-2030 Capital Improvement Program (CIP). The Project will install six (6) solar streetlights to address concerns for nearby residents parking their vehicles and motorists traveling in front of the Union Pacific Railroad (UPRR) property on Hammond Way between Parc Place Drive and the San Francisco Public Utility Commission (SFPUC) property.

Staff completed an assessment for the installation of City-standard streetlights comprised of a 30-foot-high Type 15 pole with an 8-foot mast arm that connects to the Pacific Gas & Electric (PG&E) electrical grid system.

The scope of work would entail engaging a design consultant, trenching approximately 1,500 feet to PG&E’s nearest power source, obtaining permitting for construction with PG&E and SFPUC, and modifying existing overhead and underground utilities due to potential conflicts for an estimated cost between $600,000 and $700,000.

Due to the complexities and cost, staff explored installing solar streetlights in lieu of City-standard streetlights.

Staff researched several vendors and invited two reputable vendors to present their products. Staff found solar streetlight installation can be at least 50% less expensive than the City-standard streetlight because it is not dependent on PG&E’s electrical grid system, eliminating the cost of construction associated with the power source and permitting. Additional benefits of solar streetlights include more cost-effective installation, no recurring PG&E electricity bills, reduced risk of wire theft, and alignment with the City’s Climate Action Plan. All these benefits aside, there are some long-term maintenance costs and limitations with solar streetlights, which are that the battery and solar panel requires replacement between 10 to 20 years; performance can be affected by weather conditions; and installation locations can be limited as the panels require full exposure to sunlight.

ANALYSIS:

As solar streetlight are not part of the City’s adopted standard details and specifications established by the Engineering Division of the Public Works Department, staff recommends conducting a pilot project with Fonroche Lighting America (Fonroche) to consider solar streetlights as an alternative to City-standard streetlights for areas lacking lighting on or adjacent to City facilities, parks, and roadways. This would allow

Page 80 of 1283 ends

staff to evaluate the product, determine whether solar lighting is a viable alternative, and develop a standard operating procedure and determine long-term maintenance costs.

The City of Milpitas Municipal Code Section I-2-3.05 (d) (Public Agency Purchases) specifically authorizes the City Manager to execute agreements to purchase supplies and services without complying with the quotation or bidding requirements of Chapter 2 – Purchasing of the Municipal Code, if such purchases are based on an agreement or entered into by any public agency or cooperative purchasing program utilizing public agency procurements as the basis for contracts offered, regardless of whether the City is a named party to the agreement or an actual participant in such a program, provided that: (i) the underlying purchase was made using competitive negotiation or procurement procedures, and may include a nationally bid cooperative contract; and (ii) the public agency is a “public agency” as defined in Government Code section 6500. The viability of solar streetlights is a relatively niche market. Staff determined that leveraging the buying power of a larger public agency to get the best volume pricing and avoiding duplicative procurement costs would be the most cost-effective approach for the Project.

Sourcewell is a municipal contracting agency that operates as a public entity under legislative authority through Minnesota Statute Section 123A.21 and meets the definition of a public agency under Government Code Section 6500. Sourcewell was established with the statutory purpose to assist its members in meeting specific needs that are more effectively delivered cooperatively than by an individual entity. Sourcewell cooperative purchasing contracts are made available to its members through the Minnesota joint exercise of powers law.

Sourcewell members outside of Minnesota may use its cooperative contracts under the authority of joint powers or intergovernmental cooperation laws.

The City of Milpitas became a participating Sourcewell member on January 11, 2008 (Account Number 17931).

Sourcewell solicited on behalf of its current and potential member agencies Request for Proposals (RFP) No. 041525 for “Smart Infrastructure Solutions, Outdoor Sensors, and Related Products and Services” on February 25, 2025, and awarded Contract No. 041525 to Fonroche with a contract term effective through July 22, 2029, on August 8, 2025. Staff reviewed the documentation from Sourcewell regarding Contract No. 041525 and has determined the underlying purchase was made using competitive bidding procedures at least as restrictive as the City, as shown in Exhibit B of Attachment B.

Staff recommends the City Council adopt a resolution (Attachment A) to approve a pilot project for solar streetlight installation (and for consideration as a potential City-standard streetlight) and authorize the City Manager, or designee, to execute a cooperative purchase agreement with Fonroche through a cooperative procurement contract solicited by Sourcewell in an amount not-to-exceed $100,712 (Attachment B).

The total Project budget is estimated at $200,000, and the available balance in the Project is $90,000, resulting in a funding shortfall of approximately $110,000. Staff recommends the City Council approve an appropriation of $110,000 from the Streetlight, Signage, & Traffic Signal Improvements (CIP No. 3440) into the Project to address the funding shortfall. CIP No. 3440 is intended to provide for repairs and improvements to Citywide streetlights, signage, and traffic signals and is funded via the annual Gas Tax revenue that can only be used to fund qualifying roadway projects. The Project is a qualifying roadway project.

The recommended construction contingency for the Project is $25,000, equal to 25% of the total contract value, to address any unforeseen conditions that arise during the installation of the solar power streetlights.

Consistent with prior Council action to ensure the successful completion of projects with tight completion schedules, staff is requesting the use of the same change order policy used for previous projects (Attachment C). This policy allows for a timely completion of the Project while enabling swift response to construction conditions and approval of necessary change orders to limit potential claims or risks to the City.

The change order authority will not be exceeded without prior City Council approval.

PROJECT SCHEDULE:

Upon City Council approval staff anticipates the Project would commence in Spring/Summer 2026 and be completed by the end of 2026.

Page 81 of 1283 ends

POLICY ALTERNATIVES:

Alternative 1: Do not approve a pilot project of solar streetlight installation, cooperative purchase agreement with Fonroche, and budget appropriation.

Pros: The Project funding will be returned to the Street Improvement Fund to support other priority infrastructure needs.

Cons: The public safety concerns due to the absence of adequate lighting to nearby residents parking their vehicles and to motorists traveling on Hammond Way would remain unresolved. As funding for City-standard streetlights that connect to PG&E’s electrical grid will be challenging, the Project schedule would be postponed indefinitely.

Reason not Recommended: The City will miss the opportunity to evaluate if the solar streetlight can become an alternative to the City’s standard streetlight that solely relies on PG&E’s electrical grid. This alternative could be a viable option to address deficient areas at a lower cost, while also aligning with the City Climate Action Plan initiatives.

FISCAL IMPACT:

The City Council appropriated $100,000 from the Street Improvement Fund as part of the adopted 2025-2029 Capital Improvement Program for the Project; the remaining balance is approximately $90,000. The total Project budget is estimated at $200,000, resulting in a $110,000 funding shortfall and requiring a budget appropriation from another CIP Project.

Staff recommends appropriating $110,000 from the Streetlight, Signage, Traffic Signal Improvements (CIP No. 3440) into the Project to address the funding shortfall.CIP No. 3440 is intended to provide for repairs and improvements to Citywide streetlights, signage, and traffic signals and is funded via the annual Gas Tax revenue that can only be used to fund qualifying roadway projects. The Project is a qualifying roadway project. The tables below provide a summary of the budget appropriation amendment and the Project’s projected expenditures.

Table 1: Summary of Budget Appropriation of the Project Project
No. Project Name Uncommitted
Balance*
Transfer to
CIP 4301
Remaining
Balance
3440 Streetlight, Signage, Traffic Signal Improvements $ 1,701,000 ($ 110,000) $ 1,591,000 4301 Hammond Way Street Light Project $ 90,000 $ 110,000 $ 200,000 *Balances as of November 30, 2025

Table 2: Summary of Estimated Budget Expenditures
Fonroche Contract $100,712
Construction Contingency $25,000
Administration and Inspection $74,288
Total $200,000

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The Project consists of the construction and location of a limited number of new small facilities, as it involves a minor extension of the streetlighting system of reasonable length within the existing public right-of-way, which is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15303.

ATTACHMENTS:
(a) Resolution
(b) Cooperative Purchase Agreement
(c) Change Order Policy

Page 82 of 1283 ends

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS CONDUCT A SOLAR STREETLIGHT PILOT PROJECT; APPROVE AND AUTHORIZE CITY

MANAGER, OR DESIGNEE, TO EXECUTE A COOPERATIVE PURCHASE

AGREEMENT WITH FONROCHE LIGHTING AMERICA THROUGH A

COOPERATIVE PROCUREMENT CONTRACT SOLICITED BY SOURCEWELL, IN AN AMOUNT NOT-TO-EXCEED $100,712; APPROVE A BUDGET APPROPRIATION IN THE AMOUNT OF $110,000 FROM THE GAS TAX FUND IN STREETLIGHT, SIGNAGE, TRAFFIC SIGNAL IMPROVEMENTS, CIP NO. 3440; AND AUTHORIZE

THE PUBLIC WORKS DIRECTOR, OR DESIGNEE, TO NEGOTIATE AND EXECUTE

CONTRACT CHANGE ORDER(S) IN AN AGGREGATE AMOUNT NOT-TO-EXCEED $25,000 FOR HAMMOND WAY STREETLIGHT PROJECT, CIP NO. 4301.

WHEREAS, the Hammond Way Street Light Project, CIP No. 4301 (“Project”) is in the adopted 2026- 2030 Capital Improvement Program (CIP); and provides for the installation of six solar streetlights to address a public safety hazard to nearby residents parking their vehicles and to motorists traveling in front of the Union Pacific Railroad (UPRR) property on Hammond Way between Parc Place Drive and the San Francisco Public Utility Commission (SFPUC) property for approximately 1,000 feet in length of the road section; and

WHEREAS, staff recommends conducting a pilot project with Fonroche Lighting America (Fonroche) to consider solar streetlight as an alternative to City-standard streetlights for areas lacking lighting on City facilities, parks, and roadways to evaluate the product and determine whether solar lighting is a viable alternative, and develop a standard operating procedure and maintenance costs as solar streetlight is not part of the City’s adopted standard details and specifications established by the Engineering Division of Public Works Department; and

WHEREAS, the purchase of solar lights through Fonroche is a niche market, an industry where they provide a comprehensive service from design to installation, and staff determined that the solicitation methods under Municipal Code Section I-2-3.01 were not practicable and a cooperative procurement agreement would be the most cost-effective approach for the Project; and

WHEREAS, Municipal Code Section I-2-3.05 (d) specifically authorizes the City Manager to execute agreement to purchase supplies and services without complying with the quotation or bidding requirements of Chapter 2 – Purchasing of the Municipal Code, if such purchases are based on an agreement or entered into by any public agency or cooperative purchasing program utilizing public agency procurements as the basis for contracts offered, regardless of whether the City is a named party to the agreement or an actual participant in such a program, provided that: (i) the underlying purchase was made using competitive negotiation or procurement procedures, and may include a nationally bid cooperative contract; and (ii) the public agency is a “public agency” as defined in Government Code section 6500; and

WHEREAS, Sourcewell is a municipal contracting agency that operates as a public entity under legislative authority through Minnesota Statute 123A.21 and qualifies as a public agency under Government Code section 6500, and the City of Milpitas has been a participating Sourcewell member since January 11, 2008; and

WHEREAS, Sourcewell issued Request for Proposals No. 041525 for Smart Infrastructure Solutions, Outdoor Sensors, and Related Products and Services on February 25, 2025, and awarded Contract No. 041525 to Fonroche effective through July 22, 2029 on August 8, 2025; and

WHEREAS, staff reviewed the RFP and Contract No. 041525 and determined the procurement met competitive bidding requirements at least as restrictive as those of the City; and

WHEREAS, staff recommends the City Council approve and authorize the City Manager to execute a cooperative purchase agreement with Fonroche through a cooperative procurement contract solicited by Sourcewell, in an amount not-to-exceed $100,712; and

Page 83 of 1283 ends

2 Resolution No. ____

WHEREAS, the Engineer’s Estimate for the Project is $200,000 and there are not sufficient funds available in the Project and requires a budget appropriation; and

WHEREAS, staff recommends the City Council approve the budget appropriation of $110,000 from the Gas Tax Fund in Streetlight, Signage, and Traffic Signal Improvements, CIP No. 3440, into the Project; and

WHEREAS, the Project consists of the construction and location of a limited number of new small facilities, as it involves a minor extension of the streetlighting system of reasonable length within the existing public right-of-way, which is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15303.

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

2. The City Council hereby approves the solar streetlight pilot project.

3. The City Council hereby authorizes the City Manager, or designee, to execute a cooperative purchase agreement with Fonroche Lighting America through a cooperative procurement contract solicited by Sourcewell, in an amount not-to-exceed $100,712.

4. The City Council hereby approves a budget appropriation in the amount of $110,000 from the Gas Tax Fund in Streetlight, Signage, and Traffic Signal Improvements, CIP No. 3440, for the Project.

5. The City Council hereby authorizes the Public Works Director, or designee, to negotiate and execute contract change order(s) in an aggregate amount not-to-exceed $25,000 for the Project.

PASSED AND ADOPTED this day of , 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

_____________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

_____________________________
Christopher Creech, Acting City Attorney

Page 84 of 1283 ends

38077.00180\34047676.2 C2

CITY OF MILPITAS

COOPERATIVELY PURCHASED AGREEMENT FOR PROCUREMENT AND

INSTALLATION OF SIX SOLAR POWERED STREETLIGHT
CONTRACT NO. _________

This Cooperatively Purchaed Agreement for PROCUREMENT AND INSTALLATION OF SIX SOLAR POWERED STREETLIGHT (“Agreement”) is entered into as of the _____ day of _______________, 2025 by and between the City of Milpitas, a municipal corporation organized under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”) and Fonroche Lighting America, a corporation with its principal place of business at 2224 SE Loop 820, Building C, Fort Worth, TX 76140 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement

RECITALS

WHEREAS, on August 3, 2025, the Sourcewell awarded a contract to Contractor entitled Master Agreement #041525, Smart Infrastructure Solutions, Outdoor Sensors, and Related Products and Services (“Original Contract”), pursuant to a competitive solicitation process performed in accordance with the competitive procurement rules applicable to Sourcewell; and

WHEREAS, pursuant to the City’s purchasing ordinance, the City is authorized to utilize cooperative purchasing to utilize contracts based on an agreement or entered into by any public agency or cooperative purchasing program utilizing public agency procurements as the basis for contracts offered, regardless of whether the City is a named party to the agreement or an actual participant in such a program; and

WHEREAS, the Original Contract is listed in the purchasing schedule offered by Sourcewell, a Minnesota Service cooperative purchasing program; and

WHEREAS, the City desires to rely on the Original Contract entered into between Sourcewell and Contractor and procure and install six (6) solar powered streetlight on the same terms and conditions set forth therein pursuant to this Agreement.

NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. Recitals. The foregoing recitals are true and correct and are a part of this Agreement.

2. Term. The term of this Agreement shall be from November 18, 2025 to December 31, 2026, unless earlier terminated as provided herein. The City reserves the right to review the Contractor’s performance at the end of each year and cancel all or part of the Agreement. This Agreement may be extended by the City for one (1) additional one-year terms upon mutual written consent of the City and Contractor.

3. Incorporation By Reference . The Scope of Services is attached hereto as Exhibit “A” and incorporated herein by this reference. The Original Contract, including all documents incorporated by reference therein, is attached hereto as Exhibit “B” and incorporated herein by this reference – all references in the Original Contract to Sourcewell shall be understood to mean the City of Milpitas. The Contractor’s Proposal is attached hereto as Exhibit “C” and is incorporated herein by reference. The incorporation of the Original Contract and the Contractor’s Proposal as part of this Agreement is subject to the order of precendence set forth below.

Page 85 of 1283 ends

38077.00180\34047676.2 C2

4. Precedence of Agreement Documents . If there is a conflict between Agreement documents, the document highest in precedence shall control. The precedence shall be:

One: This Agreement
Two: The Original Contract
Three: The Contractor’s Proposal

Amendments, supplemental agreements, and approved revisions to the Agreement or any part thereof become a part of item One above.

5. Obligations of the City.

A. The City shall be obligated to pay Contractor based upon the unit and/or lump sum prices set forth in the Original Contract and/or the Contractor’s Proposal for services authorized by the City.

B. Payments to the Contractor shall be made within 30 days after receipt of an original invoice from the Contractor and acceptance of the services by City, in acordance with the following payment milestones:
o 35% Due Upon shipping of the lighting assemly to site o 65% Balance due 30 dyas after final acceptance

C. In no event shall the total amount paid for this Agreement exceed One Hundred Thousand Seven Hundred Twelve Dollars ($100,712.00 ) unless otherwise agreed to by the parties in writing.

6. Obligations of the Contractor.

A. Contractor shall perform the Scope of Services as required by this Agreement.

B. Contractor shall obey all Federal, State, local, and special district laws, ordinances, and regulations. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Scope of Services is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of the Scope of Services, including any delay, shall be Contractor’s sole responsibility and Contractor shall indemnify City from liability arising out of the same. It shall be mandatory upon the Contractor and all subcontractors to comply with all applicable California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815), contractor registration (Labor Code Sections 1725.5 and 1771.1) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 and to be registered with the California Department of Industrial Relations shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1771.4, 1725.5 and 1771.1.

Page 86 of 1283 ends

38077.00180\34047676.2 C2

C. The Contractor shall keep a tally of the cost for the services ordered by City. The Contractor shall not accept work orders from the City if the cost for the work will exceed the amount indicated above unless otherwise agreed to by the parties in writing.

7. Audit. City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its statements to City as a condition precedent to any payment to Contractor.

8. Hold Harmless and Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

9. Amendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon mutual written approval by the City and Contractor.

10. Anti-Discrimination. In the performance of the terms of this Agreement, Contractor shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons.

11. Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished documents and data and other information of any kind prepared by Contractor in connection with the performance of services under this Agreement.

Contractor shall be required to provide such documents and other information within fifteen (15) days of the request. The Contractor understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, the Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. T he City has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and City Council. Contractor’s assumption of risk of possible non-appropriation is a part of the consideration for the Agreement. This section controls against any and all other provisions of the Agreement

12. Complete Contract. This Agreement shall constitute the complete Agreement between the parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the parties hereto.

Page 87 of 1283 ends

38077.00180\34047676.2 C2

13. Time of Performance. Time is of the essence in this Agreement.

14. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void.

15. Authority to Execute Contract . Both City and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute contracts for such party.

16. Insurance. Contractor shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit “D” (Insurance Requirements), attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.

17. Jurisdiction and Venue. Jurisdiction is in the State of California and venue lies in Santa Clara County.

18. Wage Theft Prevention. Contractor, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws.

Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance. BY SIGNING THIS AGREEMENT,

CONTRACTOR AFFIRMS THAT IT HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR

ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT THAT CONTRACTOR OR ITS SUBCONTRACTORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS.

CONTRACTOR FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS EITHER

FULLY SATISFIED EACH JUDGMENT, DECISION OR ORDER, OR, IF ANY JUDGMENT,

DECISION OR ORDER HAS NOT BEEN FULLY SATISFIED, CONTRACTOR AFFIRMS THAT IT

OR ITS SUBCONTRACTOR(S) IS CURRENTLY SATISFYING SAID JUDGMENT, DECISION OR

ORDER THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY THE APPLICABLE

COURT/GOVERNMENT AGENCY AND THAT CONTRACTOR OR ITS SUBCONTRACTOR(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.

If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Contractor or a subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Contractor or its subcontractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Contractor or its subcontractor is subject to a payment or other alternative plan, the Contractor or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied. For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under

Page 88 of 1283 ends

38077.00180\34047676.2 C2

this Agreement and/or law. Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

19. Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Fonroche Lighting America
2224 SE Loop 820, Building C
Fort Worth, TX 76140
Attn: Ryan Lortie

City:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Michael Silveira, P.E.

City Engineer
Public Works Departement -Engineering Division

Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.

Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

[SIGNATURES ON NEXT PAGE]

Page 89 of 1283 ends

38077.00180\34047676.2 C2

SIGNATURE PAGE FOR AGREEMENT FOR PROCUREMENT

AND INSTALLATION OF SIX SOLAR POWERED STREETLIGHT

BETWEEN THE CITY OF MILPITAS

AND FONROCHE LIGHTING AMERICA

IN WITNESS WHEREOF, the parties have entered into this Agreement as of the ____________ day of ____________, 2025.

CITY OF MILPITAS
Approved By:

Deanna J. Santana , Interim City Manager

Date

Approved As To Form:

Christopher Creech, Acting City Attorney

FONROCHE LIGHTING AMERICA

Signature

Name

Title

Date

Approved:

Luz Cofresí-Howe
Finance Director/Risk Manager

Approved As To Content:

Christian Di Renzo, Public Works Director

Page 90 of 1283 ends

38077.00180\34047676.2 C2

EXHIBIT “A”

SCOPE OF SERVICES

I. PROJECT DESCRIPTION

The project includes furnishing and installation of six (6) solar powered streetlights supplied by Fonroche Lighting America (Fonroche) along Hammond Way as shown on Figure 01.

Figure 1: Hammond Way Lighting Plan
II. SCOPE OF WORK

1. Provide and maintain all necessary traffic control in accordance with the latest California MUTCD standards. This includes furnishing and installing advance warning signs, barricades, cones, and safety devices as required to ensure safe movement of vehicles and pedestrians through and around the work zone as shown in Figure 2.

2. Contact Underground Service Alert (USA North 811) at least 48 hours before any excavation activities.

3. Provide all necessary permits as applicable.

4. Perform all excavation necessary to achieve the required depth and dimensions for the light pole foundations. Properly handle, load, and legally dispose of all excavated materials off-site at an approved disposal facility. Maintain clean work areas and restore the site to its original condition after excavation. All work shall be within landscape area, no cutting/extraction of existing concrete/asphalt nor Removal/disposal of existing equipment is required.

5. Prepare foundation design calculations and shop drawings stamped by a licensed professional engineer for approval prior to construction. Construct six (6) reinforced concrete footings (24” diameter by 8 feet high), with 3 feet exposed above grade. Include necessary anchor bolts and reinforcing steel per approved design and manufacturer’s specifications.

6. Provide and install six (6) solar-powered streetlight systems, including poles, luminaires, photovoltaic panels, battery units, remote management and

Page 91 of 1283 ends

38077.00180\34047676.2 C2

monitoring system (Fonroche Connect), and all associated hardware. Installation shall conform to the manufacturer’s specifications and ensure proper alignment, height, and illumination coverage.

7. Configure and program all solar lighting units to achieve desired operational settings, such as dusk-to-dawn activation, dimming schedules, and communication features (if applicable).

8. Conduct system testing and commissioning to verify full functionality, including light output, charging performance, and system diagnostics. Provide training and operation manuals to City staff upon completion.

Figure 2: Traffic Control Plan

III. SCHEDULE

Fonroche shall complete all improvement within 180 calendar days after issuance of the notice to proceed.

Page 92 of 1283 ends

38077.00180\34047676.2 C2

EXHIBIT “B”

ORIGINAL CONTRACT

Attached Behind This Page

Page 93 of 1283 ends

041525-FNR

v052824 1

MASTER AGREEMENT #041525
CATEGORY: ^ŵĂƌƚ/ŶĨƌĂƐƚƌƵĐƚƵƌĞ^ŽůƵƟŽŶƐ͕KƵƚĚŽŽƌ^ĞŶƐŽƌƐ͕ĂŶĚZĞůĂƚĞĚWƌŽĚƵĐƚƐĂŶĚ^ĞƌǀŝĐĞƐ ^hWW>/
Z͗ &ŽŶƌŽĐŚĞ>ŝŐŚƟŶŐŵĞƌŝĐĂ

This Master Agreement (Agreement) is between Sourcewell, ĂDŝŶŶĞƐŽƚĂƐĞƌǀŝĐĞĐŽŽƉĞƌĂƟǀĞlocated at 202 12th Street Northeast, P .O. Box 219, Staples, MN 56479 (Sourcewell) and &ŽŶƌŽĐŚĞ>ŝŐŚƟŶŐŵĞƌŝĐĂ͕ 2224 SE Loop, 820 Building C, Fort Worth, TX 76140 (Supplier).

Sourcewell is a ůŽĐĂůŐŽǀĞƌŶŵĞŶƚĂŶĚƐĞƌǀŝĐĞĐŽŽƉĞƌĂƟǀĞĐƌĞĂƚĞĚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨ DŝŶŶĞƐŽƚĂ;DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐ^ĞĐƟŽŶϭϮϯ͘ϮϭͿŽīĞƌŝŶŐ a CŽŽƉĞƌĂƟǀĞPurchasing Program to eligible ƉĂƌƟĐŝƉĂƟŶŐŐŽǀĞƌŶŵĞŶƚĞŶƟƟĞƐ.

Under this Master Agreement entered with Sourcewell, Supplier will provide /ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ to WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐƚŚƌŽƵŐŚ^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing Program.

ƌƟĐůĞϭ͗
General Terms

dŚĞ'ĞŶĞƌĂůd ĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϭĐŽŶƚƌŽůƚŚĞŽƉĞƌĂƟŽŶŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůů and ^ƵƉƉůŝĞƌĂŶĚĂƉƉůǇƚŽĂůůƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚďǇ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐ͘^ƵďƐĞƋƵĞŶƚ
ƌƟĐůĞƐƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚĐŽŶƚƌŽůƚŚĞƌŝŐŚƚƐĂŶĚŽďůŝŐĂƟŽŶƐĚŝƌĞĐƚůǇďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ ^ƵƉƉůŝĞƌ;ƌƟĐůĞϮͿ͕ĂŶĚďĞƚǁĞĞŶ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐ ŶƟƚǇ;ƌƟĐůĞϯͿ͕ƌĞƐƉĞĐƟǀĞůǇ͘dŚĞƐĞƌƟĐůĞϭ
'ĞŶĞƌĂůd ĞƌŵƐĐŽŶƚƌŽůŽǀĞƌĂŶǇĐŽŶŇŝĐƟŶŐƚĞƌŵƐ͘tŚĞƌĞƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƐŝůĞŶƚŽŶĂŶǇƐƵďũĞĐƚ͕ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇĂŶĚ^ƵƉƉůŝĞƌƌĞƚĂŝŶƚŚĞĂďŝůŝƚǇƚŽŶĞŐŽƟĂƚĞŵƵƚƵĂůůǇĂĐĐĞƉƚĂďůĞƚĞƌŵƐ.

1) WƵƌƉŽƐĞ͘ Pursuant to Minnesota law, tŚĞ^ŽƵƌĐĞǁĞůůŽĂƌĚŽĨŝƌĞĐƚŽƌƐŚĂƐĂƵƚŚŽƌŝǌĞĚ ĂŽŽƉĞƌĂƟǀĞ Purchasing Program designed to provide PĂƌƟĐŝƉĂƟŶŐEŶƟƟĞƐǁŝƚŚĂĐĐĞƐƐƚŽĐŽŵƉĞƟƟǀĞůǇĂǁĂƌĚĞĚ ĐŽŽƉĞƌĂƟǀĞƉƵƌĐŚĂƐŝŶŐagreements͘dŽĨĂĐŝůŝƚĂƚĞƚŚĞWƌŽŐƌĂŵ͕^ŽƵƌĐĞǁĞůůhas awarded Supplier this ĐŽŽƉĞƌĂƟǀĞƉƵƌĐŚĂƐŝŶŐDĂƐƚĞƌŐƌĞĞŵĞŶƚĨŽůůŽǁŝŶŐĂĐŽŵƉĞƟƟǀĞƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞƐƐŝŶƚĞŶĚĞĚƚŽ ŵĞĞƚĐŽŵƉůŝĂŶĐĞƐƚĂŶĚĂƌĚƐŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚDŝŶŶĞƐŽƚĂůĂǁĂŶĚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐĐŽŶƚĂŝŶĞĚ herein.

2) /ŶƚĞŶƚ͘ dŚĞŝŶƚĞŶƚŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƚŽĚĞĮŶĞƚŚĞƌŽůĞƐŽĨ^ŽƵƌĐĞǁĞůů͕^ƵƉƉůŝĞƌ͕ĂŶĚ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇĂƐŝƚƌĞůĂƚĞƐƚŽ^ŽƵƌĐĞǁĞůů͛ƐŽŽƉĞƌĂƟǀĞWƵƌĐŚĂƐŝŶŐWƌŽŐƌĂŵ͘

ϯͿ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇĐĐĞƐƐ͘ ^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing Program Master Agreements are ĂǀĂŝůĂďůĞƚŽĞůŝŐŝďůĞƉƵďůŝĐĂŐĞŶĐŝĞƐ;WĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐͿ. WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͛ƐĂƵƚŚŽƌŝƚǇƚŽĂĐĐĞƐƐ
^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing PƌŽŐƌĂŵŝƐĚĞƚĞƌŵŝŶĞĚƚŚƌŽƵŐŚƚŚĞůĂǁƐŽĨŝƚƐƌĞƐƉĞĐƟǀĞ ũƵƌŝƐĚŝĐƟŽŶ͘

4) ^ƵƉƉůŝĞƌĐĐĞƐƐ͘ dŚĞ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐŽīĞƌĞĚƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚŵĂǇďĞŵĂĚĞĂǀĂŝůĂďůĞƚŽĂŶǇ WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͘^ƵƉƉůŝĞƌƵŶĚĞƌƐƚĂŶĚƐƚŚĂƚĂWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͛ƐƵƐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĂƚƚŚĞ
WĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇ͛ƐƐŽůĞĐŽŶǀĞŶŝĞŶĐĞ͘^ƵƉƉůŝĞƌǁŝůůĞĚƵĐĂƚĞŝƚƐƐĂůĞƐĂŶĚƐĞƌǀŝĐĞĨŽƌĐĞƐĂďŽƵƚ

!

Page 94 of 1283 ends

041525-FNR

v052824 2

^ŽƵƌĐĞǁĞůůĞůŝŐŝďŝůŝƚǇƌĞƋƵŝƌĞŵĞŶƚƐĂŶĚƌĞƋƵŝƌĞĚĚŽĐƵŵĞŶƚĂƟŽŶ͘^ƵƉƉůŝĞƌǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌ ĞŶƐƵƌŝŶŐƐĂůĞƐĂƌĞǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ.

5) dĞƌŵ͘ dŚŝƐŐƌĞĞŵĞŶƚŝƐĞīĞĐƟǀĞƵƉŽŶƚŚĞĚĂƚĞŽĨƚŚĞĮŶĂůƐŝŐŶĂƚƵƌĞďĞůŽǁ͘dŚĞƚĞƌŵŽĨƚŚŝƐ ŐƌĞĞŵĞŶƚŝƐĨŽƵƌ;ϰͿǇĞĂƌƐĨƌŽŵƚŚĞĞīĞĐƟǀĞĚĂƚĞ͘dŚĞŐƌĞĞŵĞŶƚĞǆƉŝƌĞƐĂƚϭϭ͗ϱϵW ͘D͘ĞŶƚƌĂů Time on July 22, 2029, ƵŶůĞƐƐŝƚŝƐĐĂŶĐĞůůĞĚŽƌĞǆƚĞŶĚĞĚĂƐĚĞĮŶĞĚŝŶƚŚŝƐŐƌĞĞŵĞŶƚ͘

a)
ǆƚĞŶƐŝŽŶƐ͘ Sourcewell and Supplier may agree to up to three ;ϯͿ ĂĚĚŝƟŽŶĂůŽŶĞ-year extensions ďĞǇŽŶĚƚŚĞŽƌŝŐŝŶĂůĨŽƵƌ-ǇĞĂƌƚĞƌŵ͘dŚĞƚŽƚĂůƉŽƐƐŝďůĞůĞŶŐƚŚŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝůůďĞƐĞǀĞŶ(7) ǇĞĂƌƐĨƌŽŵƚŚĞĞīĞĐƟǀĞĚĂƚĞ͘

b)
ǆĐĞƉƟŽŶĂůŝƌĐƵŵƐƚĂŶĐĞƐ͘ ^ŽƵƌĐĞǁĞůůƌĞƚĂŝŶƐƚŚĞƌŝŐŚƚƚŽĐŽŶƐŝĚĞƌĂĚĚŝƟŽŶĂůĞǆƚĞŶƐŝŽŶƐĂƐ ƌĞƋƵŝƌĞĚƵŶĚĞƌĞǆĐĞƉƟŽŶĂůĐŝƌĐƵŵƐƚĂŶĐĞƐ͘

6) ^ƵƌǀŝǀĂůŽĨdĞƌŵƐ͘ EŽƚǁŝƚŚƐƚĂŶĚŝŶŐƚŚĞƚĞƌŵŝŶĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕ƚŚĞŽďůŝŐĂƟŽŶƐŽĨƚŚŝƐ ŐƌĞĞŵĞŶƚǁŝůůĐŽŶƟŶƵĞƚŚƌŽƵŐŚƚŚĞƉĞƌĨŽƌŵĂŶĐĞƉĞƌŝŽĚŽĨĂŶǇƚƌĂŶƐĂĐƟŽŶĞŶƚĞƌĞĚbetween ^ƵƉƉůŝĞƌĂŶĚĂŶǇWĂƌƟĐŝƉĂƟŶŐ
ŶƟƚǇďĞĨŽƌĞƚŚĞƚĞƌŵŝŶĂƟŽŶĚĂƚĞ͘

7) ^ĐŽƉĞ͘Supplier is awarded a Master ŐƌĞĞŵĞŶƚƚŽƉƌŽǀŝĚĞƚŚĞƐŽůƵƟŽŶƐŝĚĞŶƟĮĞĚŝŶ;^ŽůŝĐŝƚĂƟŽŶ #041525ͿƚŽWĂƌƟĐŝƉĂƟŶŐ
ŶƟƟĞƐ͘/Ŷ-^ĐŽƉĞƐŽůƵƟŽŶƐŝŶĐůƵĚĞ͗

a) Outdoor sensors or advanced sensor-ŝŶƚĞŐƌĂƚĞĚůƵŵŝŶĂŝƌĞƐŝŶƚĞŶĚĞĚĨŽƌŵŽƵŶƟŶŐŽŶƐŵĂƌƚ ƉŽůĞƐ͕ĐĂƉĂďůĞŽĨĚĞƚĞĐƟŶŐ͕ŝŶĐůƵĚŝŶŐďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͗ i) ŝƌƋƵĂůŝƚǇƉĂƌĂŵĞƚĞƌƐ͖
ii) >ŝŐŚƟŶŐůĞǀĞůƐĂŶĚĞŶĞƌŐǇƵƐĂŐĞ͖
iii) EŽŝƐĞůĞǀĞůƐ͕ŝŶĐůƵĚŝŶŐŐƵŶƐŚŽƚĂŶĚĂŶŽŵĂůǇĚĞƚĞĐƟŽŶ͖ iv) WĞĚĞƐƚƌŝĂŶĂŶĚǀĞŚŝĐůĞŵŽǀĞŵĞŶƚĂŶĚƉƌĞƐĞŶĐĞ͖ĂŶĚ͕
v) tĞĂƚŚĞƌĐŽŶĚŝƟŽŶƐ͘

b) WŚǇƐŝĐĂůĂƐƐĞƚƐ͕ƉŽůĞƐ͕ĂŶĚŵŽƵŶƟŶŐƐƚƌƵĐƚƵƌĞƐƚŽƐƵƉƉŽƌƚĐŽŶŶĞĐƚĞĚƐŵĂƌƚŝŶĨƌĂƐƚƌƵĐƚƵƌĞ systems.

c) EĞƚǁŽƌŬĐŽŵƉŽŶĞŶƚƐ͕ŐĂƚĞǁĂǇƐ͕ĐŽŶƚƌŽůůĞƌƐ͕ĐŽŵŵƵŶŝĐĂƟŽŶŵŽĚƵůĞƐ͕ŽƌƐƉĞĐŝĂůŝǌĞĚƉůĂƞŽƌŵƐ ŶĞĐĞƐƐĂƌǇĨŽƌĐŽŶŶĞĐƟǀŝƚǇ͕ƌĞŵŽƚĞĐŽŶƚƌŽů͕ŵŽŶŝƚŽƌŝŶŐ͕ĚĂƚĂĐŽůůĞĐƟŽŶ͕ĂŶĚŵĂŶĂŐĞŵĞŶƚŽĨ smart poles and sensors.

d) /ŶƚĞŐƌĂƟŽŶŽƌƚƵƌŶŬĞǇƐĞƌǀŝĐĞƐĚŝƌĞĐƚůǇƌĞůĂƚĞĚƚŽĂͿ– c) above, including deployment, ŝŶƚĞŐƌĂƟŽŶĂƐĂƐĞƌǀŝĐĞ;/ĂĂ^Ϳ͕ĐŽŶĮŐƵƌĂƟŽŶ͕ƚƌĂŝŶŝŶŐ͕ƐƵƉƉŽƌƚ͕ĐĞŶƚƌĂůŝǌĞĚĚĂƚĂĐŽůůĞĐƟŽŶ͕ĂŶĚ ŝŶƚĞŐƌĂƟŽŶǁŝƚŚĞǆŝƐƟŶŐƐŵĂƌƚĐŝƚǇƐǇƐƚĞŵƐ͘KƉƟŽŶĂůĐŽŵƉŽŶĞŶƚƐŵay include Vehicle-to-

ǀĞƌǇƚŚŝŶŐ;sϮyͿĐĂƉĂďŝůŝƟĞƐĨŽƌƌĞĂů-ƟŵĞĐŽŵŵƵŶŝĐĂƟŽŶǁŝƚŚǀĞŚŝĐůĞƐƚŽĞŶŚĂŶĐĞƚƌĂĸĐŇŽǁ͕ ƐĂĨĞƚǇ͕ĂŶĚƐƵƉƉŽƌƚĂƵƚŽŶŽŵŽƵƐƐǇƐƚĞŵƐ͘

Sourcewell is seeking market-ƌĞĂĚǇƐŽůƵƟŽŶƐĨŽƌŽƵƚĚŽŽƌĂƉƉůŝĐĂƟŽŶƐ͘WƌŽƉŽƐĞƌƐŵĂǇŽīĞƌƐŽŌǁĂƌĞ development KE>z as a supplemental service that supports and enhances the proven, market-ready ƐŽůƵƟŽŶƐ͘

Page 95 of 1283 ends

Milpitas City CouncilDecember 2, 2025

Milpitas City Council
December 2, 2025