Cities Index.
Agenda packet

Milpitas City Council
May 19, 2026

Document
Agenda packet
Meeting
May 19, 2026
Body
Milpitas City Council
Pages
762
Original file
75.3 MB
Text extracted from the city's file for reading and search. Open the original on milpitasca.api.civicclerk.com. That file is the official record.

City of Milpitas
Fiscal Year 2026/27 – LLMAD No. 98-1 Engineer’s Report 14

5.2 Maximum Assessment Rates
The following table provides the historical maximum assessment rates for Fiscal Year 2000/01 through the current fiscal year:

Fiscal Year CPI Percentage Increase(1) Maximum Rate
2000/01 178.7 N/A $292.803
2001/02 189.1 5.82% 309.844
2002/03 193.0 2.06% 316.234
2003/04 197.3 2.23% 323.280
2004/05 198.3 0.51% 324.918
2005/06 202.5 2.12% 331.800
2006/07 208.9 3.16% 342.286
2007/08 215.842 3.32% 353.661
2008/09 222.074 2.89% 363.872
2009/10 223.854 0.80% 366.789
2010/11 227.697 1.72% 373.086
2011/12 234.121 2.82% 383.611
2012/13 238.985 2.08% 391.581
2013/14 244.675 2.38% 400.904
2014/15 251.495 2.79% 412.079
2015/16 257.622 2.44% 422.118
2016/17 264.565 2.70% 433.494
2017/18 274.589 3.79% 449.919
2018/19 283.422 3.22% 464.392
2019/20 294.801 4.01% 483.037
2020/21 298.074 1.11% 488.400
2021/22 309.419 3.81% 506.988
2022/23 324.878 5.00% 532.318
2023/24 338.496 4.19% 554.632
2024/25 351.247 3.77% 575.524
2025/26 354.432 2.69% 591.000
2026/27 363.211 2.48%(2) 605.639
(1) Percentage increase from April 1 of the prior year to April 1 of the current year in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index, Pacific Cities and US City Average, San Francisco-Oakland-Hayward. (2) The April 1, 2026 CPI was not available at the time of writing of this report. The Fiscal Year 202/26 CPI increase was estimated using the February 1, 2025 CPI.

5.3 Appeals
Any property owner who feels that the amount of their assessment is in error as a result of incorrect information being used to apply the foregoing method of spread, may file an appeal with the Finance Director of the City. Any such appeal is limited to correction of an assessment during the current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Finance Director shall promptly review the information provided by the property owner and if he/she finds that the assessment should be modified, he/she shall have the authority to make the appropriate changes in the assessment roll. If any such changes are provided after the assessment roll has been filed with the County for collection, the Finance Director is authorized to refund to the property owner the amount of any approved reduction.

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City of Milpitas
Fiscal Year 2026/27 – LLMAD No. 98-1 Engineer’s Report A

APPENDIX A - ASSESSMENT DIAGRAM

The following page provides a copy of the assessment diagram of the District.

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City of Milpitas
Fiscal Year 2026/27 – LLMAD No. 98-1 Engineer’s Report B

APPENDIX B - ASSESSMENT ROLL
Assessor’s parcel identification, for each lot or parcel within the District, shall be based on the Santa Clara County Assessor’s secured roll data for the applicable year in which this report is prepared and is incorporated herein by reference.

A listing of assessor’s parcels assessed within the District for Fiscal Year 2026/27, along with the assessment amounts, is on file in the office of the City Clerk and incorporated herein by reference. Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the Santa Clara County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the assessment amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount.

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City of Milpitas
LLMAD No. 98-1
Final Billing Detail Report for Fiscal Year 2026/27
APN Assessment ID Situs Address Fiscal Year 2026/27 Levy 086-48-001 1 872 CAMERON CIR $538.32
086-48-002 2 868 CAMERON CIR 538.32
086-48-003 3 864 CAMERON CIR 538.32
086-48-004 4 860 CAMERON CIR 538.32
086-48-005 5 856 CAMERON CIR 538.32
086-48-006 6 852 CAMERON CIR 538.32
086-48-007 7 848 CAMERON CIR 538.32
086-48-008 8 844 CAMERON CIR 538.32
086-48-009 9 840 CAMERON CIR 538.32
086-48-010 10 836 CAMERON CIR 538.32
086-48-011 11 832 CAMERON CIR 538.32
086-48-012 12 828 CAMERON CIR 538.32
086-48-013 13 824 CAMERON CIR 538.32
086-48-014 14 820 CAMERON CIR 538.32
086-48-015 15 816 CAMERON CIR 538.32
086-48-016 16 812 CAMERON CIR 538.32
086-48-017 17 808 CAMERON CIR 538.32
086-48-018 18 804 CAMERON CIR 538.32
086-48-019 19 800 CAMERON CIR 538.32
086-48-020 20 1004 CAMERON PL 538.32
086-48-021 21 1000 CAMERON PL 538.32
086-48-022 22 996 CAMERON PL 538.32
086-48-023 23 992 CAMERON CIR 538.32
086-48-024 24 988 CAMERON CIR 538.32
086-48-025 25 984 CAMERON CIR 538.32
086-48-026 26 980 CAMERON CIR 538.32
086-48-027 27 976 CAMERON CIR 538.32
086-48-028 28 972 CAMERON CIR 538.32
086-48-029 29 968 CAMERON CIR 538.32
086-48-030 30 964 CAMERON CIR 538.32
086-48-031 31 960 CAMERON CIR 538.32
086-48-032 32 956 CAMERON CIR 538.32
086-48-033 33 952 CAMERON CIR 538.32
086-48-034 34 948 CAMERON CIR 538.32
086-48-035 35 944 CAMERON CIR 538.32
086-48-036 36 940 CAMERON CIR 538.32
086-48-037 37 936 CAMERON CIR 538.32
086-48-038 38 932 CAMERON CIR 538.32
086-48-039 39 928 CAMERON CIR 538.32
086-48-040 40 924 CAMERON CIR 538.32
086-48-041 41 920 CAMERON CIR 538.32
086-48-042 42 916 CAMERON CIR 538.32
Slight variances may occur due to rounding
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City of Milpitas
LLMAD No. 98-1
Final Billing Detail Report for Fiscal Year 2026/27
APN Assessment ID Situs Address Fiscal Year 2026/27 Levy 086-48-043 43 912 CAMERON CIR 538.32
086-48-044 44 908 CAMERON CIR 538.32
086-48-045 45 904 CAMERON CIR 538.32
086-48-046 46 900 CAMERON CIR 538.32
086-48-047 47 896 CAMERON CIR 538.32
086-48-048 48 892 CAMERON CIR 538.32
086-48-049 49 888 CAMERON CIR 538.32
086-48-050 50 884 CAMERON CIR 538.32
086-48-051 51 880 CAMERON CIR 538.32
086-48-052 52 876 CAMERON CIR 538.32
086-48-053 53 899 CAMERON CIR 538.32
086-48-054 54 903 CAMERON CIR 538.32
086-48-055 55 907 CAMERON CIR 538.32
086-48-056 56 911 CAMERON CIR 538.32
086-48-057 57 915 CAMERON CIR 538.32
086-48-058 58 211 CAMERON CT 538.32
086-48-059 59 203 CAMERON CT 538.32
086-48-060 60 195 CAMERON CT 538.32
086-48-061 61 200 CAMERON CT 538.32
086-48-062 62 208 CAMERON CT 538.32
086-48-063 63 216 CAMERON CT 538.32
086-48-064 64 207 WHITE CT 538.32
086-48-065 65 199 WHITE CT 538.32
086-48-066 66 191 WHITE CT 538.32
086-48-067 67 183 ALLEN CT 538.32
086-48-068 68 175 ALLEN CT 538.32
086-48-069 69 180 ALLEN CT 538.32
086-48-070 70 188 ALLEN CT 538.32
086-48-071 71 196 WHITE CT 538.32
086-48-072 72 204 WHITE CT 538.32
086-48-073 73 212 WHITE CT 538.32
086-48-074 74 203 KING CT 538.32
086-48-075 75 195 KING CT 538.32
086-48-076 76 187 KING CT 538.32
086-48-077 77 179 BRANDT CT 538.32
086-48-078 78 171 BRANDT CT 538.32
086-48-079 79 176 BRANDT CT 538.32
086-48-080 80 184 BRANDT CT 538.32
086-48-081 81 192 KING CT 538.32
086-48-082 82 200 KING CT 538.32
086-48-083 83 208 KING CT 538.32
086-48-084 84 199 DOUGLAS CT 538.32
Slight variances may occur due to rounding
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City of Milpitas
LLMAD No. 98-1
Final Billing Detail Report for Fiscal Year 2026/27
APN Assessment ID Situs Address Fiscal Year 2026/27 Levy 086-48-085 85 191 DOUGLAS CT 538.32
086-48-086 86 183 DOUGLAS CT 538.32
086-48-087 87 175 HOBBS CT 538.32
086-48-088 88 167 HOBBS CT 538.32
086-48-089 89 174 HOBBS CT 538.32
086-48-090 90 182 HOBBS CT 538.32
086-48-091 91 190 DOUGLAS CT 538.32
086-48-092 92 198 DOUGLAS CT 538.32
086-48-093 93 206 DOUGLAS CT 538.32
086-48-094 94 991 CAMERON CIR 538.32
086-48-095 95 995 CAMERON CIR 538.32
086-48-096 96 811 CAMERON CIR 538.32
086-48-097 97 815 CAMERON CIR 538.32
086-48-098 98 831 CAMERON CIR 538.32
$52,755.3698 Accounts
Slight variances may occur due to rounding
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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Appointing a Permanent City Manager (Staff Contact:

Christian M. Curtis, City Attorney, 408-586-3040)
Category: Leadership and Support Services
Meeting Date: 5/19/2026
Recommendation: (1) Adopt a resolution to appoint Willie A. Hopkins, Jr. as City Manager; (2) Approve and authorize the Mayor to execute an employment agreement on behalf of the City; and (3) Authorize the City Attorney and 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 has a Council- Manager form of government in which the elected City Council sets policy direction and the City Manager implements City Council policy, manages day-to-day operations and provides professional recommendations to support the Council on policy decisions. The City Manager position became vacant on January 1, 2026.

On January 20, 2026, the City Council appointed Police Chief Jared Hernandez as Acting City Manager. The current recruitment for City Manager was launched early February 2026 by executive recruitment firm, WBCP, Inc. On March 28, April 4 and April 17, 2026, interviews were conducted by the full City Council. On April 21, 2026 at a City Council closed session, the City Council selected a candidate and provided direction and authority to the City Attorney to negotiate a contract for the permanent City Manager.

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 Willie A. Hopkins, Jr. as its preferred candidate for City Manager.

Mr. Hopkins brings extensive senior-level experience in administrative and operational management, with a strong track record leading complex organizations across the public, private, and military sectors.

If appointed by the City Council, Mr. Hopkins would join the City of Milpitas with decades of leadership experience overseeing a broad range of municipal government functions, including large-scale infrastructure delivery, strategic planning, operational management, and organizational leadership. Throughout his career, he has successfully managed and delivered more than $3 billion in capital projects, including oversight of a capital improvement plan valued at approximately $1.5 billion.

Mr. Hopkins is recognized as a collaborative and inclusive leader who has successfully led diverse teams and fostered strong partnerships among elected officials, staff, labor groups, businesses, and community stakeholders. As a senior municipal executive, he has worked closely with City Councils and executive leadership teams to develop and implement fiscally responsible policies and strategic initiatives aligned with long-term organizational goals and community priorities.

On behalf of the City Council, staff recommends the City Council adopt a resolution (Attachment A) appointing Willie A. Hopkins, Jr. as permanent City Manager, 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 City Attorney and Acting City Manager, or designee, to take such other actions as necessary and appropriate to carry out the purpose of this appointment.

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POLICY ALTERNATIVE(S):

Alternative 1: Do not adopt the resolution to appoint a permanent City Manager.

Pros: None.

Cons: The volume and complexity of the administration of the City requires a fully staffed City Manager's Office operating at full capacity. An acting, interim or contracted arrangement does not position the office to meet the City's ongoing operational and policy needs on a sustainable and economic basis.

FISCAL IMPACT:

The Employment Agreement establishes a starting annual salary of $350,000 for the City Manager, effective upon appointment. The total fiscal impact comprises the base salary, customary benefits consistent with the City of Milpitas Unrepresented Handbook, and any additional economic benefits specified in the Agreement.

The position has been vacant since January 1, 2026, and vacancy savings generated in FY 2025-26 are sufficient to absorb the costs associated with the contemplated June 1, 2026 start date.

The table below summarizes the fiscal impact and funding sources for FY 2026-27 and beyond. Total estimated annual compensation is $516,027, consisting of $350,000 in salary and $166,027 in benefits. Costs are allocated approximately 97% to the General Fund (Fund 100) and 3% to the Affordable Housing Community Benefit Fund (Fund 216), reflecting the City Manager's oversight of Affordable Housing Community Benefit Fund activities. These ongoing costs have been incorporated into the FY 2026-27 Proposed Operating Budget and will be carried forward in future annual budgets, 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 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.

City Manager100 - General Fund
216 - Affordable Housing Community Benefit FundTotalSalary 339,500$ 10,500$ 350,000$Benefits 161,046 4,981 166,027Total Sources of Funds500,546$ 15,481$ 516,027$ City Manager100 - General Fund
216 - Affordable Housing Community Benefit FundTotalSalary 339,500$ 10,500$ 350,000$Benefits 161,046 4,981 166,027Total Uses of Funds500,546$ 15,481$ 516,027$ Source of Funds
Use of Funds

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ATTACHMENT(S):
(a) Resolution Appointing a Permanent City Manager
(b) Exhibit A: Employment Agreement

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RESOLUTION NO. XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPOINTING

A PERMANENT CITY MANAGER

WHEREAS, the Milpitas City Manager position became vacant on January 1, 2026; and

WHEREAS, on January 20, 2026, the City Council appointed Police Chief Jared Hernandez as City Manager on an Acting Basis until such time as a permanent City Manager is appointed and takes office or the Council takes further action; and

WHEREAS, the City desires to employ the qualified professional services of Willie A. Hopkins, Jr. as City Manager of the City, as provided by the Milpitas Municipal Code and Sections 34800 et seq. of the California Government Code; and

WHEREAS, the annual salary to be paid to Willie A. Hopkins, Jr. for performance of the City Manager position is $350,000.00 per year; and

WHEREAS, Willie A. Hopkins, Jr. will receive all benefits and incentives which Unrepresented Miscellaneous Exempt employees receive unless waived; and

WHEREAS, Willie A. Hopkins, Jr. 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 Willie A. Hopkins, Jr. as City Manager effective June 1, 2026 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 City Attorney, or designee, to take such other actions as necessary and appropriate to carry out the purpose of this appointment.

PASSED AND ADOPTED this 19th day of May 2026, by the following vote:

AYES: (0) None
NOES: (0) None
ABSENT: (0) None
ABSTAIN: (0) None

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2 Resolution No. XXXX
ATTEST: APPROVED:

Suzanne Guzzetta City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Christian M. Curtis, City Attorney

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EMPLOYMENT AGREEMENT
THIS AGREEMENT (“Agreement”) is between the City of Milpitas, a municipal corporation (the “City” or “Employer”) and Willie Hopkins (“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 Manager of the City, as provided by the Milpitas Municipal Code and sections 34800 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 Manager. The Employee represents that he has the necessary and specialized experience, skills, and expertise required to serve as the City Manager 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 Manager, and Employee continues to accept the appointment and employment as of June 1, 2026.

2. Duties of Employee.

Employee shall perform the duties established for the City Manager by State law, the Milpitas Municipal Code, the City Manager job description, the directions of the City Council, or as otherwise provided by law, ordinance, resolution or regulation. Select provisions of the Milpitas Municipal Code pertaining to the City Manager and City Manager job description, as may be amended from time to time,

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are attached hereto as Exhibit A and are hereby made a part of this Agreement. Such duties shall include, but not be limited to:
(i) To see that all laws and ordinances of the City are duly enforced and that all franchises, permits, licenses and privileges granted by the City are faithfully performed and observed;
(ii) To control, order and give directions to all directors of departments and to subordinate officers and employees of the City under their jurisdiction through their department directors, and to transfer employees from one department to another;
(iii) To attend all meetings of the City Council unless excused there from by the City Council;
(iv) To recommend to the City Council for adoption such measures and ordinances as they deems necessary or expedient;
(v) To keep the City Council at all times fully advised as to the financial conditions and needs of the City;
(vi) After receiving feedback from the City Council, to prepare and submit to the City Council an annual recommended budget and to administer the adopted budget; (vii) To purchase or cause to be purchased all supplies for all of the departments or divisions of the City. No expenditures, except those for legal services, shall be submitted or recommended to the City Council except on report and approval of the City Manager;
(viii) To make investigation into the affairs of the City and any department or division thereof and any Contract or the proper performance of any obligation running to the City;

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(ix) To oversee and direct the investigation of all complaints in relation to matters concerning the administration of the government of the City and in regard to the services maintained by public utilities in the City and to see that all franchises, permits and privileges granted by the City are faithfully observed; (x) To execute general supervision over all public buildings, public parks, streets and other public property which are under the control and jurisdiction of the City Council;
(xi) To devote their entire working time, thought and energy to the duties and interests of the City;
(xii) When acting in their official capacity as City Manager, respond to all media and community inquiries in alignment with the City Council's approved values, visions, and goals, and exclusively in the best interests of the City; (xiii) To make reports and initiate recommendations as may be desirable or as requested by the City Council; and
(xiv) To perform such other duties and exercise such other powers as may be delegated to them from time to time by ordinance, resolution or other action of the City Council.
(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.

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(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.
(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 personal leave (i.e., vacation time) for any outside activities of this nature.

3. Hours of Work.

The City Manage is an FLSA exempt employee but is expected to engage in those hours of work that are necessary to fulfill the obligation of the City Manager’s position. The City Manager does not have set hours of work. The City Manager is expected to be reasonably available to the City Council at all times.

It is recognized that the City Manager 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 Manager’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 November 25, 2028, 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.
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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 sixty (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 Fifty Thousand Dollars ($350,000), payable on a pro-rata basis in the same manner as a full-time City employee, and subject to all applicable payroll taxes and withholdings. The salary and benefits contained herein shall commence as of the Start Date.

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(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. No salary adjustment is guaranteed but is subject to the discretion of the City Council. (c) 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, such 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 401(a) 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.
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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.

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 Manager.

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 Manager in writing. As used in this Agreement, Cause shall only mean any of the following:

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(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 ninety (90) days 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

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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 approved by the City Attorney, (ii) the expiration of any statutory waiting period necessary for such release to become effective and (iii) 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

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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 Manager. (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 electronic mail (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

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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:

Willie Hopkins
Attn: City Manager
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 of 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.

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(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.

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(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.

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SIGNATURE PAGE FOR AGREEMENT FOR EMPLOYMENT AGREEMENT

BETWEEN THE CITY OF MILPITAS

AND WILLIE HOPKINS

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 ___________________________________

Willie Hopkins

Approved as to Form:
_____________________________________
Christian M. Curtis, City Attorney

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