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-145- 02 00 00 – TECHNICAL PROVISIONS
project.
10.26 The Contractor shall be fully responsible for adequate removal of all parked cars. All vehicle removal shall be coordinated by the Contractor with the Police Department. The Contractor shall notify the Police traffic sergeant upon posting of the parking restrictions for a particular street and when the signs are removed.
For removal of parked vehicles, the Contractor shall notify the Police traffic sergeant not less than 2 hours prior to the needed removal with the address nearest the parked vehicle, make, model, color, and license number. The City shall not be responsible for any delay or additional cost associated with the removal of parked cars which obstruct the construction operation.
If a vehicle owner successfully contests a towing citation in court, and their citation is dismissed for causes related to the Contractor’s failure to perform the requirements of this section, the Contractor shall reimburse the City for the cost of any claims associated with the towing citation.
The following shall also be contacted by the Contractor and made aware of the intended construction activities 5 days, and 48-hours, prior to planned construction activities.
Confirmation of notifications shall be submitted to the City Project Manager.
Milpitas Police Department (408) 586-2400
Milpitas Fire Department (408) 586-2800
Contact the following only when work acti vities may affect Valley Transportation Authority (VTA)
Superintendents Control Center: (408) 546-7616
Long Term bus route closure or detours: (408) 321-7062
Bus Stop closure or relocations: (408) 952-4106
Safety Operator: (408) 546-7970
Central Dispatch - Busing (408) 546-7667
Light Rail (#1) (408) 321-7036
Light Rail (#2) (408) 546-7608
Alameda County Transit (AC Tran sit) AC Transit (510) 891-4777
Waste Pick-up Milpitas Sanitation (garbage collection): (408) 988-4500 City of Milpitas Solid Waste Coordinator: (408) 586-3353
Post Office Milpitas Branch U.S. Post Office (408) 262-0860
The Contractor shall provide the City with writte n proof of notification of the parties listed above by listing all parties contacted, the names of those contacted, and the dates the contacts were made.
10.27 During non-working hours no driveway, house, parking lane, or parking lot shall be denied access to a public roadway.
10.28 City of Milpitas Truck Routes shall be used for all hauling. Hauling within 500' of any public school is prohibited between 7:00 AM and 9:30 AM and 2:00 PM to 4:00 PM.
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-146- 02 00 00 – TECHNICAL PROVISIONS
Contractor is responsible for identifying locations of schools and planning haul routes accordingly. Milpitas truck route map can be viewed at
https://www.milpitas.gov/DocumentCenter/View/1998/Truck-Route-Map-PDF
10.29 Contractor shall obtain a Transportation permit from the Public Works Department for any vehicle which exceeds weight or dimensions prescribed in the California Vehicle Code.
10.30 The Contractor's employees are subject to all parking regulations in effect in the City of Milpitas.
10.31 The above requirements are a minimum and do not limit the Contractor's responsibility of doing all that is practical and necessary to ensure the safety of workers, pedestrians, bicyclists, and motorists. The Contractor shall conform to the above traffic control requirements which are generally applicable to most common situations. Based on the nature of a job, additional conditions or exceptions to the above conditions may be necessary.
END OF TECHNICAL PROVISIONS
38077.00180\29080232.10
147 EXHIBIT “A”
Change Order Form
EXHIBIT “A”
CHANGE ORDER FORM
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 93035
CONTRACT CHANGE ORDER NO. __
Date: [INSERT]
To: [CONTRACTOR NAME]
[ADDRESS]
[ADDRESS]
Attn: [CONTRACTOR REP]
Project: [INSERT]
This Change Order covers changes to the contra ct as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for the amount agreed upon between the Contractor and City of Milpitas and set forth herein.
Item
No. Description of Changes
Increase/
(Decrease)
in Contract
Amount
Contract
Time
Extension,
Days
1 2
Totals $
Original Contract Amount: $XX.00
Change by Previous Change Order(s): $XX.00
Contract Price Prior to this Change Order: $XX.00
Current Change Order Amount: $XX.00
Revised Contract Amount including this Change Order: $XX.00
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148 EXHIBIT “A”
Change Order Form
The Contract Price and Contract Time shall be adjusted as set forth above. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the City.
Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees that the stipulated compensation includes payment for all Work contained in the Change Order, plus all payment for any acceleration or interruption of schedules, extend ed overhead costs, delay, and all impact or cumulative impact on all Work under this Contract. The signing of this Change Order acknowledges full mutual accord and satisfaction for the change and that the stated time and/or cost constitute the total equitable adjustment owed the Contractor as a result of the change. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the Work under the Contract.
Accepted:
(Signature) Contractor’s Authorized Representative Date Recommended:
(Signature) [**INSERT NAME, TITLE**] Date
Approved:
(Signature) [**INSERT NAME, TITLE**] Date
This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of Milpitas.
Contract Change Order #
38077.00180\29080232.10
149 EXHIBIT “A”
Change Order Form
Work
Order # General Location
Bid Item
#2
(R&R
Sidewalk
sq/ft)
Bid Item #4
(R&R
Curb & Gutter
LF)
Bid Item #6A
(Curb Ramp
sq/ft)
2402-834 1441 Yosemite Dr 50 20
2403-349 1430 Yosemite Dr 176
2403-603 1778 Conway St 9
2403-663 115 Butler St 136 34
2403-778 1171 Acadia Ave 16
2404-372 603 Penitencia st 64 5
2406-798 2001 Yosemite Dr 48 33
2408-145 1425 Saturn Ct 112 25
2408-258 248 Mazey St 240
2408-472 2226 Yosemite Dr 216
2408-554 2154 Yosemite Dr 152
2408-597 299 S Park Victoria Dr 304
2408-844 438 Roswell Dr 124
2409-168 1908 Yosemite Dr 172
2409-427 1417 Yosemite Dr 100
2409-462 1538 Clear Lake Ave 108
2409-496 327 S Temple Dr 172
2409-691 15 Dixon Landing Rd. 120
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150 EXHIBIT “A”
Change Order Form
2409-753 1755 Yellowstone Ave 168 37
2409-791 1656 Yosemite Dr 252
2409-1006 423 Mars Ct 32
2409-1058 2072 Shiloh Ave, 44
2410-062 132 Fontainbleu Ct 32
2410-150 250 Roswell Dr 40
2410-268 691 Corinthia Dr 148
2410-406 1401 Yellowstone Ave 132 27
2410-531 2290 Lynwood Ter 48
2410-653 1518 Ellis Ave 112 24
2410-868 1957 Big Bend 64
2410-871 Ayer Lane 25
2410-913 2077 Shiloh Ave 36
2410-914 1964 Big Bend Dr 80
2410-915 1458 E Calaveras Blvd 148 24
2410-1031 1497 Stemel Way 64
2411-201 2095 Seacliff Dr 40
2411-486 1883 N Milpitas Blvd 340
2412-148 BADGERWOOD LN 16
2412-501 1115 S Park Victoria Dr 76
2412-580 1159 Acadia Ave 64 16
2412-626 1330 Cirolero St 140 38
2412-662 Creighton Ct 20
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151 EXHIBIT “A”
Change Order Form
2501-178 2169 Yosemite Dr 88
2501-219 1146 Traughber St 27
2501-625 843 Nieves St 60 27
2501-644 Hommes 20
2501-909 Weller Ln at 260 Shimmer Ct 465 93
2502-104 2035 Blue Ridge Dr 48
2502-688 435 Tramway Dr 200
2502-708 2296 Farmcrest 16
2502-751 Hay Ct 18
2502-761 301 Garcia Ct 52
2502-762 992 Oregon Ct on Arizona 124
2502-764 57 N Milpitas Blvd 12
2502-782 990 Jacklin Rd 20
2502-802 431 Dixon Rd 32
2502-803 81 Dixon Rd 30
2502-806 1649 Roger St at Park Entrance 20
2502-808 369 Gosser St on Conway 32
2503-129 1603 Cortez St 16
2503-130 2118 Fieldcrest Dr 32
2503-198 1056 Crescent Terrace 240
2503-236 42 Casper St 52
2503-239 140 N Abbott Ave 152
2503-243 15 S Abbott Ave 124
2503-248 43 S Abbott 120
2503-256 906 Berryessa St 16
2503-259 475 Tramway 40
2503-261 408 Singley Dr 16
2503-262 408 Singley Dr 16
2503-263 408 Singley Dr 128
2503-278 275 Tramway Dr 96
2503-286 498 Tramway Dr 180
2503-288 N Milpitas Blvd at 349 Erie Dr 140
2503-290 N Milpitas Blvd at 762 Erie Cir 147
2503-295 N Milpitas Blvd at Hidden lakes Exit
Driveway 210
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152 EXHIBIT “A”
Change Order Form
2503-296 N Milpitas Blvd at 590 Folsom Cir 136
2503-297 N Milpitas Blvd at 161 Folsom Pl 160
2503-301 N Milpitas Blvd at 160 Folsom Pl 24
2503-307 N Milpitas Blvd at 803 Fulton Ct 153
2503-316 N Milpitas Blvd at 951 Coventry Cir 258
2503-318 1187 N Abbott Ave 18
2503-329 1026 N Abbott Ave 20 5
2503-337 2292 Lynwood Ter 248
2503-341 623 N Abbott Ave 16
2503-342 706 N Abbott Ave 120
2503-344 407 N Abbott Ave 228 45
2503-345 294 Marylinn Dr 48
2503-346 596 N Abel St 12
2503-349 273 W Calaveras Blvd 340
2503-350 279 W Calaveras Blvd 32
2503-384 10 S Abbott Ave 32
2503-385 318 N Abbott Ave 16
2503-386 101 Serra Way 15
2503-387 140 N Abbott Ave 16
2503-388 405 Marylinn Dr 84 21
2503-401 22 S Abbott Ave 16
2503-402 97 S Abbott Ave Driveway 160
2503-403 97 S Abbott Ave 80
2503-614 1755 Yellowstone Ave 168 42
2503-658 Evans Rd S of Temple 308
2503-694 238 S Park Victoria Dr 72
2504-166 203 S Temple Dr 76
2504-184 1245 Creighton Ct 20
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153 EXHIBIT “A”
Change Order Form
2504-312 1397 Mount Shasta Ave 20
2504-338 417 MATTHEWS CT 48
2504-527 574 Carlsbad St 80
2504-550 370 Gross St 208
2504-650 1795 Landess Ave 60
2504-651 1811-1857 Clear Lake Ave 52
2504-996 1893 Burley at La Crosse Dr 100
2505-1037 317 Bixby Dr 48
2506-382 2287 Cascade St 156
2506-385 2121Churchill Dr 48
2507-118 478 Corinthia Dr 40
2507-340 1851 Dalton Dr 100 25
2507-386 2395 Mattos Dr 28
2507-407 Mile 9.8 State Rte 237 E 298
2507-600 1440 Saturn Ct 48
2507-605 EB Jacklin E of Park Vic 112
2507-607 SB Evans S of Calle Oriente 420
2507-610 1508 Michael Ct 28
2507-611 SB Evans N of Kennedy 136
2507-612 SB Evans N of Poppy Ln 444
2507-746 1277 Elkwood Dr 70
2507-747 1835 McCandless Dr 45
2507-906 265 Krissmer St 24
2507-907 500 Cestaric Dr 712
2508-054 SB Evans at poppy 168 58
2508-055 SB Evans N of Calaveras 1328
2508-056 95 Piedmont SB Piedmont 184
2508-057 SB Sequioa N of Shenandoah 104
2508-059 SB Sequoia N of Everglades 84
2508-060 SB Sequoia S of Everglades 56
2508-061 SB Sequoia s of Mt Rainer 572
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154 EXHIBIT “A”
Change Order Form
2508-062 1743 Yellowstone 196 85
2508-063 1719 Yellowstone 280 70
2508-064 1601 Yellowstone 144 60
2508-065 Yellowstone at Tennis Courts 81
2508-066 1523 Yellowstone Ave 147
2508-067 Yellowstone across from 1491 33
2508-068 1491 Yellowstone 65
2508-069 1503 Yellowstone 312
2508-070 1481 Yellowstone 144
2508-071 1451 Yellowstone 132 60
2508-072 1401 Yellowstone 133
2508-073 1421 Yellowstone 276
2508-074 Across 1411 Yellowstone 37
2508-075 NB S Park Victoria across from
Dempsey 736
2508-131 256 Manferd St 128 32
2508-317 Sussex Pl 32
2508-411 87 Jacklin Ct 48
2508-511 410 Taylor Dr 80
2508-761 221 Midwick Dr 48
2508-939 Big Bend at Shenandoah Ben Rogers
Park Entrance 268 67 1
2508-942 Everglades and Crater Lake Murphy
Park Entrance
1 2508-943 Grand Teton Ben Rogers Park
Entrance
1 2508-954 Shenandoah and Sequoia 4
2508-955 Craterlake and Sequoia 4
2508-956 Everglades and Sequoia 3
2508-957 Grand Teton and Sequoia 4
2508-1019 1480-1490 Yosemite Dr 1000
2509-140 Glasgow Ct 36
2509-143 2185-2197 Petersburg Dr 32
2509-247 447 Cestaric Dr 196
38077.00180\29080232.10
155 EXHIBIT “C”
STANDARD DRAWINGS
2509-500 219 Berrendo Dr 8
2509-576 875 Hamilton Ave 132
2509-582 2297 Pinard St 44
2509-673 582 Shetland 16
2509-819 1106 Hillview Dr 16
2509-821 69 Jason Dr 32
2509-976 639 Los Pinos 20
2510-122 Lacey 16
2510-509 96 Carnegie Dr 360 90
2510-743 770 E Calaveras Blvd 288
2510-827 2143 Wellington Dr 32
2510-829 89 Carnegie 64 17
2510-830 99 Carnegie 32 8
2510-905 NB N Milpitas Blvd across from 1265 N
Milpitas Blvd (1) 252
2510-906 NB N Milpitas Blvd across from 1265 N
Milpitas Blvd (2) 32
2510-907 NB N Milpitas Blvd across from 1265 N
Milpitas Blvd (3) 940
2510-911 NB N Milpitas Blvd across from 1265 N
Milpitas Blvd (4) 230
2510-912 NB N Milpitas Blvd across from 1265 N
Milpitas Blvd (5) 310
2510-913 NB N Milpitas Blvd across from 1265 N
Milpitas Blvd (6) 80
2510-914 NB N Milpitas Blvd across from 1265 N
Milpitas Blvd (7) 320
2510-915 NB N Milpitas Blvd across from 1265 N
Milpitas Blvd (8) 240
2510-916 NB N Milpitas Blvd N of Minnis Cr (1) 240
2510-917 NB N Milpitas Blvd N of Minnis Cr (2) 24
2510-918 NB N Milpitas Blvd N of Minnis Cr (3) 220
2510-919 NB N Milpitas Blvd N of Minnis Cr (4) 238
2510-920 NB N Milpitas Blvd N of Minnis Cr (5) 240
2510-922 1505 N Milpitas Blvd (1) 35
2510-923 1506 N Milpitas Blvd (2) 3400
2510-924 1491 N Milpitas Blvd 36
2510-925 1275 N Milpitas Blvd 240
2510-926 1265 N Milpitas Blvd 16
Total 28,246 1,725 18
EXHIBIT “C”
STANDARD DRAWINGS
38077.00180\29080232.10
156 EXHIBIT “C”
STANDARD DRAWINGS
38077.00180\29080232.10
157 EXHIBIT “C”
STANDARD DRAWINGS
38077.00180\29080232.10
158 EXHIBIT “C”
STANDARD DRAWINGS
38077.00180\29080232.10
159 EXHIBIT “C”
STANDARD DRAWINGS
38077.00180\29080232.10
160 EXHIBIT “C”
STANDARD DRAWINGS
38077.00180\29080232.10
161 EXHIBIT “C”
STANDARD DRAWINGS
38077.00180\29080232.10
162 EXHIBIT “C”
STANDARD DRAWINGS
38077.00180\29080232.10
163 EXHIBIT “C”
STANDARD DRAWINGS
38077.00180\29080232.10
164 EXHIBIT “C”
STANDARD DRAWINGS
38077.00180\29080232.10
165 EXHIBIT “C”
STANDARD DRAWINGS
38077.00180\29080232.10
166 EXHIBIT “C”
STANDARD DRAWINGS
38077.00180\29080232.10
167 EXHIBIT “C”
STANDARD DRAWINGS
38077.00180\29080232.10
168 EXHIBIT “C”
STANDARD DRAWINGS
38077.00180\29080232.10
169 EXHIBIT “C”
STANDARD DRAWINGS
38077.00180\29080232.10
170 EXHIBIT “C”
STANDARD DRAWINGS
38077.00180\29080232.10
171 EXHIBIT “C”
STANDARD DRAWINGS
Item Item Description Unit Total Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Administr
ation of
Diversion
of Waste
Recyclab
LS 1 5,000.00$ 5,000.00$ 2,500.00$ 2,500.00$ 23,000.00$ 23,000.00$ 8,000.00$ 8,000.00$ 5,000.00$ 5,000.00$ 1.00$ 1.00$ 5,000.00$ 5,000.00$ 500.00$ 500.00$ 11,395.00$ 11,395.00$ 10,000.00$ 10,000.00$ 2 Remove
and
Replace
SF 28246 19.00$ 536,674.00$ 15.07$ 425,667.22$ 15.00$ 423,690.00$ 19.00$ 536,674.00$ 16.75$ 473,120.50$ 20.50$ 579,043.00$ 21.50$ 607,289.00$ 24.00$ 677,904.00$ 35.00$ 988,610.00$ 30.00$ 847,380.00$ 3 Remove
and
Replace
6"
SF 212 21.00$ 4,452.00$ 83.98$ 17,803.76$ 22.00$ 4,664.00$ 30.00$ 6,360.00$ 32.00$ 6,784.00$ 31.60$ 6,699.20$ 35.00$ 7,420.00$ 30.00$ 6,360.00$ 45.00$ 9,540.00$ 90.00$ 19,080.00$ 4 Remove
and
Replace
LF 1725 80.00$ 138,000.00$ 49.57$ 85,508.25$ 45.00$ 77,625.00$ 65.00$ 112,125.00$ 102.50$ 176,812.50$ 77.70$ 134,032.50$ 100.00$ 172,500.00$ 70.00$ 120,750.00$ 98.00$ 169,050.00$ 100.00$ 172,500.00$ 5 Remove
Park Strip
Improve
ments
SF 132 10.00$ 1,320.00$ 26.52$ 3,500.64$ 9.00$ 1,188.00$ 12.00$ 1,584.00$ 20.00$ 2,640.00$ 8.00$ 1,056.00$ 5.00$ 660.00$ 10.00$ 1,320.00$ 65.00$ 8,580.00$ 50.00$ 6,600.00$ 6A Curb
Ramp EA 18 6,900.00$ 124,200.00$ 5,000.00$ 90,000.00$ 9,000.00$ 162,000.00$ 5,500.00$ 99,000.00$ 4,900.00$ 88,200.00$ 5,862.50$ 105,525.00$ 6,500.00$ 117,000.00$ 8,000.00$ 144,000.00$ 5,995.00$ 107,910.00$ 15,000.00$ 270,000.00$ 6B Curb
Ramp EA 2 6,900.00$ 13,800.00$ 5,000.00$ 10,000.00$ 9,000.00$ 18,000.00$ 6,000.00$ 12,000.00$ 5,000.00$ 10,000.00$ 10,050.00$ 20,100.00$ 6,500.00$ 13,000.00$ 9,630.00$ 19,260.00$ 8,200.00$ 16,400.00$ 15,000.00$ 30,000.00$ 6C Curb
Ramp EA 8 6,900.00$ 55,200.00$ 5,000.00$ 40,000.00$ 9,000.00$ 72,000.00$ 5,500.00$ 44,000.00$ 5,000.00$ 40,000.00$ 6,700.00$ 53,600.00$ 6,500.00$ 52,000.00$ 10,000.00$ 80,000.00$ 6,785.00$ 54,280.00$ 12,500.00$ 100,000.00$ 7 Root
Barrier
(Standar
LF 200 9.00$ 1,800.00$ 15.63$ 3,126.00$ 200.00$ 40,000.00$ 45.00$ 9,000.00$ 20.00$ 4,000.00$ 40.00$ 8,000.00$ 15.00$ 3,000.00$ 30.00$ 6,000.00$ 50.00$ 10,000.00$ 10.00$ 2,000.00$ 8 Remove /
Replace
Asphalt
TON 42 300.00$ 12,600.00$ 539.00$ 22,638.00$ 390.00$ 16,380.00$ 350.00$ 14,700.00$ 1,700.00$ 71,400.00$ 650.00$ 27,300.00$ 300.00$ 12,600.00$ 1,070.00$ 44,940.00$ 1,160.00$ 48,720.00$ 1,500.00$ 63,000.00$ Estimate: 893,046.00$ Total: 700,743.87$ Total: 838,547.00$ Total: 843,443.00$ Total: 877,957.00$ Total: 935,356.70$ Total: 990,469.00$ Total: 1,101,034.00$ Total: 1,424,485.00$ Total: 1,520,560.00$ *NOTE: RED-COLORED NUMBER NENOTED INCORRECT BID TOTAL. THE NUMBERS ARE VERIFIED AND REVISED BY CITY ON THIS BIDS TABULATION Hauling Mora &
Sons
USA
Trucking,
Sawcuttin
g
Del Secco
Diamond
Core &
Saw, INC
Bosco Construction Services, Inc. JMS Cement Contractors Inc. Villalobos & Associates, Inc. CLS / Cervantes Landscape & Concrete
Spencon Construction, Inc. FBD Vanguard Construction, Inc. Dryco Kerex Engineering List of Sub-Contractors
Bosco Construction Services, Inc. JMS Cement Contractors Inc. Villalobos & Associates, Inc. CLS / Cervantes Landscape & Concrete J.J.R Construction, Inc.
J.J.R Construction, Inc. Spencon Construction,
Inc.
FBD Vanguard Construction,
Inc. Dryco Kerex Engineering
ATTACHMENT 5
Construction Change Order Policy for the Annual Sidewalk, Curb, and Gutter Project 2025, CIP No. 3426
2007 City Council Approved Construction Change Order Policy
Construction Award Individual Administrative Cumulative Award Amount Change Order Authority Change Order Authority Under $50,000 $5,000 $7,500
Over $50,000 10% of Award or $25,000 15% of Award or $100,000 whichever is smaller whichever is smaller
Annual Sidewalk, Curb, and Gutter Project 2025, CIP No. 3426
Contract Award Individual Administrative Cumulative
Amount_______ Change Order Authority Change Order Authority
$700,789.87 N/A $140,151.00 (20%)
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Accept Additional Grant Funding from Silicon Valley Clean Energy Member Agency Grant Program (Staff Contact: Christian Di Renzo, 408-586-2602, Public Works Director)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 2/17/2026
Recommendation: (1) Accept additional grant funding from Silicon Valley Clean Energy (SVCE) Member Agency Grants program in the amount of $38,461, increasing the previously accepted non-competitive grant from $372,233 to a total grant of $410,694; and (2) Authorize the Acting City Manager, or designee, to execute the Member Agency non- competitive grant agreement with SVCE.
BACKGROUND:
In fall of 2024, Silicon Valley Clean Energy (SVCE) announced its new round of member agency grants. SVCE offered non-competitive funding to support electrification, energy resilience, or community engagement projects in an eligible agency’s jurisdiction. SVCE Noncompetitive Member Agency Grants provide $3 Million for SVCE’s thirteen member agencies, including Milpitas. Each member agency is awarded funding to invest in a project that supports building or transportation electrification, energy resilience, or community engagement on these topics. Projects may be located at public sites or municipal operation facilities. Each member agency receives a baseline of $100,000 in grant funding, with the remaining grant funding divided based on each agencies’ percentage of SVCE electric load.
On June 17, 2025, the City Council approved and accepted the non-competitive grant from SVCE for the original amount of $372,233. In September 2025, the SVCE Board of Directors increased each member agency’s grant allocation; as a result Milpitas’ grant allocation was increased by $38,461, for a new total of $410,694.
ANALYSIS:
At the June 17, 2025 City Council meeting, staff proposed to use the noncompetitive grant funds to support City fleet electrification. The original Proposal submitted to SVCE was for the following:
Non-Competitive Grant $ 372,233 Grant funds will be used to fund electrification for a portion of the City’s Public Works maintenance fleet replacement over the fiscal year (FY 2025-26) and possibly the year thereafter (FY 2026-27) based on the City ability to source and procure the vehicles. The City plans to purchase up to five all-electric Ford F150 Lightnings, estimated at $80,000 each. The
Lightnings will be used by Public Works field operations and utility maintenance divisions. Our Public Works Division Manager over Operations (including Fleet Maintenance) will work with City Purchasing Officer and Ford dealers to acquire the electric vehicles.
As noted above, staff proposed purchasing up to five (5) all-electric Ford F-150 Lightnings; one vehicle is already purchased and in service. Staff is recommending the additional $38,461 be used for the same purpose as the original allocation of $372,233, to fund replacing existing work trucks with new, all-electric vehicles.
Ford announced on December 15, 2025 that production of the current all-electric F-150 Lightning was ending.
As such, staff is researching and evaluating alternative electric vehicles that will meet Public Works operational
needs within the grant budget. Depending on final commissioning costs, staff contemplates replacing five or six work vehicles with the total grant funds. The deadline to spend funds from the grant is December 31, 2028.
POLICY ALTERNATIVE(S):
Alternative 1: Do not accept the additional grant funds.
Pros: None.
Cons: City will lose the opportunity to use external funds to support vehicle replacements.
Reason for Not Recommending: It is in the City’s interest to leverage external funding to offset City costs, when feasible.
FISCAL IMPACT:
The recommended action appropriates $38,461 in non-competitive grant funds received from SVCE to offset planned equipment replacements funded through the Equipment Replacement Fund. This amount increases the total grant funding to $410,694, which is $38,461 more than initially approved by the City Council. There is no local match requirement, and the grant operates on a reimbursement basis with a spend deadline of December 31, 2028.
CALIFORNIA ENVIROMENTAL QUALITY ACT (CEQA):
The action is a fiscal activity of the City government that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378. The purchase of these vehicles has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378. Even if a project, the action is exempt from further CEQA review pursuant to Cal. Code Regs., tit. 14, § 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
ATTACHMENT(S):
(a) SVCE Grant Member Agency Grant Agreement for Noncompetitive Grant
333 W El Camino Real, Suite 330 | Sunnyvale, CA 94087 | 1-844-474-SVCE (7823) | SVCleanEnergy.org
2024 SVCE Noncompetitive Member Agency Grant Form
Grant Program Overview
The Silicon Valley Clean Energy (SVCE) Noncompetitive Member Agency Grant program provides $3.5 Million for SVCE’s thirteen member agencies. Each member agency will be awarded funding to invest in a project that supports building or transportation electrification, energy resilience, or community engagement on these topics. The purpose of this grant is to support each member agency’s clean energy and climate goals by providing a wide range of project options that align with SVCE’s mission.
Member agencies may split their funding between two projects and may choose to pass all or part of their funds to a public or community entity that is an SVCE customer for activities within its jurisdiction. Two member agencies can combine their funds for a single project if a site serves both jurisdictions. A separate Grant Form must be submitted for each project. SVCE requires a completed 2024 SVCE Member Agency Noncompetitive Grant Application Form (“Grant Form”) and an executed Grant Agreement for each project.
The dates are as follows:
• Submit a complete Grant Form by Friday, December 5, 2025. Please complete the Grant Form and have it approved as required by the member agency and signed by the member agency’s chief executive. Please title the email subject “[INSERT AGENCY] Noncompetitive Grant Application” and send to Jessica Cornejo [[email protected]]. Staff will review and ensure it meets the requirements prior to initiating the Grant Agreement.
• Execute the Grant Agreement at the earliest convenience after Grant Form approval. SVCE’s standard Grant Agreement is attached at the end of the Grant Form. Upon approval of the Grant Form, the member jurisdiction will need to accept and complete SVCE’s Grant Agreement prior to expending any grant funds. Please complete it and have it approved as required by the member agency and signed by the member agency’s chief executive and send to Jessica Cornejo [[email protected]]. The Grant Agreement will then be routed to SVCE’s Chief Executive Officer for final approval and signature.
If Member Agencies do not meet the Grant Form deadline of December 5, 2025, their grant fund allocation will be revoked.
Funding Distribution by Jurisdiction
Grant funds will be disbursed as reimbursement post-project. Funds for capital projects must be spent by December 31, 2028. Funds for community engagement projects must be spent by December 31, 2027.
Grant Goals and Project Eligibility
SVCE's Noncompetitive Member Agency Grants will support the development of building and/or transportation electrification and/or energy resilience projects that enhance a municipal or community site. Projects can also include community engagement and education campaigns that address electrification and climate change, but this is not required. Project examples include, but are not limited to:
Project Type and Examples
• Fleet Electrification (e.g., convert to electric fleet vehicles, install level 2 chargers or direct current fast chargers, install bidirectional EV charger and purchase compatible bidirectional fleet electric vehicle [EV]1)
• Facility Electrification (e.g., remove gas infrastructure and replace space/water/pool heating with heat pumps, kitchen electrification)
1 SVCE is collaborating with PG&E on an upcoming Vehicle to Everything (V2X) pilot program. This program will recruit project partners in SVCE territory with bidirectional charging capabilities (both a charger and a compatible EV) to participate in a V2X pilot to test out hourly rates, grid reliability, and resilience during power outages. Member agencies that install bidirectional EV charging station(s) and purchase a compatible bidirectional EV for their jurisdiction’s fleet may be eligible to receive additional EV infrastructure incentives from PG&E’s V2X pilot program and to receive financial incentives of up to $2/kWh through the Emergency Load Reduction Program for reducing electrical loads during grid emergencies. Please contact SVCE if your jurisdiction is considering applying grant funds to support bidirectional charging or bidirectional fleet EVs.
• Facility & Fleet Resilience (e.g., solar + battery storage, battery added to existing solar, off-grid EV chargers)
• Decarb Demonstration (any of the above examples combined with an educational component. Remove gas infrastructure and replace space/water/pool heating with heat pumps, kitchen electrification paired with an optional community engagement and education plan)
• Innovative Community Engagement (e.g., Community Needs Assessment, resilience hub tours, electric home tours, induction cooktop campaigns, rebates or incentives for electric appliances)
Solar and Battery Project Requirement
Member agencies understand that to receive grant funds for solar and battery storage projects, SVCE shall have the first right of refusal to receive attributes from the project, such as resource adequacy (RA) or other capacity attributes, and renewable energy credits (RECs). During the procurement process, the member agency must request that the vendor provide the following information: Option 1) bid for the project including attributes (vendor gives up right to attributes) and Option 2) bid for the project without attributes (vendor owns right to attributes). SVCE will review vendor responses before the member agency begins contracting with the vendor. If the project is contracted for under Option 1, and if SVCE does not communicate a need to use the project’s RA or capacity attributes, the vendor may keep the attributes. Member agency understands that to receive grant funds for solar and battery storage projects, their site may be required to participate in an SVCE Demand Response (DR) program. If the member agency is interested in participating in an external DR program, they must notify SVCE to receive approval.
If the member agency has questions on this requirement, please reach out to SVCE.
Grant Form Terms and Conditions
All parties acknowledge that SVCE is a public agency subject to the requirements of the California Public Records Act, Cal. Gov. Code section 7920.000 et seq. Applications submitted are public records subject to public review.
The submission of a Grant Form shall be deemed a representation and certification by the member agency that it:
• Has read, understands and agrees to the information and requirements set forth in this Grant Form.
• Has the capability to complete the responsibilities and obligations of the Grant Form being submitted.
• Represents that all information contained in the Grant Form is true and correct. • Acknowledges that SVCE has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by member agency. • Will provide any and all documentation related to the Grant Form in a timely manner. • Has disclosed any conflicts of interest.
• This Grant Form does not commit SVCE to enter into a contract or disburse any grant funds, nor does it obligate SVCE to pay for any costs incurred in the preparation and submission of forms or in anticipation of a contract.
The person signing below hereby represents and warrants that they are signing with full and complete authority to bind the party on whose behalf of whom they are signing.
Signed: Printed Name:
Matt Cano
Date:
Organization:
Title:
Email Address:
City of Milpitas Assistant City Manager [email protected]
Grant Form Questions:
Date of Grant Form: 12/2/2025 Name of Agency: City of Milpitas Name and Email of Project Team:
Elaine Marshall, Samu Tiumalu
Project Name:
Milpitas Fleet Electrification
Email:
[email protected];
[email protected]
Project Address:
1265 N Milpitas Blvd, Milpitas, CA 95035
Project Summary- Please briefly describe the project, site, technology (if applicable), and intended audience.
The City is proposing to use the non-competitive grant funds to support electrification of the City’s public fleet.
The City’s fleet is primarily housed and maintained at the City’s Public Works Corporation Yard located at 1265 N Milpitas Blvd, Milpitas, CA 95035. Certain dedicated fleet vehicles are located with departments at other sites such as at City Hall (Building Inspection, Fire Prevention. Code Enforcement, etc).
While the City has initiated efforts and has established an electric and plug-in electric motor pool for non- dedicated fleet vehicles through a lease option, electrification of remainder of the dedicated fleet is a challenge technologically, functionally, and financially.
Dedicated fleet vehicles consist mostly of larger trucks and mid-duty vehicles that are commonly used for specialty functions such as utility maintenance, street, park, and tree maintenance and also need to be available for emergency response. As such, the City would like to test use of electric vehicles in these functions to understand operating implications and identify best management practices to ensure optimum vehicle availability and readiness. Additionally, the City needs to understand and identify the best electric replacement vehicle based on use case.
The City has an underfunded fleet/equipment replacement fund and has been experiencing supply chain challenges replacing existing fleet vehicles. On top of that, the State’s new Advanced Clean Fleet requirements create a larger funding gap for replacements of internal combustion engine vehicles with electric.
Grant funds will be used to fund electrification for a portion of the City’s Public Works maintenance fleet replacement over the fiscal year (FY 25-26) and possibly the year thereafter (FY 26-27) based on the City’s ability to source and procure the vehicles. The City plans to purchase up to six all-electric Ford F150 Lightings or available alternatives to be used by Public Works field operations and utility maintenance visions. Our Public Works Division Manager over Operations (including Fleet Maintenance) will work with City Purchasing Officer and Ford dealers to acquire the electric vehicles.
Project Details – Please explain why your agency has selected this project. What are you hoping to learn from the project? What information will you be using to assess the impact of the project? Who will benefit from the project?
This project is a priority area for the City because of the many challenges associated with medium-duty fleet electrification including acceptance, reliability concerns, and costs. Through this project, the City hopes to learn more about market availability of all-electric medium duty vehicles, functional use of all-electric vehicle in our public works and other dedicated fleet operations, increase the City staff understanding of best ways to manage electric fleets to optimize uptime and vehicle readiness.
Additionally, this project will also support increasing user acceptance as there is concern among maintenance staff regarding usability of electric vehicles in a maintenance operation. Ultimately this project will benefit our fleet management team and the City staff that will be using these vehicles on a daily basis. These vehicles will be out in the community daily and community members will also benefit from seeing electric vehicles in action and increase community awareness and acceptance.
Decarbonization and/or Resilience Benefits - Please describe how this project supports your agency's greenhouse gas reduction goals or climate action goals. How will the project deliver immediate decarbonization and/or resilience benefits? How will it deliver/influence long-term decarbonization and/or resilience goals? Quantify the impacts, if possible, and discuss the more qualitative impacts.
Community Engagement (OPTIONAL) – Please outline your agency’s plan to engage the community for this project. If you are opting to include a community engagement plan, please include the needed items and activities in the proposed budget.
The Milpitas City Council adopted an update to the City’s Climate Action Plan in August 2022. With this update, the City set goal to be carbon neutral by 2045. In 2019, emissions from On-Road Transportation contributed to 59% of the City’s communitywide GHG emissions, followed by Building Energy Use (32%). While the City’s fleet represents a very small portion of the communitywide emissions, electrifying the City’s fleet is an important action to demonstrate the City’s environmental leadership and serves to increase awareness of electric vehicle among City staff and within the community. The grant funds will be used to fund multiple vehicle replacements with all-electric alternatives over the next two fiscal years and support the City’s compliance with California’s Advanced Clean Fleet requirements. Actual quantification of emissions reductions will be carried out during the course of the project once vehicle replacements and alternatives are identified.
NA
Project Budget – Please provide a detailed budget table of the project’s activities and how SVCE’s funding will be used. Please list any external grants, matching funds, and in-kind resources that will be used with the project. There is no matching contribution required.
Project Timeline – Please provide a detailed timeline of the project’s activities and key milestones.
Eligible and Ineligible Project Costs:
Eligible project costs include:
• Purchase of technologies that are either listed above or are alternatives to gas- powered appliances and align with SVCE’s mission.
• Consultant costs for planning, designing, and construction of the project. • Costs associated with community feedback sessions, outreach and education events, and marketing materials (e.g., banners, flyers, and permanent signage). • Fellow or intern. The fellow/intern’s assigned project must produce a deliverable directly related to decarbonization or complementary to the proposed project. • Only costs directly related to activities or improvements made within the jurisdiction are eligible.
Ineligible project costs include:
• Solar projects not paired with a battery.
• Energy and water efficiency, lighting, and landscape upgrade. • Permit fees.
• Permanent staff time.
• Engagement activities that only address online engagement (e.g., webinars, online surveys).
• Physical maintenance costs not related to the project’s primary purpose of electrification or resilience (e.g., asphalt and repainting).
Stacking SVCE & External Grants:
SVCE will allow stacking with the 2024 Competitive Member Agency Grant. The Competitive Member Agency Grant offers competitive funding to each of the thirteen member agencies to support the development of capital or engagement projects that support the electrification of member agency public buildings and/or electric vehicle infrastructure (EVI). If an Applicant is inclined to stack these two grant programs on a single project, that project must be at a site that is open to the public and available for demonstration purposes. A separate grant application for the project must be submitted for both grant programs. Depending on the applicant pool, additional funds from the Competitive Member Agency Grant are not guaranteed. SVCE will allow stacking and matching with regional, utility, state, and federal grants.
SVCE will not allow stacking with previous SVCE grants, such as the 2020 Community Resilience Grant and the 2022 Decarbonization Demonstration & Engagement Grant. While previous sites can be considered for this grant, all proposed work in this application should be a new project.
Please send questions to Project Manager, Jessica Cornejo [[email protected]]
SILICON VALLEY CLEAN ENERGY MEMBER AGENCY GRANT PROGRAM
AGREEMENT
THIS AGREEMENT is made and effective on the date of last signature below (“Effective Date”) by and between the Silicon Valley Clean Energy Authority (“SVCE”), an independent public agency and City of Milpitas (“Recipient”) In consideration of the covenants, conditions and undertakings set forth herein, the parties agree as follows:”
1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:
A. SVCE’s Noncompetitive Member Agency Grant program (“Program”) will provide $3.5M in grants to member jurisdictions to plan and develop decarbonization demonstration, energy resilience, and engagement projects.
B. Recipient submitted an application for Program funding, attached hereto and incorporated herein as Exhibit A, for a decarbonization demonstration, energy resilience, and engagement projects (“Project”). The scope and estimated budget for the Project are included in Exhibit A.
C. SVCE finds that the use of Grant Funds described herein furthers a public purpose and meets the goals and objectives established for the Program, and desires to award Recipient a one-time grant pursuant to the terms of this Agreement.
2. GRANT. SVCE hereby agrees to provide funding to Recipient in an amount not to exceed $410,694, subject to the provisions of this Agreement (“Grant Funds”). Such Grant Funds shall be disbursed to Recipient on a reimbursement basis. It is agreed and understood that the Grant Amount is a ceiling and that SVCE will only reimburse the allowable cost of services actually rendered as authorized by SVCE at or below the Grant Amount established herein.
3. REIMBURSEMENT OF GRANT FUNDS. Grant Funds shall be reimbursed pursuant to the following process:
A. SVCE shall reimburse Recipient for its actual and reasonable costs of constructing the Project up to the agreed upon Grant Funds.
B. Requests for payment submitted to SVCE shall include: 1) a cover letter in the agency’s letterhead summarizing the project and requested dollar amount for reimbursement 2) an itemized list of all expenditures; and 3) supporting documentation that clearly identifies the expenditure(s) in relation to the scope of the Project set forth in Exhibit A of this Agreement.
Payment requests should be aggregated and submitted after Project completion.
C. SVCE shall process requests for payment and remit payment within 30 days.
D. If, in SVCE’s sole discretion, the request for payment is incomplete, inadequate, or inaccurate, SVCE may dispute the invoice for reasonable cause and hold all or a portion of the payment request until all required information is received or corrected. Any penalties imposed
on the Recipient by a contractor, or other consequence, because of delays in payment or other breach of the agreement between the Recipient and the contractor are the responsibility of the Recipient and are not reimbursable under this Agreement.
E. Unless otherwise authorized by SVCE in writing, Recipient shall submit all documentation of Project completion, including a final request for payment, within sixty (60) days of Project completion.
F. Final payment of remaining Grant Funds, including any amounts withheld from previous payments, shall be paid up to the total amount of the actual Project cost, not to exceed the Grant Funds amount set forth in this Agreement, upon completion of the Project, receipt of the final report and final request for payment from the Recipient in a form and content satisfactory to SVCE.
4. USE OF GRANT FUNDS. Recipient shall use the Grant Funds to support the Program as set forth in Exhibit A. Any use(s) of Grant Funds not contemplated in this Agreement must be approved in writing by SVCE. This Agreement was awarded to Recipient based on the application submitted by Recipient with the intention that the awarded funds would be used to implement the Project as described in Exhibit A. Any substantive deviation during Project implementation may require reevaluation or result in loss of funding. In no event shall Recipient’s Grant Funds or scope of work be increased. If Recipient knows or should have known that substantive changes to the Project will occur or have occurred, Recipient will immediately notify SVCE in writing. SVCE will then determine whether the Project is still consistent with the overall objectives of the Program and whether the changes would have negatively affected the Project ranking during the Grant evaluation process. SVCE reserves the right to have Grant Funds withheld from Recipient, or refunded to SVCE, due to Recipient’s failure to satisfactorily complete the Project or due to substantive changes to the Project.
5. TERM. This Agreement shall commence on the Effective Date, and shall remain and continue in effect until the final Grant Funds are paid to Recipient, unless sooner terminated pursuant to the provisions of this Agreement. Project completion dates shall not be extended unless SVCE determines, in its sole discretion, that extenuating circumstances justify an extension. Projects must be complete no later than December 31, 2028.
6. REPORTING AND RECORDS. Recipient agrees to cooperate with SVCE and provide requested information, if any, related to the use of Grant Funds and the Project, including for the purposes of SVCE’s evaluation, measurement, and verification activities for the Program.
Recipient will cooperate in good faith with SVCE or its authorized representative in performing evaluation, measurement and verification (EM&V) of the Program. Information accessed for EM&V may include, but is not limited to, onsite verification of Project operation, Program compliance, and Project records, analysis of facility billing metered data, analysis of data collected from facility-owned submetering, and collection of supplementary metered data on- site. All information collected will be held confidentially and will be used by SVCE or its authorized representative for Program analysis purposes only. Recipient is responsible for ensuring, through a separate agreement between Recipient and property owner, that property owner shall cooperate with SVCE to provide any documentation and assist in analysis and provide access to the Project site at reasonable times, during the construction of the Project and for a period of up to two (2) years from the completion of the Project. During the course of the
Project and for three (3) years thereafter from the receipt of the final Grant Funds, the Recipient agrees to maintain, intact and readily accessible, all communications, data, documents, reports, records, contracts, and supporting materials relating to the Project, as SVCE may require. The Recipient agrees to have financial and compliance audits performed as SVCE may require.
7. LEGAL RESPONSIBILITIES. Recipient shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance under this Agreement. Recipient shall at all times observe and comply with all such ordinances, laws and regulations. SVCE, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Recipient to comply with this Section.
8. PREVAILING WAGES. By accepting the Grant Funds, Recipient as a material term of this Agreement shall be fully responsible for complying with all California public works requirements including but not limited to payment of prevailing wage. Therefore, as a material term of this Agreement, to the extent required by California law, Recipient shall ensure that prevailing wages are paid, that the project budget for labor reflects these prevailing wage requirements, and that the project complies with all other requirements of prevailing wage law, including that Recipient’s subcontractors also comply with all applicable public works/prevailing wage requirements.
9. PROCUREMENT. At minimum, Recipient shall abide by Recipient’s purchasing regulations and policies and all California laws and regulations in procuring goods or services where the costs are eligible for reimbursement under this Agreement.
10. CALIFORNIA PUBLIC RECORDS ACT. Recipient acknowledges that SVCE is subject to the California Public Records Act (Gov. Code § 7920.000 et seq.). SVCE acknowledges that Recipient may submit information to SVCE that Recipient considers to be confidential, proprietary, or trade secret information. Only such information clearly designated in writing as “confidential” shall be deemed “Confidential Information.” Upon request or demand of any third person or entity (“Requestor”) for the production, inspection, and/or copying of Confidential Information, SVCE shall notify Recipient that such request has been made. Recipient shall be solely responsible for taking whatever legal steps are necessary to protect
Confidential Information and to prevent its release to the Requestor. Without limiting SVCE’s right to disclose Confidential Information as may be required by law, if Recipient takes no such action after receiving the foregoing notice from SVCE, SVCE shall be permitted to release information it deems subject to disclosure.
11. NOTICES. Any notices provided under this Agreement must be in writing and may be given either by mail or e-mail to the following addresses:
SVCE:
Silicon Valley Clean Energy Authority 333 W. El Camino Real #330 Sunnyvale, CA 94087
Attention: [email protected]
RECIPIENT:
[ENTITY] [ADDRESS]
Attention:
12. INDEPENDENT CONTRACTOR.
A. Recipient shall at all times remain as to the SVCE a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Recipient shall at all times be under Recipient's exclusive direction and control. Neither SVCE nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of Recipient's officers, employees, or agents except as set forth in this Agreement. Recipient shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the SVCE.
Recipient shall not incur or have the power to incur any debt, obligation or liability whatever against SVCE, or bind SVCE in any manner.
B. No employee benefits shall be available to Recipient in connection with the performance of this Agreement. Except for the fees paid to Recipient as provided in the Agreement, SVCE shall not pay salaries, wages, or other compensation to Recipient for performing services hereunder for SVCE. SVCE shall not be liable for compensation or indemnification to Recipient for injury or sickness arising out of performing services hereunder.
13. INDEMNIFICATION; WAIVER. Recipient shall indemnify, protect, defend and hold harmless SVCE, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which SVCE, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Recipient’s acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement.
Recipient expressly waives the provisions of California Civil Code section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This Section shall survive the terminate of this Agreement.
14. INSURANCE.
A. On or before the commencement of the term of this Agreement, Recipient shall furnish SVCE with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of insurance coverage in compliance with the requirements in this Section. Recipient shall maintain such coverage in full force at all times for the duration of this Agreement, at its sole cost and expense. Nothing herein shall be construed as a limitation on Recipient indemnification obligations under this Agreement.
B. Recipient shall maintain the following minimum insurance coverages:
• Workers’ compensation, as required by the State of California; • Commercial general liability coverage with minimum limits of $3,000,000 per occurrence and $5,000,000 aggregate for bodily injury and property damage. ISO occurrence Form CG 0001 or equivalent is required;
• Comprehensive automotive liability coverage with minimum limits of $1,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is required.
C. Such coverages shall be issued by an insurer(s) licensed to conduct business in the State of California, with a minimum A.M. Best’s Insurance Rating of A:VII unless otherwise approved in writing as satisfactory to SVCE. The Recipient may satisfy its obligations under this Section through self-insurance.
D. The insurance limits required by SVCE are not represented as being sufficient to protect Recipient. Recipient is advised to confer with its insurance broker to determine adequate coverage for Recipient.
15. DEFAULT AND TERMINATION. Should an Event of Default occur, SVCE shall provide a notice of default to Recipient and shall give Recipient at least fifteen (15) calendar days from the date the notice is sent to cure the Event of Default. If Recipient fails to cure the Event of Default within the time prescribed, SVCE may, at SVCE’s sole discretion, withhold Grant Funds not yet disbursed hereunder, require the return or repayment of Grant Funds already disbursed, and/or terminate this Agreement by written notice which shall be effective upon receipt by Recipient. “Event of Default” shall mean the occurrence of any one or more of the following events by Recipient: (a) any false statement, representation, or warranty contained in this Agreement, the Application, or any other document submitted to SVCE; (b) failure to comply with applicable laws; (c) a failure to maintain in effect any policy of insurance required under this Agreement; or (d) a material breach of this Agreement.
16. NON-APPROPRIATION. Recipient acknowledges that SVCE is a public agency. In the event that sufficient funds for the performance of this Agreement are not appropriated by the SVCE Board of Directors in any fiscal year covered by this Agreement, this Agreement may be terminated by SVCE, without penalty, by giving notice to Recipient of such facts and of SVCE’s intention to terminate.
17. NON-WAIVER. Failure to exercise any right the SVCE may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default.
18. AMENDMENT OF AGREEMENT. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the Recipient and the SVCE.
19. ASSIGNMENT PROHIBITED. In no event shall the Recipient assign or transfer any portion of this Agreement.
20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Santa Clara, State of California.
21. NO THIRD-PARTY BENEFIT. The provisions of this Agreement are for the sole benefit of the parties hereto and confer no rights, benefits, or claims upon any person or entity not a party hereto.
22. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
23. RECIPIENT'S AUTHORITY. Recipient represents and warrants that (a) it has the power and authority to enter into this Agreement and to perform its obligations hereunder; (b) the person who executes this Agreement on its behalf has the necessary authority to bind Recipient; and (c) neither the execution and delivery of this Agreement nor the performance of its obligations hereunder will constitute a violation of, a default under, or conflict with any term of any governance documents or other agreements to which it is bound.
24. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. Faxed and PDF counterpart signatures are sufficient to make this Agreement effective.
25. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
26. COMMUNICATIONS AND ENGAGEMENT. Recipient agrees that SVCE may use and publicize information and visual materials (photos, videos, etc.) related to this project, including (but not limited to) information and visual materials provided in this application, updates, or follow-up information. Recipient will coordinate in good faith with SVCE on follow- up activities, such as interviews, outreach coordination, photo or video shoots, requests for additional information, and the design of educational materials and signage related to the project.
Recipient will work with SVCE to schedule all coordination and activities within a determined and mutually agreed-upon time frame and understand that refusal or failure to collaborate on marketing and outreach may result in termination of the funding.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
SILICON VALLEY CLEAN ENERGY AUTHORITY
NAME:
TITLE:
APPROVED AS TO FORM:
NAME:
TITLE:
[RECIPIENT]
By:
Name:
Title:
By:
Name:
Title:
[*Note: Signatures of two corporate officers are required for corporations – First signature must be one of the following: 1) the chairman of the board; 2) the president; or 3) any vice president. The second corporate signature must be one of the following: 1) the secretary; 2) any assistant secretary; 3) the chief financial officer; or 4) any assistant treasurer. Signature of Chief Executive is required for public agencies.]
EXHIBIT A
[Attach Grant
Form]
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve the Addition of Samuel Ayer to the City Naming List for Streets, Parks and Facilities (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure
Meeting Date: 2/17/2026
Recommendation: Approve the addition of Samuel Ayer to the Milpitas Historical Names Naming List.
BACKGROUND:
The Milpitas City Council Ad Hoc Naming Subcommittee was formed to review and recommend the naming of City streets, parks and facilities for final City Council approval.
On January 22, 2026, the Subcommittee reviewed and recommended one (1) new name for the Naming List for Streets, Parks and Facilities.
ANALYSIS:
Per the City of Milpitas Naming Policy, the procedure for maintaining and making additions to the City approved Naming List is outlined in Procedures, Section 3:
3.1.1. The Recreation and Community Services Department shall maintain a List of Names for Naming Streets, Parks, and Facilities.
3.1.2. As needed, the Director of Recreation and Community Services shall bring additions to the List of Names for Naming Streets, Parks, and Facilities to Council for approval at any regular or special meeting.
There are four (4) Naming Lists established for the use of naming Milpitas streets, parks and facilities:
• California Native Plants, Flowers, Trees, Landmarks - Streets • Influential People – Streets and Parks
• President List – Streets and Parks
• Milpitas Historical Names – Streets, Parks, Facilities
On January 22, 2026, the Subcommittee reviewed the proposed name, Samuel Ayer, which was submitted to the City by Jacob Abeyita of the Samuel Ayer Alumni Association, for consideration to the Milpitas Historical Names list. Per the City Streets, Parks and Facilities Naming Policy, the name qualifies under Policy sections:
2.7.3. Historical or cultural significance: the name of a historical figure can be considered, if the figure had a significant and extraordinary historical influence on the area, state, national, or international level;
2.7.4. The name of any person or family that has made a significant impact in the community and/or in development of the street, park, or facility;
The following description of Samuel Freeman Ayer was submitted as part of the public naming request letter:
Samuel Freeman Ayer was born in 1840 in Sackville, New Brunswick, Canada. He learned carriage making as a trade there, before he came to California in 1860 by way of Panama. He worked in Santa Clara for a few months, and then received a good job offer from Abraham Weller, who manufactured carriages in Milpitas, where he worked until he set up in business for himself in 1861.
In 1868, Samuel Ayer gave up his business and turned to ranching, on a tract of 150 acres that he bought east of Milpitas, of which 100 acres were planted in wheat by 1874. In 1875, he was elected District Supervisor of a new district formed that year consisting of the townships of Milpitas, Alviso, and Fremont. As a supervisor, he originated and supported much helpful and progressive legislation passed by the district, including educational projects. Mr. Ayer was one of the trustees of the Milpitas Grammar School (the building which is now part of the Milpitas Library). Samuel Ayer remained in office until his death in 1899. Before Milpitas was incorporated as a city in 1954, and for a few years afterwards, Milpitas high school students had to go south to James Lick High School in San Jose. But as Milpitas grew in population and financial strength, city officials decided that it needed a high school of its own.
When the new structure was built at 1395 E. Calaveras Blvd. it was decided to give it the name of the distinguished pioneer and champion of education, Samuel Ayer. The high school opened in 1956, with the first class graduating in 1957 (portions copied from the Milpitas Historical Society website).
The Subcommittee voted unanimously in favor of adding Samuel Ayer to the Milpitas Historical Names Naming List.
There were no members of the public present at the meeting.
POLICY ALTERNATIVE(S):
Alternative 1: Not Approve the addition of Samuel Ayer to the Milpitas Historical Names Naming List Pros: None
Cons: Proposed name qualifies under the City Streets, Parks and Facilities Naming Policy.
Reason for Not Recommending: Proposed name qualifies under the City Streets, Parks and Facilities Naming Policy.
FISCAL IMPACT:
There is no fiscal impact associated with adding the name Samuel Ayer to the Milpitas Historical Names Naming List.
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. The action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub.
Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378. Even if a project, the action is exempt from further CEQA review pursuant to Cal. Code Regs., tit. 14, § 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
ATTACHMENT(S):
(a) City Streets, Parks, and Facilities Naming Policy
(b) Milpitas Historical Names Naming List
CITY OF MILPITAS
Revision Date
Original 04/21/2006
6/21/2022
CITY COUNCIL POLICY
1. PURPOSE
1.1. This Policy establishes the guidelines, criteria, and processes for naming City streets, parks, and other facilities.
1.2. This Policy is consistent with Milpitas Municipal Code, Title XI-1000 and Government Code Section 34093.
2. POLICY
2.1. The City shall have the sole authority and the City Council shall have the final authority to approve names of City Streets, Parks, and other Facilities.
2.2. The City Council Ad Hoc Naming Subcommittee shall evaluate names of City streets, parks and facilities, and shall make recommendations to the City Council.
2.3. Although the City will have full control and final decision-making authority on any names selected, public input will be received, and other names may be raised and requested to be considered by the City Council.
2.4. From time to time, the City Council shall approve names to be added to a list(s) of names suitable for streets, parks, and facilities.
2.5. No duplication of names within an asset type (i.e., park, facility, plaza) will be approved.
2.6. A deliberative process by City staff will be conducted to ensure that renaming of a street, park, and facility will not diminish the original justification for the name of the prior contributors. Parks and facilities named after individuals shall not be changed unless it is found that because of the individual’s character the continued use of their name would not be in the best interest of the community. Parks that have been named by deed restriction shall not be considered for renaming.
2.7. The following criteria and factors shall be considered with naming or renaming a street, park, or facility:
2.7.1. Neighborhood or geographical identification, such as street, school, or other descriptive names;
2.7.2. Natural or geological features of the area;
2.7.3. Historical or cultural significance: the name of a historical figure can be considered, if the figure had a significant and extraordinary historical influence on the area, state, national, or international level;
Policy No:
Click or tap here to enter
text.
CITY STREETS, PARKS AND
FACILITIES NAMING POLICY
Effective Date:
6/21/2022
Revision No:
1 Policy Administrator:
Recreation and Community Services
Next Review Due:
As needed
Related Policies and
Procedures:
Incorporates and
replaces SOP 1.3
Approved by:
Click or tap here to enter text.
Council meeting date, agenda item #, and
vote
Date Approved:
6/21/2022
CITY OF MILPITAS
Revision Date
Original 04/21/2006
CITY STREETS, PARKS, AND FACILITIES NAMING POLICY / POLICY #
2.7.4. The name of any person or family that has made a significant impact in the community and/or in development of the street, park, or facility;
2.7.5. An individual or organization that contributed significantly to the acquisition or development of the park or facility to be named. This can include either a deed or substantial monetary contribution, or contribution toward the acquisition, and/or development of the park of facility. (Naming rights are not guaranteed if the donation is a dedication as required by the subdivision.)
2.7.6. The articulated preference of residents of the neighborhood surrounding the street, park, facility;
2.7.7. A name should represent community values and consider future generations and ethnic diversity;
2.7.8. If the name of an individual or family is to be considered, the use of such name shall have the approval of the individual (or his/her surviving family) or family when reasonably possible;
2.7.9. No seated elected official shall have their name added to a naming list or have a street, park or facility named after them while serving on the City Council.
2.7.10. Avoid confusing or similar sounding names (Public Safety Dispatch test);
2.7.11. Avoid changing street names along any continuous alignment (Continuity test).
2.8. Naming of parks and facilities near schools shall be coordinated with the Milpitas Unified School District as much as possible.
2.9. All naming and/or renaming of a park or facility will be set forth by a Council Resolution.
2.10. Should policy conflict with any City Ordinance, Code or other laws and regulations, the respective City Ordinance, Code or other laws and regulations shall prevail.
3. P ROCEDURE
3.1. Maintaining a List of Names for Naming Streets, Parks, and Facilities.
3.1.1. The Recreation and Community Services Department shall maintain a List of Names for Naming Streets, Parks, and Facilities.
3.1.2. As needed, the Director of Recreation and Community Services shall bring additions to the List of Names for Naming Streets, Parks, and Facilities to Council for approval at any regular or special meeting.
3.2. Naming of Streets, Parks, and Facilities
3.2.1. City street, park and facilities naming recommendations shall be brought to the City Council Ad Hoc Naming Subcommittee for recommendation to the City Council and may be considered at any regular or special City Council meeting.”.
3.2.2. Naming recommendations shall be from the City Council approved List of Names available from the Director of Recreation and Community Services.
3.3. Proposed names for new City streets, parks, and facilities should be considered during the entitlement process prior to the final map approval.
3.4. Names being considered for streets shall be reviewed by the City and County emergency services dispatch and Post Office to discourage names that are too similar or confusing that may hinder emergency response; or are otherwise inappropriate for public safety purposes.
CITY OF MILPITAS
Revision Date
Original 04/21/2006
CITY STREETS, PARKS, AND FACILITIES NAMING POLICY / POLICY #
3.5. The following City Departments will contribute to the establishment and maintenance of databases for named streets, parks, and facilities:
3.5.1. Information and Technology Department – Maintain database of all City assets (streets, parks, and facilities)
3.5.2. Recreation and Community Services Department – Maintain Naming Lists, information about historical references, person’s full names, ancestry, dates of birth and death, and other information of interest about the person or group, and the significance of their name to Milpitas’ history and/or to that particular named asset.
3.5.3. Planning Department – Coordinate Street Naming related to new development, prepare, and maintain GIS databases for mapping of new facilities.
3.6. Renaming of a street, park, or facility
3.6.1. The renaming of a street, park, or facility may be initiated by City Council, City Commission, City staff, a group, or individuals.
3.6.2. The initiation of renaming by non-City organizations or individuals shall be made by participating during Public Forum at the appropriate advisory City Commission or City Council meeting.
3.6.3. The City Commission may place the request on the agenda for review of the proposed name(s), taking of public comment, and discussion of the renaming proposal consistent with this Policy.
3.6.4. When a City Commission considers the renaming proposal of a street, park, or facility, staff shall notify the surrounding neighborhood in a ¼ mile radius.
3.6.5. If the City Commission supports the renaming proposal, it will make a recommendation to the City Council for Council consideration.
3.7. The name of a park or facility that is sold, transferred to non-city ownership, or otherwise deemed to no longer be a City of Milpitas property, should be transferred to another location eligible for naming. Should there not be an appropriate location, the name shall be added to the appropriate Naming List for future use.
Approved by City Council action 9/3/2024
City of Milpitas
Facilities, Streets & Park Naming Subcommittee
Naming List – Milpitas Historical Names
Approved for: Streets, Parks, Facilities
NAME SUGGESTED BY DEDICATION LOCATION
19th CENTURY
1. Charles Beverson Commission: PRCRC
Milpitas Cattle Rancher/Dairy Farmer
2. Alfred Doten Commission: PRCRC
Milpitas literary figure/author
3. Alfred French Commission: PRCRC
Ran first hotel that brought tourism to Milpitas
4. JW Johnson Commission: PRCRC
First Town Constable
5. Augustus Rathbone Commission: PRCRC Augustus Rathbone Park First Storekeeper
20th CENTURY
6. Chew Family Naming Subcommittee
Part of Milpitas’ early agricultural history, the
Chew’s had 15 acres where they ran their Flower
Farm business
7. Albert Currlin Commission: PRCRC Dedication Plaque: Valley Health Center One of the first Doctors in Milpitas
Approved by City Council action 9/3/2024
NAME SUGGESTED BY DEDICATION LOCATION
8. Sal Cracolice Naming Subcommittee Sal Cracolice Building on Abel St. (1980’s June 2016) Ran Milpitas’ first Pharmacy, started first Youth Center Sal Cracolice Recreation Facility – (2016 to current)
9. Ernestina Garcia Commission: PRCRC
Civil Rights Activist
10. Joe House Commission: PRCRC
Mayor (1974 – 1976)
11. Bob McGuire Commission: PRCRC Dedication Plaque: Community Center Amphitheater First Parks and Recreation Director Bob McGuire Park
12. Ray Madruga Commission: PRCRC
Early Ironworker, invented “Milpitas Plow”
13. Mabel Mattos Named prior to Policy Street: Mattos Dr./Edsel Dr.; Bench/Farm Equipment Earliest and contributory members of the Milpitas Historical Society, farming family at Alviso Adobe Park; Mattos Elementary
14. Ford Naming Subcommittee
Ford Plant, impetus for the Sunnyhills development
15. Dick Delong Commission: PRCRC Street: Delong Dr./Tradezone Blvd. 2nd City Manager
16. Joe Smith Commission: PRCRC Street: Smith Ln./Pimentel Cir.
Past Fire Chief
17. Rodgers Family (Ben, Jim) Named prior to Policy Ben Rodgers Park Ben Rodgers, first Milpitas postmaster, Jim Rodgers former mayor and councilmember
18. Weller Family (Joseph, Abraham) Named prior to Policy Street: Weller Ln./N. Main St.; Weller Elementary Milpitas Pioneer settler family
Approved by City Council action 9/3/2024
19. Denny Weisgerber Named prior to Policy Denny Weisgerber Community Room: Senior Former mayor, councilmember, commissioner, Korean War Veteran, volunteer
21st CENTURY
20. Larry Voellger Naming Subcommittee Public Art Project Dedication: Higuera Adobe Park Started Milpitas’ first Public art Program (Art in Your Park)/ Long Serving Arts Commissioner
21. Jimmy Chamoures Naming Subcommittee
Instrumental in the rebuilding of the Milpitas Post Newspaper in the mid 90’s/Started Milpitas Yellow Pages
22. Jose Esteves Naming Subcommittee Milpitas Library (Milpitas Jose Esteves Public Library) Former mayor, councilmember, commissioner
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve Milpitas Arts and Culture Grant Request for a Juneteenth Celebration Event (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 2/17/2026
Recommendation: Approve a Milpitas Arts and Culture in-kind grant request from Sunnyhills Neighborhood Association for a Juneteenth Celebration Event on June 20, 2026.
BACKGROUND:
The Milpitas Arts and Culture Grant (MACG), formerly the Cultural Arts Support Program, started in 2001 as a way for the City of Milpitas to support enriching and free or low-cost cultural arts programming for the community. The program provides in-kind grants to cultural arts groups (i.e. nonprofit organizations, schools, clubs) and individuals in the form of free use of City of Milpitas indoor or outdoor space, wanting to offer programming or an event for the general public. Grant requests are limited to programs or event date(s) of no more than two (2) consecutive days and can include rehearsal time for a performing arts event. Grantees are also provided basic marketing support from the Recreation and Community Services Department in compliment to their respective outreach plans. The cumulative total of grant program or event hours, including set up and break down, is limited to 40 hours per organization/individual per year, or an in-kind grant value of $10,000, whichever comes first.
The Arts Commission reviews and recommends MACG applications to City Council for final approval.
The Sunnyhills Neighborhood Association has requested use of Sunnyhills Albert Augustine Jr. Memorial Park for a Juneteenth celebration on June 20, 2026. This would be the group’s fourth year producing this celebration of Black culture in Milpitas’ Sunnyhills neighborhood, historically recognized as the first planned racially integrated neighborhood in California.
ANALYSIS:
On January 26, 2026, the Arts Commission reviewed and unanimously recommended approval of the MACG In-Kind Grant Application from the Sunnyhills Neighborhood Association, requesting to use open space at Sunnyhills Albert Augustine Jr. Memorial Park for its fourth Juneteenth celebration on June 20, 2026.
The grant applicant previously received Milpitas Arts and Culture In-Kind Grants in 2023, 2024 and 2025 to use Sunnyhills Albert Augustine Jr. Memorial Park for a Juneteenth event. The event is planned to include live performances, art exhibits, and activities. The applicant estimates they will attract 135 guests at the event.
The grant application requests the following allowable in-kind services and/or resources:
1) City Park/open space for event (identified as Sunnyhills Albert Augustine Jr. Memorial Park) 2) Inclusion of the event in City marketing channels (Activity Guide, City website, Recreation and Community Services social media pages, and e-blast to the Recreation customer list)
The value of Sunnyhills Neighborhood Association’s MACG In-kind grant application, should it be approved, is $1,100. All required security deposits, liability insurance, and/or permits from the City or outside agency (i.e.
County of Santa Clara requirements) for this type of event are still required. As proposed, the event would require both a City of Milpitas Special Event Permit and Santa Clara County Event Organizer Permit. The cost of both these permits is the responsibility of the host organization and is not covered by this grant.
The award of MACG in-kind grant is not a guarantee the City special event permit or County event organizer permit will be granted. Should the Sunnyhills Neighborhood Association not be able to secure all the required permits, their event would need to be either scaled back, postponed, or cancelled.
POLICY ALTERNATIVE(S):
Alternative 1: Do not approve Sunnyhills Neighborhood Association’s grant request to use Sunnyhills Albert Augustine Jr. Memorial Park for its Juneteenth celebration.
Pros: If the request is not approved, the park remains open for rentals. The City could generate rental income should Sunnyhills Neighborhood Association choose to rent open space for its event or if picnic customers rent picnic areas.
Cons: Not approving the request may make it cost-prohibitive for Sunnyhills Neighborhood Association to host a Juneteenth event.
Reason for Not Recommending: Sunnyhills Neighborhood Association had three successful Juneteenth celebrations in 2023, 2024 and 2025, networking to involve many Milpitas residents and businesses in celebrating black culture. This proposal allows Milpitas residents to learn about and celebrate black culture.
This enriches and adds to the City’s own efforts to celebrate diversity.
PROJECT SCHEDULE/KEY MILESTONES
Applicants are responsible for all tasks and milestones to produce their event/program.
FISCAL IMPACT:
The in-kind grant value of the Juneteenth Celebration request is $1,100, which includes the value of the space rental.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is a fiscal activity of the City government or an action to create a City government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14 15378.
ATTACHMENT(S):
(a) Milpitas Arts and Culture Grant Application from Sunnyhills Neighborhood Association for a Juneteenth Celebration
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve Increase to the Milpitas Assistance Program (MAP) Water Utilities Bill Subsidy Amount (Staff Contact: Renée Lorentzen, Recreation and Community Services Director, 408-586-3409)
Category: Community Services and Sustainable Infrastructure
Meeting Date: 2/17/2026
Recommendation: Approve increase to the MAP Water Utilities Bill Subsidy Amount.
BACKGROUND:
On August 20, 2019, the Milpitas City Council adopted a resolution establishing the Milpitas Assistance Program, replacing and enhancing a previous assistance program, the Recreation Assistance Program (RAP).
The MAP is a City-run assistance program designed to provide eligible Milpitas residents with discounts and fee-waivers for certain municipal services. Services covered include:
• Discounts on water/sewer utility bills for residences served by the city. • Discounts on recreation and community services programs run by the city. • Income qualification for the Residential Building Incentive Program (waiver or reduction of residential permit fees for things like water heater, furnace, A/C replacement).
To determine the level of subsidy on eligible services, the program uses income tiers based on HUD Guidelines (Tier 1 = Very Low Income, Tier 2 = Low Income, Tier 3 = Temporary Hardship),. Available subsidies/discounts per Tier are:
• Tier 1 (Very Low Income) - Modest flat-rate discount of $22.52 on bi-monthly water utility bills, 75% off on City-run Recreation programs to a maximum of $1000 per household; and waiver of residential permit fees on water heater, furnace, or air conditioner replacements or electrical panel change-outs. • Tier 2 (Low Income) - Modest flat-rate discount of $22.52 on bi-monthly water utility bills, 50% off on City-run Recreation programs to a maximum of $750 per household; and 75% off residential permit fees on water heater, furnace, or air conditioner replacements or electrical panel change-outs. (Seniors age 50+ are eligible for an additional 15% off eligible residential permit fees, for a 90% total discount.) Tier 2 customers are permitted to pay for Recreation programs over time on a payment plan. • Tier 3 Temporary Hardship - Customers are eligible 75% off on City-run Recreation programs to a maximum of $750 per household; and 75% off residential permit fees on water heater, furnace, or air conditioner replacements or electrical panel change-outs. Tier 3 customers are permitted to pay for Recreation programs and water utility service over time on a payment plan. The City of Milpitas waives late fees on water utility bills incurred during the customer’s period of eligibility as a Tier 3 customer.
MAP offers continuous enrollment. Tier 1 and Tier 2 customers are eligible for one year from the date of approval and must reapply annually to verify their income level. Tier 3 customers are eligible for six months from the date of approval and may apply up to two times a year. Milpitas Assistance Program discounts will automatically cease if the customer does not reapply.
On June 3, 2025, the City Council directed staff to prepare information on options for increasing the water utility bill subsidy amount. On November 18, 2025, staff presented information on the MAP Water Utilities subsidy including current subsidy delivery (flat rate), current usage levels, demographic of participating residents, and program funding source. The City Council directed staff to research a tiered subsidy model for up to 205 participants with incremental subsidy increases as follows:
50/30/20 Tiered Subsidy Model
Tier Water Meter Discount Sewer Connection Discount Water Consumption Discount Tier 1 50% off 50% off Up to $50 off
Tier 2 30% off 30% off Up to $30 off
Tier 3 20% off 20% off Up to $20 off
ANALYSIS:
There are currently 236 households receiving MAP water utility bill subsidies. On November 18, 2025, the City Council directed staff to analyze the cost of implementing the 50/30/20 Tiered Subsidy Model for up to 205 participants. The cost estimates that follow are based on water bill data for 205 of the 236 currently participating households.
MAP Participant Demographics
• 91% of participants are Tier 1
• 91% of participants reside in Single Family Homes. Of those:
o 4% have a meter size of 1”
o 4% have a meter size of 3/4”
o 92% have a meter size of 5/8”
• 9% of participants reside in Multi-family Homes. Of those:
o 37% have a meter size of 1”
o 63% have a meter size of 5/8”
Water Bill Subsidy Range Examples
• Tier 1 Customer with a 1” meter:
o $164 subsidy applied to each bill
o $984 in annual subsidies
• Tier 2 Customer with a 3/4” meter:
o $90 subsidy applied to each bill
o $540 in annual subsidies
• Tier 1 Customer with a 5/8” meter:
o $144 subsidy applied to each bill
o $864 in annual subsidies
Based on current MAP Water Utilities Bill subsidy customers the below table demonstrates the total subsidy costs with implementing the 50/30/20 Tier Subsidy Model.
Estimated Annual Customer Subsidy Costs for FY 2026-27:
Tier FY 2026-27 (Bill Cycles 1 – 3) FY 2026-27 (Bill Cycles 4 – 6) Tier 1 $70,504 $72,898
Tier 2 $4,714 $4,857
Tier 3 - -
Subtotals $75,218 $77,755*
FY 2026-27 Total $152,973
*Seasonal increases in water consumption
MAP Water Utilities Subsidy Administrative Costs
Creating a subsidy discount structure beyond the existing flat rate discount is considered an enhancement to our current utility billing system (Cayenta). The one-time expense for the Cayenta developer to configure the proposed new subsidy structure, conducting system testing, deploy the new subsidy structure to the City utility billing system and reconfigure bill printing and reporting, are anticipated to cost up to $40,244, with staffing costs to support the deployment of $11,314 for a total estimated one-time expense of $51,558.
Ongoing administrative costs for staff to manage the subsidy program in both the Finance and Recreation and Community Services Departments are anticipated to be $43,000.
MAP Water Utility Bill Subsidy Funding
MAP water utility bill subsidies are funded through collected water utility bill late fees. These monies are captured in the City Utilities Subsidy Fund (Fund 109). The Fund 109 balance at the close of FY 2025 was $909,751. It is estimated that $321,500 will be collected annually in late fees in FY 2026 and in future fiscal years. Current expenditures to this account are the MAP water utility subsidy and a Mobile Home Park Sewer Rate Subsidy which sunsets in FY 2026-27.
With the Mobile Home Park Sewer subsidy phasing out in FY 2026-27 the mobile park user class will have reached a point of balance where the rates in FY 2027-28 fully recover the cost of providing sewer service.
This multi-year "easing transition" was recommended by staff. Without this consideration, the mobile park user class would have faced a rate increase of 25% from FY 2024 to FY 2025.
The next rate study will not need to correct for this going forward so any rate increases will be the same for Single family residential, multi-family, and mobile homes.
This fund may be a resource in the future for utility rate stabilization purposes or to fund one-time capital projects. During the last rate study, City Council adopted sewer rate increases of 4% per year through FY 2027-28. Each percentage increase equates to approximately $270,000 in revenues.
Total Program Costs
Cost Type FY 2026-27 (One-
Time)
FY 2026-27 (Ongoing)
Customer Bill Subsidies $152,973
Staff Support/Administration 11,314 43,000
Billing System Enhancement $40,244 -
Total Program Cost $51,558 $195,973
The proposed tiered subsidy program increase and administrative costs described above are within anticipated annual revenues for Fund 109; The level of any subsidy increase should also consider the City capacity to address evolving program and funding priorities over time; including additional mobile home park subsidies.
POLICY ALTERNATIVE(S):
Alternative 1 – Maintain the Existing Subsidy Limit
Pros: No additional fiscal impact; maintains fund balance flexibility.
Cons: Does not enhance financial assistance for current program participants.
Reason not recommended: Does not enhance financial assistance for residents.
FISCAL IMPACT:
The recommended action would result in a total fiscal impact to Fund 109 of $247,531 in FY 2026-27, comprising $51,558 in one-time costs and $195,973 in ongoing costs. One-time costs include $40,244 for the utility billing system enhancement to configure the new tiered subsidy structure and $11,314 in staff support for implementation activities such as system testing and configuration coordination. Ongoing costs include $152,973 in customer bill subsidies and $43,000 in staff administration across the Finance and Recreation and Community Services Departments. In subsequent fiscal years, the ongoing annual cost is estimated at $195,973, subject to changes in program enrollment and water consumption patterns.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is a fiscal activity of the City government or an action to create a City government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378. 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 involves the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges the City for the purpose of (1) Meeting operating expenses, including employee wage rates and fringe benefits, (2) Purchasing or leasing supplies, equipment, or materials, (3) Meeting financial reserve needs and requirements, or (4) Obtaining funds for capital projects, necessary to maintain service within existing service areas. The project is exempt pursuant to Cal. Code Regs., tit. 14, § 15273.
ATTACHMENT(S):
None
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Appointing a Permanent City Attorney (Staff Contact: Jared Hernandez, Acting City Manager, 408-586-3059)
Category: Leadership and Support Services
Meeting Date: 2/17/2026
Recommendation: (1) Adopt a resolution to appoint Christian M. Curtis as City Attorney; (2) Approve and authorize the Mayor to execute an employment agreement on behalf of the City; and (3) Authorize the Acting City Manager, or designee, to take such other actions as necessary and appropriate to carry out the purpose of this appointment.
BACKGROUND:
As stated in the City of Milpitas City Council Procedures and Protocols Handbook, the City Attorney is appointed by the City Council and reports to the full City Council. The City Attorney advises the City Council and City officers in their official capacity on legal matters affecting the City, attends all City Council meetings and some board/commission meetings, and represents the City in legal actions and proceedings. The City Attorney shall work in collaboration with the City Manager. The City Attorney position became vacant on April 25, 2025.
On May 6, 2025, the City Council adopted Resolution 9415 appointing Assistant City Attorney Christopher Creech as Acting City Attorney. The current recruitment for City Attorney was launched in November 2025 by executive recruitment firm, WBCP, Inc. On January 19 and 23, 2026, interviews were conducted by the full City Council. On January 23, 2026, the City Council selected a candidate and provided direction and authority to the Acting City Manager to negotiate a contract for the permanent City Attorney.
ANALYSIS:
Following an extensive recruitment conducted by WBCP, Inc. and multiple rounds of interviews from a diverse and highly qualified applicant pool, the City Council selected Christian M. Curtis as its preferred candidate for City Attorney. Mr. Curtis brings extensive public-sector legal leadership experience advising cities and counties throughout Northern California. Most recently, he served as City Attorney for the City of Redding, a full-service city with a population exceeding 90,000 residents, where he advised the City Council and department heads on complex legal and operational matters, oversaw civil litigation, contracts, and risk management, and led a professional legal team. Prior to that role, Mr. Curtis held multiple senior legal leadership positions with the County of Mendocino, including County Counsel, where he advised the Board of Supervisors and county departments on a broad range of legal issues, oversaw civil litigation, juvenile dependency, and code enforcement matters, and managed a large, multidisciplinary legal staff. Mr. Curtis also brings private-sector experience from his practice at Curtis & Curtis, LLP, where he focused on advising public agencies on employment law, labor relations, public contracting, and open government requirements, and served as lead counsel in litigation involving constitutional and tort claims.
On behalf of the City Council, staff recommends the City Council adopt a resolution (Attachment A) appointing Christian M. Curtis as permanent City Attorney, approve and authorize the Mayor to execute an employment agreement on behalf of the City with the terms and conditions identified in the Employment Agreement (Attachment B), and authorize the Acting City Manager or designee to take such other actions as necessary and appropriate to carry out the purpose of this appointment.
Pursuant to Resolution 9415, Assistant City Attorney Creech is authorized to continue acting as City Attorney until such time as the permanent City Attorney assumes office.
POLICY ALTERNATIVE(S):
Alternative 1: Do not adopt the resolution to appoint a permanent City Attorney.
Pros: None.
Cons: The volume and complexity of the City legal workload require a fully staffed City Attorney's Office operating at full capacity. An interim or contracted arrangement does not position the office to meet the City's ongoing operational, litigation, and advisory needs on a sustainable and economic basis.
FISCAL IMPACT:
The starting annual salary for the City Attorney is $340,000 per annum effective upon appointment, as set forth in the Employment Agreement. The total fiscal impact of this position encompasses the base salary, customary benefits consistent with the City of Milpitas Unrepresented Handbook, and any additional economic benefits specified in the terms and conditions of the Employment Agreement.
The City Attorney position has been vacant since April 25, 2025, and sufficient vacancy savings have been generated in this fiscal year starting July 1, 2025, to fully absorb the remaining FY 2025-26 costs associated with this appointment. The Employment Agreement contemplates a start date of May 4, 2026. However, even in the event the permanent City Attorney were to commence service as early as the date of appointment on February 17, 2026, existing vacancy savings accumulated over approximately 7.5 months are sufficient to cover all salary and benefit expenditures through the end of the current fiscal year without requiring additional appropriation.
As reflected in the table above, the total estimated annual compensation for the City Attorney position is $502,384, comprising $340,000 in salary and $162,384 in benefits. These costs are allocated approximately 97% to the General Fund (Fund 100) and 3% to the Affordable Housing Community Benefit Fund (Fund 216), reflecting the direct legal advisory and oversight responsibilities associated with the administration of the Affordable Housing Community Benefit Fund activities. Ongoing salary and benefit costs will be incorporated into the FY 2026-27 Proposed Operating Budget and future annual budget processes, subject to City Council adoption and appropriation.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is a continuing administrative or personnel activity and is not a project pursuant to Cal. Code Regs., tit. 14, § 15378. The action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub.
Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378. Even if a project, the action is exempt from 100 - General Fund
216 - Affordable Housing
Community Benefit Fund Total
Salary 329,800$ 10,200$ 340,000$ Benefits 157,512 4,872 162,384
Total Sources of Funds 487,312$ 15,072$ 502,384$ 100 - General Fund
216 - Affordable Housing
Community Benefit Fund Total
Salary 329,800$ 10,200$ 340,000$ Benefits 157,512 4,872 162,384
Total Uses of Funds 487,312$ 15,072$ 502,384$ Use of Funds
Source of Funds
further CEQA review pursuant to Cal. Code Regs., tit. 14, § 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
ATTACHMENT(S):
(a) Resolution Appointing a Permanent City Attorney
(b) Employment Agreement
(c) Press Release
RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS
APPOINTING A PERMANENT CITY ATTORNEY
WHEREAS, the Milpitas City Attorney position became vacant on April 25, 2025; and
WHEREAS, on May 6, 2025, the City Council adopted Resolution No. 9415 appointing Assistant City Attorney Christopher Creech as City Attorney on an Acting Basis until such time as a permanent City Attorney is appointed and takes office or the Council takes further action; and
WHEREAS, the City desires to employ the qualified professional services of Christian M. Curtis as City Attorney of the City, as provided by the Milpitas Municipal Code and Sections 36505 and 41800 et seq. of the California Government Code; and
WHEREAS, the annual salary to be paid to Christian M. Curtis for performance of the City Attorney position is $340,000.00 per year; and
WHEREAS, Christian M. Curtis will receive all benefits and incentives which Unrepresented Miscellaneous Exempt employees receive unless waived; and
WHEREAS, Christian M. Curtis will also receive benefits as specified in his Employment Agreement.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council hereby appoints Christian M. Curtis as City Attorney effective immediately and subject to all stipulations articulated in the Employment Agreement between the City of Milpitas and the Employee. This appointment is at-will, without tenure of any kind, and shall continue until such time as the City Council at its sole discretion for any reason or for no reason chooses to revoke, suspend or otherwise modify this appointment.
3. The City Council hereby approves and authorizes the Mayor of the City of Milpitas to execute the Employment Agreement on behalf of the City in the form attached hereto as Exhibit A.
4. The City Council hereby authorizes the Acting City Manager, or designee, to take such other actions as necessary and appropriate to carry out the purpose of this appointment.
PASSED AND ADOPTED this 17th day of February 2026, by the following vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAIN: ( )
2 Resolution No. xxxx
ATTEST: APPROVED:
Suzanne Guzzetta City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
Christopher Creech, Acting City Attorney
EMPLOYMENT AGREEMENT
THIS AGREEMENT (“Agreement”) is between the City of Milpitas, a municipal corporation (the “City” or “Employer”) and Christian M. Curtis (“Employee”), collectively referred to as the “Parties” and individually and interchangeably as “Party.” It is effective on the latest date next to the signatures on the last page (“Effective Date”).
This Agreement is entered into on the basis of the following facts, among others:
A. The City desires to employ the qualified professional services of Employee as City Attorney of the City, as provided by the Milpitas Municipal Code and Sections 36505 and 41800 et seq. of the California Government Code.
B. Following a professional recruitment, and after interviewing several candidates, Employee was selected by the City Council to serve as City Attorney. The Employee represents that he has the necessary and specialized experience, skills, and expertise required to serve as the City Attorney and is willing and capable to begin such appointment as provided herein.
C. The City Council and Employee desire to establish a reasonable, professional and trustworthy employment relationship, subject to the terms and conditions set forth in this agreement pertaining to compensation and benefits, performance evaluations, and related matters.
BASED UPON THE FOREGOING, THE CITY AND EMPLOYEE AGREE AS FOLLOWS:
1. Employee Appointed.
The City appoints Employee as City Attorney, and Employee continues to accept the appointment and employment as of the Effective Date.
2. Duties of Employee.
Employee shall perform the duties established for the City Attorney by State law, the Milpitas Municipal Code, the City Attorney job description, the directions of the City Council, or as otherwise provided by law, ordinance, or regulation. The provisions of the Milpitas Municipal Code pertaining to the City Attorney and City Attorney job description, as may be amended from time to time, are attached
hereto as Exhibit A and are hereby made a part of this Agreement. The City Attorney retains authority over the personnel actions within his department.
(a) Full Energy and Skill. Employee shall faithfully, diligently, and to the best of Employee’s abilities, perform all duties that may be required under this Agreement. Employee agrees that Employee has a duty of loyalty and a general fiduciary duty to the City. Employee shall devote the whole of Employee’s working time, skill, experience, knowledge, ability, labor, energy, attention, and best effort exclusively to the City’s business and affairs. Prior to undertaking any secondary activities for which Employee receives compensation, Employee shall disclose those activities to the Council.
(b) No Conflict. Employee shall not engage in any employment, activity, consulting service, or other enterprise, for compensation or otherwise, which is actually or potentially in conflict with, inimical to, or which interferes with the performance of Employee’s duties. Further, Employee shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the City of Milpitas. The City acknowledges that Employee’s spouse has a home business that may, from time to time, deliver to customers in Milpitas or may sell to wholesalers who may do business in Milpitas even though the business does not operate a physical presence within Milpitas. This home business does not violate this subsection. (c) Outside Activities. Consistent with subdivision 2(a) above, the Employee’s primary employment is with the City. Any outside activities for which the Employee receives compensation from a third party shall be disclosed, in advance, to the City Council. Employee is expected to take a personal leave (i.e., vacation time) for any outside activities of this nature.
3. Hours of Work.
The City Attorney is an exempt employee but is expected to engage in those hours of work that are necessary to fulfill the obligation of the City Attorney’s position. The City Attorney does not have set hours of work. The City Attorney is expected to be reasonably available to the City Council at all times. It
is recognized that the City Attorney must devote a great deal of time to the business of the City outside the City’s customary office hours, and to that end, the City Attorney’s schedule of work each day and week shall vary in accordance with the work required to be performed and in accordance with any specific direction provided by the City Council.
4. Term.
The term of this Agreement shall be from the Effective Date through two (2) years from the date the Employee commences employment (“Start Date”) – currently contemplated to be May 4, 2026 unless otherwise approved by the City Manager and Employee in writing – unless terminated earlier by either Party in accordance with the provisions set forth in Section 12, or unless extended as authorized by this Section. The City Council shall meet annually on or around each anniversary of the Start Date to consider an extension to the Agreement. Employee is responsible for properly and timely seeking agendization of this meeting.
5. City Council Commitment.
The City Council shall abide by all provisions of the City Municipal Code regarding the administration of personnel issues, with a copy of the relevant provisions of the City’s Municipal Code, as may be amended from time to time, attached hereto as Exhibit A.
6. Evaluations.
In the first year of the term of this Agreement, the City Council shall conduct an evaluation of Employee’s performance within 60 days of the Start Date to establish working relationships, norms, opportunities to be successful, and goals for the coming year, then followed on a six-month basis for the first year of the Agreement and annually thereafter. The second six-month evaluation shall be conducted within 60 days of the anniversary of the Start Date. The City Council shall conduct an evaluation of Employee’s performance and provide guidance and direction in accordance with specific criteria developed by the City Council. At the time of Employee’s annual performance evaluation, Employee may be eligible to receive an increase in Base Salary, as determined by the City Council in its sole discretion.
Employee may be eligible for the first increase on Employee’s first anniversary date, and then annually
dependent on a performance evaluation to precede any consideration of a salary adjustment. Employee is not automatically entitled to any increase, which is subject to the sole discretion of the Council. Employee is responsible for properly and timely agendizing these established evaluations. In addition to an established evaluation, the Council has discretion to provide Employee with an evaluation of performance at other times chosen by the Council, which Employee is responsible for properly and timely agendizing.
7. Compensation.
(a) Base Salary. Notwithstanding any contrary language in Exhibit A, Employee shall receive the annual Base Salary of Three Hundred and Forty Thousand Dollars ($340,000), payable on a pro-rata basis in the same manner as a full-time City employees, and subject to all applicable payroll taxes and withholdings. The salary and benefits contained herein shall commence as of the Start Date. (b) COLA Adjustments/Compaction. Whenever a cost of living adjustment or other non- merit based salary increase is provided to other miscellaneous unrepresented executive staff, the City Council shall consider whether it is reasonable and appropriate to grant the highest cost of living increase received by any miscellaneous unrepresented employee groups to the Employee’s Base Salary to avoid compaction and maintain a buffer of 10% minimum between the Employee’s Base Salary and the next highest salary for miscellaneous unrepresented executive staff in the City Attorney’s Office. No salary adjustment is guaranteed but is subject to the discretion of the City Council.
Reduction in Salary or Benefits. If the City reduces the Employee’s Base Salary, or any benefit described in Sections 8 to 11 of this Agreement, in a percentage that is greater than the average reduction of all miscellaneous unrepresented executive staff, which action shall constitute a termination of this Agreement without Cause under Section 12 of this agreement.
8. Regular Benefits and Allowances.
Employer agrees to provide and pay the City allowance for vision, dental, and comprehensive medical health insurance for Employee and his/her dependents, if any, equal to that which is provided to all other full-time miscellaneous unrepresented Executive Staff of Employer. The City contribution toward health insurance shall be equal to that which is provided to all other miscellaneous unrepresented executive staff of Employer as specified in the applicable Unrepresented Employee Benefit Handbook, last revised August 2025, or any amendment thereto or replacement thereof (“Benefit Handbook”).
Similarly, Employee shall receive short-term and long-term disability insurance coverage while this Agreement is in force, subject to any contributions required of unrepresented miscellaneous unrepresented executive staff.
9. Deferred Compensation.
As part of Employee’s annual base compensation, City agrees to provide a Section 457 deferred compensation program and to pay into such a program for Employee’s benefit monthly, an amount equal to that for miscellaneous unrepresented Executive Staff as provided in the Benefit Handbook commencing upon the Start Date.
10. Retirement Benefits.
Employer agrees to enroll Employee into the California Public Employees Retirement System (“CalPERS”) consistent with other City employees.
11. Additional Benefits and Allowances.
In addition to the benefits already specified in this Agreement, employee shall receive the same benefits afforded to Miscellaneous Unrepresented Executive Staff in the Benefit Handbook, including and not limited to:
(a) Vacation; Sick Leave
(i) Vacation. Employee shall accrue and be eligible to use vacation days in accordance with the City’s established vacation policy for Unpresented Miscellaneous Employees as provided in the Benefit Handbook.
(ii) Sick Leave. Employee shall be entitled to use and accrue sick leave in accordance with established City policy for Unpresented Miscellaneous Employees as provided in the Benefit Handbook.
(b) Automobile. Employee shall receive a monthly vehicle allowance of five hundred fifty dollars ($550.00) per month, for automobile trips which shall be equal to that which is provided to all other miscellaneous unrepresented Executive Staff of Employer as specified in the Benefit Handbook.
(c) Cellular Phone. Employee shall receive a City cell phone for City work purposes. (d) Professional Development. Employer expects the Employee to continue to develop the professional technical and leadership skills and knowledge necessary to serve as City Attorney.
To that end, Employee is expected to continue membership with the California State Bar Association. Employee is expected to attend state or regular conferences, trainings, and other educational opportunities to continue to hone the skills consistent with the City Attorney job description and to maintain licensure as an attorney for the State of California. The City will allow Employee reasonable time away to participate in these professional development opportunities and Employer shall pay for these training opportunities, including California State Bar Association Annual Membership, subject to City Council’s budget approval and in accordance with establish City policies.
Relocation Benefits. Employee will receive a one-time payment of $10,000 for relocation expenses on the first payroll after the Start Date, less all applicable taxes and withholdings. If Employee resigns from the City voluntarily for any reason or is terminated by the City for Cause (as defined hereafter) on or prior to the first anniversary of the Start Date, Employee will be responsible to repay to the City 100% of the relocation one-time payment ($10,000) less applicable taxes within thirty (30) days following separation from employment.
12. Termination of Employment.
(a) No Property Interest/Cause Defined. Employee understands and agrees that Employee has no constitutionally-protected property or other interest in Employee’s employment as City Attorney.
Employee understands and agrees that Employee works at the will and pleasure of the City Council and that Employee may be terminated, or asked to resign, at any time, with or without Cause, by a majority vote of its members. Notice of termination shall be provided to the City Attorney in writing. As used in this Agreement, Cause shall only mean any of the following:
(i) Conviction of, or plea of guilty or nolo contender to, any crime or offense (other than minor traffic violations or similar offenses) which is likely to have a material adverse impact on the City or on the Employee’s reputation;
(ii) Proven failure of the Employee to observe or perform any of his duties and obligation, if that failure continues for a period of thirty (30) business days from the date of his receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure;
(iii) Conviction of any crime involving an “abuse of office or position”, as that term is defined in California Government Code Section 53243.4;
(iv) Repeated failure to carry out a directive or directives of the City Council made by the City Council as a body at a Brown Act compliant meeting; and (v) Any grossly negligent action or inaction by Employee that materially and adversely: (a) impedes or disrupts the operations of City or its organizational units; (b) is detrimental to employees or public safety, or (c) violates the City’s properly-established rules or procedures.
(b) Termination Following City Council Election. No action by the City Council to terminate Employee, other than for Cause, will be made within six (6) months immediately following a City Council election. Nothing in this subsection alters the “at will” state of Employee’s employment
with the City or limits the City Council’s authority to consider modification or extension of this Agreement or other action short of termination.
(c) Notice Required of Employee. Employee may voluntarily terminate employment at any time giving not less than sixty (60) days’ notice. The notice must provide a definitive date upon which the Employee is voluntarily terminating the contract and, once submitted to the City Council, may not be changed without the consent of the City Council. (d) Severance Pay. If Employee is asked to resign or is terminated without Cause, then Employee shall be eligible to receive a cash payment equivalent to the sum of Employee’s then-current monthly salary multiplied by six (6) and the cash value, as determined by the City, of Employee’s monthly non-salary COBRA-eligible benefits multiplied by six (6). Any severance benefits paid shall be subject to state law requirement codified by California Government Code Section 53260.
This cash payment will be made on a pro-rated, monthly basis over the number of months involved, subject to termination of the severance requirement set forth below. Employee shall also be paid for any accrued, but unused, vacation. In the event of termination or resignation from employment or the non-renewal of this Agreement, sick leave upon termination shall be treated in accordance with the Benefit Handbook. Eligibility for such severance payment is expressly conditioned upon Employee’s execution of (i) a waiver and release of any and all of Employee’s claims against City, and (ii) a covenant not to sue. All normal payroll taxes and withholdings as required by law shall be made with respect to any amounts paid under this section. Employee expressly agrees to provide notice to the City within two (2) business days of accepting employment elsewhere, and the City’s obligation to pay any severance benefit to Employee shall terminate upon Employee’s acceptance of such alternative employment. (e) Ineligibility for Severance under Certain Conditions. If the termination of the Employee is for Cause (as defined above) or if Employee voluntarily resigns, Employee is not eligible for and will not receive any severance. If Employee is terminated without Cause, then Section 7(d) above shall control.
(f) Communications Upon Termination. In the event that Employer terminates the Employee for any reason or no reason, the Employer and Employee agree to undertake reasonable efforts to issue a joint press release or statement, the content of which is mutually agreeable to the Employer and Employee. The joint press release or statement shall not contain any text or information that is reasonably considered to be disparaging to either Party. For purposes of this subdivision only, “Party” additionally includes City Council members in the office at the time of termination and miscellaneous unrepresented executive employees. If the Parties are able to agree on a joint statement, any Party may verbally repeat the substance of the joint press release or statement in response to any inquiry.
\ \ \
13. Statutory Requirements.
This agreement shall be deemed to incorporate by reference the provisions of Sections 53243 et seq. of the California Government Code, as it may be amended or renumbered.
14. Payment of Expenses of Employment.
The City shall pay for the following usual and customary expenses:
(a) The cost of any fidelity or other bonds required by law for the City Attorney. (b) Subject to Section 12 of this Agreement, the cost to defend and indemnify Employee as required by the California Government Claims Act (Government Code § 810 et seq.) or otherwise. City will determine, in its sole discretion, whether to compromise and settle any such claims or suit against Employee and the amount of any settlement or judgement rendered thereon. (c) Subject to budget approval, the cost of attending conferences or other events (i.e. out-of-town meetings, professional memberships, and seminars, etc.) necessary for the proper discharge or Employee’s duties. The City will not reimburse Employee of any expenses related to membership in service clubs, and will not encourage or require service club membership.
15. Miscellaneous.
(a) Notices. Notices given under this Agreement shall be in writing and shall be:
(i) Served personally; or
(ii) Sent by facsimile (provided a hard copy is mailed within one (1) business day); or (iii) Delivered by first-class United States mail, certified, with postage prepaid and a return receipt requested; or
(iv) Sent by Federal Express, or some equivalent private overnight delivery service.
Notices shall be deemed received at the earlier of actual receipt or three (3) days following deposit in the United Stated mail, postage prepaid. Notices shall be directed to the addresses shown below, provided that a Party may change such Party’s address for notice by giving written notice to the other Party in accordance with this subsection.
EMPLOYER:
City of Milpitas
Attn: Mayor
455 E. Calaveras Blvd.
Milpitas, CA 95035
EMPLOYEE:
Christian M. Curtis
Attn: City Attorney
455 E. Calaveras Blvd.
Milpitas, CA 95035
(b) Compliance with Government Code §§53243, 53243.1, & 53243.2. If Employee is convicted of a crime involving an abuse of the Employee’s office or position, all of the following shall apply:
(i) If Employee is provided with administrative leave pay pending an investigation, Employee shall be required to fully reimburse the City for such amounts paid; (ii) If the City pays for the criminal legal defense of Employee (which would be in its sole discretion, as it is not generally required to pay for criminal defense), Employee shall be required to fully reimburse City such amounts paid; (iii) If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City or void if not yet paid to Employee; and
(iv) For this subsection, “abuse of office or position” means either (1) and abuse of public authority, include waste, fraud, and violations of the law under color or authority, or (2) a crime against public justice, including but not limited to a crime described in Title 7 (commencing with Section 92) or Part 1 of the California Penal Code. (c) Entire Agreement/Amendment. This Agreement constitutes the entire understanding and agreement between the Parties as to those matters contained in it and supersedes any and all prior or contemporaneous agreements, representation, and understanding of the Parties. This Agreement may be amended at any time by mutual agreement of the Parties, but any such amendment must be in writing, dated, and signed by the Parties and attached hereto. (d) Attorney’s Fees. If any legal action or proceeding is brought to enforce or interpret this Agreement, the prevailing party shall be entitled to recover his or its attorney’s fees and costs.
Nothing in this subsection shall be read to prevent the Parties from agreeing to some alternative method of dispute resolution.
(e) Severability. In the event any portion of this Agreement is declared void, such be severed from this Agreement and the remaining provision shall remain in effect unless the result of that severability would be to substantially alter this Agreement or the obligation of the Parties, in which case this Agreement shall be immediately terminated. (f) Waiver. Any failure of a Party to insist upon strict compliance with any term, undertaking, or condition of this Agreement shall not be deemed to be a waiver of such term, undertaking, or condition. To be effective, a waiver must be in writing, signed, and dated by the Parties. (g) Representation by Counsel. The Parties acknowledge and agree that they were, or had the opportunity to be, represented individually by legal counsel with respect to the matters that are the subject of this Agreement and that they are fully advised with respect to their respective rights and obligation resulting from signing this Agreement.
(h) Neutral Interpretation. The Parties agree that the terms of this Agreement resulted from arm’s length negotiation between them and is not a contract of adhesion. This Agreement will be
interpreted neutrally as if both Parties jointly drafted and prepared all provisions and will not be construed in favor or against either Party by reason of actual authorship. (i) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Employee and City agree that the venue for any dispute shall be in Santa Clara County, California.
(j) Section Headings. The headings on each of the sections and subsections of this Agreement are for the convenience of the Parties only and do not limit or expand contents of any such section or subsection.
(k) No Assignment. Employee may not assign this Agreement in whole or in part. (l) Execution Electronically and in Counterparts. This Agreement may be executed electronically and/or in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy, facsimile, or electronic transmission of the Agreement, including signatures, shall be deemed to constitute evidence of the Agreement having been executed.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURES ON NEXT PAGE]
SIGNATURE PAGE FOR AGREEMENT FOR EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF MILPITAS
AND CHRISTIAN M. CURTIS
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement effective as of the date last written below (the Effective Date as defined in the Agreement).
Dated: CITY OF MILPITAS
By ___________________________________
Carmen Montano, Mayor
Dated: EMPLOYEE
By ___________________________________
Christian M. Curtis
Approved as to Form:
_____________________________________
Christopher Creech, Acting City Attorney
EXHIBIT A
Excerpts Milpitas Municipal Code and City Attorney Job Description
MILPITAS MUNICIPAL CODE
Title VI
PERSONNEL
Chapters:
VI-1 City Manager 419
VI-3 Departments, Assignments and
Appointments
423
VI-10 Public Safety Dispatcher Training and
Selection
424.1
VI-101 Personnel System 425
VI-102 Provisions for Reducing City Work Force 430
Chapter 1 CITY MANAGER
Section 1 Establishment
The office of City Manager and the City Manager form of government is hereby established in the City of Milpitas pursuant to the provisions of Section 34851a et seq., of the Government Code of the State of California. (Ord. 63 (part), 8/20/57)
Section 2 Duties and Responsibilities
VI-1-2.01 Manager Responsible to the Council
The City Manager shall be the chief executive officer of the City Council of the City of Milpitas and shall act as the agent for and on behalf of the Council in the discharge of its administrative functions. He shall be responsible to the City Council for the administration of all affairs of the City except as otherwise provided herein. (Ord. 63 (part), 8/20/57)
VI-1-2.02 Manager Shall Attend All City Council Meetings and Make Reports The City Manager shall attend all regular and special meetings of the City Council. He shall report to the Council as requested by the City Council and as he deems necessary. He shall keep the Council advised of the financial condition and future needs of the city and shall make such recommendations as he may deem desirable. (Ord. 63 (part), 8/20/57)
VI-1-2.03 Appointment and Removal of Employees by Manager The City Manager shall be the "appointing officer" of the City, and shall have the power to appoint and dismiss all subordinate appointive officers and employees, subject to the provisions of the City's Municipal Code.
Provided, however, that the provisions of this Section shall not apply to the City Attorney. (Ord. 52.5 (part), 11/18/97: Ord. 63 (part), 8/20/57)
VI-1-2.04 Council Dealing with Administrative Staff through City Manager Except for purposes of inquiry, the City Council and its members shall deal with the administrative staff solely through the City Manager.
(Ord. 63 (part), 8/20/57)
VI-1-2.05 Preparation and Administration of the Budget
The City Manager shall prepare the budget annually and submit it to the City Council, and he shall be responsible for its administration after adoption. He shall supervise the expenditures of and act as the purchasing agent for all the departments, divisions and services of the city government. The City Manager shall prepare and submit to the City Council a complete report as of the end of each fiscal year on the finances and administrative activities of the City during the preceding year.
(Ord. 63 (part), 8/20/57)
VI-1-2.06 Performance of Other Duties
The City Manager shall perform such other duties as are consistent with this chapter and as may be prescribed by ordinance, resolution, or order of the City Council. (Ord. 63 (part), 8/20/57)
VI-1-2.07 Designation of Administrative Officer when Manager is Absent or Disabled The City Manager may designate in writing a qualified administrative officer of the City to perform his duties during his temporary absence or disability. In the event of the failure of the City Manager to make such designation, the Council may by resolution appoint an officer of the City to perform the duties of the City Manager until he shall return or his disability shall cease.
(Ord. 63 (part), 8/20/57)
VI-1-2.08 Creation of Departments and Subdivisions
The work of the city government may be distributed among such departments, divisions, and services thereof as may be established by ordinance of the City Council upon recommendation of the City Manager.
Pending the passage of an ordinance distributing such work, the Manager may establish temporary departments, divisions, and services.
(Ord. 63 (part), 8/20/57)
VI-1-2.09 Furnishing Bond
The City Manager shall furnish a bond to the City of Milpitas conditioned upon the faithful performance of his duties in a penal sum and with such corporate surety as the Council may require. The premium for said bond shall be paid by the City of Milpitas.
(Ord. 63 (part), 8/20/57)
VI-1-2.10 Appointment and Removal
The City Manager shall be appointed by a majority of the City Council and shall serve until he or she is removed by a majority of the members or until his or her resignation. (Ord. 52.4, 2/2/93; Ord. 63 (part), 8/20/57)
VI-1-2.11 Notice of Resignation
The City Manager may resign from his position upon at least thirty (30) days' notice in writing to the City Council.
(Ord. 63 (part), 8/20/57)
VI-1-2.12 Compensation
The compensation, annual leave, sick leave and other recompense of the City Manager and perquisites of his office shall be as determined by order or resolution of the City Council. (Ord. 63 (part), 8/20/57)
VI-1-2.13 Assigning Additional Duties
Wherever any order, resolution or ordinance of the City Council of the City of Milpitas has heretofore or hereafter assigned any power or duty or granted any right or privilege to the City Administrator of the City of Milpitas, the City Manager of the City of Milpitas shall be empowered and shall be assigned said power or duty and shall be granted said right or privilege.
(Ord. 63 (part), 8/20/57)
VI-1-2.14 Signatures.
The City Manager and his or her designee, upon approval of the City Council, shall have the authority to sign and execute the following instruments:
(a) All warrants drawn on the City Treasury.
(b) All written contracts and conveyances made or entered into by the City. (c) All instruments requiring the City seal.
(Ord. 63.2, 6/15/99)
Section 3 Transfer of Duties to City Manager
VI-1-3.01 City Clerk
Pursuant to the provisions of Section 34004 of the Government Code of the State of California, the City Council of the City of Milpitas does hereby transfer from the City Clerk of the City of Milpitas to the City Manager of the City of Milpitas, any duty imposed upon said Clerk by any law of the State of California or any rule or regulation adopted under the authority of any such law except as hereinafter provided, and any duty imposed upon the City Clerk by any ordinance or resolution of the City of Milpitas, or any rule or regulation adopted under the authority of any ordinance or resolution of the City of Milpitas except as hereinafter provided:
(Ord. 52.2, 1/16/63)
3.01-1 Exception: The City Clerk may sign and execute any evidence of indebtedness, bond, indenture, or document specified by law or contract to be signed or executed by the City Clerk in connection with the issuance, sale or redemption of bonds, and evidences of indebtedness, and the qualification for or acceptance of grants, the proceedings for the authorization or incurring of which have been conducted by, or pursuant to the authority of the City Council.
(Ord. 52.2, 1/16/63)
3.01-2 Exception: The City Clerk shall have concurrent authority (with the City Manager) to administer oaths or affirmations and take and certify affidavits and depositions pertaining to city affairs and business pursuant to the authority granted by 40814 of the Government Code of the State of California. (Ord. 52.2, 1/16/63)
VI-1-3.02 Treasurer
Pursuant to the provisions of 34004 of the Government Code of the State of California, the City Council of the City of Milpitas does hereby transfer from the City Treasurer of the City of Milpitas to the City Manager of the City of Milpitas, any duty imposed upon said Treasurer by any law of the State of California or any rule or regulation adopted under the authority of any such law except as hereinafter provided, and any duty imposed upon the City Treasurer by any ordinance or resolution of the City of Milpitas, or any rule or regulation adopted under the authority of any ordinance or resolution of the City of Milpitas except as hereinafter provided:
(Ord. 52.2, 1/16/63)
3.02-1 Exception: The City Treasurer may continue to sign voucher checks of the City of Milpitas to the extent granted by resolution of the City Council enacted under authority of 37203 of the Government Code.
3.02-2 Exception: The City Treasurer may sign and execute any evidence of indebtedness, bond, indenture, or document specified by law or contract to be signed or executed by the City Treasurer in connection with the issuance, sale or redemption of bonds, and evidences of indebtedness, and the qualification for or acceptance of grants, the proceedings for the authorization or incurring of which have been conducted by, or pursuant to the authority of, the City Council. (Ord. 52.2, 1/16/63)
VI-1-3.03 Performance of Duties Transferred
It shall be the duty of the City Manager to perform such duties as have been transferred to him, pursuant to the provisions of this section.
(Ord. 52.2, 1/16/63)
VI-1-3.04 City Manager Empowered to Appoint Clerk and Treasurer Pursuant to the provisions of Section 36510 of the Government Code of the State of California, the City Manager of the City of Milpitas is hereby empowered to appoint the City Clerk and the City Treasurer. (Ord. 52.3, 9/18/73)
Section 4 Employment Contracts
VI-1-4.00
Nothing herein contained shall be construed to prevent the City Council from entering into a written contract of employment with the City Manager. Said contract may, in addition to such other provisions as shall not be in conflict with the provisions of this Chapter, provide for severance pay to the City Manager in the event his employment is terminated by City. No contract of employment, however, shall exceed a term of four years. No contract of employment shall contain any provision inconsistent with the provisions of this Chapter. (Ord. 63.1, 9/5/78)
VI-1-4.01 Declaratory of Existing Law
The Council finds and determines that the provisions of this Section VI-1-4.00 are declaratory of existing law and do not constitute a change in said law.
(Ord. 63.1, 9/5/78)
Chapter 3 DEPARTMENTS, ASSIGNMENTS AND APPOINTMENTS
VI-3-1.00 Establishment of Departments of City
Pursuant to the provision of Section VI-1-2.08 of the Milpitas Municipal Code, the work of the City government shall be distributed among the following departments of the City:
A. City Manager;
B. City Attorney;
C. Finance;
D. Human Resources;
E. Information Technology;
F. Planning;
G. Public Works;
H. Police;
I. Fire; and
J. Recreation and Community Services.
(Ord. No. 315, § 2, 1/7/25; Ord. No. 301, § 19, 8/20/19; Ord. No. 197.14, § 1, 6/6/17; Ord. No. 197.13, § 2, 6/2/15; Ord. No. 197.12, § 2, 6/5/12; Ord. No. 197.11, § 2, 6-16-09; Ord. 197.10 (1), 6/19/07: Ord. 197.9, 6/6/06: Ord.
197.7, 7/3/01: Ord. 197.6, 9/5/95: Ord. 197.5, 3/21/95: Ord. 197.4, 5/4/94: Ord. 197.3 (A), 8/5/86: Ord. 197.2, 3/16/79; Ord. 197.1 (part), 9/5/78)
VI-3-2.00 Divisions and Distribution of Work
Subject to other provisions of law, the work of the City government shall be assigned to such departments and such divisions within such departments as the City Manager shall establish and determine. In addition to the general functions of the City Manager's Office, the Offices of the City Clerk, Communications, Building Safety, Housing and Economic Development are included as part of the City Manager's Office. (Ord. No. 315, § 2, 1/7/25; Ord. 197.1, 9/5/78)
VI-3-3.00 Appointment and Removal of Department Heads
The City Manager shall appoint, and at his or her pleasure may dismiss, all City Department Heads. The City Manager's power to appoint and dismiss as described in this Ordinance may not be amended or limited, except as expressly imposed by formal action of the City Council. (Ord. 52.5 (part), 11/18/97: Ord. 197.1 (part), 9/5/78) VI-3-4.00 Severance Payments for Specified "At-Will" Positions
1. Application. The ordinance codified in this Section shall permit the payment of severance to City employees serving in any of the following positions on an "at-will" (i.e., exempt) basis: Department Heads; Building Official; and City Engineer (hereafter "qualifying positions").
2. Severance Schedule. In exchange for a general release in a form subject to approval by the City Attorney, the City Manager may grant severance pay pursuant to this Section on the following schedule. Severance pay shall be based on an employee's base salary at the time of separation and is subject to all applicable withholding as determined by the City or appropriate taxing authorities:
For employees with up to one year of City service in a qualifying position: Four weeks' salary.
For employees with greater than one year, but no more than five years, of City service in a qualifying position: Four weeks' salary, plus two weeks' salary for each additional year of City service in a qualifying position (maximum twelve weeks' salary).
For employees with greater than five years of City service in a qualifying position: Twelve weeks' salary, plus one week's salary for each additional year of City service in a qualifying position not to exceed a total of four additional weeks' salary.
3. Criteria and Administration.
(a) The maximum amount of severance payable under this Section sixteen weeks' salary. The minimum City service required in a qualifying position in order to receive this amount is ni ne years. (b) A year of City service means at least 2080 hours during a twelve-month period in a paid status. (c) Severance payments under this Section shall not be paid until after the City Attorney approves the release and after any statutory waiting periods have expired (e.g., the seven -day waiting period under the ADEA).
(d) Severance payments may be made under this Section only after an employee is dismissed without cause or is laid off. Employees who voluntarily resign, retire, or who are dismissed "for cause" are ineligible for severance payments made under this section. Dismissal "for cause" includes any dismissal made for reasons of fraud, dishonesty, insubordination, theft, misappropriation or misuse of City
property, excessive absenteeism, actions prohibited by the City's anti -discrimination policies, or conduct that would constitute a crime. The City Manager shall have the discretion to determine whether dismissals are "for cause" under this section.
(Ord. No. 315, § 2, 1/7/25; Ord. 197.8, 6/4/02)
Chapter 10 PUBLIC SAFETY DISPATCHER TRAINING AND SELECTION VI-10-1.00 Purpose
The City of Milpitas declares that it desires to qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1, of Title 4, Part 4, of the California Penal Code. (Ord. 235 (part), 4/3/90)
VI-10-2.00 State Standards
Pursuant to Section 13510(c), Chapter 1, the City of Milpitas will adhere to standards for recruitment and training established by the California Commission on Peace Officer Standards and Training (POST). (Ord. 235 (part), 4/3/90)
VI-10-3.00 Adherence to Standards
Pursuant to section 13512, Chapter 1, the Commission and its representatives may make such inquiries as deemed appropriate by the Commission to ascertain that the City of Milpitas public safety dispatcher personnel adhere to standards for selection and training established by the Commission on Peace Officer Standards and Training.
(Ord. 235 (part), 4/3/90)
Chapter 101 PERSONNEL SYSTEM
[Section 1. Adoption of Personnel System]
VI-101-1.00 Adoption of Personnel System
In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness as determined by competitive test; and to provide a reasonable degree of security for qualified employees, the following personnel system is hereby adopted. (Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) [Section 2. Personnel Officer]
VI-101-2.00 Personnel Officer
VI-101-2.01 Duties and Responsibilities
The City Manager shall be ex-officio personnel officer. The City Manager may delegate any of the powers and duties as personnel officer under this Chapter to any other officer or employee of the City or may recommend that such powers and duties be performed under contract as provided in Section VI -101-15 of this Chapter. The Personnel Officer shall:
2.01-1 Administer all the provisions of this Chapter and of the personnel rules not specifically reserved to the Council.
2.01-2 Prepare and recommend to the Council revisions and amendments to the personnel rules. The City Attorney shall approve the legality of such revisions and amendments prior to their submission to the Council.
2.01-3 Prepare a position classification plan, including class specifications, and revisions of the plan.
The plan, and any revisions thereof, shall become effective upon approval by the Council.
2.01-4 Prepare a plan of compensation, and revisions thereof, covering all classifications in the competitive service. The plan, and any revisions thereof, shall become effective upon approval by the Council.
(Ord. 111.8 (C)(part), (D), 4/17/90: Ord. 111 (part), 8/6/63) [Section 3. Competitive Service]
VI-101-3.00 Competitive Service
The provisions of this Chapter shall apply to all offices, positions, and employments in the service of the City, except the following "exempt" positions.
(Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) VI-101-3.01 Positions Exempt from Competitive Service
3.01-1 All elected officials.
3.01-2 Members of appointive boards, commissions and committees.
3.01-3 Persons engaged under contract to supply expert, professional or technical services for a definite period of time.
3.01-4 Volunteer personnel, such as volunteer firemen, who receive no regular compensation from the City.
3.01-5 The City Attorney, the City Clerk, and City Treasurer.
3.01-6 The City Manager and Assistant City Manager.
3.01-7 Department Heads, Directors, Division Heads and other employees with significant responsibility for formulating and administering City policies and programs. (Ord. 111.8 (C)(part), (E), 4/17/90: Ord 111.2, 6/22/70; Ord. 111 (part), 8/6/63)
[Section 4. Adoption of Rules]
VI-101-4.00 Adoption of Rules
Personnel rules, prepared by the City Manager subject to this Chapter and to revision by the Council, shall be adopted, and may be amended from time to time, by resolution of the Council. The rules shall establish specific procedures and regulations governing the following phases of the personnel system:
(Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) VI-101-4.01 Coverage of Such Rules
4.01-1 Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class.
4.01-2 Preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class.
4.01-3 Public announcement of all tests and the acceptance of applications for employment.
4.01-4 Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment.
4.01-5 Certification and appointment of persons for employment lists, and the making of temporary and emergency appointments.
4.01-6 Transfer, promotion, demotion, and reinstatement of employees in the competitive service.
4.01-7 Separation of employees from the City service through lay -off, suspension, and dismissal.
4.01-8 Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare, and training.
4.01-9 Suitable provision for orderly and equitable presentations to the City Manager and to the City Council by employees relating to general conditions of employment.
4.01-10 Content, maintenance, and use of personnel records and forms.
4.01-11 Not codified.
4.01-12 Any other procedures and regulations necessary to carry out the provisions of this Chapter. (Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) [Section 5. Appointments]
VI-101-5.00 Appointments
VI-101-5.01 Competitive
Examinations
Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations shall not be required for the reinstatement of employees to the same or
comparable class, for which they are qualified and from which they were separated as a result of resignation in good standing or reduction in force.
Provided however, the City Council shall be entitled to establish preference in the competitive examination procedure for veterans of the United States armed forces as defined by and under rules and regulations adopted by the City Council by resolution.
(Ord. 111.8 (C)(part), 4/17/90; Ord. 111.7, 2/18/86; Ord. 111 (part), 8/6/63) VI-101-5.02 Power to Make Appointments
Appointments shall be made by the City Council, City Manager, Department Heads, Personnel Officer or the officer in whom the power to make appointments is vested by law. (Ord. 111.8 (C)(part), (F), 4/17/90: Ord. 111 (part), 8/6/63) VI-101-5.03 Temporary appointment
In the absence of appropriate employment lists, a temporary appointment may be made in accordance with the Personnel Rules.
(Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) VI-101-5.04 Emergency appointments
Emergency appointments shall be made in accordance with state law and the personnel rules. (Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) Section 6 Probationary Period
All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months.
(Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) Section 7 Status of Present Employees
VI-101-7.01 Exemption From Qualifying
Any person holding a position included in the competitive service who, on the effective date of this Chapter, shall have served continuously in such position for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this Chapter and the personnel rules.
(Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63)
VI-101-7.02 Present Employee in Probationary Period
Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment. (Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) Section 8 Applicability of Rules to Certain Exempt Positions The provisions of the personnel rules relating to attendance and leaves shall apply to the incumbents of full - time exempt positions.
(Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) Section 9 Appointments Subject to Ordinance
The City Council, City Manager, and any other officer in whom is vested the power to appoint, make transfers, promotions, demotions, reinstatements, lay-offs, and to suspend or dismiss employees, shall retain such power, subject to the provisions of this chapter and the personnel rules. (Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) Section 10 Suspension
Any person holding a position or employment in the competitive service shall be subject to disciplinary suspension without pay by the appointing power, provided that such suspensions are in accordance with the provisions of this chapter and the personnel rules relating to appeals procedure. (Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) Section 11 Right of Appeal
Except as otherwise provided in a Memorandum of Understanding approved by the City Council, any employee shall have the right to appeal any disciplinary action, suspension, demotion, reduction or alleged violation of the personnel ordinance or rules. The administration of appeals shall be governed by the personnel rules.
(Ord. 111.8 (C)(part), (G), 4/17/90: Ord. 111.7 (part), 1/6/87: Ord. 111 (part), 8/6/63) Section 12 Improper Political Activity
Any person holding an office or employment in the competitive service shall not:
(a) Deleted by Ord. 111.3.
(b) During hours of work, or when dressed in the uniform required in any department of the City government or when wearing any City insignia required or permitted in any department of the City government or while identifying himself as an officer or employee of the City of Milpitas, participate in any City, District, County, State, Federal or other political activity or participate in any nomination, campaign or election (except as expressly authorized by the City Manager of City.)
(c) Use his office or employment or title or City uniform or City insignia in connection with any City, District, County, State, Federal or other political activity or in connection with any nomination, campaign or election (except as expressly authorized by the City Manager). (Ord. 111.8 (C)(part), 4/17/90; Ord. 111.3, 6/18/74; Ord. 111.1, 5/28/68; Ord. 111 (part), 8/6/63)
Section 13 Activities Not Affected
This chapter does not prevent any officer or employee from:
(a) Becoming or continuing to be a member of a political club or organization. (b) Attendance at a political meeting.
(c) Enjoying entire freedom from all interference in casting his vote. (d) Seeking or accepting election or appointment to public office while on leave of absence. (e) Seeking signatures to any initiative or referendum petition directly affecting his rates of pay, hours of work, retirement, civil service, or other working conditions provided such activity is not carried on during hours of work.
(f) Distributing badges, pamphlets, dodgers, or handbills or other participation in any campaign in connection with such petition if the activity is not carried on during hours of work, or when he is dressed in the uniform required in any department of the city government.
The violation of any provision of Sections 12 or 13 is ground for discharge of any officer of employee. (Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) Section 14 Discrimination
All recruitment, hiring, placements, transfers and promotions shall be on the basis of qualifications of the individual for the positions being filled regardless of race, color, religion, ancestry, national origin, age (over forty years), sex, marital status, medical condition (cured or rehabilitated cancer), physical handicap, political affiliation or union activity. All other personnel actions, such as compensation, benefits, layoffs, returns from layoffs, disciplinary actions, training and social and recreational programs shall also be administered regardless of race, color, religion, ancestry, national origin, age (over forty years), sex, marital status, medical condition, physical handicap, political affiliation or union activity.
(Ord. 111.8 (C)(part), (H), 4/17/90: Ord. 111 (part), 8/6/63) Section 15 Right to Contract for Special Service
The City Manager shall consider and make recommendations to the City Council regarding the extent to which the City should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The Council may contract with any qualified person or agency for the performance of all or any of the following responsibilities and duties imposed by this Chapter:
(a) The preparation of personnel rules and subsequent revisions and amendments thereof. (b) The preparation of a position-classification plan, and subsequent revisions and amendments thereof. (c) The preparation of a plan of compensation, and subsequent revisions and amendments thereof. (d) The preparation, conduct and grading of competitive tests.
(e) Special and technical services of advisory or informational character on matters relating to personnel administration.
(Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) Section 16 Appropriation of Funds
The Council shall appropriate such funds as are necessary to carry out the provisions of this Chapter. (Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) Section 17 Penalty Provision
See I-1-4.09-1
(Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) Section 18 Regulations Regarding Nepotism
VI-101-18.01
As used herein, the term "relative" means the following relationships by blood, marriage or adoption:
Spouse, father, mother, sister, brother, son, daughter, niece, nephew, aunt, uncle, stepfather, stepmother, stepsister, stepbrother, stepson, stepdaughter.
(Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) VI-101-18.02
The provisions of this Section shall not apply to any officer, employee or appointee holding any office, employment or appointment prior to thirty days following the adoption of this Section. (Ord. 111.8 (C)(part), 4/17/90; Ord. 111 (part), 8/6/63) VI-101-18.03
No person shall be disqualified for appointment as an employee of the City or disqualified from assignment or transfer for the sole reason that said person is a relative of another City officer or employee except as follows:
a) No person shall serve in a position where said person is subject to supervision, evaluation, discipline or having his/her compensation determined by a relative. b) No person who is a relative of a department head shall serve in the department of said department head.
c) No person who is a relative of a division head shall serve in the same division as said division head. d) No relative of the City Manager, Mayor, or of any City Council member shall serve in any city position provided nothing herein contained:
(i) shall be a limitation upon the power of the electorate to elect a Mayor or Council member, notwithstanding the fact that at the time of said election, said Mayor or Council member shall have a relative employed by the City
(ii) shall be a limitation upon the power of the Mayor or Council to appoint any Council member or other City officer, notwithstanding the fact that at the time of the appointment, the appointee has a relative employed by the City.
(Ord. 111.8 (C)(part), 4/17/90; Ord. 111.6, 2/18/86; Ord. 111 (part), 8/6/63) Chapter 102 PROVISIONS FOR REDUCING CITY WORK FORCE
Section 1 Abolition or Reduction of Authorized Positions VI-102-1.00
Whenever in the judgment of the City Council it becomes necessary in the interest of economy or because the necessity for any authorized position in the City service no longer exists, the City Council may eliminate or reduce the number of any or all authorized positions within the City service without the right of appeal of the decision to eliminate or reduce the positions.
(Ord. 111.5 (part), 6/20/78)
Section 2 Demotion Within the Competitive Service Classifications Above the Entry Level
VI-102-2.00
In reducing the number of personnel within classification(s) the least senior employee(s) within the affected class(es) shall be displaced either through demotion or lay -off. Seniority for the purpose of this section, is defined as the employee's total time served within the specified classification, or higher classification(s) within the job series. In the event two or more employees have served the same amount of time in a classification, seniority shall be determined by their respective position on the employment list for the specified classification. All temporary employees in the affected class or classes shall be laid off prior to the displacement of any probationary or permanent employee.
Any permanent employee who is displaced as provided for in Section 1, may elect to accept a demotion in lieu of lay-off to a lower level related classification, or an unrelated classification previously held on a permanent basis, provided, however, that two conditions are met:
1) that the employee accepting demotion meets the qualifications for the classification he/she has elected for the demotion OR has previously held the classification; and 2) that the employee accepting demotion must have a length of service either in the higher classification(s), the classification he/she is considering for demotion, or a combination of both which is greater than the least senior employee in the classification to which he/she intends to accept the demotion.
(Ord. 111.5 (part), 6/20/78)
Section 3 Exempt Employees May Return to the Competitive Service
VI-102-3.00
Any exempt employee who was promoted from the Competitive Service may elect a demotion to the Competitive Service in lieu of layoff. Once elected, said employee shall be eligible for demotion to a lower level classification in accordance with the provisions of Section 2. (Ord. 111.8 (I)(part), 4/17/90: Ord. 111.5 (part), 6/20/78) Section 4 Lay-Off
VI-102-4.00
Seniority, for the purpose of this section, shall be defined as the total cumulative time of City service and shall be observed in effecting lay-offs. The order of lay-off shall be in the reverse order of total cumulative time served in permanent positions in the City service upon the effective date of lay-off. Lay-off shall be made within classes of positions, and all temporary employees in the affected class or classes shall be laid off prior to the lay -off of any probationary or permanent employee.
Each employee laid off shall receive a final performance evaluation to be based on job performance since the employee's last performance appraisal. Thereafter, the Department head shall certify as to the affected employee's competency if overall service in the classification has been satisfactory. If not certified as having given satisfactory service, the employee laid off may interpret the action as a discharge and request a hearing as provided by the Personnel Ordinance. An employee who is laid off must be certified as competent, in order to be placed on the re-employment list.
(Ord. 111.5 (part), 6/20/78)
Section 5 Time Served on Military Leave
VI-102-5.00
For the purpose of determining displacement within classifications in accordance with this Chapter, time served on military leave shall be included as time served within the classification held at the time the military leave was taken, and in accordance with the Military and Veterans Code of the State of California. (Ord. 111.5 (part), 6/20/78)
Section 6 Notice of Lay-Off
VI-102-6.00
Pursuant to Section 1 of this Chapter, the City shall provide employees who may be affected by lay- off, a thirty (30) calendar day written preliminary notice of intent to lay -off. The preliminary notice shall also advise the employee whether, in accordance with this Chapter, they may elect demotion in lieu of lay-off. Employees who are notified that they may elect demotion in lieu of lay-off, must advise the City Manager's Office within fifteen (15) calendar days, of their decision to exercise the demotion option or forfeit their rights to the demotion in lieu of lay-off. Thereafter, the City shall provide a written confirmed notice of lay -off at least ten (10) working days prior to the effective date of lay-off. Reasonable effort shall be made to ensure notification. The recognized employee group representatives for the affected classes shall be notified concurrently on the preliminary and confirmed lay- off notices.
(Ord. 111.5 (part), 6/20/78)
Section 7 Re-Employment Lists
VI-102-7.00
The names of probationary and permanent employees laid off or demoted in accordance with this Chapter shall be placed on a re-employment list in the reverse order of their displacement, whether it be by lay -off or demotion. The lists shall be prepared by classes which, in the opinion of the City Manager, require basically the same qualifications and duties and responsibilities for those of the class or classes of positions from which lay -off or demotion occurred. Re-employment lists shall remain in effect for seven years following their promulgation, except that the names of employees who are laid off shall be removed after three years.
Employees who are laid off in accordance with this Chapter are required to keep the City Manager's Office informed of any change of address or telephone number. Employees shall be returned in the reverse order of their displacement.
An employee's name shall be removed from the re-employment list, if:
1) the individual has been certified for appointment three times and has refused the appointments; and/or
2) has resigned from City service during the period the list is in effect.
In the event an employee's name is removed from the re-employment list for refusing an appointment three times, he/she may petition the City Manager in writing for reinstatement to the list. If good cause can be demonstrated as to why the individual did not accept any of the appointments, the City Manager may reinstate the individual to the list.
(Ord. 111.5 (part), 6/20/78)
Section 8 Conditions of Re-Employment
VI-102-8.00
Upon re-employment, any employee who was laid off in accordance with Section 4 of this Chapter shall have his/her status restored and/or modified pursuant to the existing Memorandum of Understanding in effect at the time of lay-off or subsequent Memorandum of Understanding. The intent of this section is to restore at least the following:
1) the same vacation accrual rate;
2) his/her sick leave balance in effect at the time of lay-off; 3) his/her seniority (time served in permanent positions within the City service), at the time of lay -off; 4) if re-employed in the same classification, or substantially the same classification, the employee shall be returned to the same step of the current salary range for that classification; 5) if re-employed in a lower classification, the employee's salary shall be established as though he/she had been demoted to the position; and
6) upon re-employment the applicant shall provide a written statement that he/she has not incurred any disability during the period of lay-off which would prevent the applicant from performing the duties of that position.
(Ord. 111.5 (part), 6/20/78)
Section 9 Waiver
VI-102-9.00
Unless modified herein, all other existing provisions remain as established. (Ord. 111.5 (part), 6/20/78)
Section 10 Severability
See I-1-4.12
(Ord. 111.5 (part), 6/20/78)
Section 11 Criteria for Demotion Within Exempt Classifications VI-102-11.00
In reducing the number of exempt personnel, displacement within classification(s) shall be made by the Cit y M
anager after reviewing the Department Head's recommendation and may take into consideration the following four factors:
1) consideration of the seniority of the employee(s) affected; 2) the nature of the services performed by the employee(s) affected or which the employee(s) affected are capable of rendering;
3) the importance of the service rendered to the City and to the community; a nd 4) t
he availability of funds.
(Ord. 111.8 (I)(part), 4/17/90: Ord. 111.5 (part), 6/20/78) Section 12 Outsourcing of Sworn Safety Personnel
VI-102-1
2.00 Police and Fire services are currently provided by employees of the City within Departments of the Cit y ut
ilizing City owned facilities and equipment. Any proposal to outsource the public safety functions of these departments as currently organized may not be implemented without first being approved by the voters of the City of Milpitas. Outsourcing within the meaning of this Ordinance means laying off or terminating the employment of the employees currently providing these services and replacing those persons with personnel not employees of the City. This provision shall not affect the authority of the City to otherwise reduce its workforce, as provided in this Chapter, or to take disciplinary action regarding any employee for cause, or otherwise exercise management authority to organize these departments and personnel as allowed under this Code, the Personnel Rules and applicable MOU provisions.
(Ord. No. 283, § 2, 11/6/12)
Cit
y of Milpitas
City Attorney
CLASS CODE
1112
SALARY
$13,076.92 - $15,384.62 Biweekly
$340,000 - $400,000 Annually
ESTABLISHED DATE
September 07, 2021
REVISION DATE
October 04, 2021
Definition
Under administrative direction acts as legal advisor to, and counsel for, the City Council, Mayor, City Manager and City departments; performs difficult and responsible professional civil and criminal legal work for the City, its agencies, boards and commissions; plans, organizes and directs activities of the City Attorney's Office and performs related work as required. This is an at-will position that serves at the pleasure of the City Council.
This single position class manages all City legal activities, including civil litigation, whether performed by inhouse staff or outside counsel. Responsibilities also include personally handling sensitive and complex legal matters and rendering advice and opinions to the City Council, Boards and Commissions, the City Manager and others. The incumbent is accountable for accomplishing departmental goals and objectives and for furthering City goals and objectives within general policy guidelines.
SUPERVISION
• Receives direction and supervision from the City Council • Exercises management and supervision of the department
Ex
amples of Duties
Duties may include, but are not limited to, the following:
• Develops and directs the implementation of goals, objectives, policies, procedures, budget and work standards for the Legal Department.
• Plans, organizes, administers, reviews and evaluates the activities of professional, support and contract staff; selects assigned staff and provides for their training and professional development.
• Provide legal counsel and opinions for the City Council, City staff, commissions, committees and officials in legal matters pertaining to City business. • Attend City Council meetings and Planning Commission meetings for the purpose of providing legal advice and counsel on matters affecting the City. Also attend other meetings, as requested by the City council or City Manager. • Draft and review legal documents, petitions, contracts, leases, resolutions, ordinances and other legal documents relative to the administration of legal processes affecting the City.
• Provides legal service to and on behalf of the City, its officers, boards, commissions and departments; renders legal opinions to the City Council, City Manager, and Department Managers as requested; confers with and renders assistance to the City Manager and Department Heads in establishing departmental policies. • Examine and analyze court decisions and legislation to determine their effect upon municipal affairs.
• Provides legal counsel and assistance in the field of employee relations and provides representation for the City in Workers' Compensation cases and self-insured liability program.
• Prosecute for civil remedies to enforce City ordinances, abate public nuisances, recover for damages to City property, and condemn property for public purpose and other matters. • Appears before courts and administrative bodies to represent the City's interest as required.
• Serve as the Redevelopment Agency general counsel and monitor Redevelopment Agency legal needs.
• Select, supervise, train and evaluate staff.
• Perform related duties as assigned.
Typical Qualifications
Knowledge of:
• Organization, duties, powers, limitations, and authority of City government and the City Attorney’s Office.
•
Legal principles and practices, including civil, criminal, constitutional, and administrative law and procedure.
• Ordinances, statutes, and court decisions relating to municipal corporations. • Laws and practices with specific reference to redevelopment and community development.
• Judicial procedure and rules of evidence.
• Methods of legal research.
• Established precedents and sources of legal reference applicable to municipal activities.
• Principles and practices of public administration.
• Principles and practices of effective office management and supervision.
Ability to:
• Communicate clearly and concisely, orally and in writing. • Effectively plan, organize, and direct the activities required of a municipal legal office. • Organize, interpret, and apply legal principles and knowledge of complex legal problems; effectively apply legal knowledge and principles in court. • Present statements of law, fact and argument clearly and logically. • Prepare and present difficult cases in court.
• Conduct research on complex legal problems and prepare sound legal opinions. • Properly interpret and make decisions in accordance with laws, regulations, and policies.
• Establish and maintain effective working relationships with employees, public officials, other departments and agencies, and the general public. • Select, supervise, train, and evaluate assigned staff.
EDUCATION AND EXPERIENCE
Experience: Seven (7) years of experience practicing law with at least five (5) years of substantial municipal or county law experience in the State of California and includes at least two (2) years’ experience at a management level in a governmental legal office.
Education: Juris Doctorate degree from an accredited school of law.
LICENSE OR CERTIFICATE
• Active membership in the State Bar of California
• Possession and maintenance of a valid California Driver’s License is required.
Su
pplemental Information
Essential duties require the following physical abilities and work environment • Ability to work in a standard office environment
• Ability to attend night (evening) meetings
• Ability to travel independently to various locations within and outside the City of Milpitas
City of Milpitas
455 E. Calaveras Blvd. Milpitas, CA 95035
Contact:
Charmaine Angelo, Public Information Officer
[email protected]
408-906-9603
Milpitas City Council to Consider Christian M. Curtis for City Attorney Role
Milpitas, CA — February 13, 2026 — FOR IMMEDIATE RELEASE After an extensive search and multiple rounds of interviews from a diverse and experienced applicant pool, the Milpitas City Council is pleased to consider the appointment of Christian M.
Curtis as the City’s next City Attorney. Christian brings vast experience as a public-sector leader, with a career advising cities and counties throughout Northern California.
If appointed at the next City Council meeting on February 17, 2026, Christian would join the City of Milpitas following his most recent service as City Attorney for the City of Redding and its population of over 90,000 residents. In that role, he worked closely with the City Council, department heads, and staff to address complex legal and operational matters, overseeing civil litigation, contracts, and risk management, while mentoring and leading a professional legal team.
Previously, Christian served in multiple senior legal leadership roles with the County of Mendocino, including County Counsel, the head legal official for the region. During his tenure, he advised the Board of Supervisors and county departments on a wide range of legal issues, oversaw civil litigation, juvenile dependency, and code enforcement matters, and managed a large, multidisciplinary legal staff.
Christian also brings private-sector experience, having worked in private practice in Curtis & Curtis, LLP in Grass Valley. His practice focused on advising public agencies on employment law, labor relations, public contracting, and open government requirements, while serving as lead counsel in litigation involving constitutional and tort claims.
Milpitas Mayor Carmen Montano, on behalf of the City Council, commented on the pending appointment.
“The City Council had many strong candidates to consider, and Christian emerged as a leading choice for Milpitas,” said Mayor Montano. “His extensive background in municipal law and his thoughtful, steady approach to public service would be a valuable asset to our community.”
A lifelong resident of Northern California, Christian has dedicated his legal career to representing local governments and supporting effective, transparent public service. He earned a Bachelor of Arts in History from the University of California, Berkeley, and a Juris Doctor from Brooklyn Law School, where he received multiple academic awards and achievement scholarships. “I am honored to be considered by the Milpitas City Council and appreciate the opportunity to potentially serve the City,” said Christian. “I look forward to working collaboratively with the Council, City staff, and the community to support the Council’s policy goals and help provide effective and responsible public service.”
If approved by the City Council, Christian would serve as the City’s chief legal advisor, providing counsel to the City Council, City staff, and advisory bodies. He is anticipated to start with the City of Milpitas in Spring 2026 with a specific start date to be determined following the City Council’s consideration of the contract.
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About the City of Milpitas
About the City of Milpitas Located at the southern end of San Francisco Bay, Milpitas is a progressive community that is an integral part of Silicon Valley. A full-service city with water utility, sewer utility, police and fire services, Milpitas is a flourishing community with a very diverse and inclusive resident population of over 80,000. Often referred to as the Crossroads of Silicon Valley, the City is situated between major thoroughfares in the Bay Area and considered a highly desirable location for world-class technology companies seeking to build a central base of operations. With the addition of the new Milpitas Transit Center offering BART, light rail, and bus service and multiple new mixed-use development projects, along with a host of new City Plans and Programs in support of an inspiring and sustainable future, the City is at the forefront of building the next generation economy. For more information, visit: www.milpitas.gov